Feb 18, 2026 City Council Regular Meeting

[00:00:01]

FINALLY THIS MORNING I REMEMBERED MY BAG. GOOD MORNING AND WELCOME TO THIS REGULAR CITY COUNCIL MEETING THIS BEAUTIFUL FEBRUARY 18TH,

[1) CALL TO ORDER AND ROLL CALL]

COUNCIL MEMBER CRISMAN HERE. COUNCIL MEMBER. CRAMER HERE.

COUNCIL MEMBER. PENMAN HERE. COUNCIL MEMBER. PETRANOFF HERE.

VICE MAYOR HUTCHINSON HERE. MAYOR HEITMANN HERE.

THANK YOU. TODAY WE HAVE PASTOR MARK MINCY WITH US TO DO THE INVOCATION FROM ORANGE TREE BIBLE CHURCH.

[2) INVOCATION AND PLEDGE OF ALLEGIANCE]

GOOD MORNING. LET'S PRAY. FATHER IN HEAVEN, I COME TO YOU TODAY IN THE NAME OF JESUS, CLAIMING HIS PERFECT RIGHTEOUSNESS AS MY ONLY ACCESS INTO YOUR PRESENCE.

I BLESS YOUR NAME. HALLOWED BE YOUR NAME. MAY YOUR KINGDOM COME AND YOUR WILL BE DONE.

ON EARTH AS IT IS IN HEAVEN. AND AS A LOCAL EXPRESSION OF THAT ANCIENT PRAYER, I PRAY THAT YOU WOULD GIVE OUR MAYOR AND OUR COUNCIL MEMBERS WISDOM AS THEY SEEK TO GOVERN THIS COMMUNITY IN A WAY THAT ALLOWS CITIZENS TO FLOURISH FOR THE GLORY OF THEIR CREATOR GOD.

I THANK YOU FOR EACH MEMBER OF THIS COUNCIL AND THE TIME THAT THEY DEVOTE TO OUR COMMUNITY.

I PRAY THAT YOU WOULD BLESS THEM AND PROTECT THEM.

I PRAY ESPECIALLY FOR MR. HUTCHINSON AND MISS PETRANOFF AND MR. CHRISMAN. THANK YOU FOR THEIR SERVICE TO OUR COMMUNITY.

BLESS THEM AND PROTECT THEM IN THEIR FUTURE ENDEAVORS.

AND I ALSO PRAY FOR MR. BLANKENSHIP AND MR. KROLL AND MR. SCHULTZ AS THEY BEGIN THEIR SERVICE ON THE COUNCIL.

GIVE THEM WISDOM AND PEACE AND SAFETY AND JOY AS THEY SERVE OUR COMMUNITY.

I ASK THAT YOU WOULD GIVE US ALL OUR DAILY BREAD TODAY.

WE ARE CERTAINLY RICH MATERIALLY WHEN COMPARED TO MOST OF THE WORLD, BUT PERHAPS THERE ARE NEEDS REPRESENTED IN THIS ROOM THAT GO FAR BEYOND THE MATERIAL.

GIVE YOUR IMAGE BEARERS THEIR DAILY BREAD, DEAR FATHER, PHYSICALLY, SPIRITUALLY, RELATIONALLY AND COMMUNALLY.

AND LEAD US NOT INTO TEMPTATION. HOLY FATHER, PROTECT US FROM GOING TO PLACES AGAIN PHYSICAL, SPIRITUAL, RELATIONAL OR COMMUNAL 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 HUMBLY THANK YOU. FOR THINE IS THE KINGDOM, AND THE POWER AND THE GLORY FOREVER.

AMEN, AMEN. THANK YOU.

WOULD YOU PLEASE AGAIN JOIN ME IN PRAYER? HEAVENLY FATHER, WE COME BEFORE YOU WITH GRATEFUL HEARTS AS WE OPEN THIS MEETING OF THE NAPLES CITY COUNCIL. YOUR WORD REMINDS US IN PROVERBS THREE FIVE AND SIX TO TRUST IN YOU WITH ALL OUR HEARTS AND TO NOT LEAN ON OUR OWN UNDERSTANDING. IN ALL OUR WAYS MAY WE ACKNOWLEDGE YOU, TRUSTING THAT YOU WILL DIRECT OUR PATHS.

AND TODAY, AS WE SEEK THAT DIVINE DIRECTION, LORD IS THREE NEWLY ELECTED LEADERS PREPARE TO BE SWORN INTO OFFICE.

WE ASK THAT YOU GRANT THEM THE WISDOM PROMISED IN JAMES ONE FIVE, WISDOM GIVEN GENEROUSLY TO THOSE WHO ASK.

FILL EACH OF THE SEVEN ELECTED OFFICIALS WITH DISCERNMENT, INTEGRITY, AND COURAGE.

MAY THEY LEAD NOT FOR PERSONAL RECOGNITION, BUT FOR THE GOOD OF THE PEOPLE THEY SERVE.

YOUR WORD IN MICAH SIX EIGHT CALLS US TO ACT JUSTLY, TO LOVE MERCY, AND WALK HUMBLY WITH YOU.

INSTILL IN US HUMILITY THE KIND THAT LISTENS CAREFULLY, SPEAKS THOUGHTFULLY, AND CHOOSES UNITY OVER DIVISION.

REMIND US THAT TRUE LEADERSHIP IS NOT ABOUT AUTHORITY, BUT ABOUT STEWARDSHIP.

WE ACKNOWLEDGE THAT THE CHALLENGES BEFORE THIS COUNCIL CANNOT BE OVERCOME BY ONE PERSON ALONE.

IT WILL TAKE ALL SEVEN WORKING TOGETHER, COLLABORATING, COMPROMISING AND COMMITTING TO A SHARED VISION TO OVERCOME OBSTACLES AND MOVE OUR CITY FORWARD. BIND THEM TOGETHER IN PURPOSE AND MUTUAL RESPECT.

[00:05:03]

AND MAY EVERY DECISION REFLECT A HEART TO SERVE.

DEAR LORD, ON THIS FINAL DAY OF SERVICE, I OFFER GRATITUDE FOR THE OPPORTUNITY TO LEAD AND TO LEARN.

BLESS. GOD BLESS THIS COUNCIL. GOD BLESS THIS CITY AND GUIDE US ALL IN FAITHFUL SERVICE.

AMEN. PLEASE JOIN ME IN THE PLEDGE OF ALLEGIANCE.

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.

QUICK REMINDER TO MAKE SURE YOUR CELL PHONES ARE TURNED OFF.

WITH THAT, I WANT TO THANK EVERYONE FOR BEING HERE TODAY AND ESPECIALLY OUR DEPARTMENT MANAGERS AND HEADS OF THE DEPARTMENT AND STAFF THAT ARE HERE TODAY. IS A CELEBRATORY DAY. IT'S ALSO A DAY OF WISHING AND BEST OF WISHES AND BLESSINGS TO THE COUNCIL THAT HAVE SERVED US.

[3.A) Recognition of Outgoing Council Members.]

AND IF I COULD HAVE COUNCIL MEMBER CHRISTMAN AND VICE MAYOR HUTCHISON AND COUNCILWOMAN PETRANOFF COME DOWN TO THE PODIUM, PLEASE.

MAYOR. YES, SIR. THANK YOU. MAYOR. SO FIRST OF ALL, I WANT TO THANK EACH AND EVERY ONE OF YOU FOR BEING HERE TODAY.

IT IS A VERY IMPORTANT DAY AND I THINK HAVING TWO PRAYERS, I'M GOING TO CONTINUE THAT THEME INTO MY THANKING OF MEMBERS OF COUNCIL FOR THEIR THEIR DUE DILIGENCE. AND I'M GOING TO START WITH GALATIANS SIX NINE AND IT SAYS, FATHER, I PRAY YOU DO NOT ALLOW ME TO BECOME WEARY IN WELL DOING, FOR IN DUE SEASON I WILL REAP IF I DO NOT LOSE HEART.

WHEN YOU BEGAN YOUR CAMPAIGNS, SORRY, I'M SURE YOU HAD AN AGENDA, A PLATFORM, AND YOU KNEW WHAT YOU WANTED TO DO WHEN YOU WALK IN.

SOME OF YOU WERE HERE ON THE HEELS OF IRMA, NEVER HAVING HEARD OF COVID, SOME OF YOU BEFORE YOU WALKED IN.

AND THEN YOU FACE THE CHALLENGES OF IAN, HELENE, MILTON.

AND DON'T FORGET THE LITTLE SISTER DEBBIE JUST THROWN IN FOR GOOD MEASURE.

IN THE END, LIFE HAS A WAY OF DEPICTING WHAT WE WILL TACKLE AND WHEN WE WILL TACKLE IT.

THE ABILITY AS ELECTED OFFICIALS, CIVIL SERVANTS AND LEADERS IS TO PIVOT AND KNOW THAT THERE'S A NEW CHALLENGE.

IT WASN'T ABOUT THE AGENDA THAT YOU WALKED IN WITH.

YOU DIDN'T LOSE SIGHT OF IT, BUT YOU HAD TO REFOCUS AND REPURPOSE BECAUSE THERE ARE BIGGER THINGS THAT YOU HAD TO HANDLE.

IT WASN'T ABOUT WHAT YOUR AGENDA WAS. IT WAS ABOUT WHAT YOUR PEOPLE NEEDED.

AND EACH OF YOU HANDLED THAT AND ADAPTED TO THAT WITH POSITIVITY AND GRACIOUSNESS.

AND FOR THAT, THE CITIZENS, YOUR STAFF, MYSELF, WE THANK YOU.

I DON'T SAY THIS THE RIGHT WAY. THE BIBLE SAYS IN ECCLESIASTES SEVEN EIGHT, THE END OF A THING IS BETTER THAN ITS BEGINNING.

THE PATIENT IS SPIRIT IS BETTER THAN PROUD IN SPIRIT BEING PATIENT.

IS IT THE END OR IS IT THE BEGINNING? WHEN YOU LEAVE HERE TODAY.

KNOW THIS. YOU ADAPTED TO ALL OF THOSE CHANGES, BROUGHT THE BEST YOU COULD FORWARD FOR THIS CITY AND FOR ITS CITIZENS.

AND WHEN YOU SIT BACK AND SAY, DID I ACCOMPLISH THE AGENDA THAT I PUT FORWARD? DID YOU ACCOMPLISH IT WITH GRACE AS MUCH AS YOU COULD?

[00:10:02]

AND I JUST WANT TO SAY, ON BEHALF OF THE CITIZENS, ON BEHALF OF YOUR STAFF, I THANK YOU.

I THANK YOU EACH FOR YOUR DEVOTION TO THIS CITY, AND YOU WILL BE GREATLY MISSED.

THANK YOU VERY MUCH. THANK YOU.

WELL, THAT WAS CERTAINLY APPROPRIATE. THANK YOU.

YOU KNOW, YOU REALLY DON'T KNOW UNTIL YOU STEP INTO THIS ROOM AND SIT AT THAT DAIS.

AND THOSE CHAIRS REPRESENT EACH AND EVERY ONE OF YOU.

AS WE TAKE AN OATH TO REPRESENT WHAT YOUR GOALS ARE AND WHAT YOUR VISION IS FOR OUR CITY.

SO AT THIS TIME, COUNCIL MEMBER PETRANOFF WE WOULD LIKE TO PRESENT YOU FROM BEHALF OF COUNCIL AND OF STAFF AND OF THE COMMUNITY THIS GIFT AND TO YOU COUNCIL MEMBER KRISEMAN AND TO YOU, VICE MAYOR HUTCHINSON.

THANK YOU. YOU CAN GO AND OPEN IT UP OR AT YOUR SEAT, AND THEN I'LL LET YOU SAY A FEW WORDS UP HERE.

YES. THANK YOU. AND I CHECKED. IT'S NOT TICKING.

MR. YOUNG, I WANT TO SAY THANK YOU. I HAD REMARKS BUT NOTHING CAN TOP WHAT YOU JUST SAID.

BUT I WILL GO ONE STEP FURTHER. WHEN I WAS ELECTED ON SAINT PATRICK'S DAY.

SWORN IN ON APRIL FOOL'S DAY. AND THE WORLD SHUT DOWN.

I HAD COUNCIL MEMBER KRISEMAN AND I HAD VICE MAYOR HUTCHINSON BY MY SIDE, ALONG WITH THE OTHER COUNCIL MEMBERS. AND YOU HAVE NO IDEA WHAT THE WEIGHT OF THE WORLD IS MAKING DECISIONS ON BEHALF OF WHAT PEOPLE COULD AND COULD NOT DO IN THEIR OWN COMMUNITIES. I HAD A GREAT TEAM AT THAT TIME AND I WILL FOREVER BE INDEBTED TO THAT.

AND WHEN THOSE HURRICANES CAME, AS MR. YOUNG SAID THESE GUYS ROLLED UP THEIR SLEEVES AND THE OTHER COUNCIL MEMBERS AND WE WENT OUT IN THE COMMUNITY AND HELPED CLEAN UP.

WE BROUGHT TOGETHERNESS AND COMMUNITY AND UNITY, AND IT'S TAKEN A WHILE, BUT YOU CAN SEE OUR BEACH ENDS ARE BEING COMPLETED, OUR PIER IS ON ITS WAY.

AND AS A TEAM WE HAVE WORKED TOGETHER. SO IT WILL BE VERY DIFFICULT TO SAY GOODBYE TO OUR COUNCIL MEMBERS, BUT I DO THANK THEM FOR THEIR SERVICE AND ON BEHALF OF THE COMMUNITY, ALSO THANK THEM FOR THEIR SERVICE.

SO WITH THAT COUNCIL MEMBER KRISEMAN, DO YOU HAVE A FEW WORDS? NOT TO PUT YOU ON THE SPOT, BUT I THANK YOU, MAYOR.

I DID WANT TO MAKE A FEW REMARKS TODAY, AND I'LL TRY TO BE BRIEF.

I KNOW THERE'S LOTS OF OTHER IMPORTANT THINGS ABOUT TO COME, BUT FIRST, SOME THANK YOUS AND CONGRATULATIONS.

AT THE LAST MEETING WE HAD BEFORE THE ELECTION, I DID TAKE ADVANTAGE IN CORRESPONDENCE AT THE END OF THE MEETING TO MAKE SOME COMMENTS ABOUT TERRY AND BETH AND THEIR SERVICE HERE.

I WON'T REPEAT THAT IN FULL, BUT JUST IN IN BRIEF, WHAT I WANT TO SAY AGAIN TO THEM IS THANK YOU FOR ALL YOU'VE DONE ON YOUR YEARS ON COUNCIL.

IT'S BEEN A PLEASURE WORKING WITH BOTH OF YOU.

AS I SAID AT THE THE LAST TIME, WE AGREED SOMETIMES AND WE DISAGREED OTHER TIMES AND AND THE BUT THEIR HEART AND THEIR HEAD WAS ALWAYS INTO WHATEVER THEY WANTED TO TO, TO RECOMMEND AND,

[00:15:03]

AND THAT'S ALL YOU CAN ASK FOR SOMEBODY ON COUNCIL.

SO I APPRECIATE THE CHANCE TO HAVE WORKED WITH BOTH OF THEM.

TO BILL AND TERESA, AS I'M ABOUT TO LEAVE COUNCIL, IN A FEW MINUTES, I CAN CALL PEOPLE BY THEIR FIRST NAMES NOW, RIGHT. FOR BILL AND TERESA AND BURN AND LINDA, WHO WILL BE REMAIN.

REMAINING HERE AND WHO I'VE WORKED WITH. THANK YOU FOR ALL YOU'VE DONE.

I THINK THE MAYOR SAID IT VERY WELL IN TERMS OF SOME OF THE THINGS THAT WE'VE HAD TO DEAL WITH OVER THE LAST 7 OR 8 YEARS THAT I'VE BEEN ON COUNCIL.

AND THE CHALLENGE IS AND, AND WILL WE'VE BEEN ABLE TO ACCOMPLISH AND I WISH YOU ALL THE BEST IN YOUR CONTINUED SERVICE HERE. AND ON BEHALF OF THE CITY I ALSO WANT TO CONGRATULATE TED AND JOHN AND SCOTT ON THEIR VICTORY IN THE RECENT ELECTION. AND AND WISH THEM ALL THE BEST IN TERMS OF THEIR UPCOMING SERVICE ON THIS COUNCIL AND AND FOR THE CITY.

I ALSO WANT TO TAKE A MINUTE TO RECOGNIZE OUR STAFF, OUR CITY MANAGER, MR. YOUNG PAT RAMOS, MATTHEW, OUR CITY ATTORNEY AND ALL THE DEPARTMENT HEADS AND REALLY ALL THE STAFF BELOW THE DEPARTMENT HEADS THAT WORK AND MAKE THE CITY RUN.

WE HAVE WHAT'S KNOWN AS A COUNCIL MANAGER FORM OF GOVERNMENT, WHICH A LOT OF RESIDENTS, I'VE LEARNED OVER THE YEARS REALLY DON'T FULLY UNDERSTAND OR RECOGNIZE. AND WHAT THAT MEANS IS THAT THE CITY MANAGER'S THE CEO OF THE CITY, AND WE DEPEND ON OUR STAFF TO MAKE THE CITY RUN ON A DAY TO DAY BASIS.

AND WHAT I'VE LEARNED IS WE'RE ALL IMPERFECT HUMAN BEINGS.

NONE OF US GET EVERYTHING RIGHT, WHETHER WE'RE SITTING UP HERE IN THE DAIS OR SITTING OUT THERE WORKING AS STAFF.

BUT OUR STAFF IS BY THE STANDARDS OF MOST LOCAL GOVERNMENTS IN THIS STATE AND THIS NATION, EXTRAORDINARILY TALENTED AND CAPABLE. AND MOST IMPORTANT, THEY CARE.

AND IN MANY ORGANIZATIONS, PRIVATE AND PUBLIC, WHAT YOU FIND IS THAT PEOPLE DON'T CARE OR CARE ENOUGH.

AND THESE FOLKS REALLY CARE ABOUT THEIR JOB. AND THEY'RE DOING AND EVERY DAY.

AND WHAT MAKES IT'S ONE OF THE THINGS THAT MAKES NAPLES A DIFFERENT KIND OF A PLACE.

AND THEN FINALLY, I JUST LIKE TO SAY THANK YOU TO THE CITY OF NAPLES AND AS A WHOLE AND ALL THE RESIDENTS FOR THE OPPORTUNITY TO SERVE OVER THE LAST SEVEN YEARS.

I'M PROUD TO HAVE DONE SO. I'M PROUD ABOUT WHAT WE HAVE ACCOMPLISHED AS A COUNCIL OVER THE LAST SEVEN YEARS, AND I'M PROUD OF WHAT INDIVIDUAL IMPACT AND I'VE BEEN ABLE TO HAVE WITHIN THAT SET OF ACCOMPLISHMENTS.

AND I'M GRATEFUL TO ALL OF YOU AND EVERYBODY ELSE IN THIS CITY FOR THE OPPORTUNITY TO HAVE DONE THIS.

HAVING WORKED IN PUBLIC SERVICE EARLIER IN MY CAREER, NOT AS AN ELECTED OFFICIAL, BUT AS AN A APPOINTED OFFICIAL, A PART OF MANAGEMENT. AND NOW, HAVING DONE THIS, I CAN SAY WITHOUT ANY HESITATION, THAT PUBLIC SERVICE IS ONE OF THE HARDEST JOBS THERE IS. WHETHER YOU'RE WORKING AT THE STAFF LEVEL OR AT THE ELECTED LEVEL.

AND IT'S ONE OF THE MOST DIFFICULT, CHALLENGING AND TOUGHEST JOBS, AND IT'S ALSO ONE OF THE MOST REWARDING.

AND SO I LEAVE HERE TODAY HAVING NO REGRETS AND NO HESITATION OVER THE DECISIONS THAT I'VE MADE TO TO RUN IN THE FIRST PLACE. AND THANK YOU FOR THE OPPORTUNITY TO HAVE BEEN ABLE TO BE HERE OVER THE LAST COUPLE OF TERMS. THANK YOU. VICE MAYOR.

THERE'S SO MUCH TO BE SAID, RIGHT? THERE'S JUST SO MUCH.

AND I HAD TO MAKE A FEW NOTES IN THIS MOMENT TO ENSURE THAT I DIDN'T MISS SOME OF THE KEY STATEMENTS THAT I WANTED TO MAKE.

FIRST, I WANT TO THANK MY WIFE. THIS JOB, THIS OPPORTUNITY TO SERVE TAKE IT CAN TAKE A TOLL ON A FAMILY.

AND SHERRY HASN'T WAVERED, HASN'T COMPLAINED MUCH.

[00:20:03]

AS I SERVE THIS COMMUNITY. NEXT, I WANT TO THANK THIS COUNCIL.

WHEN YOU GO THROUGH AN ELECTION, I MEAN, WHEN YOU FIRST.

COME ON, YOU BELIEVE OUR CITY MANAGER REALLY SAID IT? WELL, YOU HAD AN AGENDA, YOU HAD A PLATFORM, YOU MADE COMMITMENTS TO THE COMMUNITY.

BUT WHEN YOU GET UP HERE AND YOU BEGIN THE HARD WORK, IT'S ABOUT COLLABORATION AND FINDING A WAY TO MAKE IT HAPPEN, RIGHT? AND YOU CAN'T DO IT BY YOURSELF, AS I SAID IN MY PRAYER.

BUT YOU, YOU GET TO KNOW THESE PEOPLE SITTING UP HERE ON THE DAIS AND WE MANAGED TO GET IT DONE.

AND IS IT EASY? NO. DO OTHER COMMUNITIES FALTER AND CHASE AFTER THAT RABBIT THAT BRINGS DIVISION AND GETS IN THE WAY OF DOING THE PEOPLE'S BUSINESS? YEAH. IT HAPPENS. ALL YOU HAVE TO DO IS PICK UP A NEWSPAPER OR GOOGLE, AND YOU CAN SEE COMMUNITIES EVEN CLOSE TO OURS THAT STRUGGLE WITH THIS VERY THING. NOW. AND BY THE WAY, AFTER I GET THROUGH WITH THIS MEETING, I'M GOING TO EXTEND THE TIME BEFORE I HAVE TO SIGN BACK IN TO MY TEXT HERE. THE MAYOR, MAYOR HEITMANN, I APPRECIATE YOU.

YOU'VE YOUR HEART IS IN THE WAY IN WHICH YOU SERVE, AND I APPRECIATE IT.

I SEE WHAT YOU TRY TO DO FOR OUR COMMUNITY, AND I'M GOING TO MISS YOU.

THE CITY ATTORNEY, YOU KNOW, I THINK COUNCILMAN KRISEMAN TALKED A LITTLE BIT ABOUT THE STRUCTURE OF COUNCIL.

THERE ARE THREE DIRECT REPORTS TO ANY ONE OF THE PEOPLE SITTING UP HERE.

THAT'S THE CITY MANAGER, THE CITY ATTORNEY, AND THE CITY CLERK.

THOSE SHOULD BE THE ONLY PEOPLE THAT WE GIVE DIRECTION TO, RIGHT? AND THE CHARTER KIND OF LAYS THAT OUT FOR THE PEOPLE WHO WERE MY DIRECT REPORTS.

YOU GUYS ARE TRUE PROFESSIONALS AND WE'RE FORTUNATE TO HAVE YOU.

YOU HAVE SOME TOUGH WORK, TOUGH DECISIONS TO MAKE.

I'M PROBABLY NOT GOING TO GIVE YOU A PASS ON THOSE TOUGH DECISIONS EVEN AS I'M OFF COUNCIL.

BUT THANK YOU FOR THE OPPORTUNITY TO SERVE AND SERVE WITH YOU.

I'M COMING TO AN END HERE. CITY STAFF. WOW.

THESE GUYS THEY DO THE THEY DO THE VAST MAJORITY OF THE WORK IN THIS CITY TO MAKE THINGS RUN, TO GET THE TRASH PICKED UP THE STREETS CLEANED.

PUT IT ALL TOGETHER AFTER A STORM. GET US THROUGH AN AGENDA.

YOU WON'T BELIEVE SOME OF YOU KNOW, BECAUSE IT'S ALL PUBLIC AND IT'S POSTED OUT THERE FOR YOU TO READ HUNDREDS OF PAGES OF DOCUMENTATION AND READING AND PREPARATION AND TO THE CITY STAFF, IT'S PROBABLY NOT SAID ENOUGH, AND I APOLOGIZE IF I'VE BEEN PART OF THAT, BUT. I VALUE THE WORK THAT YOU'VE DONE OVER THE PAST EIGHT YEARS AND BEYOND.

TO MY CLOSE ADVISORS, WHEN YOU SERVE IN A POSITION LIKE THIS, YOU'RE YOU'RE WELL ADVISED TO HAVE YOUR EARS OPEN AND YOUR MOUTH SHUT. I'VE HAD THE FORTUNATE, THE FORTUNE, THE GOOD FORTUNE OF HAVING SOME OF THE BEST ADVISORS AROUND OUR COMMUNITY.

NOT IN JUST ONE NEIGHBORHOOD, BUT ALL OVER THE COMMUNITY.

AND I DON'T MAKE IT PUBLIC. THAT'S NOT WHAT IT'S ALL ABOUT.

IT'S ABOUT LISTENING AND TRYING TO MAKE SURE THAT I'M IN SYNC, THAT I COLLABORATE WELL AND COMPROMISE AND MAKE THE DECISIONS THAT I THINK WILL SERVE OUR COMMUNITY IN THE LONG TERM.

AND SOMETIMES EVEN THE SMALLEST DECISIONS WILL TURN A SHIP.

AND IN THIS CASE, TURN A COMMUNITY. AND SO I'VE LABORED WITH THOSE DECISIONS.

[00:25:07]

AND THEN FINALLY, FOR THE COMMUNITY. YOU KNOW, IT'S BEEN INTERESTING.

THE MAYOR WENT BACK TO. NO, ACTUALLY IT WAS THE CITY MANAGER WENT BACK TO THE DAYS OF COVID, THE STUFF THAT WE DEALT WITH AS ELECTED OFFICIALS, THE THINGS THAT WE WERE ASKED TO MANDATE, THE DECISIONS ON PROPERTIES BUILDING VARIANCES, ALL THOSE THINGS COME BEFORE US AND FOR THE COMMUNITY. I WANT TO TELL YOU THAT IT HAS BEEN AN HONOR TO SERVE YOU.

I'VE LEARNED A LOT. AND NOW YOU'RE GOING TO HAVE SOME OF THE BEST THAT WE HAVE IN THIS COMMUNITY TO FILL THESE SEATS.

THANK GOD. AND I'VE BLESSED I'VE ASKED FOR GOD'S BLESSINGS ON EVERYONE, THIS COUNCIL, AS WELL AS OUR NEW MEMBERS. AND I'M SINCERE ABOUT THAT. BUT, MADAM MAYOR, I THINK THAT'S ALL I HAVE TO SAY FOR RIGHT NOW.

THANK YOU. THERE WON'T BE A SECOND ROUND. COUNCILWOMAN.

PETRANOFF. OKAY. I WROTE SOME COMMENTS. INSPIRED BY EVERYONE ON THIS DAIS.

IN PARTICULAR, COUNCIL MEMBER BARTON. GOOD MORNING.

MAYOR, COUNCIL MEMBERS, STAFF, FRIENDS AND FELLOW RESIDENTS.

TODAY I'M BEFORE YOU WITH THE FULL HEART. SERVING ON CITY COUNCIL HAS BEEN A GREAT HONOR.

I'M DEEPLY GRATEFUL FOR THE TRUST YOU HAVE PLACED IN ME FOR THE LONG MEETINGS, THE PASSIONATE DEBATES, AND EVEN THE DISAGREEMENTS BECAUSE THEY ALL COME FROM A SHARED LOVE OF THE CITY, ALL OF US.

WE'RE NOT JUST POLICY MAKERS, WE ARE STEWARDS.

WE WERE ELECTED TO PROTECT SOMETHING FRAGILE AND RARE THE CHARACTER, CHARM AND MAGIC OF OUR COMMUNITY.

THE MAGIC DID NOT HAPPEN BY ACCIDENT. IT EXISTS BECAUSE OF GENERATIONS BEFORE US MADE SOME HARD CHOICES.

THEY ADOPTED THOUGHTFUL CODES. MOST RESISTED PRESSURE.

THEY UNDERSTOOD THAT ONCE A SKYLINE CHANGES, ONCE A NEIGHBORHOOD SCALE IS LOST, IT DOES NOT COME BACK.

I WANT TO USE MY FINAL COMMENTS ON THE DAIS TO SPEAK PLAINLY ABOUT SOMETHING THAT WILL DEFINE THIS CITY'S FUTURE OVERDEVELOPMENT.

REDEVELOPMENT IS INEVITABLE AND IS FOR THE MOST PART, WELCOMED.

BUT OVERDEVELOPMENT IS A CHOICE. THERE WILL ALWAYS BE COMPELLING ARGUMENTS ECONOMIC OPPORTUNITY, INCREASED TAX BASE, HOUSING DEMAND, STATE OVERREACH.

THESE PRESSURES ARE REAL, BUT SO IS THE COST OF TRAMPLING OUR CODES.

SO IS THE COST OF ALLOWING DENSITY AND SCALE TO CREEP BEYOND WHAT OUR INFRASTRUCTURE, OUR ROADS, OUR WATERWAYS, AND OUR QUALITY OF LIFE CAN SUSTAIN? THE VALUE OF OUR HOME IS NOT JUST MEASURED IN BUILT SQUARE FOOTAGE.

IT IS MEASURED IN LIGHT VIEWS AND AIR, IN TREE CANOPY AND GREEN SPACES.

IN THE PEACE OF MIND, FROM KNOWING THAT WE LIVE IN A SAFE AND RESILIENT COMMUNITY, IN ARCHITECTURAL HARMONY, IN THE QUIET OF A NEIGHBORHOOD STREET, IN THE HUMAN SCALE OF BUILDINGS THAT DO NOT OVERPOWER BUT INSTEAD BELONG.

LOW DENSITY AND LOWER SCALE DEVELOPMENT ARE NOT ANTI-GROWTH IDEAS.

THEY ARE PRO COMMUNITY PRINCIPLES. OUR ZONING CODES AND OUR COMPREHENSIVE PLAN ARE PROMISES, AND WE'RE GOING THROUGH IT RIGHT NOW. THEY ARE PROMISES MADE TO HOMEOWNERS WHO INVESTED THEIR LIFE SAVINGS HERE, PROMISES TO SMALL BUSINESS OWNERS WHO CHOSE THE CITY BECAUSE IT FEELS DIFFERENT.

PROMISES TO FAMILY WHO WANT SOMETHING OTHER THAN CONGESTION AND CONCRETE.

WE CHIP AWAY AT THOSE CODES, AND WHEN WE DO ONE VARIANCE, ONE HEIGHT EXCEPTION, ONE BAD ADMINISTRATIVE OF INTERPRETATION.

ONE DENSITY BONUS AT A TIME. WE MAY THINK THAT THESE ARE JUST SMALL ADJUSTMENTS, BUT SMALL ADJUSTMENTS ACCUMULATE AND OVER TIME THEY CHANGE THE VERY THING PEOPLE CAME HERE FOR. AND HERE'S SOMETHING WE MUST NOT FORGET.

REAL ESTATE VALUES FOLLOW CHARACTER. PEOPLE PAY A PREMIUM.

AND THIS IS WHAT YOU SAID, BARTON. PAY A PREMIUM TO LIVE IN PLACES THAT FEEL INTENTIONAL, PRESERVED AND PROTECTED.

ONCE WE LOSE THE SENSE OF CARE, ONCE DEVELOPMENT FEELS UNCHECKED AND OUT OF SCALE, CONFIDENCE ERODES.

AND WHEN CONFIDENCE ERODES, SO DO LONG TERM PROPERTY VALUES.

PROTECTING CODES IS NOT ANTI-BUSINESS. IT'S FISCALLY RESPONSIBLE.

MARKET CYCLES RISE AND THEY FALL. DEVELOPERS COME AND GO, BUT RESIDENTS HERE REMAIN.

THE CONSEQUENCES OF EACH DECISION MADE IN THIS CHAMBER OVER THE LAST DECADES LAST FOREVER.

THEY LAST FOR GENERATIONS. WINSTON CHURCHILL SAID WE SHAPE OUR BUILDINGS, THEREAFTER THEY SHAPE US.

[00:30:07]

SO I URGE FUTURE COUNCILS THAT ARE SITTING BEFORE ME HOLD THE LINE.

IF OUR COMPREHENSIVE PLAN SAYS LOW DENSITY, HONOR IT.

IF OUR CODE SAYS SETS A HEIGHT LIMIT, RESPECT IT.

IF A PROJECT TECHNICALLY FITS BUT CLEARLY OVERWHELMS ITS SURROUNDINGS, HAVE THE COURAGE TO SAY NO.

SMART GROWTH MEANS THOUGHTFUL GROWTH. IT MEANS REDEVELOPMENT THAT ENHANCES RATHER THAN DOMINATES.

IT MEANS INVESTING IN WHAT MAKES US UNIQUE, NOT TURNING OURSELVES INTO YET ANOTHER OVERBUILT COASTAL TOWN WITH GRIDLOCKED TRAFFIC, OVERCROWDED BEACHES AND PERPETUAL WATER SHORTAGES.

BECAUSE ONCE WE LOOK LIKE EVERYONE ELSE, WE COMPETE WITH EVERYONE ELSE.

AND WE'RE BETTER THAN THAT TO OUR RESIDENTS. STAY ENGAGED.

READ THE AGENDAS. SHOW UP. YOUR VOICE MATTERS MORE THAN YOU THINK.

THE FUTURE OF THE CITY WILL NOT BE DECIDED IN A SINGLE DRAMATIC VOTE.

IT WILL BE SHAPED INCREMENTALLY, FOR BETTER OR FOR WORSE.

MEETING BY MEETING. TO MY COLLEAGUES AND TO CITY STAFF.

THANK YOU FOR YOUR SERVICE. THIS WORK IS NOT EASY.

IT REQUIRES BALANCING COMPETING INTERESTS AND ABSORBING CRITICISMS FROM ALL SIDES.

BUT ALWAYS REMEMBER WHO YOU SERVE, THE RESIDENTS AND THE LONG TERM HEALTH OF THIS COMMUNITY.

YES, OUR RESIDENTS WHO APPEAR AT THE TOP OF THE ORGANIZATION CHART IN OUR CITY'S ANNUAL REPORT EVERY YEAR.

THEY ARE OUR NORTH STAR. I LEAVE THIS SEAT CONFIDENT THAT THE VALUES WE HAVE DEFENDED ALL OF US.

SCALE, CHARACTER, STEWARDSHIP AND RESPECT FOR OUR CODES WILL CONTINUE TO GUIDE THIS CITY IF ITS CITIZENS DEMAND IT.

THIS PLACE IS SPECIAL. ITS MAGIC IS REAL. BUT MAGIC MUST BE PROTECTED.

AND WE ARE ALL ON THE FRONT LINE. AND MAY WE ALWAYS CHOOSE PRESERVATION OVER PRESSURE.

VISION OVER EXPEDIENCE AND COMMUNITY OVER SHORT TERM GAIN.

THANK YOU FOR FOR ALLOWING ME TO SERVE. IT'S BEEN A GREAT HONOR.

AND TO THE COMMUNITY, THESE ARE THE PEOPLE THAT YOU TRUSTED AND ELECTED.

AND I COULDN'T BE MORE PROUD TO HAVE SERVED WITH THEM.

WITH THAT, IF YOU'D LIKE TO OPEN THE SMALL TOKEN THAT WE ARE GIVING YOU FOR YOUR SERVICE, I WOULD SAY THAT ALL THREE OF YOU ARE TIMELESS. IT IS TICKING. YES.

LOOK AT THAT TWICE A DAY. YES, MR. MCCONNELL.

THANK YOU. MAYOR. I JUST WANT TO SAY A FEW WORDS.

SO I'VE SAID IT BEFORE, BUT I WILL ALWAYS HAVE A SPECIAL PLACE FOR THIS COUNCIL IN MY HEART BECAUSE YOU GUYS TOOK A CHANCE ON ME AND OUR.

AND OUR FIRM IS IS FOREVER GRATEFUL FOR THE OPPORTUNITY TO REPRESENT THIS BEAUTIFUL CITY.

AND I'LL END IT WITH THIS. YOU KNOW, EARLY ON IN LIFE, I LEARNED THAT LIFE IS ABOUT RELATIONSHIPS.

AND WE'VE BUILT THOSE RELATIONSHIPS THROUGH CONVERSATIONS, MEETINGS.

I UNDERSTAND THE PUBLIC SEES US FOR, YOU KNOW, 20 HOURS A MONTH ON CAMERA.

BUT THERE'S A LOT OF WORK THAT GOES ON BEHIND THE SCENES.

AND THOSE RELATIONSHIPS WILL LIVE ON FOREVER. SO I JUST APPRECIATE YOU ALL, AND I WISH YOU WELL.

THANK YOU. OKAY. WITH THAT WE WILL GO TO ITEM

[3.B) Canvassing Board Certification.]

MEMBERS OF COUNCIL. COUNCIL MEMBERS ELECT CITY STAFF, FAMILIES AND MEMBERS OF THE PUBLIC THAT ARE JOINING US TODAY.

ITEM THREE B ON TODAY'S AGENDA IS THE CANVASING BOARD CERTIFICATION, FOLLOWED BY THE DECLARATION OF WINNERS AND SWEARING IN OF THE COUNCIL MEMBERS ELECT.

FOR THE RECORD, I'M PATRICIA RAMBUSCH, OUR CITY CLERK AND THE CITY'S CHIEF ELECTION OFFICIAL FOR THIS GENERAL ELECTION.

I HAD THE HONOR OF SERVING ON THE CANVASING BOARD ALONGSIDE MAYOR HEITMANN AND OUR APPOINTED CITY ELECTOR, JUDGE CHRISTINE GRIDER. ON BEHALF OF THE CITY, I WOULD LIKE TO EXTEND OUR SINCERE APPRECIATION TO JUDGE GRIDER FOR HER TIME AND SERVICE AND DEDICATING TO FULFILL THIS VERY IMPORTANT ROLE.

BEFORE I READ THIS CERTIFICATE OF THE CANVASING BOARD INTO THE RECORD, I WOULD ALSO LIKE TO TAKE AN OPPORTUNITY TO EXPRESS MY GRATITUDE TO THE CITY CLERK STAFF

[00:35:02]

THEIR PROFESSIONALISM, DILIGENCE AND COMMITMENT WERE ESSENTIAL TO ENSURING ENSURING A SMOOTH AND SUCCESSFUL ELECTION ON BEHALF OF THE CITY. I WOULD ALSO LIKE TO THANK MELISSA BLAZIER, OUR SUPERVISOR OF ELECTIONS, KEVIN TURNER, CHIEF DEPUTY MADELINE MINTON, ADMINISTRATIVE SERVICES MANAGER.

OF COURSE, THEIR IT TEAM, ALL THE STAFF AND ESPECIALLY THE POLL WORKERS FOR THEIR METICULOUS WORK IN CONDUCTING THIS ELECTION.

I AM PLEASED TO REPORT THAT THE MANUAL AUDIT WAS 100% ACCURATE.

FINALLY, I PREVIOUSLY COMMITTED TO CITY COUNCIL THAT WE WOULD IMPLEMENT THE MOST COMPREHENSIVE VOTER OUTREACH EFFORT IN THE CITY'S HISTORY TO ADDRESS HISTORICALLY LOW VOTER TURNOUT, PARTICULARLY DURING EARLY VOTING, WHICH SAW APPROXIMATELY 1000 VOTERS IN THE PRIOR STAND ALONE ELECTION. IN RESPONSE, THE CITY LAUNCHED A DEDICATED ELECTION WEBSITE, MAILED AN INFORMATIONAL FLIER TO ALL REGISTERED VOTERS LAST NOVEMBER, PUBLISHED MONTHLY NEWSLETTER MESSAGES, ISSUED EIGHT SOCIAL MEDIA POSTS, SENT FIVE TARGETED EMAIL COMMUNICATIONS, AND POSTED PUBLIC NOTICES TO ENSURE VOTERS WERE INFORMED, ENGAGED AND PREPARED FOR ALL REGISTRATION AND VOTING DEADLINES.

WE ALSO WANT TO THANK OUR COMMUNICATIONS DIVISION, MONIQUE BARNHART AND ALEXIS MCNEELY, FOR THEIR COORDINATION AND SUPPORT IN AMPLIFYING THE MESSAGING ACROSS MULTIPLE PLATFORMS. IN ADDITION, THE SUPERVISOR OF ELECTIONS OFFICE ALSO PROVIDED A SEPARATE DEDICATED INFORMATIONAL WEBSITE. ISSUED TEN PRESS RELEASES, THREE PUBLIC NOTICES, BLOG POSTS, NEWSLETTERS, 18 SOCIAL MEDIA POSTS WITH SEVEN VIDEOS, AND TWO DIRECT EMAILS PROMOTING EARLY VOTING.

COLLECTIVELY, THIS OUTREACH, COMBINED WITH VOTER ENGAGEMENT EFFORTS BY OUR CANDIDATES, RESULTED IN AN INCREASE IN VOTER TURNOUT FROM 26% TO 38% COMPARED TO THE LAST CITY ELECTION HELD SOLELY TO ELECT THREE COUNCIL MEMBERS.

THE SUPERVISOR OF ELECTIONS HAS INDICATED THAT THIS REPRESENTS A STRONG TURNOUT VOTE BY MAIL.

PARTICIPATION ALSO INCREASED AND IS EXPECTED TO CONTINUE TRENDING UPWARD, FURTHER IMPROVING ACCESSIBILITY FOR OUR RESIDENTS.

AT THIS TIME, I WILL READ THE CERTIFICATE OF THE CITY OF NAPLES CANVASING BOARD INTO THE RECORD.

WE, THE UNDERSIGNED, PAT RAMBAU, CITY CLERK TERESA HEITMAN, MAYOR, AND CHRISTINE GRIDER, CITY ELECTOR, CONSTITUTING THE BOARD OF CITY CANVASSERS IN AND FOR THE CITY OF NAPLES, DO HEREBY CERTIFY THAT WE MET ON FEBRUARY 5TH, 2026, AND PUBLICLY CANVASED THE VOTES FOR THE FEBRUARY 3RD, 2026 ELECTION, AS SHOWN BY THE RETURN ON FILE IN THE OFFICE OF THE CITY CLERK FOR THE CITY OF NAPLES. THE INSTRUCTIONS TO THE VOTERS WERE.

VOTE FOR UP TO THREE. THE TOTAL NUMBER OF BALLOTS CAST FOR CITY COUNCIL WAS 6265.

DAN BARONE RECEIVED 2235 VOTES. TED BLANKENSHIP RECEIVED 2960 VOTES.

RAY CHRISMAN RECEIVED 2260 VOTES. JOHN JAY KROL RECEIVED THOUSAND 381 VOTES.

JOHN A LANGLEY RECEIVED 1638 VOTES. SALLY PETERSEN RECEIVED 2083 VOTES.

SCOTT SCHULTZ RECEIVED 2364 VOTES. PENNY TAYLOR RECEIVED 1566 VOTES.

WE CERTIFY THAT PURSUANT TO SECTION 102.112 FLORIDA STATUTES, THE CANVASING BOARD HAS COMPARED THE NUMBER OF PERSONS WHO VOTED WITH THE NUMBER OF BALLOTS COUNTED, AND THAT THE CERTIFICATION INCLUDES ALL VALID VOTES CAST IN THE ELECTION.

SIGNED PAT RAMBO, CITY CLERK TERESA HEITMANN, MAYOR CHRISTINE GRIDER, CITY ELECTOR.

[3.C) Declaration of Winners and Swearing-in of Council Members.]

THE OATH OF OFFICE THAT WE WILL USE TODAY COMES FROM THE FLORIDA CONSTITUTION UNDER ARTICLE TWO, SECTION FIVE, AND IT IS A REQUIREMENT PURSUANT TO OUR FLORIDA CONSTITUTION, THAT THIS OATH BE FOLLOWED BY EACH OFFICER BEFORE ENTERING INTO THE DUTIES OF OFFICE, IN ACCORDANCE WITH THE OFFICIAL CERTIFICATION.

[00:40:01]

COUNCIL MEMBER. SPEAKER. CLEARLY AN OPPORTUNITY.

FOR FIVE. I. DO SOLEMNLY SWEAR THAT I WILL SUPPORT, PROTECT AND DEFEND. I WILL SUPPORT, PROTECT AND DEFEND THE CONSTITUTION, THE CONSTITUTION AND GOVERNMENT OF THE UNITED STATES GOVERNMENT, UNITED STATES AND THE STATE OF FLORIDA AND THE STATE OF FLORIDA THAT I AM DULY QUALIFIED TO HOLD OFFICE.

UNDER THE CONSTITUTION OF THE STATE. CONSTITUTION OF THE STATE, AND THAT I WILL WELL AND FAITHFULLY, AND I WILL PERFORM THE DUTIES, PERFORM THE DUTIES OF COUNCILMAN COUNCIL MEMBER OF WHICH I AM ABOUT TO ENTER.

SO HELP ME GOD. SO HELP ME GOD. CONGRATULATIONS AND WELCOME TO YOUR SERVICE TO THE CITY OF NAPLES.

THANK YOU. AND MRS. HRABOWSKI, THANK YOU. BECAUSE RUNNING AN ELECTION IS NOT EASY.

AND I'M GLAD YOU RECOGNIZED YOUR OFFICE AND THE SUPERVISOR OF ELECTIONS, MELISSA BLAZIER, AND ALL OF HER STAFF WHO WENT THROUGH THE LARGEST PRECINCT AS A HAND UP.

VISUAL COUNT TO VERIFY THE VOTE MANUALLY. SO THERE ARE A LOT OF PEOPLE BEHIND THE SCENES, BUT CONGRATULATIONS. AND WITH THAT, WE WILL TAKE A RECESS FOR HALF AN HOUR AND JOIN US FOR A SOCIAL OUTSIDE ON THE PATIO. THANK YOU. OKAY, WE'RE BACK FROM OUR SHORT RECESS. WE'RE CONTINUING ON WITH ITEM FIVE.

[5) ROLL CALL]

BURTON HERE. COUNCIL MEMBER. BLANKENSHIP HERE.

COUNCIL MEMBER. KRAMER HERE. COUNCIL MEMBER. KRULL HERE.

COUNCIL MEMBER. PENMAN HERE. COUNCILMEMBER. SCHULTZ, PRESENT.

MAYOR HAGAN HERE. THANK YOU. MR. YOUNG, SETTING THE AGENDA.

[6) SET AGENDA (add or remove items)]

THERE WAS THE AGENDA, A MEMORANDUM INTRODUCING IT AND THE RESOLUTION WITH THE EXHIBIT.

AND THAT'LL BE ALL. MAYOR. OKAY. THANK YOU. DID YOU HAVE SOMETHING? MR.. WELL, I JUST WANT TO REMIND COUNCIL THAT WE DO HAVE TWO SCHEDULED EXECUTIVE SESSIONS TO BEGIN AT 1230.

THANK YOU MA'AM. THANK YOU. OKAY. COUNCIL. ANY CHANGES TO THE AGENDA? YES. COUNCIL MEMBER. KRAMER. MAYOR. IF I MAY OUT OF RESPECT TO PETITIONER, SIT IN THE AUDIENCE WITH LAND USE ITEMS AND COMMENTS.

I'D LIKE TO MOVE. IF WE CAN GET CONSENSUS. THAT ITEM THAT OUR CITY MANAGER JUST TALKED ABOUT.

ITEM EIGHT A TO THE END OF THE MEETING AND MAKE IT ITEM 17 G.

AND LET THESE FOLKS GET OUT HERE AS QUICKLY AS POSSIBLE, UNLESS THEY WANT TO HANG OUT FOR THAT, THAT'S FINE TOO. I DON'T HAVE AN ISSUE WITH THAT, BUT IT IS ABOUT SETTING THE TONE FOR OUR MEETINGS. SO WHAT MOVING IT TO JUST TO THE END, IT WOULD HAVE BEEN BEEN 18 OR 17 FROM ADA TO 17, JUST BECAUSE IT'S EASY TO PUT IT IN THERE.

WELL, THOSE ARE TIME CERTAIN. THOSE ARE EXECUTIVE SESSIONS SO THAT YOU DON'T WANT TO DO IT.

YOU WANT TO COME BACK AFTER EXECUTIVE SESSION? THAT'S OKAY. THAT'S FINE. MAYOR. AND WE'LL BE COMING BACK ANYWAY TO READ THE ANNOUNCEMENT OF THE EXECUTIVE SESSION SO WE COULD DO IT THERE.

[00:45:01]

OKAY. YES. ANY OTHER CHANGES? DO I HAVE A MOTION? SETTING THE AGENDA. MOTION TO APPROVE THE AGENDA WITH ONE CHANGE WHEREBY WE ARE GOING TO MOVE ITEM EIGHT A TO THE END OF THE AGENDA AS IT STANDS. DOES THAT WORK FOR YOU AFTER THE EXECUTIVE SESSION? 17 F. SECOND. IS THAT CORRECT? YES. OKAY. OKAY.

ALL RIGHT. I HAVE A MOTION BY COUNCIL MEMBER PENMAN AND A SECOND BY COUNCIL MEMBER CRAMER.

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

COUNCIL. THAT TAKES US TO ITEM SEVEN. SEVEN A MISS RAMOS.

[7.A) Election of Vice Mayor, Appointment of Community Redevelopment Agency (CRA) Chair and Vice Chair; and Appointment of City Council Members to Various Boards and Committees.]

WE WILL BEGIN WITH THE ELECTION OF THE VICE MAYOR.

SECTION 2.4 OF THE CHARTER PROVIDES THAT AT THE FIRST REGULAR MEETING FOLLOWING EACH GENERAL ELECTION, CITY COUNCIL IS TO ELECT A VICE MAYOR WHO WILL, IN THE ABSENCE OR DISABILITY OF THE MAYOR, HAVE ALL OF THE POWERS AND PREROGATIVES AND SHALL PERFORM ALL THE DUTIES OF THE MAYOR.

THIS IS FOR A TWO YEAR TERM EXTENDING TO THE FIRST REGULAR MEETING FOLLOWING THE NEXT GENERAL ELECTION.

THE PROCESS FOR THE ELECTION OF THE VICE MAYOR IS PURSUANT TO SECTION 13 OF THE COUNCIL'S RULES OF PROCEDURE, WHICH STATES AND I DON'T NEED TO READ AT THE REGULAR MEETING AGAIN, BUT THE MAYOR WILL CALL FOR NOMINATIONS.

FOR VICE MAYOR, NOMINATIONS DO NOT REQUIRE A SECOND.

THE MAYOR MAY NOMINATE A COUNCIL MEMBER. NOMINATION SHOULD REMAIN OPEN UNTIL THERE ARE NO FURTHER NOMINATIONS.

A NOMINEE MAY DECLINE THE NOMINATION, AND COUNCIL MEMBERS MAY DISCUSS THE NOMINATIONS.

WHEN NO FURTHER NOMINATIONS ARE FORTHCOMING, THE MAYOR WILL CLOSE THE NOMINATIONS.

IF MORE THAN ONE COUNCIL MEMBER HAS BEEN NOMINATED, A BALLOT SHALL BE PREPARED WITH ALL NOMINATED COUNCIL MEMBERS AND A VOTE TAKEN, THE COUNCIL MEMBER RECEIVING THE MOST VOTES SHALL BE ELECTED TO SERVE AS VICE MAYOR.

IN THE EVENT OF A TIE VOTE, A SECOND VOTE WILL BE TAKEN OF THE TWO HIGHEST SCORING COUNCIL, MEMBERS AND THE COUNCIL MEMBER WITH THE MOST VOTES WILL BE ELECTED TO SERVE AS VICE MAYOR.

SO MAYOR, IT'S ALSO JUST SO THAT I HAVE AN UNDERSTANDING OF THE CHAIRS OF THE COMMITTEE OF THE COMMITTEES, WE'LL THEN GO INTO APPOINTING FOR BOARDS AND COMMITTEES.

YES. SO AFTER THE VICE MAYOR, WE WILL THEN GO TO APPOINTING THE CHAIR FOR THE CRA AND VICE CHAIR FOR THE CRA.

OKAY. AND THEN THEN TO APPOINT POSITIONS FOR ALL THE OTHER BOARD AND COMMITTEES THAT ARE LISTED IN THE AGENDA MEMO.

OKAY. AND THEN MR. RAMOS, AS WE SPOKE THERE THAT IF YOU ARE ON THE COMMITTEE OR BOARD AND YOU WISH TO REMAIN ON IT, YOU CAN MAKE THAT STATEMENT.

IF NOT, THEN, IF YOU WOULD LIKE TO GO TO AND I HAVE PARTICULAR DETAILS TO READ WHEN WE GET TO THAT PART.

SO IF YOU WANT ME TO DO THAT LATER. SO NOT TO CONFUSE IT.

THAT'D BE FINE. I JUST WANT TO MAKE SURE THAT THAT'S THE PROCESS IN WHICH WE'RE GOING.

YES, I WILL BE MAKING MENTION OF THAT. OKAY. WITH THAT COUNCIL VICE MAYOR IS VERY IMPORTANT.

POSITION. THERE'S ONE PERSON I'M GOING TO PUT OUT NOMINATION THAT HAS BEEN A LONG STANDING MEMBER TO THIS COUNCIL AND HAS BEEN A VITAL PART OF THE COMMUNITY IN MANY DIFFERENT WAYS MAINLY FOCUSING IN ON OUR ENVIRONMENT AND PROTECTING OUR NATURAL RESOURCES. THIS PERSON WHEN I WAS OFF OF COUNCIL FOR FOUR YEARS, CAME TO ME AND ASKED IF I WOULD RUN FOR MAYOR.

AND I WAS VERY CLEAR THAT THE ONLY REASON OR WAY I WOULD RUN FOR MAYOR IS THAT I HAD MEMBERS OF COUNCIL THAT HAD THE SAME THOUGHT, PROCESS AND COMMITMENT TO THE COMMUNITY AS I DID, AND NOT THAT THEY WOULD VOTE MY WAY, BUT THAT THEY WOULD HAVE THE SAME COMMITMENT THAT I HAVE TO THE COMMUNITY.

AND THAT PERSON WAS ON COUNCIL RESPECTFULLY RESIGNED TO PUT HER PROPER PLACE IN TAKING CARE OF HER HUSBAND, WHO WAS ILL, AND HAS ALSO COME BACK AND SERVED THE CITY AS A COUNCIL MEMBER AND IN MANY DIFFERENT ASPECTS.

[00:50:08]

SO I NOMINATE COUNCIL MEMBER PENNIMAN. THANK YOU.

MAYOR. THANK YOU. THANK YOU VERY MUCH. DO I HAVE ANY OTHER NOMINATIONS? MAYOR. I WHILE I CERTAINLY DO RESPECT THE MAYOR'S NOMINATION COUNCILMAN SHE'S WONDERFUL AND VERY QUALIFIED.

QUICK QUESTION. PROCEDURALLY SPEAKING CANNOT HOLD A CHAIR OR AND VICE MAYORSHIP AT THE SAME TIME, IS THAT CORRECT? I DON'T SAME PERSON. MATTHEW, CAN YOU ANSWER THAT? BECAUSE I DON'T I DON'T THINK THERE'S ANYTHING.

IS THERE NOTHING FORMAL? I THOUGHT THERE'S NOTHING FORMAL PROHIBITING THAT.

I DON'T KNOW IF IT'S HAPPENED IN THE PAST, BUT THERE'S NOTHING IN THE RULES THAT PREVENTS SOMEONE FROM SERVING AS VICE MAYOR AND THE CRA CHAIR.

OKAY, I THANK YOU FOR CLARIFYING THAT. THE REASON I ASK IS BECAUSE I'M JUMPING THE GUN HERE, BUT IT'S GOING TO BE MY INTENT TO NOMINATE A COUNCILMAN TO THE CRA CHAIR.

SO THAT'S WHY I WAS ASKING THOSE QUESTIONS. JUST TO GIVE YOU A LITTLE CONTEXT MY MY NOMINATION FOR VICE MAYOR IS GOING TO BE COUNCILMAN KRAMER.

I THINK IT'S IMPORTANT THAT WE YOU KNOW, WE AS A COUNCIL, WE NEED TO MAINTAIN SOME CONTINUITY AND AND HAVE SOMEONE UP SITTING IN THAT, IN THAT POSITION. THAT'S, THAT'S BEEN HERE FOR THE LAST TWO YEARS. WE AS A COUNCIL HAVE HAD SOME CHANGES FROM A PRIORITY STANDPOINT.

WE'VE HAD SOME CHANGES WITH OUR DIRECTION AS A COUNCIL.

ALL GOOD. AND WE WERE ALL PULLING THE SAME DIRECTION.

BUT IT IS DIFFERENT THAN THAN IT WAS A WHILE BACK.

AND IT'S IMPORTANT THAT WE HAVE SOMEONE THAT'S BEEN HERE THAT'S BEEN A PART OF THAT THAT EQUATION FOR THE LAST TWO YEARS. ALSO, SOMEONE THAT UNDERSTANDS OUR MAYOR AND HOW OUR MAYOR OPERATES AND HOW SHE RUNS THE MEETINGS.

I THINK IT'S IMPORTANT TO HAVE THAT THAT THAT PERSON IN THE VICE MAYOR POSITION AS AS A PARTICIPANT IN THE PROCESS OF RUNNING THE MEETING MEETINGS ALONG WITH THE MAYOR. SO WITH THAT SAID, AND I CAN'T THINK OF SOMEBODY, ANYBODY BETTER QUALIFIED THAN THAN COUNCILMAN KRAMER.

SO WITH THAT, I'M GOING TO I'M GOING TO NOMINATE COUNCILMAN KRAMER FOR VICE MAYOR.

OKAY. ARE THERE ANY FURTHER NOMINATIONS? YES, I'D LIKE TO MAKE ONE.

I'D LIKE TO NOMINATE TED BLANKENSHIP FOR VICE MAYOR.

OKAY. ANY FURTHER? OKAY. MADAM CLERK, YOU'LL FILL A BALLOT FORM? YES. WE WILL COMPLETE A BALLOT WITH COUNCIL MEMBER PENMAN COUNCIL MEMBER KRAMER AND COUNCIL MEMBER BLANKENSHIP.

AND WE JUST NEED A FEW SHORT MINUTES BEFORE WE PRINT THAT OUT FOR YOU.

AND THEN YOU'LL ALL VOTE INDIVIDUALLY AT THE DAIS.

I'LL COLLECT YOUR VOTE, AND THEN I'LL INPUT THEM ON THE SCREEN TO SEE THE RESULTS.

OKAY.

JUST GET OUT.

THANK YOU.

JUST TO BE CLEAR, WE'RE VOTING FOR ONE. ONE VOTE EACH.

ONE PERSON. CLARIFICATION. COUNCIL. YOU'LL VOTE FOR ONE PERSON.

OKAY.

[00:55:05]

THANK YOU. AS I GO THROUGH THE BALLOTS, I'LL READ THEM INTO THE RECORD AND INPUT THEM INTO THE MASTER BALLOT. COUNCIL MEMBER. SCHULTZ. TED. BLANKENSHIP.

ANYBODY? NO. JUST.

COUNCIL MEMBER. BLANKENSHIP. COUNCIL MEMBER. BLANKENSHIP.

COUNCIL MEMBER PENNIMAN. COUNCIL MEMBER PENNIMAN.

COUNCIL MEMBER. MAYOR HEITMANN. COUNCIL MEMBER PENNIMAN.

COUNCIL MEMBER KRAMER. COUNCIL MEMBER KRAMER.

COUNCIL MEMBER BARTON. COUNCIL MEMBER KRAMER.

COUNCIL MEMBER KROLL. COUNCIL MEMBER BLANKENSHIP.

OKAY. ACCORDING TO THE BALLOT, WE HAVE THREE VOTES FOR COUNCIL MEMBER BLANKENSHIP, TWO FOR COUNCIL MEMBER KRAMER AND TWO FOR COUNCIL MEMBER PENNIMAN.

I'M SORRY, MISS, I COULDN'T HEAR YOU. ACCORDING TO THE COLLECTIVE BALLOTS, WE HAVE THREE VOTES FOR COUNCIL MEMBER BLANKENSHIP, TWO VOTES FOR COUNCIL MEMBER KRAMER, AND TWO VOTES FOR COUNCIL MEMBER PENNIMAN.

OKAY. SO THAT AFFIRMS THE VOTE. DO I HAVE A MOTION TO CONFIRM? MOTION TO CONFIRM THAT TED BLANKENSHIP IS NOW THE NEWLY ELECTED VICE MAYOR.

SUPPORT SECOND. I HAVE A SECOND BY COUNCILMEMBER KRAMER MAYOR REAL QUICK BEFORE.

I THINK WE NEED TO ACTUALLY STATE THE TWO YEAR TERM COMMENCING.

I WAS GOING TO GET THAT. OKAY. SO I'M NOT SURE.

MATTHEW, IF WE NEED TO CERTIFY THE BALLOT FIRST LIKE WE DO PREVIOUSLY, OR DO WE JUST GO TO THE ELECTION? WE CAN DO EITHER ONE. SO A MOTION TO CERTIFY THE BALLOT, AND THEN WE CAN JUST ELECT FOR THE TWO YEAR TERM COMMENCING TODAY.

WELL, I HAVE A MOTION AND A SECOND. SO, MADAM CLERK, PLEASE PULL THE COUNCIL.

COUNCIL MEMBER. BLANKENSHIP. YES. COUNCIL MEMBER.

BARTON. YES. COUNCIL MEMBER. CRAMER. YES. COUNCIL MEMBER.

KRULL. YES. COUNCIL MEMBER. PENMAN. YES. COUNCIL MEMBER.

SCHULTZ. YES. MAYOR. HARTMAN. YES. THANK YOU.

COUNCIL PASSES UNANIMOUSLY. MRS. AND THEN THE NEXT MOTION WOULD BE TO ELECT COUNCIL MEMBER BLANKENSHIP AS VICE MAYOR FOR A TWO YEAR TERM COMMENCING FEBRUARY 18TH, 2026. I MAKE A MOTION TO ELECT COUNCIL MEMBER BLANKENSHIP TO A TWO YEAR TERM COMMENCING WHAT DAY TODAY? FEBRUARY 18TH. FEBRUARY 26TH, 2026. THANKS.

SECOND. I HAVE A MOTION BY COUNCIL MEMBER CRAMER AND A SECOND BY COUNCIL MEMBER BARTON.

MADAM. CLERK. COUNCIL. COUNCIL MEMBER. SCHULTZ.

YES. COUNCIL MEMBER. PENMAN. YES. COUNCIL MEMBER.

BLANKENSHIP. YES. COUNCIL MEMBER. BARTON. YES.

COUNCIL MEMBER. CRAMER. YES. COUNCIL MEMBER. KRULL.

YES. MAYOR. HARTMAN. YES. THANK YOU. COUNCIL PASSES UNANIMOUSLY.

COUNCIL MEMBER. BLANKENSHIP. IF YOU'LL GO TO THE.

THANK YOU FOR THE VOTE OF CONFIDENCE. IF YOU'D JUST LIKE TO COME RIGHT BACK DOWN HERE, WE'LL PRETTY MUCH DO THE SAME OATH.

EXCEPT FOR VICE MAYOR. I

[01:00:08]

THE CONSTITUTION AND THE GOVERNMENT OF THE UNITED STATES AND THE STATE OF FLORIDA THAT I AM DULY QUALIFIED TO HOLD OFFICE. UNDER THE CONSTITUTION OF THE STATE.

AND THAT I WILL WELL AND FAITHFULLY. PERFORM THE DUTIES OF VICE MAYOR ON WHICH I AM ABOUT TO ENTER. SO HELP ME GOD. CONGRATULATIONS.

ONE MORE TIME. MAYOR, IF WE COULD, I'D LIKE TO SHIFT CHAIRS WITH MR. BLANKENSHIP.

NORMALLY, THE VICE CHAIR AND VICE MAYOR WOULD SIT HERE.

OKAY. THANK YOU. AND WHILE THEY'RE SWITCHING SEATS, I'LL JUST SAY I DIDN'T FINISH MY COMMENTS.

THAT WHEN COUNCIL MEMBER WHO WASN'T ON COUNCIL AT THE TIME, ASKED ME TO RUN FOR MAYOR, I SAID TWO PEOPLE THAT I CAN'T BUY THEIR VOTES. I JUST WANT THEM TO BE CARE, MIND ABOUT THE CITIZENS AND THE PUBLIC AND REPRESENT THEM.

THAT'S ALL I NEED. AND HE SHE INTRODUCED ME TO FORMER VICE MAYOR AND COUNCIL MEMBER MCCABE AND TO FORMER COUNCIL MEMBER AND NOW VICE MAYOR BLANKENSHIP.

SO THANK YOU, COUNCIL MEMBER, FOR ALWAYS HAVE GOOD WISDOM.

ENABLES ME TO DO WHATEVER IT TAKES. THANK YOU.

OKAY, MRS. HRABOWSKI. THE NEXT ITEM IS TO APPOINT A CHAIR AND A VICE CHAIR TO THE CRA SECTION 163 .35 63C OF THE FLORIDA STATUTES PROVIDES THAT THE GOVERNING BODY OF THE COUNTY OR MUNICIPALITY SHALL DESIGNATE A CHAIR AND VICE CHAIR FROM AMONG ITS MEMBERS.

IN ADDITION, THE BYLAWS OF THE CRA REQUIRE CITY COUNCIL TO DETERMINE THE CHAIR AND VICE CHAIR AFTER CITY COUNCIL MEMBERS ASSUME THE DUTIES OF OFFICE AFTER ELECTION YEARS. IN ACCORDANCE WITH THE BYLAWS OF THE CRA.

OFFICERS SHALL SERVE FOR TWO YEAR TERMS. ANY OFFICER OTHERWISE ELIGIBLE FOR REAPPOINTMENT TO AN OFFICE SHALL NOT BE PROHIBITED FROM SUCCEEDING HIMSELF OR HERSELF IN THAT OFFICE, AND THAT ALSO THESE ELECT OR THESE APPOINTMENTS WILL BE CONDUCTED IN THE SAME MANNER AS WE JUST DID FOR VICE MAYOR, WHERE WE'LL HAVE MOTIONS, BUT THEY DO NOT NEED TO BE SECONDED.

OKAY. COUNCIL. WE ARE AT THE ELECTION OF THE CHAIR FOR THE CRA.

DO I HAVE ANY NOMINATIONS? YES. PARDON? I WILL MAKE MY PREVIOUS COMMENT FORMAL AND FORMALLY NOMINATE COUNCILMAN PENNIMAN TO ELEVATE HER FROM VICE CHAIR TO CHAIR FOR THE CRA.

THANK YOU. I HAVE A NOMINATION FOR COUNCIL MEMBER PENNIMAN.

DO I HAVE VICE MAYOR? THANK YOU. I'D LIKE TO NOMINATE SCOTT SCHULTZ.

OKAY. I HAVE ANY FURTHER NOMINATIONS? OKAY. THAT CLOSES THE NOMINATIONS.

MADAM CLERK, I HAVE. THANK YOU. WE HAVE COUNCIL MEMBER PENNIMAN.

AND COUNCIL MEMBER SCHULTZ WILL BE PREPARING A BALLOT FOR DISTRIBUTION IN JUST A MINUTE.

THANK YOU.

OH. WE ACTUALLY SAW THAT. AND.

THANK YOU. THANK YOU. THANK YOU.

[01:05:21]

THANK YOU. THANK YOU.

COUNCIL MEMBER.

EASTER. COUNCIL MEMBER. PENNIMAN, COUNCIL MEMBER PENNIMAN AND COUNCIL MEMBER SCHULTZ.

COUNCIL MEMBER. SCHULTZ. THE BALLOT MEASURE REFLECTS LINDA PENNIMAN WITH FIVE TOTAL VOTES AND SCOTT SCHULTZ WITH TWO TOTAL VOTES.

WE COULD HAVE A MOTION TO CERTIFY THAT BALLOT PRIOR TO APPOINTING THE CHAIR.

I MOVE THAT WE CERTIFY THE BALLOT AND ELECT LINDA PENMAN AS CHAIR OF THE CRA.

SECOND. OKAY, I HAVE A MOTION BY VICE MAYOR AND A SECOND BY COUNCIL MEMBER CRAMER.

MADAM CLERK, PLEASE PULL THE COUNCIL. VICE MAYOR.

BLANKENSHIP. YES. COUNCIL MEMBER. KRULL. YES.

COUNCIL MEMBER. BARTON. YES. COUNCIL MEMBER. KRAMER.

YES. COUNCILMEMBER. SCHULTZ. YES. COUNCIL MEMBER.

PENMAN. YES. MAYOR. HEITMANN. YES. THANK YOU.

AND THE MOTION THEN TO APPOINT WOULD BE TO APPOINT COUNCIL MEMBER PENNIMAN AS CHAIR FOR OF THE CRA FOR A TWO YEAR TERM COMMENCING FEBRUARY 18TH, 2026. THANK YOU. THANK YOU COUNCIL. WE FIRST HAVE BEEN WORKING IN THAT NEIGHBORHOOD SINCE WILLIE ANTHONY LIVED THERE.

YES. THAT'S RIGHT. THANK YOU VERY MUCH. YEAH.

DO WE NEED A MOTION? YES, WE NEED A MOTION AND A VOTE, PLEASE.

I MOVE TO APPOINT LINDA PENNIMAN TO A TWO YEAR TERM AS CRA CHAIR BEGINNING FEBRUARY 18TH, 2026. SECOND. WONDERFUL. I HAVE A MOTION BY COUNCIL MEMBER CRAMER AND A SECOND BY COUNCIL MEMBER BARTON.

MADAM CLERK, PLEASE CALL THE COUNCIL COUNCIL MEMBER.

PENNIMAN. YES. COUNCILMEMBER. SCHULTZ. YES. COUNCIL MEMBER.

KRULL. YES. COUNCIL MEMBER. BARTON. YES. VICE MAYOR.

BLANKENSHIP. YES. COUNCIL MEMBER. CRAMER. YES.

MAYOR. HEITMAN. YES. THANK YOU. COUNCIL PASSES UNANIMOUSLY.

THANK YOU ALL. THANK YOU. I APPRECIATE THE OPPORTUNITY.

I AM. THANK YOU. NEXT ITEM ON THE AGENDA IS TO APPOINT.

APPOINT A VICE CHAIR OF THE CRA FOR A TWO YEAR TERM COMMENCING FEBRUARY 18TH, 2026.

OKAY. THANK YOU. DO I HAVE ANY NOMINATIONS, LIKE NOMINATE SCOTT SCHULTZ? THANK YOU, COUNCIL VICE MAYOR. I'D LIKE TO NOMINATE MR. KRAMER. I HAVE TWO NOMINATIONS. ANY FURTHER NOMINATIONS? OKAY, WE'LL CLOSE THE NOMINATIONS. WE WILL PREPARE A BALLOT FOR COUNCIL MEMBER SCHULTZ AND COUNCIL MEMBER KRAMER FOR VICE CHAIR.

THANK YOU.

[01:11:15]

BLANKENSHIP. COUNCIL MEMBER. SCHULTZ. THIS.

COUNCIL MEMBER. PENNIMAN. COUNCIL MEMBER. KRAMER.

COUNCIL MEMBER. SCHULTZ. COUNCIL MEMBER. SCHULTZ.

COUNCIL MEMBER CRAMER. COUNCIL MEMBER CRAMER.

COUNCIL MEMBER BARTON. COUNCIL MEMBER CRAMER.

COUNCIL MEMBER. CROWELL. COUNCIL MEMBER. SCHULTZ.

THE BALLOT REFLECTS THREE VOTES FOR COUNCIL MEMBER CRAMER AND FOUR VOTES FOR COUNCIL MEMBER SCHULTZ.

SO IF WE HAVE A MOTION TO CERTIFY THE BALLOT PRIOR TO THE APPOINTMENT OF THE VICE CHAIR.

I MOVE THAT WE CERTIFY THE BALLOT AND APPOINT SCOTT SCHULTZ AS VICE CHAIR OF THE CRA.

SECOND I HAVE A MOTION TO CERTIFY THE BALLOT VICE CHAIR THE CRA BY VICE MAYOR BLANKENSHIP AND A SECOND BY COUNCIL MEMBER CRAMER. CLERK. COUNCILMEMBER. CROW.

YES. COUNCILMEMBER. SCHULTZ. YES. COUNCIL MEMBER.

BLANKENSHIP. YES. COUNCIL MEMBER. BARTON. YES.

COUNCIL MEMBER. CRAMER. YES. COUNCIL MEMBER. PENMAN.

MAYOR. HARTMAN. YES. THANK YOU. COUNCIL PASSES UNANIMOUSLY, AND THE APPOINTMENT MOTION WOULD BE TO APPOINT COUNCIL MEMBER SCHULTZ AS VICE CHAIR OF THE CRA FOR A TWO YEAR TERM COMMENCING FEBRUARY 18TH, 2026.

MAYOR, IF I MAY, I MOVE TO POINT COUNCIL MEMBER SCHULTZ TO A TWO YEAR TERM AS VICE CHAIR OF THE CRA COMMENCING FEBRUARY 18TH, 2026. MOTION BY COUNCIL MEMBER CRAMER. SECOND TIME BY.

VICE CHAIR. COUNCIL. COUNCIL MEMBER. BARTON. YES.

COUNCIL MEMBER. PENNIMAN. YES. VICE MAYOR. BLANKENSHIP.

YES. COUNCIL MEMBER. KRULL. YES. COUNCIL MEMBER.

KRAMER. YES. COUNCIL MEMBER. SCHULTZ. YES. MAYOR.

HARTMAN. YES. THANK YOU. COUNCIL PASSES UNANIMOUSLY, MRS. RAMBO. OKAY. NEXT, WE'RE MOVING ON TO APPOINTING COUNCIL MEMBERS TO VARIOUS BOARDS AND COMMITTEES.

AT THE FIRST REGULAR MEETING AT WHICH NEWLY ELECTED COUNCIL MEMBERS TAKE OFFICE, CITY COUNCIL MEMBERS SHALL VOTE TO APPOINT COUNCIL MEMBERS TO ANY VACANT BOARDS OR COMMITTEES WHERE A VACANCY MAY EXIST DUE TO A RECENT ELECTION OR A TERM OF A COUNCIL MEMBER HAS EXPIRED.

SO I WANT TO DISTINGUISH BETWEEN THE VACANT POSITIONS WE HAVE AVAILABLE TODAY INCLUDE THE AIRPORT NOISE COMPATIBILITY COMMITTEE, THE AUDITOR SELECTION COMMITTEE, THE NAPLES ART ASSOCIATION, LIAISON NAPLES PLAYERS LIAISON, AND THE VOTING REPRESENTATIVE OF THE SOUTHWEST FLORIDA LEAGUE OF CITIES.

FOR THESE VACANCIES, THE MAYOR WILL ANNOUNCE THE VACANCY AND WILL ASK COUNCIL MEMBERS WHO MAY BE INTERESTED IN FILLING THE VACANCY.

THE MAYOR WILL THEN ASK EACH COUNCIL MEMBER WHO EXPRESSED AN INTEREST TO STATE, THE REASONS THE COUNCIL MEMBER WOULD LIKE TO SERVE ON THE BOARD OR COMMITTEE.

THEREAFTER, A MOTION SHOULD BE MADE TO NOMINATE A COUNCIL MEMBER TO SERVE IN THE VACANT POSITION.

[01:15:05]

SO TO SEPARATE THAT FROM THE EXPIRING APPOINTMENTS, WHICH INCLUDE COUNCIL MEMBER BARTON AND COUNCIL MEMBER PENMAN ON THE COLLIER COUNTY METROPOLITAN PLANNING ORGANIZATION AND COUNCIL MEMBER KRAMER ON THE SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL AND THE BOARD OF TRUSTEES OF THE FIREFIGHTERS RETIREMENT SYSTEM FOR THESE VACANCIES, THE MAYOR WILL ANNOUNCE THE POSITIONS AND COMMITTEES WHOSE TERMS ARE EXPIRING.

THE INCUMBENT COUNCIL MEMBER SHALL BE ASKED TO GIVE A SUMMARY OF HIS OR HER PAST EXPERIENCE IN THE POSITION, AND INDICATE A WILLINGNESS TO CONTINUE TO SERVE, OR TO NO LONGER SERVE IN THAT ROLE.

THEREAFTER, A MOTION SHOULD BE MADE TO APPOINT THE INCUMBENT COUNCIL MEMBER TO CONTINUE TO SERVE IN THE POSITION.

IF THE MOTION RECEIVES A SECOND, A VOTE SHALL BE TAKEN, AND IF A MAJORITY OF THE COUNCIL MEMBERS APPROVE, THE CITY COUNCIL MEMBER SHALL BE APPOINTED TO CONTINUE TO SERVE IN THAT POSITION.

IF A COUNCIL MEMBER INDICATES A DESIRE TO NO LONGER SERVE, THE POSITION SHALL BE CONSIDERED VACANT AND THE PROCEDURE FOR APPOINTMENT TO A VACANT POSITION SHALL APPLY. I'VE LISTED IN THE AGENDA MEMO THREE POSITIONS THAT THE TERMS ARE NOT EXPIRING AND IN THE EVENT COUNCIL WISHES TO CHANGE ANY ASSIGNMENTS.

THAT'S THE OPPORTUNITY TO DO THAT WOULD BE TODAY AS WELL.

SO WE'RE STARTING WITH THE FIRST ONE IS THE AIRPORT NOISE COMPATIBILITY COMMITTEE FOR A TWO YEAR TERM COMMENCING FEBRUARY 18TH, 2026, PREVIOUSLY HELD BY COUNCIL MEMBER PETRANOFF.

AND SO THIS IS A VACANT POSITION. YEAH. SO MY APOLOGIES.

COUNCIL. THE ONE REASON I WANTED TO GO OVER THIS WAS TO CONFIRM WHETHER MEMBERS OF COUNCIL WANTED TO STAY IN THEIR POSITIONS.

SO THE THREE POSITIONS THAT THEIR TERM CONTINUES IS THAT THE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL, WHICH KRAMER SERVES, AND THE TERM IS NOT UP UNTIL 28.

RIGHT. OKAY. AND ALSO THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE COUNCIL MEMBER PENNIMAN'S TERM CONTINUES TO 28 AS WELL.

AND THE BOARD OF TRUSTEES OF THE GENERAL RETIREMENT SYSTEM.

COUNCIL MEMBER BARTON'S TERM CONTINUES TO 2028.

OKAY. AND COUNCIL MEMBERS, I JUST WANT TO CONFIRM THAT, COUNCILMAN CRAMER, THAT YOU WISH TO CONTINUE WITH THE TDC.

THANK YOU. AND COUNCIL MEMBER PENMAN, THE COASTAL ADVISORY BOARD.

YES. AND COUNCIL MEMBER BARTON. TO ANSWER YOUR QUESTION, YES, I AM WILLING TO CONTINUE.

BUT WITH THAT SAID, I WANTED TO MENTION IT TO COUNCIL MEMBER CROWELL SIMPLY BECAUSE OF HIS PAST EXPERIENCE WITH GOLDMAN SACHS.

HE MIGHT BE VERY WELL SUITED FOR THAT POSITION IF THERE'S INTEREST AND IF THERE'S NOT INTEREST, I CERTAINLY DON'T MIND CONTINUING. SO AGAIN, I WANTED TO THROW IT OUT THERE AND SEE IF THERE WAS ANY INTEREST ON YOUR ON YOUR BEHALF, COUNCILMAN MEMBER. AND IF SO, I'M HAPPY TO TO RELINQUISH AND ALLOW YOU TO, TO APPLY YOUR EXPERTISE.

BUT IF NOT, I WILL CONTINUE TO APPLY MY EXPERTISE AND WE CAN DISCUSS THAT WHEN IT COMES TO THAT POINT.

I JUST THAT'S WHAT I WANTED TO SET THE TONE BECAUSE I THINK IT'S ONLY FAIR THAT ALL OF US HAVE AN OPPORTUNITY TO SERVE ON DIFFERENT BOARDS AND COMMITTEES.

SO WITH THAT, THE FIRST COMMITTEE WOULD BE THE AIRPORT.

AIRPORT NOISE COMPATIBILITY COMMITTEE FOR TWO YEARS.

IS THERE SOMEONE THAT WISHES TO SERVE ON THAT BOARD? I SHOULD WAIT A SECOND FOR COUNCIL MEMBER PENMAN.

YES. THANK YOU. MR. YOUNG. GENTLEMAN. BOARD.

IS THERE SOMEONE THAT WISHES TO SERVE? I CAN TAKE AS MANY NOMINATIONS AS I LIKE.

CORRECT? YES. AND OR JUST TO REMIND YOU, IT'S A LITTLE DIFFERENT THAN THE PREVIOUS ONES WE JUST DID.

SO A MOTION TO NOMINATE CAN BE SECONDED, AND A VOTE TAKEN RIGHT AWAY BY BY THE CLERK OR BY VOICE.

VOTE BY VOICE. THANK YOU. THIS IS THE AIRPORT ONE HERE. YES. THIS IS FOR THE AIRPORT NOISE COMPATIBILITY COMMITTEE.

WHICH COUNCIL MEMBER PETRANOFF I WOULD BE WILLING TO TAKE ALL OF BETH'S PREVIOUS ASSIGNMENTS,

[01:20:04]

SO I'D TAKE ALL BETH'S SLATE IF SHE WANTS TO.

OKAY. ANY OTHER NOMINATIONS OR TALKING ABOUT THE AIRPORT? SO I'VE GOT A SELF NOMINATION HERE. DO YOU NEED A SECOND ON THAT.

YES. OKAY, I WILL SECOND THAT. OKAY. I HAVE A MOTION BY COUNCIL MEMBER KROLL AND A SECOND BY COUNCIL MEMBER BARTON.

ALL IN FAVOR? SIGNED BY I OPPOSED. MR. CONNELL, DID YOU WANT ME TO WAIT TILL MR. PENMAN CAME BACK? TECHNICALLY, COUNCIL DOESN'T HAVE TO.

I JUST DIDN'T KNOW IF YOU WANTED TO WAIT, BUT THERE WAS ALREADY A MOTION IN SECOND.

SO IT'S ON THE FLOOR FOR A VOTE. OKAY, IT'S UP TO COUNCIL.

YEAH. SO COUNCILMEMBER PENMAN, I JUST. NO, NO.

IT'S OKAY. THE NOISE AIRPORT NOISE COMPATIBILITY COMMITTEE WAS PRESENTED, AND COUNCIL MEMBER KROLL HAS NOMINATED HIMSELF IN A SECOND BY BARTON. DO YOU HAVE ANY DISCUSSION OR NOMINEE? OKAY. OKAY. ALL IN FAVOR? COUNCIL SIGNED BY I, I OPPOSED.

THANK YOU. THANK YOU FOR YOUR WILLINGNESS TO SERVE ON THE NOISE COMPATIBILITY COMMITTEE.

THAT TAKES US TO THE AUDITOR'S SELECTION COMMITTEE.

MR. YOUNG, DID YOU WANT TO EXPLAIN THIS COMMITTEE FOR THE COUNCIL? YEAH. WELL, JUST BRIEFLY, THIS IS AN AD HOC COMMITTEE, IN ESSENCE, THAT'S CREATED EVERY FIVE YEARS BY FLORIDA STATUTE.

IT CAN BE EVERY 3 TO 5, DEPENDING ON WHAT COUNCIL DOES OR THE BOARD RECOMMENDS.

AND SO THE LAST TIME THIS WAS ORIGINATED WAS IN 2019 I BELIEVE.

COUNCIL APPOINTS ONE MEMBERS AND THEN YOU ELICIT REPRESENTATIVES TO SIT ON THE BOARD WITH IT.

THIS COMMITTEE IS DESIGNED FOR THE SOLE PURPOSE OF SELECTING THE AUDIT FIRM THAT DOES THE ANNUAL AUDIT.

AND IN 2019, THE STATE OF FLORIDA CHANGED THE STATUTE INSTEAD OF STAFF SELECTING IT, THAT IT HAD TO BE A BOARD OF THE LEGISLATIVE BODY.

SO THAT'S THE PURPOSE BEHIND THIS. YOU WILL APPOINT A DESIGNEE, AND THEN IT'LL END UP A BODY OF FIVE THAT WOULD END UP MAKING THE RECOMMENDATIONS ON THE AUDIT CONTRACT. LAST TIME MR. BLANKENSHIP, IN ITS INAUGURAL CREATION, SERVED AS, AS THE DESIGNEE FOR COUNCIL AT THAT TIME. SO THANK YOU, COUNCIL.

ANY NOMINATIONS? WITH THAT BACKGROUND, I'D LIKE TO NOMINATE TED BLANKENSHIP.

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

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

COUNCIL PASSES UNANIMOUSLY. MOVING TO THE COLLIER COUNTY METROPOLITAN PLANNING ORGANIZATION.

COUNCIL MEMBER. BARTON. I'M HAPPY TO CONTINUE ON THAT ON THE MPO IF SO DESIRED.

THANK YOU. ANY OTHER NOMINATIONS? GOOD. NO. I HAVE A NOMINATION FOR COUNCIL MEMBER. BARTON. SECOND. YOUR FIRST NOMINEE YOU'LL MAKE.

WELL, I GUESS HE NOMINATED HIMSELF. I'M SORRY.

I'D LIKE TO NOMINATE COUNCIL MEMBER BARTON FOR SECOND NOMINATION.

OKAY. I HAVE A NOMINATION FOR COUNCIL MEMBER. BARTON BY COUNCIL MEMBER.

KRAMER. SECOND BY COUNCIL MEMBER. BARTON. ALL IN FAVOR, SAY AYE.

AYE. OPPOSED? OKAY. THANK YOU. COUNCIL. MOVING TO THE SECOND APPOINTMENT FOR THE COLLIER COUNTY METROPOLITAN PLANNING ORGANIZATION FOR A TWO YEAR TERM. WHICH ENDS IN FEBRUARY 26TH COUNCIL MEMBER PENMAN.

YES. I'VE BEEN ON THERE FOR QUITE A WHILE. I ENJOY THE EXPERIENCE GREATLY, BUT I HONESTLY THINK THAT SOMEBODY ELSE ON COUNCIL OUGHT TO PROBABLY TAKE MY POSITION. OH, SORRY.

I THINK IT'S IMPORTANT THAT, YOU KNOW, OTHERS START TO LEARN ABOUT HOW THIS ALL SORT OF FUNCTIONS.

WE'VE GOT TO BE IN THERE AS THE CITY, FIGHTING ALWAYS FOR WHATEVER WE CAN GET IN TERMS OF ANY KIND OF STATE DOLLARS.

BUT THE FOCUS, OBVIOUSLY IS WHERE MOST OF THE TRAFFIC IS, WHICH IS OUT EAST.

[01:25:03]

I'VE BEEN IN THERE, BEEN ON THERE FOR A LONG TIME. VERY HAPPY TO RELINQUISH MY SEAT SO THAT SOMEONE ELSE CAN HAVE THE OPPORTUNITY TO LEARN WHAT WE'VE LEARNED ON THE MPO.

SO BE HAPPY TO RELINQUISH, IF I MAY. YES. COUNCIL MEMBER MAYOR.

I'D LIKE TO NOMINATE SCOTT SCHULTZ. SECOND CHOICE.

ALL RIGHT. I HAVE NOMINATION BY COUNCILMEMBER CRAMER FOR SCOTT SCHULTZ AND A SECOND BY VICE MAYOR BLANKENSHIP.

ALL IN FAVOR SAY AYE. AYE. OPPOSED? OKAY. THANK.

LEARNING OPPORTUNITY COUNCIL THAT PASSES UNANIMOUSLY.

THANK YOU. MOVES US TO THE NEXT APPOINTMENT FOR NAPLES ART ASSOCIATION BOARD.

MAYOR, I'D LIKE TO NOMINATE JOHN KROL FOR THAT POSITION.

I HAVE A MOTION FOR NOMINATION FOR COUNCIL MEMBER KARL AND A SECOND BY COUNCIL MEMBER BARTON.

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

PASSES. UNANIMOUSLY. MOVING TO THE APPOINTMENT OF THE NAPLES PLAYERS BOARD OF DIRECTORS TO SERVE AS A LIAISON IS HELD BY COUNCILMEMBER PETRINO.

MAYOR, I'D LIKE TO APPOINT. I NOMINATE JOHN CROWELL FOR BOARD MEMBER POSITION ALSO.

I HAVE A MOTION TO NOMINATE COUNCIL MEMBER CARL TO THE NAPLES PLAYERS BOARD OF DIRECTORS.

DO I HAVE A SECOND? SECOND. I HAVE A SECOND BY COUNCIL MEMBER CRAMER.

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

COUNCIL. THAT TAKES US TO THE VOTING. REPRESENTATIVE OF THE SOUTHWEST FLORIDA LEAGUE OF CITIES.

WE HAVE THREE NEW MEMBERS THAT MIGHT GO TO THE MEETINGS AT THIS POINT.

THE CURRENT MEMBERS HAVE NOT ATTENDED THE LEAGUE OF CITIES MEETINGS.

I AM ON THE BOARD FOR THE LEAGUE OF MAYORS AND DO ATTEND THOSE MEETINGS, BUT CERTAINLY DO NOT NEED THAT POSITION FOR VOTING. IF WE HAVE COUNCIL MEMBERS THAT INTEND TO ATTEND THE FLORIDA LEAGUE OF CITIES.

I WOULD I WOULD NOMINATE MR. BLANKENSHIP. SECOND.

WILL YOU GO? YES. THANK YOU. THIS IS FOR SOUTHWEST FLORIDA, RIGHT? FOR. YES, FOR SOUTH SOUTHWEST FLORIDA. LEAGUE OF CITIES.

THANK YOU. SO IT'S A DIFFERENT BOARD. IT'S RIGHT THERE QUARTERLY BASICALLY YES.

IT'S IN FORT MYERS TALLAHASSEE. NO NO NO OKAY.

PERFECT. THANK YOU. I HAVE A MOTION FOR VICE MAYOR BLANKENSHIP SECOND.

I HAVE A SECOND BY COUNCIL MEMBER KROLL. ALL IN FAVOR? SIGN BY I. I OPPOSED, THANK YOU. COUNCIL. THAT TAKES US.

YES, SIR. WE SKIPPED THE SOUTHWEST FLORIDA REGIONAL PLANNING.

THAT WAS BETWEEN MPO AND TDC, AND I'M COMING OFF OF THAT.

NO, SIR. IT'S ON IF YOU LOOK AT THIS RIGHT HERE.

OH. I'M SORRY. OKAY I APOLOGIZE LOOKING AT THE OTHER SIDE.

THAT'S RIGHT. SO NOW WE'RE MOVING TO THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL FOR TWO YEAR TERM.

IT'S CURRENTLY HELD BY COUNCIL MEMBER KRAMER.

THANK YOU FOR SERVING ON THAT BOARD. DO YOU WISH TO.

I THINK IT'D BE GREAT FOR. SO IT'S THE REPORT IS THAT WHEN I JOINED, IT WAS BASICALLY DEFUNCT.

AND BILL MCDANIEL, OUR ONE OF OUR COUNTY COMMISSIONERS, BECAME THE CHAIR.

WE'VE NOW HIRED A NEW EXECUTIVE DIRECTOR AND TEAM AND THE PARTICIPATION RATE HAS GONE UP, I DON'T KNOW, SIGNIFICANTLY. AND SO THINGS ARE STARTING TO HAPPEN THERE.

I ACTUALLY WAS GOING TO NOMINATE SCOTT SCHULTZ.

I THINK IT FITS VERY WELL WITH THE MPO. SO WITH THAT, I WILL NOMINATE SCOTT SCHULTZ TO BE OUR REPRESENTATIVE ON THE SOUTHWEST FLORIDA REGIONAL PLANNING COMMITTEE. WHO IS THE NEW DIRECTOR? AS AN ASIDE, SORRY, DID YOU SAY EMPTY? NO. NO YOU DIDN'T.

YOU JUST BLANKED MY NAME, MARGARET WURTZEL. OH, SHE STILL CONTINUES.

NO. THAT'S WHO THAT WHO IS NO LONGER THERE. THE NEW. I DO NOT KNOW THE NAME OF THE NEW ONE. OKAY. I JUST KNOW WE HAVE A NEW ONE. OKAY, SO I HAVE A MOTION BY COUNCILMAN KRAMER TO APPOINT COUNCILMAN SCHULTZ TO THE SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL.

FOR TWO YEARS. I HAVE A SECOND. SECOND. I HAVE A SECOND BY COUNCIL MEMBER BARTON.

ALL IN FAVOR SIGNIFY I. AYE. OPPOSED? OKAY. PASSES UNANIMOUSLY.

THANK YOU. THAT TAKES US TO THE FIREFIGHTERS RETIREMENT FUND.

[01:30:06]

WELL, THEN AGAIN, IF THERE'S INTEREST, I'M THE.

OH THAT'S RIGHT. YES. I'M THE CHAIR OF THE JOINT HE'S.

I'M SORRY. I READ IT INCORRECTLY. IT'S THE BOARD OF TRUSTEES FOR GENERAL RETIREMENT SYSTEM.

THERE YOU GO. THAT'S. AND AGAIN, COUNCILMAN CALL.

IF THERE'S INTEREST THERE, I'M HAPPY TO RELINQUISH. IF. IF NOT, I'M HAPPY TO CONTINUE. SO.

OKAY, I THINK IT'S OKAY. I MEAN, YEAH, I'LL NOMINATE THEM.

YEAH, I'LL NOMINATE COUNCILMAN CROWELL FOR THAT POSITION TO TAKE MY POSITION, MY SPOT IN THAT POSITION.

I HAVE A MOTION BY COUNCIL MEMBER BARTON TO APPOINT COUNCIL MEMBER CARL TO THE BOARD OF TRUSTEES OF GENERAL RETIREMENT SYSTEM.

SECOND, I HAVE A SECOND BY COUNCIL MEMBER CRAMER.

ALL. QUESTION. SO WOULD THAT BE FOR THE BALANCE OF THE FOUR YEAR TERM OR IS IT A NEW FOUR YEAR? OKAY. SO TWO YEARS. TWO YEARS. OKAY, SO I HAVE A MOTION BY COUNCIL MEMBER KRAMER. AND A SECOND.

MOTION BY MOTION. SECOND HERE. OKAY, I HAVE A MOTION BY COUNCIL MEMBER BARTON AND A SECOND BY COUNCIL MEMBER KRAMER.

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

COUNCIL PASSES UNANIMOUSLY. THAT'S MOVING TO THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE.

COUNCIL MEMBER PENNIMAN'S TERM CONTINUES TO MARCH 21ST, 2028.

AND YOU WISH TO TO REMAIN ON THE COASTAL? I WOULD PREFER TO STAY THERE.

WE'RE GETTING SOME MOMENTUM THERE, AND I THINK I PREFER TO STAY.

THANK YOU. OKAY. THANK YOU FOR YOUR SERVICE. AND ANY OTHER NOMINATIONS? IF NOT, I HAVE A MOTION TO APPOINT. OR CONTINUE TO DO.

I DON'T NEED THAT, DO I? NO, WE THANK YOU. OKAY.

SO THANK YOU. COUNCIL MEMBER PENMAN TO CONTINUE ON THE COUNTY COUNCIL.

COLLIER COUNTY COASTAL ADVISORY COMMITTEE. THAT MOVES US TO COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL.

COUNCIL MEMBER CRAMER IS SERVING AND HAS A TERM UNTIL 2028.

DO YOU WISH TO CONTINUE TO SERVE? YES. I'M HAPPY TO STAY.

OKAY, GREAT. THANK YOU. SO WITH THAT I THINK WE MUST HAVE L.

YEAH. ON THE BACK. THE FIREFIGHTER RETIREMENT SYSTEM.

THAT WAS UNDER K, SO I HAVE NO I HAVE AN APPOINTMENT TO THE TRUSTEES OF FIRE RETIREMENT SYSTEM FOR TWO YEARS COMMENCING FEBRUARY 18TH, 2026, WHICH IS COUNCIL MEMBER CRAMER AND MAYOR, IF I MAY. MY APOLOGIES. HE'S PROBABLY ALREADY GOT A PHONE CALL.

REBECCA HARP IS THE EXECUTIVE DIRECTOR. YOU COULD HAVE ASKED ME WHAT MY CHILDREN'S NAMES WERE RIGHT IN THAT MOMENT AND I WOULD HAVE FROZE. I'M SORRY. SO IT'S REBECCA SHARP, AND SHE DOES A GREAT JOB. AND I WOULD BE HAPPY TO CONTINUE ON AS I'M WORKING WITH THE FIREFIGHTERS IN THAT PENSION BOARD.

GREAT. THANK YOU. WITH THAT I MOVE THAT WE APPOINT COUNCILMAN CRAMER TO THE FIREFIGHTERS PENSION BOARD.

OKAY, I HAVE A MOTION FOR COUNCILMEMBER CRAMER TO THE FIREFIGHTERS RETIREMENT SYSTEM FOR TWO YEARS, AND THAT IS SECONDED BY CRAMER. I MEAN BY BARTON.

NOPE. CARL. OH, WE'RE GOING TO HAVE TO SPEAK UP SO I CAN HEAR.

THANK YOU. ALL IN FAVOR SAY AYE. AYE. OPPOSED.

PERFECT. THANK YOU. COUNCIL. THAT WAS EASY. MISS RAMOS, ANY FURTHER BUSINESS? NOTHING FURTHER ON THESE AGENDA ITEMS. THANK YOU VERY MUCH.

I JUST WILL NEED TO GET A SIGNATURE FROM THE VICE MAYOR ON HIS OATH.

BUT THAT'S THE ONLY OTHER THING I HAVE. THANK YOU, THANK YOU, THANK YOU FOR YOUR SUPPORT AND OUR APPOINTING OF THE COMMITTEES AND BOARDS.

SO COUNCIL, THAT TAKES US TO ITEM AA WHICH IS CONTINUED TO FOLLOWING THE EXECUTIVE SESSION THAT TAKES US TO ITEM NINE, WHICH IS PUBLIC COMMENT.

[9) PUBLIC COMMENTS]

AND IF YOU'LL COME FORWARD, STATE YOUR NAME. AND FOR THE RECORD, OUR FIRST PUBLIC SPEAKER IS LAURA HANSEN REYNOLDS MAYOR. ARE WE ALLOWED TO ASK QUESTIONS OR INTERACT WITH? NO, SIR. THANK YOU FOR CLARIFYING THAT. THE RULE IS THAT THE COUNT, THE MEMBERS OF THE PUBLIC THAT WISH TO SPEAK.

[01:35:03]

SO THANK YOU, SIR, FOR THAT CLARIFICATION. AND GOOD MORNING.

MY NAME IS LAURA HANSON REYNOLDS AND I LIVE IN THE CITY ON SIXTH AVENUE NORTH.

THE NAPLES CITY CHARTER CALLS FOR THE CITY COUNCIL AND MAYOR'S NONPARTISAN ELECTIONS, TO BE HELD ON THE FIRST TUESDAY IN FEBRUARY IN EVEN YEARS, AND IN CONJUNCTION WITH THE PRESIDENTIAL PREFERENCE PRIMARY IN MARCH OF THE PRESIDENTIAL YEARS.

PRESIDENTIAL ELECTION YEARS. FOR THE FEBRUARY 3RD, 20 2026 ELECTION, THE CITY MUST REIMBURSE THE SUPERVISOR OF ELECTION COSTS OF ABOUT $55,000. IF WE HAD OFFERED EARLY VOTING DAYS USED IN PAST YEARS, THE COST WOULD HAVE BEEN AN ADDITIONAL $45,000, GIVEN THE SMALL NUMBER OF VOTERS WHO VOTED EARLY IN 2022.

THE COUNCIL RIGHTFULLY CHOSE NOT TO OFFER THAT VOTING OPTION FOR THIS ELECTION.

HOWEVER, THIS COST DRIVEN DECISION LEFT VOTERS WITH ONLY ONE OPTION TO VOTE IN PERSON ON ELECTION DAY AT FEBRUARY 3RD, VOTERS COULD STILL VOTE BY MAIL, BUT THE STATE HAD REQUIRED THAT MAIL BALLOTS BE REQUESTED BY EXPIRING THE ENTIRE FILE AS OF THE END OF 2024, ADDING A NOT WELL UNDERSTOOD LIMIT ON VOTING CHOICES FOR CITIZENS.

FROM ITS INCEPTION, THE CITY OF MARCO ISLAND CHOSE TO HAVE THEIR BIANNUAL MUNICIPAL ELECTION IN PARALLEL WITH THE NOVEMBER GENERAL ELECTION, WITH FULL VOTING DAYS ALLOWED, AND THEY HAVE NEVER INCURRED ANY COST FOR THEIR MUNICIPAL ELECTIONS.

FOR NAPLES, THIS CHANGE WOULD REQUIRE A ONE TIME COMMON SENSE ADJUSTMENT TO THE TERMS OF OFFICE, WITH AN EIGHT MONTH MOVE FROM THE FEBRUARY MARCH TIME FRAME TO NOVEMBER.

IF YOU FACTOR IN THAT SEVERAL OF THE SEATS ARE HELD BY AN INCUMBENT WHO OFTEN WINS REELECTION, THIS WILL NOT SUBSTANTIALLY AFFECT THE GOVERNMENT'S GOVERNANCE OF OUR CITY AFFAIRS.

SO I AM HERE TO PROPOSE THAT THE CITY COUNCIL PURSUE A REFERENDUM QUESTION TO MOVE THEIR MUNICIPAL ELECTIONS TO COINCIDE WITH THE NOVEMBER GENERAL ELECTIONS, SIMILAR TO THE CITY OF MARCO ISLAND.

THERE ARE TWO DISTINCT ADVANTAGES. FIRST, THE TURNOUT IS MASSIVE IN NOVEMBER GENERAL ELECTIONS.

IN NOVEMBER 2024, THE VOTER TURNOUT TURNOUT WAS ALMOST 83%, AND IN NOVEMBER 2020 IT WAS OVER 90%.

BY COMPARISON, TURNOUT IN THE FEBRUARY 3RD MELISSA MUNICIPAL ELECTION WAS BARELY 38% SAID ANOTHER WAY.

SIX OUT OF TEN REGISTERED VOTERS IN THE CITY CHOSE NOT TO CAST THEIR BALLOT IN THAT ELECTION.

WITH THIS TIMING CHANGE, THE CITY WOULD BENEFIT FROM MORE THAN DOUBLE THE VOTER PARTICIPATION IN CHOOSING OUR ELECTED OFFICIALS.

SECOND, THE COST OF A MUNICIPAL CITY ELECTION.

I'M OUT OF TIME. CAN I PLEASE CONTINUE? THANK YOU.

THE COST OF A MUNICIPAL CITY COUNCIL ELECTION PARALLEL WITH THE NOVEMBER ELECTION IS ZERO.

THE MONEY SAVED CAN GO FOR PROJECTS THAT ENHANCE CITY SERVICES WHILE ALSO INCREASING VOTER PARTICIPATION.

BASICALLY FOR FREE. SO WITH THIS CHANGE, MANY, MANY MORE VOTERS WILL PARTICIPATE AND THE CITY WILL SAVE A SIGNIFICANT AMOUNT OF MONEY.

IT IS A WIN WIN SCENARIO. CITY COUNCIL IS ALREADY PLANNING TO SUBMIT A REFERENDUM QUESTION? DO YOU IN APRIL TO AMEND THE CITY CHARTER TO INCREASE CITY COUNCIL AND MAYOR SALARIES? SO YOU CAN EASILY ADD ANOTHER QUESTION TO THE BALLOT, WHICH WILL BE IN THE AUGUST PRIMARY, CHANGING THE TIMING OF THE MUNICIPAL ELECTIONS AND SAVE MONEY WHILE SUBSTANTIALLY INCREASING VOTER TURNOUT.

LET'S PUT THIS OPTION TO THE VOTERS TO CHOOSE CONTINUE COSTLY STANDALONE FEBRUARY ELECTIONS FOR COUNCIL MEMBER COUNCIL MEMBERS AND THE MAYOR WITH VERY LOW TURNOUT OR MOVE TO A NO COST NOVEMBER GENERAL ELECTION WITH MAXIMIZE TURNOUT.

THANK YOU. THANK YOU. AND I WANT TO THANK THE LEAGUE OF WOMEN VOTERS FOR ALL THEY HAVE DONE AND PARTICIPATING WITH THE ELECTIONS. ALSO, FOR YOUR PARTICIPATION IN FOLLOWING THE CANVASING BOARD.

THAT IS VERY IMPORTANT THAT OUR CITIZENS GET INVOLVED AND PAY ATTENTION TO MAKE SURE THAT THE ELECTIONS ARE UPHELD WITH HIGH INTEGRITY.

SO WE APPRECIATE THAT. AND THANK YOU FOR COMING AND PUTTING THAT IN OUR THOUGHTS.

SO WE'LL DISCUSS THAT AT CORRESPONDENCE. THANK YOU.

[01:40:02]

I'M SO SORRY. COACHES. IT'S PAUL COACHES. THANK YOU.

MAYOR. I GOT IT. YOU DID? AND I'M HERE ON BEHALF ALSO OF MR. O'HARE, I BELIEVE, SUBMITTED A REQUEST TO SPEAK.

WE ARE KNOWN AS THE SWAN LAKE FLOOD PROTECTION LOBBY.

AND WE'VE APPEARED BEFORE ON ISSUES UNIQUE TO OUR COMMUNITY.

WE'RE NOT HERE WITH ANY GRIEVANCES OR ALARMS TODAY.

ONLY THOUGHTS AND WORDS OF APPRECIATION. AND I'LL START WITH THE OUTGOING COUNCIL MEMBERS THANKING THEM FOR THEIR SERVICE.

CALLING OUT SPECIFICALLY BETH. PETRANOFF. WHO REALLY TOOK A DEEP DIVE INTO OUR ISSUES AND LEARN MORE ABOUT BACKFLOW CHECK VALVES THAN I THINK SHE EVER CARED TO KNOW.

BUT WE APPRECIATE HER EFFORTS AND WISH HER WELL.

I ALSO WANT TO WELCOME THE NEW COUNCIL MEMBERS.

WE LOOK FORWARD TO WORKING WITH YOU. YOUR YOUR CONSIDERABLE TALENTS AND EXPERIENCE IS A GREAT VALUE ADD TO THIS BODY.

BUT PRINCIPALLY, I WANT TO THANK YOUR STAFF. NOTHING HAPPENS HERE WITHOUT STAFF.

AND I'LL START WITH CITY MANAGER GARY YOUNG, WHO IS AN ABSOLUTE GODSEND TO THIS POSITION.

MR. MCCONNELL AS WELL. AND THEN I DON'T BELIEVE DOCTOR GEORGE GEORGE IS HERE, BUT I SHOULD RECOGNIZE HIM.

YOU KNOW, WARREN BUFFETT HAD A GREAT SAYING ABOUT EXECUTIVE HIRING.

THERE ARE THREE CRITERIA INTEGRITY SKILL SETS AND WORK ETHICS.

AND HE WAS QUICK TO ADD THAT WITHOUT NUMBER ONE, TWO AND THREE DON'T MATTER.

THESE GENTLEMEN TICK ALL THE BOXES BIG TIME. AND WE CAN'T EXPRESS ENOUGH APPRECIATION.

LET ME JUST APPLAUD YOU FOR YOUR GREAT WORK, INCLUDING DOCTOR GEORGE.

HOPEFULLY HE'S GOING TO HEAR THIS. AND ON BEHALF, YOU CAN JOIN ME IF YOU'D LIKE.

I WOULD LIKE TO APPLAUD YOU FOR YOUR CONTINUED GOOD WORK.

THANK YOU VERY MUCH. THANK YOU. AND WITH THAT, HAVE A GROUP REPRESENTATIVE, MR. CRAIG SUTHERLAND.

GOOD MORNING. COUNCIL. MY NAME IS CRAIG SUTHERLAND.

I'M A NAPLES RESIDENT RESIDING AT 292 14TH AVENUE SOUTH 34102.

THESE ARE JUST ABOUT ALL OF MY FELLOW RESIDENTS.

WE'RE A SMALL ASSOCIATION AT PETTIT SQUARE. THEY HAVE CEDED THEIR TIME TO ME TO SPEAK SO THAT I CAN JUST HOPEFULLY REPEAT THESE COMMENTS AS FAST AS I CAN. I'M NOT AN ATTORNEY, BUT I'VE HEARD A TERM, AND I WOULD LIKE TO INCORPORATE BY REFERENCE EVERY SINGLE WORD THAT BETH PETRANOFF MENTIONED THIS MORNING EARLIER IN HER REMARKS.

WE'RE HERE TO TALK ABOUT PETTIT SQUARE, OUR HOME.

I HAVE TO ADMIT UP FRONT THAT IT'S A LITTLE DIFFICULT TO TALK ABOUT THE SANCTITY OF YOUR HOME AND THE INVESTMENTS IN YOUR HOME WITHOUT GETTING EMOTIONAL.

SO MY WHOLE EFFORT HERE IS TO NOT CROSS THAT LINE.

THIS MORNING, WE'RE TALKING ABOUT THE FACT THAT A GYMNASIUM HAS BEEN RAPIDLY CONSTRUCTED IN OUR BUILDING AT THE ENTRANCE TO AQUA LINE SHORES. WE HAVE A LOT TO CONVEY TODAY, AND IT MAY WELL BE THE LAST TIME YOU AND THE CITY COUNCIL CAN MAKE A DIFFERENCE FOR OUR RESIDENTS AND FOR THE NEIGHBORHOOD. AFTER TWO MONTHS OF REQUESTS, WE FINALLY DO HAVE A MEETING WITH MR. YOUNG AND DEPARTMENT HEADS ON FRIDAY AT 10 A.M..

THAT'S THE GOOD NEWS. UNFORTUNATELY, THE MEETING COMES ONLY AFTER THE CITY PLANNING DEPARTMENT HAS MADE THEIR DECISION WITH REGARD TO PETTIT SQUARE, OUR PROPERTY. A DECISION TO APPROVE A HIGH VOLUME, HIGH TRAFFIC, OPEN ASSEMBLY GYMNASIUM WITH WAVES OF GROUP CLASSES ALL DAY LONG, SEVEN DAYS A WEEK WITH A VERY LOUD, POWERFUL SOUND SYSTEM, ALREADY PROVEN TO BE CAPABLE OF SHAKING OUR ENTIRE BUILDING FROM ONE END OF IT TO THE OTHER. ALL IN A MIXED USE RESIDENTIAL BUILDING.

[01:45:05]

THE PLANNING DEPARTMENT ULTIMATELY MADE THEIR DECISION.

OVER THE LAST TWO CRITICAL MONTHS, WE HAD BEEN TRYING TO MEET WITHOUT GRANTING REQUESTS TO MEET SINCE DECEMBER 23RD.

AND WITHOUT CAPTURING THE INPUT AND OBJECTIONS OF OUR RESIDENTS AND THE 50% OWNERS OF THE VERY PROPERTY THAT'S GOING TO BE AFFECTED AND INJURED BY THIS DECISION. THE ONLY FORMAL COMMUNICATION WE'VE HAD THROUGH THE CITY HAS OTHERWISE BEEN WITH STEVE BECKMAN, THE BUILDING DEPARTMENT HEAD, AND BILL QUINCY, IN CHARGE OF CODE ENFORCEMENT.

BY THE WAY, WHO HAVE BEEN EXTREMELY RESPONSIVE AND COMMUNICATIVE WITHIN THE SCOPE OF THEIR AUTHORITIES AND RESPONSIBILITIES.

WE ALSO MET WITH SEAN PHILLIPS OF THE NAPLES CITY POLICE DEPARTMENT.

I'LL EXPLAIN WHY IN A MOMENT, WHO WAS ALSO VERY RECEPTIVE TO HEAR OUR LEGITIMATE CONCERNS.

BEYOND THAT, WE'VE NOW BEEN INSTRUCTED TO CALL CODE ENFORCEMENT.

NOW FOR ALL COMPLAINTS. I HOPE YOU HEARD THAT TRANSITION COMPLAINTS, MEANING THAT THE INPUT AND THE OBJECTIONS NEVER RECEIVED AND NEVER HEARD BY THE PLANNING DEPARTMENT HAVE NOW BEEN REDUCED TO MERE COMPLAINTS.

AND AFTER HOURS, WE'RE SUPPOSED TO CALL THE NAPLES CITY POLICE.

WE TOOK THE TIME TO SPEAK WITH BOTH IN ADVANCE.

SINCE THERE HAVE BEEN VIOLATIONS PRIOR TO THE GYM EVEN OPENING.

THIS IS A BURDEN NEITHER THE CODE ENFORCEMENT NOR THE CITY POLICE SHOULD HAVE TO BEAR.

WHEN SOMETHING APPROVED BY THE PLANNING DEPARTMENT REQUIRES THE IMMEDIATE ACTIONS OF CODE ENFORCEMENT AND THE NAPLES CITY POLICE.

IT SEEMS OBVIOUS THAT THE PLANNING DEPARTMENT MAY HAVE MAYBE HAS MADE A SERIOUS ERROR IN THEIR JUDGMENTS.

WE DON'T EVEN BELIEVE THAT THE PLANNING DEPARTMENT HAS THE AUTHORITY TO UNILATERALLY APPROVE NON-LISTED USES OF COMMERCIAL PROPERTY IN THE CITY OF NAPLES.

WE BELIEVE THE ACTUAL CODE REQUIRES THAT NON-LISTED USES BE APPROVED BY A SPECIFIC PROCEDURE THAT BEGINS WITH FILING A CONDITIONAL USE PETITION OR PERMIT.

THIS IS THEN INDEPENDENTLY REVIEWED. I STRESS INDEPENDENTLY REVIEWED BY THE PLANNING ADVISORY BOARD, WHICH I BELIEVE IS THEIR FUNCTION. IF THEY APPROVE IT, IT GOES TO SOME PUBLIC NOTICES, A PUBLIC HEARING, AND ULTIMATELY LANDS WITH YOU, THE CITY COUNCIL THAT, PER THE CODE IS REQUIRED TO APPROVE NON-LISTED USES OF COMMERCIAL PROPERTY IN THE CITY OF NAPLES. UNLESS WE'VE READ THE CODE WRONG, IT'S TWO PAGES.

THE RELEVANT PAGES. WHAT'S THE PURPOSE OF THE CODE IF NO ONE FOLLOWS IT? ESPECIALLY THE PLANNING DEPARTMENT. THE CODE ITSELF ESSENTIALLY STATES THAT IN THE C1 DISTRICT, NO BUILDING WILL BE USED IN WHOLE OR IN PART FOR ANY OTHER THAN THE FOLLOWING USES.

I'M NOT GOING TO LIST ALL THOSE USES THERE IN THE CODE, BUT YOU WON'T FIND GYMS OR FITNESS CENTERS LISTED ANYWHERE AND NOT EVEN THE PLANNING ADVISORY BOARD HAS ANY AUTHORITY TO APPROVE THE NON-LISTED USE OF COMMERCIAL PROPERTY THAT IS, QUOTE UNQUOTE, MORE INTENSE THAN THOSE ENUMERATED FOR THE DISTRICT, THOSE LISTED IN ENUMERATED USES UNDER THE PERSONAL SERVICES CATEGORY, WHERE THE PLANNING DEPARTMENT PUTS GYMS AND FITNESS CENTERS IN THEIR OWN JUDGMENT.

WE TOTALLY DISAGREE WITH THAT ASSERTION, BUT THAT'S WHERE THEY PUT IT IN PERSONAL SERVICES.

AND IN PERSONAL SERVICES, THE ONLY ENUMERATED USES ARE A BARBERSHOP AND A BEAUTY SHOP.

THAT'S IT. TRADITIONAL RETAIL AND OFFICE USE 1 TO 1 PERSONAL SERVICES.

COMPLETELY CONTRARY TO THE WAVE OF LARGE GROUP CLASSES ALL DAY LONG.

THE ENUMERATED USES IN THE C-1 DISTRICT ENTAIL TRADITIONAL RETAIL AND OFFICE USE ONLY.

I WANT TO MAKE JUST A FEW COMMENTS AND A FEW WORDS ABOUT OUR PETTIT SQUARE PROPERTY.

THE PETTIT SQUARE COMMERCIAL SPACE IS IN OUR MIXED USE RESIDENTIAL BUILDING OVER THE LAST 54 YEARS, 54. HAVE EXCLUSIVELY ALWAYS BEEN TRADITIONAL RETAIL AND OFFICE USES.

ONLY. ANY ON SITE INSPECTION OF THE RESIDENTIAL MIXED USE PROPERTY AT PETTIT SQUARE WOULD MAKE IT PAINFULLY OBVIOUS TO

[01:50:02]

WHY THE FRONT DOORS TO OUR HOMES, THE LIVING ROOM WINDOWS, THE BEDROOM WINDOWS, OKAY ARE ALL CONTAINED INSIDE OF AN OPENLY FACE. OUR INTERIOR.

TWO STORIES OF CONCRETE WALLS, ECHO CHAMBER, PRIVATE COURTYARDS, THE ONLY PLACE WE CAN GET IN AND OUT OF OUR HOMES.

PRIVATE COMMON AREA, WHICH NOW WILL BE THE FOCAL POINT OF ALL GYM TRAFFIC.

THE TENANTS BUSINESS PLAN, PROMOTED ON THEIR SOCIAL MEDIA ACCOUNTS, OUTLINED THEIR PLAN TO CONVERT OUR COMMON AREA COURTYARDS TO THEIR COMMERCIAL USE AS A PLACE TO JUST HANG OUT, SOCIALIZE, AND TO CONSUME THE FOOD AND BEVERAGE THEY PLAN TO SELL VIA THE PRESENCE OF AN INDEPENDENTLY OWNED COFFEE SHOP IN THEIR LEASED SPACE UNTIL THE CITY CAUGHT WIND OF THIS FOOD AND BEVERAGE USE, NOT DISCLOSED ON THEIR PERMIT APPLICATIONS.

PLEASE JUST IMAGINE IF ALL OF THIS WAS OCCURRING RIGHT UNDERNEATH YOUR HOMES, RIGHT OUTSIDE YOUR FRONT DOORS, LIVING ROOM WINDOWS, AND BEDROOM WINDOWS.

PLEASE, I PLEASE, I WANT YOU TO TAKE A MOMENT AND JUST PROCESS THAT, IF YOU WOULD.

WE EVEN ASK OUR NEW TENANTS TO IMAGINE IF THEY'RE WATCHING, TO IMAGINE ALL OF THIS FROM OUR OWN POINT OF VIEW, IF IT WAS THEIR HOME. AND PLEASE DON'T KID YOURSELVES, RIGHT? WITHOUT QUESTION, EVERY SINGLE ONE OF YOU WOULD BE STANDING RIGHT HERE, RIGHT WHERE WE ARE RIGHT NOW.

WE ARE NOT PEOPLE. I WANT TO LAY SOMETHING TO REST.

WE ARE NOT PEOPLE THAT BOUGHT A CONDOMINIUM ABOVE RESTAURANTS ON FIFTH AVENUE AND NOW COMPLAIN ABOUT THE NOISE.

THAT'S NOT WHO WE ARE. WE ARE PEOPLE WHO PURCHASED OUR HOMES AT PETTITT SQUARE IN THE 99.9999999% RESIDENTIAL NEIGHBORHOOD OF THE QUIET NEIGHBORHOOD OF SINGLE FAMILY HOMES IN AQUILINE SHORES, A BUILDING WITH AN EXCLUSIVE HISTORY OF TRADITIONAL AND RETAIL OFFICE USE. AS I'VE SAID, ALL SUBJECT TO ALL, SUBJECT TO UNUSUAL RELATIVE TO OTHERS.

BUT A PUBLIC DECLARATION OF RESTRICTIVE COVENANTS BETWEEN THE 250 OVER 50 OWNERS OF THE PROPERTY THAT IS RECORDED RIGHT ALONG WITH THE DEED IN THE LEGAL DESCRIPTION OF THE PROPERTY, A DOCUMENT WE FIRMLY BELIEVE PROHIBITS ANY SUCH CHANGES TO THE USE OF OUR PROPERTY WITHOUT THE CONSENT OF BOTH 50 OVER 50 OWNERS, WHICH WAS NEVER OBTAINED. YOU CAN READ THE AGREEMENT YOURSELVES.

I WOULD ENCOURAGE YOU TO DO IT. I ALSO WANT TO GO ON RECORD THAT ALL OF OUR RESIDENTS, ALL OF OUR RESIDENTS, WE ACTUALLY FEEL BADLY FOR THIS TENANT. SINCERELY, WE FEEL THEY WERE MISLED DURING THE LEASING PHASE REGARDING THE LIMITATIONS OF THE PROPERTY BASED ON THEIR OWN PROMOTIONS OF THEIR BUSINESS AND SOCIAL MEDIA, IT IS CLEAR THAT THEY HAD EXPECTED TO HAVE FAR GREATER ACCESS AND USE OF THE PROPERTY OR COMMON AREA, COURTYARDS, PARKING LOT, ETC.

THAN IS ALLOWED BY THE GOVERNING INSTRUMENTS.

WE DON'T FAULT THE TENANTS FOR ANY MISINFORMATION THEY MAY HAVE RECEIVED, OR THAT THEY ACTED ON DURING THEIR LEASE DISCUSSIONS AND NEGOTIATIONS.

WE DON'T FAULT THEM. WE FAULT THE CITY'S ASSESSMENT THAT SUCH AN INTENSE USE OF THE PROPERTY BELONGS IN PETTITT SQUARE.

IN THE PLANNING DEPARTMENT'S FEBRUARY 6TH MEMO, WHICH WE RECEIVED, THAT WAS SENT TO THE CITY MANAGER ATTEMPTING TO SUPPORT THEIR DECISION.

THEY ASSERT THAT THE PILATES GYM USE DESCRIBED ABOVE, QUOTE, TO BE A COMPARATIVE USE WITH SIMILAR INTENSITY.

THAT'S THOSE ARE THE WORDS IN THE CODE TO THE ONLY OTHER BUSINESSES LISTED UNDER PERSONAL SERVICES IN THE CODE ITSELF, SPECIFICALLY A BARBERSHOP OR A BEAUTY SALON. YET THE SPECIFIC GYMNASIUM THAT HAS GONE INTO OUR BUILDING AWAITING THEIR FINAL CERTIFICATE OF OCCUPANCY, THERE'S NOTHING STANDING IN THE WAY EXCEPT RECEIVING OCCUPATIONAL LICENSES FROM THE STATE OF FLORIDA BEFORE THEY OPEN FOR BUSINESS FORMALLY.

HERE ARE THE ATTRIBUTES OF THIS GYM. IT'S A HIGH TRAFFIC, OPEN ASSEMBLY GYMNASIUM IN A RESIDENTIAL MIXED USE BUILDING OFFERING WAYS OF LARGE GROUP CLASSES ALL DAY LONG, MOVING THROUGH OUR COMMON AREA COURTYARDS WITH A POWERFUL SOUND SYSTEM PROVEN TO BE CAPABLE OF SHAKING OUR ENTIRE BUILDING AND ALREADY HAS

[01:55:04]

ONE OF WHICH HAS ALREADY RESULTED IN A FORMAL CODE VIOLATION FROM THE CITY CODE ENFORCEMENT OF THE CITY OF NAPLES BEFORE THEY'VE OPENED FOR BUSINESS.

WHEN CODE ENFORCEMENT ARRIVED AT OUR PROPERTY TWICE ON FEBRUARY 4TH, THE TENANTS DID NOT EVEN ANSWER OR OPEN THE DOOR FOR CODE. ENFORCEMENT CAME THE FIRST TIME. WE FINALLY TURNED IT OFF WHEN I THINK THEY FLASHED THEIR BADGE THROUGH A LITTLE SPACE AND THEY SAW IT WAS THE CITY, SO THEY TURNED IT OFF. BILL. BRIAN DOYLE, LEFT, WENT RIGHT BACK ON, CALLED BRIAN DOYLE.

BOY. HE'S GOOD. HE CAME RIGHT BACK. HAD TO DO THE SAME THING.

KNOCKED ON THE DOORS. NO ONE ANSWERED THE DOOR.

HE FLASHED THE BADGE AGAIN, AND ONLY THEN DID THEY TURN OFF THE MUSIC.

THAT THAT IN THE BASE. I'VE. I'VE GOTTEN AN EDUCATION.

YOU KNOW WHAT? DECIBELS CAN BE DOWN HERE, AND THE BASE CAN ROCK YOUR BUILDING.

SO IT DOESN'T MATTER WHAT THE DECIBELS ARE. IT JUST DOESN'T MATTER.

SO ON THAT EVENING, I ARRIVED AT THE COLLISION UNIT.

RIGHT HERE. BOB AND JULIE. WITH THE MUSIC BLARING IN THE ENTIRE BUILDING VIBRATING.

I LIVE ON THE OTHER END. IT WAS VIBRATING AT MY END, AND I COULD HEAR THE MUSIC AT MY END, BUT I WALKED DOWN THERE. I WALK IN AND I FIND JULIE KALOUSTIAN IN TEARS IN HER OWN HOME. IN COMPLETELY UNLIVABLE CONDITIONS.

THE TENANT HAS SINCE CLAIMED THAT THESE WERE ONLY TESTS OF THEIR SOUND SYSTEM.

TESTS FOR FUTURE USE? AT WHAT LEVELS? THAT LEVEL? ANY LEVEL. THAT'S HALF OF THAT. A QUARTER OF THAT. WHAT'S THE ACCEPTABLE NOISE THAT WE SHOULD TOLERATE IN OUR OWN PRIVATE HOMES ALL DAY LONG. WHAT IS THAT LEVEL? AND BY THE WAY, I ACTUALLY HAVE A SUGGESTION.

I THINK THAT LEVEL SHOULD BE THE STANDARD THAT'S IN THE LEASE THAT THEY SIGNED, THAT THE TENANT HAD THEM SIGN, THAT THEY SENT A COPY TO US TO REVIEW, TO ASSURE US THAT THIS WAS ALL GOING TO BE OKAY.

YOU KNOW WHAT THAT STANDARD IS IN THE LEASE. NO NOISE, NO VIBRATION UP INTO THE UNITS.

SO IF THIS WAS A TEST, WHY NOT ANSWER THE DOOR AND EXPLAIN THAT TO CODE ENFORCEMENT? WHY NOT NOTIFY THE RESIDENTS THAT YOU'RE GOING TO BLAST THE BUILDING AND TURN IT UPSIDE DOWN? MAYBE. WHY NOT EVEN APOLOGIZE TO US? I THINK YOU GET THE PICTURE.

THE GYM HAS PREVIOUSLY ADVERTISED HOURS FROM 6 A.M.

TO 8 P.M., VIRTUALLY SEVEN DAYS A WEEK. AGAIN, IN OUR MIXED USE BUILDING.

VERY LIKELY OVERWHELMING THE CAPACITY OF OUR PARKING LOT.

OKAY. AND WE HAVE NO KNOWLEDGE OF ANY CITY APPROVED ANALYSIS OR ANY CITY APPROVED PARKING PLAN.

OKAY. DUE TO THE ACCESS TO THE BEACH AND THIRD STREET SOUTH AMENITIES FROM PETTIT SQUARE, MANY CUSTOMERS MAY WELL AVAIL THEMSELVES OF JUST HEADING OFF TO THE BEACH OR GOING TO THE RESTAURANTS FROM OUR PARKING LOT WHEN THE NEXT WAVE COMES IN FOR FOR GROUP CLASSES.

WE DON'T MAKE THIS UP. THIS IS ON THEIR SOCIAL MEDIA ACCOUNT. THAT'S WHAT THEY WERE PROMOTING. BUT THERE'S NO PARKING PLAN.

ALL DRIVING TRAFFIC NOISE, LOITERING CONCERNS WHICH WILL COMBINE TO ELIMINATE OUR PRIVACY, OUR SECURITY, AND THE USE AND ENJOYMENT OF OUR VERY OWN HOMES AND THE LARGE INVESTMENTS THAT WE HAVE IN THEM.

THIS IS THE BUSINESS USE. THE PLANNING DEPARTMENT OF THE CITY OF NAPLES HAS DETERMINED TO BE APPROPRIATE FOR PETTIT SQUARE, AND SIMILAR TO AND NO MORE INTENSE THAN, THAT OF A SIMPLE BARBERSHOP OR BEAUTY SHOP.

I WOULD LIKE TO NOW TURN YOUR ATTENTION BACK TO THE PLANNING DEPARTMENTS MEMO, WHICH, IRONICALLY, IS PERHAPS THE MOST HELPFUL MEMO IN RESOLVING ALL OF THIS.

THAT MEMO ASSERTS, AND I QUOTE, THIS COMPARATIVE USE AND SENSITIVITY ANALYSIS HAS BEEN CONSISTENTLY APPLIED THROUGHOUT THE CITY.

PLEASE SEE EXAMPLES OF PRIOR APPROVALS BELOW.

THE PLANNING DEPARTMENT THEN OFFERS 15 EXAMPLES, 15 OF GYM LOCATIONS TO PROVE AND SUPPORT.

THEY'VE BEEN CONSISTENT IN THE EXERCISE OF THEIR DISCRETION OF GYM USES ACROSS THE CITY.

AND GUESS WHAT? YOU'RE NOT GOING TO BELIEVE THIS.

THEY'VE BEEN CONSISTENT. VERY CONSISTENT. EXTREMELY CONSISTENT, EXCEPT IN

[02:00:07]

IT WAS A SATURDAY AND I PERSONALLY VISITED AND EXPECTED EVERY ONE OF THOSE 15 LOCATIONS.

HERE'S WHAT I FOUND. NONE OF THE 15 LOCATIONS WERE CITED WERE IN THE MORE RESTRICTIVE C-1 DISTRICT. NONE. 214 OF THE 15 CITED, 14 OF THE 15 WERE IN 100% COMMERCIAL USE BUILDINGS. 14 OF THE 15. 12 OF THE 15 WERE LOCATED IN 100% COMMERCIAL USE RETAIL STRIP CENTERS IN THE MOST CONCENTRATED COMMERCIAL AREA IN THE ENTIRE COUNTY ON US HIGHWAY 41.

TAMIAMI TRAIL NORTH, NOT NINTH STREET NORTH. THAT'S A EUPHEMISM.

WE'RE TALKING ABOUT US HIGHWAY 41 NORTH. 12 OF THE 15 TWO WERE IN 100% COMMERCIAL USE BUILDINGS ON EITHER CENTRAL AVENUE OR EIGHTH STREET SOUTH, AND ONLY ONE OF THE 15 WAS IN A RESIDENTIAL BUILDING ON CENTRAL AVENUE AND EIGHTH STREET, ONLY ONE, HOWEVER. HOWEVER, THE ONE EXCEPTION OF A GYM AND A MIXED USE BUILDING.

SHARE SHARES. ALMOST NOTHING IN COMMON WITH THIS GYM IS A ONE ON ONE PERSONAL TRAINING GYM, NOT WAVES OF GROUP CLASSES. I'VE BEEN BY THREE TIMES.

I HAVEN'T HEARD ANY MUSIC. EVEN WHEN PEOPLE ARE THERE, NONE.

WHETHER IT'S DUE TO SOUNDPROOFING OR THEY JUST DON'T DO IT, IT'S PRIVATE INSTRUCTION.

NO MUSIC, NO SOUND. IT'S IN A NEW BUILDING WITH THE GYM BOUNDED BY AN ALLEY ON ONE SIDE OF IT, THE WALL TO THE PARKING GARAGE ON THE OTHER, A BEAUTY SHOP AND EIGHTH STREET ACROSS CENTRAL AVENUE TO THE NORTH IS A GAS STATION, TO THE EAST IS A DRY CLEANER, TO THE SOUTH IS AN ALLEY.

BUT MOST IMPORTANTLY, THE NEW BUILDING WAS DESIGNED TO SEPARATE ALL RETAIL TRAFFIC BELOW FROM THE RESIDENTS ACCESS TO THEIR OWN PRIVATE HOMES AND THEIR OWN PRIVATE COMMON AREAS. ALL ACCESS TO THE RESIDENCES AND THEIR PRIVATE COMMON AREAS ARE FROM THE INSIDE OF THE PARKING GARAGE, WITH SECURE ACCESS VIA CARDS AND SECURITY FOBS OR CODES.

I KNOW THAT BECAUSE I TRIED TO GET IN. THANK YOU.

TRIED A COUPLE OF TIMES. OKAY. THE KINDS OF CRITICAL ATTRIBUTES THE PLANNING DEPARTMENT'S ANALYSIS OF WHATEVER IT WAS FAILED TO CONSIDER ALL OF THE ACTIONS TAKEN BY THE PLANNING DEPARTMENT IN THE MATTERS OF PETTITT SQUARE, WHETHER AUTHORIZED OR NOT, APPEAR TO HAVE ESTABLISHED A WHOLE NEW SERIES OF FIRSTS FOR THE PLANNING DEPARTMENT.

IT APPEARS TO BE THE VERY FIRST TIME THE CITY HAS APPROVED ANY GYM IN ANY COMPARABLE MIXED USE BUILDING IN THE ENTIRE CITY.

IT APPEARS TO BE THE VERY FIRST TIME THE CITY HAS APPROVED ANY GYM IN THE MORE RESTRICTIVE C-1 DISTRICT.

IT APPEARS TO BE THE VERY FIRST TIME THE CITY HAS APPROVED ANY GYM IN A 99.99% RESIDENTIAL, QUIET, SINGLE FAMILY HOME NEIGHBORHOOD IN OAKLAND SHORES, AND IT APPEARS TO CLEARLY BE THE VERY FIRST TIME THE CITY HAS VARIED OFF OF THE RESERVATION OF THEIR OWN PATTERNS AND PRECEDENTS OF PAST GYM USE AND APPROVALS IN THE CITY THAT HAVE CLEARLY BEEN FOCUSED ON 100% COMMERCIAL USE BUILDINGS AND COMMERCIAL AREAS. WE CAN ONLY THINK OF TWO LEGITIMATE REASONS FOR THIS QUESTION.

THE CITY PLANNING DEPARTMENT HAD INCOMPLETE INFORMATION ABOUT OUR PROPERTY, OR THEY HAD INCOMPLETE INFORMATION ABOUT THE ACTIVITIES AND USE OF THIS PARTICULAR GYM.

WE HAVE RECEIVED SOME SUPPORT FROM CITY COUNCIL MEMBERS, SOME OF WHOM HAVE JUST ENDED THEIR TERMS. WE'RE HOPING THE NEW COUNCIL MEMBERS WHO RAN AND WERE ELECTED ON A RESIDENTS FIRST PLATFORM WILL TAKE SERIOUS AND FAST NOTE OF ALL THIS.

THIS IS YOUR FIRST OPPORTUNITY TO MAKE A DIFFERENCE, TO DO THE RIGHT THING.

SIMPLY PUT, WE BELIEVE THE CITY STAFF MADE A MISTAKE.

THANK YOU. A MISTAKE. THAT'S IT, A MISTAKE. WHEN THEY FOUND THAT A PILATES STUDIO WITH A LOUD SOUND SYSTEM OFFERING GROUP CLASSES ALL DAY LONG, SEVEN DAYS A WEEK, IS A PERMISSIBLE USE IN A C-1 ZONING DISTRICT, WHICH IS SUPPOSED TO BE THE MORE MORE RESTRICTIVE OF USES THAN THE GENERAL AREA.

NEITHER A PILATES STUDIO OR GYM IS A LISTED USE.

AS A RESULT, UNDER THE CODE, THE STAFF WE BELIEVE SHOULD HAVE REQUIRED THE OWNERS TO APPLY FOR A CONDITIONAL USE PERMIT WITH A TRULY INDEPENDENT REVIEW BY THE PLANNING ADVISORY BOARD NOTICES ULTIMATELY COMING BACK TO YOU TO DETERMINE IF THIS USE WAS MORE INTENSE THAN OTHER USES ALLOWED IN THE DISTRICT.

WE CLEARLY BELIEVE THAT IT IS. I'M ALMOST FINISHED.

[02:05:02]

CITY STAFF CAN MAKE MISTAKES. WE ALL MAKE MISTAKES.

BUT THE CITY SHOULD ACKNOWLEDGE THE MISTAKE AND CORRECT IT NOW BY MAKING THE OWNERS APPLY FOR A CONDITIONAL USE PERMIT AND GO THROUGH THE PROCESS.

FAILURE TO DO SO IS JUST GOING TO COMPOUND THE MISTAKE AND MAKE LIFE MORE DIFFICULT FOR US, FOR EVEN OUR TENANTS AND THE CITY ITSELF. WE'RE ASKING THE CITY TO DO THE RIGHT THING BY NOT GRANTING THE FINAL CO, BECAUSE THE USE IS NOT A PERMITTED USE, AND THE REQUIREMENT OF THE CONDITIONAL USE PROCEDURE TO BE FOLLOWED.

THIS IS A PERFECT OPPORTUNITY FOR THE COUNCIL TO DO THE RIGHT THING FOR RESIDENTS.

AND IN OUR CASE, GIVEN OUR FACTS THAT WE JUST LAID OUT TO YOU, HONESTLY, THIS SHOULD BE A LAYUP.

BUT TIME IS OF THE ESSENCE. AFTER TWO MONTHS, THE CLOCK IS STILL TICKING FAST, SO I THANK YOU FOR YOUR TIME AND ATTENTION YOU'VE GIVEN US THIS MORNING, AND I DO HOPE TO COME BACK IN A FUTURE MEETING TO SINCERELY THANK YOU FOR TAKING THE ACTIONS NOW REQUIRED ACTIONS THAT ONLY THE CITY COUNCIL CAN NOW TAKE. THANK YOU, THANK YOU, THANK YOU FOR BEING HERE.

COUNCIL, I JUST WANT YOU TO KNOW THAT I DID GIVE THEM A EXTENDED BECAUSE THEY WOULD HAVE HAD 24 MINUTES IF EACH PERSON HAD SPOKEN, SO THEY CHOSE TO HAVE ONE SPOKESPERSON. I JUST DID.

DID YOU HAVE A COMMENT? NO. OKAY. I JUST. MR. MCCONNELL, ARE YOU FAMILIAR WITH THIS? VERY. OKAY.

THANK YOU. I KNOW THAT MR.. I WE DIDN'T GET A CHANCE TO TALK ABOUT THIS.

I KNOW THAT THE CITY MANAGER IS DID HIS DUE DILIGENCE BEFORE HE SCHEDULED HIS MEETING ON FRIDAY WITH STAFF AND WITH THE RESIDENTS. SO UNFORTUNATELY WE COULDN'T GET IT DONE BEFORE TODAY, SO I THINK IT WAS BENEFICIAL TO THE NEW COUNCIL MEMBERS. I DO JUST HAVE A QUESTION. MR. MCCONNELL, IF THERE WAS AN ADMINISTRATIVE APPROVAL, THERE IS A PROCESS IF WHATEVER THE REASON MIGHT BE, THAT THEY WOULD HAVE AN OPPORTUNITY TO APPEAL THE ADMINISTRATIVE DECISION. SAY THE KARATE STUDENT.

BECAUSE THIS WAS A IT'S A IT'S A VERY DIFFICULT QUESTION TO ANSWER BECAUSE I CAN'T GIVE RESIDENTS LEGAL ADVICE.

OKAY. SO GENERALLY SPEAKING, I'D HAVE TO LOOK INTO IT BECAUSE THEY'D BE A THEY'D BE A THIRD PARTY.

THEY WOULDN'T BE THE APPLICANT OR THE CITY, SO I'D HAVE TO LOOK INTO WHETHER THE CITY ALLOWS FOR THIRD PARTY ADMINISTRATIVE APPEALS.

THANK YOU. OKAY. WITH THAT COUNCIL, I, I HOPE THAT WE CAN HAVE THIS RESOLUTION TO A CLOSE.

AND IF WE HAVE FURTHER DISCUSSION, WE CAN DISCUSS IT IN CORRESPONDENCE AND COMMUNICATIONS. OKAY.

WITH THAT, THAT CLOSES PUBLIC COMMENT TAKING US TO THE APPROVAL OF THE CONSENT AGENDA.

ANY QUESTIONS? MINUTES. ANY ITEMS THAT NEED TO BE PULLED.

SEEING AND HEARING. NONE. THANK YOU FOR BEING HERE.

[APPROVAL OF CONSENT AGENDA]

KRULL. ALL IN FAVOR, SAY AYE. AYE. I OPPOSED.

OKAY. THANK YOU. COUNCIL. THAT TAKES US TO PUBLIC HEARINGS.

THERE ARE NONE. TAKES US TO THE REGULAR AGENDA ITEMS. NO, THERE WERE NOT CONSENT AGENDA ITEMS PULLED.

[15.A) A Resolution Pursuant To Section 56-125 Of The Code Of Ordinances Determining The Six Month Review Of Live Entertainment Petition 25-LE5 Approved By City Council Resolution 2025-15665 For Amplified Indoor Live Entertainment For Caffe Milano Restaurant On The Property Owned By Fifth Avenue South LLC, And Located At 800 5th Avenue South, More Fully Described Herein: Providing Findings And Conditions; And Providing An Effective Date.]

THANK YOU. MAYOR. 15 A RESOLUTION PURSUANT TO SECTION 50 6-1 25 OF THE CODE OF ORDINANCES DETERMINING THE SIX MONTH REVIEW OF LIVE ENTERTAINMENT PETITION 25 LA FIVE APPROVED BY CITY COUNCIL RESOLUTION 2020 5-15665 FOR AMPLIFIED INDOOR LIVE ENTERTAINMENT FOR CAFE MILANO RESTAURANT ON THE PROPERTY OWNED BY FIFTH AVENUE SOUTH LLC AND LOCATED AT 805TH AVENUE SOUTH. MORE FULLY DESCRIBED HEREIN, PROVIDING FINDINGS AND CONDITIONS AND PROVIDING AN EFFECTIVE DATE.

THANK YOU. MADAM CLERK, FOR ALL THOSE INTENDING TO OFFER TESTIMONY, 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? YES. THANK YOU. SO AT THIS TIME,

[02:10:01]

I HAD CONVERSATIONS WITH STAFF CRAMER. I TOO AM FAMILIAR WITH SITE, HAD CONVERSATIONS WITH STAFF.

SCHULTZ FAMILIAR WITH THE SITE, PENMAN WITH THE SITE, NO CONTACT, FAMILIAR WITH THE SITE, NO CONTACT AND I'M FAMILIAR WITH THE SITE. NO CONTACT WITH THAT.

DO WE HAVE A PETITIONER'S AGE? NO. WE'LL JUST THESE ARE JUST THE SIX MONTH UPDATE, SO GOT IT.

DO A REALLY BRIEF STAFF REPORT. THANK YOU. GOOD MORNING KIM.

CITY ENABLES PLANNING DEPARTMENT. MY RESUME AND QUALIFICATIONS ARE ON FILE.

THIS ITEM IS THE SIX MONTH REVIEW FOR THE LIVE ENTERTAINMENT PETITION 25 LA FIVE FOR CAFFÉ MILANO, LOCATED AT 805TH AVENUE SOUTH. ON AUGUST 20TH, 2025, CITY COUNCIL APPROVED RESOLUTION 2020 5-15665 GRANTING APPROVAL FOR LIVE ENTERTAINMENT FOR NO MORE THAN TWO ENTERTAINERS PLAYING INDOORS 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 P.M. ON FRIDAY AND SATURDAY FOR THE RESTAURANT KNOWN AS CAFFÉ MILANO, OWNED BY FIFTH AVENUE SOUTH LLC.

SECTION 56 120 5E7 OF THE CODE OF ORDINANCES REQUIRES CITY COUNCIL REVIEW, APPROXIMATELY SIX MONTHS AFTER THE APPROVAL OF LIVE ENTERTAINMENT ON JANUARY 16TH OF THIS YEAR, A TOTAL OF 368 LETTERS WERE MAILED TO ALL PROPERTY OWNERS WITHIN 1000FT OF THE SUBJECT PROPERTY.

STAFF HAVE RECEIVED NO CORRESPONDENCE REGARDING THIS PETITION, THE CITY OF NAPLES POLICE, FIRE AND CODE ENFORCEMENT DEPARTMENTS REVIEWED THE LIVE ENTERTAINMENT PETITION AND HAD NO REPORTS AT ALL.

POSITIVE OR NEGATIVE. STAFF FINDS THAT THE PETITION.

I'M SORRY THAT THIS REVIEW BE CONFIRMED PURSUANT TO SECTION 56 125 AND IS AVAILABLE FOR QUESTIONS.

THANK YOU. I WILL JUST ADD BRIEFLY BEFORE WE HAVE A MOTION.

I KNOW WE HAVE SPOKEN ABOUT THIS SIX MONTH REVIEW IN THE PAST.

THE FACT THAT THE WAY IT'S WRITTEN IN THE CODE IS THAT IS WHEN WE USE THE WORD REVIEW, THAT DOES MEAN THAT WE HAVE TO BRING IT TO YOU AS A FULL PETITION ITEM.

SO IT GOES THROUGH THE SAME PROCESS AS A FULL PETITION.

WE'VE TALKED TO COUNCIL ABOUT AMENDING THAT PROCESS. SO WE WILL BE BEFORE YOU IN APRIL AT THE APRIL WORKSHOP WITH SOME PROPOSED AMENDMENTS TO THE CODE, SO THAT IN THE INSTANCE OF A SIX MONTH REVIEW, WHERE THERE HAVE BEEN NO VIOLATIONS OR NO ISSUES WITH THAT PERMIT, IT COULD EITHER BE ON THE CONSENT AGENDA OR JUST A, YOU KNOW, AN UPDATE FOR YOU THAT WOULDN'T HAVE TO BE A FULLY NOTICED AND AGENDA FULL AGENDA ITEM. SO I JUST WANT TO PUT THAT ON YOUR RADAR.

THANK YOU. ARE THERE ANY QUESTIONS? COUNCIL? I DO NOT HAVE.

OH YES. VICE MAYOR. SORRY, JUST A PROCESS QUESTION.

SO I UNDERSTAND THERE WERE NO COMPLAINTS, NO ISSUES.

BUT DOES THE FIRE DEPARTMENT OR ANYONE GO DO LIKE A WALK THROUGH TO MAKE SURE THEY'RE STILL FOLLOWING THE LIFE SAFETY PLAN THAT WAS ORIGINALLY APPROVED? WE HAVE THE FIRE CHIEF HERE. THE FIRE DEPARTMENT DOES DO ANNUAL REVIEWS OF NOT SPECIFICALLY JUST FOR THIS, BUT THEY DO REVIEW BUILDINGS AND WOULD NOTE IF ANYTHING HAPPENED.

WHAT WE'RE REPORTING HERE ARE JUST THE IF THERE WERE ANY COMPLAINTS VIOLATIONS FROM EITHER CODE FIRE OR POLICE.

BUT THE FIRE DEPARTMENT IF IN A REGULAR REVIEW OF THAT BUILDING, IF THEY NOTICED ANYTHING OUT OF COMPLIANCE, WOULD PROVIDE THAT FOR EVERY INDOOR ENTERTAINMENT FACILITY.

THEY DON'T LOOK AT IT JUST FOR ENTERTAINMENT. NO, THEY DO REVIEW. THEY DO A LIFE SAFETY PLAN. THEY DO A REVIEW OF THE BUILDING FOR FIRE ALARMS, SMOKE DETECTORS, STUFF LIKE THAT. BUT THEN ALSO THERE ARE ANYTHING THAT DOESN'T HAVE AN APPROVED LIFE SAFETY PLAN.

THEY WOULD NOTICE ANYTHING OUT OF COMPLIANCE THERE. ALL RIGHT.

THANK YOU. GOOD QUESTION. THANK YOU. YES. FIRST OF ALL, I'D LIKE TO SAY I WANT TO JUST CLARIFY.

THERE WERE NO PUBLIC COMMENT. THANK YOU. FIRST OF ALL, I'D LIKE TO SAY I'M VERY HAPPY TO HEAR ABOUT THE POTENTIAL CHANGE TO THE CODE SO WE DON'T HAVE TO GO NECESSARILY GO THROUGH THIS PROCESS. ANYTHING THAT CAN HELP US WITH EFFICIENCY IS WONDERFUL.

I'D LIKE TO MAKE A MOTION TO APPROVE THE LIVE ENTERTAINMENT.

SIX MONTH REVIEW. LIVE ENTERTAINMENT PETITION FOR CAFE MILANO SECOND.

I HAVE A MOTION BY COUNCIL MEMBER BARTON AND A SECOND BY COUNCIL MEMBER CRAMER.

MADAM CLERK, PLEASE PULL THE COUNCIL. COUNCIL MEMBER.

SCHULTZ. YES. COUNCIL MEMBER. PENMAN. YES. VICE MAYOR.

BLANKENSHIP. YES. COUNCIL MEMBER. BARTON. YES.

COUNCIL MEMBER. CRAMER. YES. COUNCIL MEMBER. KRULL.

YES. MAYOR HEITMANN. YES. THANK YOU. PASSES UNANIMOUSLY.

[15.B) A Resolution Pursuant To Section 56-125 Of The Code Of Ordinances Determining The Six Month Review Of Live Entertainment Petition 25-LE6 Approved By City Council Resolution 2025-15666 For Amplified Indoor And Outdoor Live Entertainment For The Restaurant Known As BICE On The Property Owned By M-P Realty, LLC, And Located At 300 5th Avenue South, More Fully Described Herein: Providing Findings And Conditions; And Providing An Effective Date.]

[02:15:07]

MORE FULLY DESCRIBED HEREIN, PROVIDING FINDINGS AND CONDITIONS AND PROVIDING AN EFFECTIVE DATE. FOR ALL THOSE INTENDING TO OFFER TESTIMONY WHO WAS NOT PREVIOUSLY SWORN, PLEASE RISE AND RAISE YOUR RIGHT HAND. YEAH, SORRY I MESSED UP ON THAT ONE.

THERE'S NO NEED TO HAVE DISCLOSURES ON THIS. CORRECT.

WE SHOULD. OKAY. COUNCIL MEMBER CARL FAMILIAR WITH THE NOT TO TALK TO STAFF AND FAMILIAR WITH THE LOCATION NUMEROUS TIMES. FAMILIAR WITH THE SITE. SPOKE WITH STAFF.

I AM FAMILIAR WITH THE SITE AND SPOKE WITH STAFF AS WELL. COUNCILMEMBER SCHULTZ FAMILIAR WITH THE PROPERTY? GENTLEMEN FAMILIAR WITH THE SITE? NO CONTACT.

I'M FAMILIAR WITH THE SITE. NO CONTACT AND FAMILIAR WITH THE SITE.

NO CONTACT. KIM. KIM. CITY OF NAPLES PLANNING DEPARTMENT.

MY RESUME AND QUALIFICATIONS ARE STILL ON FILE.

THIS IS ANOTHER SIX MONTH REVIEW. THIS ONE IS FOR PETITION 25 LA SIX FOR THE RESTAURANT KNOWN AS BEACH.

LOCATED AT. LOCATED AT 305TH AVENUE SOUTH. ON AUGUST 20TH OF 2025, CITY COUNCIL APPROVED RESOLUTION 2020 5-15666 GRANTING APPROVAL FOR LIVE ENTERTAINMENT OF 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. SECTION 56 120 5E7 OF THE CODE OF ORDINANCES REQUIRES THE SIX MONTH REVIEW BY CITY COUNCIL.

THIS WAS OH, I'M SORRY. WE NOTICED A TOTAL OF 647 PROPERTIES.

JANUARY 16TH OF THIS PETITION COMING UP FOR REVIEW AND RECEIVED NO CORRESPONDENCE.

THE CITY OF NAPLES POLICE, FIRE DEPARTMENT AND CODE COMPLIANCE REPORTED THAT THERE WERE NO VIOLATIONS OR ISSUES WITH THIS LIVE ENTERTAINMENT PETITION AS WELL.

AND STAFF FINDS THAT THIS PETITION, THIS RESOLUTION SHOULD BE CONFIRMED.

WE'RE AVAILABLE FOR QUESTIONS. THANK YOU. COUNCIL.

ANY QUESTIONS? OKAY. I HAVE NO PUBLIC COMMENT.

I'LL MAKE A MOTION TO APPROVE. SECOND. I HAVE A MOTION BY COUNCIL MEMBER CARL.

AND FOR APPROVAL. AND A SECOND BY COUNCIL MEMBER PENMAN.

MADAM. CLERK. SORRY, MAYOR, IF I COULD. YES, SIR.

CAN THE MOTION JUST BE A LITTLE BIT MORE SPECIFIC AS TO WHAT WE'RE APPROVING? YES. THANK YOU. YOU'RE WELCOME.

COUNCIL MEMBER. CARL, YOU CAN JUST READ THE VERY PART OF THE RESOLUTION.

THE THE ITEM MAKE A MOTION TO APPROVE 15 B WHICH IS A RESOLUTION ON ORDINANCES.

PROVIDE A SIX MONTH REVIEW OF LIVE ENTERTAINMENT.

PETITION FOR BEACH. FOR BEACH. FOR THE RESTAURANT KNOWN AS BEACH, THE PROPERTY, OWNED BY MP REALTY LLC AND LOCATED AT 305TH AVENUE SOUTH. OKAY. SECOND REMAINS BY OR BY COUNCIL MEMBER BARTON.

MADAM CLERK, PLEASE CALL THE COUNCIL. COUNCIL MEMBER.

PENMAN. YES. COUNCIL MEMBER. KRAMER. YES. COUNCILMEMBER.

SCHULTZ. YES. VICE MAYOR. BLANKENSHIP. YES. COUNCIL MEMBER.

BARTON. YES. COUNCIL MEMBER. KRULL. YES. MAYOR.

HEITMANN. YES. THANK YOU. COUNCIL PASSES UNANIMOUSLY TO 15 C MITCH MCCONNELL.

[15.C) Continued to the March 18, 2026 City Council Meeting.   A Resolution Determining Live Entertainment Petition 26-LE3 Establishing Amplified Outdoor Live Entertainment 7 Days Per Week in Multiple Locations on Private Property Pursuant to Section 56-125 of the Code of Ordinances, for the Naples Beach Club Owned by Naples Beach Club Land Trust Trustee, LLC, a Delaware Limited Liability Company, Naples Beach Club Owner, LLC, a Delaware Limited Liability Company, and Naples Beach Club Phase II and III Land Trust Trustee, LLC, a Delaware Limited Liability Company, and Located at 801, 802, 811, 891, 896, and 898 Gulf Shore Boulevard North, More Fully Described Herein; Providing for Scrivener's Errors; Providing Findings and Conditions; and Providing an Effective Date. ]

AND NAPLES BEACH CLUB PHASE TWO AND THREE LAND TRUST TRUSTEE, LLC, A DELAWARE LIMITED LIABILITY COMPANY AND LOCATED AT 801802811891896 AND 898 GULF SHORE BOULEVARD NORTH MORE FULLY DESCRIBED HEREIN, PROVIDING PRESCRIPTIONS, ERRORS, PROVIDING FINDINGS AND CONDITIONS, AND PROVIDING AN EFFECTIVE DATE. THANK YOU.

AND WE ARE ASKING FOR A MOTION TO CONTINUE THIS ITEM TO THE MARCH 18TH, 2026 CITY COUNCIL MEETING.

SO WE WOULD NOT BE HEARING THAT ITEM TODAY, BUT WE DO NEED A MOTION DUE TO THE NOTICING REQUIREMENT.

COUNCILMAN COUNCIL. YES, I'D LIKE TO MAKE A MOTION TO CONTINUE THIS ITEM TO THE MARCH.

YOU SAID 1818 CITY COUNCIL MEETING. SECOND. DO YOU WANT THE CLARIFICATION OF THE.

[02:20:06]

I JUST WANTED CLARITY ON WHICH ONE WE HEARD LAST TIME, WHETHER IT WAS OUTDOOR OR INDOOR.

WELL IT WAS CONTINUED. THE OUTDOOR WAS CONTINUED LAST TIME.

OKAY. WE HAVE NOT MADE A DETERMINATION ON EITHER OF THESE OKAY ITEMS. SO THEN YEAH, MAYOR FOR 15 C, WHICH IS OUTDOOR, I WOULD JUST FOR THE RECORD REQUEST THAT THE APPLICANT RE.

THE INTERESTING THING ABOUT THAT IS THAT WE WOULD HAVE TO DO THAT TODAY. I, I OKAY I, I'M JUST MAKING A SUGGESTION I THINK CONTINUING TO A DATE CERTAIN TWICE I DON'T KNOW I JUST WANT TO I'M A BIG DUE PROCESS PERSON.

I THINK THAT THE PUBLIC SHOULD BE MADE AWARE OF WHAT'S HAPPENING.

THEY SHOULD HAVE BEEN READY TODAY. THEY WEREN'T. THEY SHOULD RE-ADVERTISE MY OPINION AND THE DIFFICULTY FOR RE ADVERTISING TODAY.

MISS MARTIN, WE DON'T. THAT NOTICE IS DONE THROUGH A THIRD PARTY AND SO IT WOULD REQUIRE WE'RE TALKING THOUSANDS OF LETTERS THAT WOULD GO OUT FOR THESE TWO ITEMS. SO WE WOULD HAVE TO OBTAIN THE ADDRESSES, PREPARE THE LETTERS AND THEN COORDINATE WITH OUR THIRD PARTY TO SEND OUT THAT MAILING.

THAT'S USUALLY A THREE DAY LEAD PROCESS. I BELIEVE DUE PROCESS IS WHAT THE CITY ATTORNEY IS RECOMMENDING AND I WOULD I WOULD RECOMMEND THE SAME. SO THAT WOULD CHANGE THE DATE TO MARCH.

IT WOULD BE THE FIRST MEETING OF APRIL. WOULD BE THE FIRST.

IS THE NEXT MEETING IN APRIL. OKAY. JUST A SUGGESTION, NOT A REQUIREMENT.

I JUST COMMENTS OR DISCUSSION. YEAH.

OKAY. YEAH I'LL SUPPORT THAT. SO ANY FURTHER DISCUSSION? COUNCIL MEMBER KRAMER. I TRUST OUR CITY ATTORNEY.

AND UPON HIS RECOMMENDATION, I'D LIKE TO CHANGE MY MOTION.

AND I WOULD LIKE TO CONTINUE THIS ITEM UNTIL THE APRIL 1ST MEETING.

AND IN ORDER FOR IT TO BE NOTICED. THE PETITIONER'S AGENT IS HERE.

I THINK HE WOULD LIKE TO SPEAK. MAKE A MOTION.

YES. YEAH. YES. WELL, IT'S UP TO YOU. OH, YES.

I'M SORRY, I WAS CLARIFYING. THANK YOU, MADAM MAYOR.

CITY COUNCIL. CLAY BROOKER WITH THE LAW FIRM OF CHAFEE PASSIDOMO.

I WAS NOT HERE TO TALK ABOUT THIS ITEM BECAUSE, AS WE UNDERSTOOD IT.

TO BE CONTINUED, THERE ARE TWO SEPARATE PETITIONS, AN INDOOR PERSON AND AN OUTDOOR PORTION.

IF WE ARE GOING TO BE PUSHING TO THE FIRST MEETING OF APRIL, I WANT IT TO BE CLEAR ON THE RECORD THAT BOTH OF THOSE INDOOR AND OUTDOOR ARE BEING PUSHED TO APRIL. OKAY. THANK YOU. WOULD REQUIRE THE NEXT AGENDA ITEM WOULD BE FOR THE INDOOR PORTION.

THANK YOU FOR THAT CLARIFICATION. AND I WOULD SAY THAT WAS MY ASSUMPTION WHEN I MADE THE MOTION, MADAM MAYOR. YES. I JUST WANT TO GO ON RECORD BECAUSE AT THE LAST, WITH THE PREVIOUS COUNCIL, I WENT ON RECORD RELATED TO MY APPROACH TO ASSISTING THE BEACH CLUB, PROVIDED ALL LIFE SAFETY ISSUES ARE IN PLACE TO WORK WITH THEM REGARDING ENTERTAINMENT OPPORTUNITIES, AND WE HAVE BEEN WORKING WITH THEM SINCE DECEMBER TO NOT PROHIBIT, BUT TO HAVE A LISTING OF THEM. AND PROVIDED THEY MEET ALL LIFE SAFETY REQUIREMENTS, WE HAVE BEEN ACCOMMODATING TO EACH OTHER AND I IT WOULD BE MY INTENT TO CONTINUE THAT TO TO WORK WITH THIS INDIVIDUAL.

SO THANK YOU. FURTHER DISCUSSION. OH WAIT. I HAVE A MOTION BY COUNCIL MEMBER KRAMER AND A SECOND BY COUNCIL MEMBER BARTON.

MADAM CLERK, PLEASE PULL THE COUNCIL. COUNCIL MEMBER KRULL.

YES. COUNCIL MEMBER. KRAMER. YES. COUNCILMEMBER.

SCHULTZ. YES. COUNCIL MEMBER. PENMAN. YES. VICE MAYOR.

BLANKENSHIP. YES. COUNCIL MEMBER. BARTON. YES.

MAYOR. HARTMAN. YES. PASSES UNANIMOUSLY. THANK YOU.

[15.D) Continued to the March 18, 2026 City Council Meeting.   A Resolution Determining Live Entertainment Petition 26-LE4 Establishing Amplified Indoor Live Entertainment 7 Days Per Week in Multiple Locations on Private Property Pursuant to Section 56-125 of the Code of Ordinances, for the Naples Beach Club Owned by Naples Beach Club Land Trust Trustee, LLC, a Delaware Limited Liability Company, Naples Beach Club Owner, LLC, a Delaware Limited Liability Company, and Naples Beach Club Phase II and III Land Trust Trustee, LLC, a Delaware Limited Liability Company, and Located at 801, 802, 811, 891, 896, and 898 Gulf Shore Boulevard North, More Fully Described Herein; Providing for Scrivener's Errors; Providing Findings and Conditions; and Providing an Effective Date. ]

RESOLUTION DETERMINING LIVE ENTERTAINMENT PETITION 26. LEE FOR ESTABLISHING AMPLIFIED INDOOR LIVE ENTERTAINMENT SEVEN DAYS PER WEEK IN MULTIPLE LOCATIONS ON PRIVATE PROPERTY PURSUANT TO SECTION 50 6-1 25 OF THE CODE OF ORDINANCES FOR THE NAPLES BEACH CLUB, OWNED BY NAPLES BEACH CLUB LAND TRUST.

TRUSTEE LLC, A DELAWARE LIMITED LIABILITY COMPANY NAPLES BEACH CLUB OWNER LLC, A DELAWARE LIMITED LIABILITY COMPANY IN NAPLES.

BEACH CLUB PHASE TWO AND THREE LAND TRUST TRUSTEE, LLC, A DELAWARE LIMITED LIABILITY COMPANY AND LOCATED AT 801802811891896 AND 898 GULF SHORE BOULEVARD NORTH MORE FULLY DESCRIBED HEREIN, PROVIDING FOR SCRIVENER'S ERRORS, PROVIDING FINDINGS AND CONDITIONS, AND PROVIDING AN EFFECTIVE DATE. AND THIS IS THE INDOOR PORTION OF THAT LIVE ENTERTAINMENT PERMIT FOR THE NAPLES BEACH CLUB.

[02:25:02]

THANK YOU. FURTHER DISCUSSION A MOTION. MAYOR, I'D LIKE TO MOVE THAT WE CONTINUE THIS ITEM TO THE APRIL 1ST MEETING AND WITH THE CONDITION THAT IT BE NOTICED AS WELL.

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

MADAM CLERK, PLEASE CALL THE COUNCIL. COUNCIL MEMBER.

KRAMER. KRAMER. KRAMER. SORRY. YES. VICE MAYOR.

BLANKENSHIP. YES. COUNCIL MEMBER. KRULL. YES.

COUNCIL MEMBER. BURTON. YES. COUNCILMEMBER. SCHULTZ.

YES. COUNCIL MEMBER. PENMAN. YES. MAYOR. HARTMAN.

YES. THANK YOU. COUNCIL PASSES UNANIMOUSLY. THAT TAKES US TO 11 E.

[15.E) Continued to the March 18, 2026, City Council Meeting.   A Resolution Determining Outdoor Dining Petition 26-OD1 Establishing Outdoor Dining on Private Property to Include Four (4) Tables and Sixteen (16) Chairs for the Restaurant Known as Rosati's Pizza on Property Owned by OCD, LLC, and Located at 818 Neapolitan Way, More Fully Described Herein; Providing Findings and Conditions; Providing for Scrivener's Errors; and Providing an Effective Date.]

15 E RESOLUTION DETERMINING OUTDOOR OUTDOOR DINING PETITION 2601.

ESTABLISHING OUTDOOR DINING ON PRIVATE PROPERTY TO INCLUDE FOUR TABLES AND 16 CHAIRS FOR THE RESTAURANT KNOWN AS ROSATI'S PIZZA, ON PROPERTY OWNED BY OCD, LLC AND LOCATED AT 818 NEAPOLITAN, WAY MORE FULLY DESCRIBED HEREIN, PROVIDING FINDINGS AND CONDITIONS, PROVIDING FOR SCRIVENER'S ERRORS, AND PROVIDING AN EFFECTIVE DATE. WE ARE ALSO ASKING THAT THIS BE CONTINUED.

THIS IS THE FIRST CONTINUANCE AND THIS IS A STAFF REQUEST TO CONTINUE THIS ITEM.

WE JUST WEREN'T ABLE TO OBTAIN THE CORRECT DOCUMENTS IN ORDER TO MAKE THIS A COMPLETE ITEM FOR YOU TODAY.

SO WORKING WITH THE PETITIONER, WE NEED A LITTLE MORE TIME WITH THEM.

AND SO WE'RE ASKING THAT THIS BE CONTINUED TO THE MARCH 18TH, 2026 CITY COUNCIL MEETING.

THANK YOU. COUNCIL ANY MOTION. MAYOR, I'D LIKE TO I WOULD LIKE TO MOVE THAT WE MOVE THIS ITEM TO THE MARCH 18TH, 2026 MEETING.

SECOND, I HAVE A MOTION BY COUNCIL MEMBER KRAMER TO CONTINUE AND A SECOND BY COUNCILMEMBER BARTON.

MADAM CLERK, PLEASE CALL THE COUNCIL. COUNCILMEMBER.

BARTON. YES. COUNCILMEMBER. CRAMER. YES. COUNCILMEMBER.

PENNIMAN. YES. COUNCILMEMBER. SCHULTZ. YES. COUNCILMEMBER.

CROW. YES. VICE MAYOR. BLANKENSHIP. YES. MAYOR.

HARTMAN. YES. THANK YOU. PASSES UNANIMOUSLY GOING TO ITEM

[15.F) A Resolution Determining Live Entertainment Petition 25-LE7, Pursuant to Section 56-125 of the Code of Ordinances, to Allow for Amplified Indoor (With Doors and Windows Closed) Live Entertainment Thursday and Friday from 5:00 p.m. to 12:00 a.m., Saturday from 10:00 a.m. to 3:00 p.m. and from 5:00 p.m. to 12:00 a.m., Sunday from 10:00 a.m. to 3:00 p.m. and from 5:00 p.m. to 11:30 p.m. for the Restaurant Known as Prime Social Reserve (Previously Approved as Prime Social) in the Fifth Avenue South Special Overlay District on the Property Owned by 5th Ave South Investments, LLC, a Florida Limited Liability Company, and Located at 837 5th Avenue South, More Fully Described Herein; Providing for Scrivener's Errors; Providing Findings and Conditions; and Providing an Effective Date.]

TO 12 A.M.. SATURDAY FROM 10 A.M. TO 3 P.M. AND FROM 5 P.M.

TO 12 A.M. SUNDAY FROM 10 A.M. TO 3 P.M. AND FROM 5 P.M.

TO 11:30 P.M. FOR THE RESTAURANT KNOWN AS PRIME SOCIAL RESERVE.

PREVIOUSLY APPROVED AS PRIME SOCIAL IN THE FIFTH AVENUE SOUTH SPECIAL OVERLAY DISTRICT ON THE PROPERTY OWNED BY FIFTH AVENUE SOUTH INVESTMENTS LLC, A LIMITED LIABILITY COMPANY, AND LOCATED AT 837 FIFTH AVENUE SOUTH.

MORE FULLY DESCRIBED HEREIN, PROVIDING FOR SCRIVENER'S ERRORS, PROVIDING FINDINGS AND CONDITIONS, AND PROVIDING AN EFFECTIVE DATE. THOSE INTENDING TO OFFER TESTIMONY WHO WERE NOT PREVIOUSLY SWORN, 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? THANK YOU.

COUNCIL DISCLOSURES I'LL START WITH COUNCIL MEMBER SCHULTZ FAMILIAR WITH THE PROPERTY.

NO CONTACT. FAMILIAR WITH THE PROPERTY. NO CONTACT.

VICE MAYOR. I'M FAMILIAR WITH THE PROPERTY. FROM OUR EXTENSIVE DISCUSSIONS AND TOURS A FEW YEARS AGO I DID HAVE A BRIEF DISCUSSION WITH A COUPLE OF RESIDENTS ABOUT THIS REQUEST AND CITY STAFF, AND MET THE PETITIONER'S REPRESENTATIVE BRIEFLY DURING THE RECEPTION EARLIER TODAY. COUNCIL MEMBER KRAMER.

I'M FAMILIAR WITH THE PROPERTY. I'VE EMAILED RESPONDED TO THE PETITIONER THAT I DO NOT NEED.

I'VE BEEN THERE. I DON'T NEED TO SEE IT AGAIN. AND SPOKE WITH STAFF ABOUT THIS.

PARDON? I AM FAMILIAR WITH THE SITE. I HAD CONVERSATIONS WITH STAFF ON THIS, AND I NEED TO DISCLOSE THAT I AM A PART OF THE RESTAURANT'S VIP ACCESS PROGRAM. YEAH. WE CAN GO THROUGH. LET ME JUST FINISH.

CARL COUNCIL MEMBER. YEAH. VERY FAMILIAR WITH THE SITE.

HAD NO CONTACT WITH ANYBODY THERE. OKAY. AND I'M FAMILIAR WITH THE SITE, AND I'VE HAD NO CONTACT.

MR. MCCONNELL, DID YOU WANT TO. JUST A FEW QUESTIONS FOR THE RECORD, IF YOU IF I MAY.

THANK YOU. MAYOR. COUNCILMEMBER BARTON, CAN YOU BE IMPARTIAL IN YOUR DECISION MAKING TODAY?

[02:30:05]

NO. THANK YOU. THANK YOU. AND WITH THAT. GOOD MORNING, MR. BARKER. YES. GOOD MORNING, MAYOR. CITY COUNCIL.

CONGRATULATIONS ON YOUR ELECTION, MR. SCHULTZ. MR. BLANKENSHIP, MR. KROLL, AND CONGRATULATIONS TO YOU AGAIN, MR. BLANKENSHIP, ON BEING OUR NEW VICE MAYOR. MY NAME IS CLAY BROOKER.

I'M WITH THE LAW FIRM OF CHAFEE PASSIDOMO, 820 ONE FIFTH AVENUE SOUTH.

AND I REPRESENT PRIME SOCIAL NAPLES, LLC. THE APPLICANT FOR LIVE ENTERTAINMENT APPROVAL AT PRIME SOCIAL RESERVE, THE ROOFTOP RESTAURANT LOCATED AT 837 FIFTH AVENUE SOUTH.

I AM HERE TODAY WITH RICK GIANNASI, THE GENERAL MANAGER OF PRIME SOCIAL, AND MARK MCCLAIN OF MHK ARCHITECTURE, WHO WILL TAKE YOU THROUGH THE SITE PLAN DETAILS OF THE APPLICATION IN JUST A MOMENT.

BEFORE HE DOES SO, HOWEVER, I'D LIKE TO PROVIDE A LITTLE HISTORICAL CONTEXT OF PRIME SOCIAL, ESPECIALLY FOR THOSE NEW TO COUNCIL. AS I MENTIONED, PRIME SOCIAL IS A ROOFTOP RESTAURANT SITTING ATOP THE BUILDING, WHICH HOUSES, AMONG OTHER BUSINESSES, CHOP CITY GRILL.

PRIOR TO 2021, ROOFTOP RESTAURANTS WERE NOT PERMITTED ON FIFTH AVENUE SOUTH.

HOWEVER, IN JUNE OF THAT YEAR, AS THIS TIMELINE SHOWS, THE CITY COUNCIL REVISED THE FIFTH AVENUE SOUTH SPECIAL OVERLAY ZONING DISTRICT TO ALLOW ROOFTOP RESTAURANTS WITH CERTAIN RESTRICTIONS.

FIRST, THEY MUST BE WITHIN THE 800 BLOCK OF FIFTH AVENUE SOUTH, THAT IS, BETWEEN 41 AND EIGHTH STREET.

SECOND, THEY MUST BE NO LESS THAN 500FT FROM RESIDENTIALLY ZONED PROPERTY.

AND THIRD, THEY MUST COMPLY WITH THE CITY'S CHART CHARTER.

HEIGHT MAXIMUM OF 42FT. ANY SUCH RESTAURANT MUST BE APPROVED BY CITY COUNCIL THROUGH THE CONDITIONAL USE PROCESS.

A LITTLE MORE THAN TWO YEARS LATER, AFTER THAT CODE CHANGE IN SEPTEMBER OF 2023, AS THE TIMELINE SHOWS, AFTER PUBLIC HEARINGS BEFORE THE PLANNING ADVISORY BOARD AND CITY COUNCIL.

PRIME SOCIAL WAS APPROVED. THE RESTAURANT INCLUDES BOTH INDOOR AND OUTDOOR ELEMENTS, PICTURES OF WHICH I'LL SHOW YOU IN A MOMENT.

OUTDOOR DINING REQUIRES SEPARATE COUNCIL APPROVAL, SO APPROVAL FOR THE OUTDOOR DINING ELEMENT OF THE RESTAURANT WAS OBTAINED SIMULTANEOUSLY WITH THE OVERALL CONDITIONAL USE APPROVAL FOR THE RESTAURANT.

FINALLY, THE CITY'S CODE ALSO REQUIRES PARKING FOR THE INDOOR PORTIONS OF RESTAURANTS IN THE SPECIAL OVERLAY DISTRICT.

ONE WAY TO PARK RESTAURANTS ON FIFTH AVENUE SOUTH IS THROUGH A PARKING ALLOCATION APPROVAL, BY WHICH COUNCIL MAY APPROVE THE PURCHASE OF PARKING SPACES WITHIN THE CITY'S PARKING GARAGES AT THE CURRENT COST OF APPROXIMATELY $42,000 PER SPACE PAYABLE AT THE TIME OF ISSUANCE OF THE CEO CERTIFICATE OF OCCUPANCY.

THOSE FUNDS ARE PLACED INTO THE CITY'S PARKING TRUST FUND FOR USE BY THE CITY IN IMPROVING AND ENHANCING THE PARKING IN AND AROUND FIFTH AVENUE SOUTH.

SO ON THE SAME DAY IN SEPTEMBER 2023, THAT WE OBTAINED CONDITIONAL USE APPROVAL AND THE OUTDOOR DINING APPROVAL, WE ALSO OR COUNCIL ALSO APPROVED A PARKING GARAGE ALLOCATION FOR 20 FOR UP TO 24 SPACES.

THOSE SPACES WERE MORE THAN WHAT WAS REQUIRED FOR THE INDOOR PORTION OF THE RESTAURANT.

ALTHOUGH THE OVERLAY ZONING DISTRICT DOES NOT REQUIRE PARKING FOR OUTDOOR PORTIONS OF RESTAURANTS, PRIME SOCIAL, AS A GESTURE OF GOODWILL, INCLUDED THE OUTDOOR PORTION OF ITS RESTAURANT IN THE PARKING CALCULATIONS.

THEREFORE, BOTH THE INDOOR AND OUTDOOR PORTIONS OF PRIME SOCIAL HAVE BEEN PARKED DURING THE NEXT TWO YEARS.

THE ARCHITECTS AND BUILDING CONTRACTORS WENT TO WORK HONING THE DETAILS OF THE RESTAURANT, AFTER WHICH CONSTRUCTION COMMENCED. THAT HONING PROCESS RESULTED IN SOME OF THE PREVIOUSLY APPROVED OUTDOOR DINING SPACE BEING CONVERTED TO OTHER PURPOSES, INCLUDING MECHANICAL NEEDS OF THE RESTAURANT.

BECAUSE THE APPROVED OUTDOOR DINING SPACE HAD CHANGED, THE RESTAURANT CAME BACK BEFORE COUNCIL FOR APPROVAL OF THE REDUCED OUTDOOR DINING SPACE.

THAT APPROVAL AGAIN, AS THE TIMELINE BEFORE YOU SHOWS, WAS GRANTED IN SEPTEMBER OF 2025, ROUGHLY FIVE MONTHS AGO OR SO.

TWO MONTHS LATER, IN NOVEMBER OF 2025, THE DOORS OF PRIME SOCIAL OPENED AND LIKE THE OTHER TWO RESTAURANTS OPERATED BY THE CAMERON MITCHELL RESTAURANT GROUP ON FIFTH AVENUE, THOSE BEING OCEAN PRIME AND DEL MAR PRIME SOCIAL HAS BEEN A SUCCESS.

THE PATRONS LOVE THE RESTAURANT AND ITS AMBIANCE, WITH ONE NOTED EXCEPTION LIVE ENTERTAINMENT OR SHOULD I SAY, THE ABSENCE OF LIVE ENTERTAINMENT? MANY OF THE RESTAURANTS UP AND DOWN FIFTH AVENUE OFFER LIVE ENTERTAINMENT,

[02:35:06]

LIVE ENTERTAINMENT, WHETHER INDOORS OR OUTDOORS, REQUIRES CITY COUNCIL APPROVAL.

HENCE THE APPLICATION BEFORE YOU TODAY.

PRIME SOCIAL IS REQUESTING APPROVAL FOR INDOOR LIVE ENTERTAINMENT ONLY.

THIS IS IMPORTANT BECAUSE THE CODE REQUIRES A BIT MORE SCRUTINY FOR PROPOSED OUTDOOR LIVE ENTERTAINMENT, LARGELY DUE TO THE POTENTIAL SOUND IMPACTS TO NEIGHBORS.

THE APPLICATION BEFORE YOU TODAY DOES NOT REQUEST OUTDOOR LIVE ENTERTAINMENT.

THE CITY'S CODE CONTAINS STANDARD CONDITIONS OF APPROVAL FOR LIVE ENTERTAINMENT.

THESE ARE STANDARD CONDITIONS OF APPROVAL UNLESS WAIVED BY CITY COUNCIL.

BUT YOU'LL SEE, FOR A MAJORITY OF THE LIVE ENTERTAINMENT PETITIONS APPROVED BY CITY COUNCIL.

MANY OF THESE CONDITIONS ARE SIMPLY ADOPTED AND INCORPORATED INTO THE APPROVAL.

EACH OF THESE CONDITIONS THAT YOU SEE BEFORE YOU ARE SATISFIED BY THE APPLICATION BEFORE YOU TODAY.

FOR EXAMPLE, NUMBER ONE, ALL DOORS AND WINDOWS FOR INDOOR LIVE ENTERTAINMENT MUST BE CLOSED DURING PERFORMANCES.

WE HAVE AGREED TO DO SO AND IT IS A CONDITION IN THE DRAFT RESOLUTION.

THE SOUND CREATED BY THE LIVE ENTERTAINMENT MUST COMPLY WITH THE CITY'S NOISE ORDINANCE, AND WE HAVE AGREED IN THAT RESPECT TO REQUIRE THE PERFORMERS TO PLUG INTO THE RESTAURANTS IN-HOUSE SYSTEM, THE SPEAKERS IN-HOUSE, THE VOLUME CONTROLS OF WHICH ARE MANAGED AND ACCESSED SOLELY AND EXCLUSIVELY BY THE GENERAL MANAGER, WHO WILL CONTINUALLY MONITOR THE SOUND DECIBELS, THE TO MAKE SURE THE THE NOISE CONTROL ORDINANCE IS SATISFIED OR HONORED.

THE HOURS NUMBER FOUR, NUMBER THREE, YOU SEE, IS DOTTED OUT.

THAT'S BECAUSE THAT APPLIES TO OUTDOOR DINING, OUTDOOR LIVE ENTERTAINMENT.

AND WE'RE NOT APPLYING FOR THAT. NUMBER FOUR, THE HOURS, THE STANDARD CONDITIONS FOR HOURS ARE NOT PAST 1130 SUNDAY THROUGH WEDNESDAY AND NOT PAST MIDNIGHT, THURSDAY THROUGH SATURDAY.

WE COMPLY WITH THAT REQUEST AS WELL. WE'RE NOT EVEN ASKING FOR MONDAY THROUGH WEDNESDAY, BUT I'LL GET TO THAT IN A MINUTE.

NUMBER FIVE, OUTDOOR LIVE ENTERTAINMENT MAY GO ON NEW YEAR'S EVE.

INDOORS UNTIL 2 A.M., THE STANDARD CONDITION AND THEN NUMBER SEVEN, CITY COUNCIL WILL REVIEW ALL NEW PERMITS AFTER SIX MONTHS.

AND THE COUNCIL JUST TODAY WENT THROUGH TWO OF THOSE.

SO WHAT ARE WE PROPOSING? WE ARE PROPOSING TWO ALTERNATE INDOOR LOCATIONS.

THREE FEET BY FIVE FEET. ENOUGH FOR ONE PERFORMER.

ONE PERFORMER ONLY PER LOCATION, AND ONLY ONE LOCATION WILL BE ACTIVE AT ANY GIVEN TIME.

MR. MCLEAN WILL SHOW YOU THE EXACT LOCATIONS ON THE SITE PLAN IN A MOMENT.

HERE ARE THE PROPOSED DAYS AND HOURS OF OPERATION OF THE OF THE INDOOR LIVE ENTERTAINMENT.

FIRST NOTE WE ARE NOT REQUESTING PERMISSION FOR LIVE ENTERTAINMENT ON MONDAY, TUESDAY OR WEDNESDAY.

ON THURSDAY, FRIDAY AND SATURDAY WE ARE REQUESTING UNTIL MIDNIGHT AND ON SUNDAY UNTIL 11:30 P.M..

AGAIN, THAT'S RIGHT IN LINE WITH THE CONDITIONS, THE STANDARD CONDITIONS IN THE CODE.

THE ONLY THING MISSING FROM THIS PAGE IS NEW YEAR'S EVE.

WE SIMPLY FORGOT TO INCLUDE IT IN OUR APPLICATION.

SO IF THE COUNCIL IS WILLING, WE'D LIKE TO INCLUDE IN OUR REQUEST THE PERMISSION TO HAVE INDOOR LIVE ENTERTAINMENT ON NEW YEAR'S EVE, WHATEVER DAY DURING THE WEEK THAT MAY FALL UNTIL 1 A.M..

THE CODE ALLOWS A STANDARD CONDITIONS UNTIL 2 A.M.

FOR LIVE INDOOR ENTERTAINMENT. WE WOULD RESPECTFULLY REQUEST THAT JUST UNTIL 1 A.M.

ON NEW YEAR'S EVE, ON WHATEVER DAY OF THE WEEK THAT MAY FOLLOW OR MAY FALL.

AND IF THE COUNCIL IS WILLING TO ACCEPT THAT ADDITIONAL REQUEST HERE TODAY.

THAT CAN BE INCLUDED IN THE RESOLUTION LANGUAGE.

BEFORE MR. MCLEAN COMES UP TO SHOW YOU THE DETAILS OF THE SITE PLAN.

I'D LIKE TO TAKE YOU THROUGH A PICTURE TOUR OF THE RESTAURANT.

I THINK IT WILL HELP YOU VISUALIZE AND CONTEXTUALIZE THE REQUEST BEFORE YOU TODAY.

AND, DAVID, CAN YOU GET ME OUT OF THIS? THANK YOU.

THANKS. OH, THERE IT IS. FULL SCREEN MODE. THANK YOU.

[02:40:09]

YOU'RE LOOKING SOUTH. SO OUT THERE IN THE DISTANCE IS FIFTH AVENUE SOUTH.

THE RESTAURANT IS A ROOFTOP RESTAURANT AGAIN.

SO ENTRY IS THROUGH THE ELEVATOR OR THERE ARE STAIRS AS WELL.

TO TAKE YOU UP TO THE THIRD FLOOR WHEN YOU COME OFF THE ELEVATOR.

THIS IS THE ENTRYWAY BEAUTIFULLY DECORATED ENTRYWAY INTO THE RESTAURANT.

THAT IS THE ENTRY DOOR THERE, OFF IN THE DISTANCE.

AS SOON AS YOU ENTER THE RESTAURANT, THIS IS YOUR VIEW AGAIN.

LOOKING TO THE SOUTH. WAY BACK IN THE BACK, THERE IS FIFTH AVENUE SOUTH.

YOU SEE A LARGER BAR THERE ON THE RIGHT HAND SIDE WITH SOME BOOTH SEATING THERE ON THE LEFT HAND SIDE, RIGHT PAST THE HOST STAND. IF YOU WERE TO IMMEDIATELY TURN LEFT HERE AT THE HOST STAND, THERE IS A LOUNGE AREA THAT I'LL SHOW TO YOU IN A MOMENT.

BUT FIRST WE'RE GOING TO EXPLORE FURTHER INTO THE RESTAURANT.

MOVING A LITTLE BIT FURTHER, DEEPER INTO THE RESTAURANT. HERE'S THE BAR AGAIN WITH THE BOOTH SEATING.

THE, THE THE DINING USUALLY OCCURS BACK HERE IN THE SEATS, AND THE OUTDOOR PORTION IS A LITTLE BIT PAST THIS AWNING SHOWN HERE.

THIS IS A VIEW OF THE OUTDOOR DINING ELEMENT OF OF THE RESTAURANT.

OVER HERE TO YOUR LEFT IS FIFTH AVENUE SOUTH DOWN THREE FLOORS.

THIS IS OUTDOORS. THIS IS INDOORS HERE. TO THE RIGHT.

NOTE THESE FOLDING GLASS DOORS. THESE ARE THE DOORS THAT WILL BE SHUT ANYTIME.

INDOOR LIVE ENTERTAINMENT IS ONGOING. THIS IS FROM THE OTHER SIDE OF OUTDOOR DINING.

NOW YOU'RE LOOKING EAST. SO FIFTH AVENUE SOUTH IS DOWN HERE TO THE RIGHT.

THE INDOOR PORTION OF THE RESTAURANT IS HERE.

AGAIN, NOTE THE THE FOLDING GLASS DOORS THAT SLIDE SHUT DURING ANY LIVE ENTERTAINMENT.

ACTIVE. ONE OF THE LOCATIONS OF THE LIVE ENTERTAINMENT WILL BE RIGHT BACK HERE IN THE CORNER.

AGAIN, MR. MCCLAIN WILL SHOW YOU THAT IN A MOMENT.

NOW, GOING BACK TO THE ENTRYWAY. IF YOU WERE TO TURN LEFT IMMEDIATELY AT THE HOSTESS STAND, THIS IS WHAT YOU WOULD SEE. IT'S A SMALLER, MORE INTIMATE LOUNGE TYPE SETTING OF A BAR.

AND THEN, IF YOU WERE TO TURN RIGHT, THIS IS EXTENDING FURTHER INTO THE LOUNGE.

AND THE OTHER ALTERNATE LOCATION FOR THE LIVE ENTERTAINMENT WOULD BE BACK HERE, TUCKED AWAY IN THE CORNER.

I HOPE THAT WAS HELPFUL FOR YOU TO VISUALIZE AND CONTEXTUALIZE WHAT THE RESTAURANT LOOKS LIKE, HOW IT WILL FUNCTION. AND AT THIS TIME, I'LL CALL UP MR. MCCLAIN TO GO THROUGH THE SITE PLAN. DAVID, CAN YOU GET ME OUT OF THIS? YEAH. THANK YOU, MR. BRICKER.

THERE YOU GO. THANKS. THANKS, CLAY. GOOD MORNING.

GOOD MORNING, AND CONGRATULATIONS TO ALL. MARK MCLEAN MHK, ARCHITECTURE, 2059 TAMIAMI TRAIL EAST.

NOT A WHOLE LOT TO ADD TO WHAT CLAY BROUGHT TO YOU.

IT'S A PRETTY SPECTACULAR PRESENTATION, SO I'LL BE BRIEF.

WE WORKED IN CONJUNCTION WITH DESIGN COLLECTIVE, WHO WAS THE DESIGN ARCHITECT FOR THE RESTAURANT, TO HELP PUT THIS ALL TOGETHER FOR THEM.

SO THE PLAN THAT WE SUBMITTED HERE SHOWS THESE TWO SMALL PINK RECTANGULAR AREAS THAT WILL BE THE ENTERTAINMENT SPACE.

THIS IS A PLAN THAT'S REQUIRED TO GO THROUGH THE FIRE DEPARTMENT FOR THEIR LIFE SAFETY APPROVAL, WHICH HAS GONE THROUGH AND HAS BEEN COMPLETELY APPROVED. I ADDED A SECOND SHEET IN HERE TO BLOW IT UP A LITTLE BIT AND SIMPLIFY IT FOR YOU SO WE COULD ALL JUST MAKE SENSE OF IT. SO AS CLAY WAS SAYING, COME IN THE FRONT DOOR, YOU TURN LEFT, YOU WALK INTO THE LOUNGE HERE IN THE CORNER OF THE LOUNGE, WILL REMOVE A COUPLE OF TABLES HERE AND PUT A LIVE ENTERTAINER IN THE CORNER.

SHOULD THESE TABLES STAY, WE MAY REMOVE A SMALL TABLE AND CHAIR HERE AND PUT A LIVE ENTERTAINER HERE.

ENTERTAINER HERE FOR THIS AREA. PRETTY SIMPLE SPACE.

AS YOU CAN SEE, THE LIFE SAFETY PATHS CONTINUE AND DO NOT INTERFERE.

THE LIVE ENTERTAINMENT DOES NOT INTERFERE WITH THE LIFE SAFETY PATHS. AND AS I DESCRIBED IT, WE HAVE REVIEWED THIS WITH FIRE AND IT HAS FIRE'S APPROVAL FOR LIVE ENTERTAINMENT.

I'M AVAILABLE FOR QUESTIONS. OKAY. THANK YOU.

AND MADAM MAYOR, THAT CONCLUDES OUR PRESENTATION.

I'M HAPPY TO TRY TO ANSWER ANY QUESTIONS YOU MAY HAVE.

OKAY. THANK YOU. COUNCIL QUESTIONS FOR THE PETITIONERS, AGENT COUNCIL MEMBER PENMAN.

THANKS FOR YOUR PRESENTATION THIS MORNING IN YOUR TAKING US THROUGH THE FACILITY.

IT APPEARS AS THOUGH YOU'VE GOT ACOUSTIC CEILING GOING DOWN THOSE HALLWAYS.

REMEMBER, ON DOWN THE HALLWAYS WERE ON WOODEN FLOORS THAT THAT IT DOESN'T EXACTLY ATTENUATE NOISE,

[02:45:03]

OKAY. OKAY. IT'S NOT TRULY ACOUSTICAL AS IN THE DEFINITION OF AN ACOUSTICAL TYPE TILE.

THAT'S AN ABSORBENT MATERIAL, BUT IT IS A WOOD MATERIAL THAT DOES HAVE AN ACOUSTICAL NATURE NATION NATURE TO IT.

OKAY, SO YEAH, JUST ANY SOFTENING OF THE SURFACES WORKS ACOUSTICALLY, BUT IT WASN'T ACOUSTICALLY DESIGNED FOR THAT.

NO, MA'AM. OKAY. BUT YOU'VE GOT DRAPERIES, YOU'VE GOT BOOTHS.

THE AREA IS VERY SOFT. WITH, AS YOU'RE SAYING, WITH THE WOOD FLOORS AND THE DRAPERY AND EVERYTHING.

IT IS ACTUALLY ACOUSTICALLY A VERY GOOD. SO IT HAS BUILT IN ATTENUATION BASICALLY BECAUSE OF THOSE FEATURES.

YES, MA'AM. OKAY. LET'S GO BACK TO THE MAIN AREA.

AND I BELIEVE I NOTICED. YEAH. OKAY. NOT SO MUCH HERE, BUT. AND YOUR LIVE ENTERTAINMENT HERE IS GOING TO BE FROM HERE.

YOU WOULDN'T SEE HIM. HE'D BE CLEAR DOWN HERE BY THESE DOORS, RIGHT? THAT THAT'S THE DOORS TO THE OUTDOOR DINING. SO HE WOULD BE LEFT AROUND THE CORNER FROM HERE.

OKAY. ALL RIGHT. THAT'S VERY HELPFUL. THANKS.

THANK YOU. COUNCILMEMBER SCHULTZ, THE NUMBER $42,000 PER PARKING SPACE.

HOW WAS THAT ARRIVED AT? THAT. THAT'S A RESOLUTION PASSED BY CITY COUNCIL.

IT WAS A DOLLAR AMOUNT PER SPACE THAT IS THEN INCREASED BY CPI.

I WANT TO SAY CIP BECAUSE THAT'S WHAT I'M WORKING ON, CPI EACH JANUARY 1ST.

SO IT'S A FORMULATION. THERE WAS A NUMBER THAT WAS DETERMINED BACK IN 2006 OR SO, WHEN THE GARAGE FUND WAS FIRST ESTABLISHED, AND IT HAS INCREASED BY CPI EVERY JANUARY 1ST SINCE THEN.

SO WHEN THEY COME THROUGH TO OBTAIN APPROVAL FOR THE ALLOCATION OF THE PARKING SPACES, THAT FEE IS ASSESSED AND THAT IS FOLLOWS THAT THROUGH.

SO THAT'S SORT OF A NUMBER PULLED OUT OF THIN AIR BACK THEN.

IT'S NOT PULLED OUT OF THIN AIR. IT WAS BASED ON THE COST TO CONSTRUCT THE GARAGE AND THEN BROKEN DOWN BY EACH PARKING SPACE.

THE PURPOSE WAS TO TRY TO RECOUP THE COST TO THE CITY, TO CONSTRUCT THE GARAGE.

SO THE CITY TOOK ON THE RISK OF BUILDING THE GARAGE AND DEVELOPING THAT SITE, AND THEN, FOR LACK OF A TERM, ARE SELLING SPACES TO PRIVATE ENTITIES ON CITY PROPERTY.

SO THEY'RE NOT SELLING THEM. YOU DON'T GET TO ALLOCATE WHICH SPACES, BUT IT'S A IT'S A REDEVELOPMENT TOOL.

YES. THE CITY PROVIDED THE PARKING GARAGE AND THEN OFFERS THE ALLOCATION OF SPACES TO ACCOMMODATE THE REDEVELOPMENT OF THE PARCELS.

THAT'S NOT A BAD GIG IF YOU CAN GET ONE LIKE THAT, BUT IT IS PART OF OUR CODE AND THAT'S.

SO THAT WAS A FORMER APPROVAL. AND THE AND MADAM MAYOR, IF I COULD.

YES. MR.. ERIC IS CORRECT. IT DID GO BACK TO THE ORIGINATION COST AND CPI WAS THE TRIGGER AFTER THAT.

THE ALLOCATION IS TO ACCOMMODATE PARKING, AND THE PARKING FUNDS WERE ESTABLISHED FOR THE PURPOSE OF PROVIDING ADDITIONAL PARKING AND OR REPLACEMENT OF THE EXISTING FACILITY IN THE EVENT THAT IT NEEDS IT OVER TIME.

IT WASN'T DESIGNED TO KEEP US. HOW I WANT TO SAY THIS THE RIGHT WAY.

IT WASN'T DESIGNED TO SAY, I'M SELLING YOU A SPOT, YOU OWN IT.

IT'S AN ALLOCATION THAT TAKES INTO CONSIDERATION WHERE NO PARKING, NO SPACES CAN EXIST ON YOUR EXISTING FOOTPRINT ITSELF IF IT WAS NEEDED.

AND SO CASE IN POINT, THAT ONE, WHICH WAS ORIGINATED BACK IN 2006, EARMARKED IT AS TO REPLENISH TO DO ADDITIONAL PARKING. CONVERSELY, WHEN WE DID THE FIRST AVENUE SOUTH ONE, THAT MONEY THERE IS GENERATED FOR THE PURPOSE SHOULD SHOULD WE BEGIN TO ALLOCATE BEYOND THAT WHICH WAS ALLOCATED IN THE ORIGINAL AGREEMENT WOULD BE TO DO THAT ONE AT COST.

BUT THAT ALL FUNDS WOULD BE RETURNED TO THE CRA FOR FUTURE DEVELOPMENT.

SO THAT IS THE SPECIFIC TERMINOLOGY. SO I DIDN'T WANT YOU TO THINK ALL GARAGES ARE CUT WITH THE SAME CLOTH BECAUSE THEY'RE NOT.

ONE WAS DONE IN 2016 AND THE MOST RECENT HAS A DIFFERENT THRESHOLD AMOUNT BASED ON THOSE COSTS.

AND THEN IT GOES BACK BY DIRECTION TO THE CRA.

SO I JUST WANTED TO GIVE YOU THAT HISTORICAL PERSPECTIVE. THANK YOU FOR THAT.

SO IF I WERE TO PULL INTO THAT PARKING LOT AND MISTAKENLY PARK IN ONE OF YOUR SPACES, WOULD YOU FOLKS HAVE THE RIGHT TO TELL ME I WANT TO CLARIFY THAT. SURE. SO THE ALLOCATION OF PARKING SPACES OUT OF THE GARAGE, THEY'RE NOT DESIGNATED SPACES, SO THEY'RE NOT RESTRICTED OR DESIGNATED. YOU WON'T GO.

YOU WON'T PULL INTO US. OKAY. BACK UP. THE FIRST GARAGE THAT WE BUILT, THE WHAT WE CALL THE NORTH GARAGE, HAS BEEN FULLY ALLOCATED. SO THAT GARAGE HAS BEEN FULLY ALLOCATED.

THEN WE SUBSEQUENTLY BUILT THE WHAT WE CALL THE GARAGE, THE SIXTH AND EIGHTH GARAGE.

SO THAT GARAGE HAS NOT BEEN FULLY ALLOCATED. SO ANY ALL REDEVELOPMENT THAT'S COMING THROUGH TODAY,

[02:50:04]

IT'S JUST THIS PROVIDES A POOL OF PARKING TO ACCOMMODATE REDEVELOPMENT OF FIFTH AVENUE.

THANK YOU. THANK YOU. KRAMER, WITH RESPECT, I HAVE A QUESTION.

DOES PARKING HAVE ANYTHING TO DO WITH THIS ITEM WE'RE TALKING ABOUT RIGHT NOW? YES. SO LIVE ENTERTAINMENT ON ITS OWN DOES NOT REQUIRE THE PROVISION OF PARKING.

OKAY. THE ORIGINAL DEVELOPMENT DID OUTDOOR DINING ON FIFTH AVENUE UNIQUELY, DOES NOT REQUIRE THE PROVISION OF PARKING.

THEY ELECTED AT THE TIME WHEN THEY GOT THE OUTDOOR DINING APPROVAL, THEY ELECTED TO ALLOCATE SPACES TO COVER THAT OUTDOOR DINING.

IT WAS NOT REQUIRED OF THEM, BUT THEY DID. BUT NO, LIVE ENTERTAINMENT DOES NOT REQUIRE WE'RE TALKING ABOUT RIGHT NOW.

OKAY. JUST WANTED TO CLARIFY THAT. I WILL SAY THIS IS PURELY ANECDOTAL AND JUST ONE PERSON.

I HAD THE GOOD FORTUNE OF HAVING DINNER OVER THERE, AND THIS IS FOR MISS LINDA.

AND IT'S FUNNY THAT THIS EVEN HAS COME UP, BECAUSE I HAD NO IDEA AT THE TIME, BUT THE CONVERSATION WITH MY GROUP AFTERWARDS WAS THAT THE ACOUSTICS IN HERE ARE AMAZING.

LIKE, THIS PLACE IS JAMMING AND WE COULD TALK LIKE THIS.

I THOUGHT THAT, IN FACT. I MEAN, THE FOOD WAS FANTASTIC TOO, BUT WE TALKED MORE ABOUT THE ACOUSTICS THAN WE DID ABOUT, LIKE, HOW IS THIS POSSIBLE THAT WE'RE NOT YELLING AT EACH OTHER? SO THAT WAS AGAIN, I'M JUST ONE PERSON. PURELY ANECDOTAL, NO DATA CONNECTED, BUT IT IS CONNECTED TO NOISE ATTENUATION.

THANKS. THANK YOU. CARL. QUESTION ABOUT LIVE ENTERTAINMENT.

AND I KNOW WE'RE THE AGENDA IS SOUND AND ALL THAT, BUT WHY? WHY WOULDN'T YOU PARKING BE AN ISSUE? BECAUSE IF YOU'RE HAVING AN EVENT, MORE PEOPLE ARE GOING TO COME.

SO YOU HAVE FULL CAPACITY EVERY NIGHT. AND YOU KNOW THAT AFFECTS THE PARKING FOR THE GENERAL RESIDENT IN THE AREA.

THIS IS A PRIVATE CLUB. IT HAS A DIFFERENT, DIFFERENT MIXTURE AND ALL THIS.

SO I'M JUST WONDERING WHY THAT WOULDN'T BE A FACTOR.

THE IDEA IS THAT YOU HAVE ALREADY PARKED THE NUMBER OF SEATS IN YOUR RESTAURANT, YOU'VE ALREADY PARKED THE CAPACITY OF THE RESTAURANT, AND THE LIVE ENTERTAINMENT IS JUST AN ADDED AMENITY FOR THE PEOPLE WHO ARE DINING THERE.

SO IT DOESN'T IT DOESN'T ADD TO THE OCCUPANCY OF THAT SPACE.

YOU SEE, THEY'RE NOT GOING TO HAVE STANDING ROOM ONLY BECAUSE OF THIS EVENT. AND ALSO THERE'S A DIFFERENCE TOO, BETWEEN SPECIAL EVENTS AND LIVE ENTERTAINMENT.

SO I THINK WHAT YOU'RE WHAT YOU HAD MENTIONED IS IF YOU HAVE A SPECIAL EVENT THAT IS SEPARATE AND REQUIRES A DIFFERENT APPROVAL, BECAUSE THAT MAY, LIKE YOU SAID, INCREASE THE NUMBER OF OF, YOU KNOW, REGULAR OCCUPANTS OF THIS.

THE IDEA OF WITH LIVE ENTERTAINMENT IS THAT IT'S JUST OFFERED TO THOSE WHO WOULD REGULARLY BE DINING IN THE RESTAURANT SO THAT THAT PARKING HAS ALREADY BEEN CAPTURED.

SO IF PAVAROTTI WAS COMING, THAT'S A SPECIAL EVENT.

THAT WOULD BE DIFFERENT. OKAY. THIS IS FOR YOUR REGULAR IT LOOKS AND THEY AREN'T ASKING FOR SEVEN DAYS A WEEK.

BUT THIS IS JUST FOR YOUR, YOU KNOW, REGULAR DINNER SERVICE THURSDAY, FRIDAY SATURDAY AND SUNDAY OKAY.

YEAH. SO THANK YOU FOR THAT QUESTION. SO THAT WE WOULD KNOW THE DIFFERENCE BETWEEN A SPECIAL EVENT OR NOT.

WHAT DETERMINES THAT THEY'RE HAVING A SPECIAL EVENT? I'M NOT YOUR EXPERT ON SPECIAL EVENTS BECAUSE I DON'T REVIEW OR APPROVE THEM, BUT I BELIEVE THERE ARE CERTAIN THRESHOLDS OF A SPECIAL EVENT BEING, YOU KNOW, DOES IT INCREASE THE NUMBER, THE OCCUPANCY ABOVE THE PARKING THAT IS PROVIDED? BUT THERE ARE CERTAIN FACTORS LIKE THAT. SO IF YOU KNOW YOU'RE HAVING AN EVENT THAT EXCEEDS WHAT WHAT IS ALREADY APPROVED FOR THAT SPACE, THEN THAT WOULD REQUIRE A SPECIAL APPROVAL FROM CITY COUNCIL AND AN EXPLANATION AS TO HOW ARE WE GOING TO.

SO ANY TIME IT'S OPENED UP TO THE SPECIAL EVENT, AS YOU SAID NEW YEAR'S EVE, THEY WANT TO OPEN IT UP TO OTHERS THAT ARE NOT MEMBERS. SO THEY ARE NOT.

THAT IS THE IDEA. IF YOU ARE GETTING SOMETHING APPROVED THROUGH LIVE ENTERTAINMENT, IS THAT THIS LIVE ENTERTAINMENT DOES NOT ALTER THE OCCUPANCY OF YOUR RESTAURANT.

THIS IS JUST SOMETHING THAT YOU ARE OFFERING TO THE REGULAR PATRONS OF YOUR RESTAURANT.

THANK YOU. COUNCIL VICE MAYOR. THANK YOU. I WAS TRYING TO UNDERSTAND THE DISCUSSION ABOUT PARKING BECAUSE ON THE AGENDA MEMO, PAGE SIX, IT SAYS PARKING FOR THE EXISTING USE MUST BE ADEQUATE.

THE PROPOSED ENTERTAINMENT SHALL NOT GENERATE AN ADDITIONAL PARKING DEMAND FOR THE USE.

AND SO MY QUESTION FOR THE PETITIONERS, IF IT DOESN'T GENERATE ADDITIONAL DEMAND, WHY ARE YOU DOING IT.

THEY ALREADY HAVE. SO THEY HAVE ALREADY. OH WHY ARE THEY OFFERING LIVE ENTERTAINMENT? YEAH. I JUST DON'T UNDERSTAND THE RATIONALE THAT IT SAYS WE DON'T NEED MORE PARKING BECAUSE IT'S NOT GOING TO PROVIDE ADDITIONAL CUSTOMERS OR CLIENTS.

THAT JUST DOESN'T SEEM LOGICAL TO ME. LIKE, WHY WOULD YOU GO THROUGH THIS PROCESS AND ASK FOR LIVE ENTERTAINMENT IF IT DOESN'T ADD DEMAND? AND WE SHOULDN'T BE CONCERNED ABOUT PARKING. THAT WAS EXPLAINED SIMPLY TO PROVIDE AN ENHANCED HOSPITALITY AND AMBIANCE TO THE PATRONS

[02:55:10]

WE HAVE A SPREADSHEET OF EVERYTHING THAT'S BEEN APPROVED UP AND DOWN FIFTH AVENUE SOUTH FOR LIVE ENTERTAINMENT, AND WE THIS RESTAURANT WOULD BE AT A SEVERE DISADVANTAGE IF IT COULDN'T COMPETE WITH ALL THE RESTAURANTS, THERE ARE MORE THAN ON THAT HAND. RESTAURANTS THAT OFFER LIVE ENTERTAINMENT UP AND DOWN AS SIMPLY RESPONDING TO THE DEMANDS OF THE PATRONS OF THE RESTAURANT.

WHAT'S EXPECTED RIGHT NOW? WE. I BELIEVE IT'S FAIR TO SAY THE RESIDENTS OF THE CITY OF NAPLES LOVE AN OUTDOOR COMPONENT TO RESTAURANTS.

THEY LOVE A LITTLE BIT OF LIVE ENTERTAINMENT.

WE'RE SIMPLY RESPONDING TO THE DEMAND OF A RESTAURANT THAT'S COMPETING WITH OTHERS UP AND DOWN FIFTH AVENUE SOUTH.

THANK YOU. ALL RIGHT. YES. OKAY. I'M GOING TO GO TO ONE FINAL JUST TO ADDRESS COUNCILMAN KRAMER'S THOUGHTS.

THE ONLY REASON I BROUGHT UP THE PRICE PER PARKING SPACE WAS HE BROUGHT IT UP IN HIS PRESENTATION TO US.

THAT WAS THE ONLY REASON IT CAME ABOUT. THANK YOU, THANK YOU.

OKAY. OH, YES. SO YOU'RE SUGGESTING THAT ADDING MUSIC MIGHT ENHANCE THE DINING AND SOCIAL EXPERIENCE OF THE PATRONS? YES, SIR.

OKAY. AND I HAVE A QUESTION. WE'RE GOING TO GO TO STAFF REPORT.

OKAY. ERIC MARTIN, PLANNING DIRECTOR. WHAT WE HAVE FOR YOU TODAY IS A REQUEST FOR LIVE ENTERTAINMENT.

THIS IS FOR PRIME SOCIAL RESERVE, PREVIOUSLY APPROVED AS PRIME SOCIAL.

THE PETITIONER WENT THROUGH THE HISTORY HERE.

THIS IS A UNIQUE EXPERIENCE HERE ON FIFTH AVENUE SOUTH.

THIS IS THE ONLY ESTABLISHMENT THAT HAS TAKEN ADVANTAGE OF THE ROOFTOP RESTAURANT PROVISION THAT WAS APPROVED IN 2021.

SO THIS IS YOUR SOLE EXAMPLE OF THAT PILOT PROGRAM? THEY ARE REQUESTING ONLY INDOOR LIVE ENTERTAINMENT.

THE CODE SPECIFIES THAT FOR INDOOR LIVE ENTERTAINMENT, NOT ONLY DO THE ENTERTAINERS MUST BE LOCATED INDOORS, BUT THE DOORS AND WINDOWS MUST REMAIN CLOSED DURING ALL PERFORMANCES.

SO THEY HAVE THOSE SLIDING GLASS DOORS. ANY TIME THAT THE PERFORMERS ARE ACTIVE, THEY WILL HAVE TO KEEP THOSE CLOSED.

SO THAT THE, THE SOUND DOESN'T TRANSMIT BEYOND THE INTERIOR OF THE RESTAURANT.

WE DID NOTICE THIS PETITION ON JANUARY 15TH TO A TOTAL OF 406 PROPERTY OWNERS LOCATED WITHIN 1000FT.

AS OF THE DATE OF THE REPORT. AND I DON'T KNOW IF COUNCIL HAS RECEIVED ANYTHING, BUT AS OF THE DATE THAT WE PUBLISHED THIS REPORT, WE DID NOT RECEIVE ANY CORRESPONDENCE RELATED TO THIS. THERE ARE A NUMBER OF PROVISIONS THAT THE PETITIONER IS OFFERING, IF YOU WILL ALONG WITH THIS REQUEST AND SOME OF THE CONSIDERATIONS THAT STAFF TOOK WHEN REVIEWING THIS, THE PROPOSED LIVE ENTERTAINMENT IS LOCATED ENTIRELY INDOORS.

THE PETITIONER HAS AFFIRMED THAT THE DOORS AND WINDOWS WILL REMAIN CLOSED DURING THE ENTERTAINMENT, AND THAT AMPLIFICATION EQUIPMENT WILL BE ORIENTED INWARD TO REDUCE NOISE TRANSMISSION.

THE LIVE ENTERTAINMENT IS LIMITED TO THURSDAY THROUGH SUNDAY. ONE ENTERTAINMENT, ONE ENTERTAINER PERFORMING AT A TIME, AND IT PROHIBITS THE PLAYING OF DRUMS WITH THE EXCEPTION OF A STEEL DRUM.

AND THEN ALSO THE PETITIONER HAS COMMITTED THAT DURING BUSINESS HOURS, MANAGEMENT OF THE RESTAURANT WILL ROUTINELY CONDUCT SOUND CHECKS TO ENSURE COMPLIANCE WITH THE CITY OF NAPLES NOISE ORDINANCE. STAFF HAS RECOMMENDED A FEW CONDITIONS AS WELL TO KIND OF FURTHER STRENGTHEN THAT ASSURANCE.

SO STAFF IS RECOMMENDING WE DID FIND THAT THE REQUEST WAS CONSISTENT WITH THE PROVISIONS IN YOUR CODE, BUT SUBJECT TO THE FOLLOWING CONDITIONS. FIRST IS THAT IT'S JUST INDOOR LIVE ENTERTAINMENT WITH DOORS AND WINDOWS CLOSED IS RESTRICTED TO THURSDAY AND FRIDAY FROM 5 P.M.

TO 12 A.M., SATURDAY FROM 11 A.M. TO 3 P.M. AND FROM 5 P.M.

TO 12 A.M. AND SUNDAY FROM 10 A.M. TO 3 P.M. AND FROM 5 P.M.

TO 11:30 P.M.. I WOULD NOTE THAT THE PETITIONER HAS ASKED THAT WE ADD TO THOSE HOURS THAT THEY BE ALLOWED TO PROVIDE LIVE ENTERTAINMENT ON NEW YEAR'S EVE UNTIL 1 A.M..

THE SECOND CONDITION PROPOSED IS THAT INDOOR LIVE ENTERTAINMENT WITH DOORS AND WINDOWS CLOSED WILL BE RESTRICTED TO NO MORE THAN ONE PERFORMER AT A TIME, PERFORMING IN ONLY ONE OF THE TWO PROPOSED INDOOR ENTERTAINMENT AREAS AT A TIME.

SO WHILE THEY'VE PROPOSED TWO AREAS FOR YOU TO APPROVE, THEY HAVE COMMITTED THAT ONLY ONE OF THOSE AREAS WILL BE IN USE AT ANY GIVEN TIME.

THREE DRUMS WILL BE PROHIBITED, WITH THE EXCEPTION OF A STEEL DRUM, FOR DURING BUSINESS HOURS.

MANAGEMENT OF THE RESTAURANT WILL ROUTINELY CONDUCT SOUND CHECKS TO ENSURE COMPLIANCE WITH THE CITY OF NAPLES NOISE ORDINANCE. FIVE ALL AMPLIFIED MUSIC SHALL COME FROM PERMANENT SPEAKERS INSTALLED ON THE PROPERTY THAT ARE ORIENTED TOWARD THE PROPERTY.

VOLUME CONTROLS MUST BE INSTALLED ON ANY OUTDOOR AMPLIFICATION EQUIPMENT, WHICH THERE IS NOT ANY, TO LIMIT NOISE TO THE LEVEL SPECIFIED IN THE CODE AND THE SOUND STUDY SUBMITTED BY THE APPLICANT, WHICH THEY DID NOT SUBMIT. IN THIS CASE, THIS IS A STANDARD CONDITION THAT WE PUT ON ALL LIVE ENTERTAINMENT PERMITS. ACCESS TO THE CONTROLS SHALL BE CENTRALIZED, LOCKED AND ACCESSIBLE ONLY TO THE MANAGER ON DUTY OR THEIR DESIGNEE.

[03:00:01]

EQUIPMENT, PRODUCT SPECIFICATIONS AND A LAYOUT PLAN WILL BE PROVIDED TO CITY STAFF PRIOR TO INSTALLATION.

SO WE WANT TO MAKE SURE THAT YOU DON'T, YOU KNOW, GET A ROGUE MANAGER ONE SATURDAY NIGHT.

THAT TURNS UP THE VOLUME. AND MAKE SURE THAT WE PREVENT THAT.

SIX ANY FUTURE MODIFICATION OR ENHANCEMENT OF THIS LIVE ENTERTAINMENT USE SHALL REQUIRE CITY COUNCIL REVIEW AND APPROVAL. SEVEN SOUND CREATED BY THIS LIVE ENTERTAINMENT SHALL NOT VIOLATE SECTION 22 DASH 37 OF THE CODE OF ORDINANCES EIGHT.

CITY COUNCIL WILL REVIEW THIS PERMIT APPROXIMATELY SIX MONTHS FOLLOWING THE DATE OF APPROVAL, AND MAY REVOKE OR ALTER THE APPROVED PERMIT OR IMPOSE ADDITIONAL CONDITIONS AT THAT TIME. I HAVE ONE MORE REQUESTED CONDITION FROM THE FIRE CHIEF, AND THAT IS IT'S A STANDARD CONDITION.

WE WOULD NOTE THAT THEY HAVE NOTED THIS ON THEIR PLAN.

WE JUST WANT TO MAKE SURE THAT IT'S REITERATED IN THE CONDITIONS, IS THAT THE PETITION WILL BE REQUIRED TO INSTALL A SHUNT TRIP TO BE CONNECTED TO THE FIRE ALARM. PERMIT WILL BE APPLIED FOR OBTAINED, AND ALL WORK MUST BE INSPECTED AND APPROVE A FINAL INSPECTION PRIOR TO LIVE ENTERTAINMENT TAKING PLACE.

SO THAT IS A FURTHER CONTROL. THAT SHOULD THE FIRE ALARM GO OFF, IT'LL SHUT DOWN THE LIVE ENTERTAINMENT.

SO THAT WAY THEY WON'T BE COMPETING. AND THAT'S A STANDARD CONDITION THAT WE PLACE AS WELL.

YOU SAID IT WAS A CONVERTER CONTROL. IT'S A SHUNT TRIP.

YEP. OKAY. I CAN'T EXPLAIN THAT TO YOU, BUT PHIL PROBABLY CAN.

OKAY. I HAVE KRAMER, MY QUESTION TO STAFF AND CORRECT ME IF I'M WRONG AND I DON'T WANT TO.

THIS HORSE MIGHT NOT BE DEAD YET REGARDING PARKING, BUT MY UNDERSTANDING IS THAT IN ANY RESTAURANT SITUATION WHERE WE'VE GOT ENTERTAINMENT, WHETHER IT'S INDOOR OR OUTDOOR, ALL OF THE SPACES WERE TAKEN CARE OF FOR THAT RESTAURANT BEFORE ANY OF THIS, REGARDLESS OF ANY ENTERTAINMENT LIKE THE SPACES OR THE SPACES, THE MAXIMUM OCCUPANCY IS ON THE WALL. THAT'S THE NUMBER OF PEOPLE THAT CAN GO IN. AND IS THAT ON ITS FULLEST NIGHT? IF EVERY SEAT IN THAT RESTAURANT IS FULL, THAT'S HOW MANY SPACES THEY WOULD ALREADY HAVE.

CORRECT. AND IN THIS CASE, FOR THIS RESTAURANT IN PARTICULAR, THEY'VE VOLUNTARILY PROVIDED MORE SPACES THAN WE REQUIRED ON THE VOLUNTARILY ALLOCATED SPACES OUT OF THE GARAGE FOR THE OUTDOOR DINING.

SO. ALL RIGHT. I WAS JUST WANT TO MAKE SURE I WAS PAID FOR ON THE RIGHT TRACK THERE.

PAID FOR IT. I PAID FOR IT. AND SO I GUESS WHAT I'D SAY, I'M GUESSING THE INCENTIVE COULD BE FOR NOT ONLY JUST YOUR PATRONS, YOU WANT TO PROVIDE THEM THIS AMENITY, BUT ALSO YOU COULD ALSO CHARGE.

YOU'VE GOT YOU CAN SEAT 150 PEOPLE ON THIS NIGHT WITH PAVAROTTI.

IT'S GOING TO COST YOU $10,000. SO I COULD SEE WHERE THAT WOULD BE.

A PRETTY GOOD BUSINESS PLAN TOO, IF YOU CAN GET THEM TO COME. I STRONGLY ENCOURAGE THAT WOULD BE GREAT.

THAT'S THE ONLY QUESTION I HAVE. I'M READY TO MAKE A MOTION WHEN YOU'RE READY. OKAY. I HAVE A QUESTION ABOUT OTHER QUESTIONS FOR THE STAFF.

OKAY. OKAY, WAIT ONE SECOND. YES. LET ME JUST GET YOU ON.

MISS MARTIN, COULD YOU PLEASE PUT UP THE LIFE SAFETY PLAN? I DO. I CAN'T READ THIS EVEN WITH MY GLASSES.

I WILL DO MY. I BET DAVID CAN. I KNOW, I JUST DIDN'T HAVE IT UP.

I'M NOT PREPARED. I THINK IT'S IN THEIR PRESENTATION.

DAVID. YES. IT'S I DON'T KNOW WHAT PAGE, BUT.

THERE WE GO. G31. IS THAT CORRECT? YEP.

THANK YOU. SEE IF WE CAN. THERE WE GO. OKAY. IT DOESN'T HAVE THE SAME NOTATIONS AS MINE.

THERE'S THE ACTUAL BLOWN UP. THE ACTUAL FIRE SAFETY PLAN IS THE SHEET FOR.

THERE. THANK YOU, MR. MCCLAIN. YES, MA'AM. THAT'S THE ONE THAT IS ACTUAL APPROVED.

I CAN'T YEAH. THANK YOU. SO THE. I'M SORRY, THIS SCREEN DOESN'T GET ANY LARGER, BUT ON THE TOP PART OF.

I THINK IT'S NEAR THE STAIRWELL. THERE'S SOME WRITING ON THERE.

YEAH. OKAY, SO THAT'S JUST THE. DISTANCE AND LEAVING.

YES, MA'AM. THANK YOU. AND THEN GOING DOWN TO WHERE THE ACTUAL ENTERTAINMENT AREAS ARE.

HOW LARGE ARE THOSE SPACES? THREE BY FIVE. THREE FEET BY FIVE FEET.

THREE FEET BY FIVE FEET. YES, MA'AM. AND THE SIZE OF THIS PODIUM.

OKAY. ENOUGH SPACE FOR ONE PERSON TO STAND. SO DO WE HAVE A STANDARD SIZE? I KNOW WHEN WE HAVE ONE, ONE ARTIST OR TWO ARTISTS.

IS THAT JUST WHERE DID THE THREE BY FIVE SAY THAT? THERE WAS ENOUGH SPACE TO PUT THE EQUIPMENT AND THE PLAYER? I THERE'S THE ZONING CODE. DOESN'T HAVE A MINIMUM.

I'M SURE THE FIRE CODE HAS. WELL, I KNOW THAT THE FIRE CODE HAS JUST OCCUPANCY A NUMBER OF SQUARE FOOTAGE REQUIREMENT PER OCCUPANT.

[03:05:06]

BECAUSE IT INTRUDES INTO THAT SEATING AREA. THE IMAGERY IS NOT REAL GREAT ON THAT.

THAT'S WHY I SUBMITTED THE SECOND SHEET TO YOU.

LIKE THIS. THESE TWO TABLES AND THESE FOUR CHAIRS WOULD BE REMOVED WHEN WE WHEN WE'RE DOING ENTERTAINMENT, LIVE ENTERTAINMENT IN THAT AREA. SO YOU CAN SEE WHEN WE GET TO THE ACTUAL LIVE ENTERTAINMENT SHEET, WE'VE REMOVED THOSE TABLES AND CHAIRS TO ALLOW THE ENTERTAINER IN THERE.

OKAY. SO THAT'S GOOD TO KNOW. SO HOW MANY TABLES AND CHAIRS ARE YOU MOVING? JUST REMOVING THE. THAT'S IT. THERE ARE TWO TWO TOPS AND FOUR CHAIRS.

IF IF THE ENTERTAINERS IN THIS AREA, IF THE ENTERTAINERS IN THIS AREA WERE JUST REMOVING THIS ONE CHAIR FROM THIS ONE TABLE.

IF THE ENTERTAINERS HERE. SO YOU ARE MOVING TWO TABLES.

I MEAN, ONE TABLE, TWO CHAIRS IN ORDER TO ACCOMMODATE THE THREE BY FIVE SPACE FOR THE ENTERTAINER IF HE'S IN THE LOUNGE.

OKAY, SO THAT IS WHERE THE SLIDERS ARE. NO, THE SLIDERS ARE OUT HERE IN THE DINING ROOM.

OH, THAT'S WHERE THAT THAT REALLY NICE AREA. YES, MA'AM.

THAT'S WHERE THE WHERE THE DRAPERY IS IN THE CORNER. THAT. YOU GOT IT? THEY'LL BE HERE IN THE CORNER WHERE THE DRAPERY IS, ISN'T. OKAY, SO IT'S OPPOSITE OF THAT BOOTH. YEAH, IT'S KIND OF.

YES, IT'S OPPOSITE OF THIS END BOOTH. YEAH. SO.

OKAY, SO THE ENTERTAINMENT SPACES ARE IN TWO DIFFERENT ROOMS, RIGHT? SO CAN YOU GO TO THE NEXT ENTERTAINMENT SPACE? THAT'S IT. RIGHT OVER HERE. RIGHT. AND HOW LARGE IS THAT? IT'S THE SAME THREE BY FIVE. AND WHAT IS THAT SPACE IT'S ON TOP OF? WELL, THE SPACE BEHIND IT IS LIKE A DISH. AND SILVERWARE CABINETRY THAT'S THERE.

THAT'S ALWAYS THERE. SO IF I GO BACK TO THE PLAN THAT HAS ALL OF THE TABLES AND CHAIRS IN IT.

SORRY ABOUT THAT.

YOU CAN SEE THAT'S STILL THERE. THE CABINETRY IS STILL THERE.

SO WHEN WE ACTIVATE THIS LIVE ENTERTAINMENT SPOT, WE'RE JUST REMOVING THIS ONE CHAIR THAT'S AT THIS TABLE.

AND THE ENTERTAINMENT IS GOING TO BE ON TOP OF THAT UTILITARIAN CABINET.

NO THE UTILITARIAN CABINETS HERE. THE ENTERTAINMENT SPACE IS JUST RIGHT HERE IN FRONT OF IT.

OH, YEAH. I'M SORRY. THANK YOU. YOU NEED TO STAY ON.

OKAY. IT'S HARD TO DEPICT THAT ON THIS LIFE SAFETY PLAN.

YES, MA'AM. THIS IS JUST. YOU CAN JUST THINK OF THIS AS A CABINET.

THE CABINET IS ALWAYS THERE, AND THE SPOT FOR THE LIVE ENTERTAINMENT IS ALWAYS THERE.

IT'S JUST IF THERE'S A CHAIR HERE AND THEN THERE'S NO ENTERTAINER THERE.

IT'S JUST AN OPEN SPACE. SO IT WAS AN OPEN SPACE THAT WE COULD FIT LIVE ENTERTAINMENT IN.

WE JUST DIDN'T WANT THAT ENTERTAINER WITH SOMEONE'S BACK TO HIM RIGHT HERE. SO WE REMOVED THIS ONE CHAIR.

OKAY. WHO APPROVED THIS LIFE SAFETY PLAN? DEPUTY FIRE CHIEF ADAMSKI.

OKAY. THANK YOU. I HAVE CARL AND THEN SCHULTZ.

JUST A QUESTION FOR STAFF. THE I KNOW IT'S UP TO 2 A.M..

YOU'RE ALLOWED ENTERTAINMENT. BUT AS FAR AS A SOUND ORDINANCE, I MEAN, A LOT OF PEOPLE CUT OFF AT TEN.

IS IT? IS IT 10:00 THE CUTOFF FOR OUTDOOR NOISE TYPE THING, OR IS IT.

CAN YOU REMIND ME ABOUT THAT? SO THE CODE PROVIDES REGULATIONS SPECIFIC TO OUTDOOR DINING.

IT'S DIFFERENT FOR INDOOR AND OUTDOOR. LET ME FIND THOSE FOR YOU.

SO FOR THERE'S A SET OF STANDARD CONDITIONS IF YOU WILL.

THERE'S STANDARD CONDITIONS FOR ALL INDOOR AND OUTDOOR.

SO FOR INDOOR, SORRY. HOURS OF OUTDOOR LIVE ENTERTAINMENT ARE DETERMINED BY CITY COUNCIL, BUT SHALL NOT EXTEND BEYOND 10 P.M.

ON SUNDAY THROUGH WEDNESDAY AND 12 MIDNIGHT THURSDAY THROUGH SATURDAY.

HOURS OF INDOOR LIVE ENTERTAINMENT WILL BE DETERMINED BY THE CITY COUNCIL, BUT SHALL NOT EXTEND PAST 11:30 P.M.

SUNDAY THROUGH WEDNESDAY AND 12 MIDNIGHT THURSDAY THROUGH SATURDAY.

AND THEN IT DOES ALLOW THAT OUTDOOR LIVE ENTERTAINMENT MAY EXTEND UNTIL 12:30 A.M.

ON NEW YEAR'S EVE. AN INDOOR LIVE ENTERTAINMENT MAY EXTEND UNTIL 2 A.M.

ON NEW YEAR'S EVE. OKAY. THANK YOU. OKAY. THANK YOU.

SCHULTZ. THANK YOU. THIS QUESTION IS FOR FIRE CHIEF.

I DON'T YOU DON'T HAVE TO COME UP. CHIEF PENNINGTON, FOR THE RECORD.

THANK YOU. WHEN ALL THE DOORS ARE CLOSED, YOUR TAKE ON FIRE SAFETY IS.

IT'S ALL GOOD. THERE'S ENOUGH VENTILATION. THE GLASS IS ALL CLOSED OFF.

WHAT? WHAT? EVERYTHING'S FINE WITH YOU ALL? YEAH.

GREAT. THAT'S ALL I NEEDED. THANK YOU. OKAY. OKAY.

THANK YOU. I HAVE COUNCIL MEMBER. I MEAN, VICE MAYOR BLANKENSHIP.

[03:10:05]

SO I RECALL THE ROUNDS OF DISCUSSION IN 2021 OF DOING THIS COOL ROOFTOP RESTAURANT CONCEPT.

AND WHAT A BENEFIT IT WAS GOING TO BE TO RESIDENTS TO HAVE SOMETHING.

AS LONG AS WE TOOK CARE OF NOISE AND MAKE SURE IT WASN'T GOING TO ADVERSELY IMPACT ANYBODY.

AND THEN IN 2023, I THINK WE APPROVED THIS RESTAURANT, THIS AS A CONDITIONAL USE.

CONDITIONAL USE. WAS IT SPECIFIED AT THAT TIME THAT THIS WOULD NOT BE A RESTAURANT OPEN TO THE PUBLIC? IT WOULD BE A PRIVATE CLUB. IT WOULD NOT. WE DID HAVE A LONG CONVERSATION ABOUT THIS A FEW MONTHS AGO, I THINK THE PETITIONER MIGHT BE ABLE TO OFFER YOU SOME INSIGHT.

THE EXPLANATION IS THAT IT'S NOT A PRIVATE CLUB.

IT'S A MEMBERSHIP THAT IS AVAILABLE TO RESIDENTS, AND IT'S A VIP BASED, RESERVATION ONLY MODEL IN THE EYES OF THE CODE. DOES IT MATTER? UNFORTUNATELY, THE CODE DOESN'T REALLY SPECIFY THAT.

WE DO ADDRESS PRIVATE CLUBS, BUT THOSE PRIVATE CLUBS THAT ARE SPECIFIED IN THE CODE ARE MORE LIKE AN ELKS CLUB OR SOMETHING SIMILAR TO THAT.

THEY HAVE MAINTAINED THAT THIS IS IN FACT OPEN TO THE PUBLIC, JUST UNDER A DIFFERENT MODEL.

I MEAN, MAYBE WE CAN. SO IT'S OPEN TO THE PUBLIC.

THEY JUST HAVE TO PAY THE MEMBERSHIP FEE OR THE ACCESS FEE, WHATEVER IT'S CALLED THE.

BUT THEY CAN GET ANYBODY CAN GO. THEY JUST NEED TO PAY THE FEE.

ASSUMING YOU'RE STILL WITHIN THE CAPACITY LIMITS.

YEP. ALL RIGHT. THANK YOU. ANY FURTHER QUESTIONS FOR STAFF? OKAY. I JUST HAVE IN THE PACKET. AM I MISSING? WE JUST HAVE THE RESOLUTION FROM 2023 ALLOCATING THE 24 SPACES.

CORRECT? YES. THERE WERE TWO RESOLUTIONS FOR THAT ITEM.

THIS WAS. SO WE APPROVED TWO THINGS ON THAT DAY.

YOU APPROVED A CONDITIONAL USE TO ALLOW THE RESTAURANT TO HAPPEN.

AND THEN ALSO BECAUSE IT IS A ROOFTOP RESTAURANT AND THAT'S WHAT'S SPECIFIED IN IN THE OVERLAY.

AND THEN ALSO THE PARKING ALLOCATION. OKAY. SO AM I MISSING THAT IN MY PACKET OR IS IT INCLUDED HERE? PETITIONER INCLUDED THE RESOLUTION FOR THE PARKING IN THEIR SUBMITTAL.

THAT'S WHY THAT ONE WAS INCLUDED IN YOUR PACKET.

THEY INCLUDED THAT RESOLUTION FOR THE PARKING.

OKAY. I THINK JUST TO REASSURE COUNCIL THAT THE PARKING HAS BEEN CONSIDERED.

OH, OKAY. I COULDN'T TELL THAT THAT WAS SUBMITTED BY THE PETITIONER'S AGENT.

AND SO THE ORIGINAL RESOLUTION FOR APPROVING THE CONDITIONAL USE OF THE ROOFTOP IS NOT IN HERE.

IT'S INCLUDED BY REFERENCE IN YOUR AGENDA MEMORANDUM.

BUT IT WAS NOT. IT WAS NOT AN ATTACHMENT, WHICH IS RESOLUTION.

IT'S NOT IN THE RESOLUTION. JUST IN THE MEMO.

THE AGENDA MEMORANDUM DOES PROVIDE THE WHOLE CHRONOLOGY OF THIS PROJECT, INCLUDING REFERENCE TO ALL THE APPROVALS AND RESOLUTIONS.

RESOLUTION NUMBERS. OKAY. I'M GOING TO LOOK TO LEGAL TO SEE ABOUT THE RESOLUTIONS THAT RESIDE WITH THIS APPROVAL.

SO THAT'S 2023 15195 WAS APPROVING THE ROOFTOP RESTAURANT.

CORRECT. BUT, MAYOR, I JUST WANT TO CLARIFY. ARE YOU ARE YOU ALSO INQUIRING INTO THE ORDINANCE THAT ALLOWED THIS? YEAH, RIGHT. NORMALLY IT WOULD BE NOT JUST IN THE MEMO.

CORRECT. IT WAS. IT WAS A TEXT AMENDMENT. I THINK IT WAS ORDINANCE 21 14663 THAT CREATED A CONDITIONAL USE THAT HAS A SUNSET PROVISION OF FIVE YEARS FROM ADOPTION. OKAY. THAT INFORMATION SHOULD BE INCLUDED IN THIS RESOLUTION.

21. I'M SORRY. WHAT WAS IT? WOW. THAT IS PRECISELY CORRECT.

BECAUSE IN ORDER FOR US TO UNDERSTAND THE CHRONOLOGICAL ORDER, THE MEMO IS NOT GOING TO BE ATTACHED TO THIS RESOLUTION.

SO WE LOOK UP THE RESOLUTION. THE RESOLUTION WILL HAVE THE HISTORY, NOT THE MEMO.

AND WITHIN THAT RESOLUTION. I'M JUST GOING BY WHAT PAST HISTORY, MR. MCCONNELL? YEAH. I THINK BY REFERENCE, I KNOW THE CLERK PUTS TOGETHER THE ENTIRE MEETING RECORD AND WE CAN INCLUDE THE ORDINANCE IN THE PRIOR APPROVALS AS PART OF IT SO THAT THEY'RE ALL TOGETHER.

OKAY. SO THAT WILL BE INCLUDED WHEN WE MAKE THE CHANGE.

IF IT'S APPROVED BY WITH ITEM NINE FOR SPECIAL APPROVAL OR CONDITION.

[03:15:03]

YEP I HAVE, YEAH. I'M RECOMMENDING NINE CONDITIONS.

OKAY. SO THE RESOLUTION NUMBER FOR THE PARKING AND THE RESOLUTION FOR THE CONDITIONAL USE OF THE ROOFTOP.

ALL WILL BE INCLUDED IN THE REVISED RESOLUTION.

AND ALSO NEW YEAR'S EVE. YES. THEY ARE ASKING FOR APPROVAL TO ALLOW LIVE ENTERTAINMENT ON NEW YEAR'S EVE UNTIL 1 A.M., WHICH WILL GO INTO WHEREAS AND TO THE AMEND NUMBER ONE ONE.

SECTION ONE. SECTION TWO. CONDITION ONE. AND THEN ALSO.

YES, IN SECTION ONE. OKAY.

AND THEN WHEN DID. I DON'T SEE IT IN HERE? WE APPROVED IT AS PRIME SOCIAL.

AND NOW IT'S PRIME SOCIAL. RESERVE. RESERVE. SO WHERE IS THAT IN WHEN THEY CAME BACK MOST RECENTLY, I BELIEVE IT WAS NOVEMBER OF 2025 FOR THEIR AMENDED OUTDOOR DINING.

IF YOU RECALL, THAT'S WHERE WE HAD THE CONVERSATION ABOUT THE PRIVATE CLUB.

THAT WAS WHEN IT WAS BROUGHT TO COUNCIL'S ATTENTION THAT THAT NAME HAD CHANGED FROM PRIME SOCIAL TO PRIME SOCIAL RESERVE, AND IT WAS APPROVED IN THAT OUTDOOR DINING AMENDMENT.

SO THE NAME CHANGE, CORRECT, MR. MCCONNELL? CORRECT? YES. CORRECT. NOW I'M. SO WHERE IS IT? UNDER PRIME SOCIAL RESERVE. HERE IT IS. OKAY. ANY OTHER QUESTIONS, PLEASE? PENMAN? I JUST SORT OF WONDER IF MAYBE WE WANT TO LOOK AT GOING DOWN THE ROAD, WHETHER OR NOT WE WANT TO RESTRICT THE NUMBER OF, QUOTE, CLUBS THAT WE WOULD PERMIT IN THE FIFTH AVENUE.

IT WOULD BE AN APPROPRIATE QUESTION FOR CORRESPONDENCE.

OKAY, FINE. CARL, ONE QUICK QUESTION FOR MR. MCCONNELL.

SO YOU COULD GET SOMETHING APPROVED, LIKE. OKAY, I LEASE A SPACE ON FIFTH AVENUE AND I'M GOING TO HAVE IT CLOTHING STORE OR WHATEVER, AND I COULD JUST CHANGE IT TO SAY, NO, IT'S PRIVATE ONLY.

AND THERE'S NO THAT DOESN'T IMPLICATE THE PRIOR APPROVAL PROCESS.

DEPENDS ON WHAT THE APPROVAL IS FOR. SO MY UNDERSTANDING OF THIS SPECIFIC PROPERTY IS THEY DID A TEXT AMENDMENT TO ALLOW FOR CONDITIONAL USE OF A ROOFTOP ANCILLARY TO A RESTAURANT AND A ZONING DISTRICT THAT ALLOWED RESTAURANT CONDITIONAL USE FOR THE ROOFTOP USE.

RIGHT. WHICH WAS THE ONLY USE THAT WAS BEING CONDITIONED AND REQUESTED AT THAT POINT WAS APPROVED.

SO IT WAS THE USE OF THE ROOF AS A OPEN TO THE PUBLIC VENUE AND THEN THEN DOWN THE ROAD IT CHANGED.

I JUST DON'T UNDERSTAND HOW THAT. YEAH. SO WAS THAT THE REASON THAT WHEN THEY CAME IN FOR THE CONDITIONAL USE AND THE NAME CHANGE.

BECAUSE IT WOULD IT WAS NOW IT WAS VERY NOT DISCLOSED WHEN WE FIRST APPROVED IT.

SO IT WAS DISCLOSED THE SECOND TIME IT CAME IN.

THEY CAME IN IN NOVEMBER TO AMEND THEIR OUTDOOR DINING PLAN BECAUSE WHEN THEY SUBMITTED ORIGINALLY IN.

PRIOR TO NOVEMBER, THEY SUBMITTED AN OUTDOOR DINING.

THEY SUBMITTED A LIVE ENTERTAINMENT PLAN IS WHAT HAPPENED. THEY SUBMITTED A LIVE ENTERTAINMENT PLAN, THE LIFE SAFETY PLAN, WHEN THE FIRE MARSHAL OR DEPUTY FIRE CHIEF WAS REVIEWING THE LIFE SAFETY PLAN FOR THE LIVE ENTERTAINMENT PLAN, HE SAID. THIS DOES NOT MATCH THE APPROVED LIFE SAFETY PLAN THAT WE HAVE FOR YOUR OUTDOOR DINING PLAN.

SO, HE SAID, IF YOU'RE GOING TO MOVE FORWARD, THEY BOTH NEED TO MATCH. SO THEY THEN MOVED FORWARD. SUBMITTED AN AMENDMENT TO THEIR OUTDOOR DINING. AT THAT TIME, THEY DID COME IN AS PRIME SOCIAL RESERVE.

IF YOU RECALL, PLANNING STAFF HAD AS MANY CONCERNS AS YOU DO ABOUT THE PRIVATE CLUB.

WE PRODUCED A WHOLE MULTIPLE PAGE REPORT ABOUT THE PRIVATE CLUB AND THE USE OF THIS PROPERTY.

IT WAS WELL, IT WAS WELL VETTED FOR, I THINK AN HOUR PLUS AT CITY COUNCIL HOW THIS ACTUALLY WAS OPERATING.

THEY BROUGHT THEIR OPERATIONS. HERE, EXPLAIN THAT TO CITY COUNCIL.

AND THEY DID GET APPROVAL OF AN AMENDED OUTDOOR DINING WITH THE NEW NAME OF PRIME SOCIAL RESERVE IN NOVEMBER.

AND SO NOW THEY'RE HERE WITH THEIR LIVE ENTERTAINMENT TO MATCH THE LIFE SAFETY PLAN THAT WAS APPROVED FOR THEIR OUTDOOR DINING UNDER THE NEW NAME OF PRIME SOCIAL RESERVE.

BUT I UNDERSTAND OUR DEPARTMENT HAD AS MANY CONCERNS AS YOU DO, BUT IT WAS APPROVED.

SO THE QUESTION THAT COUNCIL MEMBER CARL HAD WAS IT'S APPROVED UNDER ONE NAME.

[03:20:07]

SO THEN A CONDITIONAL USE IS NOT TIED TO THE NAME, BUT THEY THE TWO PERMITS IN YOUR CODE THAT ARE SPECIFICALLY TIED TO THE NAME OF A BUSINESS OR A CHANGE OF BUSINESS OR LIVE ENTERTAINMENT AND OUTDOOR DINING.

SO THOSE TWO, IF YOU CHANGE THE BUSINESS OR THE NAME UNDER LIVE ENTERTAINMENT OR OUTDOOR DINING, IT REQUIRES AN AMENDMENT. THEY DID AMEND THEIR OUTDOOR DINING TO REFLECT THE NEW NAME OF PRIME SOCIAL RESERVE IN NOVEMBER.

AND NOW THEY'RE HERE UNDER LIVE ENTERTAINMENT WITH THAT NAME.

IT DID NOT. THE NAME CHANGE DOESN'T AFFECT THE CONDITIONAL USE APPROVAL THAT WAS OFFERED IN 2023.

THANK YOU. I DO NOT HAVE PUBLIC COMMENT. PETITIONER'S AGENTS CLOSING REMARKS.

THANK YOU MAYOR. THANK YOU, COUNCIL, FOR YOUR TIME AND CONSIDERATION.

WE RESPECTFULLY REQUEST APPROVAL OF THIS APPLICATION, AND WE ARE AWARE OF NO OPPOSITION TO IT.

WE HAVE NO ISSUE WITH THE ENUMERATED CONDITIONS IN THE DRAFT RESOLUTION, INCLUDING THE SHUNT TRIP.

ON AND WE WOULD REQUEST THAT THE HOURS OF OPERATION BE EXPANDED FOR NEW YEAR'S EVE UNTIL 1 A.M., WHICH IN THE MOTION WILL REFLECT THE SECTION TWO AS MISS MARTIN USUALLY WILL CLARIFY THAT, BUT I'LL GO INTO SECTION TWO. FOR NEW YEAR'S EVE, THAT WILL GO IN ALL OVER, RIGHT? ANYWHERE WE MENTION THE HOURS WILL AMEND THAT TO OKAY.

AND IT'S CLEAR THAT IF YOU HAVE A SPECIAL EVENT WHERE IT'S SOMEONE THAT'S NOT A MEMBER, THEN YOU HAVE TO APPLY FOR A SPECIAL EVENTS PERMIT.

SOMEONE WHO IS NOT A MEMBER. THAT'S WHAT I HEARD.

FOR ANY ENTERTAINMENT THAT EXCEEDS WHAT IS APPROVED HERE FOR LIVE ENTERTAINMENT.

SO IF YOU ARE. YEAH. YES. IF, IF, IF WE'RE EXPANDING BEYOND THE SCOPE OF THE NORMAL RESTAURANT CITY SETTING.

SO WE'RE PROVIDING LIVE ENTERTAINMENT BEYOND SIMPLE PATRONS OF THE RESTAURANT.

YES, WE AGREE ESPECIALLY EVENTS PERMIT. WE WOULD HAVE TO COMPLY WITH THE SPECIAL EVENT PROCEDURES AND PROVISIONS IN THE CODE.

YES. THANK YOU. CAN I SAY ONE THING, MADAM MAYOR? YES. I THINK IF THEY DECIDED TO PROMOTE THEIR FACILITY BECAUSE THEY NOW HAVE LIVE ENTERTAINMENT AND CAN STAY OPEN UNTIL 1 A.M.

AND THEIR BUSINESS MODEL SAYS, IF YOU'RE A VIP AND WE'RE OFFERING A PACKAGE FOR THAT NIGHT AND IT'S NOT CHANGING ANYTHING, IT'S NOT A SPECIAL EVENT. THAT'S A PARTY WITH THEIR PATRONS AND THEY'RE OPERATING THE BUSINESS IN THE SAME WAY.

THAT DIFFERENTIAL, I THINK, GETS LOST SOMETIMES IN THAT, IN THAT THE APPLICATION HE'S TRYING TO STRESS THERE.

SO YOU CAN HAVE A SPECIAL EVENT WITHIN YOUR FACILITY, AS LONG AS YOU'RE KEEPING THE SAME RESTAURANT FOOTPRINT AND THE CHARGES THAT YOU DO, IF IT MODIFIES ANY OF THE LOCATIONS OR ANYTHING, THEY WOULD HAVE TO COME AND COME BACK TO YOU.

I JUST WANTED TO BRING THAT FINER POINT TO THAT.

THANK YOU. THANK YOU FOR THAT CLARIFICATION. OKAY.

IF THERE'S NO FURTHER DELIBERATIONS, COUNSEL.

WITH THAT, I'D LIKE TO MAKE A MOTION CROSSING MY FINGERS TO APPROVE THE LIVE ENTERTAINMENT PETITION.

25 LA SEVEN WITH THE EIGHT. EIGHT LISTED PLUS THE NINTH OF A SHUNT VALVE SHUNT TRIP. I'M SORRY. THERE IT IS.

A A SHUNT TRIP AND THE NEW YEAR'S EVE TIME BEING 1 A.M..

IS THAT OKAY? IS THAT OKAY? AND THE RESOLUTIONS WILL BE INCLUDED WITHIN THE THE WHEREAS CLAUSES WILL BE THE THE WAY TO DO THAT.

CORRECT. GIVE THE CHRONOLOGY OF THE ORDINANCES AND RESOLUTIONS IN THE.

THAT'S OKAY. I BELIEVE THE RECITALS IS IS THE MOST APPROPRIATE PLACE SINCE THE LIVE ENTERTAINMENT IS NOT NECESSARILY TIED TO THE CONDITIONAL USE, BUT IT'S GOOD TO JUST TELL THE TIMELINE OF ALL OF THIS SINCE FIVE YEARS IS JUNE 19TH THREE MONTHS AWAY, FOUR MONTHS AWAY. SO IT'S APPROACHING SOON. OKAY.

I HAVE A MOTION BY COUNCIL MEMBER CRAMER. TOUGH ONE SECOND HALF A SECOND BY COUNCIL MEMBER BARTON. MADAM CLERK, PLEASE PULL THE COUNCIL.

COUNCIL MEMBER. BARTON. YES. VICE MAYOR. BLANKENSHIP.

NO. COUNCIL MEMBER. SCHULTZ. YES. COUNCIL MEMBER.

[03:25:01]

CRAMER. YES. MAYOR. HARTMAN. YES. I LOST TRACK 4 TO 3.

YES. THANK YOU. OKAY. THANK YOU. AND WITH THAT, THAT TAKES US TO OUR EXECUTIVE SESSION.

[17.B) Executive Session regarding Riccardo, Theresa v. City of Naples, Case No. 24-CA-002400, 20th Judicial Circuit, in and for Collier County, Florida (12:30pm Time Certain).]

[17.C) Executive Session regarding Oyola, Carmen v. City of Naples, Case No. 24-CA-002335, 20th Judicial Circuit in and for Collier County, Florida. (approximately 1:30 PM or immediately following the previous Executive Session scheduled at 12:30 PM).]

SO WE HAVE TWO BACK TO BACK. I'M GOING TO GO AHEAD AND READ THEM BOTH.

JUST FOR THE RECORD, SO THAT THE PUBLIC UNDERSTANDS THAT WE'RE GOING TO BE HEARING TWO CASES AND THEN COMING BACK. SO THANK YOU FOR YOUR INDULGENCE.

AT THE JANUARY 21ST, 2026 PUBLIC MEETING, PURSUANT TO FLORIDA STATUTE 286 .011, SUBPARAGRAPH EIGHT, YOUR CITY ATTORNEY, MATTHEW MCCONNELL, ANNOUNCED HIS REQUEST FOR AN EXECUTIVE SESSION IN CASE DONALD RICARDO THERESA VERSUS CITY OF NAPLES CASE NUMBER 24 CA DASH 002400. IN IN FOR COLLIER COUNTY, FLORIDA CITY COUNCIL AGREED TO MEET IN EXECUTIVE SESSION AS REQUESTED BY THE CITY ATTORNEY AT 1230 DURING ITS COUNCIL MEETING ON FEBRUARY 18TH, 2026, WHICH IS TODAY IN THE CONFERENCE ROOM ON THE SECOND FLOOR OF CITY HALL.

PUBLIC NOTICE OF THE EXECUTIVE SESSION WAS POSTED ON FEBRUARY 6TH AFTER THE ELECTION BY THE CITY CLERK.

EXECUTIVE SESSION IS EXPECTED TO LAST APPROXIMATELY ONE HOUR.

DISCUSSION DURING THE EXECUTIVE SESSION IS LIMITED TO EITHER SETTLEMENT NEGOTIATIONS OR STRATEGY RELATED TO LITIGATION EXPENDITURES.

THE ENTIRE SESSION IS BEING RECORDED BY A CERTIFIED COURT REPORTER. NO ACTION WILL BE TAKEN. ANY ACTION THAT COUNCIL IS REQUIRED TO TAKE WILL HAPPEN IN PUBLIC.

FOLLOWING INDIVIDUALS WILL BE PRESENT DURING THE EXECUTIVE SESSION. MAYOR TERESA HEITMANN, COUNCIL MEMBERS BILL KRAMER, LINDA PENMAN, BERNARD BARTON, TED BLANKENSHIP, JOHN KROL, SCOTT SCHULTZ, CITY MANAGER GARY YOUNG, CITY ATTORNEY MATTHEW MCCONNELL, ATTORNEY JEFFREY HARCOMBE, AND A REPRESENTATIVE FROM DINES COURT REPORTING.

AND THEN SUBSEQUENT TO THAT, EITHER AT 130 OR SHORTLY THEREAFTER, I AGAIN ON JANUARY 21ST, 2026, PURSUANT TO 286 .011 SUBPARAGRAPH EIGHT, FLORIDA STATUTES ANNOUNCED MY REQUEST FOR AN EXECUTIVE SESSION IN CASE STYLED OYOLA CARMEN VERSUS CITY OF NAPLES CASE NUMBER 24 002335. IN IN FOR COLLIER COUNTY, FLORIDA CITY COUNCIL AGREED TO MEET ON TUESDAY, FEBRUARY 18TH, 2026, AS REQUESTED AT 130 OR IMMEDIATELY FOLLOWING THE PREVIOUS EXECUTIVE SESSION THAT I JUST ANNOUNCED AT 1230.

CONFERENCE ROOM OF SECOND FLOOR PUBLIC NOTICE WAS ISSUED ON FEBRUARY 6TH.

AGAIN, EXECUTIVE SESSION IS EXPECTED TO LAST APPROXIMATELY ONE HOUR. DISCUSSION IS LIMITED TO ONE OF TWO TOPICS SETTLEMENT NEGOTIATIONS OR STRATEGY RELATED TO LITIGATION.

EXPENDITURES. FOLLOWING INDIVIDUALS WILL BE PRESENT DURING THE EXECUTIVE SESSION. MAYOR TERESA HEITMANN, COUNCIL MEMBERS BILL KRAMER, LINDA PENNIMAN, BRIAN BARTON, TED BLANKENSHIP, JOHN KRULL, SCOTT SCHULTZ, CITY MANAGER GARY YOUNG, CITY ATTORNEY MATTHEW MCCONNELL, ATTORNEY JEFFREY HARCKHAM, AND A REPRESENTATIVE FROM DINES COURT REPORTING.

THANK YOU. AND WITH THAT, WE'LL CLEAR THE ROOM AND WE ARE IN EXECUTIVE SESSION.

WE'RE BACK FROM EXECUTIVE SESSION. MR. MCCONNELL? YES. THANK YOU. MAYOR. NO ACTION IS BEING REQUESTED FROM COUNCIL AT THIS TIME. ANY ACTION THAT'S REQUESTED FROM COUNCIL WILL BE ADDED TO AN AGENDA AND HANDLED DURING THE PUBLIC HEARING. THANK YOU. THANK YOU. SO WE'LL GO BACK TO THE AGENDA ITEM 17 A MR.

[17.A) Consideration and Approval of the Amended 2026 City Council Regular, Workshop, and Community Redevelopment Agency (CRA) Meeting Schedule.]

AND IN THE PACKET YOU HAD AN AMENDED CALENDAR THAT I AM PROPOSING.

AND AS YOU KNOW, FOR THOSE NEW MEMBERS, NEWEST MEMBERS OF COUNCIL TRUE TRIM, WHICH IS TRUTH IN MILLAGE, IS SET BY THE STATE OF FLORIDA, AND YOU HAVE CERTAIN DATES THAT YOU MUST HAVE PUBLIC HEARINGS ON, AND YOU HAVE TO HAVE A FIRST PUBLIC HEARING AND A SECOND PUBLIC HEARING.

THEY MUST BE ADVERTISED. THE SECOND HEARING MUST BE ADVERTISED IN THE PAPER.

AND THEN THERE'S ALSO A PECKING ORDER IN TERMS OF JURISDICTIONS AND WHO CAN HAVE THEIR DATES AND WHEN YOU CAN HAVE THEM.

AND BY VIRTUE OF JURISDICTION, THE COUNTY GETS FIRST CHOICE, SCHOOLS GET SECOND.

AND THE MUNICIPALITY, LIKE THE CITY OF NAPLES, WOULD BE THIRD.

SO WHEN WE LOOK AT THE CALENDAR THAT WE ADOPTED.

IT'S TRADITION FOR US IN THE MONTH OF SEPTEMBER TO TRY TO PIGGYBACK EITHER A COUNCIL MEETING OR WORKSHOP AND TRY TO HAVE BOTH HEARING DATES AT 505, SO AS NOT TO CREATE A WASTED DAY FOR YOURSELVES OR OTHER MEMBERS OF THE STAFF.

SO IN LOOKING AT THE CALENDAR, THE ORIGINAL DATES I'M GOING TO MAKE UP SOME PROPOSED CHANGES.

ON IS AUGUST OF 2026. THE CRA WAS SCHEDULED TO MEET ON AUGUST 27TH, WHICH MEANS OTHER THAN THAT CRA MEETING FOR THAT WEEK, YOU HAD NO OTHER SCHEDULED MEETINGS.

NOW, I SAY THAT BECAUSE THE CRA, BY ITS ITS, ITS RULES, IS TO MEET QUARTERLY.

THE FACT THAT IT'S SCHEDULED IN MARCH, JUNE AND THEN AUGUST MAKES IT SOMEWHAT IRREGULAR ANYWAY.

[03:30:06]

BUT AT THE END OF THE DAY, IT'S NOT A FULL DAY WASTED OR OBLIGATED TO BE HERE.

RATHER, IT'S TWO DIFFERENT MEETINGS. YOU BREAK, YOU COME BACK AND THEN COME BACK AT 505.

SO THOSE ARE THAT'S THE RECOMMENDED CHANGE IS MOVING THE CRA TO SEPTEMBER 8TH, SCHEDULING THE FIRST BUDGET HEARING ON SEPTEMBER 8TH AT 505, AND THEN GOING AHEAD AND SCHEDULING THE SECOND BUDGET HEARING AS SEPTEMBER 16TH FOLLOWING THE COUNCIL MEETING.

AS OF 505, THOSE ARE THE THREE RECOMMENDED CHANGES.

IF YOU AGREE WITH THAT BY CONSENSUS VOTE, WE CAN MAKE THOSE SCHEDULE CHANGES.

AND THEN THE LAST THING BEFORE WE FINALIZE ANYTHING IS THE PRIOR COUNCIL HAD DISCUSSIONS ABOUT POTENTIALLY WANTING A JOINT NA AND CITY COUNCIL MEETING. THE NA IS IS INTENDING TO.

I BELIEVE MR. ROSANSKY IS GOING TO HAVE SOME PRELIMINARY DISCUSSIONS WITH THEM, WITH THEM AT THEIR NEXT MEETING.

FROM MY PERSPECTIVE, I LOOKED AT A COUPLE DATES AND THAT WOULD BE MARCH 23RD AND 24TH.

IF IF COUNCIL WANTS TO SCHEDULE ANOTHER MEETING OR MARCH 30TH.

AND LET ME EXPLAIN MY RATIONALE. YOU ALREADY HAVE ON MARCH 26TH A SCHEDULED MEETING.

SO THAT MEANS YOU'RE ALREADY PLANNING ON BEING HERE IN IN TOWN AND OBLIGATED FOR THE WEEK IF YOU CHOSE THE MONDAY OR TUESDAY TO HAVE IT.

IT'S STILL IT'S THE SAME WEEK YOU ALREADY HAVE PREVIOUSLY SCHEDULED MEETING.

LIKEWISE THE 30TH. YOU'RE ALREADY SCHEDULED FOR AN APRIL 1ST WEDNESDAY COUNCIL MEETING, SO IT JUST SEEMED NATURAL.

NOW, I DON'T KNOW IF ANY OF THOSE DATES ARE WORKING.

I'M JUST THROWING THEM OUT AS POSSIBILITIES. SO YOU UNDERSTOOD MY RATIONALE AS I.

SO I GUESS THE TWO THERE'S THREE QUESTIONS. ONE, DO YOU AGREE WITH THE OTHER CHANGES? AND BY CONSENSUS, DO YOU AGREE TO MAKE THOSE PERMANENT CHANGES REGARDING THE CRA CHANGING THE MEETING TO SEPTEMBER 8TH, ADDING THE FIRST HEARING AND THE SECOND HEARING BY CONSENSUS? IF YOU CAN AGREE TO THAT, THAT'LL SET THE CALENDAR AS SCHEDULED.

THEN WE'LL TALK ABOUT THE OTHER. BUT I WANTED TO AT LEAST LET YOU KNOW THE OTHER PART. SO I APPRECIATE THAT LOGIC.

AND HAVING A MEETING TWO MEETINGS IN ONE DAY.

THAT'S OR WITHIN THAT WEEK. COUNCIL QUESTIONS? COMMENTS? NO, NO, YOU'RE YOU'RE IN AGREEMENT WITH THIS.

YES. THE FIRST PART TALKING ABOUT CRA FIRST AND THE CRA AND THE 2505 MEETING SCHEDULED.

OKAY. THANK YOU. MAYOR. CONSENSUS FOR YOU. THANK YOU.

SO THEN GETTING BACK TO IF YOU WANTED TO SCHEDULE.

AND AGAIN, IT'S A NEW COUNCIL. DO YOU WANT TO SCHEDULE A JOINT MEETING AND DO ANY OF THOSE DATES RELATING TO A JOINT MEETING WITH THE NA APPEAL TO YOU, OR IS THERE SOME OTHER DATE YOU WANT ME TO WHEN I REACH OUT TO THE NA AND MR. ROSANSKY TO HELP COORDINATE? BLANKENSHIP. WHAT'S THE PURPOSE OF THE WORKSHOP? WHAT? WHAT WAS THE GOAL TO TRY TO ACCOMPLISH? WELL. THERE'S TWO. OH, SORRY. GO AHEAD. WELL, AT SOME POINT, I'LL TURN IT OVER TO CITY ATTORNEY.

BUT THE DISCUSSIONS WERE AROUND THE PROPOSED ORDINANCE.

THERE WERE ALSO DISCUSSIONS THAT THE CHARTER REQUIRES.

IN THE CHARTER, IT STATES ABOUT HAVING NOT JUST A MEETING, BUT QUARTERLY MEETINGS.

AND WHAT I ASKED FOR ON JANUARY 21ST WAS NOT TO TAKE AWAY ANY OF MY WORKSHOPS THAT WE HAVE ENOUGH CITY BUSINESS.

AND SO I'M ASKING IF YOU WOULD CONSIDER HAVING A SPECIAL MEETING IF YOU WANTED TO, TO TAKE UP THE MANTLE FROM THE 21ST DISCUSSION.

I'LL LET THE CITY ATTORNEY SPEAK MORE TOWARD TOWARDS THAT.

MAYOR, MAY I PLEASE? THANK YOU, MR. YOUNG. SO, YEAH, IN THE COMPREHENSIVE PLAN, WHICH WE'VE BEEN LOOKING AT A LOT, AND ME AND OUR OFFICE AND STAFF REGARDING THE AIRPORT IN GENERAL, WE CAME ACROSS A POLICY THAT REQUIRES QUARTERLY MEETINGS.

THOSE ARE SPECIFIC TO REVIEW AND COMMENT ON PROPOSED AIRPORT BUDGET AND DEVELOPMENT.

THOSE, FROM WHAT I CAN TELL, HAVE NOT REALLY BEEN HAPPENING REGULARLY.

SO OBVIOUSLY THE COMPREHENSIVE PLAN IS SOMETHING THAT WE STRICTLY CONSTRUE AND ADHERE TO.

SO MY ADVICE TO PRIOR COUNCILS ON MULTIPLE OCCASIONS, AND MY ADVICE TO YOU TODAY IS TO GET THOSE QUARTERLY MEETINGS ON THE CALENDAR.

[03:35:04]

THAT WE PREPARED ON FIRST READING, I BELIEVE, FOR THE MEETING IN JANUARY WITH THE LAST COUNCIL.

A LOT OF DISCUSSION, A LOT OF PUBLIC COMMENT FROM SOME OF THE STAKEHOLDERS.

AND ESSENTIALLY THAT GOT CONTINUED WITH THE UNDERSTANDING THAT WE WOULD WORK OR AT LEAST REACH OUT AND ALLOW THE STAKEHOLDERS, THE NA, THE ABILITY TO PROVIDE COMMENTS. THE NA DID PROVIDE COMMENTS.

THEY WILL BE HEARD BY THE NA BOARD TOMORROW. THE NA MEETING MYSELF AND ANDREW DICKMAN WILL BE PRESENT.

AND THEN THE IDEA OF THE FIRST WORKSHOP, BECAUSE IT DOES SAY AIRPORT BUDGET AND DEVELOPMENT WAS ACTUALLY TO HAVE A DISCUSSION ON THE ORDINANCES AS A JOINT BODY WITH THE NA BECAUSE OF SOME OF THE CONCERNS THAT THEY RAISED.

SO HOPEFULLY THAT ANSWERS YOUR QUESTION. EXCUSE ME, I JUST WHO SAID THAT THERE WOULD BE A JOINT MEETING TO WITH THE NA ABOUT THE ORDINANCE? I'M SORRY I DIDN'T HEAR THAT LAST PART CLEARLY.

THAT WAS THE DIRECTION FROM COUNCIL IN AT THE JANUARY COUNCIL MEETING, AND I WANT TO SAY THERE WAS CONSENSUS TO DO SO BECAUSE I HAD RAISED CONCERNS ABOUT BEING TOLD SOMETHING IN PRIVATE CONVERSATIONS AND THEN THE BOARD BEING TOLD SOMETHING ELSE IN PUBLIC.

SO IN AN EFFORT FOR THAT NOT TO OCCUR AGAIN I THINK EVERYTHING SHOULD BE DISCLOSED IN PUBLIC TO BOTH BOARDS SO THAT WE HAVE BAR KIRSCH, WHOEVER ELSE NEEDS TO BE THERE, AND WE CAN JUST LET IT ALL OUT AT A PUBLIC HEARING.

SO THERE'S NO CONFUSION. OKAY. BUT I KNOW THERE ARE A COUPLE OTHER MEMBERS THAT WERE ON COUNCIL AT THAT POINT.

I MEAN, PLEASE CORRECT ME IF I'M WRONG, BUT THAT THAT WAS THE DIRECTION I RECEIVED. YEAH, I MY PERSONAL OPINION IS THAT YOU WOULD HAVE THAT DISCUSSION WITH US PRIOR TO GOING TO A JOINT MEETING, BECAUSE I, I THINK YOU'LL HAVE THAT INFORMATION BEFORE WE GO TO A JOINT MEETING.

SURE. YEAH. THAT'S NOT A PROBLEM. THE BOARD'S GOING TO RULE ON KIRSCH'S COMMENTS TOMORROW.

SO THEN WHY DON'T I WORK WITH GARY TO ADD THE COMMENTS THAT WE RECEIVED BACK FROM ALL THE STAKEHOLDERS TO THE MARCH 18TH MEETING, AND DID WE RECEIVED OR YOU RECEIVED AN EMAIL FROM KIRSCH REFERENCING HIS CONCERNS THAT EMAIL CORRECT WITH A RED LINE VERSION WITH THE PREFACE THAT THEY WERE GOING TO BE PRESENTED TO THE NA.

SO THEY'RE NOT NECESSARILY FINAL UNTIL THE BOARD HAS HAD AN OPPORTUNITY TO REVIEW AND COMMENT ON THEM.

OKAY. AND DID YOU SEND THAT OUT TO COUNCIL MEMBERS AND HAVE YOU? I HAVE NOT, BUT I CAN WITH THE PREFACE THAT THE BOARD TOMORROW MAY MAKE CHANGES, BUT YES, ABSOLUTELY. SO WE KNOW WHAT THEY'RE DISCUSSING.

THANK YOU KRAMER. THANK YOU MAYOR. YEAH. I RECALL JUST WITH MR. MCCONNELL'S SAYING IN THAT, IN FACT, SOMETHING THEY WERE FUSSING ABOUT WAS SOMETHING THAT YOU WERE WRITTEN IN VERBATIM FROM THEIR ATTORNEY, AND THEN THEY WERE COMPLAINING ABOUT IT, SO IT WAS GOOD.

IT'D BE NICE IF WE COULD GET EVERYBODY ON THE SAME PAGE WITH THAT. THE OTHER THING IS, IT'S COMPELLING. I THINK THE MAYOR BROUGHT IT UP IN THAT MEETING AS WELL, THAT WE ARE SUPPOSED TO HAVE QUARTERLY MEETINGS, AND WE IT'S BEEN TWO YEARS AND I THINK WE HAD ONE.

I THINK WE MIGHT HAVE TRIED TO HAVE ANOTHER. WE GOT A REPORT OR SOMETHING WITH THAT. ANYWAY AND FINALLY, I WOULD SAY AS PART OF THAT, MAYBE UNDER THE HEADING OF BUDGET AND THIS IS MONTHS NOW MR. MCCONNELL, WHERE WE ASKED OUR ATTORNEY, BARR, TO PROVIDE US DIRECTION ON HOW WE CAN OPEN UP THE LEASE WITH THE WITH THE POTENTIAL OF MONETIZING IT. AND WE STILL HAVEN'T HEARD BACK.

AND SO IF THAT COULD BE PART OF THAT CONVERSATION OR BEFORE THAT, IF WE CAN GET THAT INFORMATION, LIKE I THINK IT'S REALLY IMPORTANT. THANKS. HOW CAN WE OPEN THE LEASE AS FAR AS I.

YES. WITH MONETARY. WELL, WE WHAT DID YOU FOR EXAMPLE, WHAT'S OUR LEVERAGE? EXTENDING THE LEASE, I'VE ALWAYS ASSUMED, IS THE ONLY LEVERAGE WE HAVE RIGHT NOW. CAN WE OFFER TO EXTEND? OR DO WE NEED TO DO THAT? BUT AS FAR AS WE HAD TALKED AND WHAT IT LOOKS LIKE. FROM THE FAA SIDE, WE WOULD NEED TO EXTEND THE LEASE.

AND THEN WE COULD SAY, OKAY, NOW. NO MORE DOLLAR A YEAR.

WE'RE GOING TO EXTEND IT HOWEVER LONG. AND NOW THE THIS IS.

YOUR NEW LEASE AGREEMENT, THE 8 MILLION OR WHATEVER ANNUALLY IT WOULD BE.

AND THAT WAS WITH BAR OR JAMIE COLE. THAT WAS DIRECTION THAT I HAD ALREADY ACTUALLY RECEIVED.

THAT BAR IS WORKING ON. AND I WILL FACILITATE HIS RESPONSE TO THAT QUESTION THAT I RECEIVED PROBABLY IN THE FALL OF LAST YEAR.

YEAH, A COUPLE, 2 OR 3 MONTHS. ANYWAY, THERE WAS A CONSENSUS FROM COUNCIL NOT TO NEGOTIATE ANYTHING JUST TO PROVIDE WHAT A NEGOTIATION WOULD EVEN LOOK LIKE, WHAT CONSIDERATION WOULD NEED TO BE GIVEN, ETC..

EXACTLY. THANK YOU. ANYONE ELSE? MR. YOUNG, IN LIGHT OF THAT DISCUSSION AND TIMELINE, I THINK IT WOULD BE BETTER IF WE DON'T THINK OF THE 23RD, 24TH OR 30TH FOR THIS MEETING BECAUSE IF YOU'RE WANTING IT TO COME BACK TO YOU,

[03:40:05]

SO I THINK ONCE YOU HAVE A TIMELINE OF THAT, MAYBE TIME TO I'M JUST SAYING THE DATES I PROFFERED WON'T WORK UNDER THAT SCHEDULE.

SO I THINK IT WOULD BE SOMETIME MORE IN APRIL.

BUT WE CAN LOOK FOR SIMILAR DATES THAT COINCIDE WITH WEEKS.

YOU ALREADY HAVE A COUNCIL MEETING OR WORKSHOP, SO IF THAT'S THE WILL OF COUNCIL TO DO SUCH A THING, THANK YOU. AND THEY'RE DUE TO DISCUSS POSSIBLE DATES TOMORROW OR AT THEIR NEXT MEETING.

WELL, THEY'RE DUE TO DISCUSS THE REQUEST FROM THE JANUARY 21ST.

AND THAT ABOUT THE QUARTERLY OR POTENTIAL JOINT WORKSHOP.

OKAY. BLANKENSHIP. THANK YOU. I WOULD JUST SUGGEST WHATEVER WE DECIDE, THE AGENDA FOR THE WORKSHOP. JOINT WORKSHOP WILL BE WE NEED TO DO SOONER RATHER THAN LATER IF WE WANT TO CHANGE ANYTHING.

LEASE INTERLOCAL AGREEMENT ORDINANCE. IN MY VIEW, BEFORE SUMMER RECESS, WE COME BACK FROM SUMMER RECESS.

THERE'S A REASONABLE LIKELIHOOD A CAMPAIGN WILL BE GOING ON FOR NEW COMMISSIONERS TO BE ELECTED THE FIRST WEEK OF NOVEMBER.

I KNOW WE DON'T WANT THAT, BUT WE HAVE TO CONSIDER THAT'S A POSSIBILITY.

SO IT SEEMS TO ME WILL BE EASIER TO REACH AGREEMENT TO THINGS WE WANT TO HAVE AGREEMENT ON SOONER RATHER THAN LATER IF WE WAIT TOO LATE UNTIL SEPTEMBER OR OCTOBER TIME FRAME.

IT'S GOING TO BE TOUGH TO GET ANYTHING DONE. I WANT TO CLARIFY THAT.

COUNCILMEMBER BLANKENSHIP. COUNCIL. I MEAN, VICE MAYOR, COUNCIL MEMBER CRAMER MADE THE SUGGESTION, AND WE WE HAD A CONSENSUS THAT WE WOULD FIND OUT WHAT WE COULD DO IN OPENING THE LEASE.

I, AS YOU PROBABLY REMEMBER, I'M ALWAYS VERY CAUTIOUS ABOUT HOW WE MOVE FORWARD ON SOMETHING AND THEN IT ROLLS INTO AN ORDINANCE OR ACTION THAT, YOU KNOW, WE WEREN'T REALLY PREPARED FOR.

SO THAT BEING SAID I DON'T WANT TO MAKE DECISIONS ABOUT OPENING THE LEASE UNTIL WE HAVE AN UNDERSTANDING, A CLEAR UNDERSTANDING. BUT HAVING A I AGREE WITH YOU.

OKAY. I JUST AM CAUTIOUS. WE'RE RUNNING. WE MAY RUN OUT OF TIME IF WE DON'T ACT QUICKLY.

RUN OUT OF TIME FOR THE COMMISSION THAT'S IN PLACE.

YES, BECAUSE. AND THAT DOESN'T MEAN YOU CAN'T DO ANYTHING LATER.

OBVIOUSLY. IT JUST MEANS WE DON'T KNOW RIGHT NOW.

WE KNOW WHO WE WOULD BE TALKING TO ON THE OTHER SIDE, POTENTIALLY AFTER THE FIRST WEEK OF NOVEMBER.

WE DON'T KNOW DON'T KNOW WHAT THEIR GOALS ARE, WHAT THEIR PLATFORMS WERE, WHAT THEY WANT TO TRY TO ACCOMPLISH.

IT MAY NOT BE IN SYNC WITH WHAT WE WOULD LIKE.

DO WE KNOW WHAT THIS COMMISSION AND THEIR, THEIR POSITION WOULD BE? I'VE HEARD FROM SOME INDIVIDUAL COMMISSIONERS, BUT NOT NECESSARILY JUST LIKE WE HAVEN'T DISCUSSED.

SO THAT WOULD BE A GOOD CONVERSATION AT THE JOINT MEETING.

EXACTLY. BUT NOT A AFTER WE'VE HAD A CHANCE TO THINK ABOUT WHAT WE WOULD LIKE TO ACCOMPLISH AT THE WORKSHOP.

MARCH. YEAH. DOES THAT MAKE SENSE? YES. NO. THANK YOU FOR THAT CLARIFICATION.

THE 30TH MAY BE THE PRACTICAL DATE, THE 24TH, MAYBE A QUICK TURNAROUND FROM THE 18TH.

YOU START ON THE 19TH AND THAT'S ONLY THE FIVE DAYS.

BUT THE 30TH IS, WHICH WOULD BE THE MONDAY BEFORE YOUR WEDNESDAY COUNCIL MEETING, WHICH IS APRIL 1ST, BE A TARGET IF IT'S UNABLE TO BE ACCOMPLISHED.

I THINK BECAUSE THEN YOU GET INTO APRIL AND THEN YOU HAVE THE WEEK OF EASTER AND SO ON, AND YOU ALREADY HAVE THE TWO THE WEEK BEFORE AS A COUNCIL MEETING, THE WEEK AFTER EASTER IS A COUNCIL MEETING AND WORKSHOP.

SO I THINK YOU EITHER HAVE THE 30TH THERE OR YOU PICK THE, THE, THE, THE WEEK AFTER THE COUNCIL IN APRIL.

SO THOSE ARE MY RECOMMENDATIONS FOR THE FIRST CONSIDERATION.

THAT'S BASED ON THE CALENDAR. IF YOU ARE ANY DATE YOU ALL SO CHOOSE.

I'M TRYING TO NAVIGATE YOUR SCHEDULES AND THE WORK SCHEDULE ALONG WITH THAT ON THE FLY.

SO. DID YOU SAY MARCH 30TH OR MARCH THAT WEEK OF THE 23RD? IS THAT CORRECT? WELL, I THINK THAT BUT IF WE'RE AS A COUNCIL WANT TO SEE IT FIRST AND THEN TO PREPARE FOR THAT, IT'S A QUICK TURNAROUND TO GET IT BACK TO THEM IF YOU'RE GOING TO.

I MEAN, AGAIN, IT'S JUST IT'S A LITTLE QUICK TO DO THAT.

I THINK YOU'RE BETTER OFF CHOOSING THE 30TH IF YOU CAN, AND THAT KEEPS IT.

[03:45:02]

BECAUSE YOU HAVE AN APRIL 1ST COUNCIL MEETING.

I AGREE. AND IF YOU KNOW AGAIN AND WE'LL KNOW AFTER THEIR DISCUSSIONS TOMORROW, BUT MY MY POSITION WOULD BE IS WE'RE NOT GOING TO SET ANYTHING TODAY.

WE'RE GOING TO TARGET THE 30TH, IF YOU AGREE WITH THAT AND THEN TARGET IN MY OPINION, EITHER THE WEEK OF APRIL 20TH THROUGH THE 24TH AFTER THAT, SHOULD THAT NOT BE AVAILABLE JUST BECAUSE OF YOUR EXISTING SCHEDULE AND THE REMAINING AND SCHEDULED MEETINGS AS WELL AS THE EASTER? I'M ASSUMING SINCE EVERYONE'S IN THEIR PHONES, THEY'RE THEY'RE THEY'RE SAYING THAT THE 30TH MIGHT BE A POSSIBILITY.

AND IF IF IT'S NOT AN ISSUE, THEN AND I HEAR THAT THE 30TH IS OKAY.

OKAY. OKAY. WE'LL WORK FROM THAT ANGLE. AND, YOU KNOW, OBVIOUSLY, I WORK WITH MR. MCCONNELL AND MR. ROZANSKI JUST IN TERMS OF GETTING THE FEEDBACK AFTER THEIR MEETING TOMORROW, AND WE'LL GO FROM THERE. OKAY. ANY FURTHER QUESTIONS? NO, I JUST HAVE ONE COMMENT, MAYOR, IF I COULD.

YES, SIR. BECAUSE I THINK I WAS GOING TO BRING IT UP DURING REPORTS AND I STILL WILL, BUT I THINK VICE MAYOR BLANKENSHIP BRINGS UP A GOOD POINT.

I THINK THIS POLICY HAS BEEN A POLICY FOR A WHILE, REGARDLESS OF WHETHER THE CITY AND THE NAR HAVE ADHERED TO IT.

I'M GOING TO KEEP BRINGING IT UP BECAUSE IT'S IN THE COMP PLAN AND WE NEED TO STRICTLY COMPLY WITH THE COMP PLAN. SO MY RECOMMENDATION IS NOT ONLY TO LOOK AT MARCH, BUT ALSO TO LOOK AT JUNE AND THEN LOOK AT OCTOBER AND THEN LOOK AT JANUARY AND GET EVERYTHING ON THE CALENDAR.

REGARDLESS OF WHAT HAPPENS WITH THE ELECTION, THEN YOU HAVE THESE MEETINGS ON THE CALENDAR AND YOU'RE IMPLEMENTING SOMETHING THAT SHOULD HAVE BEEN IMPLEMENTED PROBABLY YEARS AGO, SO THAT YOU'RE YOU'RE SETTING THE STAGE FOR WHATEVER IS TO OCCUR.

JUST MY OPINION. AND MADAM MAYOR, I ACTUALLY CONCUR WITH THAT.

BUT WHAT I DID WITH MR. ROZANSKI ALSO WAS INDICATED.

HE SAID WE NEVER HAD QUARTERLY MEETINGS. AND I SAID, WELL, I'M JUST TELLING YOU WHAT IT SAYS.

AND ALSO THAT MY ASSUMPTION WOULD BE WHEN YOU SCHEDULE THE FIRST, THAT YOU WOULD ALL WORK THROUGH THE EXISTING QUARTERS.

SO THAT'S WHY I KEPT MY FOCUS ON THE FIRST ONE.

SO THANK YOU, MAYOR. ALL RIGHT. ANY FURTHER QUESTIONS? COMMENTS? YES. OKAY. THAT CONCLUDES ITEM 17. YOUR COMPLETE MR. YOUNG. YOU GOT WHAT YOU NEED.

THANK YOU. THANK YOU. OKAY. NOW WE ARE GOING BACK TO THE RULES AND PROCEDURES.

[11.A) A Resolution Approving a First Amendment to Contractor’s Services Agreement Between the City of Naples And Verve Cloud, Inc., a Texas Corporation Authorized to do Business in the State of Florida, Formerly Known as T3 Communications, Inc., a Florida Corporation, for the Purpose of Consenting to an Assignment of the Agreement Between the City of Naples and T3 Communications, Inc., a Florida Corporation, to Verve Cloud Inc., a Texas Corporation Authorized to Do Business in The State of Florida, Including Additional Standardized Contract Terms Required by the City; Authorizing the City Manager to Execute the First Amendment to Contractor’s Services Agreement; and Providing an Effective Date. ]

WE HAD THE OLD RESOLUTION. AND THEN THERE WAS A SUPPLEMENT WHERE THE NEW RESOLUTION WAS GIVEN OUT. EVERYONE HAD A CHANCE TO LOOK AT THAT.

OKAY. ARE THERE I'LL SAY THE ONLY THING THAT'S MISSING FOR ME OUT OF THE RULES AND PROCEDURES IS THE FACT THAT AND I THOUGHT IT WAS IN THERE.

I WAS OPERATING ON OLD RULES AND PROCEDURES IN MY MIND FOR 2000 AND PAST BEHIND 16, THAT COUNCIL MEMBERS WOULD HAVE ONE CHANCE TO SPEAK AT FIVE MINUTES.

AND THEN IF EVERY COUNCIL MEMBER HAD THEIR TURN, THEN WE COULD GO BACK FOR IF ANYONE HAD A SECOND QUESTION.

AS RELATED TO COUNCIL TIME AND DELIBERATIONS.

ARE THERE DO YOU WANT TO ANY COMMENTS ABOUT THESE NEW RULES AND PROCEDURES? NO, SIR. THANK YOU. KRAMER. SO, MAYOR, BEFORE WE START, SHOULD I READ THE RESOLUTION? YES, SIR. OKAY. A RESOLUTION REPEALING RESOLUTION 2020 3-15153 AND UPDATING RULES AND PROCEDURES FOR CITY OF NAPLES CITY COUNCIL MEETINGS, PROVIDING FOR SCRIVENER'S ERRORS AND PROVIDING AN EFFECTIVE DATE. THANK YOU, COUNCILMEMBER KRAMER.

YES. A COUPLE THINGS. SORRY, I CHECKED MY CALENDAR TO GET THAT RIGHT. ON PAGE 12, I JUST WANT TO AMPLIFY THIS BECAUSE THIS IS I GOT. HIT IN THE HEAD WITH THIS A BUNCH OF TIMES.

[03:50:02]

SO I'M JUST GOING TO THROW IT OUT THERE. AND I'VE SAID IT BEFORE THAT.

AND I KNOW THAT THIS AUGUST BODY WILL DO THIS, BUT BE PREPARED AND FOCUSED.

THIS IS REALLY FOR THE PUBLIC WHAT WE'RE SUPPOSED TO DO. IT SAYS WHILE QUESTIONS AND CLARIFICATION WILL OCCUR, MANY QUESTIONS CAN BE ANSWERED BY STUDYING THE AGENDA PACKET OR WITH A PHONE CALL OR VISIT WITH STAFF BEFORE A MEETING.

I WOULD LIKE TO ADD TO THAT A PHONE CALL OR A VISIT, OR A PHONE CALL.

VISIT WHICHEVER WITH A PETITIONER AS WELL, THAT IF WE HAVE QUESTIONS OR SOMETHING DOESN'T MAKE SENSE OR IT'S NOT, OR YOU'RE A NO BECAUSE WE DON'T WANT TO WASTE OUR TIME THAT YOU COULD HAVE THAT CONVERSATION, WHICH IS SOMETHING I WAS TOLD TO DO. AND I BEFORE EVERY MEETING, I'M TRYING TO HAMMER THAT OUT.

AND I HAVE TO SAY, I NEVER, EVER WOULD WANT AND I GOTCHA FOR EITHER OUR STAFF OR PETITIONER WHEN WE KNEW SOMETHING WASN'T CORRECT AND THEN WE DIDN'T ADDRESS IT BEFORE THE MEETING. I THINK THAT IS BAD BEHAVIOR.

AND THEN I ALSO WANT TO SAY REGARDING LIKE THE VOTE EARLIER TODAY IS A GOOD EXAMPLE.

WE ALL I THINK WE ALL KNOW THAT WHEN IT COMES TO A VARIANCE, THERE ARE VERY SPECIFIC CRITERIA AND, AND VERY SPECIFIC REASONS WHY WE CAN DENY IT.

AND WE HAVE TO MEET ONE OF THOSE. SO IF WE'RE GOING TO DENY IT WE HAVE TO SAY THIS IS THE CRITERION.

THIS IS WHY I'M GOING TO DENY THIS. AND. AND YOU'LL AND YOU'LL WHEN YOU'RE READING WHATEVER ITEM IN THE WHEREASES YOU'RE GOING TO AGAIN, YOU'LL GENERALLY GET MORE CRITERION.

IN THIS CASE, I'M THINKING ABOUT THE INDOOR MUSIC THAT ALMOST GOT DENIED.

IT WAS A43 VOTE, AND I MAY NOT LIKE THE BUSINESS MODEL.

AND I CAN PROMISE YOU I'M TALKING TO MYSELF ON THIS BECAUSE THERE'S PLENTY OF PROJECTS AROUND TOWN THAT I'M LIKE, HOW DID THEY LET THAT GET GOING? AND THEN BUT THE FACT IS, ONCE IT'S A PREVIOUS COUNCIL HAS MADE A CHOICE. WE CAN'T PUSH BACK ON IT JUST ARBITRARILY.

THERE ARE REASONS WE CAN. AND SO IF YOU LOOK AT SECTION 50 6-1 25 OF OUR CODE, IT WILL TALK SPECIFICALLY ABOUT WHY WE CAN DENY LIVE ENTERTAINMENT PERMIT. AND ALL I'M GOING TO SAY IS IF THAT THING WOULDN'T HAVE GONE THROUGH THEN THAT THAT WOULD HAVE BEEN A NECESSARY PART OF THE DENIAL IS WHERE WE SAY, WELL, THIS IS WHY.

BECAUSE YOU DID NOT. WHICHEVER ONE OF THESE SEVERAL REASONS ARE THAT ARE GIVEN IN OUR CODE.

AND I'M JUST THROWING OUT THERE BECAUSE IT ALMOST HAD TO HAPPEN. SO I SAY WELCOME ABOARD, AND I'M FIRED UP FOR FOR THE NEW COUNCIL.

I CAN'T EVEN AND IT'S FUNNY IS I WOULD NOT HAVE EVEN HAD THIS CONVERSATION RIGHT NOW IF IT WEREN'T FOR ME SITTING NEXT TO THE VICE MAYOR AND HIM POUNDING THIS INTO ME. SO I THINK YOU'RE WATCHING. THANK YOU FOR THAT.

AND I'M JUST REITERATING WHAT I HEARD MANY, MANY TIMES ESPECIALLY DURING MY FIRST YEAR HERE.

THANKS. FIRST CLARIFICATION. SO I THINK THAT IF POSSIBLE, I MEET WITH THE PETITIONER'S AGENT. BUT I DON'T HAVE TO AND I DON'T THINK THAT THERE'S ANY RULES THAT SAY YOU SHOULD.

I MEAN, I, I, I DO AS MUCH EDUCATION AS I POSSIBLY CAN.

I THINK IT'S ONLY FAIR. BUT I HAVE HEARD THERE'S ONE PERSON ON COUNCIL WHO DOESN'T MEET WITH PETITIONERS.

I DON'T KNOW IF IF THAT'S SOMETHING THAT WE HAVE A RIGHT TO SAY, YOU MUST.

I DO THINK IT'S A GOOD SUGGESTION TO SAY. I'M NOT SAYING YOU MUST.

YEAH. I'M SAYING I WOULD LIKE TO ADD THAT I WOULD LIKE TO MAKE IT A MUST.

I'M NOT CURRENTLY IT ISN'T A MUST. MY AGAIN MY I SAID THIS BEFORE.

WHEN I SEE PETITIONERS, WHEN I SEE JUST OUR CITIZENS SIT IN THE AUDIENCE, IT'S LIKE TO ME IT'S THE NATIONAL DEBT CLOCK.

WHEN THEY'RE SITTING WITH THEIR THREE LAWYERS, I JUST SEE IT SPINNING DOLLARS. AND HONESTLY, OUR VERY ESSENCE, OUR OUR TIME IS THE I MEAN, THERE'S NOTHING MORE VALUABLE.

AND I DON'T WANT TO WASTE ANYONE'S TIME EVER.

I WAS YOU KNOW, OUR MAYOR WOULD PROBABLY TELL YOU SHE PROBABLY KNOWS I WAS SCHEDULED LITERALLY TO THE MINUTE FOR MOST OF WHAT I DID ALL OF MY LIFE BECAUSE I DON'T WANT TO WASTE ANYONE'S TIME. AND SO I'M NOT TRYING. I KNOW I'VE BEEN ACCUSED BEFORE.

IF YOU WANT TO RUSH, I DON'T WANT TO RUSH THROUGH ANYTHING. I JUST WANT TO DO ALL OF MY HOMEWORK IN ADVANCE. I WANT TO BE THUMBS UP OR THUMBS DOWN HERE. NOW, IT DOESN'T MEAN I WANT TO ASK A QUESTION TO CLARIFY THE RECORD, BUT I SURE DON'T WANT TO ASK A QUESTION THAT WAS IN FOR ME.

I'M LIKE, I FEEL LIKE I'M A FAIL IF I ASK A QUESTION THAT'S HERE.

UNLESS IT'S JUST TO CLARIFY THE RECORD. AND, AND LIKE I SAID, IF THERE'S SOMETHING THAT WE CAN, IF THERE'S ANY TENSION, ANY CONTENTION THAT WE CAN ALLEVIATE BEFORE WE GET TO THE MEETING, I THINK IT'S INCUMBENT ON US TO DO THAT SO THAT AGAIN, THERE'S NO I GOTCHA MOMENTS THAT WE ESPECIALLY WITH STAFF,

[03:55:09]

AND SO IF THERE ARE, YOU KNOW, VERY OFTEN WE'RE, WE'RE TALKING ABOUT AN ITEM, AND THEN THE NEXT THING WE'RE TALKING ABOUT SOMETHING COMPLETELY UNRELATED TO IT. AND SO AGAIN, I'M NOT.

AND THOSE ARE VALID QUESTIONS AS MY POINT. BUT THOSE QUESTIONS COULD HAVE BEEN ASKED IN ADVANCE VERY OFTEN. AND I'M AS GUILTY AS ANYBODY. SO I PLEDGE TO DO BETTER.

AND I AND I WOULD HOPE THAT WE COULD JUST REALLY, REALLY PLACE A PREMIUM ON THE TIME OF THE PEOPLE THAT ARE SITTING IN OUR AUDIENCE.

AND AGAIN, I'M NOT FUSSING. I HOPE NOBODY SEES IT THAT WAY. WE'RE ACTUALLY TALKING ABOUT THIS NOW IS WHY I'M TALKING ABOUT IT.

YEAH. NO, I THINK THIS IS APPROPRIATE. WELL, I DON'T HAVE AN ISSUE WITH. I'M ACTUALLY TRYING TO FIGURE OUT WHERE YOU WERE ON PAGE 12, 10 OR 12.

PAGE 12, ITEM ITEM TWO DOT 12 OR ROMAN NUMERAL 12.

GOT IT. THANK YOU. DAVID. YEAH. PAGE 12, ITEM TWO DOT 12 MAYOR.

IF I MAY, ON A WORDING STANDPOINT, SIMPLY STATES.

SORRY. IT SIMPLY STATES THAT CLARIFICATION WILL OCCUR.

MANY QUESTIONS CAN BE ANSWERED BY STUDYING THE AGENDA PACKET OR WITH A PHONE CALL OR VISIT WITH STAFF FOR A MEETING, OR WITH A PHONE CALL OR VISIT WITH PETITIONER BEFORE MEETING.

DOESN'T SAY YOU HAVE TO. IT SAYS YOU CAN. YEAH, I MEAN THAT THAT ADDITIONAL THOSE ADDITIONAL WORDS WOULD SIMPLY BE SAYING YOU CAN DO THAT IF YOU THINK YOU HAVE QUESTIONS. OKAY. VICE MAYOR.

YEAH, I THINK THAT'S FINE. BUT I DO WANT TO MAKE SURE THAT IF YOU LEARN SOMETHING MATERIAL, ESPECIALLY IF IT'S A LAND DEVELOPMENT PETITION, THAT YOU MAKE SURE THAT INFORMATION GETS IN THE HEARING.

SO YOU'VE GOT THE ANSWER THAT YOU NEED, BUT WE NEED TO MAKE SURE EVERYBODY GETS THE SAME ANSWER.

I AGREE WITH THAT. I'M SORRY. THAT'S A GREAT I AGREE WITH THAT 100%.

AND THAT'S WHY I SAID, I MEAN, I WILL OFTEN ASK A QUESTION AGAIN JUST FOR THE RECORD, LIKE I KNOW THE ANSWER, BUT I WANT THIS NEEDS EVERYBODY NEEDS TO HEAR THIS ANSWER, YOU KNOW.

BUT THEY'RE PREPARED. THEY GET THE INFORMATION. THAT'S RIGHT. AND THEY DON'T HAVE TO COME BACK TO YOU LATER. THAT'S RIGHT. THAT'S MY WHOLE POINT. THANK YOU. YES.

MR. MCCONNELL, VICE MAYOR, RAISED A GREAT POINT.

AND I THINK IF WE DO GO THIS WAY, THERE SHOULD BE A PARENTHESES ABOUT EX PARTE COMMUNICATIONS OR SOMETHING, JUST TO REMIND YOU ALL THAT ANY OF THOSE CONVERSATIONS OR MEETINGS WITH THE PETITIONER SPECIFICALLY WILL BE EX PARTE AND WILL BE PART OF YOUR DISCLOSURES AT THE BEGINNING. YEAH.

SO EXCELLENT. WELL, WE'RE PRETTY WEAK AT THAT. BUT WE'RE GOING TO WE'RE GOING TO GET BETTER IN OUR EX PARTE DISCLOSURES ANY QUESTION FOLLOW UP QUESTION, IF YOU DON'T MIND, MAYOR, IN REFERENCE TO THE U.S. ATTORNEY'S COMMENTS WHEN WE MAKE OUR DISCLOSURES IN THE BEGINNING AND LET'S SAY, FOR EXAMPLE, I MIGHT SAY COMMUNICATION WITH STAFF, COMMUNICATION WITH PETITIONER, DO AT THAT POINT IN TIME, DO YOU WANT ME TO GO INTO THE DETAILS OF MY COMMUNICATION WITH PETITIONER OR SIMPLY STATE IT THEN AND THEN ONCE THE DISCUSSION IS TAKING PLACE ABOUT THAT PARTICULAR THAT PETITION IS THAT WHEN I THEN BRING OUT THE DETAILS OF MY CONVERSATION WITH THE PETITIONER.

I'M REALLY HAPPY YOU ASKED THAT. SO THE STATUTE'S CLEAR.

YOU HAVE TO STATE ENOUGH TO GIVE SOME TO GIVE SOMEONE, WHETHER IT BE THE APPLICANT OR SOMEONE WITH STANDING OR PROPERTY OWNER, ENOUGH INFORMATION TO BE ABLE TO ARGUE AGAINST IT OR TO UNDERSTAND WHAT OCCURRED.

SO MEETING WITH STAFF TO ME IS KIND OF EXPECTED OF YOU ALL.

I WOULDN'T REALLY SAY THAT'S EX PARTE, SO TO SPEAK, BECAUSE IT'S ALL ON THE AGENDA MATERIAL THAT'S BEING PUBLISHED.

BUT A SITE VISIT IS DIFFERENT BECAUSE THERE'S NO SITE TO REVIEW. WHEN YOU'RE IN THE HEARING, AND YOU HAVE TO STATE ENOUGH TO ALLOW SOMEONE WHO WOULD PROBABLY BE DISAGREEING WITH YOU TO BE ABLE TO ARGUE AGAINST IT, IS THE BEST WAY TO DESCRIBE IT.

DO WE MAKE THAT STATEMENT WHEN WE ARE MAKING OUR DISCLOSURES AT THE BEGINNING OF THAT? OKAY.

YOU SHOULD. BUT IT AS LONG AS IT HAPPENS DOESN'T HAVE TO HAPPEN AT THE BEGINNING.

WE DO IT AS LONG AS IT HAPPENS BEFORE THE VOTE OCCURS.

OKAY. WITHIN THE RECORD. SO YOU MAY THINK OF SOMETHING AS AND THAT'S FINE, BUT YOU NEED TO DISCLOSE IT AS PART OF THE RECORD.

UNDERSTOOD. THANKS. ANYONE ELSE? YES. SOMETHING DIFFERENT SECTION. IT'S ON THAT SAME PAGE. THE TIME LIMIT FOR PUBLIC SPEAKERS IS LISTED AS THREE MINUTES FOR EACH PERSON.

AND I WOULD LIKE TO SEE THE MAYOR HAVE FLEXIBILITY WHEN WE HAVE A LOT OF SPEAKERS ABOUT A TOPIC THAT ISN'T LAND DEVELOPMENT RELATED.

MAYBE IT'S, I DON'T KNOW, CULTURAL OR SOMETHING THAT'S NOT EVEN ON THE AGENDA, THAT THE MAYOR HAS THE OPTION TO REDUCE THE

[04:00:03]

THE COUNTY COMMISSION DOES THAT. YEAH. WHEN THEY HAVE LIKE, ESPECIALLY IF THEY HAVE 100 OR 200 SPEAKERS ABOUT SOMETHING.

AND I'D LIKE TO SEE YOU HAVE THAT FLEXIBILITY.

I DO. BECAUSE THE LAST TIME IN WORKING WITH OUR CHARTER AND WITH MR. MCCONNELL. I STATED IT THE DAY OF THE MEETING THAT WE WERE GOING TO GO TO ONE MINUTE FOR PUBLIC SPEAKING.

AND SO DO YOU WANT TO ADDRESS THAT, MR. MCCONNELL? AGAIN, I THINK IT'S A GREAT SUGGESTION TO INCLUDE IN OUR RULES INSTEAD OF DEFAULTING ON THE STATUTE.

I CAN JUST IT'S A GREAT SUGGESTION TO INCLUDE JUST GIVING FLEXIBILITY, AND I CAN HELP DRAFT.

I KNOW THE INTENT OF WHAT YOU'RE TRYING TO SAY.

AND WE DID JUST DO IT AT THE JANUARY MEETING.

SO I JUST LIKE CLARIFYING THAT WE SOMEHOW PEOPLE WERE COMING IN AND SAYING, WELL, I'M, I'M GIVING MY TIME TO THIS PERSON WITHOUT CHECKING IN AND ASKING THE CLERK WHO WOULD ASK ME.

AND SO THAT'S WHY THAT'S IN THIS RULES. NOW THAT WE'RE NOT GOING TO ASSUME THAT YOU CAN JUST STAND UP AND SAY, I'M GOING TO SEE MY TIME TO SOMEONE ELSE. SO HOPEFULLY WE'VE ADDRESSED THAT IN HERE.

YES. KRAMER AND I'VE SPOKEN WITH OUR CITY ATTORNEY ABOUT THIS BEFORE.

IF I RECALL, MATTHEW, CORRECT ME IF I'M WRONG.

OUR STATE STATUTE DOES NOT REQUIRE PUBLIC COMMENT.

WE MAY ALLOW IT, BUT IT DOES NOT REQUIRE IT FOR WORKSHOPS.

IS THAT THE CASE? CORRECT. SO PUBLIC COMMENT IS REQUIRED PRIOR TO ANY ACTION BEING TAKEN BY COUNCIL STATUTES WRITTEN.

REALLY WEIRD PUBLIC COMMENT PRIOR TO ANY ACTION, BUT DOES NOT HAVE TO BE AT THE SAME MEETING AS THAT ACTION.

DON'T KNOW WHAT THAT MEANS, BUT I DON'T SEE HOW THAT WOULD HELP YOU IN YOUR DECISION.

BUT YOU ARE CORRECT. WORKSHOPS. NO ACTION IS TAKEN, ONLY CONSENSUS IS GIVEN.

THERE IS NO REQUIREMENT TO HAVE PUBLIC COMMENT BECAUSE YOU ARE NOT TAKING ACTION AS A COUNCIL IN THE INTEREST OF TIME.

IN THOSE MEETINGS, I'D LIKE TO GIVE THE MAYOR FLEXIBILITY TO NOT HAVE PUBLIC COMMENT AND LET PEOPLE KNOW IN ADVANCE IF SHE IF SHE'S GOING OR IF WHOMEVER THE MAYOR IS SORRY HE OR SHE IS GOING TO OR NOT GOING TO. I THINK THEY SHOULD HAVE THAT FLEXIBILITY, BECAUSE THERE ARE TIMES WHEN THERE'S JUST SO MUCH ON THE AGENDA.

AND WE'VE HAD, FOR EXAMPLE, WE'VE HAD MEETINGS WHERE PEOPLE IT HAS NOTHING TO DO.

THEY'RE TALKING ABOUT FLUORIDE. WE'RE IN A WORKS LIKE NO.

SO I'M, I'M, I WOULD LIKE TO AT LEAST TO HAVE THE FLEXIBILITY THAT IN WORKSHOPS CONSISTENT WITH STATE STATUTE.

IF YOU DO NOT HAVE TIME OR FEEL THE NEED FOR PUBLIC COMMENT, THEN YOU WILL NOT HAVE IT.

I WOULD JUST LIKE THAT TO BE PART OF IT. NOW I'M JUST ONE VOICE.

AND I THINK PUBLIC COMMENT IS EXTREMELY IMPORTANT.

BUT I ALSO THINK IT'S REALLY IMPORTANT TO GET THE WORK DONE AND NOT HAVE YOUR TIME HIJACKED. IF I CAN ADDRESS THAT TO YOU.

I AGREE HAVING YOUR WORKSHOP TIME HIJACKED WOULD BE THE PERFECT OPPORTUNITY TO SAY THAT WE'RE GOING TO LIMIT THE PUBLIC COMMENT, EVEN IF IT AND I'LL CLARIFY WITH THE ATTORNEY THAT IT'S AT A PARTICULAR ITEM THAT'S UNEXPECTED, THAT WE'RE GOING TO HAVE 50 PEOPLE COME AND SPEAK ABOUT BUT A WORKSHOP, YOU WANT PUBLIC COMMENT, BECAUSE THAT'S THE WHOLE PURPOSE OF A WORKSHOP IS TO GET THE PUBLIC'S INPUT ON ITEMS BEFORE YOU GO TO YOUR ORDINANCE RESOLUTION OR WHATEVER POLICIES YOU'RE MAKING.

BUT I UNDERSTAND THE TWOFOLD OF YOURS. YEAH. GENTLEMEN, WE'RE HERE AT THE BEHEST OF THE PUBLIC. WE WORK FOR THE PUBLIC, I DON'T THINK YOU CAN PUT A TIMELINE OR A TIME FRAME ABOUT AROUND HOW MUCH TIME WE SPEND WITH THE PEOPLE WHO PUT US HERE.

SO I JUST FUNDAMENTALLY HAVE A PROBLEM WITH THAT.

I MEET WITH ANYBODY, ANY TIME, ANY PLACE, TALK TO THEM.

I DON'T CARE WHAT. BUT IF THEY WANT TO COME AND MAKE PUBLIC COMMENT OR WHATEVER, I THINK WE HAVE TO LISTEN FRANKLY.

SORRY. THAT'S MY DEAL. AND I THINK THAT LATELY, IN THE LARGE CROWDS, WE'VE BEEN THEY'VE BEEN VERY REASONABLE.

AS I REACH OUT AND SAY, COULD YOU CONSIDER HAVING ONE SPEAKER? AND, YOU KNOW, I THINK IT'S ABOUT COMMUNICATION ALSO, EVERYBODY WANTS TO BE HEARD.

YOU'RE STILL ON THE RECORD BY YOUR SLIP. BUT IT AND JUST I JUST WANT TO REITERATE I'M JUST TALKING ABOUT WORKSHOPS SPECIFICALLY JUST WORKSHOPS.

[04:05:09]

SO I THINK WE'RE PROTECTED. YEAH. I WOULD JUST CHIME IN THAT I THINK WE SHOULD HAVE PUBLIC COMMENT AND WORKSHOPS.

I THINK THAT'S VERY VALUABLE IN THE WHOLE DECISION MAKING PROCESS.

AND TO ELIMINATE THAT WOULD BE BE THE WRONG THING TO DO.

WELL, AGAIN, I DON'T THINK WE'RE TRYING TO ELIMINATE IT. I THINK WE'RE TRYING TO GIVE DISCRETION TO THE MAYOR FOR FOR CHOOSING TO DO IT OR NOT TO DO IT. AND THE PROBLEM IS THE PROBLEM THAT ARISES. MAY OR MAY I HAVE A MINUTE AND I'LL CONTINUE.

SORRY FOR NOT ASKING. THE PROBLEM IS, IS THAT, YOU KNOW, WE MIGHT BE HAVING A WORKSHOP ABOUT THE AIRPORT, AND WE MIGHT HAVE 35 PEOPLE IN HERE THAT WANT TO TALK ABOUT A PARADE.

YOU KNOW, WE THE WORKSHOP IS THERE SPECIFICALLY TO TRY TO HELP US MANAGE AND AND GOVERN OUR, OUR MUNICIPALITY IN A WAY THAT'S EFFICIENT AND EFFECTIVE AND, AND ALSO IN A WAY THAT PROVIDES QUALITY TO OUR PUBLIC.

AND THE WHOLE POINT OF THE WORKSHOP IS TO HELP US COME TO DECISIONS AND FIND A METHODOLOGY AND A PROCEDURES THAT ARE GOING TO HELP THE PUBLIC, AND HAVING THOSE MEETINGS HIJACKED BY SOME OTHER TOPIC IS NOT GOING TO HELP THAT.

SO SO AGAIN, IT'S THE DISCRETION OF THE MAYOR.

I DON'T THINK WE'RE TRYING TO REMOVE IT. AND THANK YOU, COUNCILMAN BARTON, BECAUSE THAT'S EXACTLY AS I ASKED FOR LEGAL ON THIS, THAT IF IT'S NOT IN REFERENCE TO A SUBJECT ON THE AGENDA, THEN PLEASE REFRAIN TO THE END OF THE MEETING FOR THAT DISCUSSION. IF THIS IS, IF WE SEE THAT IT'S GOING TO BE MONOPOLIZING THE TIME AND AND US BEING ABLE TO ADDRESS THE ISSUES ON THE AGENDA.

SO THANK YOU FOR THAT. SCHULTZ, CAN WE FIND A WAY TO LIMIT IT TO CITY RESIDENTS, NOT THE OUTSIDE GROUPS FROM ALL OVER HELL AND BACK.

EXCUSE MY LANGUAGE, BUT THAT JUST THE PEOPLE THAT RESIDE IN THE CITY, THAT PAY THE.

PAY OUR FREIGHT. WE LIMIT THEM TO BE ABLE TO SPEAK FREQUENTLY.

YOU'RE GOING TO TELL ME? NO, BUT IT'S AN IDEA, I WON'T.

I'LL. I'LL LET THE ATTORNEY ANSWER IT. BUT I KNOW THERE'S ONLY ONE CITY IN FLORIDA THAT HAS ACTUALLY IMPLEMENTED A POLICY LIKE THAT AND SURPRISINGLY, HAS. IT'S WORKED. IT'S SAINT PETE. BUT WHAT THEY DO IS THEY ALLOW.

FOR QUASI JUDICIAL, THEY ALLOW EVERYONE TO SPEAK FOR AGREEMENTS AND STUFF THAT ARE SPECIFIC TO THE CITY.

IT'S ONLY CITY RESIDENTS. I MEAN, I CAN LOOK INTO IT.

I DON'T KNOW IF I WOULD ADVISE IT TO DO THAT JUST BECAUSE I THINK DUE PROCESS, IF YOU'RE IF YOU'RE GOING TO GET SUED OVER A DUE PROCESS THING, IT'S ALWAYS BETTER TO JUST GIVE THEM A LITTLE EXTRA TIME OR LET THEM SPEAK TO AVOID AN UNNECESSARY LAWSUIT.

BUT I CAN ABSOLUTELY LOOK INTO IT. BUT IF SOMEBODY DOESN'T LIVE HERE AND THEY WANT TO COME TALK ABOUT THE PRICE OF TEA IN CHINA, WHY DO WE HAVE TO LISTEN TO THAT? IT'S A COUNCIL DECISION.

WELL, THEY HAVE ACCESS TO THE BEACHES, SO MAYBE A BEACH ISSUE IN THE COUNTY HAS ACCESS TO, SO THEY PROBABLY HAVE A RIGHT TO COMMENT. THAT'S LIKE SAYING THEY DRIVE ON OUR STREETS, THEREFORE THEY SHOULD JUST POP IN. I'M NOT WILLING TO ENTER.

I DON'T I DON'T WANT TO ENTERTAIN THAT. BUT IF.

THANK YOU. I MEAN, I UNDERSTAND YOUR SENTIMENT EXACTLY.

TIME IS SHORT. TWO WAYS TO KILL A PERSON. SHOOT HIM OR WASTE YOUR TIME. OKAY.

ANY FURTHER? I WAS GOING TO GO INTO KIND OF WELCOMING AND SOME INFORMATION AND THEN LET MR. YOUNG SPEAK ABOUT SO THAT WE HAVE A MORE COHESIVE OF WHERE WE WERE AND WHERE WE'RE GOING.

BUT I THINK I'LL SAVE THAT FOR THE BEGINNING OF CORRESPONDENCE.

IF WE CAN HAVE A MOTION TO APPROVE THE RULES AND PROCEDURES.

MAYOR BEFORE. CAN I JUST CLARIFY THAT BECAUSE I DON'T I THINK THE MOTION IS JUST GOING TO ENCOMPASS THE CHANGES THAT WERE SUGGESTED.

CAN I JUST CLARIFY THEM SO I KNOW THE DIRECTION? THANK YOU. NUMBER ONE, I JUST WANT TO MAKE A POINT ON PAGE 18 TO COACH OR TO COUNCIL MEMBER KRAMER'S POINT.

IT DOES ACTUALLY LIST OUT SPECIFIC CRITERIA. SO FOR QUASI JUDICIAL, YOU DO HAVE TO LIST OUT SPECIFIC CRITERIA FOR GRANTING AND DENYING.

THAT WAS AN ADDITION THAT WAS ADDED. SO I JUST WANT TO TO POINT THAT OUT TO LET YOU KNOW IT'S IN THERE.

SO THE ONLY THING I REALLY RECEIVED WAS PAGE 12 RIGHT ABOVE NUMBER THREE PUBLIC PARTICIPATION.

ROMAN NUMERAL 12. IT'S A SUGGESTION WE'RE GOING TO ADD ALSO AS A SUGGESTION THAT YOU CAN MEET WITH THE PETITIONER, PETITIONER'S AGENT OR APPLICANT IN PARENTHESES.

I WILL PUT A LITTLE REMINDER THERE THAT THESE MAY BE EX-PARTE DISCLOSURES THAT NEED TO BE IDENTIFIED AT THE BEGINNING OF THE HEARING.

YEAH, I JUST DIDN'T HEAR THAT'S WHAT YOU SAID.

I THINK YOU JUST SAID PETITIONER, BUT I THINK WE SHOULD ENCOMPASS IT IN LIKE APPLICANT AGENT ANYONE THAT'S REPRESENTING THE PERSON APPLYING.

[04:10:15]

THE INDIVIDUAL TIME OF EACH SPEAKER. AND THEN I THINK I HEARD SOMETHING SPECIFIC TO WORKSHOPS, BUT WE COULD JUST MAKE IT EVERY MEETING THAT, YOU KNOW, THE GIVING THE MAYOR FLEXIBILITY TO MOVE PEOPLE WHO ARE DISCUSSING THINGS THAT ARE NOT ON THE AGENDA TO THE END PUBLIC COMMENT.

OKAY. YES. YES. YES. NO. CLOSED. OKAY. PERFECT.

AND UNLESS I MISS SOMETHING, THAT'S ALL I HEARD. OKAY.

ALL RIGHT. YES, SIR. YES, SIR. I'D LIKE TO MAKE A MOTION TO APPROVE THE RESOLUTION FOR UPDATING RULES AND PROCEDURES WITH. WITH THE TWO CHANGES THAT WERE JUST RECENTLY SUGGESTED BY OUR ATTORNEY.

OR DO YOU NEED ME TO GO INTO THE DETAILS OF WHAT WE JUST DISCUSSED? NO, I WOULD JUST SAY CHANGES BECAUSE I THINK I LISTED MORE THAN TWO.

OKAY. OH. THANK YOU. YES. WITH THE CHANGES THAT WERE DISCUSSED. I HAVE A MOTION BY COUNCIL MEMBER BARTON FOR APPROVAL WITH CHANGES AND A SECOND BY COUNCIL MEMBER KRAMER. I CAN DO AN ALL CALL.

ALL IN FAVOR? AYE. AYE. OPPOSED? THANK YOU. COUNCIL PASSES UNANIMOUSLY.

[11.B) A Resolution Approving a Second Amendment to Contractor’s Services Agreement Between the City of Naples And Verve Cloud, Inc., A Texas Corporation Authorized to do Business in the State of Florida, Formerly Known as T3 Communications, Inc., a Florida Corporation, for the Purpose of Authorizing Continued Services from Verve Cloud, Inc., a Texas Corporation Authorized to do Business in the State of Florida,, as a Provider of Internet Services to the City of Naples, Extending the Previous Agreement for the Fifth and Final Extension Year Ending on September 30, 2026, in the Not-To-Exceed Yearly Amount of $130,319.78; and Providing an Effective Date.]

[17.D) Announcement of an Executive Session associated with litigation styled Arolas, Rodolfo V. City of Naples, Office of the Judges of Compensation Claims, OJCC Case Numbers 24-006353JAW AND 24-006350JAW]

[17.E) Announcement of an Executive Session  associated with litigation styled Ureche, Cristina V. City of Naples, Case No. 24-CA-002183 20th Judicial Circuit, in and for Collier County, Florida.]

[17.F) Announcement of an Executive Session associated with litigation styled Barnicle, Donna v. City of Naples, Case No. 23-CA-001425, 20th Judicial Circuit, in and for Collier County, Florida.]

YEAH. MAYOR, IF YOU DON'T MIND, I'M JUST GOING TO GO STRAIGHT THROUGH D AND F. YES.

YEAH. OKAY. THANK YOU. SO THE CITY ATTORNEY IS ANNOUNCING HIS REQUEST FOR AN EXECUTIVE SESSION CLOSED TO THE PUBLIC FOR THE PURPOSE OF SEEKING ADVICE CONCERNING SETTLEMENT NEGOTIATIONS OR STRATEGY RELATED TO LITIGATION EXPENDITURES PURSUANT TO FLORIDA STATUTE 286 .011, SUBPARAGRAPH EIGHT. FOR THE CASE STYLED AS RODOLFO VERSUS CITY OF NAPLES.

OFFICE OF THE JUDGES OF COMPENSATION CLAIMS OJSC CASE NUMBER 24006353JAW AND 24006350 J.W. ON MARCH 4TH, 2026, AT APPROXIMATELY 1230, IN THE CITY'S CONFERENCE ROOM ON THE SECOND FLOOR OF CITY HALL.

EXECUTIVE SESSION IS EXPECTED TO LAST APPROXIMATELY ONE HOUR.

TIRE SESSION IS TRANSCRIBED BY A COURT REPORTER.

NO ACTION IS TAKEN DURING THIS SESSION. IF ACTION IS NEEDED, IT WILL BE TAKEN ONCE WE RECONVENE OR AT A FUTURE PUBLIC HEARING.

FOLLOWING INDIVIDUALS WILL BE PRESENT DURING THE EXECUTIVE SESSION. MAYOR TERESA HEITMANN, COUNCIL MEMBERS BILL KRAMER, LINDA BYRNE BARTON, TED BLANKENSHIP, JOHN KRULL, SCOTT SCHULTZ, CITY MANAGER GARY YOUNG, CITY ATTORNEY MATTHEW MCCONNELL, ATTORNEY MICHAEL F2, AND A REPRESENTATIVE OF COURT REPORTING.

JUST TO CLARIFY, THAT IS MARCH 4TH. AGAIN, PURSUANT TO FLORIDA STATUTE 286 .011, SUBPARAGRAPH EIGHT, CITY ATTORNEY IS ANNOUNCING HIS REQUEST FOR AN EXECUTIVE SESSION CLOSED TO THE PUBLIC FOR THE PURPOSE OF SEEKING ADVICE CONCERNING SETTLEMENT NEGOTIATIONS OR STRATEGY RELATED TO LITIGATION EXPENDITURES FOR THE CASE, STYLED CHRISTINA ULRICH VERSUS CITY OF NAPLES CASE NUMBER TWO FOUR CA ZERO TWO, ONE, EIGHT THREE AND FOUR COLLIER COUNTY ON MARCH 18TH, 2025 AT APPROXIMATELY 1230, IN THE CITY'S CONFERENCE ROOM ON THE SECOND FLOOR OF CITY HALL. THE EXECUTIVE SESSION IS EXPECTED TO LAST APPROXIMATELY ONE HOUR.

THE ENTIRE SESSION WILL BE TRANSCRIBED BY A COURT REPORTER. NOTHING WILL BE OFF THE RECORD.

HER NOTES WILL BE TRANSCRIBED AND PROVIDED TO THE CITY CLERK.

ANY ACTION REQUIRED FROM COUNCIL WILL EITHER HAPPEN WHEN WE COME BACK, OR EITHER WAY, IT WILL HAPPEN AT A FUTURE PUBLIC HEARING.

FOLLOWING INDIVIDUALS WILL BE PRESENT DURING THE EXECUTIVE SESSION. MAYOR TERESA HEITMANN, COUNCIL MEMBERS BILL KRAMER, LINDA PENMAN, BYRNE BARTON, TED BLANKENSHIP, JOHN KRULL, SCOTT SCHULTZ, CITY MANAGER GARY YOUNG, CITY ATTORNEY MATTHEW MCCONNELL, ATTORNEY JEFFREY HARCOMBE, AND A REPRESENTATIVE FROM DINES COURT REPORTING. AND THAT WAS 17 E.

17 F PURSUANT TO 286 .011 SUBPARAGRAPH EIGHT FLORIDA STATUTE CITY ATTORNEY IS ANNOUNCING HIS REQUEST FOR AN EXECUTIVE SESSION CLOSED TO THE PUBLIC FOR THE PURPOSE OF SEEKING ADVICE CONCERNING SETTLEMENT NEGOTIATIONS OR ASSOCIATIONS OR STRATEGY RELATED TO LITIGATION EXPENDITURES ASSOCIATED WITH CASE STYLED BARNACLE DONNA VERSUS CITY OF NAPLES CASE NUMBER TWO THREE CA 001425. ON MARCH 18TH, 2025, AT APPROXIMATELY 130 OR IMMEDIATELY FOLLOWING THE PREVIOUS EXECUTIVE SESSION,

[04:15:07]

THE EXECUTIVE SESSION IS EXPECTED TO LAST APPROXIMATELY ONE HOUR.

THE REPORTER. THE ENTIRE SESSION SHALL BE RECORDED BY A COURT REPORTER.

CITY COUNCIL WILL NOT TAKE ACTION DURING THE EXECUTIVE SESSION, BUT MAY TAKE ACTION CONCERNING THIS AT A FUTURE PUBLIC MEETING.

FOLLOWING INDIVIDUALS WILL BE PRESENT DURING THE EXECUTIVE SESSION. MAYOR TERESA HEITMANN, COUNCIL MEMBERS BILL KRAMER, LINDA PENMAN, BRIAN BARTON, TED BLANKENSHIP, JOHN KRULL, SCOTT SCHULTZ, CITY MANAGER GARY YOUNG, CITY ATTORNEY MATTHEW MCCONNELL, ATTORNEY JEFFREY HARCOMBE, AND A REPRESENTATIVE FROM DINES COURT REPORTING.

OKAY. OKAY. THANK YOU. AND THAT TAKES US TO ORDINANCES.

THERE WERE NONE TODAY TAKING US TO ITEM 20. PUBLIC COMMENT.

[20) PUBLIC COMMENTS]

GOOD AFTERNOON. COUNCIL. NEW COUNCIL. JANET FERRY 34102 I'M HERE TO COMMENT ON THE AIRPORT ORDINANCE.

JUST A LITTLE BACKGROUND. A YEAR AGO, IT WAS BROUGHT TO CITY COUNCIL'S ATTENTION THAT THE AIRPORT HAD NOT BROUGHT THE NAPLES JET CENTER PROJECT TO CITY COUNCIL FOR SITE PLAN APPROVAL BEFORE MOVING THE PROJECT THROUGH THE CITY PERMITTING PROCESS.

THE REQUIREMENT FOR SITE PLAN APPROVAL BY CITY COUNCIL FOR AIRPORT PROJECTS IS CODIFIED IN OUR COMP PLAN, OUR CODES, OUR CITY CHARTER AND IN THE AIRPORT LEASE.

A CLEAR, WELL UNDERSTOOD PROCESS FOLLOWED BY BOTH THE AIRPORT AND CITY STAFF AND CITY COUNCIL FOR MORE THAN 18 YEARS.

THE PUBLIC ASKED AT THAT TIME THAT THE VIOLATION BE ACKNOWLEDGED AND FUTURE COMPLIANCE BE ENSURED.

DIRECTION WAS GIVEN BY CITY COUNCIL TO THE CITY ATTORNEY TO PROVIDE A LEGAL OPINION AS TO WHETHER THE PROCESS FOR APPROVAL WAS PROPERLY FOLLOWED, AND WHETHER THE DRAWINGS AND LEVEL OF DETAIL ON THE UTILIZATION PLANS WERE SUFFICIENT TO MEET THE REQUIREMENTS OF THE SITE PLAN APPROVAL PROCESS.

IN HIS LETTER OF MAY 19TH, 2025, MR. DICKMAN GAVE HIS OPINION THAT THE REQUIREMENT FOR THE CITY COUNCIL SITE PLAN APPROVAL OF AIRPORT AIRPORT PROJECTS IS AND HAS BEEN REQUIRED ALL THE APPLICABLE REFERENCES IN THE COMP PLAN.

THE FLU, THE CITY CODES, THE CITY CHARTER AND THE AIRPORT LEASE WERE REFERENCED BY MR. DICKMAN. HE ACKNOWLEDGED THAT THE PROJECT DID NOT COME BEFORE COUNCIL FOR APPROVAL AS IT SHOULD HAVE.

IT WAS FURTHER POINTED OUT THAT THE REQUIREMENTS FOR ADEQUATE DRAWINGS ARE ENSHRINED IN THE SITE PLAN PROCESS.

I'M HERE TODAY TO ASK YOU TO ACCEPT THE ATTORNEY'S OPINION OF MAY 2025, AND PLEASE CONSIDER IF MOVING FORWARD WITH AN ORDINANCE IS NECESSARY AND WISE OR IN THE CITY'S BEST INTEREST.

ANYTHING EMBEDDED THIS STRONGLY AND CONSISTENTLY IN ALL OUR GOVERNING DOCUMENTS SHOULD NOT NEED FURTHER DISCUSSION.

AN UNNECESSARY ATTEMPT TO FURTHER CLARIFY THE CODE BY REWRITING THE CODE COULD EITHER DISMANTLE OR WEAKEN WHAT CURRENTLY IS, OR PROVIDE AN OPPORTUNITY FOR A PETITIONER TO CLAIM MORE BURDENSOME REGULATIONS RESULTING IN THE THREAT OF LAWSUITS, WHICH HAS HAPPENED WITH THIS ORDINANCE. ALTHOUGH WORKING WITH YOUR BOARD IS IMPORTANT, THE ORDINANCE IN PLAY WITH CODE AND POLICY CHANGES IS BEING WRITTEN WITH INCLUSION OF PETITIONERS, YOUR TENANTS ATTORNEY, AND TWO OUTSIDE GROUPS STAKEHOLDERS WHO HAVE THREATENED TO SUE YOU.

TROUBLESOME. IS THAT WHAT IS CONTAINED IN THE ORDINANCE FOR CONSIDERATION AT THIS POINT GOES BEYOND YOUR ORIGINAL DIRECTION FOR CLARITY.

IT REFERENCES THE LENGTH OF RUNWAYS, PERMITTED USES, AND MORE.

SOME SAY THE EXERCISE SEEMS LIKE A NEGOTIATION OF OUR CODE, WHICH IS TROUBLESOME.

PLEASE CONSIDER TAKING NO FURTHER ACTION ON THIS UNNECESSARY ORDINANCE.

PLEASE CONSIDER NOT BRINGING IT FORWARD ON MARCH 20TH.

INSTEAD, FOLLOW THROUGH ON THE RECOMMENDATIONS BY THE CITY ATTORNEY AND INFORM THE AIRPORT IN A LETTER FROM COUNCIL THAT THEY MUST COMPLY WITH THIS CODE REQUIREMENT.

INCLUDE ALL THE REFERENCES IN OUR COMP PLAN, OUR CHARTER, OUR CODES AND THE LEASE REQUEST.

AN UPDATED UTILIZATION PLAN AS RECOMMENDED BY THE ATTORNEY AND REQUIRE THAT THE AIRPORT SUBMIT SUITABLE SITE PLAN DRAWINGS IN THE FUTURE AS ENSHRINED IN THE SITE PLAN APPROVAL PROCESS. PLEASE MOVE ON AND AVOID UNINTENDED CONSEQUENCES.

THANK YOU. THANK YOU. OUR NEXT SPEAKER IS JOE MIGLIARA.

[04:20:04]

JOE MIGLIARA, FOURTH AVENUE SOUTH. AND I APPRECIATE THE COMMENTS ABOUT FLEXIBILITY.

I'M GOING TO NEED ABOUT TWO HOURS FOR THIS, SO BEAR WITH ME.

AND WELCOME NEW MEMBERS, AND CONGRATULATIONS ON YOUR VICTORY AND AND YOUR WILLINGNESS TO SERVE.

IT'S QUITE, QUITE IMPRESSIVE. EVERYBODY ON COUNCIL, YOU OCCUPY VERY POWERFUL POSITIONS.

AND I WANT TO TALK TODAY ABOUT HB 4005, WHICH IS REALLY DESIGNED TO SUBSTANTIALLY DIMINISH YOUR POWER.

THE APPOINTMENT POWER TO N.I.A. THAT BILL 4005 REMOVES THE COUNCIL'S APPOINTMENT AUTHORITY OVER THE LARGEST PUBLICLY CONTROLLED LAND ASSET INSIDE THE CITY OF NAPLES AND TRANSFERS GOVERNING CONTROL TO A COUNTY WIDE ELECTORATE.

THIS IS NOT PROCEDURAL. IT'S A STRUCTURAL TRANSFER OF AUTHORITY.

AND LET'S BE PRECISE ABOUT WHAT THAT MEANS. IF THIS BECOMES LAW, NAPLES RESIDENTS WILL BE OUTVOTED 15 TO 1 BY COUNTY VOTERS IN DECIDING WHO GOVERNS PROPERTY LOCATED ENTIRELY IN THE CITY LIMITS.

THAT'S 15 TO 1. THE LAND IS MUNICIPAL. THE IMPACTS ARE MUNICIPAL.

THE INFRASTRUCTURE BURDEN IS MUNICIPAL. BUT CONTROL WOULD BE EXTERNAL.

THIS IS NOT EXPANDED DEMOCRACY AS SOME HAVE SUGGESTED.

IT'S DILUTION OF MUNICIPAL GOVERNANCE. NOW, I'M SURE YOU'VE READ THE BILL.

AND WHAT'S MISSING IN THAT BILL? WHAT'S MISSING IN THAT BILL IS SOMETHING REQUIRED OF EVERY ORDINANCE YOU WILL EVER CONSIDER.

IT'S A FUNDAMENTAL JUSTIFICATION OF WHY AN ORDINANCE OR LAW WAS EVEN PROPOSED IN THE FIRST PLACE.

IT'S THE WHERE OF THIS. WHEREAS THAT. ET CETERA.

ET CETERA. IT'S NOT THERE IN THAT BILL. THEY DON'T EVEN TRY TO JUSTIFY WHY THE BILL WAS BROUGHT FORWARD.

AND THAT'S A THAT'S A CONDITION OF EVERY CITY COUNCIL AND EVERY LEGISLATURE IN THE COUNTRY.

SEEMS TO ME ALSO BY NOT CONSIDERING ALL THE WHEREAS AND THE WHEREFORES AND ALL THE JUSTIFICATIONS AND THE FINDINGS, IT'S KIND OF AN IMPLICIT WAY OF ALMOST TESTING YOUR RESOLVE RIGHT FROM THE GET RIGHT FROM THE GET GO THERE, WHILE THEY WERE WAITING TO SEE WHAT YOUR REACTION WOULD BE TO THAT.

THERE ARE NO FINDINGS IN THIS BILL OF INSOLVENCY.

THERE'S NO FINDINGS IN THIS BILL FOR MISMANAGEMENT.

THERE'S NO FINDINGS OF SAFETY FAILURE, NO EMERGENCY DECLARATION.

THERE IS NO DOCUMENTED CRISIS REQUIRING STATE INTERVENTION.

AND UNDER ARTICLE EIGHT, SECTION TWO B OF FLORIDA CONSTITUTION.

MUNICIPALITIES POSSESS STRONG GOVERNMENTAL AND PROPRIETARY POWERS TO CONDUCT MUNICIPAL GOVERNMENT AND PERFORM MUNICIPAL FUNCTIONS, AND THE COURTS DON'T CASUALLY DISMISS THOSE POWERS.

GOVERNANCE OF MUNICIPAL PROPERTY IS A MUNICIPAL FUNCTION.

REMOVING THAT AUTHORITY. YOUR AUTHORITY, WITHOUT FINDINGS OR NECESSITY, CREATES A SERIOUS CONSTITUTIONAL ISSUE, AND WE BELIEVE THAT THE CITY HAS A STRONG LEGAL BASIS TO CHALLENGE THE RESTRUCTURING.

A CHALLENGE WOULD REST ON MUNICIPAL HOME RULE, STRUCTURAL INTERFERENCE WITH GOVERNANCE OF MUNICIPAL PROPERTY.

ABSENCE OF ARTICULATED NECESSITY. THERE IS NONE.

POTENTIAL PROPRIETARY AND CONTRACTUAL CONTRACTUAL IMPLICATIONS.

THE AIRPORT LEASE. I ALSO UNDERSTAND THAT THERE'S BEEN SOME DISCUSSIONS ABOUT A COMPROMISE POSITION AND PERHAPS A HYBRID SELECTION PROCESS. SOME VOTED IN, BUT THROUGH A PLEBISCITE AND SOME APPOINTED THROUGH THE COUNCIL.

RESPECTFULLY, I THINK THAT'S A BIG MISTAKE. IT SIGNALS THAT MUNICIPAL GOVERNANCE OVER MUNICIPAL ASSETS CAN BE BARGAINED AWAY.

THE MOMENT THIS COUNCIL SIGNALS THAT APPOINTMENT AUTHORITY FOR ALL FIVE SEATS IS NEGOTIABLE, THE PRECEDENT IS SET. AND WHAT PRESENTS IN THE FUTURE ANOTHER BILL COMING FORWARD, WHICH REQUIRES THREE COUNTY SEATS TO TWO COUNCIL SEATS.

IS THAT SO REMOTE? I THINK NOT. I WOULD ASK YOU TO CONSIDER ONE OTHER THING, IF I COULD.

TWO MORE MINUTES. JUST TO WRAP UP, I HAVE A QUESTION FOR YOU.

THANK YOU. THERE'S ONE OTHER SPECIAL. EXCUSE ME.

SPECIAL? THAT'S RIGHT. DEPENDENT SPECIAL DISTRICT INSIDE THE CITY.

AND THAT'S THE CRA. WOULD YOU, WOULD YOU WOULD YOU INDULGE ANY OTHER OUTSIDE AGENCY TO CONVERT THAT RESPONSIBILITY TO A PUBLIC VOTE? THE PRINCIPLE IS IDENTICAL, AND I DON'T THINK YOU'D VOTE FOR THAT.

SOME WOULD ALSO SAY THE LEGISLATURE CREATED THE NAPLES AIRPORT AUTHORITY.

THEREFORE THEY CAN THE LEGISLATURE CAN AMEND IT.

THAT BRINGS UP A LOT OF CONSTITUTIONAL ISSUES, WHICH I WON'T GET INTO.

LITIGATION, IN MY MIND, PRESERVES THE CITY'S POSITION.

NEGOTIATING AWAY APPOINTMENT AUTHORITY WEAKENS IT.

THIS COUNCIL HAS THE RESPONSIBILITY NOT ONLY TO MANAGE TODAY'S DISPUTE, BUT TO PROTECT THE STRUCTURAL INTEGRITY OF MUNICIPAL GOVERNANCE IN THE FUTURE.

[04:25:03]

THE LAST COUNCIL, I BELIEVE, PRODUCED A CONSENSUS TO PURSUE A STRONG LEGAL DEFENSE OF HOME RULE.

IN THIS CASE IT WOULD BE VERY HELPFUL FOR THE PUBLIC TO BE REASSURED THAT THAT'S STILL THE CASE, THAT THERE'S NOT A BARGAINING GOING ON BEHIND THE SCENES, THAT THERE IS, IN FACT, A LEGAL STRATEGY, WHICH I HAVE TO ADMIT IS PRETTY OPAQUE. I'VE HEARD NO MEMBER HERE IN THE PUBLIC DESCRIBE WHAT THAT LEGAL STRATEGY IS WOULD BE COMFORTING FOR US TO KNOW THAT THERE IS A STRONG LEGAL STRATEGY AND YOU INTEND TO PURSUE IT, TO RETAIN THE AUTHORITIES YOU HAVE TODAY, AND NOT COMPROMISE OR BARGAIN IT AWAY.

THANK YOU VERY MUCH. MR. MILLER, THE ONE QUESTION I HAVE, BECAUSE I HAVE A FEELING THIS WILL COME UP IN CORRESPONDENCE TODAY OR ANOTHER DAY PREFERABLY TODAY. WHEN YOU SAY CONCERNS ABOUT THE POWERS AND THIS THERE WERE SEVERAL OTHER THINGS YOU MENTIONED. THIS COUNCIL WELL, THE PAST COUNCIL, NOT THIS NEWLY SWORN IN COUNCIL SAID THAT THEY DID NOT WANT TO NEGOTIATE ANYTHING.

SO IS THAT SOMETHING THAT YOU SEE NOW WHERE THE BILL HAS GONE IN ITS PROCESS? THAT WOULD BE NEGOTIATED THAT WE SHOULD CONSIDER NEGOTIATING WITH OUR.

ASKING OUR ATTORNEY LOBBYISTS TO NEGOTIATE. SHORT ANSWER IS NO.

I THINK ONCE YOU BEGIN BARGAINING AWAY, YOU KNOW, YOU'VE YOU'VE PASSED THROUGH THE GATE AND THAT'S THAT'S A DOWNWARD SPIRAL.

I THOUGHT THERE WAS CLEAR CONSENSUS THAT. OKAY, LET'S LET'S WAIT.

I DON'T AGREE WITH THIS, BUT I THINK LEGALLY IT'S PROBABLY APPROPRIATE. WE NEED TO WAIT UNTIL THE BILL IS PASSED AND THEN WE CAN CHALLENGE IT.

OKAY. THAT WAS ONE SENTIMENT I GOT TO TELL YOU.

ON THE CAMPAIGN TRAIL, I HEARD A LOT OF LITIGATION AS THE LAST RESORT.

LET'S WAIT FOR THAT. OKAY. AND MAYBE THAT'S APPROPRIATE, BUT TO BEGIN BARGAINING BEFORE YOU'VE EVEN HAD.

YOU'VE EVEN MADE THE ATTEMPT TO DEFEND WHAT IS RIGHTFULLY YOUR AUTHORITY.

RIGHTFULLY. CITY COUNCILS HOME RULE AUTHORITY, I WOULD THINK, WOULD BE TRAGIC.

AND SO I THINK IT'S A TEST OF WILL. AND I GO BACK TO THE FACT THAT THERE WAS NO CAUSE, THERE WAS NO STATEMENT OF FINDINGS, THERE WAS NO. WHEREAS WHEREAS THIS WHEREAS THAT IT'S NOT IN THERE, IT'S VERY CASUAL THE WAY THEY BROUGHT IT UP.

AND I THINK THEY'RE TESTING YOUR WILL BY NOT EVEN GIVING A JUSTIFICATION WHY THIS BILL CAME OUT OF LEFT FIELD, BECAUSE, FRANKLY, SOMEBODY HAD A BAD HAIR DAY.

OKAY. I SO I WOULD NOT BE. AND IF IT'S YOU KNOW WHAT WHAT THE PUBLIC WANTS TO KNOW IS WHAT IS GOING ON.

I DON'T NEED TO KNOW YOUR LEGAL STRATEGY. IT'S PROBABLY BEST TO KEEP IT UNDER COVER UNTIL YOU WANT TO REALLY DISCLOSE IT, BECAUSE YOU DON'T WANT TO SHOW YOUR HAND. WE I GET THAT, BUT I HAVEN'T HEARD BACK THAT YOU'RE REALLY GOING TO PURSUE A TOUGH LEGAL STRATEGY, THAT YOU'RE REALLY GOING TO DEFEND THIS. AND THAT'S WHY I ASKED THE QUESTION, ARE YOU SAYING THAT WE DEFEND IT NOW WHILE IT'S IN THE FINAL PHASES OF OF BECOMING PROCESSED OR ARE. IT'S A THAT'S A LEGAL QUESTION.

IT'S A STRATEGY QUESTION. I DON'T I'M NOT A LAWYER.

I DON'T KNOW WHETHER IT'S BETTER TO TRY AND DO SOMETHING NOW.

I'D BE VERY CONCERNED WHEN THE VOTE IN THE HOUSE WAS 112 TO 1.

RIGHT. SO THIS THING IS ON TRACKS. THIS IS HEADING DOWN THE ROAD.

AND IF IT SEEMS INEVITABLE, AND I CAN TELL YOU BY SOME OF THE COMMENTS YOU'VE ALREADY MADE PREVIOUSLY, NOT YOU, BUT SOME MEMBERS HERE THAT YOU'RE ALREADY LOOKING FORWARD TO.

THERE'S GOING TO BE AN ELECTION FOR THESE COUNCILS, THESE THESE NA SEATS COME NOVEMBER.

AND THEREFORE LET'S BACK UP TO DO SOME THINGS.

NOW. THAT'S A STRATEGY QUESTION. I DON'T HAVE THE ANSWER FOR THAT.

GOT IT. WHETHER YOU DO IT BEFORE THE LAW IS ENACTED, BEFORE THE GOVERNOR SIGNS IT, OR WHETHER YOU DO IT AFTERWARDS, I WOULD DEFER TO THE LEGAL COUNSEL. IS IT JAMIE COLE WHO'S ADVISING US? I DON'T EVEN KNOW. IS THAT THE TRUTH? IS THAT TRUE FOR HOME RULE, I CAN I'LL HAVE THE ATTORNEY.

WE'LL DISCUSS THAT IN CORRESPONDENCE. I WOULD BE VERY CONCERNED IF YOU'RE NOT DISCUSSING THIS IN EXECUTIVE SESSION SOMEHOW.

I'VE HEARD THAT ONLY. ONLY THAT EACH COUNCIL MEMBER CAN ONLY INTERACT WITH YOUR LEGAL COUNSEL ON THE AIRPORT AUTHORITY ISSUE 1 TO 1.

I DON'T KNOW WHY THAT'S THE CASE. I'M NOT A LAWYER.

YEAH. THE OPACITY, THE LACK OF OF. I MEAN, I DON'T EVEN KNOW IF YOU'VE HAD THIS ON AS AN AGENDA ITEM FOR THE LAST 2 OR 3 MEETINGS.

YEAH. I THINK WE'RE GOING TO TALK ABOUT THAT IN CORRESPONDENCE.

THANK YOU SIR. OKAY. DID YOU SUBMIT THAT AS AN EMAIL.

[04:30:01]

THANK YOU. MADAM CLERK, DO YOU HAVE ANY FURTHER PUBLIC COMMENT? OKAY, GREAT. THAT CONCLUDES PUBLIC COMMENT AND GOING INTO CORRESPONDENCE AND COMMUNICATIONS.

[21) COMMUNICATIONS FROM MAYOR, CITY COUNCIL, AND STAFF]

AND CONGRATULATIONS ON I WANT TO FORMALLY WELCOME THE NEW MEMBERS AND EXTEND MY SINCERE APPRECIATION FOR YOUR WILLINGNESS TO SERVE. YOUR COMMITMENT TO PUBLIC SERVICE AND TO THE RESIDENTS OF THIS COMMUNITY IS BOTH VALUED AND RESPECTED.

IT'S THE RESPONSIBILITY OF THIS OFFICE. OR I TAKE THE RESPONSIBILITY OF THIS OFFICE VERY SERIOUSLY AND WILL CONTINUE TO DO SO.

I'M COMMITTED TO ENSURING THAT THOROUGH UNDERSTANDING OF EVERY MATTER COMES BEFORE US.

AND THIS INCLUDES CAREFULLY REVIEWING STAFF REPORTS AND SUPPORTING DOCUMENTS MEETING WITH STAFF OR THE PETITIONER AND NEIGHBORS TO GAIN A COMPREHENSIVE UNDERSTANDING OF POTENTIAL OF THE PETITIONS AND PROPOSALS AND PERSONALLY EXAMINING THE COMP PLAN, THE APPLICABLE CODES, AND THE RELEVANT POLICIES THAT ARE GIVEN TO US, AND CONFIRMING THAT, MYSELF, SUCH DILIGENCE IS ESSENTIAL IN MAKING FAIR AND INFORMED AND IMPARTIAL DECISIONS ON BEHALF OF OUR COMMUNITY.

I AM CONFIDENT THAT EACH OF YOU SHARES THAT SAME COMMITMENT TO THOUGHTFUL PREPARATION AND PRINCIPLED DECISION MAKING.

OVER THE YEAR, THE COUNCIL HAS ACHIEVED MANY ACCOMPLISHMENTS THAT ADDRESS SIGNIFICANT CONCERNS RAISED BY OUR VOTERS.

HOWEVER, THERE REMAINS SEVERAL INTERCONNECTED ISSUES AND INCOMPLETE ISSUES THAT REQUIRE OUR FOCUS AND ATTENTION.

MANY OF THESE PRIORITIES HAVE BEEN UNDER CONSIDERATION FOR AN EXTENDED PERIOD OF TIME, AND IT'S IMPORTANT THAT WE, AS A GOVERNING BODY BRING CLARITY, DIRECTION AND RESOLUTION TO THEM.

OUR BOARDS AND COMMITTEES HAVE BEEN UNDER REVIEW FOR APPROXIMATELY FOUR YEARS, YET UPDATES TO THE POLICY RULES AND PROCEDURES HAVE NOT BEEN FINALIZED.

THIS PROCESS DESERVES OUR ATTENTION SO THAT WE CAN HAVE TRANSPARENCY, EFFICIENCY, AND ACCOUNTABILITY TO THE ADVISORY STRUCTURE.

PARKING REMAINS A CRITICAL COMPONENT OF OUR BUSINESS SUSTAINABILITY AND APPROPRIATE REDEVELOPMENT.

IN ADDITION, THE FIFTH AVENUE OVERLAY, THE DOWNTOWN OVERLAY HAVE BEEN DISCUSSED FOR AT LEAST FIVE YEARS WITHOUT DIRECTION.

IT IS TIME THAT WE MOVE THESE IMPORTANT LAND DISCUSSIONS TOWARDS RESOLUTION.

ADDITIONAL PRIORITIES INCLUDE THE COMPLETION OF THE DESIGN REVIEW HANDBOOK AND THE PROCESS UPDATES TO OUR LIGHTING AND SIGNING SIGNAGE CODES. OUR COMPLETE STREETS POLICY AND THE DEVELOPMENT OF OUR MULTIMODAL AND MICROMOBILITY REGULATIONS THAT ADDRESS PUBLIC SAFETY AND THE IMPACT OF TOURISM IN OUR NEIGHBORHOODS.

THE COMPREHENSIVE PLAN IS CURRENTLY UNDERWAY.

IT IS MY HOPE THAT WE UPDATE WITH STRENGTH, WITH STRENGTHENING THE ENVIRONMENTAL PROTECTIONS AND ENSURE THE CAPABILITY WITH SURROUNDING OR COMPATIBILITY WITH THE SURROUNDING NEIGHBORHOODS.

REINFORCE OUR COASTAL CONSERVATION ZONE AND HIGH HAZARD AREAS, AND REINSTATE MEANINGFUL NEIGHBORHOOD PLANNING PROVISIONS AMONG CRITICAL OBJECTIVES.

WE MUST ALSO ADDRESS THE INCONSISTENCIES WITH OUR LAND DEVELOPMENT CODE.

CONFLICTING OR AMBIGUOUS LANGUAGE SHOULD BE REMOVED AND CLARIFIED TO ENSURE CONSISTENT INTERPRETATIONS FOR APPLICATIONS.

MATTERS SUCH AS LINE LOT LINE COVERAGE, LOT SPLITS, AND OTHER DEVELOPMENT STANDARDS WARRANT CAREFUL AND DELIBERATIVE REVIEW.

THE MASTER PARKS PLAN IS UNDERWAY AND WILL REQUIRE OUR THOUGHTFUL CONSIDERATION.

MANY OF THESE ITEMS WILL APPEAR ON THE LOOK AHEAD AGENDA.

WHERE APPROPRIATE, WE SHOULD CONDUCT WORKSHOPS AND NECESSARILY, IF NECESSARY, DIRECT STAFF TO RETURN WITH RESOLUTIONS AND ORDINANCES TO FORMALIZE THESE CONSIDERATIONS. AS YOU CAN SEE, THIS REPRESENTS ONLY A SMALL PORTION OF THE LAND USE ISSUES AND PROCEDURAL MATTERS THAT REQUIRE OUR ATTENTION. I JUST WANTED TO SET THAT OUT. WE'RE ALL GOING TO HAVE THIS DISCUSSION BECAUSE WE HAVE VERY LIMITED TIME RIGHT NOW UNTIL SUMMER BREAK.

AND WE CAN'T WASTE TIME. WE HAVE CRITICAL ISSUES TO ADDRESS.

SO WITH THAT, I JUST WANTED MR. YOUNG TO GO OVER FOR EVERYONE, BUT ALSO FOR THE NEW MEMBERS,

[04:35:03]

SURE. ADDRESS. AND BRIEFLY, I'M GOING TO KIND OF GIVE A SUMMARY OF WHERE I SEE AS THE STATE OF THE CITY THAT I'VE TALKED TO A NUMBER OF PEOPLE, AND THEN I DO WANT TO RESERVE THE RIGHT MAYOR TO HAVE AN OPPORTUNITY AT THE END TO HAVE A, HAVE A CITY MANAGER ITEM THAT I'D LIKE TO DISCUSS.

BUT AS FAR AS AS WE LOOK TO THE CURRENT PERIOD, I JUST WANT TO REMIND YOU YOU KNOW, WHEN I TOOK OVER A YEAR AGO, WE HAD TALKED ABOUT THE CONTRACT NEGOTIATIONS, THE PIER, THE BEACH ACCESS POINTS HADN'T BEEN DONE.

I TALKED ABOUT A TRAJECTORY. IF I WAS GOING TO BE SUCCESSFUL WAS TO PROVIDE LONG TERM FUNDING.

AND WE'VE ACCOMPLISHED A NUMBER OF THOSE THINGS.

CONTRACTS ARE NEGOTIATED SUCCESSFULLY, AND WE'RE PAYING OUR PEOPLE WELL, AND THOSE ARE GOOD THROUGH 2027.

IN ADDITION, WE'RE DOWN TO SEVEN BEACH ACCESS POINTS IN THE FIRST GO AROUND OF THE DESIGNS.

AND THOSE BEACH ACCESSES, INCLUDING THE SEAWALLS, ARE REPAIRED.

WE'RE IN THE SECOND PHASE OF THE DESIGN OF THE PHASE TWO AND THREE AS IT RELATES TO THE SEAWALLS FROM HURRICANE IRMA OVER BY VENETIAN VILLAGE, AND THE PRIOR COUNCIL PUT THOSE APPROPRIATIONS IN PLACE.

IN ADDITION TO THAT, NOW WE'VE BEGUN THE PIER.

YOU KNOW, WE'RE A MONTH AND A HALF IN, AND WE HAVE THE CONTRACTORS HITTING THE GROUND RUNNING.

I KNOW YOU'VE GOT A LOT OF EMAILS ABOUT BAYVIEW AND THAT SHARED RELATIONSHIP WITH THE COUNTY.

WE CONTINUE TO WORK ON THAT. FROM A UPDATE ON ON PUBLIC FACILITIES AT THE PIER, JUST TO BE CLEAR, WE DID THE 13TH AND BROAD BEACH ACCESSES FIRST TO MAKE SURE YOU HAD INFORMATION RELATED TO OR WE HAD AN ABILITY TO HAVE THE PORTA POTTIES.

I ORIGINALLY WANTED THE TRAILERS THAT HAD AIR CONDITIONING FULL FUNCTIONING, BUT I DON'T HAVE SANITARY SEWER HOOKUP THERE, SO THAT WAS A NECESSARY EVIL SINCE THEN, TWO WEEKS AGO, WENT DOWN THERE, MADE THE DECISION THAT IF SHARING SPACE WITH SHORELINE IN THE PARKING LOT, WE CAN HAVE WATER, SANITARY SEWER AND POWER FPL HAS BEEN CONTACTED.

THE PERMITS ARE IN PLACE. OR EXCUSE ME, ARE SUBMITTED.

AND THE BENTLEY REQUISITION WAS COMPLETED TO GET POWER DOWN THERE.

SO WE ARE GOING TO GO WITH A FOUR RESTROOM STALL AND AN ADA COMPATIBLE ON A TRAILER.

AIR CONDITIONED. AND THAT WILL SUPPLEMENT WHAT WE HAVE.

IN ADDITION, WE ARE PRESENTLY HAD HIM BEING THE CURRENT ONES, BEING CLEANED THREE TIMES A WEEK.

WE INCREASED THAT TO FOUR TIMES A WEEK. AND AGAIN, THE DATE ON THE, THE ESTIMATED DATE IS BETWEEN THE 10TH AND THE 13TH OF MARCH TO GET THE TRAILER INSTALLED. SO I JUST WANTED TO GIVE YOU SOME PERSPECTIVE OF THOSE MAIN PROJECTS.

AND THEN WHEN IT COMES TO THE LONG TERM FUNDING I THINK IT'S IMPORTANT THAT YOU RECOGNIZE THAT THE STORMWATER RATE INCREASE THAT YOU PUT IN PLACE IS $168 MILLION OVER A 20 YEAR PERIOD.

WE HAVE OVER A HALF $1 BILLION IN INFRASTRUCTURE, STORMWATER REPAIRS.

AND I ALWAYS USE THAT STORMWATER INFRASTRUCTURE VERSUS RESILIENCY.

YOU DIDN'T PASS SOMETHING TO DO RESILIENCY, WHICH INCLUDES SEAWALLS AND AND OTHER THINGS.

YOU PASSED A STORMWATER INFRASTRUCTURE REPAIR.

AND WHEN IT COINCIDES WITH THE PUMP STATIONS AND WHAT HAVE YOU, THEN THAT IS AN EXPENSE OF IT.

BUT WHEN WE TALK ABOUT JUST RAISING THE SEAWALL, THAT'S NOT A STORMWATER EXPENSE.

AND SO WE HAVE RESILIENCY EFFORTS WE HAVE TO FUND ALONG THE WAY AS WELL.

SO THE POINT BEING IS, IS YOU PUT A MECHANISM IN PLACE.

WE'VE CREATED A BUDGET IN THIS YEAR'S IN THIS YEAR'S CAPITAL BUDGET PLAN TO DESIGN OVER $8 MILLION IN STORMWATER REPAIRS.

BUT THEN WE HAVE TO DETERMINE WHICH ONE IS THE NEXT STEP AND NOT HOW DO I SAY THIS? NOT ELIMINATE THE FACT THAT MAINTENANCE IS THE NUMBER, THE OTHER NUMBER, ONE PRIORITY, AND TO WHAT'S THE NEXT PROJECT? WHAT'S THE ONE THAT FOLLOWS THAT AND THAT WE HAVE TO BE FORESHADOWING THESE THINGS.

WE HAVE TO TALK ABOUT THE YEAH. SEE WHAT SEAWALL HEIGHT AND THOSE LIMITATIONS.

AND SO THE PRIORITIZATION OF ALL OF THE THINGS THAT THE MAYOR HAD INDICATED, THAT WILL BE WHAT WE ARE GOING TO HAVE AS A WORKSHOP ITEM.

AND AGAIN, IN MY OPINION, IT WOULD BE AS EARLY AS MARCH 16TH TO SAY, WHAT IS THE AGENDA ITEM? WHAT IS STAFF'S AGENDA ITEM, WHAT ARE WE TRYING TO GET ACCOMPLISHED, BUT ALSO WHAT'S ALREADY BEEN ON THE TABLE? AND HERE ARE THE PRIORITIES THAT WE PLAN TO DELIVER TO YOU.

SO I WANTED YOU TO KIND OF HAVE THOSE THINGS.

I THINK FROM A SCORECARD PERSPECTIVE, WE'VE DONE WELL, BUT WE HAVE A LOT AND WE'VE PUT LONG TERM FUNDING IN PLACE, BUT WE HAVE TO BACK THAT UP WITH NOW GETTING THE CONTRACTS IN PLACE.

WHAT ARE THE NEXT ONES THAT ARE DESIGNED AND FOLLOWING THROUGH? I DO THINK I WANT TO TAKE THIS OPPORTUNITY TO TO INTRODUCE ANOTHER ITEM RELATED TO THE LONG TERM PLANNING.

AND BECAUSE WE'RE TALKING ABOUT STORMWATER, I'D REMIND YOU THAT WHEN WE COBBLED TOGETHER THE $100 MILLION IN STORMWATER,

[04:40:06]

I HAVE HAD THE OPPORTUNITY TO HEAR RUMBLINGS OF THE COUNTY OF CONSIDERING THE INFRASTRUCTURE SALES TAX AGAIN.

MARCO ISLAND HAS TAKEN THE STEP TO SEND COMMUNICATIONS TO THE COUNTY SUPPORTING THAT.

AND I DO THINK THAT IT'S IMPORTANT FOR US AS A BODY TO MAKE A DECISION ON THAT, WHETHER WE WANT TO SUPPORT THAT.

SO I GUESS I WANT TO TAKE THIS OPPORTUNITY UNDER COMMUNICATIONS TO INTRODUCE THAT.

I THINK THAT THAT'S AN ITEM WE SHOULD ADD TO AN AGENDA AND MAKE OUR HAVE OUR DISCUSSIONS ON IT AND MAKE OUR FEELINGS KNOWN ABOUT THAT.

AND THEN LASTLY, I WILL JUST SAY THIS. AND THIS IS JUST IN GENERAL STAFF'S AGENDA IS YOUR AGENDA.

MY AGENDA IS YOUR AGENDA. NOW, I WILL NEVER SHY AWAY FROM GIVING YOU MY OPINION IN PERSON OR IN PRIVATE, IN A VERY RESPECTFUL WAY. I HOPE YOU FEEL THAT WAY.

BUT I DON'T WANT YOU TO THINK FOR ONE MINUTE. I WALK IN HERE WITH A PRECONCEIVED, I'M GOING TO GET THIS DONE.

I DON'T CARE IF THEY LIKE IT OR NOT. THAT'S NEVER THE CASE.

WE WANT THE AGENDA TO BE YOURS. WE WANT YOU TO, BY CONSENSUS, TELL US YOUR AGENDA AND THEN HOLD US ACCOUNTABLE.

IF WE DON'T ADHERE, WE DON'T FOLLOW THROUGH ON IT.

THAT'S WHAT I WANT. THAT'S WHAT I EXPECT FOR ME PERSONALLY.

SO I GUESS I JUST WANTED YOU TO HAVE SOME GENERAL UPDATES ON SOME BIG TICKET ITEMS, PUT IT OUT THERE FOR YOU.

AND THEN JUST TO LET YOU KNOW THAT MY INTENT AND THE MAYOR SAID IT RIGHT, IS WE HAVE THREE WORKSHOPS BETWEEN NOW AND THE BREAK AND I THAT ARE NOT ALREADY FULLY OCCUPIED. AND I JUST WANT TO MAKE SURE THAT WE TAKE FULL ADVANTAGE OF THOSE AND WE GET THINGS BEFORE YOU THAT IS YOUR PRIORITY.

SO WITH THAT THANK YOU. I HOPE I'VE TOUCHED ON SOME OF THE KEY COMPONENTS TO IT.

AND THEN THE LAST THING I WILL SAY, JUST AS A MATTER OF CLEAN UP THE AGENDA ALREADY.

THERE WAS A PLAN COUNCIL MEETING FOR THE THE 19TH, WHICH IS TOMORROW.

THERE WAS NO AGENDA PUBLISHED. WE DID THAT SPECIFICALLY FOR THE PURPOSES.

IF THERE WAS A TON OF LAND USE ITEMS AND YOU HAD YOUR ORGANIZATIONAL MEETING, I DIDN'T FEEL IT WAS APPROPRIATE TO HAVE A FULL AUDIENCE FULL OF PEOPLE AS YOU WENT THROUGH YOUR NORMAL BUSINESS. WE DIDN'T END UP WITH A SIGNIFICANT AMOUNT OF LAND USE ITEMS, SO WE PUBLISHED NOTHING AND THERE WILL BE NO MEETING TOMORROW.

AND WITH THAT, I JUST WANT TO SAY I WELCOME EACH ONE OF YOU.

AND I THANK YOU FOR YOUR. THANK YOU. THANK YOU FOR THAT UPDATE.

I THOUGHT IT WAS APPROPRIATE FOR THE NEW MEMBERS ALSO.

AND JUST SO YOU KNOW, COUNCIL, I MEAN WE USED TO HAVE TWO WORKSHOPS AND TWO REGULAR MEETINGS, AND THAT CHANGED. AND IF WE HAVE TO ADD A WORKSHOP OR A MEETING, WE CAN DO SO BUT WE'RE BEHIND JUST BECAUSE OF THAT ELECTION, WE LET A LOT OF MEETINGS GO TO THE WAYSIDE. AND AGAIN, I THINK WE CAN CATCH UP, BUT WE NEED TO STAY FOCUSED.

SO WITH THAT. THANK YOU, MR. YOUNG. I'LL GO TO CORRESPONDENCE AND COMMUNICATIONS WITH MR. CURL. I'M SORRY. WE'RE SO WE'RE AT THE END OF THE AGENDA.

WHERE? CORRESPONDENCE AND COMMUNICATIONS. DO YOU HAVE ANYTHING TO COMPLIMENT OR COMPLAIN ABOUT OR.

YEAH. I WOULD JUST LIKE TO SAY I LOOK FORWARD TO WORKING WITH THIS, WITH THIS BOARD.

I THINK I'M REALLY EXCITED ABOUT IT. I THINK US ALL TOGETHER CAN ACCOMPLISH A LOT AND GET A LOT DONE, AND WE CAN DO A LOT OF GOOD THINGS. SO I'M REALLY LOOKING FORWARD TO IT.

AND I APPRECIATE EVERYBODY HERE AND THEIR DEDICATION.

SO THANK YOU. THANK YOU, COUNCILMEMBER MARTIN.

YES, MA'AM. A COUPLE OF THINGS HERE. THE THOUGHT PROCESS OF MAYBE MOVING THE ELECTION, OUR ELECTIONS TO NOVEMBER IS PROBABLY SEEMS LIKE A RATIONAL IDEA.

I DON'T I DON'T KNOW IF THAT'S BEEN LOOKED AT IN ANY DEPTH OR DETAIL, BUT I'M KIND OF LOOKING TOWARDS YOU.

MISTER YOUNG, IF THAT. IF THAT'S SOMETHING THAT MAYBE IS WORTH EXPLORING OR NOT.

MAYBE THERE'S SOME RATIONALE THAT WE DON'T DO IT IN NOVEMBER, BUT IF IF NOT, IT CERTAINLY SEEMS LIKE IT MIGHT BE A A LOGICAL CONSIDERATION.

SO I JUST THOUGHT I'D FOLLOW UP WITH THAT FROM OUR PUBLIC COMMENT EARLIER TODAY.

AND I MIGHT ADD THAT, YES, MISTER YOUNG, BUT ALSO WE WOULD ASK THE CLERK ON PROS AND CONS ON.

YES. THANK YOU. AND THEN I MEAN, I KNOW YOU GUYS ARE ON THIS AND I KNOW IT'S IT'S SIGNIFICANT AND IT'S IT'S AFFECTING A LOT OF PEOPLE. AND GARY, I REALIZE YOU'VE GOT A MEETING ON FRIDAY.

I MEAN, PLEASE GIVE US AN UPDATE ONCE THAT MEETINGS TAKING PLACE, AND AND I WILL SAY THIS I TRUST OUR STAFF IMPLICITLY.

AND YOU KNOW, IF OUR STAFF SEEMS TO THINK THAT IT'S A LEGITIMATE BUSINESS FOR THAT ZONING,

[04:45:05]

BUT WITH THAT SAID, IT ALSO CONCERNS ME WHEN YOU'VE GOT THE THE RESIDENTS THAT ARE COMPLAINING ABOUT YOU KNOW, IT FALLS UNDER PERSONAL SERVICE AND ONLY THINGS LISTED THERE ARE BARBER SHOP AND BEAUTY SHOP.

I MEAN, THERE'S THERE SEEMS TO BE SOMETHING THERE SEEMS TO BE A DISCONNECT THERE THAT CONCERNS ME IS MY IS MY POINT.

AND I KNOW IT'S I KNOW IT'S YOUR CONCERN, TOO.

SO I DON'T MEAN TO SUGGEST THAT IT'S NOT IMPORTANT TO YOU GUYS AND THAT YOU'RE NOT FOCUSING ON IT AND TRYING TO TRYING TO FIND THE RIGHT ANSWER. SO PLEASE DON'T DON'T TAKE IT THAT WAY. MR. MCCONNELL, IF YOU IF YOU WOULD.

I KNOW THAT COACH MENTIONED THIS A LITTLE BIT EARLIER, BUT IF YOU COULD LOOK INTO THE POTENTIAL PROCEDURES FOR THE PROCESS OF MAYBE A THIRD PARTY APPEAL TO ADMINISTRATIVE APPROVALS. YOU SAID YOU HAD TO LOOK.

YOU HAD TO DELVE INTO THAT. YOU WEREN'T SURE IF THAT'S EVEN SOMETHING THAT COULD BE DONE. AND AGAIN, THAT WAS IN REFERENCE TO THE THE RESIDENTS THERE BEING CONCERNED THERE.

A THIRD PARTY, BECAUSE THEY'RE NOT THE TENANT AND THEY'RE NOT THEY DON'T THEY'RE NOT THE OWNERS OF THE COMMERCIAL SPACE.

AND YOU WERE YOU DIDN'T KNOW IF THERE WAS ANY AVENUE FOR THEM TO TO TAKE THAT APPROACH.

BUT IF YOU COULD LOOK INTO THAT, THAT WOULD BE WHAT DOES THAT MEAN? SO YOU ASKED MAY I? YES. YES, MAYOR. YOU ASKED ME A QUESTION ON IF THERE WAS AN ADMINISTRATIVE APPEAL.

AND THEN MY ANSWER WAS, I DON'T KNOW IF THERE'S THIRD PARTY APPEALS ALLOWED BECAUSE THEY'RE NOT THE APPLICANT AND THEY'RE NOT THE CITY, AND THERE'S ONLY TWO PARTIES TO THE APPLICATION, RESPECTFULLY, FOR THIS SPECIFIC SITUATION.

THEY HAVE AN ATTORNEY. I'VE BEEN IN CONTACT WITH THEM. HE'S A VERY GOOD ATTORNEY. AND IF HE WANTS TO MAKE AN ARGUMENT, THEN I'LL GLADLY RECEIVE IT. BUT I DON'T THINK IT'S APPROPRIATE FOR ME TO TELL THEM WHETHER OR NOT THEY CAN APPEAL.

I DON'T KNOW, IT JUST PUTS ME IN. SO WHAT YOU'RE SUGGESTING IS THAT IF FOR AN ANSWER TO THAT, THEIR ATTORNEY WOULD NEED TO REACH OUT TO YOU TO DISCUSS WHETHER THERE IS AN AVENUE FOR THAT TYPE OF CORRECT, BECAUSE THE ATTORNEY ASKED ME THE SAME QUESTION AND RESPECTFULLY, HE SHOULD READ THE CODE AND TELL ME WHAT HIS ANSWER.

I MEAN, OKAY, BUT I YEAH, I'LL LEAVE IT AT THAT.

UNDERSTOOD. ALL RIGHT. THANK YOU. THE I'LL LEAVE THAT TO GARY, PLEASE KEEP US POSTED ON THAT FROM YOUR MEETING ON FRIDAY. I'D LOVE TO HEAR THE RESULTS OF THAT MEETING.

AND THEN AS FAR AS THE NEW MEMBERS UP HERE, HAPPY TO HAVE YOU GUYS.

CONGRATS ON THE. I SUPPOSE CONGRATULATIONS. IS THE APPROPRIATE NOMENCLATURE THERE? CONGRATULATIONS ON BEING ELECTED. WE'RE HAPPY.

I'M HAPPY TO HAVE YOU. AND I'M LOOKING FORWARD TO WORKING WITH ALL OF YOU. ALL. AND I WILL SAY THIS I AM ESPECIALLY HAPPY TO HAVE ANOTHER AUBURN ALUM UP HERE ON THE ON THE DAIS WITH ME SO WE CAN WE CAN OUTNUMBER THE REST OF THEM OUT HERE, SO.

OH, NO. OKAY. THANK YOU. KRAMER. THANK YOU. MAYOR.

YES, I WAS TOLD CONGRATULATIONS OR CONDOLENCES.

IT DEPENDS ON THE DAY. SO I'M REALLY. IT'S COOL TO HAVE YOU GUYS UP HERE.

LOOK FORWARD TO WORKING WITH YOU. AND I AM FOR THE LAST WEEK.

THOSE LAST TWO. WE GOT A LOT DONE IN TWO YEARS RIGHT THERE. THERE WAS A LOT GOING ON, MAN.

THANK YOU STAFF. YOU ALL WORK YOUR TAILS OFF.

AND I HAVE TO SAY FOR THE PUBLIC, ANYBODY? SUSIE.

MY WIFE, WHO'S THE ONLY PERSON WATCHING RIGHT NOW? JUST KIDDING.

WE HAVE TO REMEMBER THAT ALL THE PROJECTS WE HAVE GOING, WE TALKED ABOUT 100 AND WHATEVER MANY MILLION DOLLAR PROJECT.

WE'VE STILL GOT THE BASIN THING GOING. WE'VE GOT THE CRA PROJECT.

THAT KIND OF A SEMINAL TEST THING GOING THE PIER, GOING THE DAY TO DAY GOING.

I THINK A LOT OF TIMES PEOPLE HAVE THE ONCE ONCE WE SAY GO, WHICH TAKES A LONG TIME, THEN THEY THINK, OKAY, WELL THAT'S CHECK THAT OFF THE LIST. WELL Y'ALL, IT'S JUST STARTED.

NOTHING IS CHECKED OFF THE LIST RIGHT NOW. OUR STAFF IS WORKING LIKE DOGS ALL DAY, EVERY DAY TO GET DONE ALL THE STUFF WE JUST TOLD THEM TO DO IN THE LAST 20 MONTHS.

SO THANK YOU TO THEM. AND I JUST I AM SO GRATEFUL FOR HOW HARD THEY WORK AND HOW MUCH THEY CARE.

MY FIRST TWO THOUGHTS WERE THE SAME. I'M ASSUMING ON THE SQUARE THING THAT, I MEAN, I KNOW ALL EYES ARE ON IT.

IT'S IT IS A FOCUS OF ENERGY RIGHT NOW. AND I'M LOOKING FORWARD TO TO HEARING HOPEFULLY A GOOD RESOLUTION TO THAT CONFLICT.

AND ALSO I WROTE DOWN THE NOVEMBER GENERAL ELECTION, I DON'T KNOW A COMPELLING REASON WHY WE WOULD NOT DO THAT.

IT SEEMS IT WOULD BE ON SOMEBODY ELSE'S DIME AT THAT POINT.

AND I'M ALL FOR I'M ALL FOR SAVING MONEY. THIS IS A BIT SELFISH, BUT I WAS TOLD BY OUR CLERK, I THINK I'M GETTING THIS RIGHT, THAT. SO I WAS OUT OF THE COUNTRY WHEN THE SAM AWARD AND I HAD NO INTERNET, WHICH WAS FANTASTIC, BY THE WAY. AND SO I DIDN'T GET THAT EMAIL UNTIL I GOT BACK.

AND THEN I TOLD HER I CAME HERE THAT DAY AND SHE SAID, WELL, YOU KNOW WHAT? THERE IS A PROVISION THAT YOU CAN SEND IN A LATE NOMINEE IF THE

[04:50:01]

BUT WITH COUNCIL'S INDULGENCE, THERE WAS A PERSON THAT I WOULD HAVE THOUGHT OF AND WANTED TO NOMINATE FOR SOME TIME.

AND THEN AGAIN, I WAS GONE WHEN THAT WAS THE TIME I HAD THE SAME QUESTION.

IF I CAN INTERVENE HERE WITH MISSUS RAMBO'S. HOWEVER, SHE SAID THERE WAS A CERTAIN DATE AND A MEETING THAT WE COULD BRING IT TO AND ASK, BUT I DON'T KNOW IF THAT WAS I DON'T KNOW IF IT WAS TODAY OR NOT, BUT THAT'S WHY I'M SAYING IT TODAY. I WANT TO CLARIFY WITH HER BECAUSE I DON'T RECALL WHAT THE EXACT ANSWER TO THAT WAS.

SO. YES. OKAY. AND THEN AND THEN FINALLY REGARDING THE NA AND I APPRECIATE EVERYTHING THAT YOU SAID. THE FACT IS, I THINK IT IS A CONSTITUTIONAL QUESTION.

AND ULTIMATELY, HOWEVER, AND SUNSHINE LAW DOES NOT ALLOW US TO TALK TOGETHER ABOUT IT OR TALK.

IT IS VERY FRUSTRATING TALK AND TO TRY TO WE CAN'T DO STRATEGY IN PUBLIC.

FIRST OF ALL, WE CAN'T HAVE AN EXECUTIVE SESSION. I'VE ASKED SEVERAL TIMES BECAUSE WE'RE NOT IN LITIGATION, SO THAT'S NOT EVEN POSSIBLE FOR STRATEGY. HAVING SAID ALL THAT, IT IS A CONSTITUTIONAL QUESTION. THEY CREATED THE NA AND ACCORDING TO THE SPONSORS OF THE BILL, THEY CAN DO WHAT THEY WANT WITH IT.

QUOTE TO ME, HEY, EVERYBODY'S GOT A BOSS. YOU DON'T HAVE TO LIKE IT. WHICH IS TRUE, BUT JUST KNOW THIS.

YOU ALSO TALKED ABOUT THE CRA HB 991 AND SB 124 NEARLY KILLED ALL CRAS IN THE STATE THIS YEAR BECAUSE THEY CAN DO THAT IF THEY WANT.

SO I'M NOT SURE WHAT THE STRATEGY IS EITHER, BUT I KNOW WE HAVE FOLKS THAT ARE ADAMANT THAT THEY'RE GOING TO SHOVE THIS DOWN OUR THROAT AND THEIR ELECTED OFFICIALS. AND I FEEL LIKE WE'RE SO INTENT ABOUT HOME RULE.

LET'S LET'S THE RAGE CAN'T BE 12 PEOPLE. IT CAN'T BE US AND FIVE OTHERS.

OR IT'S IT'S GOT TO BE THE FOLKS THAT ELECT THOSE FOLKS.

AND IN ADDITION TO OUR EFFORTS. AND SO I WOULD ENCOURAGE EVERYBODY THAT'S CONCERNED ABOUT HOME RULE, AS WE ALL ARE UP HERE TO GET INVOLVED. GET ON THE PHONE AND WRITE LETTERS AND BE AS TENACIOUS AS YOU CAN BE IN DEFENSE OF IT.

IT'LL BE INTERESTING TO SEE WHERE THIS THING GOES.

AND I SHARE YOUR SAME CONCERNS, VICE MAYOR. WITH THAT, THANKS AGAIN.

WELCOME. AND I CAN'T BELIEVE WE'RE ALREADY TALKING ABOUT SUMMER BREAK.

THAT WAS GREAT. SO THANKS FOR THAT. THANK YOU.

COUNCILMAN SCHULTZ. HERE. THANK YOU. DAVID. COUNCILMAN CRAMER, YOU ARE THE REASON I'M HERE. YOU DON'T REMEMBER WHY, THOUGH? I THINK I DO REMEMBER, BUT GO AHEAD. THE CONVERSATION WE HAD WHEN I WAS IN HELSINKI, FINLAND.

AND SUMMER. SUMMER VACATION WITH MY WIFE, THAT'S WHERE SHE'S FROM. AND YOU FOLKS HAD DONE SOMETHING.

OVERRULED THE PAB, WHICH WAS SEVEN ZERO, AND YOU TOLD ME IF YOU WANT TO MAKE A DIFFERENCE, APPLY FOR PLAN B ON A PLANNING STAFF. MAKE AN APPLICATION FOR THE PLANNING STAFF.

AND I SAT THERE AND SAID, EXACTLY, SIR, I'M DONE WORKING FOR OTHER PEOPLE.

I RAN MY OWN SHOP FOR 45 YEARS, AND THE OTHER OPTION YOU GAVE ME WAS RUN FOR OFFICE.

AND I SAID, YOU KNOW, MATE, I THINK THAT'S GOING TO HAVE TO HAPPEN.

AND HERE I AM. SO THANK YOU FOR THE IMPETUS OR CONDOLENCES.

I'M NOT QUITE SURE, BUT THAT HAD A LOT TO DO WITH THIS DECISION.

SO I WANTED TO SHARE THAT WITH YOU. THE THE CAMPAIGNS ARE FUNNY THINGS AND I'VE BEEN INVOLVED IN SO MANY IN MY LIFE.

YOU START WITH A GROUP OF PEOPLE, SOME DROP OFFS, SOME COME ON.

AND AT THE END OF THE DAY, YOU START WITH ALLIES, FRIENDS AND CONCERNED PEOPLE, AND YOU END UP WITH A DIFFERENT MIX AND MATCH OF PEOPLE WHO, FOR WHATEVER REASON, DECIDE EXCUSES, REASONS.

THEY WANT TO BE WITH YOU FOR REASONS THEY WANT TO LEAVE YOU FOR EXCUSES.

THAT'S LIFE, ESPECIALLY IN THE PUBLIC REALM. AND SO THE THING IN POLITICS THAT I HAVE LEARNED FROM MICHIGAN TO HERE, I STARTED IN 1978 AS A PRESS AIDE TO THE GOVERNOR OF MICHIGAN.

THE ONLY THING IN POLITICS THAT CHANGES ARE THE FACES.

IT'S ALL THE STUFF THAT GOES BEHIND THE SKULLDUGGERY, THE BACKSTABBING, THE CONGRATULATIONS, ALL THE HIGHS AND LOWS. IT DOESN'T CHANGE FROM ONE STATE TO ANOTHER.

IT'S JUST THE FACES AND THE POWER PLAYS PEOPLE THROW AT YOU.

AND I LEARNED A LOT IN THIS CAMPAIGN A GREAT DEAL.

I RAN FOR CONGRESS IN 1988. I LEARNED A LOT THEN TOO, BUT I WAS YOUNG, AMBITIOUS, AND MORE ASSERTIVE.

[04:55:02]

I WASN'T IN OFFICE YET, AND THEY JUST WANTED TO SHOW ME THE SCENARIO THAT THEY'RE LIVING UNDER, AND IT CAUSED ME A GREAT DEAL OF ANGST. I CALLED COUNCIL AND SAID, HEY, I'VE GOT SOME ISSUES HERE, AND HE SAID HE WOULD WORK ON IT IN A MEETING, AND I BELIEVE THAT'S BEING ARRANGED. SO THAT'S IN THE PROCESS.

SO I. RESIDENTS FIRST, RESIDENTS FIRST. AND THESE FOLKS ARE RESIDENTS OF NAPLES.

AND THE FOLKS THAT WANT TO DO WHAT THEY WANT TO DO THERE, THEY WANT TO MAKE A BUCK. NOTHING WRONG WITH THAT. THAT'S WHAT MAKES THE WORLD GO ROUND IN A CAPITALISTIC SOCIETY. BUT THEY SHOULDN'T BE PUT UPON TO HAVE TO EXPEND THIS MUCH MONEY IN LEGAL BILLS AND WHAT THEY'RE DOING SIMPLY TO HAVE THE RIGHT TO HAVE THEIR HOME BE THEIR HOME. PHILOSOPHICALLY, ON THE PAB, WHENEVER SOMETHING CAME TO ME ABOUT MIXED USE COMMERCIAL AND RESIDENTIAL, I JUST GOT A PROBLEM WITH IT BECAUSE YOU COME IN UNDER ONE SET OF CIRCUMSTANCES, IN ONE RESIDENT WANTING TO MODIFY SOMETHING FOR THEIR PURPOSES, BUT LIFE GOES ON, THEY MOVE ON. AND THEN A NEW PARCEL, I MEAN, A NEW PERSON COMES INTO THAT PARCEL AND CHANGES THE WHOLE GAME PLAN.

AND SO, YES, THESE FOLKS PERHAPS WERE NEGLIGENT NOT LOOKING AT THE TOTAL RAMIFICATIONS OF ALL THE ZONINGS THAT COULD BE INVOLVED THERE.

BUT THEN WHAT CAME IS SURPRISE. WE HAVE SOMETHING ELSE THAT'S HERE FOR YOU.

AND I EMPATHIZE WITH THEM GREATLY BECAUSE I CAN'T FATHOM WHAT THAT WOULD BE LIKE.

SO I HOPE WE'RE GOING TO BE ABLE TO FIND A WAY TO CUT THE BABY.

THERE'S A LOT OF DIFFERENT WAYS TO DO THIS, AND I'LL WAIT FOR THOSE PRIVATE MEETINGS TO GET INTO THOSE, THOSE OPTIONS. BUT THAT ONE WAS A STRUGGLE BECAUSE I FELT I'M NOT IN OFFICE YET.

WHAT CAN I DO? YOU KNOW? BUT I KNEW I WAS COMING TO THIS POINT.

SO I'M EAGER TO GET SOMETHING DONE HERE THAT'S ACCEPTABLE.

AND THEN THE OTHER DAY, I WAS AT A MEETING. GSAC HAD A MEETING, AND THEY FEATURED COMMISSIONER COLWELL, WHO'S NOW THE CHAIR, AND DAN AND I WERE GOOD FRIENDS.

HE APPOINTED ME TO THE CSM COMMITTEE, WHICH IS HOW I GOT TO MEET SO MANY OF YOU ALL.

AND I SAID, YOU KNOW, WHAT CAN WE DO? IN THE CAMPAIGN? I WAS CONSISTENTLY SAYING, WE NEED ALLIES, WE NEED BETTER RELATIONS.

AND HE SAID, YOU KNOW WHAT? I'M THE CHAIR THIS TIME. LET'S WORK AT HAVING A COUPLE MORE JOINT SESSIONS.

AND I SAID, HOW ABOUT A HOME AND HOME? YOU KNOW, WE COME TO YOU, YOU COME TO US.

HE SAID HE WOULD PROPOSE IT, BUT I THREW THAT OUT THERE.

I CAN'T SPEAK FOR ANYBODY HERE, BUT I DON'T BELIEVE ANYBODY LOGICALLY CAN BE AGAINST US TRYING TO WORK WITH PEOPLE INSTEAD OF CONSTANTLY THROWING SPITBALLS AT FOLKS ACROSS THE WAY. WE DON'T LIKE THIS. WE DON'T LIKE THAT BECAUSE PEOPLE ARE GOING TO TELL US WE DON'T LIKE WHAT WE'RE DOING TOO. SO I THINK THAT THAT'S SOMETHING I WOULD LIKE TO CONSIDER.

MAYOR THAT'S IN YOUR REALM, OF COURSE. BUT I DID HAVE THE CONVERSATION WITH DAN, AND I WANT TO HEAR I NEED TO UNDERSTAND THAT CONCEPT SO COUNCIL CAN UNDERSTAND IT BETTER BEFORE HOME AND HOME IS A SPORTS ANALOGY.

COACH WILL PROBABLY GET THIS IN TENNIS ONE ONE VISIT HERE, WE VISIT THERE.

YEAH YEAH I'M SORRY RIGHT. YES, WE HAVE THAT ON.

MR. YOUNG HAS KNOWN WE WILL. IT'S BEEN A TOPIC OF OUR CONVERSATION, AND WE SHOULD SCHEDULE THAT SOONER THAN LATER.

THERE WERE SOME THINGS THAT WE HAD TO GATHER AS FAR AS SOME INTERLOCAL AGREEMENTS AND INTER LOCAL SHARING OF, OF INFRASTRUCTURE SO THAT WE DON'T GO IN AND JUST HAVE YOU KNOW, HEY, HOW ARE YOU TODAY? A MORE INTENTIONAL. SO PRECISELY. YEAH. SO I'M GLAD YOU'RE OPEN AND RECEPTIVE TO THAT.

I NEED TO TO SHARE THAT. THIS PAST SUMMER, I HAD BEEN WORKING ON A PROJECT WITH A NEIGHBOR NEIGHBORING HOA PRESIDENT SEAGATE PATRICK WACK WITH PELICAN BAY SERVICES DISTRICT, AND WE HAD BEEN WORKING ON THAT PROJECT FOR 17 MONTHS TO GET OFFICIALLY BOARD OF COUNTY COMMISSIONERS COMMITTEE, FORCING PELICAN BAY SERVICES DISTRICT TO VISIT WITH US.

SINCE WE LIVE, I LIVE THE GULFS HERE, CLAM BAYS HERE, THE CANALS THERE, AND VENETIAN BAY.

I'M. I LIVE ON THE WATER, SO I LIVE RESILIENCY ON THE WATER.

IT WAS EXPOSED TO IT BECAUSE THE BOARD OF COUNTY COMMISSIONERS APPOINTED ME FOR THE ENTIRE DISTRICT.

WHICH OF DISTRICT FOUR? WHICH IS THE ENTIRE CITY OF NAPLES? I LIVED THERE, I BREATHE IT, AND THEN AT THE MOMENT WHEN THE BOARD OF COMMISSIONERS WAS SUPPOSED TO APPROVE IT, COMMISSIONER HALL COMES OUT OF LEFT FIELD AND JUST SAYS, SPIKE IT. KNOW WHAT THE END RESULT OF THAT WAS?

[05:00:07]

AND SO WE'VE BEEN WORKING WITH PELICAN BAY SERVICES DISTRICT NOW REGULAR MEETINGS WERE TREATED EQUALLY.

AND I'M REALLY PLEASED WITH THAT, WHICH IS MY STRONG INTEREST IN THE COASTAL COMMITTEE.

BUT HAVING BEEN THE CHAIR OF THE COUNTY'S EFFORT THERE'S A LOT OF ADVANTAGES TO TO LIVING ON THE WATER IF YOU'RE MAKING RULES FOR PEOPLE WHO LIVE ON THE WATER.

BUT IF YOU DON'T LIVE ON THE WATER, MAKING RULES FOR PEOPLE DO. THAT'S SOMETHING YOU MAY WANT TO CONSIDER.

THE EXPERIENCE I HAD ON THE PAB WAS WAS FASCINATING.

BUT WHEN YOU START TO TAKE KNOWS NO VOTES ON THINGS VARIANCES YOU SEE THAT WHAT COMES AT YOU THEN EVERYTHING GOES ACTUALLY.

LAND USE ISSUES TO GENERAC GENERATORS. GENERAC GENERATORS, GENERAC STEADY DIET OF GENERATORS.

AND WHY IS THAT? WELL, I DON'T KNOW WHO'S DIRECTING IT, BUT THAT'S SORT OF WHERE IT WAS.

AND THAT GOT REALLY FRUSTRATING AS WELL. SO THERE ARE MUCH BETTER THINGS TO DO.

STAFF SHOULD BE ABLE TO DO THE GENERAC GENERATORS. WHY ARE WE DOING THAT STUFF? AND THEN THE OTHER GOOD STUFF WOULD GO TO THE DRB, WHICH IS NOTHING WRONG WITH DRB, BUT FOR LAND USE LIKE PETTITT SQUARE, THAT SHOULD HAVE BEEN, IN MY JUDGMENT, SOLELY.

THAT SHOULD HAVE BEEN A PAB ISSUE, BUT IT'S NOT.

I DIGRESS. BUT BUT BUT THAT YOU KNOW, I'M NOT QUITE SURE HOW THAT DOG WILL HUNT, BUT ANOTHER ANOTHER MATTER.

AND THIS ONE TROUBLED ME ENOUGH TO CALL COACH FROM HELSINKI.

FINLAND IS IF WE'RE GOING TO DO ANY STUDIES THAT AFFECT THE ENTIRE CITY, LET'S DO IT ONLY WHEN THE RESIDENTS ARE HERE.

JANUARY, FEBRUARY, MARCH. THE OLD SAW. YOU WANT TO GET THINGS DONE IN NAPLES OR COLLIER COUNTY, YOU KNOW, LET'S DO IT THE SUMMER WHEN THERE'S NOBODY HERE. AND I HEARD A GREAT LINE RECENTLY THAT YOU NEVER HEAR ANYBODY IN DETROIT, MICHIGAN OR MASSACHUSETTS, SAYING, I WANT TO GO TO COLLIER COUNTY, FLORIDA.

NO, THEY SAY WE'RE GOING TO GO TO NAPLES, FLORIDA, BECAUSE NAPLES JUST GOES ON AND ON AND ON AND ON.

BUT IT DOESN'T. THE RESIDENTS IN (341) 023-4103.

WE'RE THE ONES THAT PAID THE FREIGHT, THE ONES THAT PAY THE FREIGHT. AND SO I WOULD CONTEND FOR CITY MANAGER AND OTHERS THAT IF YOU'RE GOING TO SPEND MONEY ON A STUDY, DO IT WHEN THE TAXPAYER RESIDENTS ARE HERE.

NOW GRANTED, THIS LAST ONE WAS NOT WELL ATTENDED EITHER.

HOWEVER, AT LEAST WE CAN LOOK THE RESIDENTS IN THE EYE AND SAY, HEY FOLKS, YOU KNOW YOU HAD A CHANCE HERE.

IT WASN'T DONE BEHIND YOUR BACK. THAT'S THE THE PURPOSE OF THESE COMMENTS SOLELY IS THAT I HEAR, WELL, WELL, YOU DID IT IN THE DARK. WELL, HERE'S YOUR CHANCE.

COME BITE THE APPLE. YOU KNOW, WE MOVED THE BALL AND THE BOARD, THE CITY COUNCIL, CITY COUNCIL ALLOWED FOR THIS ONE TO HAPPEN, AND IT WAS POORLY ATTENDED AS WELL. FAIR ENOUGH, BUT AT LEAST THEY WERE HERE.

SO I THINK MOVING FORWARD, WHEN WE'RE GOING TO LET CONTRACTS LIKE THAT, I THINK WE SHOULD DO IT WHEN WHEN THE TAXPAYER RESIDENTS ARE HERE.

JUST AGAIN, A LITTLE LITTLE ANIMAL THAT COMES THERE.

THE. I'LL END IT RIGHT THERE. THANK YOU SO MUCH.

IT'S GREAT TO BE A PART OF THIS. I'VE SEEN YOU ON TV SO MANY TIMES, AND I'M SORT OF SICK OF SEEING TED AND CARL BECAUSE WE SPENT 13 FORUMS TOGETHER AND NOTHING AGAINST YOU GUYS, BUT IT'S BEEN FUN.

BUT I THINK WE CAN HAVE THE OPPORTUNITY WITH THE SKILL SETS HERE TO GET A LOT OF GOOD STUFF DONE.

AND WITH THAT SAID, THANK YOU SO MUCH FOR ENDURING THIS COMMENTARY THAT I THREW A LOT AT YOU.

SORRY. I'LL JUST ON A COUPLE OF THINGS. THE GENERATORS ARE BEING LOOKED AT.

AS YOU VERY WELL KNOW, WE HAD WIND HURRICANES.

GENERATORS WEREN'T EVEN A THOUGHT. AND THEN GENERATORS STARTED TO BE A THOUGHT.

AND THEN WE HAVE DEVELOPMENT OF, YOU KNOW, SPEC HOMES AND OR HOMES THAT PEOPLE BUILD, AND THEY'RE NOT PLANNING FOR A GENERATOR.

IT'S IT'S BEING DISCUSSED IN STAFF AT THIS POINT.

BECAUSE WE HAVE RULES IN THE SETBACKS. AND THAT'S WHY THERE'S A LOT OF, OF ISSUES WITH GENERATORS BECAUSE OF OUR CODE.

I THINK WE HAVE TO BE VERY CAREFUL IN THAT BECAUSE YOU REALLY HAVE TO GO OUT THERE, YOU HAVE TO HAVE A HEARING,

[05:05:03]

SO IT'S NOT IMPACTING SOMEBODY? SO I JUST WANT YOU TO KNOW, I THINK THAT GENERATORS IS A VERY LEGITIMATE DISCUSSION, AND IT'S COMING BACK. SO THE PAB AND THE PETTITT SQUARE, I AGREE, I DON'T KNOW HOW THAT HAPPENED. SO I THINK WE'LL FIND THAT INFORMATION OUT ON WHY THAT WAS DETERMINED THAT IT DIDN'T HAVE TO COME TO COUNCIL.

AND THEN CONTRACTS FOR STUDIES. IT'S OUR RESPONSIBILITY IF WE'RE NOT PAYING ATTENTION TO THE DETAILS WHEN WE GET OUR PACKETS AND WE DON'T LOOK AT THE SCOPE OF WORK AND WE DON'T CATCH IT, THEN SHAME ON US, BECAUSE IT WAS IN THE SCOPE OF WORK AND NO ONE CAUGHT IT, INCLUDING MYSELF THAT THOSE MEETINGS WEREN'T SCHEDULED IN THE TIMES THAT WE MIGHT WANT IT.

SO JUST LESSON LEARNED. PAY ATTENTION TO YOUR SCOPE OF WORK.

THANK YOU FOR THAT INFORMATION. WITH THAT, THE.

WHEN I LOOKED AT THE NUMBER OF GENERATORS ON A PAB, I ACTUALLY WENT TO EVERY EVERY SITE, EVERY SINGLE ONE.

AND I'M LOOKING AT THIS STUFF GOING, THERE'S 18 GENERATORS ON ALL THESE OTHER HOMES AROUND HERE.

WHY IS THIS AN ISSUE? AND I COULDN'T GET MY ARMS AROUND IT.

BUT THAT WAS WHAT THAT WAS. SO THANK YOU. THANK YOU.

COUNCILMEMBER PENMAN. CONGRATULATIONS, GENTLEMEN.

YOU WORKED HARD. WE'RE GLAD TO HAVE YOU BACK ON COUNCIL.

HAVE YOU BACK, SIR? AND HAVE THE OTHER TWO. SO WE'LL WE'LL I'LL ENJOY WORKING WITH YOU.

AND THE HOPE IS, IS THAT WE GET AN AWFUL LOT OF STUFF DONE.

CITY ATTORNEY, I DON'T UNDERSTAND PROBABLY BECAUSE I HAVEN'T TAKEN A DEEP ENOUGH DIVE.

I'D LIKE TO KNOW ABOUT AVIGATION EASEMENTS. I'M CURIOUS TO KNOW WHETHER OR NOT.

WHAT? WHETHER OR NOT THOSE THEY CAN BE APPLIED TO CERTAIN AREAS THAT ARE WHERE AIRLINE NOISE IS A NUISANCE. I DON'T KNOW WHAT THEY ARE.

I'VE READ ABOUT THEM QUITE OFTEN PEOPLE LIVING UNDER AVIGATION EASEMENTS WHEREBY THEN YOU CAN DO SOME SORT OF ADAPTATION.

I DON'T KNOW WHAT THEY ARE. I DON'T KNOW IF ANYBODY ELSE IS INTERESTED IN LEARNING AS TO WHAT THEY ARE AND WHETHER OR NOT THEY WOULD EVER BE APPLICABLE HERE.

SO JUST TO CLARIFY, FOR THE PUBLIC AND MAYBE SOME MEMBERS OF COUNCIL, ARE YOU REFERRING TO AIRSPACE EASEMENTS? I'M TALKING AVIATION IS FOR THE AIRSPACE USUALLY.

I JUST WANTED TO CLARIFY BECAUSE YEAH, THAT'S A TERM I HAVEN'T HEARD SINCE LAW SCHOOL, BUT I CAN I CAN LOOK OUT THERE AND IF YOU'RE AGAIN, IF I'M NOT EXACTLY SURE HOW OR WHY THEY ARE APPLIED, WHICH I THINK IS IMPORTANT.

OBVIOUSLY, IF WE CAN'T APPLY THEM, THERE'S, YOU KNOW, THAT IS NOT GOING TO BE A PATHWAY THAT WE CAN POSSIBLY TAKE A LOOK AT RELATIVE TO THE NOISE SITUATIONS HERE. SO IT DOESN'T HAVE TO BE DONE TODAY OBVIOUSLY, BUT I'D LIKE TO UNDERSTAND THEM A LITTLE BIT BETTER.

COULD I JUST MAKE A SUGGESTION? SURE. MAYBE MR. MCCONNELL DISAGREES, BUT I THINK THAT'S A PERFECT DISCUSSION FOR US TO HAVE WITH THE JOINT MEETING, BECAUSE THERE'S TWO FACETS OF THAT. ONE HAPPENS TO BE THAT MR. ROZANSKI HAS COME TO US IN THE PAST AND SPOKEN ABOUT THE HEIGHT OF A BUILDING AND HAVING TO DECLARE THAT WITHIN THE BUILDING STRUCTURE AND GETTING APPROVAL FOR A BYPASS OR SOMETHING.

SO I THINK IT'S IMPORTANT THAT THAT BE A DISCUSSION AT THE JOINT MEETING.

YEAH I DON'T COULDN'T AGREE MORE. OKAY. AND THEN THE SECOND PART OF THAT IS HIGH HAZARD AREA USED TO BE IN THE COMP PLAN. AND I THINK IT'S SOMETHING THAT WE CAN HAVE THE CLERK SEARCH FOR US AND PROVIDE US WITH INFORMATION OF WHAT IT USED TO BE WITHIN OUR COMP PLAN OF HIGH HAZARD AREA. GREAT. I'M SORRY. THE THE HIGH NOISE IMPACT AREA THAT'S IN THE OVERLAY.

HIGH HAZARD AND HIGH AND NOISE IMPACT. OKAY. OKAY, GREAT.

OKAY. OKAY. THERE AGAIN. HAVE THERE EVER BEEN. AND I SURE WOULDN'T WANT TO ESTABLISH A PRECEDENCE, BUT WOULD THERE BE A WAY THAT THERE COULD BE SOME SORT OF A PARTNERSHIP HERE WHEREBY SOME

[05:10:07]

AGAIN, I WOULDN'T WANT TO ESTABLISH ANY PRECEDENCE HERE, BUT I CERTAINLY FEEL FOR THESE PEOPLE AND I JUST KNOW IF WE DIG DEEP ENOUGH, HOPEFULLY WE'LL FIND SOME WAY TO ATTENUATE SOME OF THAT NOISE.

I DON'T IT'S OUT THERE. PROBABLY SOMEPLACE I JUST.

I HAVEN'T HAD A CHANCE TO LOOK. SO CONGRATULATIONS, GENTLEMEN.

WONDERFUL TO HAVE YOU. SOME NEW THOUGHTS, SOME NEW APPROACHES.

IT ENERGIZES THE REST OF US THAT HAVE BEEN HERE FOR A COUPLE OF YEARS.

SO THAT'S THAT'S GREAT STUFF. CLUBS. SOMEHOW OR OTHER, I THINK WE SHOULD COULD DEFINE EXACTLY WHAT THOSE ARE, WHETHER OR NOT WE WANT TO LIMIT THE NUMBER.

IN THE CITY AND ON FIFTH AVENUE. I COULD CERTAINLY SEE A TREMENDOUS PROLIFERATION OF THESE.

MY CONCERN, OF COURSE, WOULD BE FOR THOSE PEOPLE THAT EXIST THAT ARE DOING BUSINESS NOW, THAT WITH ALL THE ALL THE RESTAURANTS THAT WE'VE GONE TO FOREVER AND EVER. AMEN. AND ALL OF A SUDDEN, YOU KNOW, NOW THEY SORT OF LACKLUSTER BECAUSE I DON'T HAVE TO GIVE I DON'T HAVE TO PAY A CARD.

GIVE THEM A CARD THAT SHOWS THAT I PAID $100,000 TO GET IN OR SOMETHING.

SO I'D LIKE TO TAKE A LITTLE BIT CLOSER LOOK AT THOSE AND SHOULD SHOULD WE IN FACT LIMIT THE NUMBER IN A PARTICULAR AREA? JUST A THOUGHT. YOU KNOW, I WAS LEAVING HERE THE OTHER DAY AND I GOT BEHIND A BUS, HUGE BUS, AND I IT WAS DIFFICULT TO TELL, BUT I'M PRETTY DOGGONE SURE THAT THERE WERE PROBABLY, MAYBE TWO PEOPLE IN THAT BIG OLD THING.

WHAT HAPPENS WITH THE MPO, OF COURSE, IS GOING TO BE A DIFFERENT DECISION.

BUT ON THE OTHER HAND, I WONDER IF WE SHOULDN'T LOOK A LITTLE BIT MORE AT CERTAINLY.

MICROTRANSIT WE HAVEN'T ADDRESSED THAT. I DON'T THINK SIGNIFICANTLY.

I'D LIKE FOR US TO TALK A LITTLE BIT MORE ABOUT MICROTRANSIT, HOW WE'RE GOING TO HANDLE THAT LANE USAGE RELATIVE TO MICROTRANSIT.

SO LET'S BECAUSE THAT THAT SEEMS TO BE I SEE AN AWFUL LOT GOING DOWN THAT ROAD, AND CERTAINLY DURING THE DRY SEASON.

IT'S A WONDERFUL WAY FOR THESE PEOPLE TO GET TO AND FROM WORK A LOT BETTER THAN SITTING ON 41 FOR AN HOUR AND A HALF TO GET HOME.

THEY'RE PROBABLY GETTING HOME BEFORE ANYBODY IS.

SO I'D LIKE TO GET BACK AND LOOK AT MICROTRANSIT A LITTLE BIT MORE CAREFULLY.

SO THANK YOU. COUNCILWOMAN ARE YOU REFERRING TO THE FACT THAT THE CAT BUSSES AREN'T FILLED? YES. OKAY. THANK YOU. AND. OKAY. YES. GENERALLY THEY'RE EMPTY.

SO I THINK I WONDER IF WE COULDN'T WORK WITH THE MPO AND SEE IF PERHAPS.

I THINK THAT'S YOUR JOB. THERE YOU GO. YOU GOT IT.

OKAY. ANYWAY. THANK YOU. BUT I'M VERY INTERESTED IN LOOKING AT THE CLUB SITUATION.

AND AGAIN, ANY KIND OF A PUBLIC PRIVATE PARTNERSHIP.

I'LL LOOK INTO THAT AND SEE IF WE CITIES HAVE EVER DONE ANYTHING LIKE THAT.

BUT CERTAINLY HAVE GREAT EMPATHY FOR WHAT'S GOING ON CURRENTLY.

THANK YOU. THANK YOU. WHEN'S YOUR NEXT MPO MEETING.

SO YOU CAN ASK THEM THOSE QUESTIONS. OH I SEE.

AND WE'VE LOST. WE'VE LOST THE WOMAN THAT WE'VE WORKED WITH NOW FOREVER AND YEAH, FOREVER AND EVER.

AMEN. SO YEAH. SO WITHIN THE NEXT COUPLE OF WEEKS.

OKAY. OH THAT'S RIGHT. THANK YOU. OH THAT'S RIGHT, THANK YOU.

SO NOW THAT YOU'VE GOT A TASK TO FIND OUT ABOUT THOSE BUSSES.

BUSSES? THANK YOU, THANK YOU. COUNCILWOMAN VICE MAYOR.

THANK YOU. IT'S EXCITING TO BE BACK. LOOKING FORWARD TO WORKING WITH YOU ALL.

I'D LIKE TO THANK THE THE RESIDENTS, THE STAFF AND EVERYBODY WHO WAS INVOLVED WITH THE ELECTIONS AND CAMPAIGNS AND MADE THEIR VIEWS KNOWN ON VARIOUS ISSUES THAT HOPEFULLY WE NOW CAN DO SOMETHING ABOUT AND MOVE FORWARD ON THOSE AND THANK ALL OF OUR FAMILIES WHO SACRIFICED TO SUPPORT US AND SPENDING TIME HERE AND GETTING READY FOR MEETINGS AND OUTSIDE MEETINGS.

THEY ENDURE A LOT SO THAT WE CAN DO THIS TOO, AND I CERTAINLY APPRECIATE THEM.

JUST A FEW ITEMS I'LL MENTION THAT DID COME UP DURING THE CAMPAIGN, AND I DON'T KNOW IF THEY'RE ALREADY ON SOMEBODY'S RADAR, BUT JUST TO MENTION THEM SO THAT THEY POSSIBLY COULD BE THERE'S THIS IDEA OF ADMINISTRATIVE INTERPRETATIONS.

[05:15:05]

AND I KNOW STAFF NEEDS LEEWAY TO INTERPRET THE CODE, BUT IT SEEMS LIKE WE NEED SOME GUIDANCE OR CLARIFICATION. LIKE HOW DO YOU KNOW WHEN YOU NEED HELP FROM CITY COUNCIL OR WHEN YOU DON'T? OR JUST LET US KNOW, YOU KNOW, LET THE PUBLIC KNOW THAT INTERPRETATIONS HAVE BEEN MADE OR ARE ABOUT TO BE MADE SO THEY CAN WEIGH IN ON THEM IF IF THEY WANT TO AND HELP SHAPE THOSE. BECAUSE IT SEEMS LIKE IT'S JUST A AREA THAT'S RIPE FOR MISUNDERSTANDING BECAUSE STAFF DOESN'T KNOW WHAT THEY CAN OR CAN'T DO.

WE DON'T KNOW WHAT CAN AND CAN'T BE DONE. THE PUBLIC DOESN'T KNOW WHAT CAN OR CAN'T BE DONE.

AND IF WE COULD JUST AT LEAST SHINE A LIGHT ON SOME OF THESE THINGS, THEN WE ALL CAN WORK BETTER TOGETHER AND UNDERSTAND WHAT EACH OTHER IS DOING BETTER.

MOVING ON. THE PROPOSED AIRPORT ORDINANCE LIKE MISS FERRY SAID, I THOUGHT WE HAD A PRETTY GOOD PROCESS IN PLACE ALREADY.

THAT SPELLED OUT IN THE COMP PLAN. THE ORDINANCES FOR COUNCIL TO APPROVE SITE PLANS AND UTILIZATION PLANS. I THINK WE APPROVED ONE WHEN I WAS ON COUNCIL BEFORE, I THINK IN 2021, MAYBE 22, SOMETHING LIKE THAT.

SO I DIDN'T KNOW IF THAT REALLY NEEDS TO BE CLARIFIED.

IF WE ALREADY HAVE A PROCESS IN PLACE, WE JUST NEED TO MAKE SURE WE FOLLOW IT UP.

AND IF THAT IF REOPENING THAT PROCESS, AS YOU SAID, MAYOR LEADS TO UNINTENDED CONSEQUENCES THAT NOW ALL OF A SUDDEN PEOPLE WANT TO ADDRESS OTHER THINGS, WE END UP WITH UNFORESEEN CONSEQUENCES THAT WEREN'T REALLY INTENDED ALL ALONG.

SO IT SEEMS TO ME MAYBE WE DO NEED TO PAUSE THAT EFFORT, AT LEAST UNTIL THE WORKSHOP, AND DECIDE, DO WE REALLY NEED AN ORDINANCE? WHAT IS IT WE'RE TRYING TO ACCOMPLISH? MAYBE IT'S NOT NEEDED, AND MAYBE WE CAN SAVE OURSELVES A LOT OF TIME AND HEARTACHE.

ALSO ON H.B. 405 THAT WAS MENTIONED, I UNDERSTAND FROM CONVERSATIONS AND WATCHING PRIOR MEETINGS, I THINK THERE'S AN ATTORNEY THAT THE CITY HAS HIRED TO ADVISE US ON POSSIBLE OPTIONS.

AND I DON'T KNOW IF THEY BRIEFED THE ENTIRE COUNCIL ALREADY ON WHAT THOSE OPTIONS ARE, OR IF WE NEED ONE ON ONE MEETINGS.

I WOULD LIKE TO KNOW WHAT THOSE OPTIONS ARE. I BET COUNCILMAN KROL AND SCHULTZ WOULD TOO.

AND I'M NOT SURE IF EVERYBODY ELSE IS ALREADY UP TO SPEED, BUT AT LEAST TO KNOW WHAT THOSE OPTIONS ARE.

IF THAT LEGISLATION PASSES WHAT WHAT WE COULD DO.

HAS THERE BEEN A BRIEFING OR IS HE STILL WORKING ON WHAT THOSE OPTIONS, AND IS MY UNDERSTANDING CORRECT? IS HE WORKING ON WHAT OUR OPTIONS MIGHT BE? SO HAS THERE BEEN A BRIEFING? NOT FORMALLY, NOT IN THE PUBLIC AND NOT WITH COUNCIL OUTSIDE OF THE PUBLIC.

BECAUSE, AGAIN, I CAN'T MEET WITH MORE THAN ONE OF YOU UNLESS I NOTICE IT.

HAVE I PERIODICALLY UPDATED COUNCIL VIA THE LOBBYIST AND JAMIE COLE? YES, BUT TO BE AS TRANSPARENT AS POSSIBLE, THERE'S REALLY NOT MUCH INFORMATION COMING FROM HIS RESEARCH, SO I'D BE HAPPY TO SET UP CONVERSATIONS WITH EACH OF YOU AND JAMIE COLE TO HEAR FROM HIM DIRECTLY.

BUT I DON'T KNOW IF THE PUBLIC IS EXPECTING SOME KIND OF GOLDEN TICKET OR SOMETHING, BUT THAT'S NOT THE INFORMATION I'M GETTING AT ALL.

SO I JUST WANT TO SET EXPECTATIONS, LIKE, DON'T EXPECT MUCH.

BUT HE HAS DONE WORK AND RESEARCHED AND AND I CAN EXPLAIN WHY WE GOT HIM INVOLVED.

BUT REALLY, THE REASON WE GOT HIM INVOLVED AT FIRST WAS TO TRY TO HELP REVIEW THE BILL, REVIEW SOME OF THE BACKUP DOCUMENTATIONS, BECAUSE WHILE THE LOBBYISTS ARE ATTORNEYS, THEY'RE NOT LAND USE SPECIALISTS, THEY'RE LOBBYISTS. SO THE RESEARCH HE WAS GOING TO PRODUCE AND FIND WAS GOING TO HELP THE LOBBYISTS IN DEFEATING THE BILL. IT WAS KIND OF A TWO HEADED MONSTER, IF YOU WILL.

BUT THE RESEARCH HE RAN, IT JUST DIDN'T GO ANYWHERE OF SUBSTANCE.

AND WITHOUT SAYING ANY MORE BECAUSE OF LEGAL STRATEGY.

I'D BE HAPPY TO CONNECT YOU SO THAT YOU CAN HEAR WHAT HE POTENTIALLY IS THINKING.

BUT A LOT OF THINGS HAVE TO FALL IN LINE. AND AGAIN, IT'S NOT A IT'S NOT A FOR SURE THING.

OKAY. YEAH, I WOULD APPRECIATE THAT. SURE THING.

I DON'T KNOW IF OTHERS WOULD TOO. AND THEN IF WE HAVE TO DISCUSS IT IN PUBLIC, WE WE SHOULD.

[05:20:08]

I'D RATHER DISCUSS THE STRATEGY IN PRIVATE, BUT IF WE CAN'T, WE CAN'T.

BUT MAYBE AFTER I UNDERSTAND BETTER WHERE THINGS STAND, I'LL HAVE A MORE INFORMED OPINION.

WELL, AND I THINK ANY DIRECTION WILL HAVE TO COME FROM COUNSEL IN PUBLIC. SO YEAH, ABSOLUTELY.

OKAY. THANK YOU.

SO THE IDEA OF GENERATORS AND FLOOD PANELS AND WHAT HOMEOWNERS CAN DO TO MAKE THEIR HOMES MORE RESILIENT CAME UP FREQUENTLY. AND PEOPLE JUST WANT TO KNOW, LIKE AN EASY CHECKLIST OR EASY GUIDELINES.

HERE'S WHAT I NEED TO DO IF I WANT TO HAVE A GENERATOR, OR HERE'S WHAT I NEED TO DO IF I WANT TO PUT IN FLOOD PANELS BECAUSE IT'S CONFUSING TO PEOPLE. AND WE ALL KNOW THAT THEY MAY GET THE RUNAROUND FROM THEIR CONTRACTOR WHO'S GOT OTHER THINGS GOING ON.

AND IT'S EASY FOR THEM TO BLAME THE CITY FOR DELAYS.

AND MAYBE IT'S THE CITY'S FAULT, MAYBE IT'S NOT.

BUT TO THE EXTENT WE COULD PUBLISH SOME EASY TO UNDERSTAND GUIDELINES FOR RESIDENTS, I THINK THAT WOULD BE HELPFUL.

AND THEN I THINK I HAVE HEARD ABOUT THE POTENTIAL ORDINANCE CHANGES FOR GENERATORS, WHICH MAY OR MAY NOT BE NECESSARY, AS I KNOW IT'S NICE FOR PEOPLE TO HAVE A GENERATOR, BUT YOU ALSO DON'T WANT TO PUT IT UNDER SOMEBODY ELSE'S WINDOW WHERE THEY HAVE TO HEAR IT ALL THE TIME. SO WE HAVE TO MAKE SURE WE'RE BALANCING OUT DIFFERENT PEOPLE'S NEEDS.

AND MR. YOUNG, YOU MENTIONED THE SALES TAX PROPOSAL THAT THE COUNTY IS CONSIDERING, WHICH I THINK WILL COME UP FOR A COUNTY WIDE VOTE.

I THINK WE DO NEED TO UNDERSTAND THAT BETTER AND DECIDE IF WE WANT TO TAKE A POSITION ON IT AND IF WE DO WHAT OUR SHARE IS.

LAST TIME I THINK OUR SHARE WAS BASED ON POPULATION.

AND TO ME, I THINK OUR SHARE SHOULD BE BASED ON PROPERTY VALUES.

YES, BECAUSE THAT'S WHAT DRIVES THE WHOLE ECONOMIC ENGINE FOR THE WHOLE COUNTY.

AND WE NEED TO MAKE SURE THAT THE PROPERTIES THAT ARE DRIVING THE PROPERTY TAX COLLECTIONS FOR THE SCHOOL BOARD, THE COUNTY AND US ARE BEING PROTECTED AND BEING ENHANCED.

IT'S JUST TO ME, IT MAKES ECONOMIC SENSE FOR EVERYBODY INVOLVED.

SWAN LAKE CAME UP NOT ONLY ABOUT THE BACKFLOW PREVENTERS, BUT ALSO ABOUT THE BIOLOGICAL SOLUTION.

THAT'S BEEN A PILOT TEST FOR A LONG TIME. AND I THINK THAT WAS ON AN AGENDA, BUT I DIDN'T SEE IT ON OR THERE WAS TALK ABOUT PUTTING IT ON AN AGENDA, BECAUSE AT LEAST FOR ME PERSONALLY, BEFORE WE SPEND MILLIONS OF DOLLARS TO DREDGE OTHER LAKES, I'D LIKE TO UNDERSTAND BETTER IF WHAT HAPPENED IN SWAN LAKE WOULD BE BE OF USE IN THE OTHER LAKES.

IT'S JUST, AGAIN, ECONOMICALLY, IF WE CAN SPEND A FEW THOUSAND DOLLARS TO FIX A PROBLEM AS OPPOSED TO A FEW MILLION DOLLARS, I'D LIKE TO AT LEAST EVALUATE IT AND UNDERSTAND IT.

SO I DON'T KNOW IF THAT'S ACTUALLY ON AN AGENDA ALREADY, OR I CAN ADDRESS THESE ONE BY ONE, BUT BUT SPECIFICALLY ON THAT ONE, SINCE YOU ASKED ME WE'RE CONTINUING THE PROGRAM UNTIL SUCH TIME AS IT'S BROUGHT BACK BEFORE THE NEW COUNCIL TO HAVE DISCUSSIONS AS TO WHETHER OR NOT IT'S GOING TO CONTINUE.

AS YOU KNOW, WE DO BUDGET A LAKE DESIGN AND A THE IN THE SUCCEEDING YEAR WE DO A LAKE DREDGING.

SO WE'RE STILL APPROACHING BOTH AT THE MOMENT.

BUT MAKE SURE THAT I CAN'T PROMISE IT WILL BE BEFORE MAY, BUT BUT IT WOULD BE NO LATER THAN THE END OF SEPTEMBER TO HAVE THAT DISCUSSION, BECAUSE WE JUST RENEWED IT. I THOUGHT IT WAS IN DECEMBER ABOUT DOING IT FOR ANOTHER YEAR, SO.

BUT I'LL MAKE SURE I CAN. OKAY. AS WE DISCUSS THE PRIORITIES, WE'LL TALK ABOUT WHICH MEETING WE CAN GET IT BACK TO YOU ON, SIR. AWESOME, AWESOME. BECAUSE I, I IMAGINE THE CIP PLAN THAT WE'LL BE LOOKING AT SOON MAY INCLUDE MONEY FOR CLEANING DEVILS LAKE OR WHEREVER.

AND AGAIN, IT'S THE YOU KNOW, WHAT'S THE RIGHT APPROACH TO ACCOMPLISH THAT.

AND THEN JUST SPECIFICALLY BECAUSE YOU MENTIONED GENERATORS, RIGHT NOW IT'S SET FOR THE APRIL 13TH WORKSHOP TO TALK ABOUT WHETHER WE WANT TO HAVE A BECAUSE WHAT WE DON'T WANT TO DO IS TURN AROUND AND SAY THAT NO, WE DON'T NEED TO SEE THEM.

BUT THEN WE HAVE A DEBATE UNDER THE ADMINISTRATIVE APPROVAL FOREVER.

SO THE CRITERIA, THE POINT IS TO MAKE THE CODE CONDUCIVE TO LETTING IT.

GOD BLESS YOU, LETTING IT HAPPEN QUICKLY, BUT AT THE SAME TOKEN, NOT LEAVING IT AMBIGUOUS AS TO THE TO THE TO THE SCOPE OF WHAT YOU'RE MAKING THOSE DECISIONS. SO I WELCOME THAT DISCUSSION, SIR.

[05:25:02]

WE HAVEN'T SCHEDULED IT ON THE LOOK AHEAD. BUT I THINK THAT WHEN WE DO THE PRIORITIES, YOU'LL SEE THAT IT BY CONSENSUS, I WOULD EXPECT THAT BACK IN APRIL AS WELL. AWESOME.

AND WILL THAT INCLUDE NOT ONLY WHAT SHOULD THE HEIGHTS BE, BUT HOW DO WE GET THERE? HOW DO WE IMPLEMENT THEM? HOW DO WE PAY FOR THEM? WELL, YES, BUT I DON'T THINK IT'S GOING TO BE A ONE TIME CONVERSATION BECAUSE I THINK ACTUALLY I THINK THE COMP PLAN IS A PIVOTAL TIME TO GET THE FEEDBACK FROM THE COMMUNITY.

WHEN YOU START TO THINK ABOUT WHAT YOU'RE GOING TO DO WITH SEAWALLS, WHAT YOU'RE DOING WITH RESILIENCY, TO COMPARTMENTALIZE, WHAT ARE WE DOING AS OUR CITY PROPERTIES THAT WE HAVE CONTROL OVER? WHAT ARE WE REQUESTING OUR, OUR, OUR CITIZENS TO DO ON THEIR PROPERTIES? BUT TO HAVE THAT DIALOG IN A PUBLIC FORUM AND IN RESPECT TO THE CHARTER.

SO IT'S NOT A SINGLE COUNCIL MEETING MAKING THOSE DECISIONS.

I THINK IT'S AS A CONTINUATION CONVERSATION WE'RE GOING TO HAVE FOR A WHILE.

TERRIFIC. THANKS. THANKS FOR THAT. AND THEN THE MIRACLE MILE WAS ANOTHER TOPIC THAT HAS COME UP AGAIN.

THAT SEEMS TO WE AT LEAST WHEN I WAS ON COUNCIL BEFORE, WE TALKED ABOUT IT QUITE A BIT, BUT THEN IT SEEMED TO GO QUIET FOR A WHILE, AT LEAST FROM THE RESIDENTS PERSPECTIVE. THEY SAID IT SEEMED TO GO QUIET FOR A WHILE.

SO IF THINGS ARE STILL HAPPENING, WE MAY NEED A COMMUNICATION STRATEGY TO LET THEM KNOW OR IF WE NEED TO MAKE DECISIONS.

WE MAY NEED TO TALK ABOUT THAT. YEAH. AND I THINK THAT WHAT I WILL DO IS YES, YOU NEED TO HAVE A REFRESH OF WHAT YOU HAD ORDERED AS A COUNCIL, WHICH WAS PRELIMINARY CONCEPTUAL TO BRING THAT BEFORE YOU GET FEEDBACK ON THAT, BECAUSE THERE'S BEEN NO FULL FLEDGED HARD DESIGN ON ANYTHING.

ALL YOU ELICITED WAS CONCEPTUAL. SO WE'LL BRING THAT BACK TO A WORKSHOP.

DO YOU WANT TO PROCEED FORWARD WITH IT, EVEN TO THE EXTENT OF OF DOING AN RFP FOR DESIGN? AND BUT WE HAVE TO HAVE THAT CONVERSATION WITH OPEN EYES AS IT PERTAINS TO EVERYTHING ELSE THAT IS GOING ON.

FOR EXAMPLE, YOU HAVE A SIGNIFICANT AMOUNT OF DEVELOPMENT ALONG THERE.

YOU HAVE FUNDING THAT COULD COME ALONG WITH IT, BUT IN THE SAME TIME, YOU HAVE PRIORITIES OF WHICH WE'RE ALREADY WORKING IN AREAS ON.

SO IT'S GOING TO BE A COMBINATION OF GIVE AND TAKE ON ON THAT.

SO I THINK THAT INITIATING IT BACK TO HERE IS THE THE CONCEPTUAL DESIGN.

NOW WHERE DO WE WANT TO GO FROM HERE AND HOW DO WE MAKE A PATH TO GET THERE? I THINK THAT'S THAT'S A CONDUCIVE DISCUSSION TO HAVE.

OKAY. AWESOME. THANKS. I KNOW THERE'S A LOT GOING ON, A LOT OF QUESTIONS, A LOT OF ISSUES.

BUT I'M EXCITED THAT WE'RE HERE READY TO DO SOMETHING ABOUT THEM.

SO THANK YOU, THANK YOU, THANK YOU. MR. MCCONNELL, DO YOU HAVE ANY CORRESPONDENCE COMMUNICATIONS? I KNOW IT'S KIND OF BEEN I MEAN, I DID PLAN ON SAYING A FEW THINGS, SO I'LL TRY TO BE QUICK.

I GUESS I'M I'M LAST, BUT SOME QUESTIONS ABOUT THE ELECTION REFERENDUM.

SO IF YOU'LL RECALL, THERE IS A ORDINANCE THAT'S COMING BEFORE YOU FOR THE BLUE RIBBON COMMITTEE SALARIES.

I'M OF THE OPINION THAT ANYTIME YOU CHANGE ANY TEXT IN THE CHARTER, BUT FOR TWO EXCEPTIONS, YOU HAVE TO SEND IT TO REFERENDUM. SO THAT'S ALREADY OCCURRING. THE REASON I THINK IT'S IMPORTANT TO MENTION IS BECAUSE THERE WERE TALKS ON MOVING ELECTION DATES, POTENTIALLY THAT WOULD ALSO BE A REFERENDUM. SO IF YOU'RE GOING TO DO IT ONCE AND THEN YOU MIGHT AS WELL.

I MEAN, JUST SAYING IF YOU'RE GOING TO DO IT, YOU MIGHT AS WELL LOOK AT THE CHARTER AND SEE IF THERE'S ANYTHING ELSE YOU WANT TO CLEAN UP. ALSO, I HAD THE PLEASURE OF SERVING AS THE LEGAL COUNSEL FOR THE CANVASING BOARD, CITY OF NAPLES, WHICH WAS A FUN EXPERIENCE. AS YOU KNOW, MARCO ISLAND, THROUGH A LOCAL BILL, WAS GOING THROUGH SOME CHANGES ON HOW TO FILL VACANCIES.

IT WAS BROUGHT TO MY ATTENTION THAT THE WAY THE CODE READS IN CERTAIN ASPECTS OF CITY OF NAPLES, IT ACTUALLY REQUIRES AN ELECTION IN 60 DAYS. SUPERVISOR OF OF ELECTION.

MISS BLASER TOLD ME LIKE, GOOD LUCK. IF YOU CALL ME, THAT'LL NEVER HAPPEN.

SHE NEEDS AT LEAST 120 DAYS. SO, AGAIN, BECAUSE WE'RE ALREADY GOING THROUGH THIS SALARY CHANGE, I JUST FIGURED IF WE'RE GOING TO CLEAN UP SOME THINGS AND TAKE IT TO THE VOTERS, WE MIGHT AS WELL DO IT AT ONCE. SO I JUST WANT TO MAKE YOU AWARE OF THAT. I OBVIOUSLY ALL OF THIS WILL HAVE TO COME BEFORE YOU IN AN ORDINANCE FORM. BUT IN CASE YOU SEE SOMETHING, I JUST WANTED TO GIVE YOU GUIDANCE AND SET EXPECTATIONS AS TO WHAT'S GOING TO BE COMING FORWARD. BECAUSE AT A MINIMUM, WHETHER WE MOVE THE ELECTION TIME FRAME OR NOT, I DO THINK WE NEED TO HAVE A REALISTIC DEADLINE FOR A SPECIAL ELECTION THAT THE COUNTY CAN ACTUALLY ASSIST WITH, OR ELSE WE'RE GOING TO BE VIOLATING OUR CHARTER.

SO THEN HB 4005 EVERYONE GOT CITY COUNCIL EMAILS NOW, SO I WILL I WILL MAKE SURE I INCLUDE YOU GUYS IN THE UPDATE. IT DID PASS THE HOUSE 112 TO 1. HASN'T BEEN SET FOR RULES COMMITTEE YET, BUT WE DO HAVE A LOBBYIST INVOLVED.

[05:30:02]

I WILL CONTINUE TO UPDATE YOU ALL. I THINK IT'S IMPORTANT TO JUST LAY OUT A QUICK TIMELINE BECAUSE ESPECIALLY FOR THE NEW COUNCIL MEMBERS, FIRST TIME THIS CAME UP WAS SEPTEMBER 24TH, WHICH WAS RIGHT AFTER THE LOCAL DELEGATION MEETING IN WHICH THIS BILL WAS ADDED PRETTY LATE BUT ADDED TO THE AGENDA AND DISCUSSED AND PASSED UNANIMOUSLY SEPTEMBER 24TH.

COUNCIL AT THE TIME DIRECTED ME TO IDENTIFY APPROPRIATE LEGAL COUNSEL SPECIFICALLY IN THE MOTION, AND INCLUDED JAMIE COLE AND ANDREW BARR, AND ALSO LOOK INTO OBTAINING A LOBBYIST SPECIFIC FOR THE AIRPORT AUTHORITY ACT.

I DID THAT, BROUGHT IT BACK TO THE NEXT MEETING, WHICH WAS OCTOBER 13TH.

CITY COUNCIL THEN DIRECTED ME WORKING WITH THE CITY MANAGER TO HIRE GREG ROBINSON AS OUR AS OUR LOBBYIST FOR THE AIRPORT AUTHORITY ACT, SPECIFICALLY, AND JAMIE COLE, THAT OCCURRED THEN LAST MEETING IN DECEMBER.

I'VE BEEN PROVIDING PERIODIC UPDATES, BUT AGAIN, IN NOT TO REPEAT MYSELF, BUT I MADE IT CLEAR, BASED ON MY CONVERSATIONS AT THAT TIME, THAT A LOCAL BILL WITH UNANIMOUS SUPPORT EVERYTHING.

EVERYONE WAS TELLING ME THAT THIS IS PROBABLY GOING TO PASS.

THEY WERE VERY CLEAR WITH THEIR EXPECTATIONS, RIGHT? BUT COUNCIL STILL WANTED TO HIRE THE LOBBYISTS.

HIRE THE ATTORNEY. SO WE DID THAT DECEMBER 10TH.

THERE WAS A DISCUSSION AT THE VERY END, AND I KNOW IT MAY HAVE NOT BEEN A SCHEDULED AGENDA ITEM, BUT THE AIRPORT, AT LEAST IN MY OPINION, HAS COME UP AT LEAST SIX TIMES OUT OF THE LAST EIGHT MEETINGS.

IT'S SOMETHING THAT REGULARLY COMES UP, USUALLY DURING CORRESPONDENCES, AND WE ALWAYS HAVE CONVERSATIONS ON IT.

SO IT'S DEFINITELY SOMETHING THAT'S BEEN DISCUSSED AT MAJORITY OF THE MEETINGS THAT HAVE OCCURRED.

DIRECTION FROM COUNCIL WAS NO AMENDMENTS. PREPARE THE LETTER.

THERE WAS A LETTER CIRCULATED. I WAS DIRECTED TO SEND IT TO THE LOBBYIST.

I DID SO ON DECEMBER 30TH. WE ARE NOT ENTERTAINING ANY AMENDMENTS.

RIGHT. OUR POSITION AT CITY COUNCIL IS TO DEFEAT THE BILL.

LOBBYISTS CAME BACK. THEY SENT A LETTER, WHICH I CIRCULATED TO COUNCIL SAYING, HEY, AS PART OF THIS PROCESS, SOMETIMES IT'S GOOD TO HAVE, YOU KNOW, WE'RE LOBBYING. SOMETIMES WE CAN MAKE A BAD BILL BETTER.

NO AMENDMENTS. DEFEAT THE BILL. SO, YOU KNOW, I HEARD PUBLIC COMMENT TODAY AND UNFORTUNATELY HE STEPPED OUTSIDE.

BUT I ALSO GOT EMAILS AND I JUST FEEL THE URGE TO ADDRESS IT BECAUSE I AM SOMEONE WITH HIGH INTEGRITY IN MY OPINION, AND MY CHARACTER MATTERS. AND MY NAME DOES TOO, IN MY PROFESSION, YOU KNOW, SUGGESTING IN EMAILS THAT I'M DOING SOMETHING OUT OF THE SUNSHINE OR HAVING THESE NEGOTIATIONS WITH LOBBYISTS THAT COUNCIL DIDN'T DIRECT ME TO DO.

IT'S JUST FLAT OUT NOT TRUE. EVERYTHING I'VE DONE HAS BEEN BASED ON A CONSENSUS THAT I'VE RECEIVED IN PUBLIC.

I HAVE NOT DONE ANYTHING THAT I WAS TOLD NOT TO DO.

THERE ARE TIMES WHERE I DON'T AGREE WITH THE DIRECTION I'M GETTING, BUT I DO IT ANYWAYS. I'M A MAN THAT SPEAKS MY MIND AND DOESN'T MEAN YOU ALWAYS HAVE TO AGREE WITH IT. SO I FELT IT IMPORTANT TO SAY IT BECAUSE I WAS GOING TO LET IT SLIDE ONCE, BUT THEN IT WAS SAID AGAIN IN PUBLIC COMMENT AND I JUST HOLD MYSELF TO A VERY HIGH STANDARD, AND I ACT AT THE PLEASURE OF COUNCIL. SO DOES EVERYONE IN MY FIRM, AND THAT'S WHAT WE'VE DONE.

SO ANY UPDATES I HEARD YOU ALL SAY WHAT YOU SAID.

I WILL ABSOLUTELY CONNECT YOU WITH JAMIE COLE AND WHATEVER ELSE YOU NEED.

EVERYONE HAS MY CELL PHONE NOW. WE'VE TALKED.

AND I WILL MAKE SURE I INCLUDE YOU ON ANY UPDATES FOR LITIGATION AND EVERYTHING ELSE NOW THAT EVERYONE'S HAD A CITY COUNCIL EMAIL.

BUT UNLESS THERE'S ANY QUESTIONS ON 4005 SPECIFICALLY, THEN THAT WAS REALLY ALL I WANTED TO ADD.

MAYOR. OKAY. KRAMER AND THEN SCHULTZ. MATTHEW, FOR CONTEXT, I HAVE A QUESTION BECAUSE IT CAME UP IN PUBLIC COMMENT AS WELL. REGARDING THE ORDINANCE THAT WAS BEING WRITTEN THAT CORRECT ME IF I'M WRONG THE WAY THAT CAME ABOUT, YOUR ORIGINAL, YOUR ORIGINAL, OUR ORIGINAL INTENT, THIS BODY WAS TO GET OUR COMPREHENSIVE PLAN IN LINE WITH WHAT WE WERE ASKING THE AIRPORT TO DO AND WHAT THE AIRPORT WAS PRODUCING IN THEIR UTILIZATION PLAN.

IS THAT GENERALLY CORRECT A LOT MORE? YEAH, IT WAS A LOT MORE INVOLVED THAN THAT, I WOULD SAY.

MAY I TAKE A STAB AT CHARACTERIZING IT, PLEASE? THIS IS FOR THE NEW FOLKS. YEAH. NAPLES JET CENTER.

WE'LL JUST SAY IT SPIRALED THIS WHOLE DISCUSSION AND TOPIC OVER, LIKE 4 OR 5 MEETINGS.

WAS IT ON THE UTILIZATION PLAN? WAS IT NOT? I MET WITH MEMBERS OF CITIZENS.

I MET WITH THE MAYOR I MET WITH. I MEAN, I MEAN, WE COUNTLESS MEETINGS, WE'RE POINTING OUT THINGS.

THIS WAS NOT HERE, THIS WAS THERE, THIS WAS NOT HERE, THIS WAS THERE. SO THEN COUNCIL DIRECTS US TO WRITE AN OPINION ON WHAT EXACTLY DOES OUR

[05:35:04]

SO I THINK IT'S CLEAR I STAND BEHIND THAT OPINION.

HOWEVER, THE NOMENCLATURE OF HOW THESE PLANS ARE CHARACTERIZED IS NOT CONSISTENT.

PEOPLE HAVE PERIODICALLY CHANGED CODES WITHOUT GOING BACK AND CLARIFYING THE THE WAY THAT THINGS WERE REFERRED TO PRIOR, WHICH CAUSES CONFUSION. SO AS WE PUT TOGETHER A QUICK RESOLUTION TO GET US THROUGH SUMMER BREAK, THEN WE RESCINDED BECAUSE OF THE THREAT OF LITIGATION. AND THEN THE INTENT WAS TO REALLY TO JUST CLARIFY WHAT WE BELIEVE IS ALREADY IN THE PROCESS OR ALREADY IN THE COMP PLAN AND LAND DEVELOPMENT CODE. HOWEVER, THIS IS ANOTHER GOOD EXAMPLE OF US DOING EXACTLY WHAT COUNCIL WANTS.

IF COUNCIL JUST WANTS US TO PROPOSE DEFINITIONS, I HAVE NO PROBLEM DOING THAT BECAUSE I STAND BY THE OPINION THAT WE DRAFTED A YEAR AGO.

THAT'S EXACTLY WHAT I WAS GETTING AT THAT IN MY VIEW, THIS THING STARTED WITH JUST THAT WITH WE DON'T WANT CLIP ART.

LIKE LET'S BE MORE SPECIFIC, RIGHT? CORRECT. AND AND THEN THAT, THAT SNOWBALL GOT ROLLING AND GOT REALLY BIG ALL OF A SUDDEN.

SO WITH THAT, I JUST WANTED THAT BACKGROUND OUT THERE.

AND AND THEN, OF COURSE, THE THE BILL WAS PUT FORWARD IN THE DELEGATION, UNANIMOUSLY APPROVED.

AND SO THAT KIND OF CONNECTS THE DOTS OF HOW WHICH THAT WHOLE SNOWBALL WAS THE IMPETUS FOR THE BILL, IN MY VIEW. OKAY. THANKS FOR THAT. THANKS FOR THAT CLARIFICATION.

NO PROBLEM. AND I DO THINK AND I'LL BRING IT UP MARCH 14TH.

I MEAN, HONESTLY, WE COULD ADD THE AIRPORT STUFF TO MARCH 4TH.

I THINK THE SOONER THE BETTER. WE DO HAVE A NEW COUNCIL.

I'M NOT HERE TO JUST DO WORK TO DO IT. I'M HERE TO DO WORK THAT YOU ALL WANT ME TO DO.

IF YOU DON'T WANT TO PUSH FORWARD THE ORDINANCE AND YOU'D RATHER JUST DO A SIMPLIFIED I MEAN, AGAIN, THAT'S COMPLETELY FINE. BUT IF IT'S OKAY WITH YOU, I'M JUST GOING TO STOP WORK ON IT FOR RIGHT NOW UNTIL WE CAN HAVE A DISCUSSION WITH THE NEW COUNCIL SO THAT I'M NOT WASTING TIME. I'M STILL GOING TO GO TO THE NA MEETING TOMORROW, BECAUSE LAST TIME THAT MEETING OCCURRED, I WAS NOT INVITED AND MY NAME WAS SAID A LOT AND I PREFER TO SPEAK FOR MYSELF IF I'M GOING TO BE TALKED ABOUT.

BUT IF THAT'S OKAY WITH YOU, I MEAN, WE COULD BRING IT THE FOURTH. WE CAN BRING IT THE 18TH, WE CAN JUST ADD IT AS A DISCUSSION ITEM. I CAN PRESENT THE ORDINANCE NOT AT FIRST READING, BUT I DO THINK WE SHOULD MAKE A DECISION SOONER THAN LATER SO THAT ALL OF THE OTHER THINGS THAT ARE HAPPENING.

RIGHT? EDITS FROM KIRSCH AND ALL THESE ORGANIZATIONS, IF WE'RE GOING TO DO SOMETHING MORE SIMPLISTIC, THEN WE SHOULD PROBABLY MAKE A DECISION ON THAT. SO.

I JUST WANT TO COMMENT ON THAT. I, I DON'T WANT YOU TO FOCUS IN ON DEFINITIONS, BECAUSE THE DEFINITIONS PART OF THAT ORDINANCE WAS CONCERNING TO ME, AND I THINK IT WAS TO KIRSCH ALSO. BUT I DIDN'T GET THE FULL LETTER FROM KIRSCH.

AND I THINK IT'S CALLED YOU, COACH. COUNCIL MEMBER KRAMER SAID.

YOU KNOW, IT WAS ABOUT CLARIFYING WHAT THAT UTILIZATION PLAN WOULD LOOK LIKE.

BUT IT WAS ALSO CLARIFYING, LIKE YOU SAID, MR. MCCONNELL, WHAT WAS IN THE COMP PLAN AND WHAT WAS IN THE CODE THAT DETERMINED HOW A SITE PLAN WOULD BE APPROVED? AND I'M NOT I MEAN, WE NEED TO HAVE THAT CONVERSATION.

AND CLARITY ON MR. YOUNG IS VERY CLEAR. HE HAS STATED IT.

AND IF I'M WRONG, PLEASE CORRECT ME THAT ALL APPROVALS WILL COME TO COUNCIL.

AND SO DO WE NEED TO REFINE THAT MORE? I DON'T THINK WE CAN DECIDE THAT RIGHT NOW, BUT I, I THINK IT WAS AS SIMPLE AS THAT. AND. IF YOU'RE GOING TO.

SO I SHE ASKED YOU. YEAH. SO? SO THE MEMO. I ONLY HAVE MY ATTORNEY, AND I HAVE A CITY ATTORNEY, AND MY ATTORNEY DOESN'T DEFEND ME OR STAFF AS CITY MANAGER.

SO? SO I SAY THAT BECAUSE THE MOMENT THE MEMO CAME OUT, ANY PROCESS, WHETHER A SITE PLAN 20 YEARS AGO, IT DIDN'T MATTER IF IT WAS ACCEPTABLE, THEN ANY NEW ONE FROM THE MEMO SAID IT CONTRADICTED IT DIDN'T COMPLY WITH THE CHARTER. SO THAT WOULD MEAN THAT ANY SITE PLAN, EVEN IF DEPICTED IN THE UTILIZATION AND SITE PLAN, BECAUSE REMEMBER, THEY WERE ONE IN THE SAME FOR PURPOSES FOR A LONG PERIOD.

I THINK IT MANDATES THAT I MUST THEN SEND IT NOW THAT WILL COME IN NO MATTER WHAT FALL PROBABLY IN MR. MCCONNELL'S, BECAUSE SOMETHING MAY OR MAY NOT HAVE HAD TO COME BEFORE.

[05:40:03]

THAT'S MY OPINION ON THE MATTER. BECAUSE I THINK IT SETS THE CASE FOR WE WOULD BE DOING SOMETHING CONTRARY TO THE MEMO FROM THE MOMENT THE MEMO WAS WRITTEN, AND I WOULD NEVER DO THAT. SO JUST TO CLARIFY MY POINT, IF I MAY, MAYOR, I DO THINK A GOOD STARTING PLACE IS PROBABLY TO DISCUSS THE MEMO AND LAY OUT WHAT THE MEMO ACTUALLY SAYS SO THAT WE'RE ALL ON THE SAME PAGE WITH WHAT THE MEMO ACTUALLY SAID.

MEMO OR LEGAL OPINION? THE LEGAL OPINION. MEMORANDUM OF LAW.

YEAH. CORRECT. THE MAY 19TH LETTER FROM OUR OFFICE.

THAT MAY BE A GOOD STARTING PLACE SO THAT WE COULD JUST SAY THIS IS WHAT WE MEANT.

THIS IS WHAT THE PROCESS SHOULD BE. AND IF YOU'RE OKAY WITH IT, THEN MAYBE WE CHANGE NOTHING.

AND IF YOU'RE NOT, THEN MAYBE WE CHANGE SOMETHING. CAN YOU SEND IT TO US? OH, ABSOLUTELY. I CAN SEND YOU A COPY OF IT. OKAY.

YEAH. THANK YOU. NO PROBLEM. THANK YOU. MIGHT AS WELL SEND IT TO ALL OF US.

OKAY. NO PROBLEM. I'M SURE I'VE GOT IT SOMEWHERE. NO, I'LL SEND IT TO EVERYONE.

I'LL ALSO SEND THE LAST VERSION OF THE ORDINANCE. AND THEN MY LAST COMMENT, IF THERE'S NO FURTHER QUESTIONS, IS. I LOOK FORWARD TO WORKING WITH YOU ALL. THIS IS AN EXCITING TIME.

AS YOU KNOW, I'M AVAILABLE. YEAH. WHENEVER YOU WANT TO TALK ABOUT THINGS.

I'M LOOKING FORWARD TO BUILDING NEW RELATIONSHIPS. SOME OF YOU I'VE WORKED WITH ON OTHER BOARDS, OTHERS I WAS ACTUALLY ON THE OTHER SIDE REPRESENTING CLIENT CITIZENS WHEN YOU WERE UP HERE. SO IT'S NICE TO WORK ON THE SAME SIDE.

BUT I REALLY LOOK FORWARD TO WORKING WITH YOU ALL. SO HAPPY YOU GUYS ARE HERE AND HAPPY TO TO WORK TOGETHER AND DO SOME GOOD THINGS FOR NAPLES.

THANK YOU, MR. YOUNG. WELL, SO I'LL TRY TO BE BRIEF.

I WAS GOING TO TRY TO DO THIS ON MARCH 4TH, BUT I THINK THAT I WANT TO MAKE SURE EVERYONE'S HERE.

AND SO AND THAT WE HAVE HAVE AN OPPORTUNITY TO DO THIS.

FIRST OF ALL, AS I'VE STATED TO YOU, SOME THAT WAS ON COUNCIL BEFORE AND SOME THAT HAVE BEEN HERE, YOU'RE MY COUNCIL I COME I'VE BEEN DOING THIS NOW FOR 40 YEARS, AND BEFORE I WAS YOUR CITY MANAGER, I'D STILL GET UP AND SAY, ADDRESS YOU AS MY COUNCIL.

AND THAT'S BECAUSE I'VE ALWAYS WORKED DIRECTLY WITH ELECTED OFFICIALS, AND IT WAS MY RESPONSIBILITY TO BE ACCOUNTABLE TO THEM AND TO HOLD ANY STAFF THAT WORKED FOR ME ACCOUNTABLE. BUT IN THAT A YEAR AGO, WITH ROUGHLY 15 OR 20 DAYS NOTICE YOU PUT YOUR TRUST IN ME AND SAID THAT YOU WANTED ME TO BE YOUR CITY MANAGER.

SO IT'S A NEW COUNCIL. YOU'RE MY ELECTED OFFICIALS.

AND HERE'S YOUR GET OUT OF JAIL FREE CARD. DO I NEED TO KNOW THAT YOU WANT ME TO CONTINUE IN THAT CAPACITY REGARDLESS OF THE LANGUAGE IN MY CONTRACT. WHAT I MEAN BY THAT IS I'M NOT. THIS ISN'T ABOUT A SEVERANCE.

THIS IS ABOUT ANYTHING. THIS IS ABOUT ME LOOKING MY ELECTED OFFICIALS, ME AS YOUR TOP ADMINISTRATOR.

SAY, DO YOU WANT ME TO CONTINUE AS YOUR CITY MANAGER? OR WOULD YOU RATHER TAKE IT IN ANOTHER DIRECTION AND BEGIN A PROCESS OF FINDING ONE? BECAUSE I DON'T EVER WANT TO BE IN A POSITION TO WHERE A NEW COUNCIL IS BROUGHT IN, HASN'T BEEN AFFORDED THE OPPORTUNITY TO HAVE THAT CONVERSATION WITH ME. AND I JUST FELT IT WAS APPROPRIATE TO BECAUSE I HAVE DECISIONS TO MAKE.

IN THE FIRST YEAR, I LAID OUT AN AGENDA THAT SET THE STAGE FOR WHAT I THOUGHT I WAS INHERITING.

THE NEXT ONE IS MAKING SURE THAT I PROVIDE SHOULD I CONTINUE A LEADERSHIP TEAM THAT PUTS YOU IN POSITION TO BE SUCCESSFUL LONG AFTER MY DEPARTURE? AND WITH THAT COMES DECISIONS. AND I NEED TO MAKE SURE THAT YOU WANT ME IN THAT SEAT.

MAKING THAT DECISION FOR YOU. OTHERWISE, I WOULD BE A FACILITATOR FOR YOU.

IF IT TOOK 12 MONTHS OR 18 MONTHS, I WOULD BE HERE TO DO THAT FOR YOU.

BUT I NEED I REALLY NEEDED TO HAVE THIS DISCUSSION WITH MY ELECTED OFFICIALS AND SAY, DO YOU WANT ME TO CONTINUE IN THIS CAPACITY? WELL I'LL START. I ABSOLUTELY YOU HAVE MY SUPPORT.

I, I DO HOPE, THOUGH IF THERE IS A TIME WHEN YOU KNOW THAT YOU'RE LEAVING, THAT WE HAVE A STAFF THAT IS ORGANIZED AND WHAT YOUR GOALS HAVE BEEN ARE IN PLACE, AND WE DON'T HAVE THAT ONE MONTH YOU'RE LEAVING, WHICH I DON'T THINK YOU WOULD EVER DO TO US.

AND SO THAT WE CAN HAVE TRANSITION BECAUSE I THINK THAT'S VITAL TO THAT.

SO THAT'S MY OPINION. TOTALLY AGREE. WE NEED A CONSENSUS.

[05:45:01]

I'M GLAD YOU'RE HERE. AND FRANKLY, I'LL TAKE THIS A VERY BRIEF MOMENT TO.

TO PAT MYSELF ON THE BACK. AND THOSE COUNCIL MEMBERS THAT ARE STILL HERE FOR FOR BRINGING YOU ON WHEN THE TIME CAME.

SO WE'RE WE WERE VERY LUCKY TO HAVE YOU IN A POSITION TO TAKE OVER WHEN YOU DID.

AND YOU'VE DONE AN OUTSTANDING JOB. AND I I'M THRILLED THAT YOU'RE HERE AND THE CAPACITY TO CONTINUE, CONTINUE IN YOUR CONTINUE IN YOUR CAPACITY. SO THANK YOU.

IF I MAY I'D LIKE TO PAT BYRNE ON THE BACK AS WELL.

GREAT JOB BRINGING GARY ALONG. GARY. YOU KNOW THAT YOU'RE THE BEST IN THE BUSINESS AND WE'RE GRATEFUL TO HAVE YOU.

YEAH, YEAH. YES. I'M GLAD YOU'RE HERE TOO. AND VERY SUPPORTIVE OF YOU STAYING AND HELPING US GET ALL THIS STUFF DONE.

GARY, WE'VE HAD A PANOPLY OF CITY MANAGER. WE'VE HAD A PANOPLY OF CITY MANAGERS OVER THE LAST 18 TO 20 YEARS. SO WE CERTAINLY HAVE SEEN CITY MANAGERS, YOU KNOW, VARY RATHER GREATLY.

MY SENSE WAS UNDER SOME THAT I WORKED THAT THEY WERE THE CITY MANAGER, BUT SOMEHOW OR OTHER THEY WERE DETACHED.

AND YOU DON'T FEEL THAT WAY. THIS THIS CITY MEANS A GREAT DEAL TO YOU.

YOU ARE OUR CITY MANAGER, AND I THINK YOU'VE I THOUGHT YOU ADAPTED VERY QUICKLY, VERY WELL.

YOU HAVE A GREAT MANAGEMENT STYLE. AND THERE ARE NO BAD IDEAS.

AND I THINK YOU'VE DONE A TERRIFIC JOB. I WOULD IT'S GOING TO BE DIFFICULT TO REPLACE YOU, SIR. SO, PLEASE, I WOULD HOPE YOU'D STAY. I KNOW THAT THE PRIOR COUNCIL. PRIOR COUNCIL MAY HAVE BEEN.

KILL THE BILL. KILL THE BILL, KILL THE BILL. BUT WE MUST BE REALISTIC.

I NEVER ONCE BOUGHT A STOCK OR BOND, A SECURITY THAT I THOUGHT WAS GOING TO GO DOWN.

BUT YET ON OCCASION IT HAPPENED. AND ALL ABOUT THE ART OF THE DOABLE.

WHAT CAN YOU DO IF IT PASSED UNANIMOUSLY? SAVE ONE VOTE IN THE HOUSE.

THE ABILITY TO DO WHAT'S CALLED A CARVE OUT AS IT GOES TO THE SENATE, AND THEN BACK TO CONFERENCE COMMITTEE, IF WE'RE FORTUNATE, CARVE OUT CITIES THAT ARE ON A COAST THAT HAVE PROPERTY IN EXCESS OF 50, $55 BILLION, AND THE BILL WOULD APPLY TO EVERY OTHER MUNICIPALITY, BUT THAT THE ONLY WAY I CAN SEE LEGISLATIVELY TO TRY TO GET DONE WHAT WE WANT TO GET DONE HERE IS TO BE REALISTIC ABOUT THOSE NUMBERS IN FRONT OF US.

I MEAN, A UNANIMOUS VERDICT IN THE HOUSE IS UNANIMOUS.

THE SENATE AND THIS IS BEFORE I WAS ON HERE, I HAD CONVERSATIONS WITH MANY FOLKS.

THEY SAID THE CARVE OUT IDEA IS IDEAS WHEN WE CAN. WE CAN PLAY BALL WITH WE CAN ACTUALLY WE MIGHT BE ABLE TO PULL THAT ONE. AND SO THESE WERE CONVERSATIONS AS A PRIVATE CITIZEN THAT I HAD WITH ELECTED OFFICIALS. AND I WAS SAYING, LET'S HOW WOULD WE BE ABLE TO MASSAGE THIS.

AND THEY SAY THERE'S AN ABILITY POSSIBLE THERE TO GET A DEAL DONE THAT SEGREGATE.

IT WOULDN'T APPLY TO US. SO THAT'S MY THOUGHT ABOUT THE BILL SEPARATE ISSUE THAN WHAT WE WERE DISCUSSING.

BUT I THINK YOU COULD HAVE THAT CONVERSATION WITH MR. MCCONNELL. BUT AS FAR AS SUPPORT OF THE CITY MANAGER, WHICH IS CAME UP AFTER I PRESSED, I WANTED TO SAY SOMETHING.

OKAY. CARRY WITH YOU. GOOD. WE'RE GOOD. AND I'LL JUST.

PARAKEET. WHAT? OUR MEETING WAS GARY WHEN WE MET.

I SUCH A GOOD FEELING WITH YOU. I MEAN, I THINK YOU'RE TREMENDOUS.

AND I'M IN 100% SUPPORT OF YOU, REVIEW. AND I'M HAPPY YOU'RE HERE, AND I'LL SAY THAT.

AND I JUST WANT TO SAY I THANK YOU ALL FOR THAT.

IT WAS JUST IMPORTANT TO ME. I IN THE SENSES THAT YOU HAD AN OPPORTUNITY TO MAKE A DECISION REGARDLESS OF ANY LANGUAGE.

THIS WAS ABOUT A PERSONAL DECISION, MY PERSONAL COMMITMENT TO YOU AND AND YOU TO ME TO MOVE OUR BALL, THE BALL FORWARD TOGETHER FOR OUR RESIDENTS. AND AND I JUST WANT TO SAY THANK YOU FOR INDULGING ME FOR THAT.

BUT THAT'S AN IMPORTANT STEP IN MY PROCESS OF OF MAKING DECISIONS ON YOUR BEHALF.

SO THANK YOU. WELL, IT DOESN'T ELIMINATE YOU HAVE TOUGH DECISIONS STILL TO MAKE EVERY DAY, ALL DAY. I CALL IT THE WHACK A MOLE SITUATION.

YOU THINK THIS IS YOUR PRIORITY. AND THE NEXT THING THIS IS DIRECTING YOU IN A DIFFERENT DIRECTION.

AND I CAN SEE HOW HOW IT CAN BE FRUSTRATING FOR YOU AS IT IS FOR US WHEN WE THINK THAT THIS IS THE PRIORITY AND IT SEEMS TO NOT MAKE IT TO THE TOP.

BUT I THINK YOUR DISCERNMENT AND THE BIG DECISIONS THAT YOU HAVE TO MAKE, YOU HAVE OUR TRUST AND FAITH.

THANK YOU. WAS. ARE YOU COMPLETE? YES, MA'AM.

OKAY, WELL, WITH THAT TODAY WOULD HAVE BEEN MY FATHER'S BIRTHDAY.

[05:50:03]

AND I WASN'T SURE, EVEN THOUGH I HAD SUPPORT AND GREAT CANDIDATES THAT WOULD FOLLOW.

I WASN'T SURE THAT I EMOTIONALLY WAS READY FOR THIS.

BUT I HEARD MY FATHER SAY WINNERS ARE QUITTERS ARE WINNERS DON'T QUIT, AND QUITTERS DON'T WIN. SO AS FAR AS I'M CONCERNED, WE'VE GOT A GREAT TEAM.

WE HAVE A LOT OF WORK TO DO, AND WE'RE GOING TO WIN.

SO THANK YOU. AND WITH THAT, WE'RE ADJOURNED.

* This transcript was compiled from uncorrected Closed Captioning.