[7.B) A Resolution for the Purpose of Amending the City of Naples Designated Street Tree Program Approved by Resolution 2025-15640; Repealing Resolution 2025-15640; and Providing an Effective Date. ]

PASSES UNANIMOUSLY. THANK YOU. AND WE'LL MOVE TO SEVEN B. HEATHER SHIELDS IS HERE AND SO IS MR. MERRITT. GOOD MORNING. HEATHER SHIELDS, URBAN FOREST MANAGER WITH THE CITY OF NAPLES.

FOR THE RECORD, THANKS FOR THE OPPORTUNITY. I YOU KNOW ME, I ALWAYS LOVE TALKING ABOUT TREES AND I HAVE ALL DAY. SO THE DESIGNATED STREET TREE PROGRAM THAT THE CITY OF NAPLES HAS IS IS PRETTY SPECIAL AND IT'S PRETTY UNIQUE AROUND THE STATE AND IN DIFFERENT COMMUNITIES.

AND I THINK IT'S ACTUALLY ONE OF THE THINGS THAT MAKES OUR COMMUNITY VERY COMMUNITY ORIENTED, TURNING DOWN SOME OF OUR STREETS AND SEEING THEM LINED WITH BEAUTIFUL ROYAL POINCIANAS IN BLOOM IS JUST BREATHTAKING, IN MY HUMBLE OPINION. BUT WE DO HAVE THE STREET TREE PROGRAM AND THE WAY IT IS SET UP, OBVIOUSLY, AS I STATED, IS EACH TREE HAS A DESIGNATED SPECIES. OF COURSE, THERE'S ALWAYS A FEW EXCEPTIONS, AND WE WORK VERY CLOSELY WITH THE HOMEOWNERS ASSOCIATIONS AND THE RESIDENTS ON THOSE STREETS FOR THE SELECTION OF THE TREES IN TERMS OF WHAT'S BEST FOR THE AREA, POWER LINES, UTILITIES, WE HAVE A LOT OF DIFFERENT THINGS TO TAKE INTO PLACE. THE APPROVAL TODAY THAT'S IN FRONT OF YOU IS FOR UP ON SEAGATE DRIVE. SEAGATE DRIVE HAS CUBAN LAUREL TREES CURRENTLY, AND AFTER HURRICANE WILMA, THE CITY MADE THE DECISION TO NO LONGER PLANT THOSE DUE TO THE DAMAGES THAT THEY CAUSED. THEY'RE ALSO AN INVASIVE SPECIES, SO IT'S A GOOD IDEA FOR US TO ACTIVELY TRY TO REDUCE THE INVASIVE SPECIES THAT WE MAY HAVE AFTER HURRICANE WILMA, THEY COLLECTIVELY DECIDED THAT LIVE OAKS WOULD REPLACE THOSE. AND IN WORKING WITH THE SEAGATE COMMUNITY, THEY REALLY DIDN'T WANT THE LIVE OAKS. SO WORKING THROUGH THEM, WE DECIDED THAT THEY WOULD LIKE TO CHANGE IT TO THE SHADY LADY BLACK OLIVE, WHICH IS ACTUALLY ONE OF MY MORE FAVORITE TREES. IF IT'S NOT A SPECIES Y'ALL ARE FAMILIAR WITH, THOSE ARE THE ONES THAT ARE ACTUALLY RIGHT OUT HERE ON CITY HALL ALONG SEVENTH AVENUE. THOSE ARE THE SHADY LADY TREES. IT'S REALLY GREAT SPECIES. SO WE TYPICALLY BRING THIS TO YOU EVERY YEAR ABOUT THIS TIME AS WE CONTINUE TO WORK WITH OUR RESIDENTS TO GET MORE CANOPY, TO REDUCE THE PALMS. AND ALSO JUST A SITUATION LIKE THIS WHERE THE THE NEIGHBORHOOD WOULD PREFER SOMETHING OTHER THAN WHAT THEY CURRENTLY HAD. SO YOU SEE ME ANNUALLY WITH THIS, AND I WOULD RESPECTFULLY REQUEST YOUR APPROVAL OF THIS CHANGE. AND I'M HAPPY TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE ON OUR OUR STREET TREES, OUR, OUR URBAN FOREST IN GENERAL. THANK YOU. OH, LET'S SEE, I HAVE COUNCILMEMBER SCHULTZ. I LIVE ON SEAGATE DRIVE AND I'M TRYING TO PICTURE WHERE THEY ARE. GOT THOSE BANYAN TREES ON THE SOUTH SIDE OF THE ROAD THAT ARE JUST STUNNING, BUT GOT SORT OF BEAT THE HECK BY FPL. THE GIANT V IN THE MIDDLE OF THEM. WHICH WHICH TREES ARE YOU SPEAKING TO? THE ONES THAT WOULD BE ON THE NORTH SIDE OF SEAGATE DRIVE, HEADING WEST WESTBOUND. YES SIR. WE RECENTLY REMOVED SIX LARGE FICUS TREES THAT WERE GONE. I WANT TO SAY IT'S RIGHT THERE AT SEA SHELL. I KNOW IT'S MRS. DYKEMAN'S PROPERTY. I DON'T REMEMBER HER EXACT ADDRESS. AND THEN WE WORKED WITH CATHERINE AND SUSAN DEVOE UP THERE AND. AND, YOU KNOW, SOME POLLING AND STUFF THAT THEY'VE DONE. SO THAT THAT AREA RIGHT IN THERE IS GETTING THREE. AND THEN ACTUALLY WE'RE GOING TO BE TAKING A WALK. MRS. DYKEMAN, MRS. DEVOE AND CATHERINE NEXT WEEK TO LOOK AND SEE IF THERE'S ANY OTHER VACANT LOCATIONS. AND IT WOULD BE MORE ALONG THAT NORTH SIDE. WE DO HAVE THAT LINEAR PARK SECTION THAT YOU'RE REFERRING TO THAT WE WILL NEED TO HAVE A BIGGER CONVERSATION ON, BECAUSE WE ACTUALLY DO HAVE SEVERAL LOCATIONS THAT WERE LOST OVER THE YEARS, AND WE ACTUALLY DO HAVE ANOTHER LARGE FICUS TREE THAT WE ARE GOING TO POTENTIALLY HAVE TO SCHEDULE FOR REMOVAL HERE LATER THIS SUMMER BECAUSE OF THE AMOUNT OF DEAD WOOD AND DECAY. SO, JIM HODGDON, MY SUPERVISOR, CHAD AND MYSELF, WE ARE AWARE THAT WE DO HAVE SOME ADDITIONAL DISCUSSIONS TO HAVE ON THAT LOCATION. SO THAT AREA. THANK YOU. WHEN YOU'RE GOING TO DO THAT, WOULD YOU PROVIDE ME THE DATE? I'D LIKE TO JOIN YOU FOR THE WALK. YES, MA'AM. OH YES SIR. I WILL EMAIL IT OVER TO YOU. I BELIEVE IT'S NEXT THURSDAY AT 10:00, BUT I'LL CONFIRM THAT FOR YOU. YES, SIR. THANK YOU. WHAT WERE THE TREES THAT WERE TAKEN OUT AT THE. I DON'T KNOW WHAT YOU CALL THE THE DEAD END OR SO OF THE CANAL

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RIGHT ON SEAGATE THAT ENDED THE SEAGATE WERE THE GIANT HOMES BEING BUILT AND EVERYTHING'S JUST GONE THERE NOW. AND THERE WAS 1 OR 2 TREES REMOVED FROM THERE. WERE THOSE THE PROBLEM CHILDREN THAT YOU WERE JUST SPEAKING TO THAT THEIR DIE OFF OF THE OF THE I BELIEVE WE ARE REFERRING TO THE SAME LOCATION, SIR. BUT YES, IF YOU ARE ABLE TO JOIN US NEXT WEEK, WE CAN CONFIRM THAT AND MAKE SURE THAT THE SITE YOU'RE REFERRING TO, IF IT'S VIABLE, CAN HAVE A NEW LOCATION, A NEW TREE PLANTED. GREAT. THANK YOU. JUST SENDING THAT ALONG. THANK YOU. OKAY. I WILL THANK YOU. COUNCIL. HEATHER. THANK YOU. TELL ME HOW THE BLACK OLIVE RESPONDS TO SALT WATER. IT WILL DO JUST FINE IN THE. IT HAS A A MEDIUM TO HIGH SALT TOLERANCE. SO THEY WILL BE VERY. THEY. AND THEY DID PERFORM VERY WELL ALSO THROUGH OUR RECENT HURRICANE BATCHES. SO. AND THE BIG PICTURE, THEY'LL DO WELL. OBVIOUSLY, THERE'S ALWAYS A CHANCE THAT ANY INDIVIDUAL GIVEN TREE WOULDN'T. BUT THE SHADY LADIES HAVE RESPONDED VERY WELL IN THE PAST. VERY WELL. THANK YOU FOR THAT QUESTION. YEAH. THANK YOU. GOOD QUESTION, VICE MAYOR. THANK YOU. I JUST WANT TO TAKE THE OPPORTUNITY TO THANK YOU AND THE TEAM FOR THE WORK YOU DO IN MANAGING AND TAKING CARE OF OUR TREES. IT'S ONE OF THE THINGS THAT MAKES NAPLES SO BEAUTIFUL AND SPECIAL. AND I ALSO APPRECIATE THE WAY YOU WORK WITH THE NEIGHBORHOODS AND RESIDENTS TO GET THEIR INPUT ON THEIR PREFERRED TREES, AND THAT SOMETIMES YOU EXPERIMENT WITH STREET TREES AND IF THEY DON'T WORK OUT, THAT'S OKAY. YOU MAKE CHANGES TO SOMETHING THAT WORKS BETTER. THAT'S THAT'S APPRECIATED. AND I ALSO WANT TO TAKE THE OPPORTUNITY TO THANK STAFF FOR PURSUING THE UNDERGROUNDING PROJECT IN SEAGATE OVER THE LAST. SEEMS LIKE TEN YEARS. TO FINALLY GET THAT DONE, GET THOSE POLES AND LINES REMOVED. IT'S GOING TO MAKE A HUGE DIFFERENCE LONG TERM. AND A LOT OF PEOPLE, INCLUDING OUR CITY MANAGER, WERE INVOLVED IN MAKING THAT HAPPEN, AND IT'S REALLY APPRECIATED A QUESTION ON THOSE. SO THE BANYANS OR FICUS TREES THAT ARE LEFT THAT HAVE THE BIG V OR Y SHAPE FROM FORNALS, TERRIBLE ACTIONS. IS THERE ANYTHING YOU CAN DO TO PROMOTE REGROWTH AND SAVING THOSE TREES, EXTRA FERTILIZER OR OR PRUNING IN A CERTAIN WAY? ANYTHING WE CAN DO TO TRY TO PROTECT BECAUSE THEY ARE BEAUTIFUL, THEY'RE BIG, THEY'RE VERY MATURE, AND IT'D BE NICE TO SAVE THEM IF WE CAN. OUR ACTIONS ARE DEFINITELY GOING TO BE TOWARDS SAVING THEM AND KEEPING AS MANY OF THEM AS POSSIBLE. IN TERMS OF FERTILIZERS AND STUFF, THEY ARE VERY OLD, MATURE TREES AND THEIR RESPONSE TO FERTILIZERS AND THINGS LIKE THAT ARE NOT TYPICALLY IN THEIR BEST INTEREST, BECAUSE IT'S ALMOST JUST LIKE GIVING THEM A FIVE HOUR ENERGY DRINK. IT'S GOING TO BE GREAT FOR A MONTH, AND THEN IT'S GOING TO BE RIGHT BACK TO WHERE WE ARE. BUT WE WILL START. AND WE HAVE ACTUALLY, IN THE PAST DONE DIRECTIONAL PRUNING TO TRY TO HELP GET THE NEW GROWTH TO GO IN CERTAIN DIRECTIONS. WE ACTUALLY JUST HAD DAVEY TREE UP THERE LITERALLY YESTERDAY, REMOVING SOME DEAD AND MAKING A FEW CUTS HERE AND THERE TO START THE PROCESS. NOW THAT THE POLES AND EVERYTHING ARE COMPLETELY GONE, TO START GETTING THEM TO FILL IN THERE IN THE MIDDLE, IT'LL BE A LONG, SLOW PROCESS BECAUSE WE DIDN'T GET TO WHERE WE ARE WITH ONE PRUNING, BUT IT WILL BE OUR GOAL TO BEGIN TO DEVELOP SOME CENTER BRANCHING AND HOPEFULLY WITHIN THE NEXT 3 TO 5 YEARS, WE'LL BE ABLE TO START FILLING IN THAT THAT HOLE WITH SOME GOOD, GOOD GROWTH. GREAT. THANK YOU. I JUST WANT TO ALSO THANK YOU BECAUSE THE TREE PROGRAM IS DEFINITELY WHAT I THINK MAKES US HAVE THAT SMALL TOWN CHARM. COULD YOU JUST UPDATE US ON THE DID I HEAR CORRECTLY THAT ROYAL POINCIANAS ARE AN INVASIVE AND. NO, NO MA'AM. ROYAL POINT SANDS ARE NOT AN INVASIVE SPECIES. NO. OH GOSH, NO, I MISUNDERSTOOD. THAT'S GREAT. THAT'S. I'M GLAD THAT WAS A MISUNDERSTANDING BECAUSE THAT WOULD BE DEVASTATING TO US. YEAH. THE THE CUBAN LAUREL IS A CLASS ONE INVASIVE, EXOTIC. THAT'S WHAT WE REFER TO AS THE FICUS AND THE BANYAN DOWN THROUGH HERE. WE HAVE A FEW OTHER SPECIES, BUT MOST OF OUR FICUS TREES ARE CUBAN LAURELS, WHICH ARE THE INVASIVE, EXOTIC. GREAT. THANK YOU. AND THEN PALM TREES. DID WE PUT A POLICY IN PLACE THAT WE WERE NOT GOING TO DO THE COCONUT TREES? NO, MA'AM. WE

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HAVE NO POLICIES THAT FORBID US FROM DOING ANY OF THAT TYPE OF STUFF. IT'S JUST KIND OF AN ACTIVE THING WE'RE TRYING TO WORK TOWARDS, OBVIOUSLY IS MORE SHADE, BUT WE DO REPLACE THE ROYAL PALMS, THE COCONUT PALMS. WE ARE ACTIVELY MANAGING THEIR QUANTITIES BECAUSE WE DO HAVE A LARGE AMOUNT OF ROYAL PALMS AND COCONUT PALMS. AND WHEN I SAY LARGE AMOUNT, ROYALS ARE ABOUT 27% OF OUR URBAN FOREST AND THE COCONUTS ARE AT ABOUT 18. URBAN FOREST MANAGEMENT 101 SAYS YOU SHOULDN'T HAVE ANYTHING OVER 10%. SO WE ARE TRYING TO SEE IF WE CAN ACTIVELY REDUCE THOSE NUMBERS. BUT IN NAPLES, WE'RE ALWAYS GOING TO HAVE A PLACE FOR COCONUTS AND ROYAL PALMS, BECAUSE THAT IS WHAT A LOT OF OUR RESIDENTS AND VISITORS WANT. BUT WE ARE ALSO TRYING TO BE STRATEGIC ABOUT WHERE THEY ARE PLACED IN TERMS OF THEIR MAINTENANCE AND, YOU KNOW, THEIR SURVIVABILITY. AND THEN TO GET US MORE CANOPY AND OTHER AREAS WHERE THAT WOULD BE MORE VALUABLE. OKAY. THANK YOU. AND DARE I ASK, HAVE WE COME UP WITH A POLICY ON MULCH? CHAD? CHAD MERRITT COMMUNITY SERVICES DIRECTOR THAT'S A, AN ITEM THAT I THINK THAT AT SOME POINT WE'LL HAVE THAT CONVERSATION. WE HAVE NOT ACTIVELY MADE ANY DECISIONS TO CHANGE OUR CURRENT PRACTICE. SO WE HAVE AREAS THAT ARE MULCHED. SO THE ONLY OPTION WE HAVE NOW IS TO LEAVE THEM MULCHED. TYPICALLY WHEN WE HAVE THOSE ISSUES WITH THE MULCH IS WHEN WE HAVE THOSE UNFORTUNATE VISITORS THAT COME IN DURING THE SUMMER AND EARLY FALL TIMES. AND THAT'S WHEN WE REALLY SEE THE MULCH START GETTING WASHED AWAY. SO BUT THAT WOULD BE A CONVERSATION, I THINK LATER AT A MAYOR, I WILL REMIND YOU THAT WE DIDN'T I SAY THIS ALL THE TIME, BUT IT'S A TRUE STATEMENT.

WE DIDN'T GET HERE OVERNIGHT ON MULCH AND WE'RE NOT GOING TO REVERSE IT OVERNIGHT. BUT WHAT WE HAVE DONE IS WHEN WE WENT BACK OUT FOR BANYAN, ASKED FOR ALTERNATIVE SURFACE SO THAT WE CAN PRESENT TO YOU FOR THE FIRST ON THE FIRST TIME, WE'VE COME BACK TO YOU TO DO ONE OF THESE STREETS THAT WE GIVE YOU ALTERNATIVES AND HAVE THAT DISCUSSION. SO RATHER THAN HAVE AN ISOLATED DISCUSSION, IN MY OPINION, WHEN WE COME BACK TO YOU, I THINK IT IS APRIL, IT MAY BE MAY 6TH, BUT EITHER WAY, WE'LL BE COMING BACK TO YOU WITH BANYAN AND WE'LL BE TALKING ABOUT ALTERNATIVE. FILL IN THAT WITH THAT BID. SO I JUST TIMING IS EVERYTHING. AND WE DIDN'T WE WEREN'T IN POSITION TO WE'RE COMING INTO SEASON. WE JUST PASSED THE BUDGET AND OKAY, WE'RE GOING TO MULCH EXACTLY THE WAY IT WAS. WHAT'S THE NEXT PROJECT? AND LET'S TALK ABOUT ALTERNATIVE FOR THAT. SO I DID WANT TO LET YOU KNOW IT WASN'T FORGOTTEN ABOUT THOSE DISCUSSIONS. OH, I KNOW YOU DON'T FORGET ABOUT THINGS. I JUST DIDN'T KNOW IF WE NEEDED TO HAVE A FORMAL POLICY, BUT I WANTED TO BECAUSE CHAD WILL REMEMBER THAT THAT'S WHAT WE INCLUDED IN THAT BID. SO YEAH, WE ACTUALLY. SO WHAT WE'LL HAVE IS A COUPLE OF DIFFERENT OPTIONS. AND, AND WE'LL HAVE THAT CONVERSATION AT A LATER DATE SOON. THANK YOU.

THANK YOU FOR GIVING US THIS TIME FOR YOU TO SHINE. WE APPRECIATE ALL THAT YOU DO.

OKAY. OH, SORRY, COUNCILMEMBER SCHULTZ, THE THE ABILITY TO GRAFT. ARE YOU ABLE TO GRAFT SOME TO TRY AND FILL IN THE Y'S OR WHATEVER THAT WOULD BE CALLED, SO YOU CAN GRAFT IN HEAVY GRAFTS DIRECTIONALLY TO TRY TO FILL IN WHAT GOT RAPED BY THE FPL. I DON'T REALLY HAVE A LOT OF EXPERIENCE WITH, YOU KNOW, THE GRAFT, YOU KNOW, ADDING IN DIFFERENT, YOU KNOW, DIFFERENT COMPONENTS TO A TREE. BUT WITH THE GROWTH PATTERN OF FICUS BEING AS AGGRESSIVE AS IT IS, THE DIRECTIONAL PRUNING WILL GET US FILLED IN IN THERE WITHOUT HAVING TO DO ANY TYPE OF ADDITIONAL GRAFTING IN THOSE AREAS. WE'RE TALKING ABOUT THE BANYAN TREES. YES, SIR. SO YOU CAN'T JUST DIRECTIONALLY. YEAH. WELL DIRECTIONALLY PRUNE IT TO START FILLING IN THERE, START REDUCING THEM A LITTLE BIT TO PUSH GROWTH INTO OTHER AREAS AND STUFF. SO THAT'S, THAT'S WHAT WE'LL BE UNDERTAKING. AND ACTUALLY THEIR NEXT FULL PRUNING IS THIS COMING FALL. SO IT ACTUALLY WILL TURN TIME OUT REALLY WELL. HOPEFULLY WE'LL HAVE A GOOD RAINY SEASON, WHICH WILL GIVE US A LOT OF ADDITIONAL GROWTH IN THERE. AND WE'LL HAVE GOOD BRANCHING TO START MAKING THOSE PRUNING CUTS TO, YOU KNOW, DIRECTIONALLY PRUNE EVERYTHING INTO THE CENTERS AND, YOU KNOW, FILL IN THE CANOPY THROUGH THERE. YEAH. WHEN WE FIRST MOVED INTO NAPLES CAY, THAT CANOPY GOING DOWN SEAGATE WAS JUST ABSOLUTELY STUNNING FROM BOTH SIDES. AND THAT WAS REALLY WHAT ATTRACTED US TO TO MOVE BACK THERE, WHICH IS ABSOLUTELY INCREDIBLE. THANK YOU. KUDOS. AND THIS ISN'T ABOUT TREES, BUT MR. MAYOR, THANK YOU FOR THE SPECIAL EVENTS CALENDAR THAT I HOPE COUNCIL WILL PAY ATTENTION TO. AND YOU KNOW, IT. IT'S A GREAT

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TOOL FOR US. YES. SO DANIELLE MADE THOSE UPS. I'M NOT GOING TO TAKE CREDIT FOR IT. WELL GOOD. I'M GLAD DANIELLE DID THAT. SHE COLOR CODED IT AND EVERYTHING. SO AWESOME. THANK YOU. THANK YOU. ALL RIGHT WITH THAT THAT CONCLUDES THE CONSENT AGENDA. CAN WE GET A MAYBE A VOTE. OH THANK YOU SIR. DO YOU WANT US TO VOTE FOR THAT. YES. I MAKE A MOTION TO APPROVE SEVEN B ON THE CONSENT AGENDA. NEED A MOTION? ARE YOU MAKING A MOTION? I JUST MADE THE MOTION.

I NEED A SECOND AND A SECOND BY COUNCIL MEMBER BARTON. ALL IN FAVOR? SIGNED BY I. AYE, OPPOSED. THANK YOU. THAT TAKES US TO ITEM 11 A. AND, MR. DICKMAN, IF YOU'LL READ THE

[11.A) Continued from the February 18, 2026 City Council Meeting. A Resolution Determining Live Entertainment Petition 26-LE3 Establishing Amplified Outdoor Live Entertainment Seven 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. YES. THIS IS A QUASI JUDICIAL ITEM, A RESOLUTION DETERMINING LIVE ENTERTAINMENT PETITION 20 6-L3 ESTABLISHING AMPLIFIED OUTDOOR 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 NAVAL BEACH CLUB, OWNED BY NAPLES BEACH CLUB LAND TRUST TRUSTEES LLC, A DELAWARE LIMITED LIABILITY NETWORK. NAPLES BEACH CLUB OWNER, LLC. LLC, A DELAWARE LIMITED COMPANY, NAPLES BEACH CLUB PHASE TWO AND PHASE THREE LAND TRUST, LLC, A DELAWARE LIMITED COMPANY PROVIDED AT. LOCATED AT 8018028 11 EIGHT, 98, 91, 896 AND 898 GULF SHORE BOULEVARD NORTH MORE FULLY DESCRIBED HEREIN, PROVIDING FOR SCRIVENER'S ERRORS, PROVIDING FINDINGS AND CONDITIONS, AND PROVIDING FOR AN EFFECTIVE DATE. FOR ALL THOSE INTENDING TO OFFER TESTIMONY, PLEASE RISE AND RAISE YOUR RIGHT HAND. YOU SWEAR OR AFFIRM. YOU SWEAR OR AFFIRM THE TESTIMONY YOU'RE ABOUT TO GIVE. BE THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH. YES. THANK YOU. COUNSEL. DISCLOSURES. COUNCIL MEMBER KROLL. I'VE MET ON THE BEACH SIDE WITH MANAGEMENT AND BUT NOT ON THE GOLF SIDE BECAUSE THERE'S CONSTRUCTION GOING ON TIME. SO ON THE GOLF SIDE. YEAH. OKAY. YEAH. THANK YOU. RESIDENTIAL SIDE. YEAH. THANK YOU. COUNCIL MEMBER BARTON FAMILIAR WITH THE SITE, HAD CONVERSATIONS WITH STAFF JUST TO GET CLARITY ON THE AGENDA ITEM. KRAMER SAME WITH THE SITE AND WENT OVER ALL THE AGENDA ITEMS LIKE I ALWAYS DO. STAFF. THANK YOU, COUNCILMEMBER SCHULTZ. I DID VISIT THE SITE AND WENT OVER IT WITH THE THE MANAGER AND CONSTRUCTION MANAGER. SO I'M VERY AWARE, AWARE OF WHAT THEY'RE TRYING TO DO. THANK YOU. THANK YOU.

COUNCIL MEMBER PENMAN FAMILIAR WITH THE SITE. I'VE HAD NO CONTACT, BUT I HAVE BEEN FOLLOWING THE BEACH CLUB'S EFFORTS RELATIVE TO MEETING WITH NEIGHBORHOODS IN THE CONTIGUOUS AREA. AND VICE MAYOR. YES, I MET WITH JAY AND DIEGO A COUPLE OF WEEKS AGO TO GET AN OVERALL UPDATE ON THE STATUS OF THE FOUR SEASONS PROJECT. YESTERDAY I MET WITH DIEGO ON SITE AND HAD A TOUR OF THE PROPERTY AND WENT AROUND TO SEE EACH ONE OF THESE SITES. THAT IS PROPOSED FOR OUTDOOR ENTERTAINMENT. I'VE HAD EMAILS AND CONVERSATIONS WITH NEIGHBORS, PARTICULARLY PRESIDENTS OF THE NEIGHBORING HOA'S, REGARDING THEIR INPUT AND THE EMAILS THAT I RECEIVED, I FORWARDED TO THE CLERK FOR INCLUSION IN THE PUBLIC RECORD.

THANK YOU. I HAVE NOT HAD A CHANCE TO MEET WITH STAFF FROM THE FOUR SEASONS. AT THIS POINT, I MET WITH STAFF TO DISCUSS SOME CLARIFICATIONS WITHIN THE ITEMS, HAD CONVERSATIONS WITH MEMBERS OF THE COMMUNITY AND RECEIVED EMAILS. AND WITH THAT AND NOTHING FURTHER. GOOD MORNING. YOU'LL STATE YOUR NAME FOR THE RECORD? YES. GOOD MORNING MAYOR, VICE MAYOR COUNCIL. MY NAME IS CLAY BROOKER WITH THE LAW FIRM OF CHAFEE, PASSIDOMO 820 ONE FIFTH AVENUE SOUTH. A COUPLE HOUSEKEEPING MATTERS BEFORE WE LAUNCH IN. FIRST AND FOREMOST, WE WOULD LIKE TO CONVEY OUR WELL WISHES TO MR. MCCONNELL AND HIS WIFE. WE WISH THEM A HAPPY AND SAFE ARRIVAL THAT HASN'T OCCURRED YET FOR THEM. AND IF YOU COULD CONVEY MR. DYCKMAN OUR WELL WISHES IN THAT REGARD, I'D APPRECIATE IT. SECONDLY, THE 11 A IS THE. IS

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THE OUTDOOR APPLICATION. 11 B IS THE INDOOR APPLICATION TWO SEPARATE APPLICATIONS? IT'S MY UNDERSTANDING TWO SEPARATE VOTES WOULD BE REQUIRED FOR EACH OF THOSE APPLICATIONS, OR ONE VOTE FOR EACH OF THOSE TWO APPLICATIONS. MY PRESENTATION COMBINES THE TWO. IT SHOWS BOTH OUTDOOR AND INDOOR LOCATIONS, SO I WOULD REQUEST RESPECTFULLY, THAT I PRESENT THE ENTIRE PACKAGE TO YOU, IF YOU WILL, BOTH OUTDOOR AND INDOOR, AND WE COULD THEN PROCEED IN THAT MANNER. OTHERWISE, I CAN TRY TO PARCEL OUT THE OUTDOOR VERSUS THE INDOOR. AS WE AS WE PROCEED, YOU CAN GO AHEAD AND GIVE YOUR PRESENTATION ON THAT, BUT WE SHOULD HAVE READ, I CAN READ THAT PRIOR TO AND THEN HAD THE RESOLUTION. SO WHY DON'T YOU JUST GO AHEAD AND PROCEED WITH THIS OUTDOOR FIRST. OKAY? OKAY. WILL DO. THANK YOU. AS I MENTIONED, I REPRESENT THE APPLICANT FOR BOTH OF THE APPLICATIONS 11 A AND 11 B OUTDOOR. AND INDOORS WITH ME ARE J. NEWMAN, THE ATHENS GROUP, AND DIEGO ANGARITA, THE GENERAL MANAGER OF THE FOUR SEASONS HOTEL. WE ARE REQUESTING APPROVAL FOR BOTH INDOOR AND OUTDOOR LIVE ENTERTAINMENT OFFERINGS AT THE HOTEL RESORT. THESE APPLICATIONS WERE FIRST BRIEFLY INTRODUCED TO CITY COUNCIL ON JANUARY 1ST, A COUPLE OF MONTHS AGO, AND SOME COUNCIL MEMBERS PROVIDED CONCEPTUAL FEEDBACK. AT THAT TIME, THE APPLICATIONS WERE CONTINUED TO TODAY TO ALLOW FOR NEIGHBORHOOD OUTREACH EFFORTS WHICH WERE UNDERTAKEN AND WHICH HAVE RESULTED IN MODIFICATIONS AND CLARIFICATIONS TO THE LIVE ENTERTAINMENT REQUEST. AS A GENERAL OVERVIEW. OVERVIEW. AND I'M GOING TO SUMMARIZE. THERE'S A LOT OF WORDS ON THE SHEET, AND I APOLOGIZE IN ADVANCE FOR THAT. BUT AS A GENERAL OVERVIEW OF THE APPLICATIONS, PLEASE NOTE THAT THIS IS A LUXURY HIGH END FOUR SEASONS RESORT, ALL LIVE ENTERTAINMENT PROGRAMING WILL BE APPROPRIATE AND CURATED FOR THE AMBIANCE OF THAT EXCLUSIVE SETTING. THE LIVE ENTERTAINMENT WILL BE COMPLEMENTARY TO THE HOTEL'S SOPHISTICATED GUESTS, ITS RESTAURANTS, AND ITS MEETING SPACES. IN THAT REGARD, THERE WILL BE NO MUSIC EVENTS OR CONCERTS TARGETED TARGETING THE GENERAL PUBLIC OR OUTSIDE USERS. NO TICKETED EVENTS, FOR EXAMPLE. AGAIN, THE FOCUS OF THE LIVE ENTERTAINMENT WILL BE THE HOTEL RESORT'S GUESTS AND VISITORS. AT THE JANUARY 21ST MEETING, WE HEARD CONCERNS AND QUESTIONS AS TO WHETHER ALL OF THE PROPOSED OUTDOOR ALTERNATIVE LOCATIONS FOR LIVE ENTERTAINMENT COULD BE IN USE SIMULTANEOUSLY, ALL LOCATIONS FIRING AT ONCE. THAT WAS NEVER THE INTENTION AND WE HAVE OFFERED THE FOLLOWING LIMITATION NO MORE THAN TWO OUTDOOR LOCATIONS ON THE SEAWARD OR GULF SIDE OF THE RESORT, AND NO MORE THAN TWO OUTDOOR LOCATIONS ON THE LANDWARD SIDE EAST OF WILSHIRE BOULEVARD NORTH. OTHER RESORT MAY BE IN CONCURRENT USE. THIS LIMITATION HAS BEEN RECOMMENDED BY STAFF AND INCLUDED IN THE DRAFT RESOLUTIONS IN THE AGENDA MATERIALS ALREADY WITH REGARD TO NOISE MANAGEMENT, SPECIAL EFFORTS WILL BE EMPLOYED TO ENSURE COMPLIANCE WITH THE CITY'S NOISE CONTROL ORDINANCE.

SPEAKERS WILL BE ORIENTED INTERNALLY AWAY FROM ADJACENT PROPERTIES, STANDARDIZED AVI OR AUDIOVISUAL EQUIPMENT WILL BE UTILIZED, AND THAT EQUIPMENT WILL BE APPROVED BY FOUR SEASONS IN ADVANCE. DECIBEL METERS AND SOUND CONTROLS WILL BE EMPLOYED TO ENSURE THAT THE DECIBEL LIMITATIONS IMPOSED BY THE CITY'S NOISE CONTROL ORDINANCE ARE HONORED AGAIN, THESE MEASURES HAVE BEEN INCORPORATED AS CONDITIONS OF APPROVAL IN THE DRAFT RESOLUTIONS, AND WE HAVE NO OBJECTION TO THEM. FINALLY, OUTDOOR LIVE ENTERTAINMENT, AS A GENERAL RULE, WILL CEASE BY 10 P.M. AND THAT IS A STANDARD CONDITION IMPOSED IN THE CITY'S CODE. SINCE THE JANUARY 21ST COUNCIL MEETING AND THE NEIGHBORHOOD OUTREACH EFFORT, SEVERAL CHANGES AND CLARIFICATIONS HAVE BEEN MADE TO THE LIVE ENTERTAINMENT REQUESTS BEFORE YOU TODAY, AS SHOWN HERE ON THE SCREEN. THE FIRST ONE THERE IS THE MAXIMUM TWO IN USE OUTDOOR LOCATIONS AT ANY GIVEN TIME ON. ON A SEAWARD AND LANDWARD SIDE THAT IS A MAXIMUM FOR CONCURRENT USE. THE NUMBER OF ALTERNATIVE OUTDOOR VENUES HAS BEEN REDUCED FROM 16 TO 11. THE RESIDENTIAL AREA WHAT WE REFER TO AS BUILDINGS, RESIDENTIAL BUILDINGS A, B AND C NORTH OF THE HOTEL ON THE WATER SIDE, AND THE GOLF COURSE. THOSE ELEMENTS, THOSE CONCEPTS OF THE OF THE RESORT HAVE BEEN REMOVED FROM TODAY'S APPLICATION. THEY WILL BE ADDRESSED BY A FUTURE APPLICATION AND A FUTURE HEARING BEFORE CITY COUNCIL.

AND THEN AS I MENTIONED, THE USE OF STANDARDIZED AV EQUIPMENT, SOUND LIMITERS AND DECIBEL METERS WILL BE EMPLOYED TO ENSURE CONSISTENCY WITH THE CITY'S NOISE CONTROL ORDINANCE.

[01:05:11]

AS I MENTIONED, THE COMMUNITY OUTREACH MEETINGS OCCURRED AND THEY OCCURRED ON FEBRUARY 3RD AND FEBRUARY 5TH. INVITATIONS WERE SENT TO NEARBY RESIDENTS AND THE MEETINGS WERE ATTENDED BY A TOTAL OF 162 PEOPLE. IN ADDITION, DIRECT ENGAGEMENT OCCURRED WITH THE PROPERTY OWNER TO THE IMMEDIATE SOUTH OF THE HOTEL ACROSS EIGHTH AVENUE SOUTH, AND IT'S OUR UNDERSTANDING THAT THAT PROPERTY OWNER'S CONCERNS HAVE BEEN ADDRESSED TO HIS SATISFACTION. HERE IS A A SLIDE OF THE PROPOSED INDOOR AREAS ON THE HOTEL SEAWARD SIDE. YOU'LL SEE THE. THE TWO AREAS ARE PROPOSED. ONE IS IN WHAT'S CALLED THE MERCHANT ROOM AND THE OTHER IS IN WHAT IS DESCRIBED AS THE JUNIOR BALLROOM. THIS IS A. A DEPICTION OF THE OUTDOOR ALTERNATIVE LOCATIONS PROPOSED BY THE. FOR THE HOTEL SIDE, NUMBER ONE IS THE MERCHANT ROOM. TERRACE. NUMBER TWO IS THE MAIN POOL AREA. NUMBER THREE IS THE EVENT LAWN. NUMBER FOUR IS THE SUNSET BAR. NUMBER FIVE IS H B. NUMBER SIX IS THE NORTH SIDE OF THE SUNSET OR FAMILY POOL. AND NUMBER SEVEN IS THE PRESIDENTIAL SUITE POOL TERRACE.

FLIPPING NOW TO THE LANDWARD SIDE ON THE EAST SIDE OF GULF SHORE BOULEVARD NORTH. HERE ARE THE TWO PROPOSED INDOOR LOCATIONS. NUMBER ONE IS THE BALLROOM OR CONFERENCE CENTER, AND NUMBER TWO IS WHAT'S REFERRED TO AS THE PAVILION, THE PART OF THE CLUBHOUSE. AND THE OUTDOOR LIVE ENTERTAINMENT PLAN FOR THE LANDWARD SIDE. SHOWN HERE IS NUMBER ONE IS THE LAWN SPACE. NUMBER TWO IS THE OUTDOOR PORTION OF WHAT WILL BE KNOWN AS, OR WHAT IS KNOWN AS THE WAGER RESTAURANT. NUMBER THREE IS AN OUTDOOR TERRACE KNOWN AS THE CAMELLIA TERRACE, AND NUMBER FOUR IS THE CLUBHOUSE LAWN. THAT IS A. A VERY BRIEF AND SUMMARIZE PRESENTATION. AND THAT CONCLUDES OUR PRIMARY PRESENTATION. CITY STAFF HAS ANALYZED THESE LIVE ENTERTAINMENT REQUESTS AGAINST THE CRITERIA SET FORTH IN THE CITY'S CODE, AND STAFF HAS CONCLUDED THAT THE CRITERIA HAVE BEEN MET. IN ADDITION, ALL OF THE LIVE ENTERTAINMENT LOCATIONS SHOWN HAVE BEEN REVIEWED BY THE FIRE MARSHAL FOR LIFE SAFETY OR COMPLIANCE WITH LIFE SAFETY RELATED FIRE CODE REGULATIONS. WE HAVE NO ISSUE WITH THE PROPOSED CONDITIONS OF APPROVAL IN THE DRAFT RESOLUTIONS THAT ARE PART OF YOUR AGENDA MATERIALS, WITH ONE EXCEPTION. BOTH OF THE RESOLUTIONS INCLUDE A CONDITION THAT ALL AMPLIFIED MUSIC MUST COME FROM PERMANENTLY INSTALLED SPEAKERS. RESPECTFULLY, WE REQUEST THAT THAT CONDITION BE REMOVED. WE UNDERSTAND IT IS A STANDARD CONDITION THAT IS SEEN IN MOST RESTAURANT TYPE OF LIVE ENTERTAINMENT APPLICATIONS AS OF LATE, BUT WE REQUEST THAT THAT CONDITION BE REMOVED FROM THE RESOLUTIONS UNDER THESE UNIQUE CIRCUMSTANCES. SEVERAL OF OUR INDOOR LOCATIONS THE BALLROOM, THE JUNIOR BALLROOM, THE PAVILION, FOR EXAMPLE, HAVE MULTIPLE STAGE AND SEATING TABLES, SEATING CONFIGURATIONS. INSIDE THOSE MEETING SPACES.

THE RESORT NEEDS THE FLEXIBILITY TO RESPOND TO DIFFERENT EVENTS WITH APPROPRIATE CONFIGURATIONS, WHICH REQUIRES THE ABILITY TO MOVE SPEAKERS AROUND FROM SPOT TO SPOT WITHIN THOSE INDOOR LOCATIONS. SO WE RESPECTFULLY REQUEST THAT THE CONDITIONS REQUIRING PERMANENTLY INSTALLED SPEAKERS BE REMOVED FOR FROM THE RESOLUTIONS. WITH THAT, I'LL CONCLUDE WE RESPECTFULLY REQUEST YOUR APPROVAL OF THE APPLICATIONS, AND WE'RE HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE AT THIS TIME. THANK YOU FOR YOUR PRESENTATION. I JUST HAVE SOME QUESTIONS ON SOME DETAILS AND THANK YOU. I THINK THAT YOU HAVE DONE A GREAT JOB AT WORKING WITH THE RESIDENTS AND ALSO. TAKING INTO CONSIDERATION THE TIME. MY CONCERN IS THE GULF SIDE, THE FACT THAT THERE WASN'T OR THERE HASN'T BEEN IN THE PAST, ENTERTAINMENT ON THAT SIDE. SO THAT'S MY ONE ISSUE. BUT I'LL, I THINK I NEED TO ALSO HAVE

[01:10:08]

SOME THE STAFF REPORT TO UNDERSTAND THAT BETTER BECAUSE THIS IS A RESIDENTIAL AREA, EVEN THOUGH THIS IS A COMMERCIAL PROPERTY NOW THAT IS WITHIN A RESIDENTIAL AREA. I JUST WANT TO CLARIFY THAT YOUR REQUEST IS ON THAT RESOLUTION IS ON NUMBER TEN FOR THE PERMANENT SPEAKERS. YES, I BELIEVE IT'S NUMBER TEN ON THE OUTDOOR LIVE ENTERTAINMENT RESOLUTION, AND I BELIEVE IT'S NUMBER EIGHT ON THE INDOOR RESOLUTION. THAT IS THE THOSE ARE THE TWO CONDITIONS THEY READ, I BELIEVE, PRECISELY THE SAME. AND WE WOULD REQUEST THAT THEY BE OMITTED FROM BOTH. IT'S A STANDARD CONDITION THAT WE INCLUDE IN ALL LIVE ENTERTAINMENT PERMITS. YES. THANK YOU, MADAM MAYOR, CAN I MAY I ASK FOR CLARIFICATION? SO YOUR OBJECTION IS TO THE WORD PERMANENT ONLY. CAN WE LEAVE THE REST OF THE CONDITION IN THERE? THE INTENT OF THAT CONDITION IS LESS TO DO WITH THE LOCATION OF THE SPEAKERS AND MORE TO DO WITH CONTROL, NOISE CONTROL OF THOSE SPEAKERS. AND SO IT WAS TO AVOID, YOU KNOW, EVERY TIME YOU HIRE A NEW BAND, THEY COME IN WITH THEIR OWN AV EQUIPMENT THAT DOESN'T HAVE THAT REGULATOR ON THE VOLUME. THAT'S THE INTENT OF THE CONDITION. RIGHT. SO, MR. BROOKER, IF YOU NOTICE THAT IF WE TAKE OUT THE WORD PERMANENT, WE STILL HAVE THE ABILITY TO MAKE SURE THAT THERE'S AS AS MISS MARTIN STATED, A CONTROL SYSTEM WITH ONE PERSON THAT HAS ACCESS TO THAT ABILITY TO TURN THE VOLUME UP AND DOWN, THAT KIND OF THING. YEAH, YEAH. AND I APPRECIATE THAT CLARIFICATION. FRANKLY, I, I DIDN'T READ THE REST OF IT BECAUSE I JUST SAW PERMANENT. BUT YEAH. SO IF, IF THE WORD PERMANENT IS REMOVED, YEAH, THE REMAINDER IS OKAY TO STAY IN BECAUSE THAT'S OUR INTENTION. EVERYTHING ELSE WAS OUR INTENTION ALREADY. IT'S ACTUALLY KIND OF YOU HAVE SIMILAR LANGUAGE IN YOUR PROPOSAL, RIGHT? FOR THE EQUIPMENT, RIGHT. IT'S THAT STANDARDIZING THE EQUIPMENT. THANK YOU, MR. DICKMAN, FOR THAT CLARIFICATION. THE OTHER QUESTION I HAVE IS THAT YOU ARE ASKING FOR SEAWARD OUTDOOR ENTERTAINMENT. CORRECT? CORRECT. AND HOW DOES THAT WORK IN OPERATIONS FOR YOU? WELL, NOT YOU, BUT HOW WOULD THE OPERATOR WHAT DOES THAT LOOK LIKE IS. WELL, PERHAPS I CAN ASK DIEGO TO ADDRESS THE LOGISTICS IF THAT'S WHAT I'M UNDERSTANDING THE QUESTION TO BE. BUT THERE ARE ALTERNATIVE LOCATIONS OUTDOORS THAT COULD BE, FOR EXAMPLE, THERE COULD BE A GUITARIST PLAYING. AND THEN UP ON THE MERCHANT ROOM TERRACE. VIOLINIST SPECIFICALLY. YEAH, I MEANT THE BEACH AREA. IS THAT IN THE INTENTION? NOTHING. ON THE BEACH, ON THE SAND.

EVERYTHING IS WITHIN OUR STRUCTURE OF OF THE RESORT. IF THAT'S IF THAT'S WHAT YOU'RE.

YEAH. SO WE AREN'T FAMILIAR WITH ALL OF THE APPROVALS THAT YOU'VE HAD SO FAR. YOU HAVEN'T HAD A SPECIAL EVENT THAT HAS OCCURRED ON THE BEACH ITSELF. AND, YOU KNOW, MR. DIEGO, IF YOU'LL GET SWORN IN, PLEASE. RAISE YOUR RIGHT HAND, PLEASE. 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, THANK YOU. GOOD MORNING, CHAIR DIEGO ANGARITA. THANK YOU, MADAM MAYOR. NO, THE INTENTION IS NOT TO HAVE ANY CONTAINMENT ON THE BEACH. FOR THOSE OF YOU WHO HAVE HAD A CHANCE TO GO TO THE PROPERTY, YOU'VE SEEN THE LOCATIONS THAT WE HAVE IDENTIFIED ARE ALL ON THE PROPERTY LINE. IT'S NOTHING ON THE SAND. AND THE SPACE IS LIMITED TO WHERE IT WILL PROBABLY BE VERY SMALL ENTERTAINMENT OF 1 OR 2 MUSICIANS THAT COMPLEMENTS THE COCKTAIL PARTY. NONE OF THIS HAS, MR. BOOKER SAID, WILL BE A CONCERT OR ANYTHING THAT WILL BE A LARGE PRODUCTION. RIGHT? BUT SPECIFICALLY YOU'RE TALKING ABOUT THE OTHER LOCATIONS, CORRECT? CORRECT. IT'S JUST WHEN I LOOK AT THE RESOLUTION AND THAT YOU HAVE TO APPLY FOR THE CC C PERMIT WITHIN THAT RESOLUTION, I IT MAKES ME THINK I REALIZE WHERE THE LOCATION OF THE HOTEL IS FORWARD, BUT THAT IT'S INDICATED THAT YOU WOULD HAVE TO GET A SPECIAL PERMIT TO BE ABLE TO, TO HAVE AN EVENT ON THE BEACH. AND THAT'S NOT YOUR INTENTION. WE WILL DO EVENTS ON THE BEACH, BUT NOT ENTERTAINMENT. SO WE MAY HAVE A DINNER, WHICH WE'VE WE'VE TALKED ABOUT BEFORE, BUT WE WOULD NOT DO IT WITH THE LIBRARY STAYS IN THOSE SPECIFIC SPOTS THAT WE'VE HIGHLIGHTED IN THIS PRESENTATION. OKAY. SO THE CONDITION NUMBER SIX IS NOT FOR

[01:15:01]

LIVE ENTERTAINMENT OUTDOORS. IT'S TO HAVE A FUNCTION ON THE BEACH OUTDOORS. CORRECT. I CAN PROBABLY HELP. I'LL GET THERE. YEAH. THE CONDITION THAT'S IN THE RESOLUTION. SO THE, THE REVISED PLANS THAT ARE BEFORE YOU TODAY DO NOT SHOW ANY LOCATIONS ON THE BEACH. THEY'RE THEY'RE ALL WITHIN THE THE HOTEL PROPERTY. WHAT THAT CONDITION IS MORE OF A HEADS UP OR A WARNING TO THE PETITIONER THAT ANYTHING THAT YOU DO WITHIN THE DUNE SYSTEM OR ON THE BEACH WOULD REQUIRE SPECIAL PERMITTING. SO THE LIVE ENTERTAINMENT PERMIT, SHOULD YOU APPROVE IT TODAY, DOES NOT PERMIT THEM TO DO ANY EVENTS ON THE BEACH. THOSE WOULD REQUIRE SPECIAL EVENT PERMITS INDIVIDUALLY. AND WHAT WE'RE LETTING THE PETITIONER KNOW HERE IS THAT THOSE SPECIAL EVENT PERMITS. NOT ONLY DO YOU NEED TO GET SPECIAL A SPECIAL EVENT PERMIT, THERE'S CL PERMITTING, THERE'S ALSO STATE PERMITTING. SO THERE'S A NUMBER OF STEPS THAT THEY WOULD HAVE TO TAKE TO HAVE EVENTS ON THE BEACH. AND THIS LIVE ENTERTAINMENT PERMIT IS NOT ONE OF THEM. THIS DOES NOT ALLOW FOR ANY OF THAT. SO BUT IT IS ALLOWING FOR EVENTS TO BE HELD ON THE BEACH. THIS DOES NOT ALLOW EVENTS TO BE HELD ON THE BEACH. IF IF THEY APPLY THIS DOESN'T ALLOW IT, THEY WOULD HAVE. IN ORDER TO HAVE AN EVENT ON THE BEACH, THEY WOULD NEED SEPARATE PERMITS, RIGHT? NOT THIS, BUT THEY WOULD STILL HAVE TO HAVE THE APPROVALS WHICH ARE UNDER THIS RESOLUTION. THEY WOULD STILL HAVE TO HAVE APPROVAL FROM THE STATE AND APPROVAL FROM THE CITY AND A SPECIAL EVENT PERMIT. OKAY. I'M NOT SURE IF YOU'RE THE EXPERT ON THAT. IF MR. MERRITT CAN EXPLAIN HOW THAT PROCESS WORKS.

RESWORN AND MR. MERRITT. CAN AFFIRM THAT THE TESTIMONY YOU'RE ABOUT TO GIVE YOU THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH. GOOD MORNING. GOOD MORNING.

COMMUNITY SERVICES DIRECTOR CHAD MERRITT. THE SPECIAL EVENT PROCESSES. IT COVERS, IF YOU REMEMBER, IN THE DEFINITIONS, IT'S ANYTHING THAT'S OUTSIDE OF THE. THE PURPOSE OF WHAT THE PROPERTY OR THE ORGANIZATION WAS INTENDED. SO FOR THIS CASE, THE BEACH, ANYTIME YOU DO A SPECIAL EVENT, WHICH IS SOMETHING OUTSIDE A LARGE GATHERING, AND YOU KNOW WHAT THE CRITERIA, THE CRITERIA FOR YOU, ALL THAT REQUIRES APPROVAL IS EVENTS OVER 1500 ROAD CLOSURES, FIREWORKS, PARADES, ANY OUTSIDE PARKING OR OFF SITE PARKING. AND THOSE ARE THE THINGS THAT WE BRING TO YOU ALL. BUT WHEN YOU HAVE AN EVENT THE SIZE, IT'S STILL THEY HAVE TO APPLY FOR IT, JUST LIKE SOME OF THE OTHER ORGANIZATIONS THROUGHOUT THE CITY HAVE TO APPLY FOR IT, EVEN THOUGH IT DOESN'T NECESSARILY HAVE TO COME TO YOU ALL. SO IF THEY DON'T DO AMPLIFIED SOUND, THEN AMPLIFIED SOUND IS NOT GOING TO REQUIRE IT TO COME TO YOU ALL.

SO THEIR PROCESS WOULD BE TO SUBMIT THE APPLICATION. IF IT'S A ADMINISTRATIVE APPROVAL, IT'S 90 DAYS PRIOR TO THE EVENT. IF IT'S REQUIRES CITY COUNCIL APPROVAL, IT'S 120 DAYS PRIOR TO THE EVENT. SO IT REALLY DEPENDS ON WHAT IT IS. MY RECOMMENDATION WOULD BE IF THEY'RE DOING ANYTHING ON THE BEACH TO REACH OUT AS FAR IN ADVANCE AS POSSIBLE, SO THAT WE CAN WORK THROUGH THAT PROCESS. BECAUSE I'VE RUN INTO THIS WITH THE EVENTS THAT TAKE PLACE ON THE BEACH, WE CAN PERMIT IT FROM THE EVENT SIDE, BUT WE DON'T OVERRIDE ANYTHING FROM AN ENVIRONMENTAL SIDE. THAT HAPPENS WITH FDEP. AND THIS HAPPENED WITH ANOTHER ORGANIZATION THAT WAS TRYING TO HAVE, AND I USE THIS AS AN EXAMPLE. INFLATABLES ON THE BEACH. YOU HAVE TO HAVE SPECIAL PERMISSION FROM FDEP TO HAVE THAT INFLATABLE ON THE BEACH.

SO IF THEY, IF THEY'RE INTERESTED IN DOING THAT, WE, WE WOULD ADVISE THEM TO GET THOSE APPROVALS. FIRST, TURN THOSE IN WITH APPLICATION SO THAT EVERYTHING IS TURNED IN AT THE SAME TIME. THANK YOU FOR THAT. HOW DOES THAT PROCESS WORK? DOES THE APPLICANT FILE FOR THE STATE PERMITS FIRST AND THEN TO THE CITY OR CITY AND THEN TO THE STATE? I WOULD RECOMMEND GOING TO THE STATE FIRST TO LET THEM KNOW WHAT WHAT'S HAPPENING. BECAUSE OUR FIRST QUESTION IS GOING TO BE, DID YOU GET PERMISSION FROM THE STATE TO BE ON THE BEACH WITH AN EVENT? AND WE'RE NOT GOING TO REALLY PROCESS IT UNTIL WE KNOW THAT IT'S OKAY TO HAVE IT ON THE BEACH. SO MY ADVICE WOULD BE, GO TO FTP FIRST, GET THE PERMISSIONS, FIND OUT WHAT CRITERIA. NATALIE IS A GREAT RESOURCE, NOT THROWN UNDER THE BUS, BUT SHE'S A GREAT RESOURCE FOR THAT AND SHE WOULD BE ABLE TO HELP IF THEY HAD ANY QUESTIONS ON WHO THEY NEED TO CONTACT WITH THAT. AND SHE WOULD PROBABLY HAVE A LOT MORE INFORMATION THAN I DO IN THAT PROCESS. AND THEN THAT DEPARTMENT WOULD APPROVE THAT SPECIAL ALONG WITH YOU APPROVING THAT SPECIAL EVENT. FTP WOULD MOST LIKELY, I'M ASSUMING THEY WOULD PROVIDE THEM SOME KIND OF WRITTEN CONFIRMATION THAT THEY CAN HAVE IT ON. I THINK THERE'S A PERMIT THAT THEY PROVIDE ON A TEMPORARY BASIS, AND THEN THEY WOULD ATTACH THAT TO THEIR

[01:20:05]

APPLICATION. THEY SUBMIT TO US THROUGH THE SPECIAL EVENT PROCESS. YEAH. THE REASON I'M GOING THROUGH THIS, BECAUSE THE LAST THING WE NEED IS FOR YOU NOT TO UNDERSTAND WHAT THAT PROCESS IS. SO IT'S GOOD TO GET THAT UPFRONT. HOW LONG DOES THAT NOR DO YOU HAVE ANY IDEA I CAN GET THAT FROM. MR. MAYOR, CAN I RECOMMEND THAT NATALIE COME UP AND TALK ABOUT THOSE PERMITS HERSELF AS OPPOSED TO MR. MERRITT? THANK YOU. THANK YOU, MR. YOUNG. AND MAYOR, JUST, IF I MAY, JUST. THAT IS THE NORMAL COURSE OF PROCEDURE. WHEN WE'RE DEALING WITH THESE KINDS OF THINGS. WE WILL BE IMMEDIATELY IN TOUCH WITH NATALIE. AND CONCURRENTLY, WE'RE GOING TO BE TALKING TO THE D E P, D P PROCESS USUALLY TAKES A LITTLE BIT LONGER THAN THE CITY, SO IT WOULD BE OPEN COMMUNICATION, TRANSPARENCY, GETTING TALKING TO THE D, E, P AND OBVIOUSLY OPEN A LINE OF COMMUNICATION WITH NATALIE AS WELL. YEAH. AND JUST JUST SO YOU KNOW, THESE ARE JUST QUESTIONS THAT I HAVE THAT WE HAVE NOT HAD A CHANCE THAT I JUST WANT TO GET ANSWERED. THANK YOU. GOOD MORNING. GOOD MORNING. NATALIE HARTMAN, NATURAL RESOURCES MANAGER. I WAS SWORN IN WHEN WE WHEN SHE DID THE SWEARING IN AT THE BEGINNING. THANK YOU. SO THE PROCESS, IF YOU'RE GOING TO DO AN EVENT ON THE BEACH, YOU WOULD PREFERABLY CHECK WITH THE EPA TO MAKE SURE THAT YOU'RE NOT TRIPPING ANY OF THEIR THRESHOLDS. AND ONCE YOU GO AND CHECK WITH THEM AND SEE WHAT IT IS, MAKE SURE THAT EVERYTHING'S VETTED BECAUSE THEY HAVE TO GO TO OTHER AGENCIES. IF THEY'RE GOING TO DO LIKE ANY KIND OF LIGHTING OR DEPENDING ON WHAT YOU'RE GOING TO DO. THEY DO HAVE OTHER AGENCIES THAT THEY HAVE TO CONFER WITH. ONCE THAT GETS DETERMINED AND THEY ISSUE THEIR PERMITS, OURS IS PRETTY QUICK AND EASY. WE WOULD JUST TAKE THAT SAME INFORMATION AND MAKE SURE IT'S, YOU KNOW, CLARIFY ANY POINTS THAT ARE NEEDED FOR OUR CODE REQUIREMENTS, AND THEN WE CAN GO THROUGH AND ISSUE THE PERMIT IN CONJUNCTION WITH, YOU KNOW, CHAD'S PERMITS. YEAH, I DON'T HAVE, YOU KNOW, IT COULD TAKE DEPENDS ON HOW BUSY THEY ARE. YOU KNOW, THEY MIGHT TAKE TWO WEEKS TO DO GO THROUGH DEP. IT MIGHT TAKE 30 DAYS TO GO THROUGH DEP. I'M NOT THAT'S NOT KIND OF IN MY VENUE, HOW LONG IT'S GOING TO TAKE THEM TO, TO, YOU KNOW, ISSUE THEIR PERMITS.

BUT OURS, YOU KNOW, WE USUALLY CAN DO SOMETHING WITHIN TWO WEEKS. THANK YOU. FOR THANK YOU.

SO HOW MANY EVENTS HAVE YOU HAD ON THE BEACH? NONE. MY ONLY CONCERN IS. THAT. THE LIGHTING.

I LEARNED THAT FROM THEM AND. I. NEED IS ON. MADAM MAYOR, ON THE BEACH. MOST OF WHAT WE'RE ASKING FOR HERE IS THE FLEXIBILITY. BECAUSE PRECISELY, I DON'T KNOW A NUMBER, AS I VERY WELL MIGHT HAVE AN INQUIRY FOR A WEDDING THIS WEEK. IT MAY BE SIX MONTHS FROM NOW.

UNDERSTANDING THE TIMELINE FOR A SPECIAL PERMIT, WE WOULD DEFINITELY INCLUDE THAT TO THE CLIENT AND LET THEM KNOW IF YOU WANTED TO HAVE AN EVENT THERE. THESE ARE THE STEPS THAT WE REQUIRE, AND THIS IS THE TIMELINE THAT HAS TO HAPPEN. AND THEY WOULD HAVE TO HAVE THE FLEXIBILITY TO ADJUST TO THAT. RIGHT? SO THAT'S MY CONCERN FOR THOSE. YOU MIGHT SUGGEST IF YOU WANT TO DO IT ON THE BEACH. SO I'M, I'M TRYING TO BE MORE PROACTIVE THAN REACTIVE TO THE SITUATION TO BECAUSE THE PROCESS FOR NOISE VIOLATIONS IS QUITE CUMBERSOME. AND USUALLY IT'S YOU HAVE TO BRING IN THE POLICE AND IT'S JUST, IT CAN, YOU KNOW, AND I'M JUST TRYING TO MAKE SURE THAT WE VET THIS. SO WE UNDERSTAND THAT WHAT YOUR INTENTIONS MIGHT BE FOR THE FUTURE AND ALLOWING COMPANIES TO COME AND THAT THAT'S AN OPTION FOR THEM TO DO IT ON THE BEACH. AND IT COULD BE EVERY WEEKEND. AGAIN, I, I DON'T WANT TO GET INTO THAT WHOLE NEIGHBORHOOD. CONCERNS WITH BEACH ACTIVITIES OR EVEN HAVING LIGHTING AND ENTERTAINMENT DOWN ON THE BEACH. I WOULD SAY HAVING SEEN THE OPERATION FOR THE FIRST FOUR MONTHS, I WOULD

[01:25:07]

BE AND THAT'S MY SCOPE. I WOULD BE SHOCKED IF WE ARE HAVING A EVENT ON THE BEACH EVERY WEEKEND. I WOULD BE SHOCKED THAT WE ARE HAVING AN EVENT IN ALL THESE AREAS. I THINK, AS I MENTIONED BEFORE, AND SOME OF YOU THAT HAVE HAD A CHANCE TO WALK THROUGH THE AREA, THE ONE AREA THAT HAS PROBABLY THE MOST POSSIBILITY OF CONSISTENT LIVE ENTERTAINMENT WILL BE SUNSET BAR, VERY SIMILAR TO WHAT IT WAS BEFORE WITH THE CADENCE, BUT DEFINITELY NOT AT THE VOLUME LEVEL THAT THE OLD BAR HAD. THIS IS VERY DIFFERENT BAR, AS SOME OF YOU HAVE SEEN IT GEARED TO A VERY DIFFERENT CLIENT WITH A DIFFERENT ENVIRONMENT. YEAH, BUT THE CADENCE WOULD BE SIMILAR. OKAY. AND THANK YOU. I HAVE I THINK YOU'RE RUNNING IT VERY WELL. I DON'T HAVE ANY ISSUES WITH THAT WITH THE. HBS, THE LOCATION. I DON'T KNOW IF YOU CAN PUT THAT ON THE MAP. SURE. IT'S LOCATION. GO BACK LOCATION FIVE IF I AM. YEAH, THEY SHOULD BE LABELED ALSO, I THINK FOR LOCATION PURPOSES FOR STAFF THAT THOSE SHOULD REALLY BE LABELED ON WHAT THEY, WHAT AREAS THEY ARE. BUT ON FIVE ON THE IT'S THE LIFE SAFETY PLAN. IF I'M READING IT CORRECTLY, I DON'T KNOW IF YOU CAN PUT THE LIFE SAFETY PLAN UP. IS THAT IN THE CORNER OR CLOSEST TO THE WEST, OR IS IT WITHIN THE INSIDE IT'S H B'S. IT'S ON THE PATIO. AS YOU COME OUT FROM THE BAR. HERE YOU GO. SO YOU CAN SEE THE BAR. YOU CAN HAVE A DO I HAVE A, A POINTER? THE MOUSE WILL SHOW. OKAY, SO THIS IS THE BAR RIGHT HERE OF HBS. THIS IS ALL INDOORS. THIS IS THE EXIT TO THE OUTDOOR PATIO. GOT IT. RIGHT. SO IT IS COVERED, BUT IT'S ON THE OUTDOOR PATIO. HENCE WHY WE PLACED IT ON THE OUTDOOR APPLICATION. AND DO YOU HAVE A LIMITATION ON WHETHER IT'LL BE ACOUSTICAL OR FIVE PIECE BAND? DO YOU HAVE ANY ISSUES? IF YOU REMEMBER, FOR THOSE OF YOU WHO'VE SEEN THE SPOT, IT'S TOO SMALL FOR A FIVE PIECE BAND. IT WOULD POSSIBLY BE AGAIN, FLEXIBILITY, MAYBE 1 OR 2 PERFORMERS. IF IT ISN'T ACOUSTICAL, IT'LL PROBABLY BE WITH A SPEAKER. AGAIN, BECAUSE OF THE LIMITATION OF THE SIZE, WE WOULD DO IT TO ACCOMPANY A BRUNCH EVENT OR A ANOTHER MEAL. AGAIN, NOT OPPOSED TO IT. I'M JUST CONCERNED ABOUT THE LOCATION OF IT AND IT'S FACING SOUTH. THOSE SPEAKERS WOULD FACE SOUTH, AND WE KNOW HOW SOUND TRAVELS. SO, YOU KNOW, PUTTING A LIMITATION ON THE NUMBER. ABSOLUTELY. THAT'S ALSO WHY IF I GO BACK TO THE WE'VE COMMITTED TO THE 60DB ON THE PROPERTY LINE. SO GOING ALL THE WAY SOUTH. LET ME SEE. GO BACK. YEAH. SO YOU CAN SEE FROM WHERE FIVE IS TO WHERE THE PROPERTY LINE SOUTH, YOU STILL HAVE TO GO THROUGH THAT ENTIRE POOL AREA. FROM THE TESTING WE'VE DONE, I DO NOT HAVE CONCERN OF WHAT THE INTENT OF LIVE ENTERTAINMENT IS TO DO IN LOCATION FIVE WILL BE ABLE TO MEET THE 60DB OF PROPERTY LINE ON THE SOUTH END. WHAT'S THE BARRIER BETWEEN THAT? WHAT'S SIX SIX? IS THAT VERY SMALL EVENT COURT OR PATIO? SOME OF YOU HAVE SEEN IT. I THINK SOME OF YOU MAY HAVE GONE TO ONE OF THE EVENTS THERE. IT'S SIZE WISE, WRONG SIZE. WHAT'S THAT SIX AREA CALLED? THE FAMILY POOL. NO, NO, NO, IT'S THE I THINK WE CALL IT THE BEACH TERRACE. I REMEMBER CORRECTLY FAMILY POOL IS NUMBER TWO AGAIN. WE NEED TO LABEL THESE. I THOUGHT IT WAS OKAY. SO IF IT'S NOT THE FAMILY POOL, WE ALL NEED TO GET THE SAME TERMINOLOGY. YES. THANK YOU SIR.

OKAY. GOT IT. NO, THE FAMILY POOL. YOU CAN SEE IT'S THE ONE ON THE RIGHT. THAT WAS THE LOCATION ON THE PREVIOUS APPLICATION. WE REMOVED THAT LOCATION. SO IT'S ONLY THAT TERRACE. HOW BIG IS IT? I THINK THE SIZE IS 30 BY 30. I'M SORRY. IT WAS VERY DIFFICULT FOR ME TO FOLLOW. THAT'S THE ONLY REASON I'M HAVING TO ASK THESE DETAILED QUESTIONS. THAT'S FINE.

[01:30:05]

IF THE SCREEN IS ON UP RIGHT NOW. SHOWS ON THE LEFT HAND SIDE WAS WHAT OUR ORIGINAL APPLICATION SHOWED, AND MR. ANGARITA WAS JUST REFERRING TO NUMBER EIGHT ON THE LEFT HAND SIDE OF THE SCREEN. THAT WAS A LOCATION FOR THE FAMILY POOL THAT WAS ORIGINALLY PROPOSED.

WE HAVE ELIMINATED THAT LOCATION. AFTER DISCUSSING THE ISSUE WITH THE NEIGHBOR TO THE SOUTH, FRANKLY. AND SO THAT HAS BEEN ELIMINATED FROM OUR PROPOSAL ALTOGETHER. THE PROPOSAL TODAY BEFORE YOU IS SHOWN ON THE RIGHT HAND SIDE OF THE SCREEN. AND I'LL JUST ASK MISS MARTIN IF WE HAVE A COPY OF THAT THAT'S GOING TO BE INCLUDED WITH THIS RESOLUTION, BECAUSE I DON'T HAVE I DON'T HAVE THAT IN THE. DOCUMENT LABELED REVISED IN THE LIFE SAFETY PLANS, IT'S SHEET LS-016, WHICH IS THE LIFE SAFETY PLAN FOR THE HOTEL SIDE. IT IS THE LOCATION IS SHOWN. IT'S JUST THE, THE ONLY LABEL ON THERE IS THE FAMILY POOL. BUT SO RLS DASH 016 THE TITLE BLOCK DOES SAY LIVE ENTERTAINMENT FAMILY POOL, BUT IT SHOWS THIS LOCATION ON THAT LITTLE EVENT SPACE. IT DOES NOT SHOW THE LOCATION FORMALLY AS EIGHT. IT SHOWS THE NUMBER SIX LOCATION ON THE NEW PLAN, BUT IT IS TITLED STILL IN THE BLOCK AS FAMILY POOL. SO WHAT'S THE PROPER NAME FOR IT? I'M GOING WITH FAMILY POOL BECAUSE THAT'S WHAT'S ON THE PLAN. IT'S THE NORTH SIDE OF THE FAMILY POOL. MR. ANGARITA JUST CALLED IT THE BEACH TERRACE. IF THAT MAKES IF THAT'S IF WE'RE I WOULD I WOULD SAY FAMILY POOL BECAUSE THAT'S THE SET OF PLANS THAT'S IN YOUR RESOLUTION. AND THE SPECIFIC LIFE SAFETY PLAN FOR THIS LOCATION IS LABELED LIVE ENTERTAINMENT, SPECIAL EVENT PERMIT. I MEAN, IF YOU SAY BEACH TERRACE AND WE HAVE FAMILY, DON'T SAY BEACH TERRACE BECAUSE NO ONE'S GOING TO BE ABLE TO KNOW WHAT THAT IS ON A PLAN I WITHDRAWAL BEACH TERRACE, FAMILY POOL, CALL IT FAMILY POOL. IT'S WHAT'S IN OUR LIVES. YEAH IT DOES. WELL, THAT'S WHERE YOU'RE GOING TO HAVE AN OUTDOOR ENTERTAINMENT. CORRECT. NUMBER SIX. NUMBER SIX. YES. AND THAT IS WHAT IS SHOWN ON THE LIFE SAFETY. ON THE LIFE SAFETY. SO THAT IS THAT WILL NOT BE A SPECIAL EVENT, BUT THAT WILL BE A LOCATION FOR LIVE ENTERTAINMENT OUTDOORS. YES. RIGHT. RIGHT. CORRECT.

OKAY. IT'S ABOUT A FIVE BY FIVE DIMENSION SPACE. PERFECT. EIGHT, EIGHT BY EIGHT WITH A FIVE FOOT CLEARANCE, FIVE FOOT CLEARANCE. SO IT'S A, IT'S A SMALL AGAIN, I'M JUST TRYING TO CLEAR UP DETAILS. AND ALL OF THESE LIFE SAFETY PLANS ARE EXPRESSLY REFERENCED IN THE RESOLUTION.

SO IF ANYONE WERE EVER TO HAVE ANY QUESTION ABOUT EXACTLY WHERE AND THE DIMENSIONS AND ALL OF THE DETAILS OF EACH OF THESE LOCATIONS, GO STRAIGHT TO THE LIFE SAFETY PLANS THAT ARE REFERENCED EXPRESSLY IN THE DRAFT RESOLUTIONS THAT ARE IN YOUR PACKET. CORRECT. THAT'S WHAT THE FIRE MARSHAL WOULD TAKE WITH THEM IF THERE WAS A COMPLAINT. THAT'S WHAT ANYONE WOULD WOULD TAKE TO LOOK AT. OH, SO IS THAT EXHIBIT A? NO, NO IN SECTION TWO. SO THAT I DID PASS OUT A RESOLUTION THIS MORNING. THERE WAS AN ERROR IN THE DATE REFERENCE, BUT SECTION TWO OF THE RESOLUTION THAT YOU HAVE IN PAPER. YES. REFERENCES. THE TWO SETS OF PLANS. SO IT'S THE LIFE SAFETY PLANS FOR THE HOTEL SIDE AND THE LIFE SAFETY PLANS FOR THE LANDLORD SIDE. THOSE ARE THE PLANS WE'RE WE'RE TALKING ABOUT RIGHT NOW. SO THOSE WILL BE THE PLANS THAT WILL ESSENTIALLY BE GRANTED APPROVAL. AND THAT'S WHAT POLICE DEPARTMENT, THE FIRE DEPARTMENT, EVERYONE WOULD WOULD REFERENCE. SHOULD THOSE BE EXHIBIT B? SORRY, SHOULD THOSE BE. WE DON'T HAVE THEM AS EXHIBITS. IT'S JUST REFERENCE. BUT WE CAN. OKAY. OKAY. SO, MR. BROOKER, WHAT ARE YOU REFERRING TO THAT IT SPECIFICALLY IS IN THIS RESOLUTION, JUST SO IT'S IT'S FOR OUR POLICE AND FIRE. SO I BELIEVE MISS MARTIN HANDED OUT THE THE DRAFT RESOLUTION JUST BEFORE WE STARTED ON PAGE TWO AT THE VERY TOP OF THE PAGE, SECTION TWO, THERE'S A REFERENCE TO LIFE SAFETY PLANS DATED FEBRUARY 6TH, 2026. THOSE ARE ALL THOSE ARE THE GOVERNING DOCUMENTS. THOSE ARE THE LIFE SAFETY PLANS THAT STAFF HAS ON FILE. AND IF THE FIRE MARSHALL OR ANYONE ELSE HAS TO LOOK EXACTLY WHAT WAS APPROVED, THEY GO STRAIGHT TO THE LIFE SAFETY PLANS, WHICH HAS MUCH MORE DETAIL THAN THE PRETTY SLIDES WE'RE SHOWING TO YOU. THE COLOR SLIDES WE'RE SHOWING TO YOU TODAY AS PART OF THE PRESENTATION. THINGS LIKE THAT SHOULD BE ATTACHED. YEAH, FOR THE RECORD. AND THEY WILL BE. YEAH. EXHIBIT A IT'LL BE B. AND YEAH, THE WE ALWAYS ATTACH THE LIFE SAFETY PLANS TO THE RESOLUTION. SO THE LIFE SAFETY PLANS WILL BE EXHIBIT B. YES. AND THEN YOUR EXHIBIT A. I HAVEN'T EVEN GOT TO THE STAFF

[01:35:09]

REPORT. I'M GETTING DOWN. I JUST WILL GET BACK TO IT. I WANT TO MAKE SURE ALL OF THOSE LEGAL DESCRIPTIONS ARE ACCURATE AND STATE EXACTLY WHAT'S ON THAT LIFE SAFETY FAMILY POOL, NOT THE BEACH TERRACE. OKAY. ALL RIGHT. SORRY, COUNCIL, BUT THE RESOLUTIONS MAKE ARE IMPORTANT. ANY QUESTIONS FOR THE PETITIONER AGENT? I GOT ONE QUESTION. YES, COUNCILMEMBER, WHILE WE'RE TALKING ON THE BEACH SIDE. AND BY THE WAY, IT'S FANTASTIC PLAN AND GUYS DID A REALLY GREAT JOB WITH IT. BUT JUST MORE MAYBE A QUESTION FOR OUR PLANNER WHEN, YOU KNOW, WE HAVE THESE REGULATIONS ON LIGHTING FOR TURTLE NESTING SEASON, IS THERE ANYTHING IN THE EVENT SCHEDULE THAT AFFECTS THAT DURING THAT TIME OF YEAR? SURE. THAT THAT THAT'S SCALED BACK AND THAT IS CLEAR FOR THAT. THAT'S ONE OF THE CONDITIONS IN THE RESOLUTION WE DID. OUR NATURAL RESOURCES DEPARTMENT DID NOTE THAT. AND WE DO HAVE A A CONDITION NUMBER FIVE THAT SAYS LIGHTING MUST ADHERE TO ALL STATE AND CITY REGULATIONS, INCLUDING MARINE TURTLE PROTECTION REGULATIONS. SO NOT ONLY DOES THE THE PERMANENTLY INSTALLED LIGHTING, BUT IF THEY WERE TO TRY TO HAVE AN EVENT DURING TURTLE SEASON THAT WAS VISIBLE FROM THE BEACH, THEY WOULD. THEY WOULD THEN HAVE TO COMPLY. ALSO WITH THE TURTLE LIGHTING, THEY COULDN'T BRING IN ADDITIONAL LIGHTING THAT WOULD VIOLATE. THERE'S NO RESTRICTIONS ON EVENTS. IT'S BASICALLY ONLY THE LIGHTING. IS THAT RIGHT? THERE WOULD BE RESTRICTIONS ON EVENTS. I WOULD ASK NATALIE TO GIVE MORE DETAIL ON THIS, BUT ANYTHING YOU DO ON THE BEACH DURING TURTLE SEASON IS GOING TO HAVE. THAT'S WHY IT REQUIRES THE STATE PERMITTING, DEP PERMITTING TO ENSURE THAT NOTHING THAT THEY'RE DOING WOULD VIOLATE ANY OF THOSE REGULATIONS. BUT NATALIE, MUCH MORE. OKAY, THANKS FOR CLARIFYING THAT. THANK. HEY, I MEAN, I WAS LISTENING TO THE CONVERSATION, BUT LIKE, WHAT'S A SPECIFIC QUESTION OR CONCERN THAT YOU HAVE REGARDING THE LIGHTING? IT'S NOT THE LIGHTING IS THE EVENT POLICY. IS THAT AFFECT THE DOES THAT PERIOD OF TIME ALSO AFFECT EVENTS? SO WE REVIEW THE EVENT. YOU KNOW, THE APPLICATIONS IN THE SENSE OF ANY KIND OF LIGHTING FOR TURTLE SEASON. AND WE MAKE SURE THAT IT ADHERES TO OUR CITY CODE, YOU KNOW, RULES, REGULATIONS, AND MAKE SURE THAT, YOU KNOW, EVERYTHING KIND OF WORKS TOGETHER WITH THE SPECIAL EVENT. SO, I MEAN, WE GO THROUGH AND, AND WHERE THE LIGHTING THAT'S THEY'RE IN COMPLIANCE WITH AND ALL THAT. I'M JUST WONDERING IF EVENTS HAVE ANY RESTRICTIONS DURING THAT SEASON OTHER THAN LIGHTING, INCLUDING YOU CAN'T HAVE AN EVENT. IT'S JUST HOW WHERE YOU KNOW, THERE'S LIMITATIONS ON THAT EVENT. YEAH. IF IT'S CERTAIN TIMES OF THE YEAR, IT WOULD HAVE ADDITIONAL LIMITATIONS ASSOCIATED WITH TURTLES. AND THAT MAY NOT BE JUST LIGHTING. YOU KNOW, THERE MAY BE SOME STIPULATIONS ASSOCIATED WITH SAND MOVEMENT AND THAT TYPE OF THING. SO SAND MOVEMENT WOULD ALSO BE SCRUTINIZED DURING THAT TIME FRAME DURING TURTLE SEASON. SO WE LOOK AT EXACTLY WHAT'S GOING ON, YOU KNOW, WHAT'S PROPOSED, WHAT KIND OF THINGS. IF IT'S SAND CASTLES BEING BUILT, THAT'S A DIFFERENT CRITERIA, BUT IT WOULD STILL BE SOMETHING THAT WE WOULD HAVE TO LOOK AT FOR TURTLES. COMPLETE. THANK YOU. I HAVE COUNCIL, I MEAN VICE MAYOR AND THEN COUNCIL MEMBER. MAYOR, IF YOU WOULD ASCERTAIN THAT EVERYONE ON COUNCIL IS SATISFIED AT THIS POINT IN TIME THAT THEY ARE COMFORTABLE WITH THIS RESOLUTION, I'M PREPARED TO MAKE A MOTION. WE HAVEN'T EVEN GONE TO THE STAFF REPORT, PUBLIC COMMENT, OR WE STILL ARE IN THE MIDDLE OF THE HEARING.

OKAY. BLANKENSHIP. THANK YOU. COULD YOU JUST SHARE WITH COUNCIL AND THE PUBLIC WHAT WAS EXPLAINED TO ME ABOUT LOCATION? THE NEW LOCATION NUMBER SEVEN, WHICH IS ADJACENT TO A NEIGHBORHOOD AND HOMEOWNER, HOW YOU WERE ABLE TO SATISFY THAT RESIDENT OF ANY POTENTIAL NOISE CONCERNS. DIEGO. SO NUMBER SEVEN IS. IT'S ACTUALLY ELEVATED. THAT'S THE PRESIDENTIAL SUITE THAT IS UP ON THE SIXTH FLOOR OF THE BUILDING. YES. THE HOMEOWNER ON THE SOUTH SIDE, THE HOUSE MANAGER, CAME OVER. WE DID A TEST UP ON THE TERRACE WITH THE SPEAKERS THERE, AND HE WAS SATISFIED THAT THE VOLUME THAT WE WOULD USE OR ALLOWED TO USE UP IN THAT TERRACE AND FELT IT WAS IN A GOOD RELATIONSHIP THAT WE WOULD STAY IN TOUCH IF ANYTHING ELSE HAPPENED. CAN I JUST ASK, WAS THE THAT DECIBEL LIMITATION DIFFERENT FROM WHAT?

[01:40:03]

THE CODE. NO. I MEAN, ARE WE COMMITTING TO SOMETHING OTHER THAN. NO, WE'RE NOT. OKAY. SAME.

THANKS. I JUST THINK IT WAS IMPORTANT TO NOTE, SINCE THERE HAVE BEEN CONCERNS ABOUT THE LOCATIONS CLOSE TO HOMES. ABSOLUTELY. THE STEPS THAT YOU WENT THROUGH TO ENSURE THAT THERE WOULDN'T BE AN ISSUE. THANK YOU, THANK YOU. AND THEN QUESTIONS ON THE GOLF COURSE SITE OR I THINK WHAT'S CALLED THE LAND WORK SITE. SO MOST OF A LOT OF THAT AREA IS STILL UNDER CONSTRUCTION. WAGER ISN'T OPEN YET. THE GOLF COURSE IS OBVIOUSLY UNDER CONSTRUCTION ISN'T OPEN YET. THE I THINK FOR FOR RESIDENTIAL BUILDINGS ARE NOT HAVEN'T BEEN STARTED YET.

WHAT'S THE TIME FRAME ON HOW LONG IT'S GOING. CURRENT ESTIMATES. RIGHT. IT CAN CHANGE, BUT THE CURRENT ESTIMATE ON HOW LONG IT'S GOING TO TAKE TO COMPLETE THAT CONSTRUCTION. J NEWMAN OF THE, THE ATHENS GROUP DEVELOPER AND ALSO PART OF THE OWNERSHIP. GOOD TO SPEAK TO EVERYONE TODAY. SO BECAUSE THOSE ARE DEVELOPMENT OBLIGATIONS, AND I DON'T WANT DIEGO TO COMMIT TO SOMETHING THAT WE CAN'T ACCEPT BECAUSE WE ARE BEHIND SCHEDULE. THE GOLF COURSE IS NOW EXPECTED TO BE COMPLETED, AND THERE'S WORK ONGOING BY EARLY OF NEXT YEAR, 2027. WE'RE HOPING TO BE JANUARY. WE HAD BEEN WORKING TOWARDS FALL. ONE OF THE ISSUES WAS JUST THE HAUL ROAD THAT HAS BEEN IN PLACE TO MINIMIZE THE IMPACT. SO AS A RESULT, THAT'S PUSHED OUT THE GOLF COURSE COMPLETION SCHEDULE, WE ARE EXPECTING TO COMMENCE CONSTRUCTION, MAINLY SITE WORK, AND WE'RE DEMOBILIZING WHERE OUR TRAILERS ARE RIGHT NOW. WE EXPECT TO COMMENCE SITE WORK FOR THE FOUR RESIDENTIAL BUILDINGS SOMETIME IN THE SPRING. IT COULD SLIP A LITTLE INTO THE SUMMER AND THOSE WILL BE DONE MOST LIKELY IN MAYBE LATE 28, EARLY 29. SO THOSE ARE THE LAST COMPONENTS OF WHAT WE WHAT WE CALL THE CAMPUS, OTHERWISE KNOWN AS THE RESORT. ALL RIGHT. THANK YOU. THANK YOU. IT'S, YOU KNOW, WE HAVE THIS NORMAL CONDITION NOW THAT WE ADD, WHICH IS NUMBER 12, ABOUT A SIX MONTH REVIEW. IT GIVES US AN OPPORTUNITY, RESIDENTS, AN OPPORTUNITY TO KIND OF SEE HOW IT'S GOING AND MAKE ADJUSTMENTS IF NEED BE. BUT IT THE SEAWARD SIDE, OKAY, YOU'RE UP AND RUNNING. YOU CAN CHECK IT AND SEE HOW THINGS ARE GOING. BUT THE GOLF COURSE SIDE, I HAVE A CONCERN ABOUT, AND I THINK SOME OF THE NEARBY HOMEOWNERS HAVE A CONCERN ABOUT THAT. WE DON'T REALLY HAVE THE OPPORTUNITY TO SEE WHAT IT'S REALLY LIKE IN ACTION, BECAUSE OF THE ONGOING CONSTRUCTION AND THE LACK OF ACTIVITY IN THE SUMMER MONTHS ANYWAY HERE. SO I WONDER IF IT WOULD MAKE SENSE TO HAVE A DIFFERENT REVIEW PROCESS. MAYBE IT'S AN ANNUAL REVIEW PROCESS. SO AROUND EVERY 12 MONTHS UNTIL CONSTRUCTION IS COMPLETED, AND THEN WE CAN HAVE ONE FINAL REVIEW AND AND BE DONE. I KNOW SOMEONE SUGGESTED EVERY SIX MONTHS I THOUGHT THAT MIGHT BE TOO FREQUENT, BUT EVERY 12 MONTHS GIVES US A CHANCE, THE RESIDENTS A CHANCE TO SEE HOW IT'S ACTING, HOW IT'S OPERATING IN ACTION. AND ONCE THE BUILDINGS ARE ALL COMPLETE, WE CAN KIND OF SEE HOW EVERYTHING WORKS WELL TOGETHER. IS THAT SOMETHING THAT YOU GUYS COULD CONSIDER WEAR? AND WE'LL DEFER TO THE COUNCIL'S WILL IN THAT REGARD. WHAT THE CODE REQUIRES. IT'S A CONDITION IN THE DRAFT RESOLUTION, BUT THE CODE REQUIRES A SIX MONTH REVIEW AFTER THE APPROVALS ARE GRANTED UNDER THE CIRCUMSTANCES. BUT THE GOLF COURSE UNDER CONSTRUCTION, WE REALLY DON'T KNOW WHAT THE WHAT IT'S GOING TO BE LIKE. SO WHAT WE WERE JUST DISCUSSING WHILE YOU WERE TALKING WAS PERHAPS SIX MONTHS AFTER THE GOLF COURSE IS COMPLETE FOR THAT OUTDOOR PORTION OF OF THE APPROVAL, WE WOULD COME BACK FOR REREVIEW JUST AS A PROPOSAL TO THIS ISSUE. I CAN UNDERSTAND THAT, BUT I WOULD RECOMMEND THAT WE WAIT FOR ALL THE BUILDINGS BECAUSE THEY'RE GOING TO AFFECT THE SOUND PROFILE. YOU KNOW, THE EXTENT THE WAY SOUND BOUNCES AROUND BETWEEN BUILDINGS, AND IT JUST SEEMS LIKE WE'LL BE ABLE TO SEE THE WHOLE OPERATION AT THAT POINT IN TIME. AND MY SORRY. YEAH, I'LL FILL THIS ONE. THANK YOU.

CLAY. YEAH, I THINK THAT'S PRUDENT BECAUSE UNTIL YOU HAVE THE CAMPUS COMPLETED, AS YOU'RE SAYING, VICE MAYOR, YOU DON'T KNOW HOW ALL THESE THESE POTENTIAL USES MIGHT INTERACT

[01:45:03]

WITH THAT. SO WE'RE COMFORTABLE WITH THAT CONDITION. OKAY. JUST TO BE CLEAR, IS THAT ONLY LOCATION NUMBER FOUR OR IS THAT ALL OF THE OUTDOOR LOCATIONS ON THE LAND? IT'S ALL FOUR LOCATIONS, ALL FOUR LOCATIONS ON LAND. MAYOR, IF MAYOR, IF I MAY, MR. DICKMAN, BECAUSE WE ONLY READ INTO THE RECORD ONE RESOLUTION AND NOT TWO, I THINK WE NEED TO TALK ABOUT THE THE OUTDOOR PART OF THIS FIRST AND THEN THE INDOOR PART. SO I DON'T I DON'T WANT TO MIX THE RECORD. I KNOW WE'RE ONLY TALKING ABOUT THE OUTDOOR LOCATIONS ON THE GOLF COURSE SITE. OKAY. ALL RIGHT. YEAH, YEAH. AND THAT'S ANNUALLY FOLLOWING THE DATE OF APPROVAL.

YEAH. WELL, WAIT A MINUTE. BUT THE RECOMMENDATION OF MR. NEWMAN IS VERY WISE AND WAITING UNTIL THAT'S COMPLETE. SO, I MEAN, IT'S IN OUR CODE FOR SIX MONTHS. IT SHOULD STAY SIX MONTHS, BUT IT SHOULD BE IN ADDITION TO THAT ANNUALLY FROM NOW UNTIL THE COMPLETION OF THE LAST BUILDING. SO THAT WOULD BE IN 2029 PERHAPS, OR 2028, WHENEVER THE LAST BUILDING IS DONE. ONE FINAL REVIEW, BECAUSE THE CONCERN IS GOLF COURSE IS FINISHED. IF WE DID A FINAL APPROVAL THEN AND THEN THE BUILDINGS ARE FINISHED, THEY CAN AFFECT THE LAYOUT. SO MR. NEWMAN, TO ME, APPROVING SOMETHING THAT ISN'T COMPLETE, IT IS A VERY DIFFICULT SITUATION. SO COMING BACK FOR THOSE PARTICULAR LOCATIONS WOULD MAKE MORE SENSE. WELL, BUT WE WILL BE USING THOSE LOCATIONS PRIOR TO COMPLETION. SO THAT'S WHY WE ARE SEEKING THE APPROVAL NOW. BUT WE HAVE NO PROBLEMS DOING A REVIEW AT A LATER DATE. BUT THOSE, THOSE LOCATIONS ARE ATTRACTIVE. OKAY. AND SO WE WOULD USE THEM BEFORE THE EVEN THE GOLF COURSE IS COMPLETED OR THE, THE PHASE TWO BUILDINGS ARE COMPLETED. SO THAT'S WHY THE PERMIT IS BEING REQUESTED TODAY. SO THIS WOULD EFFECTIVELY MAKE IT SOME ON THE GOLF COURSE SIDE, SOMEWHAT OF A TEMPORARY ANNUAL PERMIT. AND THEN IT WOULD BE FINALIZED ONCE CONSTRUCTION IS FINISHED. AND WHEN YOU WHEN JUST BECAUSE I HAVE TO BE VERY SPECIFIC IN THE RESOLUTION, COMPLETION OF ALL BUILDINGS. THAT'S ALL. ALL THE GOLF COURSE BUILDINGS, ALL OF THE RESIDENTIAL BUILDINGS, ALL OF THE BUILDINGS. OR ARE WE SPECIFIC TO CERTAIN. TO ME, IT'S THERE'S A LOT OF PHASES LEFT. THE THE BUILDINGS. RIGHT. I GUESS THE CLUBHOUSE IS FINISHED MARKET BUILDINGS FINISHED, BUILDING IS FINISHED. IT'S THE FOR THEIR FOR PLANNED AND APPROVED RESIDENTIAL TOWERS.

YEAH. YEAH. I WOULDN'T CALL THEM TOWERS, BUT YES, THE FOUR BUILDINGS. PHASE TWO RESIDENTIAL. THIS IS NOT MIAMI. YEAH. BUT THE THE RESIDENTIAL BUILDINGS. YEAH. WHAT WE CALL PHASE TWO RESIDENTIAL BUILDINGS. THERE ARE A COUPLE OF GOLF IMPROVEMENTS, ONE OF WHICH IS A COMFORT STATION, SOMETHING THAT IS CALLED THE SHED. THOSE ARE SINGLE STOREY SMALL STRUCTURES.

JUST FOR THE RECORD, TO AVOID ANY CONFUSION, THOSE BUILDINGS ARE IN THE PROCESS OF BEING CONSTRUCTED NOW, BUT IT'S REALLY THOSE FOUR MAJOR BUILDINGS. YEAH. AND AS I UNDERSTAND, THERE'S NO PROPOSED LIVE ENTERTAINMENT ON THE GOLF COURSE. THE GREENS, THE CORRECT CONSERVATION EASEMENT. NOT AT THIS TIME, NO, NOTHING. NOTHING WE DO. JUST FOR THE RECORD, AGAIN, WE HAVE TWO SPACES THAT WE WILL COME BACK TO YOU TO HAVE YOU CONSIDER THOSE TWO SPACES ON THE IN THE GOLF COURSE AREA. BUT THAT'S NOT THE SUBJECT OF TODAY'S APPLICATION.

TWO SPACES, TWO SPACES FOR LIVE ENTERTAINMENT WHERE THE SHED IS, WHICH IS WHERE NEXT TO THE DRIVING, WE CALL IT THE SHED. IT'S NEXT TO THE DRIVING RANGE. THERE WILL BE A SNACK BAR THERE.

IT'S ANTICIPATED THAT WE MIGHT ALSO HAVE A SMALL EVENT THERE WITH ACCOMPANIED BY SOME MUSIC, SOME BACKGROUND MUSIC. SO WE WOULD COME BACK TO YOU FOR THAT LIVE ENTERTAINMENT PERMIT. IT WAS VICE MAYOR BLANKENSHIP, BEFORE YOU CAME BACK TO THE COUNCIL, WE THAT WAS AT THE EARLIER HEARING. AND TO SIMPLIFY THINGS, WE ELIMINATED THOSE TWO LOCATIONS FROM THIS APPLICATION FOR THIS HEARING. OKAY. THANK YOU. AND LAST QUESTION TO CONFIRM WHAT I THINK I HEARD. THIS REQUEST. THIS APPROVAL, IF GIVEN TODAY, DOESN'T PERMIT ANY SEPARATELY TICKETED EVENTS LIKE BAND CONCERTS OR ANYTHING, THOSE WOULD HAVE TO GO THROUGH A SPECIAL, A SEPARATE SPECIAL PERMIT APPLICATION PROCESS. YOU ARE CORRECT. AND FOR THAT, THIS RECORD, WE ARE NOT CONTEMPLATING THAT AT ALL. BUT NEVER SAY NEVER. BUT THIS IS A

[01:50:02]

FOUR SEASONS AND UNLIKE THE THE PREVIOUS OPERATION, WHICH YOU KNOW, THE WATKINS FAMILY DID A TERRIFIC JOB AND IT WAS SUCH AN IMPORTANT PART OF THE FABRIC OF THE COMMUNITY. YES, THEY DID DO TICKETED EVENTS AND LARGE SCALE CONCERTS, BUT THAT'S NOT WHAT FOUR SEASONS IS ALL ABOUT. I ONE LITTLE REMINDER, WE ALSO HAVE RESIDENTS ON BOTH SIDES OF THE PROPERTY, AS WE TALKED ABOUT PHASE TWO, AND OBVIOUSLY WE HAVE THE BEACHSIDE RESIDENTS. THEY WILL BE LIVING AT THE AT THE RESORT. THEREFORE, THEY ARE KIND OF THE PROVERBIAL CANARY IN THE COAL MINE. THEY'RE GOING TO BE POTENTIALLY MOST IMPACTED, MORE SO THAN ANY NEIGHBORS WOULD BE, BECAUSE THEY'RE RIGHT NEXT TO ANY ACTIVITY THAT MIGHT, MIGHT TAKE PLACE. AND THEY ARE SOME OF OUR MOST IMPORTANT GUESTS. ALTHOUGH EVERYBODY IS IMPORTANT TO THE TO THE FOUR SEASONS IN US. RIGHT. THANK YOU.

I JUST WANT TO CLARIFY FOR YOU, VICE MAYOR. AND THEN I HAVE KRAMER, THE. REFERENCE IS FOR ITEM FOUR AND THREE. I'M TALKING THE GOLF SIDE G O L F THAT LIFE SAFETY PLAN IS LSO2.

OH, AND YOU'RE TALKING HOW MANY APPROVALS ON THAT ONE? FOUR. THREE. THE WAY THE LIFE SAFETY PLAN IS THE DOCUMENT IS HOTEL REVISED OUTDOOR LIFE SAFETY PLAN IN YOUR THAT'S HOW IT'S LABELED IN THE PACKET. AND THEN THE WAY THEY'VE DONE THIS IS THERE'S AN OVER AN OVERALL PLAN THAT SHOWS ALL THE LOCATIONS. AND THEN THEY'VE GIVEN INDIVIDUALLY A ZOOMED IN VERSION OF EACH OF THE LOCATIONS. RIGHT. I HAVE THE OVERALL AS BEING LSO15. YEP.

AND THEN IF YOU GO TO THE GULF SIDE IT WOULD BE LSO2. OH. SORRY, I HAVE TO. SORRY BECAUSE I JUST THE LOCATION OF NUMBER FOUR AND NUMBER THREE ARE VERY CLOSE TO GOLF DRIVE. IF I UNDERSTAND THIS LIFE SAFETY PLAN. YES YOU ARE CORRECT. THAT IS THE REFERENCE LSO2. OH YEAH.

SO THERE'S FOUR IS THE GOLF CLUB, THE CLUBHOUSE LAWN. THREE IS I DON'T KNOW WHAT YOU CALL THAT. OH, THE CAMELLIA TERRACE. CORRECT. IT'S PRONOUNCED THAT AGAIN. CAMELLIA CAMELLIA MISPRONOUNCING CAMELLIA C A M. PERFECT. OKAY, SO THAT'S NUMBER THREE. AND THE OTHER PIECE OF ON THE. TERRACE WAGER. WAGER. YEAH. THE WAGER. WHICH ONE. AND THEN THE. AND THEN THAT'S NUMBER TWO. AND THEN THE OTHER IS SOMETHING LAWN NUMBER ONE, JUST A REGULAR LAWN ON THE LANDWARD SIDE. NUMBER TWO IS THE WAGER OUTDOOR WAGER. WAGER THREE IS CAMELLIA TERRACE, AND FOUR IS WHAT WE REFER TO AS THE CLUBHOUSE LAWN. GREAT. I'LL JUST SAY FOR THE RECORD, I HAVE A CONCERN ABOUT DOING THREE AND FOUR RIGHT NOW BEING SO CLOSE TO GOLF DRIVE. I UNDERSTAND THE VICE MAYOR'S CAN, YOU KNOW. LOOKING TO WHERE IT'S COMPLETE, I FEEL MORE COMFORTABLE WITH JUST THREE AND NOT FOUR. BUT I UNDERSTAND THAT IT'S A VERY. DESIRABLE PLACE, BUT IT'S ALSO RIGHT NEXT TO THE TO MORE NEIGHBORS. AND ANYWAY, WITH THAT, I'M GOING TO GO TO KRAMER.

THANK YOU MAYOR, I. SUSIE AND I WENT AND WALKED TO THE SUNSET BAR LAST WEEK. IT'S FANTASTIC.

IT'S COOL. I GOTTA SAY, SOME OF THE HAND-WRINGING FROM WHOMEVER JUST IS LAUGHABLE TO ME. WE DID GOLF TOURNAMENT. I HAD, I DON'T KNOW HOW MANY GOLF TOURNAMENTS THERE, AND IT'S 730 IN THE MORNING. WE WENT AND SET UP OUR SPEAKERS. THERE WERE NO PERMITS. WE CRANKED THOSE THINGS. IF IT WENT TO 11, THAT'S WHAT WE PUT IT ON LIKE LIKE SPINAL TAP. BUT EVERYONE THOUGHT NEVER ONE COMPLAINT. AND THE FACT IS, THE RESIDENTS ARE IS IT THE FOUR SEASONS RESIDENTS? IS THIS WHAT THOSE ARE CALLED OR IS THERE A DIFFERENT BRAND ON THOSE? CORRECT. YEAH. THE FORCE THERE, THE RESIDENTS, PEOPLE ON THE NORTH SIDE THAT ARE FUSSING ABOUT POTENTIALLY ANOTHER PREEMPTIVELY FUSSING. YOU GOT TO GO THROUGH ALL THE PEOPLE THAT LIVE THERE FIRST TO GET TO YOU. THAT'S ABSURD TO ME, QUITE HONESTLY. WE HAVE BUMPERS IN PLACE ALREADY SET BY PREVIOUS

[01:55:05]

COUNCILS AND CITY CODE THAT WILL TAKE CARE OF ANYTHING THAT IS OUT OF BOUNDS. THAT'S A. AND I GUARANTEE WE'LL GET PHONE CALLS BECAUSE I DON'T KNOW IF YOU REMEMBER WHEN THIS WHEN WE WERE FIRST TALKING ABOUT THIS AND I WAS ASKED TO COME TO CITY COUNCIL MEETING BACK WHEN I WAS COACHING AND I. AND I TURNED TO THE ATHENS GROUP AND I SAID, WE CALL THIS A HOSTILE ENVIRONMENT.

WELL, THAT HASN'T CHANGED BECAUSE THIS IS SILLY. YOU'VE CROSSED EVERY T DOTTED EVERY I ALL THE BUMPERS ARE IN PLACE. HERE'S WHAT ELSE FOR PEOPLE THAT LIVE HERE TO REMEMBER THE MUSIC ON THE GREEN LIKE IT USED TO. THUMP. THAT WAS AWESOME. IT WAS A BLAST. YOU. WHEREVER YOU COULD FIND PARKING, YOU WOULD HEAR IT GETTING OUT OF YOUR VEHICLE. I MEAN, IT WAS COOL.

THAT'S NEVER GOING TO HAPPEN AGAIN. THAT'S NOT WHAT THIS PLACE DOES. AND I'M SITTING THERE AT THE SUNSET BAR WITH SUSIE AND I'M LIKE, WELL, THIS IS A WHOLE DIFFERENT DEAL HERE.

IT'S GREAT. IT'S GREAT. IT'S JUST ENTIRELY DIFFERENT. LIKE I SAID, THE BUMPERS ARE IN PLACE.

YOU'VE CROSSED EVERY T DOTTED EVERY I I'M WITH COUNCILWOMAN PITTMAN THAT WE NEED TO PROVE THIS AS IT IS. WE NEED TO MOVE WITH WITH THE CONDITIONS OF REMOVING THE PERMANENT SPEAKERS, WHICH MAKES PERFECT SENSE AND MOVE FORWARD. WE'RE NOT TALKING ABOUT SPECIAL EVENTS HERE.

SPECIAL EVENTS OR SPECIAL EVENTS SHOULD GO THROUGH THAT PROCESS IF AND WHEN IT HAPPENS.

AND SO FAR IT HASN'T HAPPENED. AND MAY I ASK, I MEAN, HOW MANY WE'VE BEEN WORKING FOR, HOW MANY MONTHS WITH THE CITY MANAGER WITH LIVE MUSIC THERE? NOT ONE COMPLAINT, NO ZERO ISSUES. ANYONE THAT WALKS IN THE PROPERTY SAYS THIS PLACE IS IMMACULATE AND AMAZING. AND DO WE THINK IT'S GOING TO CHANGE SOMEHOW WHEN AND IF IT DOES? LET'S JUST SUPPOSE YOU ALL LOSE YOUR MINDS AND MAKE IT MY KIND OF PLACE, RIGHT? WE'RE GOING TO GO STRAIGHT. TRAILER PARK TRASH.

THAT'S ME. AND THEN WHAT? THEN CITY COUNCIL GET INVOLVED BECAUSE WE'VE GOT PLENTY COMPLAINTS AND WE'LL FIX IT. THAT'LL HAPPEN. ALL THAT'S ALL THAT, ALL THOSE BUMPERS, ALL THOSE SAFEGUARDS ARE IN PLACE ALREADY. AND AS SOON AS WE'RE READY, IF COUNCILWOMAN IS READY TO MAKE A MOTION, WHY DON'T YOU THINK WE NEED TO DO THAT? MOVE THIS FORWARD. COUNCIL MEMBER KRAMER, I RESPECT YOU, BUT I DO NOT RESPECT THE FACT THAT YOU SAY I'M BEING HOSTILE, AND I THE ONLY PERSON WHO'S. WELL, YOU SAID A HOSTILE ENVIRONMENT. I JUST I'M NOT GOING TO GET DOWN AND HAVE AN ARGUMENT WITH YOU. BUT THIS IS NOT HOSTILE, IN MY OPINION. THIS IS JUST CLARIFYING THE RECORD THAT'S GOING TO BE IMPORTANT FOR THE POLICE DEPARTMENT AND THE FIRE DEPARTMENT, AND UNDERSTANDING WHERE THESE LOCATIONS ARE AND CLARIFYING AREAS THAT ARE NOT COMPLETE ON WHETHER THEY SHOULD BE APPROVED AS OF RIGHT NOW. AND I'M SORRY. YES, MA'AM. I RESPECT YOU TOO. SO JUST TO CLARIFY THE RECORD, THE HOSTILE ENVIRONMENT THAT I'M TALKING ABOUT THAT EXISTS, ARE PEOPLE IN THIS COMMUNITY THAT FROM THE OUTSET HAVE HATED THIS PROJECT AND HAVEN'T CHANGED THEIR MINDS? THAT'S WHAT I'M TALKING ABOUT. AND THAT EXISTS WHETHER YOU KNOW THEM OR NOT. I'VE TALKED TO THEM. OH, WELL. SO THERE, I'LL GIVE YOU THAT. IT HAS NOTHING TO DO WITH YOU. HERE'S WHAT ELSE THE REQUIREMENTS FOR THAT YOU WANT POLICE AND FIRE TO BE AWARE OF. THEY ALREADY SIGNED OFF ON THIS. THANKS. GOT A BOW ON IT. IT'S READY TO GO.

THEY'VE ALREADY SIGNED OFF ON. AND THEY KNOW THEIR BUSINESS WAY BETTER THAN WE DO. THANKS.

THANK YOU. COUNCIL MEMBER BARTON, JUST REAL QUICK, TO THE PETITIONER, THERE'S BEEN A WHOLE BUNCH OF DISCUSSION ABOUT SPECIAL EVENTS TODAY. YOU UNDERSTAND THAT THIS LIVE ENTERTAINMENT PETITION TODAY THAT WE'RE DISCUSSING HERE TODAY WILL HAVE NO IMPACT ON POTENTIAL SPECIAL EVENTS THAT YOU MIGHT WANT TO HAVE ON THE PROPERTY. IS THAT UNDERSTAND? THAT'S UNDERSTOOD. CORRECT? CORRECT. OKAY, GOOD. IN REFERENCE TO THE THAT THAT'S BRIEFLY BEEN DISCUSSED. AND I UNDERSTAND THAT ULTIMATELY, WHEN WE DO MAKE A MOTION, WE WILL DISCUSS WHAT WE'RE GOING TO PUT IN HERE AS AS CONDITIONS. BUT I JUST WANT TO TOUCH ON VICE MAYOR'S CONCERN ABOUT THE. THE SIX MONTH LOOK BACK. THERE WE GO. THE SIX MONTH REVIEW.

WHAT I WOULD SUGGEST, I DON'T THINK WE NEED TO DO AN ANNUAL TEMPORARY ANNUAL REVIEW. I THINK WHAT WE SHOULD DO AND AS AS THE PETITIONER HAS ALREADY ACCEPTED THAT THIS WOULD BE ACCEPTABLE WOULD TO MOVE FORWARD WITH THE UNDERSTANDING THAT THERE WILL BE A FINAL SIX MONTH REVIEW ONCE PHASE TWO, THOSE THOSE PARTICULAR BUILDINGS THAT ARE IN PHASE TWO, THOSE RESIDENTIAL BUILDINGS ARE COMPLETE. AND I THINK THAT MAKES PERFECT SENSE. YOU KNOW, ONCE THOSE BUILDINGS ARE UP, SOUND CAN BOUNCE OFF OF THEM AND GO DIFFERENT DIRECTIONS.

AND, AND I JUST THINK THAT I DON'T THINK WE NEED TO DO THIS, MAKE IT MORE COMPLICATED AND MORE ARDUOUS THAN IT NEEDS TO BE. BUT WE DON'T NEED TO DISCUSS THIS EVERY 12 MONTHS.

LET'S GET THOSE THINGS DONE. AND THEN WITH THE UNDERSTANDING THAT THERE WILL BE A FINAL SIX MONTH REVIEW AT ONCE, THOSE ARE COMPLETE, I THINK WOULD BE SUFFICIENT IN THIS SCENARIO.

AND THEN WHAT I WOULD SAY AS FAR AS LOCATIONS ON THE ON THE GOLF COURSE SIDE AND THE

[02:00:02]

MAYOR'S CONCERN ABOUT THE THE TWO LOCATIONS BEING OVER THERE TO THE TO THE SOUTH. JUST KEEP IN MIND ALSO THAT THOSE SPEAKERS ARE GOING TO BE DIRECTED AWAY FROM THOSE RESIDENTIAL HOMES. SO IT'S NOT GOING TO BE BLASTING TOWARDS THEM. IT'S GOING TO BE BLASTING IS THE WRONG WORD. THEY'RE NOT GOING TO BE PLAYING MUSIC TOWARDS THEM. THEY'RE GOING TO BE PLAYING MUSIC TOWARDS THE THE LAWN IN THIS CASE, WHICH IS AGAIN, AWAY FROM THOSE RESIDENCES. SO I DON'T THINK THERE'S GOING TO BE AN ISSUE WITH EITHER ONE OF THOSE.

THAT'S ALL I HAVE. MADAM MAYOR, I RECOGNIZE THIS IS A QUASI JUDICIAL MEETING, BUT BUT I DO THINK IT'S IMPORTANT THAT WE HEAR FROM STAFF. WHAT I WOULD RESPECTFULLY REQUEST IS IF WE TAKE A FIVE MINUTE BREAK TO HANDLE AN ADMINISTRATIVE MATTER AND THEN NOT RELATED TO THIS IN ANY WAY, AND THEN AND I APOLOGIZE FOR THE INCONVENIENCE, BUT AND THEN WE RECONVENE AND AND HAVE STAFF MAKE THEIR PRESENTATION, THEN COMPLETE THIS ITEM. THANK YOU. GOOD RECOMMENDATION. IT IS 1032 AND WE'LL TAKE A OKAY, WE'RE BACK FROM OUR BREAK AND CONTINUING ON WITH 11 A AND WE'LL GO TO THE STAFF REPORT. ALL RIGHT. GOOD MORNING. MAYOR ERIC MARTIN, PLANNING DIRECTOR SORRY, I WAS GOING TO SAY CITY COUNCIL. WE HAVE BEFORE YOU TODAY A LIVE ENTERTAINMENT REQUEST. THIS IS FOR THE NAPLES BEACH HOTEL. IT'S PETITION 20 6-L3. THIS IS ESTABLISHING AMPLIFIED OUTDOOR LIVE ENTERTAINMENT ON THE PROPERTY. THIS IS. AS YOU KNOW, THE NAPLES BEACH HOTEL OPERATED THE PRIOR VERSION OF NAPLES BEACH HOTEL OPERATED FOR OVER 70 YEARS ON. THIS PROPERTY THEN HAS NOW BEEN REDEVELOPED AS THE CURRENT NAPLES BEACH HOTEL. IN THE FOUR SEASONS YOU HAVE THE TWO PORTIONS OF THE PROPERTY THAT ARE FOR REVIEW TODAY ARE THE HOTEL PORTION, WHICH IS THE R3T 18 SECTION WEST OF WILSHIRE BOULEVARD, AND THEN WHAT WE CALL THE MARKET SQUARE CLUBHOUSE PORTION OF THE PROPERTY ON THE EAST SIDE OF GULF SHORE. AND THAT IS ALSO OUR THREE T 18. THE R3T 18 DISTRICT DOES PROVIDE THROUGH THE CONDITIONAL USE PROCESS FOR USES SUCH AS TRANSIENT LODGING FACILITIES AND RESTAURANTS AND COCKTAIL LOUNGES. THOSE WOULD BE APPROVED THROUGH CONDITIONAL USE. THEY WERE APPROVED FOR THIS PROPERTY AND SO THEY. THE BEACH HOTEL IS ASKING TODAY FOR APPROVAL OF LIVE ENTERTAINMENT ACCESSORY TO THAT HOTEL AND THE THE RESTAURANT, THE ANCILLARY RESTAURANT, THE. THIS WAS BEFORE YOU ORIGINALLY IN JANUARY WAS CONTINUED AT AT THAT MEETING AND WAS WELL, I GUESS BACK UP. THERE IS A LONG HISTORY OF LIVE ENTERTAINMENT ON THIS SITE. I DID INCLUDE IN YOUR STAFF REPORT THE LIVE ENTERTAINMENT HISTORY FOR THE BEACH HOTEL, A NUMBER OF RESOLUTIONS GOING BACK TO 2003, 2004, FIVE, SIX, SEVEN AND EIGHT. OBVIOUSLY THOSE ARE NO LONGER APPLICABLE. THE CODE REQUIRES THAT WHEN YOU HAVE A CHANGE OF BUSINESS, CHANGE OF OWNER, OR CHANGE TO A LIFE SAFETY PLAN, THAT THAT DOES REQUIRE THE APPROVAL OF A NEW LIFE SAFETY PERMIT. SO THAT OR LIVE ENTERTAINMENT PERMIT, I'M SORRY, A NEW LIVE ENTERTAINMENT PERMIT. AND THAT'S WHAT'S BEFORE YOU TODAY. LIKE I SAID, THIS WAS ORIGINALLY HEARD AT THE JANUARY 21ST MEETING. THAT REQUEST WAS FOR INDOOR AND OUTDOOR LIVE ENTERTAINMENT. AT THAT TIME, CITY COUNCIL VOTED TO CONTINUE THE ITEM TO THE FEBRUARY MEETING AND DETERMINED THAT A SEPARATE APPLICANT THAT THE TWO SHOULD BE SEPARATED OUT SO THAT WE SHOULD MOVE FORWARD WITH A SEPARATE PERMIT FOR OUTDOOR AND INDOOR. THE BEACH HOTEL. THEY DID SUBMIT AN INDOOR. BUT DUE TO THE TIMING OF THAT, IT WAS FURTHER CONTINUED TO THIS MEETING. SO NOW YOU HAVE TWO SEPARATE REQUESTS, ONE FOR OUTDOOR, ONE FOR INDOOR. THIS IS THE REQUEST FOR THE OUTDOOR LIVE ENTERTAINMENT. A FURTHER REQUEST FROM COUNCIL WHEN THIS WAS CONTINUED IN JANUARY WAS THAT THE PETITIONER WORKED WITH THE NEIGHBORHOOD. THERE WERE SOME CONCERNS ABOUT THE PROPOSAL THAT WAS BEFORE YOU, BEFORE IT WAS MUCH MORE BROAD AND I WOULD SAY MAYBE A LITTLE OPEN ENDED. THEY HAVE SINCE THEN, BETWEEN THAT MEETING AND TODAY, THEY HAD MET WITH THE NEIGHBORHOOD. I DID PROVIDE IN THE AGENDA PACKET WHAT THEY HAD GIVEN TO ME, WHICH WAS EVIDENCE OF THOSE MEETINGS THAT THEY HAD. THEY HAD TWO SEPARATE MEETINGS IN FEBRUARY, ON FEBRUARY 3RD AND FEBRUARY 5TH, WITH THE NEIGHBORHOOD. AS A RESULT OF THE FEEDBACK THAT THEY GOT FROM THOSE MEETINGS AND THEN ALSO FROM THE FIRST CITY COUNCIL HEARING, THEY DID MAKE A NUMBER OF REVISIONS TO THEIR REQUESTS. THEY REDUCED THE NUMBER OF EVENTS, THE NUMBER OF OUTDOOR EVENTS ARE THE NUMBER OF OUTDOOR LOCATIONS THEY REDUCED TO 11. THEY DID REDUCE THE NUMBER OF CONCURRENT EVENTS. THEY ARE NOW IMPOSING A LIMITATION ON THEMSELVES OF.

THERE WILL BE NO MORE THAN TWO CONCURRENT EVENTS ON THE LANDWARD SIDE AND TWO

[02:05:01]

CONCURRENT EVENTS ON THE SEAWARD SIDE. WE'LL SAY THEY DID REMOVE THE PROPOSED LOCATIONS WITHIN THE RESIDENTIAL PORTION OF THE PLANNED DEVELOPMENT AND THE GOLF COURSE, AND THEN THEY COMMITTED TO USING STANDARDIZED AV EQUIPMENT, A SOUND LIMITER AND DECIBEL METERS AT THE PROPERTY LINES TO ENSURE COMPLIANCE WITH THE NOISE STANDARDS. SO THE REQUESTED HOURS OF THE LIVE ENTERTAINMENT THAT'S BEFORE YOU TODAY, IT'S SEVEN DAYS PER WEEK. IT'S FROM 9 A.M. TO 11 P.M. IN MULTIPLE LOCATIONS. HOWEVER, LIMITING THAT WHILE THERE ARE MULTIPLE LOCATIONS ALLOWED, THEY WILL ONLY USE TWO AT A TIME. IN EACH OF THOSE SECTIONS, WE DID NOTICE THIS. WE DID SEND A NOTICE TO ALL PROPERTY OWNERS WITHIN 1000FT OF THIS PROPERTY. WE DID RECEIVE A NUMBER OF EMAILS AND LETTERS THAT IS ALL INCLUDED IN YOUR IN YOUR AGENDA PACKET. I WILL SAY WHAT'S INCLUDED IN YOUR AGENDA PACKET IS WHAT WE HAD AT THE DATE THAT THIS WAS PUBLISHED. SO I AM AWARE THAT POTENTIALLY COUNCIL HAS RECEIVED ADDITIONAL CORRESPONDENCE THAT WILL ALSO BE INCLUDED IN THE RECORD. BUT WHAT'S IN YOUR PACKET WAS AS OF THE DATE OF PUBLICATION, WE DID SEND THIS REQUEST OUT TO THE FIRE RESCUE DEPARTMENT, CODE ENFORCEMENT, POLICE DEPARTMENT, AND THE NATURAL RESOURCE DEPARTMENT. WE INCLUDED ANY COMMENTS THAT WE GOT FROM THOSE DEPARTMENTS. POLICE DID NOT HAVE ANY COMMENTS. CODE ENFORCEMENT DID NOT HAVE APPLICABLE VIOLATIONS. FIRE RESCUE REVIEWED THIS. THE LIFE SAFETY PLANS THAT ARE REFERENCED IN YOUR RESOLUTION THAT ARE INCLUDED IN YOUR PACKET HAVE BEEN REVIEWED AND APPROVED BY THE DEPUTY FIRE CHIEF, ACTING AS THE FIRE MARSHAL FOR CONSISTENCY WITH LIFE SAFETY REGULATIONS AND NATURAL RESOURCES, HAD A NUMBER OF COMMENTS RELATED TO TURTLE, TURTLE LIGHTING AND BEACH ACTIVITIES. WE DID INCLUDE THOSE AS CONDITIONS IN THE RESOLUTION. THAT'S BEFORE YOU.

AGAIN, PLEASE REFERENCE THE RESOLUTION I PASSED OUT THIS MORNING. THERE WAS A CORRECTION TO SECTION TWO, WHICH WAS THE DATE OF THE LIFE SAFETY PLANS THAT ARE IN YOUR PACKET, BUT YOU WOULD SEE THOSE CONDITIONS FROM THE NATURAL RESOURCES DEPARTMENT. STAFF REVIEWED THIS AGAINST THE APPLICABLE CRITERIA, FINDING THAT IT IS CONSISTENT, SUBJECT TO THE CONDITIONS THAT ARE IN THAT RESOLUTION. I THINK WE WILL BE MAKING SOME CHANGES TO THOSE CONDITIONS. NUMBER ONE, REQUESTED REVISION IS THAT IN CONDITION NUMBER TEN, WHICH IS WHICH REFERENCES THAT ALL AMPLIFIED MUSIC SHALL COME FROM PERMANENT SPEAKERS INSTALLED ON THE PROPERTY. THE REQUEST WAS TO REMOVE THE WORD PERMANENT. THIS IS SOMEWHAT DUPLICATIVE OF A CONDITION THAT THEY OFFERED UP, WHICH WAS THAT THE PETITIONER WILL USE UTILIZE STANDARD AV EQUIPMENT, A SOUND LIMITER, AND DECIBEL METERS ACHIEVING THE SAME PURPOSE. BUT NUMBER TEN IS A STANDARD CONDITION THAT WE INCLUDE IN ALL LIFE SAFETY OR ALL LIVE ENTERTAINMENT PERMITS. AND THEN THERE WAS DISCUSSION ABOUT A ADDITIONAL CONDITION THAT WAS RELATIVE TO THE LANDWARD, THE FOUR LOCATIONS LANDWARD OF GULF SHORE BOULEVARD. I HAVE TWO VERSIONS OF THAT CONDITIONS.

WHOEVER'S THE LUCKY MOTION MAKER CAN LET ME KNOW WHICH VERSION YOU WOULD LIKE TO INCLUDE. I HAVE THE FIRST VERSION WOULD BE THAT CITY COUNCIL WILL REVIEW THE LANDWARD SIDE. ALL FOUR LANDWARD SIDE LOCATIONS ANNUALLY UNTIL COMPLETION OF THE GOLF COURSE AND ALL BUILDINGS, WHICH WOULD BE THE PHASE TWO RESIDENTIAL OR THAT CITY COUNCIL WILL REVIEW THE LANDWARD LOCATIONS WITHIN SIX MONTHS FOLLOWING COMPLETION OF THE GOLF COURSE AND ALL BUILDINGS. THOSE ARE THE CORRECTIONS I RECEIVED TODAY.

SO WITH THAT, I'M AVAILABLE FOR QUESTIONS. I JUST WANT TO ASK THE VICE MAYOR TO THAT MOTION THAT YOU MENTIONED. THANK YOU FOR YOUR STAFF REPORT. BEING THAT THEY'RE NOT COMPLETE, IT'S CONSIDERING THAT ONCE THEY'RE COMPLETE EVENTS WOULD HAPPEN OR EVENTS WILL HAPPEN NOW. EVENTS WOULD HAPPEN IN THE INTERIM. AND THE IDEA OF HAVING THE ANNUAL REVIEW, SINCE IT'S A FOUR YEAR TIME FRAME, GIVES US CHECKPOINTS TO MAKE ADJUSTMENTS IF IT'S NOT WORKING. SO IT WOULD BE SIX MONTHS. BEING THAT THE SIX MONTHS REQUIRED BY CODE, I GUESS. SO THAT WILL PROBABLY BE, IN MY OPINION, PRETTY PERFUNCTORY BECAUSE IT'S SEPTEMBER, RIGHT? AND THERE'S NOT GOING TO BE MUCH HAPPENING BETWEEN NOW AND SEPTEMBER. SO IT COULD BE, I DON'T KNOW, I'M JUST SPECULATING. NOT MUCH HAPPENING IN THE SUMMER, ESPECIALLY WITH THE GOLF COURSE UNDER CONSTRUCTION. SO MY THINKING BASED ON AND, AND I HAVE TO GIVE CREDIT TO SOME OF THE RESIDENTS ON SOUTH GOLF DRIVE WHO PROPOSED THIS WAS TO HAVE THIS CHECKPOINT EVERY 12 MONTHS OR SO TO SEE HOW IT'S GOING. AND THEN ONCE EVERYTHING'S FINISHED, GIVE A FINAL APPROVAL GOING FORWARD. THAT WAS THAT'S THE THINKING. I'M SURE THERE'S PROBABLY A BETTER WAY OF SAYING IT. YEAH, THE FINAL APPROVAL WAS CONCERNING. SO YOU'RE SAYING GIVE APPROVAL BECAUSE YOU HAVE TO GIVE THE APPROVAL, RIGHT? YEAH. BUT THIS NUMBER 12 SAYS

[02:10:06]

YOU CAN TAKE IT BACK, YOU KNOW, AFTER SIX MONTHS, IF YOU REVIEW IT AND SOMETHING'S NOT WORKING RIGHT, YOU CAN TAKE IT BACK OR YOU CAN MAKE CHANGES. BUT IF WE'RE WE'RE SAYING, I THINK WE'RE SAYING WE MAY BE, WE MAY BE COMFORTABLE GIVING THAT TYPE OF PERMANENT APPROVAL, SUBJECT TO THE SIX MONTH REVIEW ON THE GULF SIDE, GULF SIDE, THE SEAWARD SIDE, BUT NOT YET ON THE LANDWARD SIDE, BECAUSE THERE'S STILL SO MUCH CONSTRUCTION TO HAPPEN, BUT THEY ARE HAVING EVENTS, SO THERE STILL WOULD BE A NEED FOR MONITORING THE SIX MONTH. YES, YES. OKAY. RIGHT, RIGHT. THAT'S WHY THE SIX MONTH REVIEW REQUIRED BY CODE WOULD STILL BE THERE. AND THEN IN ADDITION, WE'D HAVE THIS 12 MONTH REVIEW BECAUSE THE GOLF COURSE IS ANTICIPATED TO BE FINISHED WITHIN 12 MONTHS. THAT WAS A CLARIFICATION. AND THEN THE OTHER BUILDINGS WILL TAKE LONGER. THANK YOU. ALSO, MADAM CLERK, FOR DISCLOSURE PURPOSES.

DURING THE BREAK, I DID SPEAK TO THE PETITIONER'S AGENT AND THE PETITIONER'S AND BASICALLY JUST CLARIFYING THAT THIS PROCESS WAS ONLY NECESSARY FOR DETAILS THAT MATTER, AND THAT I THINK THEY'RE DOING A GREAT JOB AT WHAT THEY'VE BEEN DOING WITH THE COMMUNITY, AND THE COMMUNITY HAS SUPPORTED THEM. OKAY. WITH THAT, CAN I ASK ONE QUESTION? WOULD IT BE PRUDENT TO ADD AS A CONDITION OR SOMEWHERE IN THIS RESOLUTION, JUST A KIND OF A BELT AND SUSPENDERS STATEMENT THAT NOTHING THAT THIS LIVE ENTERTAINMENT APPROVAL DOES NOT EXEMPT THEM FROM, ESPECIALLY THE SPECIAL EVENT PERMITTING REQUIREMENTS, SHOULD THEY? I MEAN, THAT'S IMPLICIT IN THE CODE, BUT IS IT SOMETHING THAT YOU WOULD LIKE TO HAVE? PERSONALLY, I WOULD LIKE IT BECAUSE, YOU KNOW, UNFORTUNATELY, PRIOR EXPERIENCE WITH OTHER PROJECTS, NOT THAT THESE GUYS HAVE BEEN TRUSTWORTHY AND GOOD COMMUNICATORS AND INVOLVED RESIDENTS, BUT IN OTHER PROJECTS WE'VE HAD WHERE THINGS THAT WEREN'T DOCUMENTED, WE THOUGHT WE HAD AGREEMENT, BUT THEY WEREN'T FOLLOWED, BUT WE DIDN'T DOCUMENT THEM. SO WE DIDN'T REALLY HAVE AS MUCH TO GO BACK ON. SO MY VIEW, I'M JUST ONE OF SEVEN PEOPLE. MY VIEW IS IT WOULD BE NICE TO INCLUDE THAT CONDITION. AND THOSE WERE THE ONLY CHANGES THAT I HAVE. I HAD TAKEN IN FROM THE CONVERSATION. BARTON.

ANY COUNCIL QUESTIONS FOR STAFF? OKAY. ERICA, YOU MENTIONED THAT THIS IS AR3T 18 ZONE. YES. AND THIS ZONE ALLOWS COMMERCIAL USE. THIS ZONE ALLOWS FOR THROUGH THE CONDITIONAL USE PROCESS ALLOWS FOR THE APPROVAL OF. AND IT'S LAID OUT IN SECTION 50 8-4 73. ALLOWS FOR CONDITIONAL USE APPROVAL OF RESTAURANTS OR AND TRANSIENT LODGING FACILITIES, AND THIS PROJECT WAS GRANTED CONDITIONAL USE APPROVAL FOR THOSE USES. OKAY. AND BASED ON THAT INFORMATION, THIS COUNCIL HAS THE AUTHORITY TO DECIDE ON THIS PARTICULAR AGENDA ITEM. IS THAT CORRECT? I BELIEVE THAT YOU DO, YES. MR. DICKMAN, YOU AGREE WITH THAT STATEMENT? I DO, THANK YOU. AND, ERICA, IN YOUR OPINION, STANDARDS HAVE BEEN MET FOR THIS CONDITION? YES. FOR THIS PETITION, STAFF FINDS THAT THE CRITERIA HAVE BEEN MET. OKAY. THAT'S ALL I'VE GOT. THANK YOU. MAYOR. THANK YOU. DO YOU HAVE THE DETAILS YOU NEEDED FOR THE TYPES OF LIVE ENTERTAINMENT THAT WILL BE ON THE GOLF SIDE? ARE THERE DETAILS TO NUMBER OF LIKE WE WOULD DO WITH ANY OTHER PETITION? HOW MANY PIECE THERE WAS AMPLIFIED NOT AMPLIFIED. I DID INCLUDE IN IN THE STAFF REPORT YOU WOULD SEE SHOULD CITY COUNCIL VOTE TO APPROVE LIVE ENTERTAINMENT PERMIT 20 6-L3 STAFF RECOMMEND THAT THE PETITIONER BETTER DEFINE THE TYPE OF ENTERTAINMENT THAT WILL BE PROVIDED NOT EVERYWHERE IN EVERY LOCATION, BUT I THOUGHT THERE WAS SOME CONCERN. I HAD HEARD SOME CONCERN ABOUT A COUPLE OF THE LOCATIONS, ONE BEING THE PENTHOUSE, THE PRESIDENTIAL SUITE LOCATION, AND ALSO THE LOCATION. I THINK IT'S NUMBER FOUR ON THE GOLF COURSE. YOU KNOW, ARE THESE APPROPRIATE LOCATIONS FOR AN EIGHT PIECE AMPLIFIED ROCK BAND OR THESE LOCATIONS MORE APPROPRIATE FOR ACOUSTICAL MUSIC OR, YOU KNOW, A LIMITATION ON THE NUMBER OF PERFORMERS, THE SPACES THAT ARE DEPICTED JUST SIZE WISE IN THOSE LOCATIONS WOULDN'T ALLOW A HUGE SETUP. BUT I JUST, IF THAT WAS FOR COUNCIL'S

[02:15:01]

CONSIDERATION, IS DO WE WANT TO PUT SOME LIMITATIONS ON WHAT'S ALLOWED JUST IN THOSE SPECIFIC LOCATIONS? BECAUSE THOSE APPEAR TO BE THE MOST SENSITIVE TO THE NEIGHBORHOOD. YEAH, I THINK THAT'S VERY THOUGHTFUL. NUMBER FOUR DOESN'T REALLY SHOW THE DIMENSIONS UNLESS YOU CAN TELL ME WHAT THOSE DIMENSIONS ARE FOR. NUMBER FOUR, WHICH IS THE CLOSEST TO THE RESIDENCE INSIDE THAT CLUBHOUSE LAWN. YEAH. HOLD ON. THAT IS 20 BY 15 ON THE CLUBHOUSE LAWN. SO THAT IS A LARGER LOCATION. THAT IS ONE OF THE LARGEST LOCATIONS THAT COULD ALLOW FOR A MORE EXTENSIVE SETUP. COULD I ASK? MR. GO AHEAD, MR. BOOKER. JUST THE FACT THAT THAT WOULD BE SOMEPLACE THAT YOU COULD CONSIDER HAVING A WEDDING, IS THAT THE INTENTION OF THAT? AND WOULD LIMITING THAT SPACE TO MORE OF AN ACOUSTICAL OPPORTUNITY INSTEAD OF LIVE AMPLIFIED MUSIC? BE OKAY, LIMITING THE AMOUNT OF PERFORMERS I WOULD SHY AWAY FROM LIMITING ACOUSTIC ONLY BECAUSE IF THERE IS A VIOLINIST THAT'S AN ELECTRIC VIOLINIST THAT WANTS TO PLUG INTO A SPEAKER IN A WEDDING SO THAT I CAN WALK DOWN THE AISLE, THAT SEEMS TO BE A COMMON THEME RIGHT NOW. THANK YOU. I THINK THAT'S A VERY GOOD COMMENT. SO JUST LIMITING IT THAT IT WOULD BE MORE ACOUSTICAL, AMPLIFIED, AMPLIFIED, LIMITING THE NUMBER OF PERFORMERS, PERFORMERS, I THINK IS WHAT WE'RE WHAT YOU'RE WHAT YOU'RE TRYING TO DO, CORRECT? YES. AS LONG AS IT'S NOT A CONCERN OF COUNCIL. ERICA, DON'T. KRAMER. SORRY. THANK YOU.

MAYOR. DONOR NOISE ORDINANCES HANDLE WHATEVER ACCESS THERE WOULD BE. OUR NOISE ORDINANCE IN THE CODE WILL BE APPLICABLE TO ALL LOCATIONS AT ALL TIMES. THEN THERE YOU GO. AND DO THEY.

YOU GUYS PUT UP DECIBEL MONITORS ON THE ON THE EDGE OF THE PROPERTY. YOU DID THAT? YEAH. WE'RE COMMITTING TO DO THAT. YES. IT'S ON THE RESOLUTION THAT WE'RE COMMITTING TO PUT THE DECIBEL MONITORS AT THE EDGE OF THE PROPERTY LINE. THAT'S THAT'S EXCELLENT. I THANK YOU FOR THAT CLARIFICATION, MAYOR. IS THAT I READ IT IN THE MATERIALS SOMEWHERE I DON'T EVEN REMEMBER. I DON'T KNOW IF I'VE HEARD THAT FROM A PETITIONER BEFORE. I'VE BEEN ON COUNCIL, SO THAT'S PRETTY COOL. THANKS FOR DOING THAT. THANK YOU. RESOLUTION.

IT'S PROBABLY IN THE PETITION. I DON'T KNOW HOW THAT RELATES TO STAFFING PURPOSES. MISS MARTIN THERE. WHAT'S THE PURPOSE OF A I DON'T EVEN IT'S NOT ON THE RESOLUTION. SORRY. I DO SEE IT. NUMBER FOUR. IT SAYS DECIBEL METERS AT THE PROPERTY LINE. YEAH. THEY HAD VOLUNTEERED THAT IN THERE TO ENSURE COMPLIANCE WITH NOISE STANDARDS. RIGHT. SO BUT I DON'T KNOW, I MEAN, I THINK IT'S GREAT. THANK YOU. I DON'T KNOW IF IT'S AN EXPENSE YOU NEED BECAUSE IF THERE'S A COMPLAINT YOU'RE REALLY GOING TO MEASURE IT AT THAT TIME, CORRECT? YES. IF THERE IS A COMPLAINT OF A NOISE VIOLATION, THE RESPONDING OFFICER WILL VERIFY THAT COMPLAINT. RIGHT. THE ONLY OTHER THING IS ON MR. DICKMAN, THE EXHIBIT A JUST CLARIFYING THERE'S NO LEGAL DESCRIPTION FOR THE SHED BECAUSE THAT'S COMING IN AT A DIFFERENT TIME. THAT JUST NEEDS TO BE CLEANED UP. YES. OKAY. OKAY. DO I HAVE ANY PUBLIC OR EXCUSE ME, COUNCIL. ANY FURTHER QUESTIONS FOR STAFF? NO PUBLIC COMMENT. THANK YOU. CLOSING REMARKS. THANK YOU FOR YOUR TIME AND CONSIDERATION. VERY THOUGHTFUL CONSIDERATIONS FROM ALL FROM ALL OF YOU. WE WOULD RESPECTFULLY REQUEST APPROVAL OF THIS APPLICATION AND FOLLOWED BY THE INDOOR APPLICATION. THANK YOU. COUNCIL DELIBERATIONS. IF NOT, DO I HAVE A MOTION? TAKE A WHACK AT IT. YEAH, I'LL TAKE A WHACK. OKAY. I MOVE THAT WE APPROVE THE REQUEST FOR OUTDOOR LIVE ENTERTAINMENT WITH THE FOLLOWING CHANGES THAT WERE DISCUSSED TO THE DRAFT RESOLUTION. ONE IS TO DELETE THE WORD PERMANENT FROM ITEM

[02:20:06]

TEN. THE NEXT IS IN ITEM 12 TO INCLUDE ANNUAL REVIEWS FOR THE LANDLORD SIDE ONLY UNTIL COMPLETION OF THE GOLF COURSE AND FOR RESIDENTIAL BUILDINGS. AND I GUESS A NEW NUMBER 13, WHICH IS. SPECIAL EVENTS WILL BE PERMITTED SEPARATELY. IS THAT IS THAT THE RIGHT LANGUAGE? ERICA. OKAY. SECOND, I THINK THAT'S ALL THE CHANGES. I HAVE A MOTION BY VICE MAYOR AND A SECOND BY COUNCIL MEMBER KRAMER. MADAM CLERK, PLEASE PULL THE COUNCIL. VICE MAYOR BLANKENSHIP.

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

COUNCIL MEMBER. PENMAN. YES. COUNCILMEMBER SCHULTZ. YES. MAYOR HARTMAN. YES. THANK YOU.

[11.B) Continued from the February 18, 2026, City Council Meeting A Resolution Determining Live Entertainment Petition 26-LE4 Establishing Amplified Indoor (With Doors And Windows Closed) Live Entertainment Seven 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, and Located At 801 and 802 Gulf Shore Boulevard North, More Fully Described Herein; providing for Scrivener's Errors; providing Findings and Conditions; and providing an Effective Date.]

COUNCIL. THAT TAKES US TO ITEM 11 B, MR. DICKMAN. YES, MA'AM. THIS IS A RESOLUTION DETERMINING LIVE ENTERTAINMENT PETITION 20 6-LE4 ESTABLISHING AMPLIFIED INDOOR PARENTHESES WITH DOORS AND WINDOWS CLOSED. CLOSED PARENTHESES. 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 AND LOCATED AT 801 AND 802 GULF SHORE BOULEVARD NORTH. MORE FULLY DESCRIBED HEREIN, PROVIDING FOR SCRIVENER'S ERRORS, PROVIDING FOR FINDINGS AND CONDITIONS, AND PROVIDING AN EFFECTIVE DATE. THANK YOU. SORRY. YES. SWEARING IN FOR ALL THOSE INTENDING TO OFFER TESTIMONY WHO WERE NOT PREVIOUSLY SWORN, PLEASE RISE TO. THANK YOU. DISCLOSURES. COUNCIL MEMBER PRO. MET WITH MANAGEMENT AND WHERE ARE THE LOCATIONS FAMILIAR WITH THE SITE COMMUNICATIONS WITH STAFF IN REFERENCE TO THIS PARTICULAR AGENDA ITEM, JUST FOR CLARITY, KRAMER, FAMILIAR WITH THE SITE, MET WITH STAFF WITH REGARDS TO IT BEING AN AGENDA ITEM. SCHULTZ I DID VISIT WITH DIEGO AND THE CROWD THERE, AND IT'S BEEN 3.5 HOURS GOING OVER EVERYTHING, SO I DEFINITELY SPOKE WITH THEM. DID NOT SPEAK WITH STAFF, BUT I'M VERY FAMILIAR WITH THE PROPERTY. PENMAN FAMILIAR WITH THE SITE.

NO. CONTACT. BLANKENSHIP. AS MENTIONED BEFORE, I'VE HAD MEETINGS WITH MANAGEMENT, A TOUR OF THE PROPERTY YESTERDAY AND COMMUNICATIONS WITH NEARBY RESIDENTS. THANK YOU. I AM VERY FAMILIAR WITH THE SITE, SPOKE WITH STAFF REFERENCE TO THIS PETITION AND SPOKE WITH RESIDENTS AND RECEIVED EMAILS AND CORRESPONDENCE WITH THAT. GOOD MORNING, MR. BROOKER. GOOD MORNING MAYOR, VICE MAYOR COUNCIL. MY NAME IS CLAY BROOKER WITH THE LAW FIRM OF PASSIDOMO 820 ONE FIFTH AVENUE SOUTH. IF ACCEPTABLE, I WOULD LIKE TO SIMPLY INCORPORATE FROM THE PRESENTATION FROM 11 A THAT WE JUST WENT THROUGH AND MAKE THAT PART OF THE RECORD FOR. 11 B THE SAME CONDITIONS WOULD APPLY IN TERMS OF STANDARDIZED AV EQUIPMENT, SOUND LIMITERS AND DECIBEL READERS, JUST FOR CLARIFICATION. SO EVERYONE REALIZES NOW THAT WE'RE ON THE INDOOR SIDE OF THINGS. ON YOUR SCREEN ARE THE TWO INDOOR LOCATIONS PROPOSED ON THE HOTEL OR GULF SIDE SEAWARD? SIDE NUMBER ONE IS WHAT WE CALL THE JUNIOR BALLROOM, AND NUMBER TWO IS THE MERCHANT ROOM INDOORS ON THE LANDWARD SIDE EAST OF WILSHIRE BOULEVARD. THESE ARE THE TWO INDOOR LOCATIONS BEING PROPOSED. NUMBER ONE IS THE BALLROOM OR CONFERENCE CENTER, AND NUMBER TWO IS WHAT'S DESCRIBED AS THE PAVILION INSIDE THE CLUBHOUSE. THOSE ARE THE TOTAL OF FOUR INDOOR LOCATIONS THAT ARE BEING PROPOSED BY THIS APPLICATION.

WE WOULD REQUEST AGAIN THAT THE WORD AND THE AND THE THE CONDITION THAT RELATES TO KNOW THAT THE AMPLIFIED MUSIC OR AMPLIFIED MUSIC SHALL COME FROM PERMANENT SPEAKERS, THAT THE WORD PERMANENT BE STRICKEN AGAIN FOR THE REASONS PREVIOUSLY DISCUSSED. THAT'S

[02:25:03]

NUMBER EIGHT IN THIS RESOLUTION. CORRECT? I WAS NUMBER EIGHT. AND WITH THAT, I'LL CONCLUDE AND ANSWER ANY QUESTIONS THAT YOU MAY HAVE. THANK YOU. COUNCIL QUESTIONS FOR THE PETITIONER, SERGEANT. OKAY. THANK YOU. GO TO THE STAFF REPORT. GOOD MORNING. ERIC MARTIN, PLANNING DIRECTOR. YOU HAVE BEFORE YOU THE REQUEST FOR INDOOR LIVE ENTERTAINMENT FOR THE NAPLES BEACH HOTEL. I WOULD ALSO INCORPORATE ALL OF THE BACKGROUND FROM MY PREVIOUS STAFF REPORT. I WON'T GO THROUGH ALL OF THAT BEFORE TODAY. THIS REQUEST IS FOR FOUR LOCATIONS. I WOULD NOTE THAT WHEN WE SAY INDOOR, YOUR CODE SPECIFIES THAT INDOOR MEANS THAT THE DOORS AND WINDOWS WILL REMAIN CLOSED AT ALL TIMES. SO IT'S NOT JUST THE LOCATION OF THE ENTERTAINER. IF YOU HAD AN ENTERTAINER THAT WAS INSIDE A BUILDING, BUT THE INTENT WAS TO HAVE ALL THE DOORS AND WINDOWS OPEN DURING PERFORMANCES, WE WOULD CONSIDER THAT OUTDOOR LIVE ENTERTAINMENT. SO INDOOR SPECIFICALLY MEANS INSIDE THE ESTABLISHMENT DOORS AND WINDOWS WILL REMAIN CLOSED. OBVIOUSLY, DOORS WILL OPEN AS GUESTS COME IN AND OUT OF THE THE BUILDINGS, BUT THE INTENT IS THAT THOSE DOORS AND WINDOWS ARE CLOSED DURING THE TIME THAT THE PERFORMERS ARE ARE ACTIVE. SO THERE'S FOUR LOCATIONS, TWO WITHIN MARKET SQUARE, ONE WITHIN MARKET SQUARE, ONE WITHIN THE CLUBHOUSE, AND THEN TWO ON THE HOTEL SIDE. AGAIN, WE NOTICE THIS PETITION AT THE SAME TIME THAT WE NOTICED THE OTHER ONE, THE OUTDOOR LIVE ENTERTAINMENT. THE NOTIFICATION WAS SENT TO 727 PROPERTIES WITHIN 1000FT OF THE SUBJECT PROPERTY. ALL THE COMMUNICATION THAT WE RECEIVED AS A RESULT OF THAT NOTICE IS IN THE PACKET, AND THAT IS ALL THAT WE RECEIVED AS OF THE DATE OF PUBLICATION THAT'S IN YOUR PACKET. WE ALSO SENT THIS OUT TO ALL OF THE SAME DEPARTMENTS. THE ONLY COMMENTS THAT WE HAD ON THIS INDOOR WAS WERE FROM THE FIRE DEPARTMENT IN THE SENSE THAT THEY REVIEWED THIS, REVIEWED THIS AGAINST THE APPLICABLE LIFE SAFETY REGULATIONS, AND FOUND THAT THE LIFE SAFETY PLANS THAT ARE INCLUDED IN YOUR PACKET AND REFERENCE IN YOUR RESOLUTION ARE CONSISTENT WITH LIFE SAFETY REGULATIONS. WE REVIEWED THIS AGAINST THE CRITERIA IN YOUR CODE AND FOUND THAT THE REQUEST IS CONSISTENT WITH THOSE CRITERIA AND OUR RECOMMENDING A TOTAL OF TEN CONDITIONS. THE ONLY CHANGE THAT I'VE HEARD TODAY ABOUT THOSE TEN CONDITIONS IS TO THAT STANDARD CONDITION, WHICH IN THIS RESOLUTION IS NUMBER EIGHT, AND THAT WOULD BE TO REMOVE THE WORD PERMANENT. OTHER THAN THAT, THOSE ARE THE TEN CONDITIONS SIMILAR TO THE ONES IN THE LAST RESOLUTION. AND I'M AVAILABLE FOR QUESTIONS. A COUPLE QUESTIONS. OKAY. I JUST WANT TO CLARIFY ON THE IN THE MAP THAT YOU'RE USING OR REFERENCING.

THE MAP. THIS IS THE POWERPOINT FROM THE DESIGNER. IS THAT SO THE RESOLUTION REFERENCES THE TWO LIFE SAFETY PLANS. SO THERE'S THE HOTEL LIFE SAFETY PLAN AND THE LANDLORD LIFE SAFETY PLAN. I THINK THEY HAD AN OVERALL. MAP, IF YOU WILL. THIS IS LIKE AN ILLUSTRATION THAT SHOWS THE LOCATIONS. BUT THE. TO BE CLEAR, THE RESOLUTION SPECIFICALLY WHAT WE'RE RELYING UPON ARE THE LIFE SAFETY PLANS BECAUSE THOSE PROVIDE MORE DETAIL AND THOSE ARE ACCURATELY MARKED. THOSE ARE CORRECT. THAT'S WHAT'S IN THE RESOLUTION. THE CLUBHOUSE AND THE MARKET SQUARE. YEP. THEY ARE THEY'RE REFERENCED IN YOUR RESOLUTION AS HOTEL INDOOR LIFE SAFETY PLAN AND LANDLORD INDOOR LIFE SAFETY PLAN. AND THEN THE ONLY OTHER QUESTION I HAVE IS THESE THE ITEMS THAT ARE GIVEN AS FAR AS IT WAS IN YOUR. STAFF REPORT, THE MAP THAT'S ON THERE THAT SAYS THE UPDATED LIVE ENTERTAINMENT LOCATIONS. I THINK IT'S ALSO IN THE OUTDOOR PETITION THAT HAS BEEN UPDATED. THIS IS A LEGAL QUESTION THAT HAS BEEN UPDATED TO PRESENT POSITIONS, BUT THE STAFF REPORT STILL SHOWS AND REFLECTS THE OLD POSITIONS. IF THAT SHOULD BE UPDATED TO THE AERIALS THAT ARE AT CURRENT. WHICH SIGNIFICANT? WHICH ONE IS? IT'S THE ONE THAT JUST HAS THE SUBJECT PROPERTY, BUT IT'S THE OLD. IT'S NOT LIKE THIS. IT'S THE OLDER ONE. ON PAGE EIGHT, ORIGINAL PROPERTY. I'M NOT SURE IT'S SOMETHING I CAN CLARIFY

[02:30:02]

WITH THE ATTORNEY IF THAT'S OKAY AT A LATER DATE. IT'S JUST REALLY ABOUT WHAT'S REFERENCING THE LOCATIONS AND DEPICTS THE PICTURES. NO ONE HAS AN ISSUE WITH THAT. I CAN CLARIFY IT WITH THE ATTORNEY AFTERWARDS. IT'S NOT A BIG DEAL. IT'S JUST MAKING SURE WE HAVE REFERENCE TO THE CORRECT LAYOUT. OKAY, WHATEVER IS WHATEVER. IF IT IS APPROVED, WE WILL ENSURE THAT THE CORRECT LOCATION WILL BE AN EXHIBIT TO THE WHATEVER APPROVAL THAT IS. GOT IT. THANK YOU, THANK YOU. OKAY. I DO HAVE PUBLIC COMMENT. CLOSING REMARKS. WE RESPECTFULLY REQUEST YOUR APPROVAL. THANK YOU. COUNCIL DELIBERATIONS OR SHOULD IF BEFORE YOU MAKE THAT MOTION. IF I COULD, MADAM MAYOR, IF NO ONE HAS ANY OBJECTION, I WOULD LIKE TO INCLUDE THE RECORD FROM THE PREVIOUS RESOLUTION, BECAUSE THERE WAS A LOT OF DISCUSSION AND I AND I THINK SOME PEOPLE MAY BE REFERRED JUST REFERRING TO THAT. SO I THINK I WOULD JUST LIKE TO INCLUDE THAT RECORD WITH THIS RECORD AS WELL. NO, NO OBJECTION TO THAT. THANK YOU. OKAY. THANK YOU. I NEED TO BE A PART OF THE MOTION. YES. OKAY. I'D LIKE TO MAKE A MOTION TO APPROVE THE LIVE ENTERTAINMENT PETITION. 20 6-LE4, INCLUDING ALL TEN CONDITIONS, WITH THE FOLLOWING CHANGE TO CONDITION NUMBER EIGHT, REMOVE THE WORD PERMANENT AND ALSO TO INCLUDE THE RECORD FROM OUR PREVIOUS OUTDOOR LIVE ENTERTAINMENT AGENDA ITEM. SECOND, KELLY.

SECOND FRIENDLY AMENDMENT REGARDS TO SUN. SUN SETTING ON THE SOUND ISSUE ON AN ANNUAL BASIS THAT IT WOULD. THAT WAS ONLY APPLICABLE TO THE LI. THE LANDLORD'S SIDE OF THE EQUATION AND OUTDOOR ENTERTAINMENT. SO THIS ONE STILL HAS THAT SIX MONTH REVIEW IN IT, WHICH IS NUMBER TEN ON THE CONDITIONS. BUT A SIX MONTH REVIEW AT THIS POINT IN TIME WOULD TAKE US TO SELECT OVER THAT. WOULD THAT COINCIDE WITH WHAT SEASON IS VERSUS NOT. SO I THINK WE SHOULD EXTEND THAT TO I DON'T THINK WE SHOULD. AND MY MOTION STANDS. I THINK WE'VE GOT A SECOND. AND YOU'RE PROBLEM WITH THAT IS I DON'T THINK IT'S NECESSARY. WE OUR OUR OUR CODES REQUIRE A SIX MONTH REVIEW AFTER THE AFTER IT'S APPROVED. AND THAT'S WHAT WE SHOULD STICK TO. THAT'S SIX MONTHS ONLY GOES BACK OVER. I'M AWARE I'D LIKE TO STICK WITH WITH THE WAY THE MOTION. I'VE, I'VE I'VE SUGGESTED. I WOULD LIKE TO STICK WITH THAT, PLEASE. I HAVE A MOTION BY COUNCIL MEMBER BARTON. DID I GET A SECOND? THANK YOU, COUNCIL MEMBER PENMAN. NO FURTHER DISCUSSION. MADAM CLERK, PLEASE PULL THE COUNCIL. COUNCILMEMBER SCHULTZ, BASED ON MY COMMENTS EARLIER, I VOTE NO. COUNCIL MEMBER. PENMAN. YES. VICE MAYOR BLANKENSHIP.

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

MAYOR HEITMANN. YES. PASSES UNANIMOUSLY. THANK YOU. 60161. SORRY. THANK YOU. COUNCIL.

THANK YOU SO MUCH. THANK YOU VERY MUCH. YEAH. HAPPY APRIL FOOL'S DAY. YEAH, WE WERE JUST KIDDING. GOOD FOR YOU, MAYOR. WITH THAT, THAT CONCLUDES 11 A 11 B TAKING US TO ITEM 12.

[13.A) 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).]

THERE ARE NO NEW BUSINESS. 13 A, WHICH IS A CANCELED EXECUTIVE SESSION, WHICH. MR. YOUNG OR WOULD THIS BE THE APPROPRIATE TIME TO INSERT THAT INSTEAD OF THAT EXECUTIVE SESSION AT 1215? YEAH, THAT'S FINE. THAT WE TAKE A RECESS AT 1215 AND HOPEFULLY WE CAN CONCLUDE THIS ITEM AND SEE WHERE WE ARE AND PROGRESSING THROUGH THE DAY, BUT THAT WE WILL BE TAKING FOR A CALL. YEAH, I THINK THAT IF WE PLAN FOR A RECESS AT 1215, LET'S SEE WHERE WE ARE. WE ONLY HAVE THREE ITEMS LEFT ON THE AGENDA. AND I THINK THAT WHEN WE ANNOUNCED THE RECESS, WE WOULD ANNOUNCE AN ESTIMATED TIME TO RETURN. OKAY? OKAY. THANK YOU. AND WITH THAT, LET'S

[13.B) Discussion and Direction regarding the Property Assessment Clean Energy (PACE) Program.]

[02:35:05]

SEE. WE'RE GOING TO 13 B. THANK YOU, MADAM MAYOR. I'LL INTRODUCE THIS ONE. SO AS AS YOU MAY RECALL, I HAD KIND OF GIVEN COUNCIL THE HEADS UP AT A WORKSHOP THAT WE HAD WHAT WAS CALLED THE PACE PROGRAM INTRODUCED BACK IN 2018. THERE WAS A RESOLUTION THAT AUTHORIZED THE CITY MANAGER AT THAT POINT TO EXECUTE CERTAIN PACE AGREEMENTS AND TO BECOME PART OF THE PROGRAM. NOW, AT THAT TIME, THERE WAS, I BELIEVE THESE ARE OFF THE TOP OF MY HEAD, BUT I THINK 3 OR 4 DIFFERENT PROGRAMS RELATED TO RESIDENTIAL, THEY WERE EXECUTED AND THE AGREEMENTS HAVE BEEN IN PLACE. NOW, THERE'S BEEN A HANDFUL OR SO, I DON'T KNOW THE EXACT QUANTITY OF OUR RESIDENTS THAT HAVE UTILIZED THAT PROGRAM. BUT BUT IT HAS, YOU KNOW, IT IT HAS BEEN IN EXISTENCE NOW, YOU KNOW, FOR THE EIGHT YEAR PERIOD, HOWEVER, AN ELIGIBILITY OF THAT RESOLUTION THAT THERE BE A COMMERCIAL PACE PROGRAM, BUT THERE WAS NO EXECUTION OF A COMMERCIAL PACE AGREEMENT. SO UNDER THE TERMS OF THE. WELL, LET ME BACK UP A STEP. MORE RECENTLY, WE WERE APPROACHED BY THE AVENUE AND ANDI HOPE I SAID THAT RIGHT. RELATED TO THE DESIRE TO UTILIZE THE COMMERCIAL PACE IN PART OF THEIR FINANCING STACK. AS A RESULT OF THAT, WE SET UP A MEETING AND ME AND THE CITY ATTORNEY AGREED THAT, YOU KNOW, WE PROBABLY HAVE THE RIGHT TO EXECUTE THE AGREEMENT UNDER THE PURE DEFINITION OF THE RESOLUTION, BUT SINCE IT HAD NEVER BEEN EXECUTED BACK IN 2018, THIS IS EXECUTING A NEW AGREEMENT. AT MINIMUM, WE SHOULD HAVE A PRESENTATION SO YOU UNDERSTAND WHAT IT WAS THAT WAS AUTHORIZED AND WHAT THE COMMERCIAL PACE PROGRAM WOULD ENTAIL. IF WE GET CONSENSUS DIRECTION, THE CITY ATTORNEY BELIEVES THAT THAT THAT THAT GIVES ME THE AUTHORITY TO EXECUTE THE AGREEMENT CONSISTENT WITH THE TERMS OF THE AGREEMENT AND CONSISTENT WITH THE 2018 RESOLUTION. THAT IS THE REASON WHY WE DON'T HAVE AN ADDITIONAL RESOLUTION BEFORE YOU, AND THAT'S WHY WE ARE TREATING IT AS A DISCUSSION ITEM. SO WITH THAT SAID, WE ALSO HAVE A MR. BERKUS, WHO IS A COMMERCIAL. HE, HE, HE IS IN THE COMMERCIAL SPACE PROGRAM, WILL GIVE YOU AN OVERVIEW, AND THEN HIM AND ANDI WILL TAG TEAM GOING THROUGH THE INFORMATION TO PROVIDE TO YOU. THANK YOU VERY MUCH. MY NAME IS RYAN BERKUS. I'M WITH THE FLORIDA DEVELOPMENT FINANCE CORPORATION AND THE ADDRESS IS 157 TUSCAWILLA DRIVE IN WINTER SPRINGS, FLORIDA. I'M ASSUMING I JUST CLICKED THE BUTTON HERE TO MOVE THIS. OKAY. AND MR. YOUNG DID A REALLY GOOD JOB OF INTRODUCING THAT BECAUSE IT PROBABLY TOOK UP MY FIRST THREE SLIDES. SO IT'LL MOVE US ALONG FAIRLY QUICKLY. THE COMMERCIAL PACE PROGRAM HAS BEEN AVAILABLE IN FLORIDA FOR BASICALLY A DECADE, AND THE FD FC WAS CREATED WITH THAT INTENT. AND TO THAT PURPOSE. AND LET ME SEE. BE BETTER. THERE WE GO. THANK YOU VERY MUCH. SO. TO THE POINT OF MR. YOUNG, YOU KNOW, IN 2018, THE CITY COUNCIL ORIGINALLY APPROVED THROUGH RESOLUTION 2018 ONE 4190. THIS AVAILABILITY FOR PACE HERE WITHIN THE CITY. AND THEN BEHIND THAT THERE WAS A SECOND RESOLUTION THAT WAS ACTUALLY PASSED THAT ALLOWED FOR THE CITY MANAGER TO MOVE FORWARD AND ADOPT THE OR MOVE FORWARD WITH AN AGREEMENT WITHOUT CITY COUNCIL APPROVAL. BUT IN THIS CASE, WE'RE EIGHT YEARS IN. SO I THINK IT'S GOOD THAT WE WERE COMING TO THE COUNCIL TO GET APPROVAL FOR THIS AGREEMENT. SO I'M JUST GOING TO SLIP PAST WHAT WE'VE ALREADY DISCUSSED AND JUST COME TO WHAT IS A COMMERCIAL PACE. SO COMMERCIAL PACE AT ITS HIGHEST LEVEL IS THE ABILITY TO FINANCE BUILDINGS THAT ENABLE PROPERTY OWNERS TO FUND QUALIFIED IMPROVEMENTS FOR BOTH NEW CONSTRUCTION AND EXISTING COMMERCIAL BUILDINGS. THE PROGRAM IS A VOLUNTARY FINANCING. THIS IS NOT LIKE A C, D, D. THIS IS LONG TERM FIXED RATE CAPITAL AND IT'S REPAID THROUGH A NON ASSESSMENT ON THE PROPERTY TAX BILL. THE COMMERCIAL PROGRAM INVOLVES SOPHISTICATED BORROWERS AND REQUIRES LENDERS LENDERS CONSENT AND ENSURES ALIGNMENT ACROSS ALL PARTIES IN THE CAPITAL STACK. SO FROM A PROCESSING STANDPOINT, A COMMERCIAL PROPERTY OWNER REQUEST C PACE FINANCING. THE PRIVATE FINANCING IS ARRANGED BETWEEN THE FFC, THE CAPITAL PROVIDER, AND THE COMMERCIAL PROPERTY OWNER. AND AGAIN, IF THE SENIOR LENDER IS INVOLVED IN CONSENT MUST BE RECEIVED. QUALIFYING IMPROVEMENTS ARE COMPLETED AND THEN THE CONTRACTORS ARE PAID AS THE ASSESSMENT IS PLACED ON THE PROPERTY OWNER'S TAX BILL THROUGH NONABLATIVE ASSESSMENT, AND IT IS REPAID OVER TIME. THE CITY IS NOT INVOLVED IN ANY

[02:40:03]

UNDERWRITING APPROVAL OF THE FINANCING TERMS OR THE ADMINISTRATION OF THE PROGRAM.

THOSE RESPONSIBILITIES REMAIN WITH THE FFC, SO ONE OF THE MAIN PRIMARY BENEFITS OF C PACE FOR THE PROPERTY OWNER IS THAT CAN REDUCE OVERALL COSTS BECAUSE OF ITS LONG TERM FIXED RATE NATURE, AND IT'S TIED TO THE PROPERTY AND TAX BILL. AND THIS ALLOWS FOR THE IMPROVEMENT OF PROJECT FEASIBILITY AND CAN FILL CAPITAL STACKS AND SUPPORT PROJECTS THAT MAY OTHERWISE NOT MOVE FORWARD. QUALIFYING IMPROVEMENTS THE PROGRAM IS LIMITED BY STATUTE TO QUALIFYING IMPROVEMENTS THAT INCLUDE ENERGY EFFICIENCY, RENEWABLE ENERGY, WATER CONSERVATION, AND STORM RESILIENCY MEASURES. THESE IMPROVEMENTS ARE CONFIRMED TO BE MET. THE INTENT OF THE STATUTE BY A LICENSED ENGINEER, QUALIFIED PROFESSIONALS, AND ARE REVIEWED BY THE FDA FC. THESE IMPROVEMENTS PROVIDE LONG TERM PUBLIC AND PRIVATE BENEFIT.

A LITTLE BIT ABOUT THE FD FC. AS I HAD STATED BEFORE, WE ARE CREATING STATUTE OVER 30 YEARS AGO TO SUPPORT ECONOMIC DEVELOPMENT THROUGH THE FINANCING OF PROGRAMS LIKE CPS, AND WE. OUR SPACE PROGRAM IS A TURNKEY PROGRAM. FFC HANDLES ALL THE OPERATIONAL COMPONENTS AND PROVIDES THE TAX COLLECTOR AND THE PROPERTY APPRAISER DATA TO PUT ON THE TAX BILL. WE DID.

WITHIN OUR STATUTE, WE HAVE THE ABILITY TO DO C PACE, BUT WE WERE NOT GIVEN THE ABILITY TO LEVY AND COLLECT ASSESSMENTS. SO WE HAD CREATED WITH THE CITY OF FERNANDINA, FERNANDINA BEACH AND ALSO THE TOWN OF LAKE CLARKE SHORES, A DISTRICT. THAT DISTRICT IS CALLED THE FLORIDA RESILIENCE AND ENERGY DISTRICT. THIS DISTRICT IS THE ONE THAT WE WOULD HAVE AGREEMENTS WITH YOU, THE TAX COLLECTOR AND THE PROPERTY APPRAISER WITH TO LEVY AND COLLECT THOSE ASSESSMENTS.

SO AS I INDICATED BEFORE, THE PROGRAM HAS BEEN AROUND JUST OVER A DECADE IS WHEN WE STARTED PUTTING THIS PROGRAM TOGETHER. WE DID INITIAL ASSESSMENTS IN 2018, AND SINCE THAT TIME, WE'VE CLOSED OVER SIX PROJECTS FOR JUST OVER $1.1 BILLION IN FINANCING. SO THESE ARE NOT SMALL PROJECTS. THESE ARE, YOU KNOW, SOPHISTICATED BORROWERS WITH BIG PROJECTS.

FROM A PERSPECTIVE OF A FOOTPRINT. IN FLORIDA, F, C IS IN 37 COUNTIES AND 229 MUNICIPALITIES. IT STARTED BASICALLY IN SOUTHEAST FLORIDA, AND AS YOU CAN SEE, IS KIND OF WORKING ITS WAY UP INTO THE PANHANDLE. AND TYPICALLY THESE PROJECTS OR THESE AGREEMENTS COME TO US AS WE HAVE PROJECTS THAT ARE READY TO BE FUNDED WITHIN A COUNTY OR A CITY. SO FROM A LOCAL GOVERNMENT PERSPECTIVE, THE CPS IS HIGHLY EFFECTIVE ECONOMIC DEVELOPMENT TOOL. IT DRIVES PRIVATE INVESTMENT, CREATES JOBS AND STRENGTHENS COMMERCIAL ASSESSMENTS. THESE ASSETS, EXCUSE ME, WITHOUT REQUIRING ANY PUBLIC FUNDS OR EXPOSING THE MUNICIPALITY TO ANY FINANCIAL RISK. IT ALSO HELPS ADDRESS UNINSURED COMMERCIAL HURRICANE LOSS BY FINANCING RESILIENCY UPGRADES THROUGH THE LONG TERM FIXED ASSESSMENTS, REDUCING IMMEDIATE CAPITAL, CAPITAL STRAIN ON PROJECTS. AND THEN I JUST WANTED TO TAKE A SECOND TO INVITE ANDY UP TO TALK ABOUT THE PROJECT AND WHY WE'RE LOOKING FOR THE FINANCING OF THIS AGREEMENT TO HAPPEN. GOOD MORNING EVERYONE. ANDY PENKOV. I AM THE DEVELOPER FOR THE AVENUE 905TH AVENUE SOUTH. GOOD MORNING EVERYONE. MAYOR, VICE MAYOR, COUNCIL. THANK YOU, MR. YOUNG. JUST AS A QUICK REMINDER ON THE PROJECT, THIS IS LOCATED ON FIFTH AVENUE BETWEEN NINTH STREET AND 11TH. IT'S ABOUT 4.3 ACRES. THERE ARE 50 RESIDENTIAL UNITS SPREAD ACROSS THAT WHOLE TWO PARCELS AND GROUND FLOOR RETAIL. SO AS FAR AS THE STATUS OF THE PROJECT IS CONCERNED, WE HAVE PAID FOR THE PERMITS ON THE 900 BLOCK, WHICH IS KIND OF THE THE WEST BLOCK OF HERE, AND WE'RE READY TO GET GOING. THIS PACE FINANCING REPRESENTS AN IMPORTANT COMPONENT OF THIS CAPITAL STACK AND ENABLES US TO CLOSE THE FINANCING AND, YOU KNOW, MAINTAIN THE MOMENTUM, DELIVER THE PROJECT ON SCHEDULE. FOR US, HAVING ACCESS TO THESE FINANCING TOOLS IS IMPORTANT, ESPECIALLY, YOU KNOW, FOR PROJECT OF THIS SCALE, HAVING, YOU KNOW, THIS WELL ESTABLISHED TOOL, THIS IS NOT AN EXPERIMENTAL THING. IT'S A VERY WELL ESTABLISHED TOOL, REALLY KIND OF KEEPS US ON TRACK AND KEEPS US MOVING. SO AGAIN, SIMPLY ALLOWS US TO MOVE FORWARD AND, YOU KNOW, CONTINUE DELIVERING THE PROJECT, YOU KNOW, THE WAY THAT IT'S INTENDED TO. AND WE WANT TO MAKE SURE IT'S DELIVERED RIGHT.

WE WANT TO MAKE SURE IT'S DELIVERED IN THE APPROPRIATE FASHION AND HAVING, YOU KNOW, OUR CAPITAL STACK AND FINANCING IN A VERY SOLID PLACE WITH VERY SOLID BACKING BEHIND US IS

[02:45:01]

IMPORTANT TO US. THANK YOU. AND SO JUST TO RECAP ON THIS, IS THIS AN ACTIVE PROGRAM WITHIN THE CITY ALREADY, WHICH IS EXECUTED AGREEMENTS ALREADY WITH OTHER PROGRAM PROVIDERS AND HAS BEEN PLACED WITHIN THE BOUNDARIES OF THE CITY. AND SO WITH THAT, WE WERE JUST ASKING TO COME IN FRONT OF THE COUNCIL TO ASK FOR YOU GUYS TO PROVIDE GUIDANCE TO STAFF WITH OUR AGREEMENT. AS WE NOTED BEFORE, THERE'S ALREADY AGREEMENTS HERE. WE DIDN'T EXECUTE AGREEMENT IN 2018. WE HAD THERE WAS ANOTHER SET OF FOLKS THAT WERE DOING AGREEMENTS AT THAT TIME, NOT SURE WHY THEY DID NOT MOVE FORWARD WITH IT, BUT WITH THE PROJECT HERE NOW, WE WOULD ASK THAT THE COUNCIL PROVIDE DIRECTION TO STAFF FOR THE EXECUTION OF THE AGREEMENT.

QUESTIONS ABOUT THE PACE PROGRAM. VICE MAYOR. THANK YOU FOR THE DESCRIPTION EXPLANATION.

THAT WAS ALL ALL VERY HELPFUL AND I CAN SEE HOW IT WOULD BE A BENEFIT TO THE THE DEVELOPER.

AND IT SOUNDS LIKE THERE'S NO COST, NO RISK TO THE CITY OF IMPLEMENTING THIS PROGRAM HERE.

OTHER THAN THE ACTION TAKEN HERE, THERE'S NO COST OR NO RISK OR NOTHING FROM THE ADMINISTRATIVE SIDE, FROM THE CITY. OKAY, SO JUST A QUESTION ABOUT HISTORY. SO I REMEMBERED THAT THERE WAS SOME CONTROVERSY IN COLLIER COUNTY AROUND THE PACE PROGRAM, AND I THINK IT MIGHT HAVE BEEN AROUND THAT 2018 TIME FRAME. I TRIED TO GO BACK AND FIND INFORMATION ON IT, AND I COULDN'T GET A LOT OTHER THAN PEOPLE WERE UPSET THAT THEY FELT LIKE IT WAS MORE ON THE RESIDENTIAL SIDE. I THINK ABOUT THERE'S A BELIEF THAT SOME PEOPLE ARE BEING TAKEN ADVANTAGE OF, BUT I COULDN'T IDENTIFY WHAT HAPPENED, HOW IT WAS RESOLVED OR WHAT THE CURRENT STATUS IS. AND IF YOU HAVE ANY INFORMATION YOU COULD SHARE THAT WOULD BE HELPFUL, I CAN. SO I WAS DOWN THERE IN COLLIER COUNTY. THERE WERE SOME CONCERNS REVOLVING AROUND RESIDENTIAL AND I THINK CONTRACTORS. I THINK THOSE ISSUES HAVE BEEN RESOLVED. I WILL TELL YOU THAT AT THAT TIME THEY TERMINATED THE PROGRAM, BUT THEY DID BRING BACK CPS.

AND I THINK THAT WAS IN 2022, JUST AFTER. I CAN'T REMEMBER WHAT HURRICANE CAME THROUGH AT THAT TIME, BUT I WAS CALLED BY ONE OF THE COMMISSIONERS AND ASKED TO COME BACK UP THERE TO HELP RESOLVE SOME OF THE FUNDING ISSUES FOR BUILDINGS THAT NEED TO BE REPAIRED. SO FROM A CPS PERSPECTIVE, IN COLLIER COUNTY, YOU KNOW, THERE'S NO ISSUES, RIGHT? SO IT'S ACTIVE IN COLLIER COUNTY. AND WE I CAN SPEAK SPECIFICALLY TO OUR PROGRAM. WE'RE ACTIVE WITHIN COLLIER COUNTY SINCE 2022, PRIOR TO THAT TERMINATED AND THEN BROUGHT BACK. THANK YOU. YES, SIR. THANK YOU. I JUST WANT TO CLARIFY THAT THERE WASN'T A PROBLEM WITH AN ESTABLISHED CODE WITHIN THE CITY, AND THAT MIGHT HAVE BEEN THE PROBLEM OF SOLAR PANELS AND THE SOLAR PANEL PLACEMENT AND USE THAT I KNOW OF. OKAY. THAT WAS NOT A DISCUSSION POINT THAT I REMEMBER. PERFECT. OKAY. COUNCIL MEMBER, I'M FAMILIAR WITH THE PACE PROGRAM WITH THE RESIDENTIAL AND I'M A BROKER AND WE DO DISCLOSE IF THERE'S A PACE LOAN ON THE PROPERTY WHEN WE'RE SELLING IT. I THINK THERE'S BEEN SOME PROBLEMS IN THE PAST WHEN IT BEFORE THE DISCLOSURE ABILITY CAME OUT WITH AS FAR AS PEOPLE KNOWING BECAUSE IT'S A TAX BILL ITEM AND NECESSARILY YOU COULD, YOU COULD CONVEY A PROPERTY. AND UNLESS THAT'S ADDRESSED THAT COULD SOMEONE CAN GET STUCK WITH THAT THAT PAYMENT THAT MAY NOT INTENDED. SO I MEAN, THE NEW DISCLOSURE REQUIREMENTS IN RESIDENTIAL AREA HAVE OBVIOUSLY ELIMINATED THAT ISSUE. YES.

THERE WAS THERE WAS AN UPDATE TO THE STATUTE ACTUALLY IN 2024 THAT ACTUALLY BIFURCATED RESIDENTIAL AND COMMERCIAL. BUT THERE WERE DISCLOSURE REQUIREMENTS WITHIN THAT. I'VE DONE DEALS WITH WITH THE PACE LOANS, BUT I WASN'T AWARE THAT NEW CONSTRUCTION WAS I WAS LOOKING AT MORE AS A PROGRAM FOR PEOPLE REHABBING AND UPGRADING THEIR INEFFICIENT AIR CONDITIONERS, EFFICIENT AND, AND SAME THING WITH WINDOWS, ETC. BUT NOW THE PROGRAM IS EXPANDED. IS THAT SOMETHING NEW OR IS THAT SINCE I'VE BEEN IN THE BUSINESS FOR TEN YEARS, IT'S BEEN NEW CONSTRUCTION AND REHAB'S I WOULD I'M VENTURING TO SAY I DON'T HAVE THE NUMBERS IN FRONT OF ME, BUT PROBABLY ABOUT 60% OF OUR FINANCINGS ARE ON NEW CONSTRUCTION PROJECTS. I KNOW THAT SOUNDS A LITTLE WEIRD, BUT IF YOU'RE BUILDING THE STRUCTURE AND COMPLETING IT TO BE MORE THAN CODE OR UP TO CODE, YOU KNOW, I MEAN, IMPROVING A BUILDING, THEN THAT'S WHAT THE FINANCING IS FOR, RIGHT? YOU WANT BETTER HVAC, YOU WANT STRONGER ROOFS OR BUILDINGS. SO YOU WANT THAT BUILT FROM THE BEGINNING. I KNOW YOU GUYS HAVE CODES HERE. I TOTALLY UNDERSTAND THAT. BUT THE IDEA OF THE PROGRAM IS THAT YOU IMPROVE ABOVE CODE AND THAT'S WHAT YOU KNOW, YOU HAVE THIS FINANCING FOR. OKAY, SO A NEW CONSTRUCTION THAT COULD PUT A

[02:50:03]

NEW WINDOWS ON THEIR AIR CONDITIONING, NEW WINDOWS, DOORS. YEAH, EVERYTHING. SO ANYTHING THAT HAS TO DO WITH ANY OF THOSE ITEMS WITHIN THE STATUTE'S ENERGY EFFICIENCY, RENEWABLE ENERGY, WATER REDUCTION, SO LOW FLOW, YOU KNOW, TOILETS OR, YOU KNOW, ANYTHING LIKE THAT WOULD BE LIGHTING, YOU KNOW, ANYTHING THAT WOULD REDUCE ENERGY OR WATER COST OR, YOU KNOW, FLOW THROUGH THAT BUILDING AND THE THEORY BEHIND IT, THE LOWER, LOWER FUNDING RATE, INTEREST RATE AND ALL THAT IS BASICALLY BECAUSE IT'S A KIND OF A HARD COLLECTION ITEM. NOW, YOU DON'T HAVE TO WORRY ABOUT DEFAULT AS MUCH, BE IT TAX DEFAULT IF THEY RIGHT. CORRECT PHILOSOPHY BEHIND THAT BECAUSE OF THE REPAYMENT ON THE TAX BILL, IT'S PRETTY SECURE. SO IT ALLOWS THAT PRIVATE INVESTOR TO COME IN AND PROVIDE A RATE THAT'S LOWER THAN MARKET. YOU DO HAVE SENIOR LENDERS THAT ARE INVOLVED FROM THE CONSTRUCTION SIDE. THIS KIND OF REDUCES THE MEZZANINE, YOU KNOW RATE THAT WOULD BE PAID. SO I THINK I HAD A SLIDE UP THERE THAT I MEAN THE INTEREST RATES WEREN'T EXACTLY RIGHT. BUT I MEAN, YOU MAY BE MAKING A CHANGE FROM 10 OR 11% DOWN TO 8 OR 9% RIGHT NOW, MAYBE 7.5%, DEPENDING ON THE PROJECT. OKAY. GREAT. GREAT. OKAY. THANK YOU. OKAY. I DON'T HAVE PUBLIC COMMENT. MR. YOUNG, DID YOU HAVE SOMETHING I WAS JUST GOING TO SAY? SO IF WE COULD THOUGH, HAVE A, YOU KNOW, AN ACTUAL EVEN THOUGH IT IS A CONSENSUS DIRECTION, I WOULD LIKE IT, YOU KNOW, IN THE FORM OF, YOU KNOW, TO GO AHEAD AND EXECUTE THE COMMERCIAL PACE. AND THEN IF THERE IS A VOTE SO THAT IT AFFIRMS IT ON THE RECORD, IF I COULD. OKAY. COUNCIL MOTION OR. COUNCILMAN KRULL. I MAKE A MOTION TO AUTHORIZE THE SIGNING APPROVAL TO PAY FOR PACE LOANS. DID YOU SAY MAKE A MOTION TO EXECUTE THE COMMERCIAL PAGE TO EXECUTE THE COMMERCIAL DOCUMENT RESOLUTION TO ALLOW ALLOW PACE FINANCING? YEAH, I HAVE A MOTION BY COUNCIL MEMBER AND A SECOND BY COUNCIL MEMBER PENMAN. NO FURTHER DISCUSSION. 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 HARTMAN. YES. THANK YOU. COUNCIL PASSES UNANIMOUSLY. GOOD LUCK. THANK YOU SO MUCH.

[13.C) Consideration of the Repeat Special Event Applications Enumerated Below:1. Fourth of July Parade – Downtown Naples2. Fourth of July Fireworks – Naples Beach]

APPRECIATE YOUR TIME. THANK YOU. THAT TAKES US TO ITEM 13 C. YES. ITEM 13 C IS A CONSIDERATION OF REPEAT SPECIAL EVENT APPLICATION. I BELIEVE MR. MERRITT IS HERE AND WILL BE OUT SHORTLY TO DISCUSS THESE ITEMS. GOOD MORNING, MR. MAYOR. YES, SORRY. GOOD MORNING. WAS A LITTLE FORMATTED A LITTLE DIFFERENTLY. CHAD MERRITT, COMMUNITY SERVICES DIRECTOR THE THIS ITEM IS JUST MAINLY TO BRING ATTENTION TO THE. WHAT YOU'VE ALREADY SPOKEN ABOUT EARLIER TODAY, WHICH WAS THE AMERICA 250 CELEBRATION. WE DO HAVE OUR ANNUAL 4TH OF JULY PARADE AND FIREWORKS THAT ARE SCHEDULED. I PUT THIS ON HERE TO HOPEFULLY ENCOURAGE EVERYONE TO PARTICIPATE IN THE PARADE.

FOR ONE, WE WANT TO HAVE A VERY BIG ATTENDANCE IN THE PARADE THIS YEAR. WE HOPE THAT THAT WE HAVE A LOT OF. AND I AND I HOPE THAT OTHER LOCAL BUSINESSES AND ORGANIZATIONS WILL BE AVAILABLE TO CELEBRATE. THIS IS A. IT'S ONLY GOING TO HAPPEN ONCE. SO. 250 IS IS HERE. SO I THOUGHT THIS WAS A GOOD TIME TO KIND OF SHINE LIGHT ON THAT. WE WILL BE DOING THE FIREWORKS AS PLANNED.

WE WILL HAVE TO DO A LITTLE BIT OF A SHIFT ON THE FIREWORKS WITH THE NAPLES PIER. SO I ALSO WANTED TO MAKE SURE THAT YOU ALL WERE AWARE OF THAT. THAT WILL PROBABLY SHIFT. THE FIREWORKS WILL WILL DETERMINE THAT AT A LITTLE CLOSER TO THE TIME, BUT MORE OR LESS JUST TO HAVE A CONVERSATION AND, AND SEE, I'M NOT GOING TO HOLD YOU TO IT YET, BUT WE WILL BE PUTTING OUT SOME RSVP FOR YOU ALL AND HOPE THAT YOU CAN ATTEND AND BRING FAMILIES AND FRIENDS. AND LET'S HAVE A BIG CELEBRATION. WE'RE GOING TO PROBABLY HAVE OUR TRADITIONAL FLOAT WHERE WE SPRAY EVERYBODY AT THE END BECAUSE IT'S NICE AND TOASTY. DURING THAT TIME,

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WE DID MOVE IT. SO IF YOU RECALL, WE MOVED THE PARADE A LITTLE BIT EARLIER SO THAT WE COULD TRY TO AT LEAST GET IN A LITTLE BIT LESS HEAT THAN WHAT WE TYPICALLY ARE. BUT WE HAVE WE HAD A GOOD TIME LAST TIME. OBVIOUSLY LAST YEAR WE HAD SOME ISSUES, HAD TO CANCEL IT BECAUSE OF A STORM THAT WAS IMPENDING. BUT WE YEAH. THAT'S IT. I DON'T KNOW IF THE MAYOR WANTS TO SAY SOMETHING IN ADDITION TO WITH THIS. I KNOW YOU'VE ALREADY SAID NO, THANK YOU. I, I THINK IT'S GOING TO BE A FABULOUS CELEBRATION FOR US LOCALLY. QUALITY OVER QUANTITY. ANYTIME IS APPRECIATED, SO I DO. I THANK YOU FOR ENCOURAGING OUR COMMUNITY TO PARTICIPATE IN MORE FLOATS AND BANDS AS I KNOW IT IS A TIME WHERE SCHOOL'S OUT, BUT MAYBE YOU'LL GET SOME CONCERT BANDS AND BECAUSE THE COMMUNITY LOVES THOSE, THAT PIECE. YEAH, THAT'S ALWAYS THE CHALLENGE WITH THE SUMMER IS THE SCHOOLS ARE OUT, SO IT'S ALWAYS HARD TO GET BANDS. BUT YOU KNOW, WE, WE LIKE TO, WE'D LOVE TO SEE LOCAL TEENS AND THE KIDS OUT AND WALKING AND CELEBRATING AND WEAR YOUR BEST RED, WHITE AND BLUE. AND DANIELLE, I ACTUALLY LET DANIELLE CHIME IN ON THE PARADE. AND IF YOU'RE INTERESTED IN BEING IN THE PARADE AND WHO YOU NEED TO CONTACT AND HOW THAT PROCESS WORKS, THANK YOU, CHAD.

DANIELLE FOR SPECIAL EVENTS AND MARKETING SUPERVISOR. SO THE APPLICATION FOR THE 4TH OF JULY PARADE WILL BE ON OUR WEBSITE. IT WILL BE UNDER THE COMMUNITY SERVICES DEPARTMENT AND WE'LL HAVE A SPECIAL TAB UNDER THAT, WHICH WILL BE LISTED FOR 4TH OF JULY PARADE, FIREWORKS, PARADE AND FIREWORKS. THERE WILL BE RULES ATTACHED TO IT. SO WE JUST ASK THAT EVERYBODY REVIEWS THE RULES, FILL OUT THE APPLICATION, AND THEN IT CAN BE SENT TO EVENTS AT NAPLES. GOV.

COM. SO THERE WE HAVE IT. SO IF ANYBODY WANTS TO ADD ANYTHING. IF NOT WE JUST THAT WAS REALLY THE ONLY REASON WE PUT IT ON HERE IS DISCUSSION TO BRING AWARENESS. AND THEN OF COURSE WE HAD THE THING EARLIER TODAY. SO YOU SAID A LOT OF THE GOOD THINGS DURING THAT TIME. SO I DON'T WANT TO REHASH THAT. THANK YOU FOR THAT. I JUST WANT TO SAY ALSO THANK YOU FOR MAKING SURE THAT OUR PARKS AND OUR FACILITIES ARE NOT OVERDECORATED. BUT I THINK, YOU KNOW, IN THE SPIRIT OF I CAN'T TAKE CREDIT FOR THIS, I WELL, THANK YOU ALSO. YOU MENTIONED SOMETHING ABOUT, OH, THE FACT THAT COUNCIL, THIS IS A CITY SPONSORED EVENT. THEY'RE USUALLY COUNCIL PARTICIPATES IN CHRISTMAS AND THE 4TH OF JULY SO THAT THE NEW MEMBERS WOULD KNOW THAT THERE'S AN OPPORTUNITY TO BE A PART OF THIS PARADE. ABSOLUTELY. OKAY.

I HOPE YOU ALL CAN JOIN US. THANK YOU, MISTER YOUNG. YEAH, JUST TWO POINTS TO ADD ACTUALLY.

ONE IS CHAD ALLUDED TO IT IS OBVIOUSLY WITH THE PIER CONSTRUCTION, WE HAVE TO DECIDE EXACTLY WHERE THAT IS GOING TO BE LOCATED. ONCE WE HAVE THE COORDINATION AND THE BARGE AND WITH THE CONTRACTOR, YOU KNOW, THE FIREWORKS COMPANY WILL WILL HAVE THAT MORE SPECIFIC. THE INITIAL THOUGHT IS NOTHING, KEEPING IT STILL SOUTH OF CENTRAL, BUT THE EXACT LOCATION WILL DEPEND ON EXACTLY HOW THAT FOOTPRINT WORKS OUT. SO I DIDN'T WANT YOU TO THINK IT'S SOMETHING WE'RE TRYING TRYING TO KEEP SECRET. IT'S A MATTER OF MAKING SURE WHAT'S THE BEST WAY TO FACILITATE THAT. AND THEN I DO HAVE JUST ONE STATEMENT TO MAKE, BECAUSE I WANT TO PUT IT ON THE RECORD AS A AS A THANK YOU TO THE COUNTY WHEN MISS PATTERSON REACHED OUT TO ME. AND IF YOU DISAGREE WITH MY ASSESSMENT, YOU'RE WELCOME TO CORRECT ME AND I'LL TELL HER AS SUCH. BUT WHEN MISS MISS PATTERSON REACHED OUT TO ME AND TALKED ABOUT A JOINT SESSION, SHE ALSO TALKED ABOUT POOLING OUR FUNDS FOR THE PURPOSE OF A JULY 4TH HERE IN NAPLES IN HONOR OF THE 250 THAT SAID TO HER, I SAID, YOU KNOW, I'M SURE YOU KNOW, I'LL BRING THE JOINT SHOP IMMEDIATELY. I SAID, BUT I WANT TO HAVE INTERNAL DISCUSSIONS. MY JUMPING OFF POINT ON THAT IS IT IS THE 200TH ANNIVERSARY. IT IT'S BETTER IF YOU HAD ALL OF THE COUNTY RESOURCES AND HOURS IN ONE AREA, BUT WE ALSO HAVE A PIER UNDER CONSTRUCTION. WE'RE MOVING THE LOCATION AND THERE'S JUST SO MANY THINGS THAT I DON'T THINK THAT THIS IS THE YEAR TO, TO HAVING DISCUSSED THAT. BUT IN FAIRNESS TO YOU, I NEEDED TO AT LEAST LET YOU KNOW THAT THAT I DID SAY THAT. AND IF, IF ANY OF YOU WANTED TO, TO, TO PROPOSE, YOU KNOW, A DIFFERENTLY THAT THAT JOINING THE RESOURCES AND MAKING ONE EVENT HERE IN THE CITY OF NAPLES. BUT I DID WANT TO AT LEAST FULL DISCLOSE THAT TO YOU, BECAUSE I THINK WE HAVE A NUMBER OF OTHER FACTORS, GIVEN THE THE 250 SCENARIO, THAT THAT MAKES IT PALATABLE TO KEEP THEM AS SEPARATE FUNCTIONS. BUT I JUST WANTED TO SAY THOSE TWO THINGS FOR YOUR ON FOR YOUR BENEFIT. QUESTIONS, COMMENTS. VICE MAYOR, AWESOME TO COMBINE AND HAVE ONE HUGE CELEBRATION.