you you you you you Okay, we're back from recess on this City Council meeting Wednesday, September 18th, continuing on with item 12A council. Do you want to read the item Mr. Schwarz? Sure. Mayor item 12A was a review of the revised design review handbook. We were scheduled to hear that today but in consultation with the planning staff and chairman of the DRB. We had recommended earlier that you continue this item to the October 14th workshop at which point we will pick up our conversation regarding boards and committees including the DRB. So it may actually make a bit more sense to include this presentation at that meeting. So we're, I guess, officially requesting your approval to defer this to the 14th of October. Motion to continue. Second. Motion by Council Member Pinneman. Second by Vice Mayor. All in favor sign by aye. Aye. Aye. Opposed? Thank you. That takes us to 13C. Mr. McConnell. Thank you, Mayor. A resolution of the City of Naples Florida establishing its intent to reimburse certain expenditures and connection with various capital improvement projects as more particularly described herein, incurred with proceeds of a future taxable or tax exempt financing or financing providing certain other matters in connection therewith and providing an effective date. Excuse me, didn't we skip over 13B? Yes, skip that. We did, yeah. Yes, I would actually prefer, I'm sorry, but if we could do 13B first, it's relevant and it's the first piece of legislation. I had it out of order. So we'll retract 13C and go to 13B Mr. McConnell. Yes, I will gladly read that again at a later time. A resolution approving an interfun loan from the cash clearing and investment account of the city to the stormwater fund in the amount of 27 million to provide short term funding that to exceed 180 days. An anticipation of issuing bonds in fiscal year 2025 for the stormwater outfall project construction establishing terms and conditions for repayment and providing for an effective day. Thank you Mr. Young. Madam Mayor. Oh Gary Young Deputy City Manager, CFO. This is simply execution of that funding which was needed. If you recall I put it in your packet resolution 2024-15407, included financing related to the outfall project to $27 million. I'd indicated at the time that I would have to have a short term financing to bridge the year end because you can't have the outstanding obligation and an incumbent obligation without the financing sources in place. Rather than issue a bond anticipation note that we pay interest to somebody else and it takes a little bit longer to do, we just using our own treasury funds and keeping it outstanding no longer than 180 days and in reality it'll probably Not be longer than about 20 days because once I cross the year I can repay it back and then we're going to be planning on within 180 days will be issuing the actual bond So this is just the short term financing the long term part of the or the the other part of that is just keep in mind What this carries an interest rate of 2.67% and we base that upon our most recent bond issuance which was the exact out of a crude interest that we will pay on the bond issuance related to the parking garage and to the pier so therefore we use the same interest rate since that was the most recent one on the market. Thank you council questions for Mr. Young. Thank you. I have a motion for approval. Any comments that just came in for the item? Oh for this item. Oh sorry. Thank you. I have a public speaker. Mr. Myers. Greg Myers. I don't know. Michael. To the right. Greg Myers, Gulf of North. I haven't done the research yet but I will whether or not if you haven't met your legislative requirements, your pain for things and moving money around taxpayer money to pay for things that should have been levied against certain projects. I don't know if it's legal or not, but I'm going to find out. And if it's not, then it'll be a problem and you'll have to deal with at that point. I just don't think, I can't stress enough. How wrong it is for the city to allow all of these development projects to go through and not pay their fair share. And it doesn't matter what the planning staff does with their analysis. Those are public required public hearings before PAB with and city council with required by floor to statutes professional analysis. Not planning staff outside professional analysis. Akin to somebody like Mr. Young. He's qualified to look at these things and now we're moving 27 million dollars, you know, whatever but You're you're budgeting and taking money to pay for things that should have been paid for By all of these developers for all these projects and once again, it was done intentionally There's no question in my mind You don't just stop but if you don't have a level of service analysis And once again, it was done intentionally. There's no question in my mind. You don't just stop, but if you don't have a level of service analysis, then if that's a condition precedent, then you can't have concurrency. You need the condition precedent to do the concurrency analysis. And again, I'm going to make the recommendation that you seriously consider a special assessment. They're liable for it. They should have paid it back then. Now it's easy. Now you know exactly what it cost. And they should have paid it back then. There's a pump station back then might have been 15 million or 32 million now it's 100 million. Well they're going to pay for it one way or the other because we're not. Thank you. Thank you. Motion by Council Member Penamon for approval. Yes. Here the second. Who is the second? The Wizard of Second. Second. I have a second by Council Member Kramer. Madam Clerk, please pull the council. Council Member Kisman. Yes. Council Member Barton. Yes. Council Member Kramer. Yes. Council Member Petrinov. Yes. Council Member Khenon. Yes. Councillor Member Cramer. Yes. Councillor Member Petronoff. Yes. Councillor Member Cenneman. Yes. Vice Mayor Hutchison. Yes. Mayor Hainman. Yes. Thank you. That concludes 13C. That was B. B. Oh, 13B. Now going to 13C. The resolution of the City of Naples Florida 13B now going to 13C. The resolution of the city of Naples Florida establishing its intent to reimburse certain expenditures and connection with various capital improvement projects as more particular lead described herein incurred with proceeds of a future taxable or tax exempt financing or financing providing certain other matters and connection therewith and providing an effective bid. Mr. Young. Thank you, Mayor. This one here is the same as we did when we just before we issued the debt as it pertained to the bonds, excuse me, as it pertained to the garage and the pier. This is merely declaring that the moment we begin to spend money since we have an issued the long-term bond yet, this enables us under IRS rules to issue it as tax exempt bonds and turn around and repay ourselves in a portion. Should we reach the threshold of which we need to reimburse ourselves? And that depends, it's a very large project, so this is a safety precaution that you never run into a situation where you don't declare it to get all of your reimbursement back from proceeds. If you have any portion of it, you should do this. This is just an administrative thing. And again, this is an anticipation of us issuing bonds for the same purposes. We just outlined within the next 180 days. And they intend to reimburse ourselves if we begin to have expenditures during that 180 day period before issuance. Thank you. Thank you. Public comment? Any communications? If not, motion? Move for approval. Motion by Council Member Christman and a second by Council Member Petra Nov. Madam Clerk, please pull the council. Council Member Penamon. Yes. Vice Mayor Hutchison. Yes. Council Member Petra Nov. Yes. Council Member Barton. Yes. Council Member Christman. Yes. Council Member Kramer. Yes. Mayor Heimann. I yes. Thank you, Council passage unanimously. Not America, just for what I have one thing. Just a foreshadow. The next steps will be sometimes in the next 60 days. I'll be asking for the actual resolution to be before council to issue into the bonds. I expect to be pricing sometime in early December and then we would have a close sometime in January February when you return so that's really the Schedule I just went to foreshadow that for you so you had an idea of what that would look like and with that I thank you all for everything. Thank you very much. Thank you sir. You made it happen for us. Thank you, sir That takes us to 13 D Mr. McConnell. Thank you. A resolution improving a second amendment to agreement between the city of Naples and Zimbeli fireworks manufacturing company to provide for two fireworks shows during fiscal year 2024, 2025 in the amount of $72,500 and providing an effective date. Mayor, thank you and council. Let me jump in and make the first part of this presentation quick because the reality is this item would have been on consent had it not been for the chief's request to have a conversation about fireworks, especially during the New Year's Eve celebration and public safety. So, you know, to summarize, we've had an existing agreement with Zambele. We procure our own barges and we've been quite a bit of money in staffing over time, especially with public safety, to make sure that we put on as safe of a show as we possibly can. With that said, our community is very different today than it was 10 years ago, even five years ago, in terms of traffic. Cars on a road, people in town. And during the peak season on New Year's Eve, we have concerns. We have concerns for our residents, our residents' quality of life, ability to move around freely. And I wanted to turn it over to the chief to elaborate on that. We'd be remiss if we didn't bring this to you to have this conversation instead of simply having this on consent, approving it, and keep ongoing like nothing has really changed. Things have changed. Our world is a little goofy right now, and we just have some concerns that we want to explore with you. So with that, Chad, I'm just skipping your part of this and going to the heart of the reason we wanted to have this conversation with you. Good evening. Good evening. Sir of the Mingus Chief of Police, what I'd like to do is ask you all to consider not doing fireworks on New Year's Eve. And let me explain why. Fireworks, we all love fireworks and we love Fourth of July. And Fourth of July is a long day with the race and the parade and the fireworks. But that's a very different event. It's a very family event, very patriotic event. It's a different crowd, more or less coming to the beach. And we have different things that we deal with on the Fourth of July. New Year's Eve is a very different holiday. It's a holiday that essentially is, it's more adult, if you will, a lot more parties, restaurants, crowds, those kind of things. It's not necessarily the same, might be the same venue, but it's a very different feel and flavor of a holiday. So what I can tell you is it costs us about $141,000 the city for fireworks last year. We can round it up to $150,000 each time we have fireworks. If fourth of July is good to go different crowd and everything else. But New Year's Eve, I think it would be better if we didn't do them New Year's Eve. Save that money. That's something you may never see me come and ask you for not spending money, but there you go. But save that money, but instead of me putting 45 cops out of our 73 or two, our plus help from the Sheriff's Office and everything else on New Year's Eve, I would rather bring in 10 or 12 officers, have them work from, let's say 7 p.m. to 3 a.m. and really focus in the areas that we need to be at, up and down, 5th, 3rd, 3rd parties, noise complaints, double them up in the car, and really focus on what happens on New Year's Eve because how it works right now is we do the fireworks at 6 p.m. And then there's this LOL. But I've got to send people home because I can't have them work in 18 hours and all that. They would be fresh and ready to come in from 7 to 3 and actually work what happens in a year's eve, which doesn't really happen in 4th of July. It's a very different holiday vibe. So anyway, my request is for you guys to consider that. It is a savings, if you will, but it's actually culturally fits us better to do for the July fireworks and the whole thing because it fits. And then New Year's Eve, I use less folks but really focus on the problems that we have on New Year's Eve. Thank you, Chief. Council questions? I have Councilman Chrisman. No? Yeah, well, I was going to make a comment. I'll do it first. I support this idea. In the past, I suggested that we look at New Year's Eve and consider possibly ending the fireworks celebration. You know, there's, as we, I know Council learned some history on this a while back, it was probably before, before the last election, but I think the New Year's Eve fireworks tradition in Naples only began in 2001 and it was right after 9-11 and that's what spurred it, I believe, when I forget Mr. Allen gave a large contribution to support a firework celebration on New Year's Eve because of his feeling that there was a need for, you know, helping generate and catalyze a, you know, a filling of celebration and patriotism in the country, in the country and in our city. And it became, so now here we are 23 years later. And to me, fire works are, July 4th is all about fire works among other things. New Year's Eve is, you know, more discretionary. And I think it's not about money. It is about money, but it's not really about money. I think what the chief is saying is really more about public safety and how we deploy our police, our limited police resources on an evening when, it's a holiday, but there's just stuff going on. Just in nature, we's just stuff going on. Just, you know, nature, we know that. Stuff going on, and you want to concentrate on the big stuff. And the fact is, July 4th, you know, it is family, and it's really, it's about the residents. So there's visitors and tourists here in the summer. We know that, but New Year's Eve is probably much less about the residents and more about tourists and visitors. And that's another factor in my mind. So I support what you're recommending. Hi, sir. No, I supported as well. Good idea, chief. Save us some money. Save us in a lot of different ways. But I have to admit that the fireworks covered up the noise my family made from pots and pans. So I'm not sure I'm gonna stop that, but good idea. Thank you. Thank you, any other comments? I just have a comment question on the, because I support chief's recommendation on the resolution. We already have a contract. So we're just going to. So the contract ends into this month. So this is actually perfect timing if we make this decision that we would need to make it nails so that we could exclude those. So how do we revise this? Is this tour making baked into this, right? Correct. So we just removed, so you're looking at, we would remove a barge cost which is roughly 40,000,000 and then you've got the firework cost that's in there and I think for new years is 30 and I have to get a poll. What I have to ask is how do I say it when I make the motion? If we could, I think if you just authorize the city manager and city attorney to work with staff. Can we reappropriate that to the peer fund? That's a very question. Okay. Speaking can you. Yeah, I, you know, it basically, it'll go back to reserve. I mean, it'll just be an unexpended appropriation. So I think City Attorney's spot on just give us the authority to revise to have in this resolution the expense is necessary the appropriation necessary for 4th of July and eliminate the New Year's Eve event. And we'll effectively cut our expense in half. And I'd like to make a motion regarding 13D that we direct staff and the city manager to amend this so that we eliminate fireworks on the year's eve or we allow fireworks on the 4th of July. I have a motion by Councillor Member Cramer. Second. Second. Second. Member Barton. Madam Clerk, please pull the council. Council Member Petra Nav. Yes. Vice Mayor Hutchison. Yes. Council Member Kisman. Yes. Council Member Barton. Yes. Council Member Kramer. Yes. Council Member Peniman. Yes. Mayor Hattman. Oh yes. Thank you, Council and thank you Chief. Thank you, Mr. Mayor Hatton. Yes, thank you, Council and thank you, Chief. Thank you, Mr. Mayorit. Thank you. Again, at the end of the day, Mr. Mayorit. I apologize for that. That takes us to item 13E. Thank you, Mayorit. A resolution approving a Valley License Agreement in right of way permit application PRRW2401702 with standard permit conditions in the right of way operational plan for five star valley of call your LLC doing business as five star valley to provide valley services at the Warren restaurant located at 111 Tenshtree South authorizing the city manager to execute the valley license agreement and the right of way permit application and providing an effective date. Thank you, Mr. McConnell. Good evening, Council. Allison Bickett, W.C. City Engineer. Again. This item we have been working on for a while. We did receive an application, a right-away application, from Five Star Valley to request Valley services at the Warren Restaurant, which is located at 111 10 Street South in Unit 104. The initial application proposed services exclusively for the Warren restaurant patrons, but after discussions with five-star they indicated they will offer valley services for any visitors of the 111 Tens Street South building. Also notice the collective. They have submitted an operations plan providing for a pick-up location and valleys stand along 10 streets south with utilization of two on-street parking spaces, public parking spaces during the valley operations. It was noted that preservation of valuable on-street parking is desired and that is why you see there are only two parking spaces in lieu of the maximum 60 feet of three spaces identified within the city code. I will note within resolution 2023-15240 approval was granted for allocation of two on-street parking spaces from on-street parking pool south of central Avenue. With a prior history I did ask that planning staff make themselves available. Hopefully they're still here for any questions, if you shall have any. You will see in the operations plan that the route proposes their valley to head north from the valley station on 10th Street, fronting the building on Central Avenue in 10th Street South roundabout, and then returning south, turning left onto Central Avenue south, which is that dead end alley that you may recognize in the plans to enter into the parking garage. I will note this is the D downtown area. I know that there was a questions in regards to the application that you saw before you. The last meeting regarding the D downtown and requirements. This one in particular is unique in resolution 2017-14-083. It states that reserved parking is not allowed for commercial uses and parking. Thus, this has been noted and therefore it was relayed to five-star that the valley parking is not permitted to be reserved in the garage. Their proposal provides for value use and is to only utilize available parking spaces and they will not be reserving any parking spaces within that collective garage. So this is a bit unique. The code requirements do typically require that they preserve, they utilize private parking lots for usage and this one is a little unique as you will notice. With that I do want to turn it over. I know that five star ballet has been waiting this discussion for a while now and I will ask that they come up to provide some details on their operation for you. Thank you. Thank you. Good evening. Yes, sir. Thank you. Good. Yes, sir. We will just state your name. Oh, my name is Alberto Castellón with 5 Star Valet. We've been providing services to the Warren now for a little while, but their hope is that we can do this at their front door, which requires the two spaces that we're requesting in front and use of the right away permit that we're requesting. Currently, we receive the cars inside of the garage, but we don't have any signage or anything like this that directs patrons in there. It's just people who come to the restaurant and see us there. It's an amenity that the Warren wants to offer and that's what we're requesting here today. Okay. Thank you, Council. Questions? I don't know. So my concern is that you are taking to public spaces in front of the warn. If it's just signage and no one knows you're there, to me pulling off of central, I mean off of 10th, especially after that roundabout. But to go up and create more of a turn and create congestion on the road it just doesn't make sense. So what's wrong with the plan now? Well, currently, I mean, like the idea for the Warren is that their patrons can, I mean, Valley Services, you know, luxury, it's a convenience. And that's what they want to offer their patrons can, I mean, Valley Services, you know, a luxury, it's a convenience, and that's what they want to offer their patrons. So the idea is for the patron to be able to pull up right to the front of the restaurant. As a concession, we said we'll park anybody who wants to come to the collective, you know. On average, really, like it truly is a luxury service. On average, we don't park more than 20 cars in a night, 20 to 25 cars. So that's spread over five hours. The ability to self park in the garage is fully available for those who do want to use it. We staff two team members at all times, so if you think about it, I mean, it's like that we're never congen- the two spaces, we didn't ask for three because we don't need it. You know, I mean, it's just- That's what our experience has been. And did I hear that you cannot park in the garage for the valley? They- No, we can. We just can't reserve spaces. So it's whatever first come first serve, you know, I think there's I'm not mistaken. I think there's we have that There's 169 spaces in the garage like I said at any one point we may be have Call it 25 cars going nuts, you know Like in our possession. Thank you vice mayor. Yeah on you know I kind of see what the mayor was talking about on the front of the building. You're requesting two spaces and by the way your team seems to do a beautiful job, especially at that property. What I would support is having the signage out on 10th Street, you know, where you go back to the garage and the sign when you're operational, a valet available at the front door with an arrow point and right down where you turn to go into that garage, your people, if there's room, the people staffing right there where they're visible, it's obvious that it's a valet operation instead of hidden back in the garage. The times that I've been there, when you pull into the garage and valet is in there, it's not clear that you have another choice. So if there was signage developed that said, hey, you've got a choice of valley here or you can self-park that creates, that eliminates some of the stress and confusion as people pull in. But I understand why the Warren and others would want the service right at the front door. But those parking spaces are precious. Thank you. Councillor Member Barton. That's similar sentiment. The spaces are few and far between down there on public right away. I certainly do appreciate the ballet services that we have here in the city because it solves a lot of our problems. I certainly again, same sentiment would support a better signage for you so that you are communicating better with folks as they're trying to come in for dinner to use the restaurant there so that it's easy for them to realize that they can do both one of those two things. If they don't want to park on their own and drive through the garage, that's fine. They can also pull in there and use your valet service. But again, the spaces are just so few and far between. So I would embrace a very obvious signage solution for you guys so that people know what their options are from the parking perspective. But I'd rather not use up the public spaces there on on 10th. Other comments? Do we, do we have, if we don't, you're ready to make a motion? Oh, please, go ahead. Just, I get it about not wanting to give up to public spaces, but I think we also have to be realistic that if, if, in my opinion, if they can't provide value at the front of the restaurant, it's not going to, it's not going to work for their business very well. I mean, sign, sign, each can improve things. It's not going to work for their business very well. I mean, sign each can improve things, I suppose. But if somebody's going to have to know, first of all, if you're going to go down the side and go into the garage, you're already in the garage, you may as well park yourself. And if that's where the valley is, and most people aren't going to know that or realize that even with the benefit of better signage, my opinion. But it's a trade-off. Are you going to give up to two spaces to allow the valley to work, a system to work well or not. And I don't feel strongly one way or the other. I'm just pointing out what I think is the reality of the situation. I guess I'm looking at when we had it on Fifth Avenue, on Street, it created congestion and backup. And even now, on Lake Drive, it creates a backup. So I'm looking at the backup and the other point is, you know, on fifth where you have, you're giving up a couple spaces now on Lake. It's, you're supporting a whole bunch of restaurants with the Valois. Here it's just one restaurant. Two spaces to support one restaurant. So yeah, so far. Yeah. OK, any other discussion? Yeah. I have public comment. OK, OK. One more note. So just to be clear, like our operational hours, the restaurant is open for lunch. We usually don't start up there, click on. We start up at 2.30, so most of the businesses in there are closed after a certain hour. I think it's five o'clock, so that's why we're mostly serving them. Also different than Fifth Avenue, I would say anybody would agree it's far less congestion. I mean, it's nowhere near the amount of traffic on that street. You know? So. OK. I have a public comment. Are you asking a question? I was going to ask a question. Please go ahead. What are there any particular nights of the week that you're particularly busier than other nights? Oh sure. Definitely Thursday, Friday, Saturday would be the busiest nights. Okay. So I'm assuming council that we could abbreviate the ask to perhaps, you know, the busier nights of the week as opposed to being there seven days a week. It also be interesting to sunset that Again beta test it See how it does see it because it's problems Maybe two nights a week Saturday whatever they are Friday Saturday night for Six weeks and come back and report or something Just a thought Council member Kramer. I have public speaker if you're going to try. I'm just- I'm just- Yeah, comment. Comment. I agree. If you're going to do it, you need spaces and I don't know if it makes sense having- They'd have to go a euternity back by the time they got to the sign anyway to see that it's back at the garage. Also, Kudos to you guys having a valet. You're going to have a run. That place is packing. I've got to be on the top of that garage. You're going to have Olympic athletes running cars for you, Matt. But having said that, so I see your effort. We've allowed others to use spaces in the city. It's hard for me to say no to this. Okay, I have public comment, Mr. Myers. Thanks Greg, Myers. Valet is a great concept, but I think Mr. McConnell tell you you can't allow private commercial businesses to use public space. I believe that's low. And a number of cases on it. And to Mr. Christmas Point that, well, they have this restaurant. If they don't use two spaces, they're going to have restaurant. The problem with a lot of things, the way they work here is you build it and you don't design it properly. Portico, Naples Beach, I tell. They knew that. But let's talk about this restaurant. If you're going to want Valet, then you need to set your building back. You don't use public right of way, public space, and you're not allowed to allow them to use public space. It's not in your prerogative. You have no authority to do that. So wherever you're doing it, it should stop. And if you don't see the problem half your time, maybe more is spent on outdoor dining. Well, guess what? When Duane came through and he said, Paul, he's building some property line? That's their problem. Not a hard problem. You can't take our sidewalks and our streets. So this is really bad precedent. And starts with a little creeps. Moves the line. Next thing you know, well, we let them have some spaces. And I just heard, well, we let them have spaces. And we can't turn him down. Aloney. Draw the line right here and you take back the public space because one, it's the right thing to do but two, you have no legal authority to give away public space to private commercial enterprise. Thank you. Thank you. Ms. Bigot? I would just like to add that this is similar to the other request where we did put together a license agreement. So there is an authority to, and it's actually within the code requirements too, if there's any problems with the valley, we have the authority or city manager has the authority to revoke the request at that point. So I just wanted to indicate that as well as I didn't mention that previously. Is there some signage issues with being able to put signage on both sides of the streets if they were to continue their practice? On 10th. Right. As long as the visibility is clear, I think we could accept the signage on both sides of the street. So if you were heading south, you'd know you could go left to Valley. You wouldn't have to go around and turn around at the other round. Yes. Okay. Vice Mayor and let's. Yeah so signage for City Council and the public. I've been driving through the community looking at signage as it relates to valet services. And what's really going on is signage is being deployed and left in place all full time. So imagine you should have been able to see this over off of Lake, off of Fifth Avenue, where it's a sign that's put in the ground like a political sign, right? And it says, Valley only from X time to X time and it stays there So if you want that to grow Then let's keep moving that direction And if you don't then we need to think of something else either that or a commitment From the valley services to get those signs out when they're not operating, right? These are details that have to be managed to get those signs out when they're not operating, right? Code of course. These are details that have to be managed. If we continue to go down the path of valet services in the public right away. Thank you. Okay, so Council, do I have a consensus? Because I don't approve. If we're going to approve it, there should be certain things we're going to approve. But if we're not going to approve it, maybe there are things we can help assist. But I agree with you about the proliferation of signage and that they're not following. And I don't even know if it's in the agreement. Yes, sir. Yeah. following, and I don't even know if it's in the agreement. Yes, sir. Yeah, we can set here and go through all the sausage making and hash out details. Oh, there's no. Or, well, there is, depending on which direction we go, or allow them to go back with staff and work out a plan that really works. It addresses the whole signage issue, the peak hours of operation, Thursday, Friday, Saturday, if we're going to do that, or really assess the property and see if they can really people pull it in, you know, to address the comment that you made about people coming back around. People pulling in, getting the valet to take the car right there as they're going into the garage. A short walk, modifications. So, in the interest of time. So thank you, Madam Mayor. Councilor Mcmaw. I think Vice Mayor has a good suggestion. I would like to suggest that Miss Bickett work through this more with any other appropriate staff and the applicant and come back with what she thinks might work in terms of just let us know what kind of a signage plan alternative might work. I mean I sense there's a consensus here that we don't want to give up the two public spaces, but I don't know what the best signage is. It's in the agreement. Yeah, exactly. There's a couple of locations in the agreement that it refers to the signage one being that the signage in valley, under number 20, it states signage in Portable Valley station shall be installed at the beginning of the daily service period and removed at the end of the daily service period. So there should not be remaining and we've in response to the other comment we are actively working on that particular location. And there are other references for the signage, shall it not the number six, the place of an assignment, signage on that block it not. Number six, the place of the signage shall not block any intersection. The preferred sign placement is that intersection corner locations outside of the traveling and adjacent side streets. There's a few different locations in here in this agreement that identified proper signage locations and this is where the requirement is. And this is without the two dedicated parking spaces. This is the actual Valley Licensing Agreement that's on your package. With the two. Correct. Yes, for the two parking spaces. Yeah. I'd like to get a consensus that we are not giving up to public parking spaces for VLA. Can we see if we can we and you're saying generally speaking and carrying forward as to whether or not we want to give up public spaces for private enterprise. Honestly no. We're talking about this particular VLA service or we're talking about in general. Well this particular one. No I don't want to do these two spaces that we're discussing here today. No. No. No. No. No. No. No. Okay. So if we look at this agreement, they're operating. They still have to have an agreement. So this agreement needs to be changed. They may not. The only reason that this agreement is here, and this is the second Valley Company that we're utilizing it for, because before, remember, you all were just granting this through a permit, but we're not giving away public property. We're allowing someone to use it for a set period of time, which is laid out in the license agreement. Which is what we don't want to do. And that's fine. I just want to make clear that we're not giving up public property for private gain. We're allowing someone to use public property to license. Just like we allow construction workers to use public property and construction sites. But that is taking away from the public parking. And I'm not selling this, I just want to make it clear because I've heard some comments here we're not giving away property. But yes I don't think we'll need one. If we're just talking about signs that are not on the right of way, then I don't think this city would need to be involved in the authorization. They're keeping their signs on private property, then our sign code would be applicable, and that would be it. Okay. Okay. Well, then Council, there's unanimous that we do not want to give the two spots away so I guess this is null and void new conversation and I'm sorry that you sat with us all day long to find out that we didn't want to give away to public spaces. Mr. Woodish, why? I'm just thinking for clarity. I think it's probably appropriate for you all to take an action because there is an official request before you. So we're hearing a consensus that you're not favorable to this. So I recommend that you make a motion to deny the request. Then I'd like to make a motion to deny that request. Second. Of a motion to deny by Council Member Petrinoff and a second by Council Member Barton. Madam Clerk, please put the council. Council Member Pintin. Yes. Council Member Barton. Yes. Council Member Peniman. Yes. Council Member Christman. Yes. Council Member Petranoff. Yes. Council Member Kramer. Yes. Vice Mayor Hutchison. Yes. Mayor Hartman. Yes. Passes to deny unanimously. Thank you. Mr. Bickett. Hi. Thank you. Thank you. Thank you. Okay. That takes us to item 13. Mr. Vittishman. Thank you, Mayor. Mayor and council, this item was originally on consent. Yes. That is going to take over for me. A resolution approving amendment number five with AECOM technical services and to provide professional engineering services to develop four resilience projects that include a business case for resilience, resiliency, and inventory of seawalls with updates to the seawall height ordinance a summer hotspot thermal analysis and development of climate resilience, sea outreach materials, and providing of climate resilience, see outreach materials and providing an effective date. Thank you. Mayor, council, again, this item was originally on consent. It's not a big spend. It's something that's budgeted, but thought it was important that we spend a couple of minutes just to highlight the fact that this initiative is one of many things that we will be doing both physical and non-physical in the upcoming years. This is really kind of a baseline step for us. And I wanted Natalie to have the opportunity to talk very quickly about what this deliverable is and what it will do for us for planning purposes going forward and also spend a little time just to kind of update you all on actions that are underway in a planned workshop that we have for January. So really not about the amount of money but more about making sure that we shine a spotlight on some very important activities that are coming up. Thank you. Good evening. Good evening, Council. How is everyone tonight? It's been a long day. So I wanted to ask for you to give approval to for us to start our resilience efforts with four resilience projects. And this is out of the 47 strategies that were approved in June for our adaptation plan. So I'm asking for this money out of our current year's budget and get us started. So they include the business case for resilience. This is a cost-benefit analysis of adaptation strategies. We are going to have regional collaboration with this. They are working with the South Florida Regional Planning Council and conjunction with the Southwest Florida Regional Planning Council to develop this strategy. And this is going to be similar to the business case for resilience that the Southeast Florida did and Tampa Bay did. So it's going to be similar to the business case for resilience that the Southeast Florida did and Tampa Bay did. So it's going to be in the same templates that was previously used in other areas of the state. We have the outreach materials. This has been requested by numerous staff for people walking, you know, walkins into the different offices and for outreach events. And we'll be working, you know, we'll be developing it, but it'll be used citywide by several staff and departments. We have the hotspot thermal analysis and this will help to inform other strategies, namely number six, and appreciate opportunities in neighborhoods, and help us with our socially vulnerable number four, socially vulnerable neighborhood strategies. And frankly, it was kind of just very inexpensive, so I thought I could fit it in since I had a few dollars. And then the last thing is number 17, our height, our sea wall height study. We need to determine kind of what's going on in the city with our sea walls and this is going to inform our comprehensive plan, our city codes coming up and this will also help us with any language associated with those, with the comprehensive plan and with the city codes and any ordinance that may need to be developed. So this will really help get us started, you know, as we go work through our comprehensive plan stuff. So those were the four of that we started with. And, you know, we just, we're hoping that, you know, to get use this year's budget, left overs from this year's budget to get it going. I'm so glad you're talking about it because I think I'm kind of still lost in what we're doing. I know you're looking at raising the vulnerable areas for the seawalls? No, for the seawall study, we are looking to see what we have in the city. You know, what are our seawall heights? And to look at other areas of the state and determine what they're doing, because a lot of areas of the state have minimum heights for seawalls. We have maximum heights for seawalls, which may or may not be beneficial with sea level rise. So what we need to do is kind of determine what we have, what other places are doing for the sea level rise issues, and if, you know, maybe we need to have a minimum height in the city, maybe we need to have a minimum height in the city maybe we need to have a phase approach going forward You know we don't know the answers to that. We're trying to determine that so in that case you know We would look to the study to help inform us for these plans. You know these changes these options and How long will this take? All these are all every one of these will be done within the year. Thank you. Council Member Christmas. Yeah, I'm really excited to see this, these four strategies move forward and that if it was 10 o'clock this morning rather than 6.45 to 9. I be even more enthused. And when I have a longer conversation. But you said it's in the agenda, but just to remind us all, we went through this massive adaptation planning effort. It yielded 46 priority strategies at the right number. And now we're starting to take individual strategies and move them into implementation. So what we need to be doing, it's going to take several years to do it all. And I know we're going to have some workshops in a few months ahead where we can dig into this more. But I think I support this. I know we're going to have some workshops in a few months ahead where we can dig into this more. But I think I support this and I think it's a great set of first steps. Thank you. Thank you. Vice Mayor? Natalie, thank you for bringing this to us. I think that I like the conversation around sea wall heights. Keep it in mind that there's private sea walls and then there's city owned that we've had discussions earlier today. I saw some slides in the budget that we just reviewed. And my question is, and I'm not gonna get into it now, but during correspondence and communication, I'm gonna have some comments and requests related to level of service. And I don't know the extent to which, sea wall heights, the work that you're trying to do, in this retaining the services of ACOM, how that is connected, if at all, to any level of service and concurrency issues. So my ask is going to be make sure that this is in the right place, at the right time time and we understand how it fits in with other stuff that we should be doing. So thank you. I'm Petra now. Thank you for this. The 46 or 47 items just having so many. Are they prioritized and in any on impact and cost, some sort of cost benefits so we know where to start versus doing the little things that might be lower priority? Do we have a good list of those things? So one of the things that we asked during the June approval process was to give us some latitude so we didn't have a specific list in a specific order. I mean they are ranked in order but we didn't have a specific ask you know do these in a specific order for multiple reasons. One of the reasons was that some of these inform other studies so we need to start with one in order to go through and do others. Another thing is that grant wind is open up at different times. Like for instance, our number one strategy was the watershed master plan. But there's a grant that's going to be opening up here in another month or so. I'm not sure of the date because no one will let me know that. But I know it's coming. It should be opening up before the end of the year. So let's see if we can get that grant. I still have to go through a bidding process and stuff, but let's see if we can get that grant. And so there would be foolishness on my part and not fiscally responsible if I went ahead with that project when I might be able to get a grant for it. So that was part of our ask in our last, you know, in June, and you know, I really appreciated that everyone agreed with that. So that's where we are. So I'm kind of looking at things in that order and you're trying to work down. They'll be, you know, bigger projects as we go along, but we just need to get some information first in order to help us. Okay. Prioritize as we go. All right, and then on your on your temperature, your thing, you're going to be going through the neighborhoods and looking where the hotspots are. There's two. There's that one is that this is the thermal hotspot. And I was unaware of the heat island study. That is something that a community member discussed with me after the June meeting. I think it's a great idea. They informed slightly differently. One is informing a temperature analysis over time and one is going out hands on for one week. So there's some slightly different results that you get from that. I did look that up, and that grant window opens up in I think December or January. So I figured we can see, and that grant actually pays for the whole thing. So I'm like, OK, well, let's see. We can still do this. That this gives us a certain amount of information, and we can still pursue that when if we can get the grant for that, that would be preferable. I was looking around at MIT's laboratory experiments and came across something that is free, that is if you know GIS. And, you know, a lot of these cities have mapped these things out, but you can do a circle around what area you want to go in, and then they look at a tree coverage, percent greening, and they just did some examples of they took citywide and put it out there on, you know, all over the world. And, you know, it might be something to explore with them. They're always looking for partners and I think they're a smart group of people. But on this particular thing, they've put all of the tools out there so that anybody that knows how to use Google Earth and GIS data can do this themselves. I just sent you the link. I love the idea because we say that we have, I think, 30% coverage. I think that might have been the last report that we got from Heather Shields. And, you know, but it varies wildly by neighborhood. And I think maybe from that, if we look at low canopies, say it's 10%, then we know we're to focus on, on taking temperatures, because I think we'll find that they are a lot hotter. That's great, and thank you for sending that to me. I'll look into it and see what we can do. Okay, thanks. And then the other thing that I'm still on is having, you're talking about all these projects like you have dozens of people working for you. And I know you don't. And I know you didn't ask for many. Do we need to have a board that for resiliency in the environment of subject, you know, matter experts in that, you know, that are in our community that are chomping at the bit to try to work through some of these projects and prioritize some of the projects and really be an advisory board to us. So, you know, one of the things that I've been talking with Jay and Bob about is having a series of workshops or other types, maybe in workshop is too strong of a term, but having gatherings where we can have give and take conversation because I think that like one of the things we just found right now, you just gave me a great idea that I need to look into more and explore. So I think that's when you have like a whole community coming together with interested people, you know, coming together and wanting to pursue different resilience options. I think that that is very beneficial and I think that that would help the, you know, help us go forward. You know, I don't know. I'm not saying yes or no. I don't know about the advisory board. But I think that, you know, I think we need to have like conversations first to find out what, you know, specifically we would want to focus that board on and that type of thing. And I think that these conversations that we can have coming up during the next six months, ten months will help inform that dialogue. So I met some people in the community that I hadn't met before and just wonderful ideas, wonderful conversations. It's been really great meeting people and I really frankly am enjoying it. Maybe I'm a little selfish because I like going and getting out and seeing the people. So you know, I'm not 100% sure about the answer to your question, but I do know that I want to have gatherings where people can get together and express ideas. I'm just thinking because there is, it is probably the largest line item when you lump all of these together that we are spending and need to spend. And there are so many actions we could take that it, I don't have a clear sense of should we be raising roads in pieces of aqua and shores or should we be swaying or should we be building seawalls. We've got to be really surgical about this because it seems like everything in your department except for these studies you mentioned is just, it's so expensive that it would be helpful to know, this is what we're doing this year. This is how much it's gonna cost, and next year and the following year, because in the meanwhile, we are all getting the phone calls from different neighborhoods saying, oh my God, I flooded again. You know, are we to raise the roads? When are you going to do the storm pump stations, et cetera? Mayor, if I may interject. I would so. Yeah, just I just want to reinforce our commitment to you for multiple workshops. And I love what Natalie is doing and engaging in the community, folks who are, quote, subject matter experts and those who may not be subject matter experts, but have a lot of interest and can provide a lot of ideas to us as we move forward. But you're absolutely right. We need a prioritized list of things that we are going to do and what order and what the costs are. So there's a lot of work in front of us and this is a year that we need to do it. One of our commitments to you is as we go through and evaluate and put together this work plan, let's talk about a committee. Is there is would it be constructive? Would it be meaningful? Would it be helpful or would it slow us down? I don't know. But to have that conversation we decided let's integrate that a little bit later. But we absolutely have to have a plan. We can't just spin the wheel and decide what we're going to do each year because a lot of this work that needs to be done is progressive. It's going to layer upon each other and some of this initial work that we're talking about today is going to very much so inform what that plan looks like. I would be even interested in what is our matrix on how we prioritize things. Yeah is it by you know flooded road is it by volume of traffic and long certain corridors is it by you know some other methodology so that we know that we are surgically focused on the things that we need to focus on to keep our community safe and build resiliency. Well, keep in mind that the adaptation plan is a prioritized list numbered one through 47. So that was the prioritized list that was developed with community input, you know, elected official input, you know, and just everything. You know, all the considerations staff, and that type of thing. So you already have that. You have a prioritize list. We do. We are concentrating on ones. These are, what is it, 2, 9, 10, and 17? 17 was just really, really important for us to get started now so that we can have that information when we develop our comp plan and our code changes. So it was just really important for me to get that going. I mean, is it by road? Is the priority list by road? It has to do. There was a lot of factors. I can, I can, so as they went through, it has to do with sensitivity analysis of our vulnerability assessment. So we had our vulnerability assessment and there were areas that flooded. Just those types of things that were considered during our vulnerability assessment. And so in that case, totally facilities that were in the, you know, say a more flooded environment would receive a higher score than things that were in the, you know, say a more flooded environment would receive a higher score than Things that were not evacuation routes, you know if evacuation routes were Underwater during you know flooding events, then that's a problem You know we would need to prioritize so if you look at the adaptation plan if you look at the back the 40-sem strategy They're in order and they were you know informed from So much input and so much work. So you have a prioritized list. Where does this fit? Where does what fit? This particular. The four. The four, they're number two for the business case. Number one, we are doing the watershed master plan. And that is a grant that's coming open Number one, we are doing the watershed master plan. And that is a grant that's coming open and like November or December. So I got waiting on that. Then we have two is the business case for resilience and that's on this list. Number three, I believe is the socially vulnerable neighborhood. No, sorry, three is the expand coordination with the county for regional flood support. We've had the expand coordination with the county for regional flood support. We've had our first meeting with the county. We're working on getting it set up on a schedule and stuff. Forest evaluate options for climate hazard protection and socially vulnerable neighborhoods. That project is I'm kind of waiting to see, I know that the Army Corps project is going to be doing some or proposing some work. So I wanted to kind of let's just see what they're going to do and then we can kind of coordinate with that after the fact. So I think Mr. Bhutishwar and I were talking about having this come back so in January. So I plan to go through this in excruciating detail in January. It'll be at a workshop, you know, the January workshop and we'll be able to have a great discussion about everything that's transpired, you know, over the summer through the fall. And we can't do it before January. It just gets hard with the holidays and stuff like that because we have the abbreviated timeframes in December. And also the Army Corps. I'm waiting for the Army Corps report that's supposed to come out in December. So yeah, we can have it earlier, but we may not be better off waiting just another month to help us. Okay. Thank you. I'm so glad you're being proactive on this and I'm with Council Member Christman with we really are excited even though it doesn't appear to be Council Member Christman. I'm making a motion. I'll make a joyful motion here to approve. Oh, I have a public coming. Sorry. Mr. Myers? Hi, Greg Myers goes for a bold word north. So I see in this item it says inventory of sea walls. So I was out on the beach last week down by my house and I walked in front of the beach club and I walked off the distance of the HBs. It's 230 yards, 230 feet I'm sorry, concrete to concrete. And it's a lot bigger than it looks on the plants. And I bet nobody's done an Asbuilt Survey for that project because I'll guarantee it's not what it is on the plants. No, silence. And here's the other thing. I went back and looked. Not only is it bigger, it's closer than where it showed on the plans. And guess where it showed on the plans? Which your staff approved the coastal construction setback line permit. On the plans, it's only 30 feet away from the erosion control line. State statute is 50 feet into discussion. So now I have a 230 foot long sea wall, concrete sea wall, but it's 15 feet high. So I have a, the last time we had a storm event, so evacuation routes under water during flood events, I have a really great video on my phone because I was out front after it stopped and you know they raised the road in front of the beach club three feet. Okay? And I've been here since 2005. Never have I had it been flooded from South Golf all the way past Summit Avenue North. And I sent you the video, Mayor. Yes, you did. It's a great video, wasn't it, where the girl rode up the street and her truck and she was laughing and she yelled at me look a no-wait zone. So where do you think all that water from that giant freaking concrete block from the beach hotel to building ABC and now HBs that's within the 50 foot erosion control setback. Where do you think that water's going? That's why in front of my house there was three feet of water from not even that big of a storm. We're going to have a lot of work to do. Vulnerability assessment. So many actions we could take. Do we need a board to advise the city council workshops? This is a good one. What the cost are. You know what the cost are? To follow the code and the law, the cost are free, zero. But your staff sitting right here wanting to do studies, gave them a coastal construction setback line permit that violates the law. It's not going to stand. I guarantee you, it's in court now, and it not going to stand and I'm just, I am so frustrated and disturbed with you all that you continue to allow this to go on. This is special interest. It was done on purpose. It's right on the plan that went before DRB. And it's even closer now to the ECL, and it's bigger. That's not a rebuild of HBs. That's a 15,000 square foot plus standalone restaurant. On a piece of R3T18 ground that doesn't allow for commercial use. With storefronts. Three minutes, Mayor. Thank you. Yeah, do that. I'm not going to do that. I'm not going to do that. I'm not going to do that. I'm not going to do that. I'm not going to do that. I'm not going to do that. I'm not going to do that. I'm not going to do that. I'm not going to do that. I'm not going to with that. Please, thank you. We're not having any kind of behavior like that. It was his behavior. Yeah, okay, stop, please. Natalie, Ms. Herman. Yes. You would ask me to make a motion there to conclude this item and I'd like to make a motion to approve the resolution for 13F that would allow the four resiliency projects identified in the resolution to move forward and to expend the money required to do so. Second. I have a motion by Council Member Chrisman and a second by Council Member Petranoff. Madam Clerk. Please pull the council. Vice Mayor Hutchison? Yes. Council Member Peniman? Yes. Council Member Christm�? Yes. Council Member Barton? Yes. Council Member Cramer? Yes. Council Member Petranoff? Yes. Mayor Hayden. Yes. Thank you. And I do want to know whether there was a administrative approval on the Naples Beach Club or that it's not the proper name for that seawall. I know that you came before us about an item for approval and somehow I can't remember exactly what happened but we unrelated. Okay. I did know. I don't know. Yeah. Completely unrelated. And I do think Mr. Bhutishwar, the coastal construction set back line is something that we really must look at in how those approvals are being made. It used to come before council. It now is an administrator. I can promise you that we are complying with our codes. I'm sure. I'm saying it used to be in the code that the council would have an approval on that somewhere. Down the, it changed and it became administrative and I think it's something that we need to look at and we need to be preparing for the future in our comprehensive plan so I'm glad that you're working on the comprehensive plan before the consultant is hired because that's what you should be able to tell us those things now from your point of view what we should be working on and I look forward to that. Thank you. Have a good evening. Thank you, Matt. Mayor, do you mind if we skip 13G and I just do the two announcements for the executive session, 13H and 13I. It'll take like two minutes. Yes, go ahead. Thank you. He's on. Be my last read of tonight. The city attorney is announcing his request for an executive session close to the public for the purpose of seeking advice concerning settlement negotiations or strategy related to litigation expenditures associated with litigation style, Keller, Rachel versus City of Naples case number 23-CA-002955. 20 of judicial circuit in and four Collier County, Florida on October 2, 2024 at 1230 in the city's conference room on the second floor of City Hall. The executive session is expected to last approximately one hour. Tire session shall be recorded by the certified court reporter. The reporter shall record the times of commencement, termination of session, all discussion and proceedings. The names of all persons present at any time in the names of all persons speaking. No portion of the session will be off the record. The court reporter's note shall be fully transcribed and filed with the city clerk within a reasonable time after the meeting. No action will be taken during the executive session, but action may be taken concerning settlement negotiations at a future public meeting. Following individuals will be present during the executive session, Mayor Teresa Heitman, Councilmembers Terry Hutchinson, Ray Christman, Beth Petronoff, Bill Kramer, Linda Peneman, Byrne Barton, City Manager Jay Butishwar, Beth Petronoth, Bill Kramer, Linda Peneman, Bernbarran, City Manager, Jay Butishwar, City Attorney, Matthew McConnell, Assistant City Attorney, Ralph Brooks, and Attorney for the City's insurance career, Jeffrey Hurcom, and a representative from Dimes Court reporting. Thank you. I didn't. I could have combined those. Yes. Thank you, Mayor. The city attorney is announcing another request for an executive session close to the public to seek advice concerning settlement negotiations, presuming to Florida statute 286.011 subparagraph 8. Case style is Lori Rosemary versus City of Naples, case number 23CA 2209 in Collier County, Florida. On October 2, 2024, at approximately 130 or immediately following the previously scheduled executive session. City conference room on the second floor of City Hall. The executive session is expected to last approximately one hour. Core reporter or shall record times of commitment. And all discussions, no part of the record shall be off the record. City Council will not take action during the executive session, but may take action at a future meeting. Following individuals will be present, Mayor Teresa Heitman, Council members Terry Hutchison, Ray Christman, Beth Petronoff, Bill Kramer, Linda Peneman, Bern Barton, City Manager, Jay Butterswar, City Manager, J. Buttigieg, City Attorney, Math and McConnell, Assistant City Attorney Ralph Brooks, and Attorney Jeffrey Hurcom, and a representative from Dines Court reporting. So we have two on October 2nd, 2024, one beginning at 1231, at 130 or shortly thereafter. Thank you, Mayor. Thank you. Now we'll go to 13G. Mr. Buttigieg? Thank you, Mayor'am. Thank you. Now we'll go to 13G. Thank you, Mayor Council. I'm looking for your approval of the 2025 City Council and CRA meeting schedule. As you all are aware, our code requires that Council meet on the first and third Wednesday of each month for regular meetings and as a matter of practice you also meet, you have also met on the third Monday of each month in a workshop setting. The code doesn't require a certain number of CRA meetings but you have traditionally held four to five meetings a year appropriately spaced out. So before you today is a proposal for your meetings in the upcoming year. I do want to point out a couple of things. In the month of February, the second meeting of the month was, I'm sorry, the third week of the month. The Monday is a president's holiday, so we have adjusted consistent with what we did this past year, your workshop and your regular meeting that week to the Tuesday and Thursday to avoid a back-to-back meeting. So I wanted to point that out. Also, I wanted to point out in October of next year. October 1st is Yam Koper. And we just want to make a note that we want to try to be considerate of the high holiday and be done by 5 p.m. that day so that'll be a lighter schedule like today's schedule. I was a joke. And the last month that I wanted to point out was the month of December in keeping with our plans for this December. We have back-to-back weeks of meeting, the first and second week instead of the first and third to allow for an extended winter recess. So we're looking for your approval today because the sooner we can get this approved, the sooner the other, the boards and committees can begin scheduling their meetings around yours. What you don't see on here are any pre-scheduled special meetings. That's one of the things you asked us to avoid this year. Of course, we can always schedule special meetings if we need special meetings at any time in the year. This will allow staff to properly plan and get our meetings organized. And January is right around the corner. So with that just seeking your approval of the schedule. I'll just say on the CRA meeting for April 10th I'm not available to attend but you know the majority of rules it would be really good if we could know, if there's a council meeting that we do the CRA meeting also, but I don't know if that ever works out. I think we should make sure everybody can attend every meeting at this point and we could move the CRA meeting up to the prior week. Yes, absolutely. Absolutely. We could do, so we have a regular meeting on April 2nd. We could have the CRA meeting on April 3rd if that works with your schedule mayor. Wow, I'm not the only one, but does it work for everybody else? This is really short notice to try to come back on my account. I got to put back on my account. I work another job. I can't make a minimum of 7 minutes. No way to commit to this right now. The change. Any changes? Yeah. No. What? If there's only one, if we're good with this schedule, all of seven of us with the exception of that one meeting. Perhaps you could, by email, just check with everybody, subsequent to this meeting, Mr. Bush, who are absolutely. Suggest the April 3rd, or maybe give two alternative dates and see if we can get a consensus. That would simplify it. Happy to do that. And then we can approve this today with that one date requiring some further approval. Okay. Okay. So, motion? Okay. So motion. I'll move for approval of this 2025 workshop in meeting schedule with further conversation to occur around finalizing the April CRA meeting date. Promotion by Council Member Chrisman and a second by Council Member Perman. All in favor, signed by aye. Aye. Opposed? Aye. Is there dates that you want to at least give Mr. Bhutishwar right now that if it's a conflict? I mean, okay. Fibir, I've got a conflict with TDC. I've got a conflict with Southwest Florida Regional Planning. I don't know if I have to do those. I'm sorry, I'm what? It does in February. I got it. That is an appointment. I need a little time to digest and coordinate. I missed Mr. Kramer, right? It's in one sound. Yeah. I miss Mr. Kramer. I miss it months out. I think the only thing that's not normally scheduled or the CRA meetings. Well the ones that just got moved in February, because of President stay holiday and then not meeting back to back. I'm working on that right now. So in lieu of that, it doesn't matter. I'm a minority voice. Well, you may not be figured out. You may not be. Just a vice mayor. Yeah, my, the only reason I voted know is that I agree that, and I thought the discussion was to allow the city manager to come back to us via email. I couldn't sit here and approve vote yes on some dates that are questionable because similar to Councilman Kramer, I've got commitments way out based, a meeting cadence that has been adopted historically. So my ask is just to allow the city manager to communicate with us what might be changing and allows to respond before making that formal approval on a vote. So thank you. That's all. And Mayor, I'm happy to include the February 17th and 20th meetings in the back and forth. Those are in addition to the CRA meetings which aren't set by the code. The only issue in this proposed schedule that conflicts with the code are the meetings on February 17th and 20th because of the President's day holiday. Alternatively, you can keep your third Wednesday of the month meeting on the 19th and skip the workshop for the month or the third. Or move the workshop to the third, but that's a date that everyone's going to have to check. Right. So check that. It was as an alternative, Kramer. No, I'm just looking at the 17th being, saying Patrick's Day shouldn't affect us because they'll celebrate on the weekend, but in March. OK, so we'll, we have a motion and a second and we had a vote. So we're still back to Mr. Bush, where it's going to end out a confirmation of dates that may conflict so that we have a majority of council there. Okay. Thank you. Oh, Miss Martin, we have a reading. Mr. McConnell. In ordinance for the purpose of emending the city of Naples comprehensive plan to incorporate amendments necessary to address the city of Naples adopted evaluation and appraisal report in parentheses year Providing for a transmittal to the Florida Department of Economic Opportunity and other required review agencies providing for conflicts providing for severability and providing for an effective date Good evening, Miss Martin. Good evening, Mayor and Council Eric Martin, Planning Director This is second reading of your comprehensive plan to incorporate the ear-based amendments. So the council did hear this on first reading and voted unanimously to recommend approval or to approve it on first reading. We transmitted to the state. We did not receive any objections or comments from the state. No changes. So what's before you for second reading is exactly the same as what was before you for first reading and Following if this is approved today we will transmit again to the state following that 60 day review window then we will be Finally adopted and up to date and motion to approve if no one else has comments Motion by council member petra The second by vice mayor No one else has comments. Motion by Council Member Petrona. Second by Vice Mayor. Adam Clerk please pull the council. Council Member Christman. Yes. Council Member Pejanov. Yes. Council Member Barton. Yes. Council Member Kramer. Yes. Vice Mayor Hutchison. Yes. Council Member Penhaman. Yes. Council Member Barton. Yes. Council Member Kramer. Yes. Vice Mayor Hudgeson. Yes. Council Member Penhamon. Yes. Mayor Hainman. Yes. Thank you. Thank you. Councillor Dinnanversely. Thank you. Moving to public comments. Seeing none. Moving on to communications and correspondence. Ms. Penhamon, just a quick question. How much are we going to depend upon the dashboard to lead us forward relative to adaptation? I think it's number 14 on the list. So we've got some sort of conflicting dynamics going on here. So I think we've got to decide. Is the dashboard going to be our blueprint or are we going to move some things around on the dashboard? Maybe re-jigger some stuff. Obviously I'd like to see resiliency move up over and I frankly don't know what the number one is. But if that's going to be our blueprint we need to take another look. Thank you. Real quick, Mary, just I want to clarify your dashboard listed numbers one through 16. That's not your priority order. It's just a random order of the 16. We've said that. Yeah, yeah, yeah. Of course, we'll take direction from you. That's why we provide the dashboard update. If there's something that you see scheduled months from now, and you'd rather see it accelerated. Of course there's trade-offs. Something's going to have to wait for something to come forward. But we're happy to take that input from you at any time. But right now our pledges, you heard it. Resiliency items are moving forward. You know, when you look at these reports and you see that this whole process started in 2019 and we're just now talking about it. You know, should there really be five-year hiatuses? And if there is quite frankly folks, we're going to come here on our swimming suits and snorkels. So I better jump on this for the agency. But I understand, and I just need your to confirm this is these things are running simultaneously and quite frankly you know they're on the priority list but they're already in the process the peer I mean I don't have it in front of me but they're already in the process. So there's not numbered. So I'm hoping that there, but to me, the comprehensive plan is a priority list, but number one, because that runs everything. So thank you for that. Did you get your answer? I did. Thank you. Happy birthday. Thank you. It's been a wonderful time. Yes. I want to be the Alarm Member for Ever. I spent a second time sitting in the white knollings. You can't do much better than that. Council Member Barton. Only that in reference to my dissertation a week or so ago and the interlocal agreements between sitting and okay guys, he thumbs up up there. I just want to make sure that was put somewhere where it's in front of you on a regular basis. All right, awesome, thank you. Two things, it's gonna be one now, it's two. We had, the first is that we had several speakers this morning in public comment who were obviously collaborating to make comments on two items. One was the health freedom ordinance and resolution and the other was the fluoride issue. And I may have misheard, you may, or, but I thought, what I heard you say was that one or both of those issues were going to be brought forward at a future workshop discussion on what a quality or what or something. Because to me, this goes right back to our priorities discussion. We identified 55 priorities as a group in May and neither of these two issues were among those priorities. Thank you. It does need clarification. No, we were just discussing if when we presented the Water Integrated Water Resources Plan, if we could briefly just let the community know what type of fluoride, how much fluoride, and then that would give them a better understanding. Then if we need to bring it up for any kind of a vote, but it's just basically we're going to do you want to do. Yeah I can help Mayor. As you all know we're required to prepare an annual water quality report. It's a quick two-pager. You've received it. It's published online. It gives ranges of samples, findings for a variety of different things including fluoride in our water which is partly naturally occurring. In fact there are cities, the naturally occurring level of fluoride is 3, 4, 5, 6, sometimes 10 times higher than the additive that a lot of cities have. So we're required to report that. So I was having a conversation with the mayor on our look ahead schedule. And I can't remember if it's October or November, but we do have on our look ahead an item to discuss our putable water service, specifically our service area, development impact, things like that. We want to have a conversation with you. We can use that opportunity to talk about treatment, how detailed you wanna get. I wasn't planning on getting very detailed other than pointing out the fact that we, this is a highly, highly regulated utility, and we can point out for you quickly what we do, what we're required to report, and possibly, you know, kind of where we stand. We have award-winning water. I think we've talked about that before as far as its quality is concerned. So we're happy to do that as a small part of this bigger presentation plan for later this fall. Well, I'll just say you don't have to convince me with everything you just said. I know that's true, but I don't support having a debate about Florida if a majority of this council does, you know, we can have it, but at that point what I would insist upon to the degree I can is to have true experts with scientific and medical knowledge about this here, not people who surf the internet. And so I've said my piece, you can't have a short conversation about this debate. It's, you just can't, given the agenda of some of the folks we're dealing with, so we just have to keep that in mind. And it's not a priority and I'm just trying to avoid having half of a day, losing half of a day of discussion on something like this. My second item, you know, today we welcome back Mr. Myers into the fold after several month seeming absence and he was in fine form. I don't really care what he says to me and the rest of you, you know, we're up here and we have, you know, people can come in within limits say whatever they want. But once again, you're talking about somebody who demeans and threatens staff and seems to have a real preference for doing it with our female staff. I mean, there's a pattern there. And I'll just say for myself, I've had it. It's wrong. And it's wrong for us to find it acceptable. And it went on multiple times here today. He essentially accused our staff, us too, of doing, carrying out illegal activities, of being corrupt, being incompetent. I'm talking about the staff now. And then you add to it the other, you know, so that's one part of his messaging. The other part is the malarkey. I mean, all this Malarkey about the coastal construction line, we, Mr. Buddhist force sent us in-depth information that his staff prepared about how there is absolutely nothing that has been done in permitting of the Naples Beach Club, Ernie Play C place else is in violation of the coastal construction line regulations. And we have the permits that have been granted by state agencies to prove it. We've been through this. And it just keeps coming back up. So I know how hard it is to deal with somebody like this, but what really gets me is when you have somebody who is really demeaning, insulting, and frankly threatening staff who are sitting there in his shadow having to deal with this kind of nonsense and at minimum, it needs to be set out loud. Thank you. We did have a way of addressing the demeanor, the decorm within the chambers. Thank you. I didn't hear the buzzer go off because the loud noise was in my head. So thank you for saying the buzzer went off. I think the best thing though is to let him have his time, stop him at his time, and don't engage in any type of dispute with him. But I definitely will set the tone for the decorum and that's where it'll be. There won't be demeaning, insulting, yelling. I mean, there's no rules that you can't insult or his interpretation of whether it's insulting. But having- For barking at him. I do, I put that on my apologize. Oh, I just, we don't need to escalate to that level. But decorum is very important and having that decorum will be maintained here. So thank you for that. Yes, everyone. I'm complete. Thank you. Councilmember Kramer. Thank you for mentioning that. That's a good one. I'm sorry. Thanks for mentioning that. I'm saying what you're want about me, but don't mess with staff. Period or any of the ladies in here. That's what I'm doing that. Okay. Here's some news from TDC. The trend continues. You're, but they're staying longer and spending more. So, now, the vendors in the county do not like that. But the people live in the city, I don't know how to think that's fantastic. So, it's providing terrific revenue for the TDC because they're spending what they're spending Interestingly Florida Keyser number one and we look at comparable markets and it's More expensive than here in terms of You know hotels and food and whatnot or at least it's expensive hotels are trending more expensive All right, here's what else. This is really goodness. The TDC, they approved a recommendation, approved resolution, the counties through the TDC funding will spend one point, two, one million, $270,000 on a reimbursement project for the beach in 2526, then the total of that project is $2.25 million to slightly over that. Another $50,000 for dredging in doctors. Another 1.75 million for some engineering and beach reimbursement in the city of Naples. So the TDC dollars are coming back to, not back to, because they are not tax dollars. They are heads in beds dollars that are coming to the city and helping us with what we got going so that's goodness And that's all I got Thank you And council member Petra no just a couple quick things We went to a The 25-year celebration of Collier County's drug court. Yes, we, the two of us not together, but we arrived. And so I think the city, the city was well represented and Judge Martin was fantastic. And I just wanted to share a couple things with you that I got from La Trenna Small Harris who is the compliance manager and data specialist. They've had 500 people through that program, 50 are currently in the program. They have cut the recidivism rate by half, which is amazing. And they had three people come up and share their stories, which were really tear jerkers. But the common theme was, all three of them said they would not have been alive. Had it not worked not for this high touch, highly involved, completely voluntary program. So it either becomes in most cases. It's either jail or they go through this program. And they are tied into more to St. Matthews, David Lawrence Center, et cetera. So it seems to be a really good network for those that want to avail themselves of this program, but it was fascinating, really enjoyed it. Second thing that I wanted to talk about is the back to the fluoride sort of argument. I talked with Bob Middleton about this a little bit. And in April of 2012, this exact topic came up before. So it has been, you know, it's been hashed and it's been hashed again. I guess it comes up every decade or so at a meeting. And we have brought in the director of color or county health department to sort of say why we are adding fluoride to the water, et cetera. I also reached out to the American Dental Association and Medical Association because I wanted to educate myself and And they're, for they have spending amounts where it's for every dollar that is spent on fluoride, there is like $37 saved in public health. And so they've got, they have a lot of data from, I think, very credible sources that have done studies for as long as you know 80 years So we've got you know I would I would agree with Councilmember Chris men that it is not on our priority To talk about this This is a it's not on our 16 priorities No resident except for one has really brought it up. And I think we have a lot of other things that we need to do. And the most, in my opinion, the most credible sources that I could find are in favor of doing this, especially for children and especially for older adults. As we lose calcium and through as we age and our mouths dry out and the floor it helps. That was just a conclusion. I hope we do not add on to agenda. Let's see. The other item, I can defer all the other items given that it's almost 8 o'clock. Thank you. Vice Mayor. Thank you. Just two issues really. First, this discussion about fluoride and I don't know the other topic. I don't know the exact words that were used, but something about medical freedom, I believe. What strikes me is interesting is that Collier County and Marco Island have adopted these, both of them. So, and it's been 12 years since these items have been addressed. Based on what I witnessed today, it looks like there's some traction here and it's not going to go away. We're going to continue hearing from it. I think the city manager has told us that this fluoride issue will be weaved into perhaps a larger water quality discussion, so I'm interested in just listening to probably a high level discussion about what that means. And then this other thing, the medical freedom thing. I've got to look at that a little bit closer but again the entities around us are approving this and that indicates to me that it was thoroughly vetted. I want to know just a little bit more before I say discounted entirely. And I've had some preliminary conversations, but I haven't dealt deep into this, but I think these folks are serious. Next, today we had discussion about level of service. We didn't have time today, nor do we have time this evening to get into the weeds of what this annual update on the level of service, what it means to the things that we do on millage increases and the comprehensive plan. My ask, and I don't want to get weeds on this, but my ask is this. We're clearly missing something that is in our documents and it tells us to do it. So my ask is for a consensus to do this. Yes. Yes. To direct the city manager to work with appropriate members of his staff along with the city attorney to review the impact related to the lapse in performing the annual level of service analysis since 2015, 2016, and informed city council of any risks, options, and opportunities related to the same. In other words, let them go look at this and tell us. Do we have a problem? Vice Mayor, do you modify that? Okay. Because we're already kind of working. Can that be modified to restart this level of service annual report? Yeah, restart it, but. Instead of going back in time and figuring out what we missed, I think it's at least right now since we haven't done it. Absolutely, and I'd modify that if that's our ask. But if there's something that we need to know, as you do that, if there's something that we need to know, that we need to know, then come back and let us know. And if I may add to that, you all are aware because we communicated to you this summer that we discovered, both Matthew and I, that there's been this lapse of this annual reporting. And one of the problems in looking back is a turnover. We've had on our team and no one can remember, but there was a moment in time when it just stopped. There were some things that happened at the state level in terms of requirements. I think there are some self-imposed regulations that are in the code. I can tell you that the code is outdated. It needs to be updated. 1993 was the last time that section of the code was updated. It references a state agency that no longer exists. So at minimum, we need to be looking at that section of the code to at least update it. But you know, would be interesting to find out what happened. But we're actively working on that, and we promised you that we will circle back to you. And I think the reassurance that we wanted to provide to you is during this period of time projects are still being reviewed against our adopted levels of service. It's this annual reporting thing and the updating of what that level of service looks like that we need to get our hands around and we will do that. Good. Madam Mayor, there's only one other thing and that was, and I mentioned this to the city attorney but you know he doesn't just work for me, he works for all of us. On the resolutions that are in our packets, you heard me talk about it today that when we approve them, we list all that stuff out. When we deny them, it says go look at section such and such, but instead of telling us the denial elements, right? Because directiveness to go look at a section is a whole nother step. And when you go look at that section, we learned that they're not, they're on the books, but we're not enforcing them, right? So the community, the petitioners, it's confusing to everybody, but we had that discussion about removing them out of our code, and that's a reason why we need to really think about that and do it in a timely manner, I guess, is my ask. So that's it. I have one other thing, Mary, if I could. I apologize, Jay. I was hangry, what, Kramer, me? I looked at my calendar. When I saw that on the agenda, I thought that was going to be a general, hey, here's what's coming down the pike, and then we'll go check it out. So I should have done that in advance. Check those out. So I should have done that in advance. Check those eight. I apologize for that. I apologize for my hangry response. It's almost a dead. It's quarter to eight and low blood sugar. Effects different people differently. So my bet. But by the way, I just shuffled the deck. I had like three things I had to shuffle, and I'm good to go. So all those work for me. I knew exactly what had happened. I thank you. They're working on it. I'm not going to say anymore, but it needs to be in order and it needs to be in order quickly. And I'll just reiterate, we operate out of the law and that's the comprehensive plan and the code. And if you don't know that code, if you can see it on your computer's great, but I encourage you to look at the laws that are on our books. Because that book right in front of Council Member Petronov is exactly what Vice Mayor was referring to with concurrency. And shame on us if we don't know what we're supposed to be doing. And we started a recotification, not me, we as a city, in 16 and it was never completed. Showing where the conflicts were in the code. This is one thing we talked about this summer in the charter meeting and we can do this simultaneously and Mrs. Rambosk was going to look into recodifying or at least how we can find out where they are discrepancies or overlaps that are causing some of the problems that we're experiencing. So comp plan and the codification of our codes, we might want to take some of the codes out, we might want to put some codes back in. But that's the kind of work we need to be focusing in on because if not, we're going to be arguing amongst each other about things. And we need to be on the same page, but it relates to that comp plan and the codes. And that's a fun book. If you get into it, it's fascinating. So with that, it was a long day. I thank you all. That was very stressful. As it relates to the medical, if they're going to continue to come back to, we have an answer. Could we please check and see about that medical resolution? And if it doesn't blanket, cover us. So if we ever needed it or something we could know it doesn't cover us it's specific to state statutes so it's yeah and I think one of the speakers said it basically is repetitive right of what state statute the state covers I don't know if it's symbolic or what the purpose is, but I know I follow this and you know some of the earlier iterations of these ordinances had a lot of detail that were stripped away at the advice of legal counsel and what was remaining you know from what I've been able to ascertain is repetitive information for the most part. I don't think any of us have time to sort of mall through repetitive symbolic ordinances. We've got real work to do. I agree. I was just asking that question about it to see if there was some county if there are sometimes that crosses. Yeah, and I've said, I mean, I'm not the attorney, so I won't review these items. If you want the city attorney to do it, that's up to you all. But I did provide you all. There's a request from Mr. Barton during this meeting. I've provided you all copies of the ordinances and resolutions that have been adopted by Mark O'Eyland and Chyre County. So you have that at your fingertips. Well, we have a lot to do and they're very important things and they're just about the basics. So we need to stick with that right now. Mr. Rutherford, do you have correspondence? The only thing I'd like to say just to end on a supportive note for our staff today was a long day and I'm very appreciative of our team. I know and I know that you all know to a certain degree but I know more about the amount of time that our staff puts in into the evenings on the weekends to serve our residents to their best of their abilities. We're imperfect human beings. We all are. But I can guarantee you our team are doing the best that they can. And I want to thank them for that. And I want to thank you for supporting them and sticking up for them when they need to be stuck up for so appreciate that. Yes, and that's why we're going to try and get our processes and procedures refined so that we can take some of the burden or redundancy off of them because we all want to work together and support them. So thank you for saying that. Anything else? It takes teamwork to make it very work. Mr. McHenry. That's brilliant. Nothing tonight. Thank you. Okay. Our next meeting is pardon? October 2nd. October 2nd. And until then thank you all. Emory are adjourned. a journey. you you you you you you you you