##VIDEO ID:h-WGh-s-goA## check two check one two y e e e no I'm kidding I do that I do this when I'm e e [Applause] good evening we're ready to call this meeting to order Miss Stephanie will you please call the role mayor Sharon Mahoney here vice mayor Don Horton here councilman Steve Freedman here councilwoman de gilis here councilman buddy Pender here okay um Captain Ed would you lead us in the Pledge of Allegiance please I pledge ALG to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible liy and justice for all thank you Captain Ed okay Council requests for deletions additions emergencies what you got anybody got anything start start with you Steve Mr Pender nope Miss Gillis NOP Mr Horton no ma'am uh Jennifer I just tab a um I just wanted to announce is being uh deferred until February um the posting and notice was not done correctly so we're not going to be able to hear that this evening so that will be deferred until the February meeting okay so we are deferring tab a I'm sorry Jennifer till when the February meeting um believe we're going to put it on the Tuesday meeting due to the applicants scheduling so it'll be February 11th but February we'll have to repost and everything so it'll rep posted okay excuse me no no no nothing at all okay um then we have no additions or deletions let's move on to the mayor council communication nothing there Village attorney nope nothing from me okay so then I guess we I have one thing well I have two things actually uh we we have three things actually uh tomorrow we have the uh uh the veterans ride down the old road and that's always a wonderful thing the Wounded Warriors um we also yesterday I got to attend the monor county sheriff's annual inspection and it was a wonderful event and I just want to send out my thanks to uh you know our sheriff's department and certainly those that serve us the inspection was beautiful and uh and all things were found in order uh it was an amazing event and uh if you ever get to attend one they check uh details on all of the sheriff's officers and all of their cars and all of their equipment and uh it's a it's a good event and also I'd like to just announce that alamada has a new Resident uh Caron's son and daughter uh in-law uh uh had their u a baby girl last night Harley leeon born at 12:57 uh this morning so congratulations we got a new person in town okay so um Stephanie let's open up uh public comment and this is items that are not on the agenda so who do we have I have Ben Beth Kaminsky and Van Cadenhead that was Beth cin if I'm correct right yeah okay no words my handwriting is terrible hi uh my name is Beth cin I am an Isa Mara resident and I uh I feel very badly about how the whole Rob Cole separation uh went in this Village and um I really felt and I'm obviously not in your shoes but I I do feel like I I know he was a great manager I know he was great for our village I know he really cared he put out a weekly more information than any other manager we've ever had and if you did have issues with him it would have been really great for you to bring them to the public Sphere for all of us to know ahead of time instead of some undercurrent baloney that I feel has gone on we've given you the keys to to the our kingdom and with that we give you our trust and faith in a reasonably honest hardworking government that works for all of us and it doesn't feel that way right now I got to say I feel like it's been abused and that we as your constituents loyal and hardworking as well do not know a single thing that has gone on to make this all happen so decisions have been made obviously outside of the public sphere and that feels horrible it really to me it erodes the trust in government and this is a small government as you know we ought to know what's going on you ought to be able to converse tell us you can write it there's so many ways to do it and I really do feel like if you had issues with him it would have been very upfront for you and I'm trying to be kind to notify us of these issues and then discuss what kind of plan you want to have going forward so that we don't have to freaking have an empty seat at a village meeting like all this went on underground and now we're left with this whole search again and and if Ted Yates comes up I just want you to know we're all watching you I want you to know that we are active we are involved and I Care thank you thank you Beth Stephanie I'm van Caden H and I address my uh remarks tonight to uh Mr Quick uh we've known about the Ted yat situation since he was separated in uh 23 and we understood at that time that if his contract was not renewed that he had no recourse that was the end of the story now someh how uh we have accepted uh uh his his demand letters we have accepted his case against us and we have spent a lot of money with Mr Quick's firm and uh our insurance company to defend against this my question is why was it let to to get to this point uh when it was uh should have been cut off at the knees as soon the the the paper should have been sent back to his lawyer immediately because there was no no grounds for it there's no uh recourse that he had because he was his contract was simply not renewed period and the story so he had no legs in this case but we are paying through the nose because our legal firm did not defend us in a in a strident fashion and send back this uh frivolous lawsuit which you are have just spent an hour discussing out of the public eye again and out of the public eye seems to be the way things are working around here and I follow behind uh Mrs cinin entirely as far as uh my lack of uh trust in in how uh Rob Cole was let go and uh I I note that uh Mr Freeman fredman asked uh at the last meeting all of you to uh elucidate who started the the program to have him uh uh presented with a separation agreement and how was that separation agreement and the amount arrived at and not one of you spoke up and said I did it we did it there was none of you you sat there like four monkeys and didn't say a word and don't say that I'm not being respectful because I'm being as respectful as you deserve because none of you said anything so so that to me is just the the equivalent of spitting in the face of the people who pay your paycheck and you're not representing us all those be taxpayers who pay our pay te okay and again I asked you to not insult this Council and I'm tired of well you're you're insulting Us by your behavior Madam you you are the one who's offensive not us thank you very much Stephanie I have Greg fedman ask good evening uh my name is Greg fredman full disclosure I'm the father of councilman Steve fredman uh I didn't plan on talking tonight but I just heard Mr van Cadenhead who I have the greatest respect for uh speak about the action by Mr Yates uh and in defense of Mr Quick and his firm people should know that when you file a lawsuit as good as your F defense may be and as wrong as the claim may be you can't just throw it out thank you thank the way the process works unfortunately is that people file a lawsuit a response is filed you may move to dismiss it you may succeed you may not but unfortunately and I know Mr Quick knows this and his colleagues know it lawsuits just go on and on and on because the justice system grinds slowly so van and with all due respect I understand it's frustrating but there's nothing wrong with what's happened here in terms of the defense that's been put up so far on behalf of the village as far as I I understand thank you and so I just want people to know the way that the law Works in litigation is very frustrating but I'm sure that the white serota firm will put up the strongest defense possible I hope they get to a position of a motion for summary judgment and dispose of it because I've read their answer and it looks to me from reading the answer they do have a very strong defense on behalf of the village um and so I just wanted to straighten that out so people don't have an incorrect impression of the representation that's been provided thank you very very much I appreciate um Mr Pender did you want to say something this B comment close is it okay then we still have another one Joe wishm you have your three minutes thank you Joe wishm Plantation key as a res of Isam marada I resent Mr Pender's accusations that a few citizens are creating dissension and divide in our environmentally sensitive Community if by divide you mean those concerned about our quality of life infrastructure and environment and developers who want to build on every bit of green space I guess you are correct if you look at recent surveys of keys residents you will see that 80% of residents think that all of the keys are overdeveloped maybe it is decisions and actions taken by Council that are creating the divide and dissension for example how is adding 56 more units to a resort in downtown Isam marada where traffic backups are constant and common and the latest traffic study failed on US1 an Los how does that benefit our community the actions and attitudes demonstrated by this council at the last meeting were reprehensible and completely out of order it reminds me of some previous councils which acted in the same way and created distrust and divisions among the citizens of our community congratulations you have done this after just four meetings I hope that you notice that the citizens that showed up and spoke at public comment Tuesday were disgusted at the way this councel and attorney treated Mr Cole all were supportive of Mr Cole and think that he was one of the better managers this Village has had his tireless efforts to move forward on lingering projects and keep the public informed with his weekly reports was very very much appreciated and never done in the past listening to Mr Cole read his statement and hearing his voice crack while pausing is not consistent with someone who is willing to resign voluntarily this Council should be ashamed in the way that it handled Mr Cole isn't it coincidental that the same accusations brought against councilman Henry Rosenthal by Deb Gillis about Poland council members may have also been asked by someone to have John quick do the same thing I remind you again that all this has happened in just four meetings by this Council trust is something that is earned not giving and so far this council's actions have not demonstrated actions to earn that trust you all talked about transparen unity and Community Alliance make sure you also add trustworthy we implore you to keep all citizens concerns not just developers in mind when rendering decisions affecting all of our lives for the rest of our lives please work hard to earn back the trust of our entire Community good luck Mr Cole thank you Stephanie anyone else no that's all signed up um Mr Pender did you want to say something I would like to ask Mr Quick to address something because the general public that is keeps getting up here and saying this our attorneys uh John will you explain that we Mr Cole had already signed that agreement by when we came in here the other night there is a non-disparagement agreement so that means that we cannot speak anything about it we as I said the other night I addressed John and Allison okay Allison and John first it was John and then Allison communicated with me on every little thing she sent emails to our to the council people so I I don't know but I would like you to to address that please about you know so the general public can understand and and and first of all uh you know and Mr C will you address Mr Caden hand uh Mr Caden hand's cadenhead's thing with councilman fredman asking us questions there there's five of us up here we answer to our attorney okay not some other some councilman coming up here or anybody can we we have a right we we are under legal counsel all right can you explain that Mr Quick yeah uh thank you council member Pender I was actually planning to get into the non-disparagement when we got to the um the acting Village manager discussion which is next so this is per perfect timing um I wanted to remind all of you that in the agreement that that um uh was before you all on Tuesday uh that was signed by um uh former manager Cole and was approved by the council there is a provision in there with that is a non-disparagement provision um so U my recommendation to all of you if anybody asks you about um uh about Council me former manager Cole about your reasoning uh about anything like that is just blame me say on advice of council um our our I've been advised that our agreement has a provision in it and Council has advised us not to speak on this subject blame me I am perfectly happy to to take that um and uh and then that way we ensure that that we are in compliance with the agreement um and uh and and all parties to the agreement can move forward uh in the fashion that that was negotiated um so yes I was uh so I would definitely recommend that and and and absolutely okay and also his attorney was sitting right here so if one of us would have said something that you know first of all I don't think any of us wanted to embarrass Mr Cole on some of the things but the the thing is his attorney's right here and we could not if we said something we could we could be liable yeah I would just I I would just like I said just say on advice of counsel uh um uh you know I I I cannot speak on the subject and I wouldn't even get into any uh uh insinuations any specifics anything just on advice of council you know we've been asked not to you know instructed not to speak on the subject thank you John um hey can you ask the audience to please they're sitting there keep talking while we're trying to talk and I I don't know who's talking in the audience but uh I guess it's I guess it's we can hear it up here so if you'd please I guess done okay Stephanie anything else a republic comment is now closed okay go ahead all right so then we're going to move on to the discussion an appointment of an inter manager I would like uh Mr uh I I can't even think of your name now Mr Quick I know to please uh we had a discussion earlier so I would like for you to explain everything about why you can't be our intrum and whatever if you would start please yeah yeah I mean first you know first and foremost you know the what we're here today and I'll get in I'll get into that is you know we need to appoint an an acting or inter or a manager what whatever title you want to you know give him or her um there are um uh significant reasons why we need somebody to to run the village I mean I have as as the lawyer I've you know crossed my fingers held my nose and hoping that no nothing uh of an emergency nature uh took place um uh between uh yesterday and today thankfully nothing did um but you know in the event that something like that happens we need to have a manager um mayor Mahoney had called me earlier and and asked me uh or had told me that that uh she had been advised that some people felt that the that the uh Village attorney could also serve as the village manager um those are two separate provisions on two separate positions under the charter they are there should not be and there cannot be any overlap between those two first of all I I well I I'm appreciative that people think that I might do a good job I have no experience as a manager so please I have absolutely none um but the the the village attorney cannot serve as as a village manager because your attorney you know you've got two separate paths you know the manager is setting forth the vision of the council and you know he or she is going to put forth uh the based upon the policy and directive that that you all are providing the attorney is is telling the manager yes you can do this it's legal or no you can't or you can you can't do it this way but you can do it this way so it it really isn't appropriate under the charter or even under Florida law to have the same person saying this is how I'm going to execute the division and then also I'm going to sign off on the legalities of it um they they are two separate Provisions you cannot have your attorney also act as your manager um even if even if the attorney was qualified to do it you you can't do that so there needs to be somebody uh appointed um uh wherever you all come come from on that um that's that is the prerogative of of the council the the manager and the attorney work at your pleasure uh so whoever you all uh would like to appoint um in to fill that role uh we will we are here to do that tonight and we can do that the next step after that which I I would like to talk uh you know once we appoint in acting or an interim is what to do about the permanent do you all want to and I'll just I'll just put it out there now for you to chew on while we while we get there do you all want to um do a search do you want to do a search internally do you want to do an external search we'll get to that but I want to make sure that that in the back of your mind you know that that is the next step in the process so um go ahead I I'm confused what what was it that we deferred at the beginning of the meeting what the yes on Tuesday the you you all put at the beginning was the decision to appoint an acting or interim uh Village manager and that's where we're at now the deferral was tab a which is the appeal the denial of a vacation ryal I'm sorry I didn't I didn't hear you say it defer I apologize sorry so um was under the impression it was that one so I was a little bit confused sorry completely ignore what I said sorry it was due to advertising tab a was deferred yeah can I okay so I I'd like to uh start that um um I had a discussion with John today and so he was aware of the direction I was going um I'm a firm believer that um people are Inn their jobs because they're good at it and we have uh very good staff whether you like them or not I feel they're very capable very good but they're staff and um I hate the intermixing of Staff with an inter manager so I reached out to the league of cities and I I have John has it a list of people who are intam managers who we could do a special call meeting and bring some of them down and in the meantime I would like to suggest that Sheila would step in and be the inum until we can arrange to get someone who has experience at being an inum because and then I would like to request that we put out a search tomorrow for uh locally as well as however far we need to go for a um permanent manager and start that as soon as possible and uh because the the closer we follow the guidelines of people in their jobs I I feel it's better and there are 16 candidates who are fill in inms they go travel the State of Florida and fill in and why we're organizing them to come down to talk to and to see if we want to hire any of them I feel Sheila is more than capable for a while holding down the fort and then um start to search ASAP but it's going to take March till we probably get someone correct John uh at least yeah I mean it depends on how you do the search because I we could do it internally you can do it both ways actually I want to do both but if you're going to do it through a search firm you'd have to put out an RFP that takes 30 days so if you do it through the search firm it would take longer start start with the first one and then follow with the second one so we start and we can do both cuz we can always cancel exactly if we find someone cuz I want people to know that this was not an underhanded Ploy it was not meant to be as horrible as it's been and I want the community to know that my intentions are to do what's best for this town and that's all they've ever been and uh getting beaten up all the time is not fun and uh but I do think it's fair to to consider people who do this job for a living and uh to move move forward that way so having said that go ahead how do you guys feel I I completely agree uh I think uh you know we had two letters come to us uh expressing interest and both were from the staff and I I totally think that either one of those people that have put the Letters Out uh to us are extremely capable to fill in as an interim uh the only reason that you didn't see the two letters no I'm sorry that's okay um anyway I think that out of those two staff members uh one certainly has their hands full with a whole lot of stuff that's going on with our comp plan and I don't want to interrupt that and um so the other one was was Sheila so I think that Sheila does have a deputy building official on board right now uh she trains well and I I think that she would be the right one to have as an interim Village manager I believe that we should um as as fast as we can possibly uh whether it's advertising just locally or advertising as uh you know in the Forum of the uh National U Managers Association or whatever we should send the word out let me ask you are you open to um using the league of cities list and getting an an interim within the next let's say a couple weeks or whenever we can I don't I guess it would be Jame uh Jamie who would set that up John uh to get the list and to get the people down and have a meeting where we could hire one of the interims and so Sheila could go back if that's a person to her job and if I I didn't know there was such a thing it's not it's not a terrible idea but that's you I'm sure buddy knows all about it with all the things he's done John I gave you the list if you'd like to pass that out or pass it yeah um mayor Mahoney had had sent this to me this afternoon and I printed some copies so I can I'll pass it out now and and Stephanie I'll give you a copy so but I think you know we really do I think we have locally I think we have some talent that that may step up and well but it's only fair to put it out sure it is absolutely because you know and everybody who wants to apply can apply why you would I don't know but uh I can I can I can agree to she being the interrup CH thank you um but I'm talking just for a couple weeks I I think it you you have to do the RFP but I I also think that local people can apply that they need to they need to know they can and I I think uh mayor Mahoney I think this is a a great thing that you reached out to the league because they do that that's what the league's All About is helping each other I mean right now as we speak they're having a regional dinner in St Augustine is Flagger everybody gets together people don't realize this is like family when you go to these things and everybody knows it's a small world in the State of Florida and even the Florida League of Mayor board of directors is even a smaller world but it's about helping it's a about educating um you know so I I think I didn't even know that she did this but I think it was a great idea well thank you uh I commend you that you did and I would you know and and as far as Sheila is I think we should have somebody uh in term I didn't I didn't see the two people the two letters either so was Sheila's okay but I think Sheila's been with us couple of days ago and then Jennifer first was today for how long she have been with us well it was titled manager okay well again and I encourage if that's what you want to apply to be the manager to do it but it's only fair to be transparent which I'm sure everybody doesn't think a word we understand but we do to be open and honest that you know let's follow at least some pattern of consistency and uh hire hire somebody from this for now and they could stay for a couple months and why we put the search out and but in the meantime I think somebody Sheila has been a very good employee she's dedicated she's very experienced I actually was I think somewhere I don't know I might have been in St Augustine or or volano Beach at something and it it came up actually the person was they live in Aster and they actually lived across the river uh it's a state representative that I met and he talked about Sheila and her husband about I mean doesn't he work in the city of Key West or something but Sheila is I mean far as I'm concerned her or Jennifer I mean we have dedicated employees and Sheila's been here for a long time uh way before I ever got on Counsel so I think let's de or Steve de or Steve go ahead one of you start oh come on one of you come on Step Up right so I I agree um almost entirely with with what you're saying and you're suggesting going into the league of cities um thank you uh I also agree with your assessment about bringing um staff in uh I think they're highly qualified it's nothing against the staff I just think that in in what just happened um we trying to avoid that I agree um so uh I I would suggest that um we table this and come back with some names cuz I have talked to some people that might be interested as well we can't table it we have to we need somebody have some we need a manager now I would I I would absolutely encourage you all to choose somebody today um but we don't have to you need to have a manager um there's nothing in the the if you're asking there's nothing in the charter that requires that that it be filled within a certain uh amount of time I think there's something that says you start a search within a certain amount of time but um but but the the issue is for from the legal side a liability issue God forbid you have a child who drowns in the pool or you have a Wastewater pipe burst or you have some sort of emergency uh situation that not that the people in those departments couldn't handle it but you need a manager who can address those issues from a a a a 30,000 ft perspective as well as on the ground um so I mean from the legal side I would absolutely uh like I said I've been holding my nose for like 48 Hours hoping nothing like that happen 100% too and Steve in all honesty that's what I tried to do today was stallet to give us time to get a special call meeting to bring the people who are interested down but if we have to have somebody in place tonight that's why I suggested Sheila just until we can get an interim while we're looking for another one and you know so that and so how do you want to do this do you want to just throw out names and then we just go through a bunch of names and then just try and decide who's going to be the interim um we only had two people put a name in doesn't matter I've talked to people too that they didn't send a letter and we need a manager if somebody runs into that building tomorrow send a letter Don in order to qualify to be considered if somebody runs in that building tomorrow and says who's in charge they're going to all look at each other we need somebody that can say I am for the interim in charge and I I think that should have happened yesterday and I tried to bring it up on Tuesday night but you understand what I'm saying right there are other people that might we might want to consider that did not submit a letter they don't they don't in my opinion they don't need to send a a submit a letter but we needed to have the names and I asked on Tuesday that you know anybody interested please contact us so that at least I had 24 hours to go let me think I have a b c and d who who do I think is the best choice as an interim we were only talking interim y I'm not even talking interim I'm talking just talking first we're talking interim yeah this well we're talking whoever it would be would be an interim until we pick another interum there you go that's what I was looking for you say so we're talking about the first interum maybe whatever I understand now you understand where I'm going yes I do you understand but if those people if you want to present those names now i' would be morning happy at least thought about it but I somebody tonight names out throw the names out I'd just like to know what the procedures that we want to do are we just going to throw them out then well I thought people would at least reach out to us and so I'd have a couple hours been 48 Hours people weren't even aware of the meeting that happened on Tuesday that is why I want this as soon as possible and just put a but we need to do something if we have to have a I I would say then um then Stephanie Rodriguez assistant to the Village manager she's uh very well aware of the duties and and didn't we didn't we have up to the Village well if you want to go in seniority then we can talk about Mar I'm not saying seniority I'm saying how long has she worked I think it's been a couple of years no she her job was supposed to be uh Rob's assistant and she didn't end up being Rob's assistant she end up doing media is what she was doing so I don't know if you who else who else reach out I spoke with our former congresswoman Debbie MC carel Powell who said that she would uh agree to be our interim um and help out she's more than qualified she was a former Dean in one of the schools at FIU and um served our as as our leader in Washington for two years does she live locally she does not is that a requirement the interim no it's just a question okay just CL clarification D okay well okay you acted like that was a bad question it's not a bad question not for me sorry okay no apology necessary okay I didn't know you talked to her huh um and anyone else that you um Ted Blackburn um I I also spoke to Ted Blackburn and um I don't know how the rest of the council feels about him I I I like Ted Blackburn but I don't know how everybody else feels you need to I would say they need to put applications in to send applications into the clerk and then you go from there and I I'm sorry I didn't ask you but with that they need to send applications but in the meantime if we Sheila there's got to be somebody in charge here just like Maria Basset was she took it somebody in charge in the building so there's got to be somebody that's got to answer I agree with you John I would say one other reason that I didn't think of before but it was at the Forefront but I didn't say it is there are Financial U obligations we have to meet there's a a statute called the Florida prompt payment act that we have to pay um uh vendors within a certain amount of time of receiving invoices and anything over I I don't have the purchasing policy in front of me but I think anything over 2500 has to be signed by the manager um so I mean those are those are considerations as to why I say these are things we need we need to happen uh as you know sooner rather than later okay Deb go ahead so I have a suggestion go ahead to try to make everybody a little happier um maybe um that it it I'm hearing Sheila's name is the majority at this point of time that we as Sheila is she's willing to serve for a month or two depending no it won't take that long go ahead but it won't take that long let her talk please go ahead sorry go ahead a month that's the reason I said a month or two until we can look at what our options are actually for hiring a manager not just even getting to an intern we we just had a letter I'm sorry if a couple of you didn't see it of of one of our staff members that would like to step up into manage into the manager's position personally I think we we should consider her that doesn't mean we wouldn't consider anybody else I would like to get some time for that to happen that's what didn't happen with this is because it's such short of a time but in the meantime we need somebody that's willing to even if it's 2 weeks that's pretty short but even if it's two weeks until we can get somebody I know but we don't know what that length of time is okay so that's a suggestion that I have that we we're not hiring we're not appointing hiring um whoever for until until we hire a permanent manager that it could be that we hire a different interim in a month or two we have to get we have to go through that list we have to get them on board that sounds like a uh month process to me so are you suggesting we get a temporary and then Anor and then ANM after that a temporary inter for a interm you could call the first one active and then after that titles are very important I know I don't know the right title that way you're just not using interim one and Inter two nice way to put it yeah that's what I would suggest anything else I would just say I think we need to have somebody in place and I think obviously I I think Jennifer was the other person that came forward they whoever in our staff that wants to apply can apply when for the permanent one or the interm one okay and whoever like Steve's mentioning we just need to have something they need to have we need to be organized and have them send to our clerk the applications to the clerk and and uh and we go from there but in the meantime whether it's two weeks or a month it's going to take I mean I think minimum of 30 days before you can get somebody in here and even as an in this is good what's that even as an interim right yeah as as well Steve said temporary like like Sheila whatever the title going to be but you know um and and then you get on with the the list okay or whoever and then we can also and the list can be some of these people Steve mentioned too or there can be other people we could run an ad or something that's what I wanted to do starting to get an ad in the paper to start looking so okay so can I just make a motion and and and and we see where it goes yeah I I'd like to make a motion public comment the there will be public comment if there's a motion made you can open it now or you can open after the motion doesn't matter but are you guys done discussing or you want to open public comment first you're the mayor you go for it do it before or you can do it after let's go ahead and open public comment now okay okay Stephan do you have any who's first I have van Caden head followed by Elizabeth Jolan van Caden head Isa marada um we're uh talking about the comprehensive plan being com coming up under scrutiny and we're also talking about the ldrs uh being revamped with our new firm and both the people that you have so readily suggested are in the building part of our uh hierarchy here as far as uh Department management now I'll be curious to know uh buddy the other night said that uh people were saying that they were going to quit and uh uh I think one of the reasons that people were going to quit was because they didn't like to be told what to do they didn't like to be managed they wanted to have their own autonomous department and uh uh it has been my experience uh which has never been uh answered to my satisfaction uh how the flood plane got changed on tea table Island from a a vzone to an azone because the developer requested a change from FEMA and FEMA sent it to the Village The Village it landed on the desk of uh Sheila Deton court and it never preceded for seven days which was the objection period with we allowed uh never uh uh got in front of the public never was uh uh discussed among the council so now as a result of this uh tea table Island which is a multi-million dollar uh project that's underway and and uh many of you are very familiar with the the people involved in it um suddenly we don't have a vzone which is a shoreline which is protected from from filling and and uh it's a it's a a Shore which cannot be built on and suddenly it's an azone which can have a the entire uh tea table Island can now have a a RI wrap uh seaw wall all the way around it and fill it up as high as they need to to build whatever kind of market rate homes or vacation rentals or whatever it is they want and and to to have this stop on Sheila Deton Court's desk and not have her and I I talked to uh the planning director and she said she knew nothing about it I talked to Megan rambau who's supposed to be the flood plane director and manager of the village she knew nothing about it and yet here we have uh the the island which is now able to be built upon upon the the valtion of one department head and I think that was totally wrong I think she was totally uh acting out of her uh uh depth of of uh responsibility I I don't think that it should have been passed uh in the the darkness which it was and and uh I don't see her judgment being sufficient to step into the position thank you so thank you very much thank you can um go ahead Don can I talk about that for just a second as serving as a flood plane manager both at the County and in alamada and just so y'all know uh uh and and being certified as a flood plane manager when Fe sends a request for a change in a flood zone to the building official they are only sending that request to make sure that there was something not in that request that violates our local law that is all uh FEMA is the one along with their flood plane engineers and the engineer that's submitting the the paperwork to justify the flood plane change um uh are the ones that make the determination it is just a box that's checked on the application that goes for a letter of map revision or a letter of map uh amendment that is saying is there anything in this application that violates your local code because FEMA does not know specifically what our local codes are they totally understand what CFR 44 and the requirements in that are so there was nothing done wrong there was nothing done out of the sunshine there was nothing Sheila is our flood plane manager and has that responsibility just to report back to them that something wasn't violated for our local code and that's all yeah and and Don I don't believe maybe that clears it up for everybody because they've heard this this discussion more than once and it I guess it needs to be explained so that people understand there is a very simple process when it comes to what's brought to the flood plane manager of the Town well I don't believe anything's been passed and I don't everything has go to tasse to be approved regardlessly if council is even council's never voted on anything okay so I agree with you about that that they need to be educated but yes all right thank you gentleman Stephanie Elizabeth followed by Ty Elizabeth Elizabeth jolen is resident uh thank you again for your service um I I think a lot of people actually don't know who Sheila is it would I think um I would love for someone to introduce her properly but also um I do know who Sheila is she's lovely she's had a really spectacular career and I wonder it feels like you're throwing her under the bus by placing her into this managerial position because we know what happens to managers in this town they are despised they are resented and eventually they're fired and it Mars their career I think it's something we should consider when you think about appointing Sheila because we want her as our planning head right no she's our building official excuse me our pardon me I misspoke our building official but but in but I will look forward to you explaining that to people who are listening so I misspoke but um that's a death sentence right but I also want to acknowledge the mayor's um suggestion of this this list of an intern managers um you know you've created this chaotic situation and and um and that is a a very um realist I applaud the initiative and I don't know why you're not looking at that list um I mean it's too late tonight but why can't you hold a special call meeting I mean you've got a whole town of people who are looking at you to make a Sol to make decisions that are smart for for us and I mean it just seems ludicrous to hire an interim and then an interim so all the work that has to be done to get your first interim in place is then going to be redone for the second interim I'd also like to know what are their duties what are you paying them what are the details and if you don't know it have a special call meeting tomorrow that's why you guys are here and I and I trust that you we're all in that same position right like um so I look forward to um having you um think about that and again thank you for a very good solution which I hope we entertain so that we can keep Sheila for a long time so I'll add that Sheila submitted her name okay who's next all right I know Stephanie oh Ty who's Ty's coming up okay thank you Ty Harris Plantation key uh staff can't get up here and explain why it's important to have an inward manager but having been on staff I can tell you uh the first thing that's going to happen is the Tuesday meeting that's a directors and management meeting who's calling that meeting and that meeting is very important because the manager's primary duty is to implement the policies and directives that you all want it want for the village and where that happens at the director level is in that manager called Tuesday meeting where everybody has to give a report about what they're working on and how is that you know moving The Village's policies and goals forward so you you've got this issue about who's signing the checks and who's got the you know the ability to do that but you also from an internal standpoint you have to have somebody that's calling those meetings and is moving your policies forward you're here for 24 months even if it's for 2 weeks you still need somebody in that role to to keep the lights on and to keep your goals and objectives moving forward thank you thank you Ty thank you Stephanie anyone else Tom please State your phone name for the record and unmute Tom Rael would you like to speak this is Susan Rafel can you hear me scared me yes yes I was I was zooming in not intending to speak tonight until Mr Pinder made some comments which uh required me to raise my hand in the virtual Zoom land uh Mr Pender suggested that there was uh the reason that no comments were going to be made at Tuesday's meeting was because I as Council for Rob Cole was in attendance and watching everything yes there is a non-disparagement clause in the agreement and Mr Cole as a consumate professional he has been from the outset of his man man agement of a marada abides by that but at the same time the council needs to abide by that and the continued insinuations that were made on the das's Tuesday's meeting and again by Mr Pender tonight to suggest that oh if the public only knew are uncalled for and firmly rebutted by the facts of Mr Cole's employment Mr Cole stands by the fact that he was a professional Mr po stands by the fact that the decision to resign was made in the best interest of himself given the agreement's terms and the wishes that were conveyed to him of the village and that is the decision that was made the continued insinuations otherwise and the disparagement of his character by insinuation are flatly rejected thank you thank you Susan anyone else go ahead just Joe wishme please unmute yes Joe wishm Plantation key I understand the urgency to get an interim manager but I do like the fact that you can get an acting interim manager maybe it'd be for a couple of days maybe it'd be for a week or two that you don't have to go through all the process of hiring an actual interim Village manager so therefore you would have time to have a special call meeting and go over some of the names that were mentioned tonight you even have some names from the last time which wasn't that long ago where we had uh people that were applying for an interim Village manager position as well so I hope that you take all this into consideration and get an acting uh interim manager and while you do a research and find the best person for the job thank you thank you Joe Stephanie okay public comment is now closed and uh I had a very good friend and he's probably watching assist me with this but we only had one day to get this here and get it printed out for everybody and I know it's I know we can't pull somebody in here these people in here tomorrow they uh with would like Jamie Terry to maybe if everybody's agreeable contact him and as soon as we can get the ones who are really interested here great we can do it but my problem is and I know I don't know why everybody isn't listening according to our lawyer we have to have someone and I mean this is this I I wish I could pull these people here tonight I would but I only had yesterday to do this well we're not allowed to tell Jamie what to do according to our Charter well I'm not telling Jamie to do what I'm saying is but the interim manager The Filling guy will be able to do that well that that's part of it too but I'm just saying I would like to try to get these people here ASAP just because so Sheila can go back or whomever can go back to their position and and because they I know they all work hard but this can't be done magically so we have to Mr Quick again I'm going to ask you we have to have someone according to you and I asked you today you can't be a lawyer you told me that and I understand but we have to have someone tomorrow morning you need someone it can be a lawyer it can't be your lawyer though oh darn it can't be the V well where does it say that John that it can't be the village laer well it's I mean it doesn't say that but you you have two separate rules there's ethical there's ethical restrictions as to you there are ethical restrictions for lawyers in terms of um uh uh how do how do I put this um in terms of how to represent a client and I don't think that ethically I could represent the village while also making decisions on behalf of the vill making decisions on behalf of the village while also signing off on the legality of them it doesn't mean that they wouldn't be legal or I mean certainly I'm not you know I'm going I would do everything legal but but to to tell you all that I could do that and not have a check and balance of having the village attorney there I don't think would be proper legal advice that I would be giving you but it doesn't say it's specifically in the charter no understood thank you I do urge us to start a search locally and then everywhere as soon as possible so we have the at least a community could know this is not something underhanded we don't have somebody in mind and if I didn't know Jennifer you applied and if you do I encourage you to to apply and if uh I know Debbie Muro Powell's pretty well up there and if she wants to do this I encourage her to apply but I'm trying to put a Band-Aid on the problem and this is these people do this I guess for a living I guess they traveled around the State of Florida as an intern and um I just thought you know maybe we could get this done within a week two weeks and I know it's goofy to have an assistant manager I mean an interm another interm but we have to deal with what's in front of us so um anybody else have anything they want want to say or how are we going to handle this I would like to look at the list I would but we can't we can't get it done tonight I don't expect you to go outside and memorize it now the the this the order the order of business in my opinion is that we pick a whatever the proper title is acting interim I and then we look at that list and bring it back as soon as we can if we don't think that we can pick I agree a actual manager within a month or two we have to open it up to other people we can't pick I know we have to put it out but but if we find Mr Quick suggested earlier that we could do a search either internally externally Florida Nationwide we can do anything that we want um technically technically if we wanted to hire a manager tonight and we all were in agreement we could hire a manager tonight but I don't think that's going to happen because that's not the way we want it to happen it's not fair it's it's we've traditionally allowed the the people to at least meet who we considering all those good things um but the the the business of hand tonight is to find I guess we'll call it an act acting temporary or I don't know what the title acting Village manager would Village manager well that's what I said Yeah well yeah all right so anything else from you Steve make a motion anything from you Mr Pender nope okay so do want someone want to make a motion or I'll make a motion that in light of the letter that came uh uh to us uh that specifically said in light of the resignation of the village manager I would like to be considered for interim Village manager that I would recommend uh or I would make a motion that we choose as a interim Village manager or whatever a temporary whatever you guys want to call her Sheila denor our building official do do we want to let Jennifer have a chance to say anything cuz she put in a letter as well or she did put in a letter and certainly she can I I mean I yeah I I already said my rationale behind it my letter was not for the inter position your was not for interum that's correct my letter was for the permanent yours for the permanent corre that's the way I read it as well that's the way I read it so you have time to apply as soon as this goes out I hopefully tomorrow yeah so now we get your full resume trying to make sure you get your time okay so then do I hear a sec so so I'll make a second on Don's so just so we're all clear this this is an acting man interim from now and Meanwhile we're going to get a hold of these people no we have to have know what's coming well I think I think I think we'll deal with this motion and then I would like to deal with that as a second motion so that we have clear Direction that's what I want okay so he made a motion I made a second I mean not Marne I'm keep calling her Mar go there that's our St Stephanie would you call the role please Vice bar Don Horton yes councilwoman Deb Gillis yes councilman Steve fredman in the interest of continuity yes councilman buddy Pender yes and mayor Sharon M yes motion passes 5 to zero okay now let's go to the John the second part yeah the part B I guess there's there's Part B and then um there's also part C which is search for the permanent so so let's yeah Part B that that you all were discussing was uh potential know was uh discussing or or potentially meeting with the the list I guess that was that comes from the league of cities that that um mayor Mahoney had sent over uh I I did mayor money at your request I did provide it to to Jamie Terry so she has this um is um direction as to is that something that you all would like to do and then giving direction to to the acting manager um Miss stending Court to effectuate that and and have HR reach out to them and then we can schedule um uh a follow-up meeting a special call meeting uh depending on availability uh for for the rest of you all to meet to to discuss that okay do I have a motion it huh so if I don't have a motion then it doesn't pass so right correct if there's no motion it would um would you like to word that motion John uh it would be uh a motion to um it would be a motion to to direct acting manager to um uh follow up on a a uh meeting with the members that are listed in the transition list uh to gauge interest and potential um and scheduling a potential special call meeting so should we ask her to come sit in this chair and then I'll make that motion to director to do just what you said you know what I should have mentioned that before absolutely yes I'm sorry Sheila I got to move my stuff out of the way I'm like encroaching on you Sheila I want to welcome you to the hot seat Sheila congratulations or condolences whichever way you want to look at it I make the motion that John said exactly the way he said it and I don't need to reward it thank you so much and I'll second it exactly the way he said it uh Stephanie would you please call the role vice mayor Don Horton yes councilwoman Deb Gillis yes councilman Steve fredman yes councilman buddy Pender yes mayor Sharon Mahoney yes motion passes 5 to zero and thank you guys I appreciate my craziness here and John now the third part of this the third part would be the the search for um a permanent um and and so I mentioned multiple ways I I I mentioned an internal search which I should clarify internal search means we conduct it internally we're not hiring an external group to do it doesn't it doesn't mean internal candidates can't apply or external candidates can app um I realized that as we were talking that I might have confused it so there is a there is a mechanism that we did through the last uh time which was we conducted the search internally u meaning HR conducted the search and brought back candidates there's also the opportunity to uh go through a um a head hunting firm which we have done in the past as well that would require us to either issue an RFP uh for that or to piggy back on another contract if there's one out there and if there's a head hunting firm that would agree to it um so uh those are some options we could do both if you all want you could direct US Direct staff to start conducting the search um uh for a permanent manager and and also simultaneously preparation of an RFP because if you're happy with what comes out we could always cancel the RFP um even or stop it before it goes out or cancel it even afterwards so um you know we we can do both if simultaneously if you want I like that I thought that's what I would like all right does everybody understand do I have a motion I'll make a motion that we do an internal search U how make sure I get this worded right an internal search with piggy bagging with uh working towards an RFP so that if we don't find anybody internally that we can um keep this process moving along is that right I understood that do I have a second I don't know whether I did I say that the way we were talking yeah that that staff would conduct the staff would direct the search and then we would move forward with a potential for a external I gu second name okay Stephanie would you please call the role councilwoman Deb Gillis yes vice mayor Don Horton yes councilman Steve fredman yes councilman buddy Pender yes mayor Sharon Mahone yes motion passes 5 to zero I would like to ask another question of council um if we would like staff to this internal search to uh focus more on Florida than Nationwide um yes yes okay 100% uh do I need that as a motion or is that just I mean as a consensus consensus okay I don't you didn't understand as opposed to in the past we've just put it out to the world right and we get people from Kansas and yeah just Canada and from Arizona and from this would be a little bit more narrow search that sticks to Florida I agree okay I I agree I don't see any harm in really just finding the best candidate from wherever they're wherever they live wherever they're coming from um my only opinion on that is that we haven't seemed to be very lucky in picking out of States I don't know that that means it's successful in state I just mean that right it doesn't seem to have worked very well out of state can't we just search for the best candidate qualified for the job it's okay I I'm not going to argue over that one way or the other I I when it comes time to so if it's advertised on on a on a on a site like the national Managers Association or city Managers Association it it'll go out to people in puka Kentucky and Alaska so that's fine it that and that would still be internally done Jamie could still do that on that site so I think that's the way to do that U yeah okay so we're done with this topic then well I kind of have one more I kind of I'll wait for I'll wait for May counc Since we just put lot more responsibility that was going to be what I was going to ask too that was next okay yeah so I'm ahead of are you been discussion but but we just don't know um you know uh to to ask if that would you know more comfortable if the council did that just do what we've done in the past the same thing like yeah yeah because she is that is thank you Mr I'm just um e e e e e e e e e I now we're almost done no you're not you are not check one two Jack [Music] Jack check one two check check check two people today check one two check check [Music] check e e e e e e e e e teach let's call this meeting back to order okay no Pickle Mr Mr Quick are you paying attention sir I am I am okay I guess tab a has been pulled so we're moving on there was there was a discussion at the end that we broke on with regard to I asked for a motion on the uh the increase oh that's right I are we all agreed to Steve do you understand how it would work I think you're the one okay so and I just said one more thing after that okay go ahead uh just in terms of you're you're mentioning about a a parameter of time so maybe we within that we could say 30 days I would hope it'd be faster I think she's going to get that way we don't come back in two weeks or whatever in terms of having to renew it again if we if for some reason you don't so the 30 days would be for uh the the the interim finish finish your thought yeah the finding finding it gives us a chance to find an inter room manager yes I just thought it would be it would be good to put some sort of time frame um I in the beginning I had said a couple weeks but it may take longer so I understand where you're going is everybody okay with that I was I was just going to suggest that we we make a suggestion that it's 30 days but try but leave it open-ended yeah and in in the concept of paperwork that it's understood that when we find somebody and can get them on on the job that the acting manager turns into to our in room okay we all good well it was just a little confusing the wording there you said 30 days open-ended it doesn't well I to work she wants it if it can be done sooner or can't be if if it if it if it be sooner or if it takes six weeks instead of 30 days I don't know how quickly we can get these people on board as expeditiously as possible yes that's what yes that's a good thing because otherwise we're going to have to extend it again I mean I'm just trying to leave it open 30 days instead of two weeks then we don't have to but then at least after 30 days it's also kind of an evaluation see how things you want to time it with our next meeting so if we have to extend it we could do that yeah you want to say by February 11th is that okay let's do that for our February meeting our inum will have everybody all lined up go don't have to call a special call meeting or anything okay great all right so can we have to call a special call meeting to meet these people okay well we'll deal with that in February let's let's can we move on I don't understand your last statement what what don't you understand I think HR needs a motion to approve from you all to approve a a percentage bump increase in her salary to bring to bring Miss dening Court up to the man okay are we all in agreement about that do I have a motion I'll make a motion to miss bring Miss Dort up to the appropriate pay by HR do I have a second I'll second it okay Miss Stephanie would you call the role please I'm sorry who was the second Mr councilwoman Deb Gillis yes vice mayor Don Horton yes councilman Steve Rubin yes councilman buddy Pender yes mayor Sharon Mahoney yes motion passes 5 to zero so I need to ask a question again I I don't know why I'm so foggy tonight I'm sorry so if we do not have a special call how are we going to talk to these who said we weren't going to have a special call well this is what the way I would suggest doing this never mind I'll I'll just keep my mouth shut obviously I'm the one that's confused no you're fine what what I would suggest is letting uh our new I don't even know what to call you and and um our Jamie Terry start contacting these people and start putting dates out that might be agreeable to them and then come back to us and say okay we got seven of them who could be here in 3 weeks that'll give us a 72 hours to notify a special call meeting arrange with all of us for the special call and deal with it then does that make sense does that make sense to you de yes that's not what I heard you say the other time that's all that's okay that's fine so we're all clear on everything yes as foggy as we can be do we need to do anything formal about that the till the next meeting thing or is that just sort of no I think I think I mean unless Miss Den cour needs a formal motion I mean it's up to her but I think the ensus we we understand no I understand what what we need okay so tab a was pulled correct so I believe we're on B and it's uh Mr Quick I believe it's you yep tab B is an ordinance on second reading it's an ordinance of isar Village of violence Florida extending the temporary moratorium established pursuant to ordinance 23-10 relating to the acceptance of new market rate residential building permit allocation system Bass allocations with or without land dedications providing for separability providing for conflicts providing for the transmittal of this ordinance to the State Department of Commerce and providing for an effective date upon the approval of this ordinance by the State Department of Commerce I don't know if you all want me to get into it we obvious this was second reading we had the discussion about it at first reading I'm happy to dive into it if you all would like if not I'm I'm happy to zip it all right does anyone have any questions then please raise your hand so I can see who anybody Deb Steve no so I guess we're good well we have to open up I'm going to but I he said do we want it red we got it okay so Stephanie public comment I have been Caden head but I don't see him in the room so I'm going to move on okay so then I guess public comment is now closed no I have a zoom one second oh okay Joe wishm go ahead yes Joe wishm Plantation key again this council is being asked to make decisions on future Land Development before our new comp plan and ldrs are finished what is the big rush is it because new regulations might be more restrictive maybe limit the number of new permits maybe even restrict the amount of square footage allowed with tdrs all these reasons would suggest that the responsible thing for this Council to do is not only to extend the moratorium on bass but also expand it developers and property owners have owned their lots for year so a few more months should not be a problem as to adhere to the new regulations councils in the past have had no problem with deferring items to have time to collect all pertinent information I suggest that the new comp plan ldrs and codes would be pertinent information for these reasons I recommend not only to extend the moratorium but delay any decisions regarding future development and permits do the resp responsible thing and help to restore faith and respect with your community remember the good old days of less traffic good old mom and pop supermarkets and hotels where things were more affordable thank you thank you Mr wishire um anyone else that's all I have signed up okay public comment is now closed Council does anyone have anything to say make a motion to accept Okay do I have a second a second okay Stephanie second would you call the role please councilman Steve fredman yes councilwoman Deb Gillis yes councilman buddy Pender yes vice mayor Don Horton yes mayor Sharon Mahoney yes motion passes 5 to Zer okay I'm moving to tab C and I believe it's Miss Jennifer but y these are the the next five are quasa judicial so I'll read the quasa judicial statement first um please be advised that the following agenda items are quad judicial in nature if you wish to comment upon these items please inform the village clerk by filling out the available signup form an opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item as a reminder testimony and quaser judicial items must be in person Zoom testimony is not permitted these proceedings will be handled in accordance with the village code requirements all testimony including public testimony and evidence will be made under oath or affirmation additionally each person who gives testimony may be subject to cross-examination if you do not wish to either be cross-examined or or sworn your testimony shall be disregarded the general public will not be permitted to cross-examine Witnesses but the public May request the council to ask questions of Staff or Witnesses on their behalf the full agenda packet on each item is hereby entered into the record along with the village code and comprehensive plan any correspondents that was received by The Village staff is included in the file and part of the record persons representing organizations must present evidence of their authority to speak for the organization further details of the Quasi went more than three minutes uh can you stop talking please further details of the quas Jud quas judicial procedures in section 30- 256 of the village code may be obtained from the village clerk tonight there are five quasi judicial items which are tabs C through G at this time I would like to ask anyone who intends to speak on the Quasi judicial items tonight to please raise your hands to be sworn in by the clerk again if this is if you intend to speaks on speak on Tab c d e f or G in the matter about which you are to give testimony do you swear to affirm to tell the truth the whole truth and nothing but the truth Witnesses have been sworn um mayor the first two Tabs are companion tabs uh one is the future land use map change and the other is a um the corresponding zoning map change uh normally you know for for ease of the um uh quad judicial hearing we normally combine them uh is there any objection to to combining the two um from I hear none from the the applicants no okay so I will uh I will read them both and then we can get into the expar disclosures tab C is an ordinance of isamar Village violence Florida considering the request of ly lbell to amend The Village's future land use map from residential medium to mix use for the subject property located on upper mtic com key with real estate number 04473 0- 0000000000 as legally described herein providing for the transmittal of this ordinance to the State Department of Commerce and providing for an effective date upon approval of this upon the approval of uh the this ordinance by the State Department of Commerce tab C is an ordinance of isamar Village of violence Florida considering the request of ly lbell to amend the official zoning map from settlers residential to Highway commercial for the subject property located on ount ofing key with real estate number 00 44730 00000000 as legally described herein providing for the transmittal of this ordinance to the State Department of Commerce and providing for an effective date upon the approval of this ordinance by the State Department of Commerce Council before we begin I would like you to uh please disclose any expar Communications that you may have had with the applicant or anyone else again this is on tabs C and D please include whether the person represented any group or entity as well as the subject matter as you may recall thank you okay start with Deb um I spoke with Don when I was on LPA and this item was in front of me during LPA okay and and I think I spoke with tai since then so yeah uh I'm going to recuse myself on both of these items okay um I might have spoke to Ty when this first long time ago came up but nothing recently for me Mr Pender um I I spoke to Ty I know he was told me he's coming tonight but other than that I we didn't talk about anything Steve yeah not nothing for me okay okay so um we're ready we're ready so I believe it's first we do with uh all in favor uh first or the applicant it would be the Jennifer would go and then the applicant you really do want to you get there I'm sorry my brain is a spinning go ahead good evening Council Jennifer Deber and planning director tonight I'm here before you for an ordinance amending the future land use map and the zoning map am for parcel uh 004 D I'm sorry 004 04730 - 0000000000 um located at 81 213 Overseas Highway in Upper mumbi uh Lyn lbell has submitted these map Amendment requests to uh switch from a future land use map from residential medium to mixed juice and the zoning map from sett residential to Highway commercial the property comprise is comprised of 18385 square ft the current use of the property is vacant um believe they do store some trucks on the property or some vehicles uh but there's no um building as far as I know on the property at this time um the subject current subject property currently has an existing residential medium future land use designation the property to the north is designated mixed use and the property to the South is designated Public semi-public Services the properties to the East are designated residential medium and the properties to the west across Overseas Highway are designated residential high and mixed use and the character of the surrounding area is mixed use with residential uses and Commercial uses the property has an existing settl residential zoning District designation with the adjacent property of the South designated as public semi-public services to the north the adjacent property is designated as settlers residential the properties to the west across Overseas Highway are designated as multif family and tourist commercial and to the east is sett as residential the property is scarified and is not recognized as any Habitat to to any state or federal listed animal species and is not within the state conservation Recreation lands boundary or critical habitat area pursuant to The Village's GIS data and Records the parcel is identified as scarified um the applicant's agent has submitted a needs analysis detailing the map Amendment request and the zoning Amendment request um the staff's analysis is in your packet um including the uh compatibility with the principles for guiding development for areas of State critical concern and at this time um meeting all those um oh also the LPA reviewed this proposed amendment at their meeting on June 10th 2024 unanimously recommending approval of this or of this amendment of both amendments and the item was previously before this Council on August 8th 2024 and was deferred until this meeting based on all the information in your packet and the previous discussion at LPA staff has reviewed these requests and recommends approval of both I'm here if you have any questions um on these anyone have any questions for Jennifer no okay then I believe Mr Harris thank you madam mayor again Ty Harris with the law firm of Tai Harris PA Plantation key uh I'm here uh representing the the owner um you know we we've had this ongoing discussion for several months about properties that uh were rezoned and The Flume was changed without actual knowledge of the property owners even though it was done legally this was as I've said the original sin of the village but this is I call Patient Zero and the reason I will call it patient zero is it came to my attention in 2018 when I was still with the village I got a call from a very irate Mangrove Mike who had just received a call from a very IR rate um home homeowner and property owner in the village who who was in the process of selling this property she's an elderly lady had been in the family for decades kind of sound familiar and um when the when the buyer was doing their due diligence they discovered that the property showed up on the maps is residential and not commercial and that prompted a call to the planning department and to me about is this zoning correct and so we've the vill has had mapping errors in the past so it's the first thing you want to do is go back and look and see if there's a mapping error um in the time that I was there we found over 40 mapping errors uh that have all been corrected so it's not impossible but as we started doing the the the research on this property we discovered that no indeed this is one of the properties that um had its zoning changed um in the in the good old days when the the first comprehensive plan was adopted and so I explained that uh there was a process to to change that it was a very expensive process and it was a long process and that we didn't have any way of waving any of those fees and um very upset and and te uh property owner we didn't hear from again and that was the last I heard about this property until recently and um Don was the original person handling and helping this person and when he got on the council he asked me to take it over since obviously he can't represent it and so since I have a a a spot in my a soloft spot in my heart for dealing with these because I don't think a lot of people were treated fairly I agreed to do it which is why I'm here for you today uh what was handed out to you earlier thank you Stephanie is the the last zoning map of the county which is dated 19 1996 so that was the zoning in place for this property at the time right before the village Incorporated on December 31st 1997 and then subsequently adopted its comprehensive plan its future land use map and its zoning and this property I if you haven't heard if you haven't heard this story before stop me uh had the same zoning as U mayor Mahoney's which was uh settlers residential one and yes Suburban commercial Suburban well I Suburban residential is what I found but but that's okay because it's a property that fronted US1 still fronts US1 so in the in the old county code if you had US1 Frontage and you were Suburban residential you had commercial uses um I went back and I looked and did you know that you could have a hotel up to to 12 Hotel units on a Suburban residential lot as long as it faced US1 the the use that was obviously probably the most valuable was that it was a it's a mixed use of commercial and Retail um the the limit to the size of the building was 2500 square ft which is what kind of distinguished it from Suburban commercial where you could have a larger structure so um the request before you tonight is to restore I say restore the commercial um viability of this property it it accomplishes a couple of things one it rights a wrong which I think this council is keenly um intent on doing when when I've been in front of you and number two it also eliminates a residential lot that we don't have to worry about you know coming back and asking for a residential allocation on US1 which is not exactly where we want to put a single family house nowadays anyway because as um you heard from your planning director the current zoning is um is a residential uh zoning district and they would be entitled to to some type of relief if there are no uh residential building permits left uh which is a a discussion and a problem for another day but with that um I would conclude my uh my remarks and I'm open to to questions thank you anyone have questions for Mr Harris no okay no one has any questions I we just reserve a couple minutes for rebuttal if somebody wants to get up and oppose it thank you okay thank you hey I will say one thing there a lot of good sour stops came off that property that's all I know there yeah Woody had a lot of sour stops planted on there used to sell them to Roberts's here yep sure did y thank you Mr Pender for that tidbit all right I think the first thing we do is opposed support oh support you probably you probably know him as gavan oh stop all right any all anyone in favor Stephanie no no anyone I guess we do who's against anyone against yes Sue Miller I guess the next time I should sue Miller lower m ofi I oppose upzoning of property and it's as simple as that we have a shortage of um space on US1 for much of anything anymore and um anytime you upzone something you're just asking for more more more of what we don't have room for and so I I have that problem um I think that this is a perfect illustration of why we need to review our comprehensive plan because this property like any other property that we have in this situation it has a church on one side and a single family home on the other side and the our zoning classifications don't don't have well what what was it um Suburban residential type zoning um like we used to have with the county where you had low intensity uses you either have residential or you have high-intensity commercial there's nothing in between I think that that is something that the comprehensive plan uh amendments needs to look at we need we need a a zoning classification that allows for properties that are low intensity I happen to believe that that property should be left single family and it should become affordable housing I think that that there's probably room on it for four um residential homes that are affordable which is something we desperately need and um and I think that would be the perfect solution for that we're we're you have a residential use that's desperately needed and uh and it really is is more appropriate than all of the uses that could go on that property with mixed use zoning thank you very much thank you Stephanie all right Mr Harris would you like to come up and uh yeah okay I'd like to ask Ty one question okay before you start Mr Pender wants to ask you a question hey if it is is this has changed to Highway commercial there's got to be a buffer in the house to the north and what about the church to the South that that is a a very good point so Under Our Land Development code when you have a zoning that's different than the zoning next to you or behind you it triggers you double buffer requirements um it what's that double you said double the buffer requirements zoning boundary buffer zoning boundary buffer is what it's called um the other thing that is that we don't talk about we we did talk about it briefly with mayor Mahoney's property is that the size of the property really dictates the size of anything that can go on because you've got swells you've got parking you've got um you've got the setbacks requirements you have the buffer requirements so what what starts out is a you know it's a fairly modest sized property right now by the time you do all this stuff you're talking about a pretty small building even though it's scarified you're still going to end up with a small building um and that's just a function of of the property the characteristics of the property it doesn't have habitat on it so we don't have any of of those issues but just new development in the village if you were to go pull the site plan application which this property will be required to do um you will see a list you know half a mile long of all the things that they have to do to ensure proper storm water to ensure proper lighting to ensure you know all all the things that we now require a new development to do and when you put all those in this building just goes like this and gets smaller and that's okay because that's what the property can handle that would be appropriate and there is a process for that that is the site plan process um to the point of whether or not we need to come up with these interim types of of zoning districts that more reflect what the county did back in the 90s that's a good discussion and that I'm sure we will be having when we're when we're talking about the comprehensive plan and and the zoning code but the other part of this and I'll wrap it up with this and most of you know this but I'm sure not everybody knows so we have a settlement agreement with the state and the settlement agreement with the state is probably 12 years old now and that agreement with the state limits as you know the number of of housing units we can have the number of Hotel units and the amount of commercial square footage um when folks talk about oh we need to put more moratoriums out there that would not be consistent not only with our comprehensive plan but it would be inconsistent with that settlement agreement with the state uh we kind of learned that the hard way when we tried to put a moratorium on um on the last was it administrative relief and the state rejected it as not being cons Cons with our comp plan so we need to be careful when we we try to extend you know extending the moratorium right now is appropriate makes a lot of sense because we don't have a lot of allocations left but when you're talking about commercial there's still commercial square footage available it's not a ton but it's there and that was you know an agreement it's it's enforcable and so unless there was a a reason because we didn't have any more commercial square footage left that's not the type of of basis for denying application to reone a piece of property to commercial hey Ty how many feet when you're saying a double buffer how many feet just don't put me on the spot with that you know I'm dislexic not good atet or something I mean I know there you're looking it up aren't you I don't have the laptop he's he's going to look it up but yeah you end up with this these zoning boundary buffers and so any place that you're running up against a different Zone zoning you're going to get dinged on the on the double buffer okay that that I maybe wait on me just keep going yeah I'm good I mean I just I want to make sure that especially you know with with the Baptist Church being there on that one side and then then to a residential on the North I mean yeah I mean it's Eleanor's house who we're talking about yep she's the one that sold thank Mr Harris yeah she's the one that family owned it for like 40 years or something well meanless RC thank you okay um Council you want to have a discussion I think to Buddy's point the the whether we find the footage off the bat the the fact that we have buffers between those zoning districts is important and the fact that when there's something like this there they could be double I don't I heard people say that so I'm going to assume that that's true um uh I I think that's all I have to say right now um I did hear this at LPA so I've heard a lot of the discussion on it Steve do you have anything uh buddy I'm good well for me um I don't consider this upzoning I'm sorry I don't it's putting back what was taken and I'm 100% someone who was my property was rezoned unfairly not knowing and it took me seven and a half years to get my zoning back so this is again I don't know who allowed this craziness to happen to so many properties in the keys but um first of all as much as I know we need affordable housing you can't dictate to someone how to use their property and then uh mainly I I'm very very strong believer that let's put back the mistakes that the whoever did to all of us should be done so um yours was put back with conditions yeah mine was put back with conditions and you know but anyhow um that's all I have to say I have I have the answer on the buffer I have the answer on the buffer did you get it already I got the answer on the buffer yards she's faster than you go ahead on from a we're looking from a public service to Highway commercials the class a buffer which is 5T with two canopy trees and 15 shrubs or 10t with two canopy trees and 10 10 shrubs wow that's a lot that's it's a big buffer it's a big buffer you know there's a difference too between rezoning and upzoning 100% upzoning is when you have a current zoning and you allow for uh more units per that zoning District or or less parking for that particular zoning district U so you're this isn't upzoning this is rezoning and there's a difference anyone else okay then uh we would take each item C and D separately so uh if anybody wants to make a motion start C okay do I have I'll make a motion to approve the change on item C on the future land use map do I have a second I'll second okay Stephanie would you please call the role councilwoman Deb Gillis yes councilman Steve Freedman yes councilman buddy Pender yes and mayor Sharon Mahoney yes motion passes 4 to zero okay now we're going to move to the second part I'll make a motion unless somebody else no can I have I'll make a motion to um approve the zoning map change um on this property a second okay Stephanie councilwoman devb Gillis yes councilman Steve fredman yes councilman buddy Pender yes mayor Sharon Mahoney yes motion passes 4 to zero okay you're welcome we uh are on Tab e which is a uh resolution of the Village Council of alam Village of violence Florida considering the request by native uh rental properties for administrative relief from the village building permit allocation system B pass for property located at 169 Hibiscus Street Plantation key as legally described in exhibit a providing for transmitt of the uh to the Department of Commerce and providing for an effective date uh and again uh Council before we begin on this item if you would please disclose any expart Communications you may have had with the applicant or anyone else um and then please State whether the person um please include whether the person represent any group or entity as well as the subject matter as you best recall okay Deb um I had a very brief phone call reminding me that this was on the agenda from Brett Don uh yeah I spoke to Brett just real briefly Steve uh just a couple of text messages about this item he wanted to talk about didn't go further than that Mr Pender yep he just called to remind me that this was on the agenda and he called me too so does he think we're too old to remember this I think so he put a tag on my shirt reminded me okay let me ask Jennifer a quick question Jennifer how long have these been it's been like five years now four and a half I asked four and a half okay it's part of my presentation thank you thank you mayor no worries go ahead Jennifer good evening again Council Jennifer Dean planning director I'm here this evening for administrative relief for 169 Hibiscus Street Isa maradil Investment Trust has applied for administrative relief pursuant to section 30-47 of the code of ordinances of viol marada Village violence Village code section 30-47 requires that a public hearing be held during which the Village Council of VI marada shall consider all evidence presented regarding the application and shall follow the procedures standards and criteria found within code sections 30-55 2 and 30-55 3 beneficial use and the verden approv shall be on the applicant the subject property is located at 169 Hibiscus Street and legally described in exhibit a of the proposed resolution which is attached to your package the application was entered into the building permit allocation system on July 31st 2020 the application has been considered in four consecutive annual allocation periods and has failed to receive an annual an allocation award at the close of quarter 4 of 2024 the application was ranked 12 with 18 points pursuant to the requirements set forth in code section 30477 A the applicant was eligible to apply for administrative relief between 12:01 p.m. on September 30th 2024 and 12:00 p.m. on January 28th 2025 the applicant submitted the application for administrative relief on October 23rd 2024 the proposed development is one single family three-bedroom two-b home approximately 2,154 ft the site is approximately 5, 250 ft with allow clearing and mitigation based on the habitat the analysis based on the code section is in your pocket this evening additional information provided by the applicant the property owner has compiled has complied with all the requirements of the building permit allocation system the bass application has not been withdrawn at any time the property owner has not applied for for a deferral the applicant as stated is seeking an allocation award remedies offered under code section 30477 F at the inclusion of the public hearing the Village Council may take any or accommodation of the following actions Grant the application the applicant an allocation award for all or part of the allocation requested in the next suceeding allocation period or extended Prado over several succeeding allocation periods offer to purchase the property at its fair market value Su suggest such other relief as may be necessary and appropriate The Village currently has 22 allocations available for administrative relief at this time I don't anything else if the village if Council has questions I'm here to answer them for you I got one go ahead Don um so on our title um on the administrative for Le for 169 it's a um a resolution request by native rental properties the uh the residential is native or the resolution is native rental properties the property appraiser record show that it's owned by aam ra realy trust MH so we should amend the resolution before we approve this if we're going to okay this for Alam realy trust right I did the resolution based on the application not by the property but probably I'll leave that to I'll ask legal that question yeah if there if there was a change of ownership in the um uh as to who owns the property we can amend it to reflect the the correct owner um I think that would be appropriate yeah okay anybody else I'm good Steve no I move to approve well we got to have we do Sor see that game see the game Don's in a hurry he wants to go to bed would it be appropriate to see if Mr eckan would like to say anything yes this is Jud was SW in excuse me he wasn't sworn in he was he didn't you get sworn in you if you want yeah if if he's going to speak if you weren't sworn him before you wouldn't need speak here if you need me okay I didn't know if he wanted to say something but okay okay so then I do we we would if there's anybody who is yeah anybody who start with anyone in favor um and then anyone oppos I'm going to I'm going to add I was thinking I'm going to add this to the uh I'm tell the chat she I'm telling you I can't for some reason all right do we have anyone Stephanie I have someone signed up for opposed okay but okay so then that we move to the next one the gentleman holding his hand up for AOS yeah yeah go ahead you now Jim come on up oppos okay thanks Jim inright uh I live Plantation Key Colony I live matter of fact I live across the street from the property I got to tell you you build nice homes two of them on my Street very nice homes I just don't get why they get to jump to the front of the line as far as permitting goes when people have been waiting for years for permits why did they get to jump to the front of the line and the question that I have is I don't understand why the applicant would get to jump to the front of the line to get these permits can you please let us know if anyone in the Village Council has received any campaign contributions or the promises of such contributions for this applicant or anyone associated with this applicant's company and so would you please Rec recuse yourself from the voting I also want to get to the see the football game thank you so Mr Quick I'm going to ask you how would how does this work from what he's requesting so um in terms of the how are we here there is a process in our code that's built in that every that applies to everyone across the board this is not a a special circumstance for this applicant if you are in the bass system for um years for 4 years um you are eligible to apply for administrative relief and this applicant as well as two others that are are here today um have elected to to apply so anyone who is in there is eligible um this applicant waited for more than four years in the bass system um otherwise they wouldn't be sitting here today this application would have been rejected at the planning level and you would never even have seen it um so so yeah there there is no special consideration that um is given for anybody who takes advantage of the administrative relief and it's elig and everyone is eligible to if they meet the requirements in the code everyone is eligible to apply for administrative relief do you do that make sense to you that does that make sense to you that he waited the time and no I understand but that doesn't get to the second part of my oh I was I was taking the first one first so yeah I mean campaign contributions are campaign contributions they're not um they are not something that is um uh that's not something that should influence your decisions I mean if you all feel that you can't be uh unbiased in a quasa Judicial hearing obviously you all would recuse yourself but biased or unbiased means going either way meaning somebody gave you $100 for a campaign contribution if you can't look at it objectively and say either yes or no then that would be something that you would all um you know you you would all personally deal with but the fact that somebody made a campaign contribution that that happens that that's part of our electoral system is that people run you get campaign contributions and um it it plays no bearing on this that you are bound by the the record and it has to whatever your decision has to be supported by the record by competent substantial evidence and if it's not then we can't justify ify it and and frankly somebody would challenge us and and you know we would have to defend it and and and hope that we could Prevail so everything that is is discussed in quasa judicial particularly needs to be based upon the record not based upon anything outside of the record that's right okay for the record Sir Mr eblo contributed to my opponent I believe well I had no opponent so I didn't get any donations lucky you um so and that's that's a good point that that council member Freedman brings up too that if there's a campaign contribution that went to an opponent it's it's the same thing it it doesn't matter I you know you I you all I assum can be um uh objective so I that that's a good point that to bring up that one way or the other you are bound by the record not by anything that happened during the campaign John they're public records he can go look it up at Joyce Griffin's website at the the supervisor of elections and see everybody's campaign room that's correct I believe it's actually on our website what that actually on our website under the village clerk under the vage but it's not really jumping this the jumping the line it's because it's following the system and the system has been that way since 1992 anybody that is in the bass Q or in the county in the rogo queue for four consecutive years can come in front of the county commissioner or the or is and ask for administrative relief in other words they've been in the queue for that long and they'd like to have something and there's there's actually three things in the code that it says we can do uh in order to you know determine that to add to that I think anyone who's been in the the line for four years can ask for administrative release but it costs them money yes to apply for it so that's why some people may choose not to apply for it to sit on B pass so he didn't jump in front of anybody he um followed the system and then he paid the money to be uh moved to this section of it a $1,500 fee I paid it myself and waited seven years because I want you to understand last month we approved another one in Flamingo hammock almost they waited almost five years and they waited almost five years yeah yeah so I hope we answered some of your questions yes thank you okay um Council anything I moved to a pro no well what I want to follow your that we can still have a discussion okay yeah so you move to approve and I'll second okay but I want have a statement good um uh for the Public's knowledge um I looked up the um environmental side of this and they're allowed to by our code they're allowed to clear up to 70% they're only requesting uh 49% and and they have to mitigate some of the trees and stuff in there so there will be money paid or replacement of the trees in other places depending on how all that works out as they build but I want the public to understand that they there's codes to protect the environment out there and and they will have to follow those codes like like I said they build nice house yeah he does and as part of the approval we we could we'll update the the title to correct the the the now current owner but that's a scrier issue I we can we can deal with that okay so we have a motion anybody want to say anything else or Marney sorry Steph Stephanie will you call the role please vice mayor Don Horton yes councilwoman Deb Gillis yes councilman Steve fredman yes councilman buddy Pender yes and mayor Sharon Mahoney yes motion passes 5 to zero okay uh John yep we are Jennifer tab f uh this is a resolution of the Village Council of is marata Village of violence Florida considering the request of is marata reality Investment Trust for administrative relief from the village uh building permit allocation system B pass for property located at 171 Hibiscus Street Plantation key as legally described in exhibit a providing for transmittal the uh to the Department of Commerce and providing for an effective date and again before we begin Council if you'll please disclose any expart Communications you may have had with the applicant or anyone else um and please include whether the person represented a group or entity as well as as a subject matter Deb I still had that two-minute phone call with Brett Don I had my reminder cuz I'm Cen now from Brett uh Steve uh as stated previously me as well uh as stated previously same here so we're good good evening Council Again Jennifer deor and planning director I'm here this evening for administrative relief on 171 Hibiscus Street is marity Investment Trust has applied for admin ative relief pursuant to section 30477 code of ordinances of the village of VI marada code section 30477 requires that a public hearing be held during which the Village Council VI marada shall consider all evidence presented regarding the application and shall follow the procedures standards and criteria found within the code sections 30-55 2 and 30-55 3 beneficial use the burden of proof shall be on the applicant the subject property is located at 71 Hibiscus Street and is legally described in the exhibit a of the proposed resolution the application was entered into the building permit allocation system on July 31st 2020 the application has been considered in four consecutive annual allocation periods and has failed to receive an allocation award at the close of quarter 4 of 2024 the application was ranked 13 with 18 points pursuant to the requirements set forth in code section 30- 477a the applicant was eligible to apply for administrative relief between 12:01 on September 30th 2024 and 12:00 p.m. on January 28th 2025 the applicant submitted the application for administrative relief on October 23rd 2024 the proposed development is one single family three-bedroom two-b home and approximately 2,154 ft the site is approximately 5,250 ft with the allowed clearing and mitigation based on the habitat again the analysis is in your packet as presented under the code additional information provided by the applicant the property owner has complied with the requ all the requirements of the building permit allocation system the B pass application has not been withdrawn at any time the property owner has not applied for deferral and the applicant as stated is seeking an allocation award remedy is offered under code section 30477 F at the conclusion of the public hearing The Grillage Council may take any or combination of the following actions Grant the applicant an application award for all of part of the allocation requested in the next succeeding allocation period or extend pra over several succeeding allocation periods offer to purchase the property its fair market value suggest other relief as may be necessary and appropriate currently the village has well now 21 allocations available for administrative relief again I'm here to answer any questions you may have anyone have any questions for Miss Jennifer no okay ready John all in favor all those in support I've got it now do we have anyone I don't have anyone signed up and no one against okay so Council anybody have anything does Brett want to say anything no he said he was here I don't so I'll make the same statement as I made on the last one is that this the environmental side of it is the property is allowed to clear 70% they uh asking for 49% the if there's about 30 trees on the property if they can't figure out how to replace the trees on the property they will have to pay a fee um and with that if there's no other discussion anybody have anything okay I'll make a motion to approve do I have a second I'll make a second Miss Stephanie would you call the rooll thank you councilwoman debil yes councilman buddy Pender yes councilman Steve bedman yes vice mayor Don Horton yes mayor Sharon Mahoney yes motion passes 5 to zero okay John uh last one is a resolution of Village Council of alar Village violence Florida consider the request by Isam Mar reality Investment Trust for administrative relief from the village building permit allocation system bass for property located at 267 hi viscus Street Plantation key as legally described in exhibit a providing for the transmittal to the Department of Commerce and providing for an effective date uh and again uh before we begin if you please disclose any expart Communications you may have had with the applicant or anyone else and uh please include whether the person represented any group or entity as well as a subject matter as you best recall Deb Brett as a reminder Don the same thing Brett as a reminder it was on the on the agenda Steve as stated previously as stated previously ditto twice okay good evening again Jennifer D planning dor I'm here this evening for administrative relief for 267 Hibiscus Street Isa marity Investment Trust has applied for administrative relief pursuant to section 30-47 of the code of ordinances of the village of is marada V Village code section 30477 requires that a public hearing be held during which the Village Council shall consider all evidence presented regarding the application and shall follow the procedures standards and criteria found within code sections 30-55 2 and - 553 beneficial use and the burden approved shall be on the applicant the subject property is located at 267 Hibiscus Street and legally described in exhibit a of the proposed resolution the applica application was entered into the building permit allocation system on August 17th 2020 the application has been considered in four consecutive annual allocation periods and has failed to receive an allocation award at the close of quarter 4 of 2024 the application was ranked 14 with 18 points pursuant to the requirements set forth in code section 30- 477a the applicant was eligible to apply for administrative relief between 121 p.m. on September 30th 2024 and 12:00 p.m. on January 28th 2025 the applicant submitted the application for administrated Relief on October 18th 2024 the proposed development is one single family three-bedroom two-b home approximately 2,224 ft the site is approximately 5,250 ft with the allowed clearing and mitigation based on habitat again the analysis is in your pocket additional information provided by the applicant the property owner has complied with all requirements of the building permit allocation system the be bass application has not been withdrawn at any time the property owner has not applied for a deferral and the applicant as stated is seeking an allocation award remedies offered under the code section 30477 F at the conclusion of the public hearing the realage council May take any or combination of the following actions Grant the applicant an allocation award for all or part of the allocation requested in the next succeeding allocation period or extended Prado over several succeeding allocation periods offer to purchase the property at its fair market value or suggests other relief as may be necessary and appropriate Village currently now has 20 allocations available for administrative really she's count she again I'm here to answer any questions you may have anyone have anything for no all in favor anyone in favor I have't Nei neither neither she has neither so Council I'll make the St same statement again it's allowed 70% uh uh clearing it's requesting 50% there's 67 trees on the property they they will have to deal with in some fashion and I'll continue unless somebody else El wants to no no I'll make a motion to approve do I have a second I'll second Stephanie the rle please councilwoman Deb Gillis yes vice mayor Don Horton yes councilman Steve Freedman yes councilman buddy Pender yes mayor Sharon Mahone yes motion passes 5 to zero okay thank got crew ready okay John do we have any other business are we good nope that's everything okay go watch the football game we need a motion motion to adjourn yes I'll second okay go watch footb need one