e e e e e e e e e e
e e e [Applause] good evening everyone it's 5:30 Marne would you please call the role council member Steve fredman here council member Deb Gillis here vice
mayor Don Horton I'm here and mayor Sharon Mahoney here we have a quorum okay uh Ty Harris would you lead us in the Pledge of Allegiance yes I to the flag of the United States of America and to the Republic for which
it stands one nation under God indivisible with liy and Justice thank you Mr Harris okay any uh requests from the council deletions additions Steve uh yeah I think the um Mike
I think the mik the fireworks I can't I don't have it up right now we don't I don't need to discuss that tonight oh Deb um I'd like to pull tab five on the consent agenda just for a very very short conversation and tab five would
be it's it's on the um d d yeah for lower mat for the um cver project tab five okay and you want to pull that and discuss it
yeah it'll be very short okay Don no I have nothing ma'am okay all right um before we get started I had a request from Mr dully to come up and speak so if it's okay with everybody would you like to come up please sure
hello all right good evening everyone good evening May uh council members fellow Isam Mara residents um I'm Greg Dolly if You' forgotten uh I first want to express my heartfelt gratitude to each and every one of you um for your support your encouragement and belief in
me throughout this process it means more to me that I can say as you know the outcome of this appointment was a tie between Anna Richards and myself um after much thought prayer and consideration I've decided to step down and withdraw my candidacy this was not
an easy decision but is one that I made with the best interest of our community mind I believe that stepping aside this time will Foster unity and hope that this will allow this Council to move forward together this is not the end of my journey I remain deeply committed to serving our community and I fully intend
to run in the next general election and I hope you have your support as well then in the meantime I will continue to be involved supporting the work that needs to be done and ensuring that our shared values and priorities remain in the Forefront I TR appreciate all of you and I ask that we come together in support
of Anna as we move forward our community is stronger When We Stand United and that was why I ran and I was hoping to get an appointment I'm confident that together we can work together to make Isam m a beautiful place that I live thank you
and God bless you all my journey thank you Greg you're [Applause] welcome Don uh Point order mayor if in in light of that uh withdrawal and
um Greg as we all said it was a extremely tough decision but in light of that um withdrawal I I I'd like I think I want to have a discussion about where we move forward from here because um we all
agreed on the process at the U at the onset of this and uh we took seven people we took eight people one with true we took seven people we brought them down to three we took three to
two uh and then now we really have one and I I think I'd like if it's acceptable I'd like to make a kind of a stacked motion um we
uh uh we agreed on the process and uh but we also talked about waiting until the March meeting um so I guess if I could I don't know if it's acceptable John and you can tell me but I'd like
to uh move that discussion from March to now and make a motion that we make move that and then secondly I make a motion that we now um um bring the the second runner up or the first
runner up however it was Anna uh and recommend that she become our next uh replacement for Buddy's resignation in seat one is that acceptable to do a motion that way yes you can do them together as one motion if you'd like or you can do
them separately as as two separate motions I think I'd just rather take care of both of them at once if that's okay public comment so that's my motion sir yep and and there would be public comment on on that as well obviously if the motion get a second so I will make u
a second to your motion to move ahead with this but I would like to have a caveat that we I think I'm ahead of myself okay I have a caveat if if this goes forward I of I I'll just say it now I
don't think it it applies now as I would like to um [Music] I think it's only fair to our candidate C Anna to swear her in at the end of the night not now and have her seat with no
background on any of the stock so I would prefer her not to I don't think that's start tonight just because I just don't think it's fair she didn't have a book or anything we that's all all of this is online all of this is now she might not have the
the you know the pre the preting or whatever it I just Steve do you have anything you'd like to say um I was going to talk about uh holding a special election um since I don't think we can we can I I think we
can it it's there's some hurdles to get over um but we can because I think that we owe that to the to the people of Isam marada to um choose the candidate that that they want John I would I listen I all long wanted a a special election but
we can't according to under the charter as is currently written we cannot have a special election uh let me say cannot have a special election for to fill the vacant seat the the charter uh dictates that it has to be appointed by this Council um the only way you could do
that is if we had a special election to amend the charter and then after if that Charter Amendment passes then you could have a special election um if that passes so um so you could do it that way
but I mean just in terms of logistics REM reminder that it's done by ordinance we we'd we'd have to come back with an ordinance uh for a charter Amendment you guys would approve it on two readings uh we'd work with the uh supervisor of elections on a special election date um have an election and then if if it's
approved as amended then you could uh have a special election which would be the same process in ordinance two readings and with the um supervisor of elections to have a special election date so so the long and the short of that is that it would probably be a
minimum a minimum of two months probably it would be more than that it would take two two readings for the ordinance two month four months more like four months right but we have a responsibility in
our code and in our Charter yes to follow our Charter and our Charter tells us that that we are tasked with making this decision and at the same time when we started this entire thing after the resignation of buddy we all agreed on
what the process was going to be and we were at the end of that process uh we were stuck we didn't know how to get out of that we are not stuck now so my motion stands or my second stance so John do we have public comment first
before we yes public comment um and and just as a reminder this is so the public is aware um this is a motion to have the discussion uh about it today and that the uh appointment be to um uh that Miss
Richards be appointed to the uh a vacant Council seat okay um Mary we have anyone well since it was um not really on the agenda we do have uh van wanted to speak on several mayor council
communication it's okay it's it wasn't on the agenda I would say if anybody wants to speak uh you should um get your cards in now so that um uh we know okay yes Joe wishm Plantation key you know I feel that this
is at the last minute and In fairness to all the other candidates who applied for this if Mr Gully was not going to run from the beginning that may have changed the process and who actually came down to some of the final decisions so it
would be my suggestion that if you're going to start this you ought to start again with all the candidates if you think that you have it narrowed down to one then it should go very very quickly but In fairness to the other candidates and everybody else I think that you
ought to at least start from the beginning and start with all seven or eight candidates thank you agreed on the process van good evening van k head uh I think uh we're jumping ahead a little bit rapidly here uh Mr Horton
brought out that we are obligated by the charter to do this and we are also obligated by the charter to elect somebody in there within 30 days which we have not done so we have busted the charter once and uh there is some question uh uh
being investigated now that there's a possibility that Mr Pender might not have been a valid candidate in the last election owing to the fact that he was not a full-time resident of Isa marada at the time of the
election and uh he uh was here long enough to nominate uh Sharon and Don for their positions and then rapidly left town after he uh stepped down so I I think uh we should look at the fact of
uh if he was not a valid candidate then the next in line would be me because I was the runner up for that position I ran for that position against that man and uh I don't think that uh the
qualifications that I have are even anywhere near comparable to what Anna Richards has I've been here for 65 years I've been here at every meeting for 25 years you don't want to see my face because I know where the bodies are
buried you don't want me up there in that seat I understand why but I also understand I got 1411 people in the village of alamada to vet me and ask me to be in that seat and I would like very much to be in that seat to help Mr
fredman and anybody else that's in in favor of helping the residents of alam marada and saving the environment of alamada and saving the Environ the environment of alam marada does not include Parmley Island cutting down
Eagles n it does not include making a difference in a in a real estate sale between $57 million and $65 million which is a direct conflict of interest for Miss Richards or Mrs Richards ex think fa to be disparaging anyone I'm
not disparaging anyone I'm stating facts sir all right all right and if you don't want to hear the facts I'm sorry but they that they are what they are de so so uh I I hope you will reconsider this and and uh I I think you're rushing the
the uh the uh jump jumping the gun on this Mr dly stepped down and if he had stepped down before the last meeting or during the last meeting we wouldn't be having this discussion thank you very much um first of all uh van buddy Pender
is a resident you don't need to talk to me he was a resident just because he went out of town when we weren't up here does not make him not a resident so that's not a fact and number two your behavior towards this Council when you get up there and yell and scream at us
and am I yelling and screaming I don't believe I am Madam I'm I'm merely stating my point of VI your attitude is what is affecting all of us with you right now so I appreciate your thoughts but I'm I'm having a really hard time when you make accusations that aren't true buddy was a resident here buddy
left for personal reasons that's all that needs to well he certainly did so and we're aware of them thank you very much Dr Harold dton good evening Council and thank you um Dr Harold Dalton uh upper medic
Kumi um I in my career have been on numerous local state and national uh committies of of different governmental sources and in each one of them there's
been a mechanism to break a high now I think tonight number one Anna is the the best uh candidate for this position I think she should fill this position I agree with the motion uh but I don't agree with a second I think that there
are things that will be voted on tonight that may end up in a tie you can't have a committee of an even number you have to have a mechanism to break a tie so even would recommend that you bring Anna on vote on it now bring her
up and then have five people on the committee but number two and more important you guys need to come up with a mechanism to break a tie if somebody six is sick if somebody can't be here or somebody uh has to withdraw their vote
there needs to be a mechanism to break that and that's an error in the charter it needs to be corrected somehow particularly on important votes I would defer to Council on exactly how to get that done but uh that needs to be done in the future so again I strongly uh
recommend Anna for the job I think she's exceptionally well qualified will be a fine representative of this uh population and of this city uh and I think she should be brought up if the vote is positive should be brought on this evening before and not wait another
month thank you thank you thank you Mr anyone else Marty yes Robert y Roger young Plantation key my my uh comments are directed to councilman fredman I'm listening up there two three
months we'll be fine with you the last meeting you stated it came down to the last two and very publicly on your Facebook and your email you suggested that two of these sitting councilmen changed their vote for the good of the
village now Mr dully dropped out whatever reason but the deal was the deal you would you said you'd agreed to those two and now you're going to talk about reloading all this other craziness and starting from
scratch it's you're not making a present here you you did put it on Facebook you did put it on your email and you just suggest that they vote for what your person and and it didn't happen and Mr dully dropped out so you need to do the right
thing thank thank you for your comments thank you Roger Marne anyone else no one else has signed up and no one no hands raised on Zoom okay Council we have two things to decide um uh John do you have
a uh thought that about Anna after you make the motion does how the procedure would work yeah I mean you could do it either way you she could either get sworn in right here and now I think that's what happened with with current councilman woman Gillis when she was on
the uh Council the first time I think she got sworn in and uh got thrown thrown in right there in that that day or you can say you know what we're going to do it but we're going to have the swearing in take place after this meeting um which I think either either one of those options I would recommend I
wouldn't wait recommend waiting until March because if whoever you appoint will at least have access as a council person to meet with staff to prepare for the meetings um uh so and and staff can can get that person set up through it
and things like that so whether whether the first meeting is is tonight or March uh my recommendation would be at least to deal with it um so that the person uh again whether it's Miss Richard or who whomever that the person can at least have access to to the staff like like a
reg a normal counsil person de before you jump in I know what you're going to do we let's deal with one thing at a time well that's what I was going to suggest okay well that's why I'm sitting here so uh let's go back to uh Anna first we have a motion to bring Anna up
here the motion well okay so let me see if I can clarify maybe it's exactly what you're going to say okay but in my mind I need to clarify it so we have a motion first of all to have the discussion tonight which we're having and then we had a motion that's tied to it to accept
Anna yeah it's really one motion that's stacked but okay it's it's tied together I just said that was tied together uh I am more than happy to make that motion then and but I would once we have that I would like to
ask Anna to the mic for a second before we go any further I so I've made the motion a second so if that whatever and just so it's one motion Le one that's on the table motion to um change the date of the
consideration to today yes sir and to um uh accept Miss Richards or appoint Miss Richards and the vacant Council seat correct okay so martinne we have a first and a second would you call the role please vice mayor Don Horton yes council member Deb Gillis yes council member
Steve fredman in the spirit of the Union Yes and mayor Sharon Mahoney yes motion passes 4 to zero okay now may I of course go ahead thank you Anna can can I ask you to the M for just a minute please I promise it'll be painless uhhuh
well it is Isam r a council so anytime you get close up here it's not painless yeah I know that's oh this this has been pretty P pretty painful so the the question is and it would be your op can I say something even before you even go
there sure I think I think you're going to be okay with what I'm going to say is that I have read everything tonight but in all fairness to everybody involved including myself um I would
prefer myself if we waited till the end of the meeting um to do it and let you guys continue on with the agenda the agenda is pretty simple everything I don't see where it's going to be a problem with everything you guys are going to vote on tonight so if you guys are good with
that then then I'm good with that did you have another question that's no that's exactly what I was going to ask you is if you're comfortable because I I live through that going from that seat to that seat and the night that I did that we voted
on the S assessments no and you regret every day and I I yeah I'm still here I feel confident with a lot of the stuff that you guys are going to talk about but not being not having the inside track uh meetings like you guys
have had to brief yourselves more fully to be fully informed on the decision that you're going to make when I go to make a decision I like to have all the facts down and have all the information and I prefer to just make that that way awesome and that is an awesome thought I
would love to have you said tonight but I think you at a disadvantage yeah i' would rather wait till let's get through that and then we can do it afterwards so before we end tonight before we leave tonight we can don't leave yet don't leave you have to stay to The Bitter End
also well you know come on yes go ahead Madame mayor can I just mention one thing to soon to be councilwoman Richards you are now governed by Sunshine so uh if we take a you can talk to you can talk to them but if we take a break or anything about any
don't don't speak with any of your other council members about something anything that could come before you all so it's just like on Election night you know even if even though you haven't been sworn in yet it it now is triggered so you're free to talk to everybody out there though okay than you popcorn
sorry welcome aboard welcome aboard and I would like to make one more short statement is i' I want to thank Mr Dolly for his efforts and his consideration of the entire Village thank you him and I spoke last night
so that's that's a uniter not a divider yes thank you great thank you him and I have already talked about working together on projects and perfect thank you okay okay moving on reports presentations and
announcements I believe we have Matt Bellinger for the Nearshore water Diane's not here so Matt will you want to come up Terry that's a hard act to follow all right so my name is Matt Binger I'm on the Nearshore water committee and here
filling the the big shoes of Diane Harbaugh as she's uh kicking off the uh old the old the over the hill over the hill I almost got it wrong there over um sailfish thank you so uh item a was
uh the committee received an update from the Sheriff's Office uh the procurement of a new boat is in progress and it will be uh needed to be outfitted with Emergency Equipment before it's ready for use uh the sheriff's office is planning ahead for summer boat traffic
in near Sho areas and rais the issue of missing and submerged buoys there's a lot um the committee members were informed by Marine Resources staff that the county uh on the county level they're aware of the issues of the buoys that are offshore outside of our Zone
and um especially at Whale Harbor and uh most of it's due to most recent installation being destroyed within the first year and a half usually the booies around town last 3 years or so four years um so they're likely going to do
because they're figuring a lot of guys are tying up to the buoys out there they're pursuing a permanent signage system out there in the area because without the signage law enforcement's feckless and being able to enforce the going into no uh no motor zones or the
poll and troll areas that are out there uh the timeline is still to be determined and the committee's um also discussed the potential for a buoy inspection program so that we stay ahead of the ball so we don't have ghost buoys and we don't have buoys uh that are gone on missing for so long uh next item was
the committee discussed a more holistic approach to management of the alam's Nearshore Waters following concerns raised by both the committee and Council along Sunset Drive with requests from the community members to establish another vessel exclusion Zone a number
of proposals and options were discussed with the committee and ultimately we're requesting more information from staff about what options are within the village legal Authority uh to regulate these Nearshore Waters the committee will continue to discuss the options and ideas of the next meeting and will
return to the council with any requests and recommendations next item up was the committee discussed the recent finalization of the uh Florida Keys National Marine Sanctuary Rule and the next steps by Congress and State in other words a couple more years probably
before we find out that uh the next one after that uh committee heard updates on the bird Stak project at Papa Joe's uh if you look at Papa Joe's there's no fault of theirs boats are now cutting across Flats to get to because
they don't know they can stay in the ditch along us one and such so uh Nick God I can't remember Nick cross a newer member on the committee got with the EPA and they hammered through real quickly their survey they've already surveyed the area and we'll be uh coming up with
a a staking problem a staking program in there and then the final one was um oh no no there's two more sorry uh oh oh sorry all right citing ongoing concerns regarding safety uh the committee is requesting that Council pursues the establishment of an idol it
could be Idol it could be no wake whatever legal comes up with the best way uh Zone through Stark's wheel ditch the wheel ditch that's behind Robbie in coordination with the appropriate state agencies a map's been provided they have it on the computer if you guys have questions about what we're talking about
delineate delineating the suggested idle slow speed no wake uh Zone in that area that is a hot potato that's kind of been thrown around we approached that 10 years ago Steve was on the committee then a good long time ago and uh it was
finally put down by the FWC the genetics of this whole thing is FWC went to L State Park and said you guys need to do something with your wheel ditch uh about speed they want it slowed
down they want it down to nothing the state par came to us and said you guys need to come up with a plan for the wheel ditch um I think and I don't know if I'm can I put congest in on this I think what it is is FWC doesn't want to deal
with shutting it down for any blowback they might get from residents and or guide Community um and uh the state park doesn't want that because if you look on the plat it's the state parks now we're more than happy to work with him to come up with a program and all that cuz
across the board with us we saw a growing growing growing need for uh some intervention in there of trying to slow down traffic and the last one is uh the committee received an update on the Taver Creek extension of excuse me of the slow speed zone and we're pleased to
hear the items currently under review we're definitely for anything to make the those channels safer I got a question okay um go ahead how does the GU Association feel about uh bringing this to a a no wake or a slow speed um
we haven't broached it with them and I I'm a member of the GU Association um if it if you idle through there or do minimum speed or oh not minimum speed that's not going to work low uh no wake yeah it's about an 8 minute disruption in your day do it a million times and if
8 minutes ruins your day yeah Walmart's hiring greeters yeah right I mean it's if you go through there enough sooner or later you're going to have to come on the breaks cuz there's going to be a 12-year-old and a 14-year-old mhm P Board going across your your the front
end of your boat there um it's time it is it is and that's my opinion no I get it and but it and it's been a heated discussion we've had three meetings on this one how do we advance that well I've I've met I sat in on the meeting and by the way what a great committee it
is they're very well organized different people with great suggestions and next morning I called John he's reading his book and eating popcorn but I called John the next morning and asked him if he could find out who has the rights to that cut and I did you find out anything
still don't have the answer to that it's still okay so we're working on it it seems like it's about three different bureaucracies I know I know he's working on it but I I did ask the next morning because I think it's extremely important because I've been through there too and it's so dangerous it just is always has
been yeah if you haven't had a close call in there you just don't go in there enough many times yeah so I will stay on Mr Quick to keep finding out the answer to who owns it and then we'll proceed to I think uh you know the common thing to do is to make it a no wake zone myself
but we'll see so than any other questions Steve do you have anything for Matt just can I throw a really quick decide that we're going to talk about the next meeting but um there is a great and I'm not a a hyper contct there's a
great big monster out in the Gulf it's 15 Mi off of um marathon and it's 2 miles off of Ky West and it's about 8 Miles off of kjo it's a huge red tide it's our problem we've got to stop
thinking it's not our problem I was saying it today the fish fry they're dying and their alone yeah are years and years and years of class of fish coming uh I don't know how you we do it but it's it's going to be in the backyard here we need to make the governor understand the
problems that's coming out of the Mainland that that is heading our way we sewered yeah to save the water the West Coast Star Island right septic system still but yeah it just it's one of those things that we need to bark really loudly not wait for a West Coast group
age to do it for us thank you m thank you guys thanks gav um before we move forward I would like to remind everybody that this Sunday at The Islander Resort uh we are having a fundraiser for a fire
rescue boat our wonderful Terry AEL and Judy Hall the my partners in crime uh are put together a really good event it's from noon to 6 o' um we've got Terry doing his barbecue we got food truck face painting Hair Braiding for
the kids and we've got Terry and M's famous little duck pond for the kids and darts for the adults so it should be a good time for a really good cause if everybody remembers um for whatever reason we did not get funding for the
fire rescue boat um the Lauren Melo is going to try to come and uh come in for the day the family June Smith is going to be here with her whole family so it's extremely important that we don't let this um fade away that we stay on top of it so I invite everybody to come out
Sunday I thank Roger young for the cooler full of liquor for one of my raffle prizes and I encourage everybody to step up to the plate and help us make the waters and the keys much safer for everyone Judy I took out a loan for eggs so that I can make keyme pie at Judy's
key line Pie Contest I forgot to we're having that going that's another tab I know right so true all right um mayor council communication um I just wanted to get a feel on uh before it gets uh put it back
out how everybody feels about the Christmas lights do we want to um decorate do we want to spend x amount of dollars do we want to set a limit for our staff to put out to see what we get back how much do we spend well we got it
down because Henry I think it's 110,000 am I right sounds right 110 which is a lot and we just decorating the park I know it's beautiful but before we sign a contract with anybody I think it's important that we have this
discussion so we have time to make a decision so I'm just looking for how everybody feels me first yeah go ahead so um that's that's a lot of money to spend on holiday decorations that's basically
only here there was one other two other places that they showed up in the village um I I think we I think we as a town need to do something but not to that degree I think that the what we did here in the
park it was beautiful but it it was a lot of money to do I mean like um when I hate I don't want to go into specifics really but decorating the administrative building wrapping it in lights that's that's that's a lot of time and money on
that the little the little um blowup artificial Reef that we had here and down the way there was a very very cute those are very nice uh the wrapping of the trees maybe we don't have to wrap all the trees maybe we only wrap every third tree or something I don't know I
but to not to not recognize the holidays um in a tourist town that lots of people come here for is I I think we just need to modify it um I don't know what we get for $50,000
these days but I'll just throw that number out there we need to find out what that gets us or or 75 or well maybe we can make a recommendation for the staff to do a 50,000 and a 75,000 and see what that gives us us and and Don do
you have any thoughts on this yeah if I can I I'll just roll both of them in together because you got a and b and you took the stage on both of them and yes I do and and I think U uh i' I'd like to see if if staff can
figure out how we can lessen that number and then I'd like to also see on on both of these if maybe we can have a discussion about uh uh every year the sheriff gives us returns quite a bit of money back to us for unspent funds and I
I think that maybe we could uh take those funds that the sheriff gives back to us and I think this year that's dedicated to buy a boat but uh from the future maybe we can use that money uh which is never a guaranteed amount but he's really good with spending our money
and saving and and we can bring that money and use that for both the charitable giving and for holiday lights and and allocate it that way and maybe maybe that way we're not taking out taxpayers dollars were that those funds that are coming back from the sheriff be
for I agree about the using that money for that but I my point for the charitable giving is um do we even have should we be doing it at all who are the F four or now it's five of us to decide who gets the chair is empty but well I
think if we had a committee uh if we had a committee that would make that decision instead of this these five that are up here making that decision and we knew what we were going to be able to spend and we could allocate that then it takes it off of the pressure of the elected officials there's a committee
that actually doing all well if it's not coming out of the tax Bayer dollars that way then I I agree that the the the concept of collecting taxes from people and then turning around and giving it to non for-profits that everybody should be
able to make that decision on their own Y where they really feel that the money should go to so I don't think we should be in it at all myself that's just my opinion but I wouldn't be opposed to do it that way but maybe we can so to start off with just this discussion I think we
should have some holiday lights I don't think that that unless the taxpayer would want to pay $110,000 for those and I think that staff can come back with something a little more reasonable do and spread it around town yeah yeah I agree yeah something something a little bit of and I know we don't have a lot of
places so have we did you want to comment on the holiday lights because I want to comment on the the I'm fine with all that it's just a little bit you know it's a shocking sticker price cuz that's a that's a bathroom behind a library basically what that is so I like your
ideas I think um let's let's look at it viously these are things that the that the um Community really loves and enjoys and and we ought to look at continuing that somehow and maybe just creating a better budget be inventive on it yeah yes so call
Elon so the the comment that I have about the um have we switched subjects I don't want to jump on you not really okay on the um charitable donations is that first of all you guys did a great job in pairing them down over the last
couple years I think you you budgeted 125 and you took it down to 68 or something like that um and but I I think I think we need to have a a more thorough discussion
on we don't have in Isam we don't have what I call a social service department people who are struggling have no place to go and maybe we need to Define the charitable donations a little
tighter as to who can qualify and then a couple years ago they were making um I think they I don't think they called them contracts but with with the people that they gave money to um
returnables that's not the right word either um deliverables uh of of okay we're going to give you this money and for this money what are you going to do or how are you going to spend the money and they they had like a little contract that they had to present
um I I just think we need to to consider the fact that and I'll name I'll name a couple of them the good health clinic there is a lot of people that use the good health the clinic that I I I kind of find it
hard to believe that people would not want people to have Health Care Service um um and it's hard to draw the line at where that stops but I'd like to see us give some
money not a not necessarily a lot to um those kind of charitable Services whether we're talking that or the dental program that Services everybody or whether we talking um those are the two that I come up with
off the top of my head because I didn't or a rotation through sorry or rotation maybe even the other thing is that in that charitable donation I think that they also included things like this is this is where I get a little bit
sideways in my thought pattern is that firm has the organization firm that fights for insurance insurance they've done a great job and and have they solved the problem no but they keep working at it and without them
uh they're they're an advocate um maybe they can maybe they can be considered a consultant and come out of a different fund or something instead um or uh even a lobbyist you
know and come out of a different fund if you just don't want to put in the same fund there's them um see we all live by the the water the iare people but there's about a thousand different different organizations these days
besides ey care um but it we all live by the water without that water we don't have so I think it just needs some more discussion and and I think we need a better process there's there's items that I I don't mean this way that were
on there that I don't think that they're that we need to give to those it's my opinion it's just one opinion but but to cut it out completely I'm not you know I'm not sure I want to do that
Steve yeah I think we just I think we need to continue discussing and see what we can do maybe we can come up with some sort of program whether it's specified toward healthc care or something like that um I you know I I don't want to be the one to to to say no we we shouldn't
do this at all um but at the same time it's it's a it's a difficult process so maybe there's a way that we could just improve that process well let's do this let's now you guys can think about it and let's we'll next month have another short discussion about it and maybe come
up with some different maybe we can write our ideas and and get them to Marne and invite the public to bring in their as well we can make Anna make that final decision right right okay all right so that's done and over now uh Don
Horton us uh conversation about the mobile home you know so many times in in uh in the past we talk about important things and and and then we talk about them and then they kind of go away and I I want to keep this on the top of the
list U and and for for multiple reasons but the Reconstruction of the CBS and and fedro trailer parks um have had just been really a thorn in my side uh what I put in our packets was was to have a
discussion about where we're at and what we need to continue to keep doing um we are not collecting tax dollars that are valuable tax dollars on that land um the improvements are are uh that are done on there because of uh overlaps on on three
uh very specific uh floor statutes are are intertwined with each other and um one part of the floor statute says that uh modular homes uh because they are built in the state and and and in what this what the code
actually says um in order to expand the availability of affordable housing any residential manufactured building that is certified under this chapter a department may be placed on a mobile home lot and a mobile home park and not
only are they talking about when they give this this statement of manufactured building they're talking about modular homes the modular homes are permanent residents and they're built under under a completely different uh set of codes than than than uh what we would call
trailers mobile homes um and the state actually calls those manufactured homes and so what has happened and it's not just in our city it's U it there's three or four of these uh uh parks in in
Marathon uh there's a whole island down in the lower Keys there's uh one of these parks in kargo maybe two and it's hard to find out exactly who the ownership of these things are but these folks have found a loophole through this
that they take those modular homes they Place those modular homes they take the title to those modular homes and they title them as mobile homes and they buy a mobile home sticker like you would a license plate like you would on a car you put it onto that modular home and
then those folks are um then paying for unimproved property because of the overlap of these three floor statutes that we put in your um wait a second in your pack can I say something yes if I remember correctly somebody in general
public comment last year came up and said that they weren't paying their fair share and then you got up and you said well you did you said oh no that they they're paying the right amount no ma'am I did not well what did you say gave a complete report of a breakdown of all
three of these statutes CU I knew this has come up before is my it's my point and and I gave you a breakdown uh up there of all three of these statutes and explain to you that these these modular homes that are there on that property were licensed as a a mobile home and
those folks over there are paying taxes on unimproved property okay I know the only thing that they that I can see that they're paying taxes on is uh the clubhouse and the swimming pool wow and so they're actually getting a free ride with all of our services in Isam marada
from all the way from fire to any Social Service to police to ambulance and all um so since I I I talk to the modular home manufacturing people I talk to the DMV licensing people and I talk to the mobile home licensing people I've talked
to our state representative and um uh and I and I've talked to uh and I've talked to our lobbyist and um and uh I think that uh I I i' really I guess what i' I I'd like
to be able to say that I'm speaking for the council instead of just for myself and I'd like to be able to talk to the city manager of marathon and I'd like to be able to talk to the county manager and I'd like to be able to talk to our lobbyists and our state
legislator folks and say put this on the September uh legislative agenda and let's get this off of dead center and let's start doing right for you know for us and and start collecting see if the tax collector the property appraiser can
start collecting taxes on this property so that we're not doing this for free so that's kind of what I'm asking if if I'm fine with that idea I think just for clarification for people that might not be aware those homes that are on 12T stilts are considered mobile homes and
so um and then I'm not sure that the property uh owner be it sun Outdoors or another one owns that property underneath so therefore they can sell those mobile homes to other owners and then they just put it into their rental pool right so so there's different
owners that might be on on each one or it could be sun Outdoors that also owns them so uh it seems to me that that they have a very strong lobbying Group which is maybe founder created this loophole so uh I'd be I'd be willing to participate in that just as a
clarification also they they still pay ground property tax I'll call it unimproved property but it's classified unimproved because it doesn't have a doesn't have a house on it a actual house on it according to the state law that's not a house I understand that um
I'm just making sure I understand the what they're paying in taxes right um but the people who who own the mobile homes or some of them are classified RVs some of them are still classified
RVs um just pay a licensing fee which is I don't know $100 a year maybe right um okay I just making sure I understand I said go forward I think it's something that we should look into agree yeah okay
okay thank you uh Steve regulations on fireworks you want to don't want to talk about it we don't have to discuss the empty seat anymore that's done so moving on July July date I was my page I was
going to do that I so you turn the sorry okay um Steve we got to figure out July's meeting with you so you and I briefly talked about it uh is do you want to move it to
when um yeah the only other dates that I could do would be the third week in July 2224 I mean is anybody can can can you do anything at all with two days in a row like the 8th and 9th the 7th and the
eth the 9th and the 10th or the 10th and 11th or I'm I don't remember what you said I'll be out of town from the 6th through the 10th or or 11th okay that's my issue so check your calendars is any
everybody okay with the then out would be the 22nd and the 24th you want to do that well I don't have a problem with doing that but then um no yeah but then we come back on the 5ifth and the 7th with another council
meeting yeah and have to do the agenda what any suggestions John um if you're H I will just say if you're having difficulty finding a date and it's getting pushed into another there are a number of jurisdictions that will not meet for a month in the summer or
sometimes December so I mean if you're looking at backtack mon weeks yeah um it's it's consistent with the practice of other cities if if that's um something if you're just not able to settle on a date I had the August dates as um as 12:14 in my count no it's the
5ifth and 7th okay and seven so oops maybe we maybe we can push that back so that we we have budget well that's what I was going to suggest is maybe maybe we maybe we move July's meeting to the end of the month and cancel August because
we have lots of budget meetings and budget workshops in August is that correct yeah and you also have the league of cities um conference in Orlando in August as well can I ask a question you please thank you um Jennifer where what is your schedule
show as far as our work that's our responsibility on our comp plan at that time of month in July and know you've got a pretty good tieline and um yeah we haven't um right now the only um requirements is through
March um we don't haven't had anything booked out through July yet for the comp plan so um right now whatever you plan I can work around and do you want to ask Anna oh good point she has no say right
now is there a problem with you oh that's do you this is Administrative you can talk anything in July for you and you have no life anymore so welcome so
what what do what do we want to do we want to canel July look I I it's y y'all decide I'm fine well I'll move anything [Applause] around well I made I made the suggestion to get rid of August to get rid of August and move July to the 22nd and
24th but that's I'm I'm cool with any of it I'm like Don I can do any of it so but thought a was our budget it is budget yeah but that wouldn't that wouldn't avoid the budget meetings that would only avoided the August in the 7th want to do that is that
agreeable I'm fine what's that we get rid of the August 5th and 7th so that's no go and we move July to the 22nd and the 24th Anna you're writing this down no but somebody is up there so we
got ites August 22nd and 24th and lose August mean July 22nd and 24th and lose August 5th and 7th is that agreeable yes ma'am yes everybody y Marne you got that John you got that you two pay
[Laughter] attention thank you everybody what good halit season in Alaska I'll go to Alaska in August got be back budget meetings you got budget me in in addition just because we've set this doesn't mean that we couldn't do a special call if we find
out that's got it correct if there's anything pressing or anything like that absolutely thank you okay Village attorney Village manager communication guys anything I have a I have a status update for you
than have a little presentation once it comes up on thank you so uh while it comes up I just uh wanted to do a little report to all of you about the status of the
comprehensive Plan update there's been some stuff that I've been hearing and seeing and reading about that you know we we hired them in September and they haven't done any work and that's factually untrue so I just wanted to provide a status update about the progress that's happened behind the
scenes and where we're going so that people can understand the work that's been happening so uh well first I just wanted to uh show you the uh logo that we've created for the comprehensive plan we're calling it blueprint for balance fora Morata with the um with the logo
that was created by the consultant so that was one of the first things that they did was create that logo for us okay oops so progress to date there uh key dates just to point out to anybody who's not aware in September 17th we had the
resolution um approving awarding the contract to Able City East uh the contract was then approved and for signature on your October 10th meeting um we then received the final agreement all signed sealed and delivered on November 14th so we were not able to
start any work until that happened so the earliest we could have started work was the middle of November um at that time you know we had conversations with staff we create we scheduled a kickoff meeting with staff which was held on no December 19th uh we had a a good turnout
with uh department heads and other key staff members and the Consultants to go over a timeline a schedule and just some basic information that they needed from staff other work that they've completed to date able city has been in the process of data
collection they have created a website plan is mira.com if you go to that website you can find all about what a comprehensive plan is the work that they've been doing who they are who all of our Consultants are on this project and there's also a survey uh there's an
opportunity for engagement there's a survey that's been started um couple weeks ago so I would encourage anybody to take the survey the first survey is a lot of demographic information and what your hopes thoughts and Dreams Are For The Village over the next so many years
so you know we're trying to get as much engagement as possible so visit that website and take the survey uh the village has provided able City with all of our GIS data and information so that they can work on start starting to create the maps that they need and the village has provided all existing plans
as well as contacts for those working on upcoming plans including our storm water management plan um our Wastewater plan different things like that so they have all of the contacts and the information that they need now to continue moving forward we've also scheduled a safe visit and the public
shet upcoming scheduled activities so tomorrow night the consultants and myself are meeting with the Isam Mara chamber board members um we're going to just do a brief who we are what we're doing and invite them to participate in the upcoming
shet uh they are in town next week the consultant for a site visit which will include a tour of the village we're going to go from one end of Isam Morana to the other Terry's going to drive us around on his little van and we're going to have a good time and then they're also going to be here
for a couple days doing some technical meetings they're going to meet one-on-one with the council members they're going to meet one-on-one with some key groups in the village um these are Invitation Only meetings um cuz these were ones that we wanted to con regulate and make sure that they got the
information that they need at first um then on February 18th they are attending the ISA marada chamber after hours event at The Islander Conference Center um we I talked with Judy and we thought that that would be a good event for them to meet a lot of different groups and
different people and get some information from different people and maybe connect with other groups that they could then speak to um and then we have a week-long public shet scheduled for March 24th to 28th um on the table by the agenda I put out some save the
date Flyers so if you have uh buildings or groups or organizations that you would like to take one and share it with please do so if you have places you want to hang one please do so if you need more I'm happy to share them the more people we have at this public sherat the
better it will be for the village of Isam marada this is what it looks like um there will be a public kickoff and Hands-On uh design session on the first night Monday March 24th at 6:00 p.m. that all of that whole week it will
everything will be in this room we reserve this room for the entire week um so everything will be here during the day it will be sort of an open Forum open session walk on in come meet the Consultants talk to them anybody's welcome we want to encourage as much of
that as possible they'll be here starting at 9:00 a.m. and they'll be here as long as you want them to be here and then uh Monday night we have the big public kickoff uh um then again they have the open design studio and then by Friday evening we're hoping to do a work
in progress presentation for the public again here in this room so that's uh the save the date again I'm happy to share that with anybody um and so I just wanted to provide my contact information I am the project manager for this project I want to make sure that any contact for this
project is going through me um I would ask that nobody reach out to the Consultants directly I want to make sure that I uh get the information to the consultants and we are keeping track of what is being asked and so that we know that everything is being answered so my
phone number is there my email is there please shoot me an email please give me a call um again the website plan Island mar.com um we're happy to answer any questions you know again we want this as much public participation as possible um
and again if anybody has an organization or a group that that you feel would be beneficial or interested in this uh we would be happy to talk to them and reach out to them um we're looking at uh nonprofits we've got a list of nonprofits we're going to reach out to
we got homeowners associations we're going to reach out to so uh please uh reach out to me and get me those names and numbers cuz I can only do so much by myself I need as much help as possible so I'm having to answer your questions about that I do have one other thing I want to sort of bridge off of this but
if you have questions about the comp plan I'm happy to answer them anybody no Steve no go ahead so um as some of you may know last night the LPA was supposed to hold a meeting um regarding the proposed uh ordinance for the transfer development Rights Amendments that we
have been working on this was a project that the previous Council had directed staff to work on um I think it was in March of 23 um and we have been working on it we've been working with Rebecca Jaton our land use consultant we've been you know trying to get this information put
forward um I understand there was a lot of consternation about some of the things that were in the proposed draft and also whether or not we should be moving forward based on the fact that we are working on the comprehensive Plan update so that being said before we move
forward with any other large scale amendments I want to find out from this particular Council if this is a direction you want us to go prior to the comprehensive Plan update want us to wait for that process and fold it into
that process I would like some direction from this Council so that staff is not wasting their time do yeah I think that would be best I mean we've hired this firm to do this so I don't think we'll have less confusion that way and and full input
yeah um I agree it would be best uh my biggest concern is that by the time we get the the new comp plan get it approved and back to us we're probably looking at 6 months to a year maybe
maybe longer um and to to grind the city to a halt on some of this stuff is is not good in my opinion so what I might
suggest because I fully understand that if we're doing a new comp plan that that we we consider what we think is the right that we move ahead with what we can um if it's not an urgent thing uh or
um time sensitive in some way that we do put those things off but whatever that we pass and just to point out because of the fact that they just had that the TDR ordinance that whatever we pass it gets
flagged and re-reviewed by by um able City when they when we actually get a comp plan in place and we update those codes but we need to move ahead in my opinion
Don yeah I don't think we need to stop forward motion on the village I I I do believe that uh we should uh uh certainly you know everything that happens uh goes through the process is Staff doing their review and then going
to the LPA and um and then coming you know to us so there's a lot of vetting that happens already uh able city is already involved in in um in what we're doing so they'll still see what we're doing to make sure
that it stays within that you know within those parameters and that vision and I hate to see things just grind to a Hal the TDR ordinance for instance um you may not be aware but that TDR ordinance goes back actually
into uh 22 uh that thing has been kicked back and forth and and started on and worked on and uh stopped by uh a a previous manager back in 2022 so this is something that's been
trying to move its way forward it's been written and Rewritten and withdrawn and done and um I think that I think it's a shame that we start in something in 2022 and not have it completed by now uh I understand that that uh there was a lot
of consternation at the LPA level and quite honestly at my my review of it um uh as to how it was put together and and I think we just need to U I need to be think we need to be careful Steve and not make mistakes that are going to
overlap in our comp plan but I don't think we need to just stop the forward motion of it so that's kind of where I'm at on it Jennifer anybody else I I do agree that we can't stop motion so do you have what you
needed than anybody else no okay public comment Marne okay let's see what we got here first up is Van Cadenhead evening van Caden H first off I'd like to uh commend uh councilman
Horton for bringing up the the uh Sun Communities uh problem that we've been uh facing now since hurricane Irma and I quite agree with him 100% on what he has presented and and I'm glad to see that
the council is uh behind the the motion to uh have it uh checked all the way to Tallahassee and see how this has occurred and see if we can claw back some of these taxes that we should have been receiving all along I would also like to thank the ISA
Mara Community Alliance who brought this to the Forefront uh in their newsletter and Sue Miller was instrumental uh point of the spear on this one uh she recognized what was going on and brought it to the council several times and uh I
backed her up several times and I'm really glad to see that the council now recognizes the the uh disadvantage that the vill has been put in by the overlapping of the various uh ordinances from the state and uh I hope we can
continue on that and uh bring it to a a fruition for the benefit of the people and I would also like to thank the planning department for uh getting the the uh comprehensive plan charet
scheduled and uh I would urge everyone in Alam marada to show up uh for that charet the weeklong charet because this is a very important time in Alam marada and we have to have um examination close examination of the
TDR ordinance which started off at the beginning of the village as the TR ordinance and uh it's it's gone through several uh uh we had years trans you know transmogrifications along the way and
it's resulted in um 400t motel rooms becoming 10,000 ft mansions on millionaires row and uh th those kinds of things ought to be discussed uh before we have any LPA recommendation to
the council and any Council vote on tdrs should be uh uh give the public an opportunity to comment on the the density and intensity and the square footage allowable with each EDU
because you're taking a a motel room from the creek side uh which is you know 400 feet and taking it down to The Islander and making it a a cottage on the beach with 56 units and that's of
available to be done because of the present TDR ordinance I think we should stop uh and and examine what we have done in the past and what we're going to try to do in the future so I would I would urge you to if you're going to
continue on to continue on uh advisedly and cautiously and with the the the understanding that uh it's going to be thoroughly yes thoroughly vetted by uh able cities thank you very much Marnie next up is Dr Harold
dton hey folks just briefly I want to reiterate my uh recommendation on finding a mechanism to break a tie it it's just got to be part of how business operates in these committees and number two and I want to thank the mayor for bringing up the two subjects earlier um
$110,000 for Christmas decorations and charitable giving that's not the role of city government folks um you know think about lowering our taxes before we start spending things like that thank you thank you thank you so much morning next
up is Joe wishm yes Joe wishm plation key mayor and Council I'm here tonight to try to straighten out some misconceptions apparently some people including some council members are misconstruing citizens legitimate concerns for just complaints and criticisms we would love
to give out more congratulations and attaboys but sometimes that's often to swallow when you're making real difficult for those of us contemplating our fragile environment and added traffic concerns I implore you to help us give out complaints regarding some of
your decisions for example I would like to compliment Mr Horton for looking into Legoland I mean Sun Country about paying their fair share of taxes since they expect the use of The Village's public services including fire and police
departments I've been arguing this case for years and was taken back when Mr stated that when he started looking into it he was told that no one had actually inquired up north around the Tallahassee area about this before my research uh
has come up with the same thing that Mr Horton did that there are com their different ordinances if legislation is required I hope that you will follow through with the lobbyists to ensure the village collects the millions in property taxes that we have lost I would
also like to call into question the scheduling of tonight's meeting in the past Tuesday meetings were labeled regular Village Council meetings and Thursday meetings were labeled land use Village Council meetings that meant that Village business on Tuesday and land use
on Thursday tonight's agenda has two quasi judicial hearings involving land issue Thursday's meeting is titled now continuation of February 11th council meeting if needed last month this Council decided tonight's schedule was
too busy to put something as important as filling an empty Council seat which was required by Village Charter maybe scheduling quasi judicial land use as on Thursday would give you more time on Tuesday meetings to discuss many issues facing this Village there
are many many issues besides those including land and development let's take the time to discuss those projects that affect everybody's future like sewer the fills bus stops just to name a few we all need to use all of our time
wisely and efficiently thank you thank you Marty thank you J next is John Wallace thank you John Wallace for Plantation key um I'd like to address address the council about the council and um I typically watch this on TV but
I've noticed something over the last few meetings particularly the last meeting that I found disturbing I don't know a lot of people here but I know you have some regulars that come up and speak and it's obvious that they aren't they aren't always not that they're not appreciated
but they can sometimes be contentious with the council and Par particularly at the last meeting um I want the council understand that we can hear you on TV that I don't think people can hear up here in the in
the audience but you can hear it on TV in the last meeting when some people came up and talked I heard sighing snickering and mumbling under your breaths for when someone was talking to you someone that I think the council
didn't agree with I think that is um very unattractive for the council and I'm requesting that when you invite people to come up and talk to you that you pay attention and be respectful
and I know it's difficult I I know how it is to be on a local board like this and you feel like everybody's coming to attack you not everybody but a lot of people you know it feels like an attack maybe but they're expressing their opinion and it's important to me as a taxpayer that I can express my opinion
and not have to worry about whether the council while I'm talking is sighing or snickering at me while I'm doing so so I'm asking you to be mindful of that and to just treat your your uh your your fellow towns people here with respect
thank you thank you Marne thank you John let me double check on Zoom but I think that's it yep all done all done okay public comment is now closed uh next is consent agenda we're pulling them we're pulling one for okay yeah
we're into the consent portion of the agenda these items are of a routine nature and council members have uh reviewed these items in advance and sought the advice of Staff as they felt necessary there will be one vote on the consent items which today are items 4 6 7 and 8 if anyone would like to pull an
item from consent he or she should state so now other than five okay I already stated I want to PO five so okay okay so uh um do I have a motion for the other part of the consent agenda
is there anybody want to say anything move to approve I'll second okay um I guess we do public comment public comment Mar yes B Caden head okay i' like to speak about the library
bathroom um I think it's uh I I believe that uh Mr Freedman hinted on the head $110,000 for for Christmas lights is is the bathroom project and uh I appreciate that we need that and we need the uh
facility down there and it's a great facility and I I hope you approve it tonight but uh keep in mind that that's a lot of money and it's a lot of money for Christmas lights and we had a two we had a three-year agreement that uh uh
Henry got us into that that was like $100,000 a year for three years that we've been into and I don't you know it's been slightly uh to be to be sarcastic it's been slightly over done so uh I hope that that we can get some
sense into that and and save some money for worthwhile projects like what's going in at the library thank you very much thank you van Marney there's no one else sign up okay so Deb do we vote first or does since you just have a comment do you want to
no you would you would vote first and then we'll take tab five separately so do I have a motion you had a motion so Mar call the role okay vice mayor Don Horton yes council member Deb bis yes council member Steve fredman yes and
mayor Sharon Mahoney yes the motion passes four to zero so can we do tab five now yep okay so um let me I'll read the title first sorry tab five is a resolution of Village Council Vi Village of violence Florida approving Amendment
one to agreement kg 002 between the State of Florida Department of Environmental Protection and the village related to the Florida Keys stewardship act funding authorizing Village officials to take all steps necessary to finalize the implementation of the terms and conditions of the amendment authorize a village manager to execute the amendment in providing for an
effective date so my my comment was that this is concerning the lower mat lower mumi Canal covert restoration project um it's related to clean water and um staff
has done a great job and the council's in the past now we are up to slightly over $4 million in grant money to do this project and we're still finding money it's a $5.2 million project uh but
there's other ways of paying for it besides the the 4.1 that we currently have there's um other money that we have but it's all grant money it's not coming out of the citizens Pockets to get this done that's I just want everybody to
know that we got a $4 million Grant to work on this go ahead Don I I kudos to to Peter for the work that he's doing in there this this this covert is going to go from the iroy canal over to the canal that is up by
safety Arbor it's going to allow water to flow from the ocean to the to the bay and clean both of those canals that are dead in canals it's it's grant money that we're getting for this and it's just that the next step that we continue
to do in alamada to to clean our Nearshore Waters and I Peter this is a wonderful program and and thank you to the uh Boy Scouts as well because they're letting us go onto their property and actually pick up where the
Directional Boring stops and the trenching starts and trench through their property to to make this happen and and it's just a really good thing that the the the Boy Scout and the community got behind so Peter thank you very much and and and we ought to be you
you ought to be really proud of this yes see anything motion to approve second second go ahead would you call the uh public comment first oh oh sorry has Mar are any public comment I
don't have anyone signed up for this oh excuse me we do have a hand up on Zoom okay okay uh caller on the iPhone go ahead and unmute you have three minutes hi it's Robert Moser lower mumbi key Property
association and thank you very much Council and Pete fza for getting this through it's something that we thought would never happened it's been going on for I don't know uh decades since it was written into a pamphlet that a series of
culverts connected to our canals would help flush them out so on behalf of uh our association we'd like to thank you very much anyone else thank you Robert okay so now Marne would you please call the role council member Steve fredman
yes council member Deb Gillis yes vice mayor Don Horton yes and mayor Sharon Mahoney yes that motion passes forward to zero and great job Peter seriously okay moving on to tab nine nine yes go ahead uh tab nine is a resolution of the Village Council of Al Village of
violence Florida approving the final rankings and recommendations of the RF of RFP 24-19 evaluation committee for selection of a contractor for the lower mumi canals Culvert restoration project authorizing Village manager and Village attorney to negotiate agreement or
agreements for the project authorizing The Village manager to execute the agreements authorizing The Village manager to expend budgeted funds and providing an effective date Mr frza would you come up please good evening Council and thank you for that so as you are aware The Village has been moving forward with the
canal restoration project to install these Culver pipes under a number of roadways on Lower m to connect the dead end the whole dead end Canal system on lower the southern part of lower mumi we've been in the planning design and permitting phases of this project for four years uh so we're
now at the point where we're looking to secure a contractor for the construction of the project uh we did put the project out to bid uh with a request for proposals in late October of last year uh that was RFP 24-19 we received two
proposals uh on that RFP uh the eval uh an evaluation committee was appointed by The Village manager uh to review and rank the two proposals that was completed uh those two proposals came from LPS and Adventure environmental
Incorporated uh the evaluation committee found that both of those proposers were highly qualified to uh provide the services to complete this job uh the total cost uh proposed by LPS for this work was $8.99 million
uh the proposed cost from Adventure environmental was $5.2 Million I should note that we did have a Engineers opinion of probable cost completed before we issued the RFP and that cost was
5.37 Million so Adventure environmentals bid was very close to the engineers estimate even slightly under so the the evaluation committee did rank Adventure environmental the highest and we are recommending them to perform this uh
construction project for us so the resolution you have before you this evening that does approve the evaluation committee's recommendation of Adventure environmental and it Al also authorizes the manager and the attorney to execute agreements uh with or agreement or
agreements with Adventure environmental at a later time uh we don't have an agreement here before you tonight that'll come at a later meeting once we finish the negotiations uh hopefully with Adventure environmental and staff is uh proposing uh recommendation to
approve the and adopt the resolution and thank you happy to answer questions any questions Deb Don it looks like you've pretty much found the funding for all of this and your application of the D is uh is in works and we're hopeful that the
DP stands by in this so uh I'd make a motion to approve well have Steve do you have anything you want to say I'll second okay do we have to open public comment up yep see is there any Marty no there is not okay so we have a a first and a second
would you call the role please council member Steve fredman yes excuse me vice mayor Don Horton yes council member Deb Gillis yes and mayor Sharon Mahoney yes the motion passes four to zero thank you Peter thank you
Peter again good job good job okay okay moving on to Tab 10 uh I believe that's you Jennifer yep it it is let me read the title uh it's a resolution The Village Council V Mar Village of violence Florida approving non-residential building permit allocation system rankings and awarding non-residential
building permit allocations for quarter 4 of 2024 and providing for an effective date good evening um I'm here this evening for the approval of the fourth quarter 2024 non-residential building permit allocations pursuant to Village code section 30475 The Village Council
is requireed ired to act after reviewing the building permit allocation system evaluation report pursuant to the resolution 24- 05-30 a total of 20, 261 ft of non-residential floor area was available in
2024 additionally 15,928 Square ft that had previously been allocated was returned to the Village leaving the available total at 24 there is one application for non-residential bass in the queue awaiting an award for quarter 4 the
proposed resolution approves that non-residential building permit allocation system ranking and award pursuant to the comprehensive plan policy 1- 3.1.1 one and Village code section 30476 non-residential applications were
evaluated scored and ranked according to the criteria outlined in the village code section 30476 one application for the non-residential B pass category is recommended for approval and identified below the total non-residential floor area requested by the application is 256
sare ft if approved 35,9 34 ft of non-residential floor area would remain in the bass allocation so to be clear the applicant is um L Islander LLC The Proposal is for a tiki hut on their pool deck and it's again uh totally total
flow area requested is 256 Square ft uh that would be approved if approved this evening um happy to answer any questions Council Don man Deb Steve so the 256 is going to be taken
out of the 36190 correct right and we haven't done that since when uh the last I was in 2023 I don't have the exact quarter but the last one we issued the last one we Grant to was in 2023 and and nothing else in the queue for that uh not that
I'm aware of I haven't seen one okay all right let's go ahead and open up public comment we have no one signed up for this item okay I make a motion to approve I'll second all right Marne
would you please call the rooll council member Deb Gillis yes vice mayor Don Horton yes council member Steve fredman yes and mayor Sharon Mahoney yes motion passes part to zero thank you okay
moving to tab 11 tab 11 is the resolution of the Village Council V Mar Village of violence Florida approving the appointment of Alan Cohen as interim uh Village manager approving and authorizing execution of an employment agreement with Mr Cohen for services as the interim Village manager and providing for an effective date um counc
I also um uh the uh proposed uh interim Village manager agreement was uh circulated to you all um uh uh uh recently it it was after the uh the deadline um but I believe but the public um I believe the public uh agenda has
been amended to include that as well um it includes everything in it that Mr Cohen uh has is seeking uh to serve as the interim Village manager um he worked primarily with my partner Allison who is uh is on Zoom today uh um we talked
about her being available should you all have any questions of her um related to the agreement or the discussions with Mr Cohen okay um Council anybody want to start um Don
Deb you know the um the other night when we voted on U going through this I wanted to see what the expectations of was Mr Cohen and um and what it was going to cost the village to have an interim manager uh after looking at what
was I guess negotiated uh although I don't know that we necessarily negotiate we we listen to what the person's demands are and and it's up to us really to negotiate you all make sure the terms are correct and
legal and legitimate but not necessarily argue with them about you know how much they want or um you know how much per DMS they would need or or or the the money that it would cost in order to have them do that you're doing the legal
side of the world right yeah I mean in this instance primarily yes I mean because of the short turnaround if we if we had a little longer turnaround there might have been a little more ability but with such a a quick turnaround um we need to get at least get something in front of you uh that so we know what
he's seeking uh and so you realistically know what uh what the village would uh uh would be the contract would look like with it which was kind of the reason why I you know I went along with everybody and said yeah let's go on and negotiate this after looking at what the numbers
are actually are and and realizing that we have somebody completely capable and confident to continue doing uh the fill-in job here and be our inam manager uh that it would take away away staff time to try to bring somebody else up to
speed and to get them to know even how to be an interim manager in alamada um I I just think that and that that's certainly one thing that we didn't get to do last time was even here from Sheila you know uh we
we kind of went right through that so first thing I'd I'd like to say is my position at this point is I would like to keep Sheila where she's at I I would like to not have disruption for the staff I would like to see Sheila continue to be our our interim manager I
would like to save this Village a lot of money between what we're uh currently paying Sheila to be the the fill in gal or the Ina manager and not hire somebody coming from out of town that we're going to have to pay
in an enormous amount of money with realizing that uh really uh we're we're even getting a double dip on this thing because um Sheila's still our building official and she's still being paid out of our building fund so we're actually
taking not taking that much money out of the general fund so I'm I'm here to listen to the rest of y'all but my recommendation and I I don't until I hear from y'all I won't make a motion but my motion would be to hear from Sheila and
then have her just continue to be our in manager so step back Deb Steve go ahead got it go ahead Steve oh come on you guys
okay so um I think Sheila is very qualified so don't take anything to heart um I think we have lots of important things coming up
that that a previous manager um in some big cities big areas has got experience with that that could help us I I think that the fact that we
have the comp plan that we're working on and and I know Jennifer's got most of that but it's pressure going on and things happening uh we've got uh the Federal grant money um the fqp money
that's needing to have some attention because uh they've extended the program by 100 million do and we need to get our share um uh there's State funds that's being reallocated that we need to negotiate to make sure we keep keep
getting our share uh we have the search for the manager that um um a manager that had an interim manager that had several years of experience as manager may be able to help guide us um and find some ideas for
us um the fact that he um said that he didn't need or want the housing allowance um he's trying to work with us on this
um I I I don't think that the manager's search is going to be as short as we'd like it to be and I would just be more comfortable with um Mr Cohen
Steve I tend to agree with uh Deb um wholeheartedly I really don't have much to add it's a little bit sensitive because I think that Sheila is doing a great job but I think at this stage it's important to get in someone that does this for a living to help us through this process um and uh and have someone
that can really um uh concentrate on on that work and let Sheila do the work that she does in her Department that's already um you know uh trying to do whatever they can and and I think that her being in there is the most important
position for her okay well I hear Mr Dalton you're right now because I agree with Don I want somebody who's physically here and he wants to do a lot of this remotely that's a problem for me the amount of
money is also a lot of money I I I think Sheila I would like for you to tell us are you okay yes I am um my intention when I um volunteered was to bridge that Gap until
we got a permanent manager I weighed all the options uh where I could spend my time how I had to spend my time and um my staff is fully capable um I will still be here for the maybe very hard decisions that might
be might need to be made on the um building department staff but it runs pretty smoothly um as far as some of the things that um councilwoman Gill is brought up um I have worked with gray Robinson and have gotten all the
appropriation paperwork um to them for this legislative session um the F equip uh staff has been working um with that meeting as well um so I'm trying I'm staying on top of these items whether
you may know that or not you if this was a permanent manager we were interviewing I'd be looking looking at this differently but uh um I don't see where the time is going to take him to get up to speed the fact that he does isn't
doesn't want to be here all the time or at least he wants to work remotely I have an issue with that and um I am with Don that we stay with you and just keep looking uh I think did I talked to Jamie and I don't know if she's watching tonight she's on okay about um how the
search was going and if we have utilized every we can to get the manager search out there so would you like that that was a question I was going to pose to uh Council as well is do we want to go
forward um with we have actually three pre-qualified um candidates for the manager's position um do we want to move forward with both three or do we want to leave it open for a little bit longer do we want staff to maybe move forward with
some maybe cold calling um and in the meantime the RFP um is out and it closes at the end of the month um we can go February February 28th yes it closes um then we can rank those uh and at that time maybe we see maybe we have some
more we can move into some cold calling before we actually move into a contract with an executive Search firm Don so that's one of the good things that we have and the advantage that Sheila has with us right now is Jamie and you brought her you brought her up her her
her many years of experience in in HR and um I think that uh Jamie is quite capable instead of us going out to a head hunter which hasn't really done us that good in the past and have our staff uh uh under Sheila's direction if if
that's approved uh to have Jamie start doing those cold calls uh which is the same thing the Head Hunter would do y uh we advertise in the same places the head hunters would yep and um and ultimately comes back to us anyway uh so I I think
that we're we'd be in great shape if we did that Deb you want to say anything um yes go ahead yeah I just not sure where I want to start first of all uh on on looking
for a permanent manager I I I personally would like to um see the applications that are coming in that that have been vetted to whatever degree that that the staff finds necessary um but I I don't
want to get 50 at a time I guess is my point is I'd like to see them peace meal out to us and so that um we're all working folks we can arrange that yeah I like that yeah we if we got them and we're looking if we got them and looking at them then then instead of we getting
a book with 50 or whatever in it and and we have a week and a half to look at it got it you probably would like that too yeah um so that's my thoughts on that and I do I do I would like them to do as much as
possible I really I'm not all that crazy about going with a head hunter but we need to be able to find the best candidate possible and um so yeah if Cole calls uh to reach out to other cities or whatever we're
doing is fine with me um as for the interim manager I just I just believe that that um after speaking with Mr Cohen I wouldn't have said you know I talked to five or six of the people that were
on that list and there was a couple of them that I would go oh no uh but somehow Mr Cohen made a a different impression on me and and that he would be he would be helpful in US finding a
manager that we can live with for more than 6 months I just and that um yes of course it's about money but it's not always about money uh we've
already been paying this um and I I I just think he has a lot of qualifications that would help us move forward uh I am very pleased or to know because I didn't
know all of what you just said Sheila and I'd like to hear more about that but uh some of those the fqu stuff and stuff um that's that's that's important money and for a long time we've received
anything from2 to3 million a year from the feds and uh and um we just had an item in front of us where we've gotten it's it's been peace Meed out but we've gotten $ million from some of those and
those are important things to not let fall and I'm not saying that you are I'm just saying that it's there's lots of moving Parts on the table and I just believe that Mr Cohen's from South Florida not originally but he's been in
South Florida a long time so I think he understands South Florida better than than um some of the other people that we've talked to um I'll I'll be quiet for a while okay Steve anything else um I just add that it seems like
this was the process that we all agreed upon in the first place to look for this inter room manager through the league of cities we found someone that is exceedingly professional he uh lives and runs in those circles and I think that's going to be a tremendous Advantage for us to find a competent Village manager
and uh because we're already finding that we're having difficulty whether it's hiring a a head hunting firm or or getting applicants in so uh you know I I stand by what Deb says I I really think that Mr Cohen would do do a fine job I
move that we table this until the next meeting uh we don't it's no there's no urgency on this and and we'll have a fifth council member that we can not have to sit here and go through another time I should open General public comment before we do this well if you're going to move to continue it you don't
need to because we'll we'll have the discussion at the March meeting but so there's a motion on the table to continue to March I I will second that but the paperwork that we wrote said that we had to have a a date by February the 28th
and yeah well all of that needs to be readjusted and Mr Cohen reached out to him and make sure that exactly those are scrier things that we can adjust and deal with and and you know make sure that it's still on the table with with Mr Cohen as well okay all right and in that case I'll second the and would Mr
Cohen have a chance to also to do what reply and reply to what well to participate Mr is on Zoom right now yeah absolutely I would hope he would yes he is on Zoom right now does he have anything he'd like to say he has his
hand up so I presume he does you want she to speak yet you I'm sorry it's your call can can we hear from Mr before we move these two are having a conversation so I sort of go ahead let Mr Cohen speak okay Mr Cohen go ahead and unmute
and you're up uh good evening everyone um I I'm on Zoom tonight uh primarily to make myself available for questions um mayor the one and only thing that I
wanted to comment on was um uh a possible misconception that I want to primarily do this role remotely that um is not the case and I'm
sorry if I was responsible in any miscommunication along those lines as I spoke to the legal staff and explained to them um my my intent is to be there as close to full-time as I can there are weeks
that my wife travels for business and those weeks uh would be more limited uh presence but other than that um my not only intent but my desire uh is to be uh
on site um so I just wanted to clarify that one point other than that uh unless you have any questions uh I'll I'll be quiet thank you very much and does anybody on the council have a question for
him uh Mr Cohen it's devb Gillis um I'm not sure it's a question thank you for bringing up the remote because I did reme I did mean to speak to that and ask if any conclusions had come to because our our um Communication in our book is
left blank yet um so just to clarify that you would not intend on doing the majority of the work from remote work you would intend on doing the majority from
inhouse absolutely yes it's my intent to work as often as I can on site uh and and my one and only consideration is making sure that our children have at least one parent in the
household um as as long as my wife's not traveling I'm I'm Yours of as as much as you want yeah I don't think we're offering babysitting Services [Laughter]
sorry um thank you Ken thank thank you for clarifying that because I that that is an important Point uh because that was also what ruled out some of your other colleagues on that piece of paper is they wanted to do it all remote and
um I don't think we have a city that can do that we have a lot of um contentious things that needs to be Hands-On pretty much thank you any anybody else I'm just afraid by tabling this it sort of
adversely affects Mr Cohen and and his scheduling what he needs to do and get things in place so I'd like to see this move along well um public comment wait a second you guys done can we have open public comment or do we if we're tabling it we don't yeah if you're continuing it
you don't have to okay so then I we had a first and a second so I would have Marne call the role and then if it doesn't pass we'll have public comment correct okay correct Marne okay council member or excuse me vice mayor Don Horton yes council member
Deb Gillis yes council member Steve fredman no and mayor Shar Mahoney yes the motion passes 3 to one okay so um I guess we move on to tab thank you Mr Cohen for joining us this evening yep
yep okay when is it being tabled to excuse me the it was to table the um motion was till the March meeting so March 18th is the the next meeting okay okay can I can I ask one question before we move on certain um the applicants
that we already have the three that we have do you do you want um HR to send them to you for review at this point or do you want want to wait till we have a few more I would say feed them to us as you get them that way it's not Circ make sure they're qualified and get them to
if you would please thank you sh you okay with that Steve we can start studying them now right yeah that's fine awesome thank you thank you okay moving on to tab 12 then I believe it is correct John yes uh we're into the ordinance ordinances portion of the U agenda tab 12 is an ordinance of Isam
Mara Village of violence Florida creating chapter 4 animals of the village code to adopt regulations relating to animals and animal owners providing for the repeal of all code provisions and ordinances in consistent with this ordinance providing for severability providing for codification and providing for an effective date um
so I'll get into this because you guys are probably saying you know where did this come from so um really what this item is seeking to do honestly is to maintain the status quo so presently The Village does not have an Animal Control
Ordinance Monroe County has an Animal Control Ordinance which applies within the Village um because and the reason why it applies is because we have not enacted our own so the county since since we have not filled that field uh you know the county can come in um the
applicability of the Monroe County Animal Control Ordinance was recently challenged in a court case um where there was a uh a complaint lodged against someone for violation of uh the Animal Control Ordinance and um it was
brought before the county court judge and the Court ruled upon that the applicability and did in fact say that the um Monroe County Animal Control Ordinance does apply within the Village um I understand the defendant in that case has filed an appeal um so that
issue it's settled as of now um but obviously anything that's on appeal could be come unsettled or or could could go the other way so in an abundance of caution since uh this issue was raised and could potentially if if
the defendant were successful could potentially leave the village without an Animal Control Ordinance and without Animal Control um we we brought this uh ordinance forward to uh ratify the applicability of the County Animal
Control Ordinance by creating this uh chapter 4 in our own code which matches up with chapter 4 in in the county code um so you might you again you might ask why are we doing that there's really two scenarios that depend on the outcome of the appeal number one honestly so if the
defendant's unsuccessful so if the appeal they appeal the the appell at court says no we agree with the tri trial court then frankly the County ordinance still applies and this ordinance really is just duplicative so it's really it's really of no moment
whether we did it or or didn't but the the downside or or the potential issue for the village really comes in is if the defendant is successful in that case like I said the village would have no Animal Control Ordinance within its jurisdiction so what does that mean that
would mean that um animal Monroe County Animal Control would have no Authority here uh regardless of what the issue is I know that um you all have been talked to about discussed about chickens but this isn't just limited to chickens this is animal control so this is dangerous
dogs this is I mean this is the entire ordinance this isn't just just chickens although I will admittedly chickens were the issue in in the the the case that brought this about um uh so if the county if the village then wanted to have animal control again this is if the
defendant is successful we would need to create our own ordinance uh we may need to employ our own animal Control Department um or uh potentially uh contract with someone to do it um because it's I'll say it's unclear at best whether the the current County
Animal Control um would enforce a Isa marada specific ordinance um under their contract with the county um and if they don't I mean that's all part of an agreement that the animal control has with the county so if we don't fit in that agreement we can't we we don't we
don't do it or if they say listen that's outside our jurisdiction we're not we're not viewing it in that within the contract we need to go get get our own so um you know again it's really just to try to maintain the status quo because the County ordinance has been applicable
here for decades um it's just you know whether somebody complains or not is is is the issue of whether or not it's actually implicated so if we have no Animal Control Ordinance um it would really have wide- ranging impacts um like I said I understand that people are
here to talk about chickens but this is is more than chickens this is you know animals like you know an aasum raccoons I mean things like that that that you know are covered under the Animal Control Ordinance we'd have no way if the Animal Control Ordinance goes
away we'd have no way to help neglected or mistreated animals um we'd have no way to deal with animals suspected of rabies um there'd be no restrictions on animals running at large on people's property um because that's all built into the Animal Control Ordinance and if
it goes away then all of that stuff goes away so I mean there's still you know Criminal prohibitions on things things like fighting um but you know we lose restrictions on things like dealing with dangerous dogs um so again that's
why we brought this before you all to to try to ensure that there's no interruption in Animal Control regulations um if the court ultimately does rule against or the appeals court ultimately does rule against the county so and we've been working with the County attorneys on this County
Attorney's Office on this to see if we can build in any local exceptions um like chickens for example um and you know because we you know listen we are our own unique municipality we're not the county we're our own unique area but I don't have an answer to that yet um
you know working with them and we're we're trying to see if we can build that in where it would still fall within the county contract and we could still have it um uh you know have it uh apply and and have you know our local exceptions dealt with uh but in the meantime you
know we need to make sure we have something so you know this was at least the the the first best effort to make sure that that the status quo stays that we don't have a gap in animal control for for anything um and if we are able to number one make
any local exceptions we can bring back an ordinance that makes exceptions and you know and we can still hopefully fall under the county uh provision if we're not able to then obviously that's a policy decision that that the council would need to make if if it says listen
we don't want to follow the the the Monroe County code we want our own okay but you know we'll need to you know the council will need to understand that means we may need to employ an entire animal Control Department or contract with somebody to do that I mean they the the county has the shelter the county
has the contract we don't have any of that stuff so again this is it's not just about chickens I know that's what has kind of prompted this to the Forefront it's really about making sure we don't have that void where there's no regulation on Animal Control um and so
that's that's what the the intent of this uh this is is is to to make sure we have that and make sure that the the services that the Monroe County Animal Control provides uh are still available to us okay than so
um do we want to have a discussion first or do we want to open public comment what do you guys want to do have a quick discussion I was going to say you want to do public comments first and then come back to the table go on Steve yeah
I first of all I think this is a first reading so nothing that happens tonight is is set in stone right correct it's the only honestly on first reading the only thing it does is it just moves it to Second reading right yes um you know I said this in the briefing meeting this is this is a a rural community uh we've
got our our our fun little quirks and habits um I I'm I'd say I'm a little bit hesitant to adopt this code uh I don't seem to know of really any issues that have deemed the necessity for the county
to come in matter of fact I would be I'm sure Roger young could help out getting any Mad Dogs out there cuz he they'd probably scare he' probably scared the dogs so uh I just I'm a little bit hesitant of adopting this ordinance I'd love to hear from the people and everybody else what you have to say I'm
I'm I'm not glued to any side go ahead I'm down with you on that um I I um I've been brooding over this all day aren't you funny exactly and and and I don't want to run a foul with the
folks that are in this Village exactly but I'm not going to chicking out on this one either no we're other we um look we are you're exactly right we're a quirky Community there's there's people in this town that love
their chickens and um and so uh as I kept getting phone call after phone call after email after text today thanks to Craig um um I I I I went on and called the County Administrator and I asked the
County Administrator if you know there's we're getting a we're getting a service that we pay for just like our property appraiser a tax collector the Circuit Court those things that the county is is brought in animal control and and we adopted the County's code
uh as our code until we amended it and uh um and so we we still have a code if we don't have this code right now right not as it relates to animal control because that came after um the current uh the uh Monroe County Animal Control
came in 2006 we adopted it as of December 31st 1997 but didn't it already have a code on Animal Control it's just that they changed the code to include chickens at that point but there there
was a code provision apparently in 1979 that I have not been able to get my hands on but as I understand the argument that was made um by the defendants in that case is that the Monroe County code does not apply at all okay I have in the in the paperwork that
I have seen on in the docket I didn't see a distinction between um whatever the code was in 1979 and and again I haven't even seen that code despite trying to get a hold of it and and the 2006 code but at this point the judge ruled that we are underneath that code
correct okay correct so assume that at this point the judge is right and we do have a code and it is an animal control code and we are subject to the provisions of that code at this point absolutely right now the the the current Monroe County Animal Control Ordinance
applies and is enforcable within Isa marada according to that judge order so I I think after my discussion with the County Administrator with her being open to doing possibly being able to do a
carveout for Isam I I would like to see if if uh Sheila as our interim manager can work with the county and see if the county can talk to kilargo animal control who's a contract employee of the county and see if we can do just a car
value that's just for chickens and um and if we can reach an agreement with the county then we can we can continue on with having the County's Animal Control taking care of all of
those other rabid animals and all of those other things that may be a hazard to us and they just not bust people for having cage chickens in their backyard so that they can um enjoy their chick I
actually got an email from a lady today that got a certification from University of Florida to be an urban chicken certified person she's that serious about having her chickens and and and so
I if that's if that's okay I like Steve says I think we ought to just keep going with what we've got right now while we're working with the county to see if we can we can work out something I don't want to lose Animal Control I don't think we need to have our own dog pound
and our own we don't need to start hiring uh you know people and trucks and more staff in this Village but I think that maybe there's something we could work out with the county yeah and and that was why I mentioned that I've been speaking with the County attorneys about
I don't have that answer I mean our next if our next meeting is March 18th I would anticipate that we would have an answer before then um so honestly what I what I what could be done and what I would ask is if we if we approve this today on first reading and I and I understand what you're saying it might
you know if we can't you know depending on what the answer is it might not pass or on second reading it might pass with a an amendment carve out that allows for uh chickens within the Village um I would assume not roosters that's usually people don't like roosters we want
roosters right um you know I I what I can do is if we can I can present you all with language for a car valve um that would be would allow for chickens if we are able to if we're not then I can report back on second reading we're not able to for whatever the
reason are and then you all can make your decision as to whether you want to um approve it on second reading or not uh if if we're not able to carve it out will you take eggs as payment for doing that work absolutely at the price of eggs heck
yeah I don't know that may be over the dollar limit so so actually I would at least like to to um pass it on first read uh with the idea that if if we can't work something out because I have
lots of notes and I've talked to the those people also or at least texted back and forth with them um and we are quirky and that's part of what the keys is all about and especially Isa marada and um there's there's things that we
need to do but I in at the end of the day I don't think that we want a animal control division um so to pass it on first reading until we get some better answers
but to push towards trying to negotiate something that we can have a carve out for Isam marada or do our own ordinance and they'll and they'll support our own ordinance um whatever the right term are
in that um I I think it's I think it's important that we do move ahead I have had um I have had Animal Control out a couple times on my property for uh dog bites and they weren't big dogs or mean
dogs or rabid dogs but I needed somebody to be able to help with that I can't do that and it's not the police's job so they they and so it it doesn't happen often I don't
believe in is Mora but we do need that ability um for the fact that we have never taken that control um or taken that step to at least say yes Monroe County you are
going to be our provider for this um I think it's important that we resolve that it's been going on a lot of years [Music] um the basic things that I would like to see if we can get this done is that
backyard chickens are allowed and that there's no roosters and that they have to stay home uh that they can't roam free and maybe something about that we can do something about the ones that are roaming free because they're starting to get out of hand well that's the thing
that the county doesn't do though I know they're running free they don't care it's when you're actually taking care chick when you're taking care of it it doesn't make any sense it doesn't make any sense at all yeah and um I don't I'm not sure that it's not because of the
fact that it's a county contract that it shouldn't be the County Administrator talking to the uh provider as opposed to Sheila I that's why I asked that Sheila talk to the County Administrator Oh I thought you asked talk to no ma'am talk
to the county John do the legal side Sheila do the administrative side and see if we and also if there's if for some reason we can't do a carve out we can also I mean Sheila and I can also talk to them about maybe the county amending their code to allow for chickens and then if we can't do the
carve out then okay maybe the answer is let's allow chickens throughout the county and I I don't know what the answer is for that but I'm just saying that there we will pursue every option I will Shar Shar is the one that's had a really long relationship with that animal control yes I have so I think
you're expt the words that I Heard County the county doesn't wasn't really enforcing the chicken ordinance and it it is about chickens but it's not Madam mayor uh that they weren't really enforcing it and that um
this all came about because there was an actual complaint which is sometimes the way the code reads is that it's enforced when there's a complaint not as an active um status so I personally would like to pass it on first read
I would like to hear from you but before we um we hear it I'd like to hear from you and then the public before we do that um I do have a long history with animal control for what I do as my I guess my therapy my cat rescue and uh um
Marsha is and I know she's watching and I had a very long conversation with her this past Saturday not as and I've been talking to her about it she is the here's a good good one ruler of the roost where no one she does make rules
really full of it tonight she does make the rules and she does not not want chickens and she basically told me if we do not do what Monroe County does as far as the chickens we can build our own animal shelter we can have our own
animal controlled and she'll just bypass all marada and she does have the ability to do that having said that I have been a able to reason with her on other things and um I would like you to have the ability but this conversation is not
just with that woman it needs to be with Mara as well because she is the person who does make all the rules and she might be an employee but let's just be honest she's been there over 27 years nobody wants that job it's a horrible
job I have spent many day at that uh facility doing our own spaying and neutering and bringing injured animal in there and no one really bucks what this woman wants now will she Bend maybe it's the way you approach her and um so um my
thought on this is and Ty is a very good friend of mine and we've had this conversation if she says no I'm sorry it's going to be no because unless you guys want to get fitted for animal control outfits uh we're going to I know and so if she says no so I encourage
Sheila to not only talk to the County Administrator but you need to involve Marsha in it as well I think the County Administrator needs to talk to maror should either or I'm just saying you need to include her because whether or not anybody wants to admit it what she decides is going to be what happens no
just telling you but at the end of the day because we I think I'm hearing this correct we don't want animal control we're going we're going to end up doing what Monroe County does yes ma'am at the end of the
day maybe we can convince them through Mara whatever you know but to change their code if that be the case well well no stop this but maybe whatever but because of that it doesn't hurt to go
ahead and pass this on first read because we're going to do it one way or the other um and hopefully we can get what we want and John is correct on everything he that told you guys it has it I know it's the chickens because I know there's been phone calls about them
complaints about your guys' chickens to be honest I know about that and um um but it's not just the chickens it's going to fall through for everything it does and so we have to be very careful how we do this I do encourage our lawyer
and our manager here to uh proceed and to see if we can come to some negotiation because I'm not anti-ag against it I'd be all for it not going to say my neighbors have chickens because they might be watching but uh um you know animals are like for me not
just animals they're you fall in love with them you take care of them they're you're they're with you for their life is the way I look at it and there's no difference between a dog a cat or a chicken if you take care of an animal so um I do encourage us to see what we can work out so having said
that having said that can we open public comment so Ty can get up here tell me all the reasons why yep okay morning first up is Ty Harris there you go there you go I imagine that there you go he's going to flock all the way there I don't
want to get cocky with don't get cocky with us now well thank God I'm not challenging the fighting ordinance from 1981 you owe me $20 now so again my name is Tai Harris with the law firm of Tai Harris PA on
Plantation key and um I've been living chickens for the last uh three to four weeks when I was uh contacted by Cheryl McBay and the McBay family who I represent and uh was exposed to the
exciting world of animal control and I agree with everything that Sharon said nobody wants that job it's a horrible job it takes somebody with with special fortitude to actually do it and this is not about trying to challenge the the
County's ability to enforce its Animal Control Ordinance in fact if you'd been at the trial that is not what I said what we said was that our code in island is very clear that we as the county code stood on December 31st
1997 that is the code that fills in the gaps for Isa marada and so all the dangerous dog all the Rabid raccoons everybody's already in that code they've been in that code since the 1979 code what happened is that the county didn't
address chickens and horses and livestock until 2013 and then that's when the code changed um and nobody here would know that because we really didn't have an occasion to to to know that but before
the M McBay got chickens and I think this is very important because we've had a running dialogue about what's legal and what's fair I mean this council's been very attenuated to that um discussion with me as we've gone through the changes to to people's property that
have happened over the years so in 2016 a email was sent by Cheryl's father-in-law Mark Greg to the Village of alam marada and asked the
question hello Jerry and and Jerry is Jerry Sanders who was the senior code enforcement officer at the time for the village hey Jerry are there any regulations or restrictions on keeping chickens in my backyard thanks Mark Greg this is
2016 so after some research a response comes back uh later that day cuz this this went out at 9 something in the morning at about 3:30 in the afternoon after checking Jerry Sanders responds no
codes that I'm aware of So based on that information um Bay got chickens and you'll hear a little bit more from them CU I know I have short amount of time about the Saga with the chickens but at
that point word got out that it was okay to have chickens and it's been like that ever since and it was like that until there was a um a complaint just recently and alls I've done is filed the notice of appeal I would like very much not to
have to follow through with it but I'm pretty confident that I'm gonna win the appeal right now thank you thanks Tod next next up is Van Cadenhead followed by Cheryl McBay just to get ready for this I had to have a half a dozen hot
wings I uh I think chickens are part of the keys I think roosters and chickens are part of the keys I think that uh if you coup them up uh in in a henh house um you still got to have a rooster
if you don't have a rooster why do you have chickens you have chickens because you get eggs now the way uh food prices are going in the United States today A lot of people are taking up raising chickens because the price of eggs is through the roof I don't you should
stand in those people's way if they want to have a hen house or if they want to have free range chickens I don't think it's up to you uh if there's if there's a complaint from a neighbor that a rooster is waking them up every morning at 5:00 in the morning then you need to
have something done you need to have some kind of a a discussion with the neighbors about the rooster but just remember if they didn't have roosters uh maybe Jesus wouldn't have got uh crucified because he had to have
the rooster crow three times before uh he realized that he was going to have a problem so I think roosters go back in history and chickens go back in history people have been eating chickens a long time and I think uh you're entitled to
raise them I don't think you should be uh uh encumbered by the government in any way unless they are some kind of a public health hazard or if they if they make a a problem in the neighborhood with roosters cing at 5:00 in the morning but that's a you know to be
settled among neighbors not to be settled uh in a court of law so uh I wish Mr uh Mr Harris the best of luck with this appeal and uh and if you if you don't do the right thing the yol's on
[Music] you by the way van you don't need a rooster to have hens lay they do that automatically I was just going to say that raised hundreds of them so Marne next is Cheryl McBay followed by John
Wallace hi there I'm Cheryl McBay um from Plantation key been here my whole life uh seen a lot of things change in Isa marada one of them uh why I chose to raise my kids here and have a family and have a business is I love Isa marada and
I love how quirky and Charming it is um I do fishing gardening fruit trees and I have chickens and I love my chickens my kids love them my kids help me take care of them they collect the eggs um
it's teaching them responsibility they also love cooking um they're 10 years old and both of them love making eggs every single day we give them out to all of our neighbors when we have an abundance of them um all the chickens have names so they're more pets than
just something that gives us eggs um currently we have 10 hens we have no rooster there's no crowing they're very quiet they're in a 12x 12 Coupe they do not leave the coupe they have never left
the coupe um and you cannot hear them at all I have an 8ft fence around my property the only reason why there was a complaint is I have an interesting neighbor who was very nosy and actually after a year of having the chickens
complained that they were noisy um to animal control and the only reason she knew they were there is because she was putting a ladder up on her fence and looking over it and throwing shards of glass in my backyard trying to hurt my children um she's an interesting lady
anyways I've actually tried to friend her and it's I I don't even know what she looks like to tell you the truth but I love Mar and I think chickens play a big part of it I would love if there was a section carved out with animal control that we could allow
them here I think it would be one less thing on their plate so I don't see why there's a big deal for that um the chickens that free range that are all over a la marada that are roosters there's peacocks those are all legal why
would you discriminate against chickens in a coupe that lay eggs and don't make a noise versus chicken that just are free to do whatever they want um I don't know why there's a discrimination between the two um I don't think that's pretty much all
I have I'm sorry I'm not very good at this my husband was supposed to come tonight but he just start diagnosed with the flu so I'm saving you all from that and yeah whenever we did get chickens originally we did really do our research and we tried to make sure that we we're
doing the correct thing um we asked friends we asked family we asked the Village um I also know a couple of people that work for the sheriff's department that had chickens and they told me they were fine so I just went and took it upon ourselves to get chickens and ever since then we've had
them and we love them and they've never been a problem so thank you any questions no okay Marney anybody else yes next is John Wallace thank you John Walls Plantation key I'm not going to make any jokes about
chickens because I don't have a dog in this fight but I'm I'm actually more interested in the technical aspect of the ordinance I see the ordinance here the way it's worded but I don't know what's in the ordinance and it would make it a lot easier to uh comment on it if I knew
what was in it so is there some way we can find out what would be in the ordinance or is this just a placeholder where later on you're going to add things to the joh ordinance yeah it's it's in the Monroe County code um so if you go to the Monroe County code it cites to the the chapter and uh sections
um so it's all available there yeah but what I can do is I can put that in the council communication next time yeah so you're essentially going to adopt monal counties initially with they wording yes okay the only other comment I have and I don't have a problem with anybody that wants
chickens but I think you're going to you're ALS when you start talking about carving things out um that could be a little bit more dangerous than you think because what do you do if I come to you and say I want pigs or I want goats M
are you going to carve that all for me and if you don't carve that all for me but you carve all for chickens now do you have a different kind of problem so again I don't have a problem with that I just think that that's something you're going to have to deal with when you start talking about carving out it becomes a little bit more complicated I think thank very true
thank you Marne yes we have uh Lena Davis on Zoom followed by Craig McBay and a iPhone caller so go ahead Miss Davis you got three minutes hi I'm Alina Davis Plantation
key um I was looking at the agenda today and on Tab 12 it says that exhibit a the county code is attached there was no attachment and I understand what you just told the gentleman at ahead of me
that well you can go to the county code but that's not what you said in the agenda and I have a problem with that second um Marsha is fantastic I got we picked up our our
last dog from her her name is ilila she's super super smart we got her three and a half years ago when she was about six months old Mara does a fantastic job she when the kids over over on Pippen
were shooting BB guns over the fence into my yard killing the squirrels Mara came out cops wouldn't do anything nobody would do anything but Marsha said I'm coming out and she went through that
neighborhood one house at a time and said this is what's going on and you will be criminally charged if we find out that it's your kids that are doing this so I have all
the respect for Marsha in that case as far as chickens so one of my neighbors did have hens and the yard guy from an adjoining yard
called code enforcement on her and said that there was chicken poop over in the yard that he was handling and code enforcement came out and told her that she had to get rid of her hens she took
her hens to the barn where they were killed by either raccoons or Hawks so I understand both sides of the situation but when you have something on the agenda and you say that exhibit a is
attached or following it should be there for all of us to see I hope you make the right decision on this I don't know exactly what the right decision is right now in my opinion and I agree with the previous gentleman that it's very tough
to start carving things out because now you are being selective and what's good for the goose needs to be good for the gander thank you so much thank you Elina good point
Marne next sorry next is Craig McBay and Mr McBay go ahead got three minutes okay good evening can everybody hear me okay yes thank you yes okay well
uh Craig McBay uh Plantation key uh thank you all for your time on and your service I'm sorry I'm not there tonight as my lovely wife mentioned I got the flu today so I thought it'd be best if I stayed home and didn't infect everybody
um everybody has really kind of said a lot of the points that I want to talk about but I'm going to kind of go back through them because I took the time to write them down anyhow so um you I still think it's incredible how much time and money you know I've had to spend
worrying about chickens you know it's uh you know when we thought this was something that was okay because of how many there are here and how many people actually have the pet ones I can't believe we're having to go through this um I'm hoping tonight we can get the
resolution that most of the community wants which I think really is having pet chickens we're here today because we have a neighbor who has a personal Vendetta against me and my family and once she found out we had chickens she's just using this to hurt us the chickens
aren't a nuisance to her they're not they're not a problem she's just trying to hurt us with using this code as a tool and unfortunately I think other people use that as well so it's a shame that some people are able to do that um
since then we dealt with animal control this has gone to council last year I've had to go to court and obviously we're still not over and I'm not excuse me sure when the end is in sight um pet chickens cause very little noise you
know they never leave their Coupe and of course at night about half an hour an hour before dark they go under their CPE they don't make a noise all night so they're they're not in they're not a nuisance four of our neighbors didn't even know we had chickens until all of this started and we started talking to
them about it so that's how little of noise that they make uh wild chickens and in particular roosters you know they can cause an annoyance and neighborhoods because of noise or some of the destruction they make I still think it's bizarre that animal control doesn't have
any issue with that and we asked them if they could help us with these feral chickens and they said no and I think as I think uh Council Wilman Deb Gilla said it makes no sense I understand the need to formally accept county code you know for a lot of
these issues for um you know for animal control but it should be on our terms so please put a carve out to allow backyard chickens as we've done the keys for all of history Animal Control should be happy with having to do less we're putting Less on their plates so they can
focus on the important things you know like kidss shooting squirrels or you know nuisance dogs or violent dogs so we we do need them to do that but you know please please allow us to have our chickens uh so thank you for your time and again I'm sorry I can't be there in
person um but I hope I hope we come to a good resolution here thank you Craig feel better Marney okay next up we have someone on an iPhone uh on Zoom go ahead got three
minutes please state your name this is Robert Moser lower mumbi um yeah I'm sorry that he has the flu I hope it has nothing to do with the bird um this whole issue with the chickens is little unclear to us um but
what is now clear is that either way this pans out the village please needs to have a way to deal with the chickens that are not kept in people's backyards that animal control has is not willing to do anything about but increasingly
wander around the neighborhood um and I don't know if they have an evacuation plan in the event of a hurricane thank you okay Marne anybody else no no that's it okay
council do I have a motion you want to discuss I'll make a motion to approve on first reading with the caveat that we work on on um doing whether you call it a carve out or
our own a potential local car yeah whatever uh with the county do I have a second Don Steve second you don't want to Second it I'll second it
Mary call the RO council member Deb Gillis yes mayor Sharon Mahoney yes council member Steve fredman yes and vice mayor Don Horton yes motion passes four to zero okay on to the chick from the chickens
to tab 13 John what you fly on the c um y before I read um the tab number this is we're into the Quasi judicial uh portion of the agenda um these are tabs 13 and
14 please be advised that the following agenda items are quasa judicial in nature if you wish to comment on 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 quasa 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 be either cross-examined or sworn your testimony shall be disregarded the general public will not be permitted to cross-examine Witnesses but the public May uh request the council to ask questions of Staff or Witnesses on their behalf the full agenda item packet on each item is hereby entered into the
record along with the village code and comprehensive plan any correspondence that was received by The Village staff is included in the file and part of the record persons representing organization s must present evidence of their authority to speak for the organization further detail of the quas judicial procedures in section 30256 of the
village code may be obtained from the village clerk as I mentioned tonight there are two quasi judicial items they're tabs 13 and 14 at this time I would like to ask anyone who intends to speak on the quaser judicial items to please raise your hand and be sworn into the clerk again this is if you intend to
speak at all on tabs 13 or 14 in the matter of which you are about to give testimony do you swear or affirm to tell the truth the whole truth and nothing but the truth I do I do the witnesses have been sworn Madame mayor
uh tab 13 is stated as follows in nordon VI Mara Village of violin Florida considering the request of laah Creekside LLC to amend the official zoning map from Village Center to Neighborhood commercial for the subject property located on Plantation key with real estate number 00 4375 n-
0000000000 00 4376 uh10 - 000000000000 0437 63- 000000000000 and 00 43764
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 the approval of this ordinance by the State Department of Commerce and this is on second this ordinances on second reading Council before we begin
I'd like you to please disclose any expart community Communications that you may have had with the applicant or anyone else again this is tab 13 please include whether the person represented to any group or entity as well as the subject matter as you recall thank you okay Deb uh I spoke with bartk just
briefly about whether he was aware that we only had four people sitting on Council um Don uh I spoke with Bart Smith as well I don't think I spoke to anyone else about this I had a conversation with Bart Steve none with
me okay I don't have your phone number yet Steve I'm not hard to find okay we are ready to proceed yes thank you Council Jennifer dorrian planning director I'm here this evening um for second reading on um the ordinance uh to amend the zoning map for
the uh Creekside property up um on Plantation key uh this was uh before you in your December 12th meeting um this is to amend the zoning from Village Center to Neighborhood commercial it passed on first reading um and we are here again
like I said for second reading between first and second reading uh myself and uh Mr Quick had a phone conversation with Mr Smith uh regarding some of the concerns and comments that the council had during the first reading and in that conversation we uh discuss some
conditions that we hope that the council finds pleasing to their liking um they include three conditions related to commercial activities at the property uh I can read those out for you they are um one no commercial fishing is permitted two docking facilities for recreational
vessels shall be permitted the moing of recreational vessels shall be limited to vessels owned by the occupants of the affordable housing dwelling units or guests of the occupants guests of the occupants of the affordable housing dwelling unit shall be permitted to more vessels at the docking facilities for up
to but not to exceed two consecutive days whether or not consecutively mored number three no commercial uses except for the existing restaurant are permitted in the event that the lawfully existing restaurant is substantially damaged or destroyed it is permitted to be rebuilt pursuant to all re
requirements and development standards of the underlying zoning District it's the only changes we've made since first reading um so that being said at this time um I would ask that you approve this on second reading with those three additional conditions and Madame mayor after that
it's uh just as a reminder it's a presentation from the applicant which would be Mr Smith and then when we get to public comment it's all participants in support and Then followed by that is opposed favor first go ahead Bart yes uh Bart Smith on behalf of the applicant uh and so uh
this is the second reading uh as we we discussed at the last meeting the whole purpose of this is to repurpose these buildings uh from a hotel use to affordable housing and at the last meeting there's a couple requests that were made one there was a lot of discussion and request to try to
maximize out the amount of units we can do and so the first thing that we did is we looked at how we designed the units uh to try to Max maximize amount and so this is affordable housing so the maximum units you can do per acre is 15 units per acre now that's why there's in those Center or neighborhood commercial
the only difference is we get to repurpose the buildings if we're in neighborhood commercial which is the only permitted use that will be allowed other than the existing restaurant so if you want to know if we're putting our money where our mouth is so only use is affordable housing and we're we're we we
looked at maximizing out the units and so with the 15 units per acre the maximum units we could build is 17 units and so I'll show you the plan in a second but we got 17 units uh it has 27 bedrooms in total uh the configuration
of the bedrooms as we has it is is uh I think it's like 40 beds or 42 beds in there uh it's but the occupancy which is normally what things are done is 77 is the maximum occupant between all of the units I'm not saying that's how many
people would be there but that I know that was requested and then of course the proposed language that was discussed last time was to limit any vessels there to just the residents and their guests and so we worked on that language between the meetings we're comfortable with the language that's in there and so we would ask that you approve the
language as written um the lot of amendment development standards we went through this last time as you can see Village Center neighborhood commercial are the same uses but we've limited to the affordable housing the floor area is actually reduced in neighborhood commercial
and the setbacks are about the same again what we're doing uh we've already revised the bass application submitted for the 17 units the floor plans are in showing the 17 units with the 27 bedrooms and so with that we're looking
forward to Bringing forth the maximum amount we can do on the property for affordable housing and we' respectfully request that you approve it and I'll answer any questions you may have Council Deb you got a question I don't think I have a question at least
not at this moment but I do say thank you for revising the affordable housing um it's an important issue in this town and for you to um do the best you
can and and I believe that the 17 units is what you cuz the the agage is not huge so thank you thank you I appreciate Don any questions steve' I guess I I just want to know how
does the the the docking get enforced if someone else is using it or there subletting the dockage or something to that effect how does that get forced it it's the same thing as anything it's Code Compliance uh if you violate a code someone have to complain to Code Compliance they come out do an investigation yeah viol see if it's been
there for more than two days or if there's something else correct it's it's just like anything with any property any violation of a condition of anything is is Code Compliance it's a violation of the code it's a violation of the conditions code compliance with sight of them either they come into compliance or you're F I mean technically actually if you're
a neighbor you also have the ability to get like injunctive relief if it was really bad John's shaking his head but those are the t two two main methods anyone has enforce any condition in any part of a code is one code compliance or if you're a neighbor and you're adversely affected you could sue and get
an injunctive relief so yep anybody else no thank you Mr Smith we're going to open up for all in favor Mary um I have someone who is neutral and someone who opposes where's neutral fit in John it
doesn't but we might as well pick bring them up now since they're in the middle so it's somewhere in the middle of uh of support and oppose so we'll bring them up first and then we can bring up the oppose are you saying you're are you saying you're neutral also yes exactly
okay first up will'll be van Cen head well I appreciate getting 17 affordable housing units out of that but uh I think we could have gotten uh 501 ons out of 50 motel rooms which it wouldn't be anywhere near
as Grand or wonderful but they would have accommodated 50 of the Working Class People that really need a place place that they could rent for $1,000 a month or less and uh it's the the 17 units are probably going to be taken up
by the managerial staff at the at The Islander and what really bothers me most is I'm happy that the vacation rentals are I mean the the U affordable housing is going in there and that's that's a that's a plus I I
lament losing the made to order at least temporarily but uh what I what I don't understand and what I think we should uh uh take a a long look at is how 50 motel rooms come out of the creek side and go
to The Islander to become with their additional uh tdrs that they get 56 units to take up uh uh a big construction project on The Islander property for 56 more units and and uh
we're only getting 17 affordable housing uh units out of that now the motel rooms uh which is which is why I think that this this decision on this particular part of it should be made after we have
a community uh shet on tdrs because this has been a problem from the Inception of the village is the increase in dens it and intensity of taking an edu as a dwelling unit and
turning a 400t motel room into a much larger space which increases the density and what we're doing here is is taking 50 uh motel rooms and taking them to Isam marada to the center of Isam marada
I mean you can turn turn The the zoning any way you want to but in effect the traffic and the people and the loss of of square footage of open space on the on The Islander is not necessarily
beneficial to the people of Isam marada it's definitely beneficial to the developer of The Islander but I don't think uh the the traffic uh study uh if it you know it's if it's been uh done by a an unbiased
traffic consultant then uh you know you have to accept it but this last Christmas right after Christmas the day after Christmas there were three serious automobile accidents
between Papa Jo's and and uh uh Balo or Wahoos so we have too much traffic there as it is so please consider that and and listen I I'm I'm here giving testimony
and and I I don't want want to be held to 3 minutes John there's a 3 minute limit inless is representing our organization yeah than you got me don't you yeah thank you well you you also get what I'm saying I hope yes I do thank
you Marney okay next would be Mr wishm and these are the opposed as oppos neutral joar Plantation key I'm not neutral I guess the first thing is you know it
happened again tonight I was coming up here to compliment you all on doing something with the inorm manager but I guess we'll leave that for another time regarding the rezoning of the creek side by changing the zoning the motel will
then be become non-compliant does that mean it will immediately close down for business and they will start construction right away Council should not be creating or promoting anything that turns a compliant building into a non-compliant
circumstance we we kind of did this with all the tdrs for The Islander because I believe that the code states that the sender property is supposed to do all of their work before the receiver property can do theirs yet you made conditions
for The Islander that no they just have to have it done before you'll give them the co at The Islander that's not the way the code is written and I know a lot of times you guys get up there and say well if it's dealing with bass or something you've got to deal with the
rules you got to deal with the rules yet here we go again you keep making these conditions and approving things that are not uh applicable with the code so please make sure you keep all that in
mind thank you thank you Mary make a joke there's no one else well Jennifer why don't you answer or can we address that question about them having to have something done before is that in the code what he was talking
about I'm sorry I was reading something else I was C I'm catching everybody tonight I would say that you can't build the development without having the zoning change I mean so otherwise the development would be there and it would
be inconsistent with the zoning change the zoning change has to come first yeah and then the and it's all part of the development application so you would have to have the zoning first you can't have the building and then the zoning sorry okay want to have that for Mr
wishm okay council do you want to have a discussion Deb I was just Oh I thought I turned it on I turned it off sorry um I was just to say the the the it's not a
condition it's in the code is that they they cannot get their CEO for the main property until they finish the affordables yes that is true yes they have to finish the affordables before they can get their Co on the the main
property um addressing the uh affordable units uh they they they've made 27 bedrooms in those 17 units so at least we are doing that
and there is a minimum square footage that's required to build an affordable and I think it's 500 mhm 500 um and I believe the the rest of the county the county code is only 400
um so maybe if we' reduce that a little bit 400 it definitely uh limits it more to one bedrooms but 500 you can you can squeeze two bedrooms out of them um very
but that's a tight fit well I've seen it so anyway um I I just I really appreciate their efforts that the it is very difficult to build affordable anymore and the fact that they're going to get 17 with 27 bedrooms that will
have um a a maximum occupancy of 77 people uh is marvelous okay Don um so we can't have the affordable housing unless we change the zoning we need
affordable housing we talk about it all the time um the uh the way I look at tdrs is that this Village has a basket of of U of marbles
and you can move the the basket is full of those marbles and and you can move a marble from the Bott bottom of the basket to the top and you're not creating more Marbles and the the hotel
rooms exist and hotel rooms are looked at as hotel rooms and our code limits the size of a hotel room and the number of bathrooms and bath all of that stuff so it's still a hotel room whether it exists at the bottom of the basket or
the top of the basket uh but we're not making any more affordable housing right now we're not seeing application going through and I think that um we're not increasing intensity or density um we we're change we're moving it from one
part uh to another part but that's that basket of marbles um but without doing that we are not going to get these affordable housing units uh there and we desperately need those you can't turn
that hotel into just turn it into affordable housing units there there's a process they have to go through the affordable housing bass uh and and get permitted that way and if the development that they're re
if they're doing the Redevelopment and if it requires the the affordable housing mitigation fees and these units these 17 units that they're putting don't satisfy that affordable housing standard that's in the code then they're
have to be putting more money into the uh The Village's coffers that is dedicated for more affordable housing units so I in it's a it's not a loss by moving hotel rooms around but it certainly is a win for the village to be
able to change the zoning on that property to take it to where there's residential across the canal and now we've got affordable housing residential on that piece of property so I I'm in favor of it I think it's great
Steve nothing okay um I agree with both of these lovely people next to me here so okay anybody have any questions for Bard are we ready to make a motion I'll make a motion to approve and I'll second okay Marne call the role
please vice mayor Don Horton yes council member Deb Gillis yes council member Steve fredman no and mayor Sharon Mahoney yes motion passes 3 to one thank you thank you a even have a good
night okay moving on to tab 14 yes finally tab 14 um this is a resolution of the Village Council of is Mara Village of violence Florida considering the request by Christina bonstead for administrative relief from the village building permit allocation system for
property located at 165 Sunset Drive Lowa mumi as legally described in exhibit a providing for transmitt of the uh to the Department of Commerce and providing for an effective date um Council again before we begin on Tab 14 if you'll please disclose any expart
Communications uh you may have had with anyone um and please include whether they represented a group or entity as well as the subject matter as you recall Deb I had none Tom Tom Don I haven't spoken anyone myself no one and Steve
said no one so good evening Council Jennifer dorby and planning director again I'm here for administrative relief for 165 Sunset Drive 165 Sunset Drive LLC has applied for administrative relief pursuant to section 30477 of the code of ordinances of the
ISA marada Village violence 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 in code sections 30- 552
and 30- 553 beneficial use the burden of proof shall shall be on the applicant the subject property is located at 165 Sunset Drive and legally described as exhibit a of the proposed resolution the application was entered into the building permit allocation system on
September 16th 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 46 with 14 points pursuant to the requirements set forth
in code section 30- 477a 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 November 25th
2024 the proposed development is one single family two-bedroom two B home approximately 1632 Square ft the site is approximately 5,125 squ ft with allowed clearing and mitigation based on habitat the analysis for the administrative
relief is in your pocket um one thing I did want to point out is there has been some question about the um subdivision or lot split of that was done on the lot in 2018 um that was done through the property appraiser not legally through
the village uh So based on that information um we would recommend that if the council moves forward with an allocation that you condition it upon them coming back to get the lot split legally done through the village prior to any B building permit being issued uh
additional information that was been provided the property owner has complied with all requirements of the building permit allocation system the bass application has not been withdrawn at any time the property owner has not applied for a deferral and the applicant is seeking an allocation award The
Village Council may take any of the following Com or the combination of the following actions as per code section 30477 F Grant the application the applic an allocation award for all of part of the allocation requested in the next
succeeding allocation period or extended Parada over several succeeding allocation periods offer to purchase the property at its fair market value or suggest such other relief as may be necessary The Village currently has 19 allocations available for administrative relief and as always I'm here to answer
any questions okay anybody have any questions for Jennifer we move on to all in favor I I don't know if the applicant is here it doesn't is the applicant here does I don't know I don't have any questions I just had a statement okay oh the applicant that's you're entitled to
make a presentation if you'd like I'm just the agent on of the owner here any questions you may have okay okay Deb okay I just I just wanted to say that um this property has a Turtle Beach and they will be required to comply with
Turtle nesting areas the shoreline setback is required at 30 ft and they're providing 58 ft uh it's Class B buffer storm water is being addressed and no vegetation is proposed to be removed
just to clarify it is not a Turtle Beach Turtle Beach area it is not yeah if you're reading from the what I sent you if you look at the first bullet point it says it is not a Turtle Beach sorry take it all back never mind never mind
that but they're they're meeting there are others on that street that are Turtle Beaches this one is not ah sorry so but the the point of that conversation was that they they're they're meeting our requirements we have
requirements that protect the environment and that um they're meeting all of those requirements that's already been approved and the public just needs to understand that just because we're giving them an allocation or could give them an allocation doesn't mean that
they can do anything that they want no the the permit has already been reviewed and approved by the biologist yes okay so John we move to all in favor yes Marney um excuse me again we have um van
as neutral so we'll start with him followed by Mr wishme for the opposed yeah I am van Kad nid and um I just had a question uh for clarification about the split and I understand the split was done through the county and it hasn't been done by
The Village so um don't you think we should settle that before we vote on uh giving them one of these very rare uh administrative reliefs should should we uh ensure that uh we're going to that
that's feasible to do with the split because it seems like you're going to give them the cart before the horse I don't know I mean I'm it's not my property it's not uh uh my my uh realm of expertise but it seems
like we're we're not uh uh getting things in the proper order I would I would prefer to see the split defined by the village and then give them the administrative relief because I think they've earned it I mean they've been here for four years that's why I'm
neutral on this but I just think the clarification about uh how the split is going to be what if we decide not to give them the split from the village what are they going to do then so you know I'm just trying to look ahead a little bit thank you
Marty next up is Mr wishme yes J wishme Plantation key uh my comments are come under the council Communications and uh 3A was relating to the platted parcel
The Village Council should focus on the parcel as a whole and not on particular segments or portions of the parcel the staff claimed that 3A was not applicable to this well the parcel the parcel has had a split so I disagree it
states that during the review it was discovered that a portion of Lot 19 was subdivided without approval by The Village 3B The Village Council shall not consider anything less than a plotted lot since the lot was illegally split in
2018 from 161 Sunset Drive don't know if that's a legal plotted lot anymore so maybe the council needs to take that into consideration staff again staff recommends approval with condition that the applicant applies
for a legal lot split well Council has to stop condoning breaking the law and then getting rewarded for it settle the illegal split first and then come back and we'll revisit the the situation then
the parcel was also sold at $ 81924 for $ 1,450,000 so even though the apprais value was only 441,000 property that has to be on the B pass for 4 years
or you know I mean how many times can it be sold and still get credit for being on the bass so we need to be careful not to start a precedent here too with other people splitting lots and then wanting more and more building permits when we
only have a certain number to go thank you thank you Marne anybody else nope no one else okay uh Council so there's been uh instance after instance where somebody has done a lot
line adjustment uh it's still a legal platted lot lot 19 it's smaller because a portion of that went over to another lot but it still is a platted Lot number 19 um and I asked the same question as
far as the size of the lot does it meet the code and all uh and and it does it meets the minimum lot size um in in that's in our code you know I I years ago
um the people would people would do lot line adjustments and lot splits meets and Bounds moving of their properties and uh and no one said anything and that's why the property appraiser just would you go in and say you know I'm going to sell you know meets and Bounds
description 10 ft for my next door neighbor and you give them a deed and the property appraiser would just change that uh since then the The Villages planning staff has realized that that has happened and you can't do that Under The Villages code if you create a
non-conformity but in this instance it's still Lot 19 that didn't create a non-conformity um it it's it's more I think administrative than anything but it does need to be taken care of um
so I've already y'all all know my stand on this on on what's happened in our administrative relief these people have in good faith applied for a permit four years ago been sitting in a queue uh and are asking for Relief we don't want to
buy a million dollar piece of property on the ocean and be responsible for it and so well plus Jennifer made it very clear that um the lot split will be done by the village before they get and that's can be lot adjustment a lot line
adjustment yes can be done before they get because you're not creating another you know I meant though that that's going to be contingent on them getting and just as a point of clar for the the contingency on the lot line adjustment that will be need to be included in the motion that's what I'm that's what I was
getting to I just couldn't get it out Steve okay um so yeah I yeah I was just going to make the point the the the contingency or the recommended contingency that we include is that that lot line has to be cleared before they
actually get the permit and I did ask the question and uh at this point of juncture with a cursory review or whatever needs to be done it looks like that that's not a problem uh going down the road uh but it does need to be
cleared before they actually get it so that being said you need a motion yes are you ready are you ready to do a motion do I have one I'll make a motion to approve this with the contingency as recommended do I have a second
I'll second okay Marne would you please call the role council member Deb Gillis yes vice mayor Don Horton yes council member Steve fredman no and mayor Sharon Mahoney yes the motion passes 3 to one
okay so before we say there's no meeting on Thursday night correct but we need to have Miss Anna come up here now yes it's your time come on out get used to it sit in the chair for so long I think I could
walk comfort so I guess Mar you can sweat her in Rich swe that I support protect and defend the Constitution and government of the United States the State of Florida and that I am duly qualified to hold office under the constitution of
state and that I will in all respects observe the provisions of the charter and ordinances of is vience and that I will well and Faithfully perform the duties of coun M on I'm now about to [Applause]
enter welcome would you would you like to make your first motion motion to Miss do I have a second I'll second all right thank you all right thank you everybody congratulations e