e e e e e e e e e e e e e e e we're going to call this meeting to order please and uh Marne would you call the role please council member Mark Greg yes here council member Elizabeth Jolan here council member Henry Rosenthal yes by mayor Sharon Mahoney here and mayor buddy Pender here we have a quorum all right hey Mr Horton would you please uh lead us in the pledge thank you Al to flag the United States of America and to the repblic for which it stands one nation God indivisible with liy and justice for all all right yeah well I want the chair going out from underneath it's okay I've asked coach Hammond uh if he lead us in a word of prayer here before we get going on the meeting all right well let's bow together thank you Father for tonight and thank you for every single member of this Council we pray your blessing over this evening over the staff and all the work and decisions that have to be made we pray that your wisdom and uh will be a part of this and we thank you for in your precious and holy name we pray amen amen thank you coach okay um let's see this council do we have any additions or deletions you know actually mayor um I I did want to ask for a deletion um or a deferment um I know we touched on this a little bit um I think we touched on it last meeting um and I know I touched on it in my briefing with the with um Rob and the staff about the Quasi judicial uh component here I'm um I'm uh very concerned that we are um being put into a position without um enough information to understand how um we got to address our administrative relief um and um with respect to the applicants and everyone here um I wonder if we could uh defer these items until we um for these items and request from our planning department a more comprehensive plan for U meeting these out okay um Elizabeth I'm going to let Mr Quick answer that because uh Chris tranes have been going on for months we have kept putting this off and putting this off and it's only fair when the people come here make an effort to come here that we hear their case and we don't spring it on them if we'd have given them seven days notice or something but I don't think it's right here you know um you here here's Mr Collins right here coming in you know which is not this doesn't this doesn't have to do with I I understand but I'm just saying people make the time and effort to come so Mr Quick can you give us any I I personally don't want to do it how about this is sort of like what we went through the other night where um I understand and we all I think understand that we do need to fix the way things are done in this little group here but um again I I I have the issue with pulling the rug out from people when we're down to the ninth inning and that's what we are so all right Henry what is your opinion I proposed an opinion almost four years ago and it was rejected and what I proposed I was I was we're talking about tonight about I understand that Miss Jones and Chris trantin administrative relief yeah but I want him to understand Mark what we're talking about I know what you're talking about okay a plan is very much needed no question about that okay and when I invited the county to make a presentation here years ago I got little or no support my main position was to make allocations ending in 2026 correct and if we keep going the way we're going 2026 is going to show up in spite of what everybody else wants Mark made a statement when at the last meeting that he voted against that right he's seen I wouldn't say he's seen the light but he's kind of reversed his position as of the last meeting a very unpopular position by the way but I congratulate you for what you said Thank you and uh I can see the need for a lot of things that's going on but we need a plan and we're just peacing into this situation and as long as we continue to peac mail it it's going to stay that way okay so so are you are you for hearing these two quasi judicial cases the administrative relief tonight Chris's and if they're connected if they're connected with the B pass I would not be in favor okay okay Mark I I have to join with Henry and with Elizabeth that um I don't feel there's a need to rush into this I fully understand having been on the receiving end of an application about what it's like to be delayed there's an old saying in the law Justice delayed is Justice denied but there's other principles at play here getting it right is the first one and I think we need to take a step back I agree that there are some inter interrelated things here um my one concern I wanted to talk about some environmental things on those two items and Daniel our biologist is unable to attend tonight and so I feel be in the interest of not only the council and the public but of the applicants too to have his wisdom his experience his expert opinion available for us to make the right decision and and that's not here tonight so it's time for us to to stop what we're doing which is the peac meal approach and I do agree with Henry on that um I'm not sure about seeing the light uh but I definitely see this in a different light and it is unpopular but I'll tell you that the phone calls that got after Tuesday night's meeting were consistent with my thinking on this that others are seeing it too and I think it would be wise for us to let the public participate in that you know we make a big deal here about public participation and stakeholder participation and and helping us to get the right decision these are not ours to these allocations don't belong to the five of us they belong to the 7,200 of us that live here and I just think it's wise and fair and there's no rush we're not we don't have a gun to our head let's get it right when you applied for permits and you came up this these people have been waiting for they followed the system for four years Chris this has been going on for months with Chris matter of fact the one that Miss Jones has there was already a permit issued it expired but there there had already been a permit issued on that on that particular lot in in the hammock there okay so John what's the John is it really fair I mean they hired an attorney to be here they hired Tai Harris as an attorney to come to this meeting and we're going to keep putting Chris this has been going on and on with Chris trantin yeah I I would suggest if if the council uh is uh looking to defer it that it be deferred to a date certain that it be done as a motion to defer to a date certain um whatever that date might be um I know that there's been um disc discussion about uh staff analysis and additional data um I can let Jennifer speak more to that if she'd like I know that a that this is a component uh of what staff is planning to present to you all I think the timeline was in August um as as part of the um analysis and and decision- making as it relates to the county rogo issue um and the state uh State item so uh if it's going to be done I would I I would uh uh it should be done through a motion to defer to a date certain I I wanted to make another comment at if if it's go ahead go ahead um so so this issue this this deferment is is a is one part of what we're going to be Al discussing later on which um again I don't feel we have enough information to make um informed decisions as we move as just if you could just and I'm just listen thank you um just give me one you on Council MH um I just want to make a statement here that this issue the administrative relief issue is directly tied to what we're going to talk about later in this agenda which is our early out affordable housing allocations and you can't have one conversation without another now I think if we want to point fingers and blame we can blame all the proceeding um for for lots of different reasons we've never stopped the meeting here and um and what an opportunity to try to get this right moving forward because I think as Mark said it is beyond the the the two applicants this is not there's nothing this is nothing this is business and so anyway if you want to I I would be happy to make make a motion to defer with a request from the planning department to bring back a full analysis of how to move forward with our administrative relief and our early out affordable housing units um in order to to best serve the community as a whole and that would be a motion that i' put forward well let me say something here real quick that you know you we keep piling stuff on genifer and you do we keep piling it and something I wanted to talk about tonight I'm going to bring up in a few minutes here but we keep piling stuff on her and I I appreciate what you're saying and again we can all say this is the council's before us and these they're has been uh I got to watch what I say so um I don't think this is fair at all and I understand your reasons don't understand some other reasons but uh you can't we can't keep doing this to people if we want to say we're going to have a plan and people who are a year out this is what's going to happen but to do it the night they're supposed to get their permits is I don't know if it's inhumane cruel or just ridiculous well just I did ask um in my briefing I asked for us to delay this and um and the the response because for this reason it's you know why have it on the agenda if we're not ready we don't have a plan and and the the response was it needs to be a council decision which is why I'm bringing it here and and you know what I respect that and and uh maybe I um well my request was was inappropriate um yeah I I mean I I pretty much said as much as I I've had to say I can say this is about the community it's about the community but we know how administrative relief works okay Mark's probably applied for him Chris I've applied for one and received it all right but you know and and and so they wait four years then they have to file a $1,500 applic pay a $1,500 application fee if we're not if we had no intentions of doing this why do we wait until the people come to this meeting that is my question from here on out these two tonight we go from there and then we go and then from now we notify everybody we give them a certified letter that we are changing this stuff or no more administrative El okay Jacqueline E Bloom's on the list Brett's on the list we we need to notify these people because they've did everything that and and you know what I think if you put yourself in their shoes Mark you you've you've got many permits you are you've been in their shoes I've been in their shoes okay and to pull the plug the night they come to the meeting is totally wrong and I will have no part of that if that's what you want to do and that's what you want to do but Jennifer just said the other night she can't do until August okay and this is not this is not fair at all okay we need to what's good for the goose is good for de Gander okay we need to do what is right here and I think we talked about this the other tonight I feel very bad to the people that have came and uh Mr Harris is representing one Chris is representing himself this is uh you know we need to seriously think about this because it really really makes us look bad why didn't we bring this up three months ago okay to where people don't spend another $1,500 applying after the end of the year this is totally wrong what we are trying to do here totally wrong what's totally wrong is forcing us to make a decision tonight with inadequate information when we're not comfortable you are inacurate where are you coming up with inaccurate information Council just one one uh one second I mean we do have a motion on the table with Jolan but if I could just ask if um let's have I want a certain date John well that that I was going to ask if we could do it to a date certain I mean that from legal I would like for the motion to include a uh deferment to a date certain so um I'm I'm happy to to to include that and and what I have um the response I have been getting from our planning department is I need direction so what we are not doing not from you and me that she needs direction from Mr Cole our manager that's who we're supposed to be talking to Okay us not Mark not you not me not Henry not Sharon you're supposed to be going through Mr Cole because he works for us we can talk to anybody we want to for information yes public information request but we cannot order our staff to do something that's in the charter we all know that that's in the charter I got it right here yeah so if I could just finish my I was saying um so um so the reason that this you're you're right this should have come to the council probably 10 years ago and it didn't and I'm not sure why I have some some reasons that I can think of but it's not necessary to go there so I have asked our planning department for this information haven't been able to receive it um possibly because I'm an individual person and um they need the council Direction and so it is it is um it is um what is the word when you are um it is uh um we we are culpable we are guilty of um if we continue this this path with absolutely no P plan what we also haven't been receiving from I'm not sure who would provide that what what part of our Administration would provide it is is an explanation of what happens to this to to the entire body of taxpayers when um when we don't make a plan to accommod to um respond to what we know will be takings claims and that that expense will land on all of us so I mean no one in this room doesn't respect what's what's happening here and the needs that these two applicants have but this is a bigger question and no one just a minute no counil has asked for this and if we were you know small and um and wanted to blame we could put some real blame on past councils we could where were they I I mean did no one see this coming every applicant in the system exactly which is why at this point I'd like to request we solve this problem we don't have wait until the people come this is tonight they've all made special things they've hired lawyers to come here tell me why do we do this like this Mark you're a lawyer you're an attorney you know better than that I know better than to do something that is wrong because we want to hustle something through for our friends that's wrong no it is not these people have been waiting in the system for over 4 years I know all about the system buddy you don't need to tell me permit yourself yeah that's it a personal attack is a you're getting on you want to get on me I don't want to get on you stop both of you we we need to focus on what we're doing here tonight they're waiting on us okay here's what I want to do I'm gonna let Chris trantin speak and I want to let Mr Harris speak on behalf of his client as a point as a point of order if you could clarify John this is not that okay Elizabeth excuse me I am running the meeting John I'm running the meeting and I'm not going to have her keep interrupting me if you're going to open it up for public comment um which you can it's not required the two I would say you need to open it up to everybody if you're going to open it up for public comment you should open up to everybody okay I think it's a council decision to open up the meeting at this time for um a motion on the floor and I'm going to Second it let's get this going and let mean we'll do two things from a parliamentary let's ahead and have a motion and then I'm going to let I want the applicants they want to come up and speak and say something and I'm going to let them speak and we'll open public comment you know if I could could get some clarification I think it's a council decision to request and allow for public comment and and I'm I'm I'm not interested in public comment right now there's a motion on the floor and there is a second and if I need to put a date certain to it which is what I think you requested that is that is entirely dependent on our planner Y and our planner needs to inform us when she can gather and present a comprehensive explanation for how to move forward with the fact that we have no more allocations to give out for the benefit of the community as a whole Jennifer had shared with me the timeline that she had originally proposed and I had mentioned August but that's actually the date of the second Community Workshop her plan is then to update Council and discuss the draft findings on September 10th and then October 8th is to um uh present council with the final report and uh request your vote and recommendation on it to go to the so this is bigger than this but yeah it's the end of the year is when it's coming yes from planning okay can we can you can can you say that again and I'm not sure what you're reading from uh this was Jennifer had given this out to you all I think it was a couple last month or maybe a couple months ago yeah it was at the March meeting because it it laid out the plan for um the analysis of the process for future bass consideration it lays out things March April May June and what I was reading from was August which is so in June there's the First Community Workshop um and then then the planning staff is analyzing it um in July and June obviously and then there's a second Community Workshop in August then it it's stated June uh September 10th who is to update the council and discuss draft findings and then from there prepare the final report and recommendations and then obvious that would come back to the Council on August 8th um to review the final report and then uh ultimately vote on the recommendations Mr Cole thank you mayor I just want to add that that timeline that was outlined was in response to the County's rogo process we're trying to work in parallel to them and provide them with answers for the Isam Mara community so it dub tails in with the decisions they're making at the county level and I'd highlight that by holding those Community workshops and embedding these multiple issues that we have uh surrounding our allocations into a public conversation we will not only have the uh Village council's viewpoints and perspectives considered but it will allow us to incorporate and weigh um members of the community comm's viewpoints and perspectives on the same question so when it does come back to you in October uh you'll have a a comprehensive set of recommendations that reflect again not only our professional staff's viewpoints what's happening elsewhere at the county but also uh opportunity for members of the public to weigh in and help uh inform the decisions that you'll be making so that when we do reconvene on the topic although this takes a little time uh we'll be able to do it right and we'll be able to do it thoroughly and um again I'll just emphasize one more time that deliverable can can reflect Community engagement and feedback as well so you're can be a little bit more comfortable in the positions you're taking that they uh represent the broadest spectrum of of public Viewpoint and perspective on the questions and we make a a a good and well-informed decision that can then uh be used to apply to these applications that are pending um assuming the council's direction is to defer them and and I'm waiting for the outcome to that conversation I just wanted to add some more detail about why that process is the link it is and what the benefits perceived are in association with it being laid out like that well will those public engagement um meetings uh include a discussion about how we can utilize our these 300 early out allocations and I might ask if we could Rob ask that to our planning department so we're clear on on the conversation because they're interrelated Mr de boy brand can you speak to the topics as best you can at this point as to which ones we're covering and yes absolutely we'll report back on but I think it is comprehensive yes so um over the past several months the council's uh asked the planning department to review several items that I feel dovetail um and culminate in this larger conversation and those include vac and parcel analysis uh affordable housing plan for the 300 Workforce affordable housing unit administrative relief plan on how we're going to proceed with future administrative relief and then this process for future B pass consideration so all of those items would be what we would be discussing throughout the the summer process um and in these Community workshops and those will be we would be coming back to you in October with a bigger concept for the future of Isa marada with bass vacant Parcels all of those items as several considerations for you like sort of a menu of options for to choose from so you're talking the end of the year and so yes two people two people tonight seriously you guys you can't see past two people that well I know you can't but I'm hoping maybe the other two can but it's it's not it is Elizabeth I know you want to fix a problem and this problem you and I are probably the most clear on what's been going on for years on these councils and I'm sorry it's the truth but this is not fair to push these people to the end of the year there's just two of them and you want to send out a certified letter saying from now on here's the new rules to do this tonight is inhumane cruel and not fair okay Henry go ahead you want to say something you make a designation tonight as far as what we need to do we don't have any ioda to say time certain this date or this date or this date we're way too early to consider that what we're too late to do it's to booler her Department she can't I hate to say this but your department as a whole doesn't have the expertise I would like to see I've said it before and I'm trying to do it in a nice way without saying it I don't know how to say it in a nice way you are under time restraints for all kinds of things and and quite frankly the mistake was made when we terminated somebody that was already working on this and we turned him loose we didn't the manager did at that time you know who I'm talking about he was in the motion to do all this and if he were still here we wouldn't be we wouldn't be at this Junction right now I don't think but but but we would be well on our way that department does not not have the time nor the expertise to do what you want with a Time certain it just doesn't this is a hopeful thing I understand what the mayor says people have shown up with the expectation that going to be heard and either get their permit or not I understand all that but there's also some people out there that have lights and they say to themselves someday I'm going to build my dream house here what about those people we could go on and on and on we have not been fair in many instances you want to fix it don't put a Time certain on it go out and find the staff and and Mr uh manager this not is not directed at you believe me but go out and find the expertise you know people say to me me how did you do what you've done in your life you know what I did I surrounded myself with expertise people people that knew more than I know and we're sitting here and we don't have those people right now excusing the manager we just don't Henry Ford did the same thing he h he didn't know how to build a V8 but he hired the guys that did well anyway so I I think we're putting the cart before the horse I know the intention but to make regulations of a Time certain to be completed here here and here well let's try to do that but but don't make it a certainty may I ask what would be the earliest date after all of the events on the list that we could meet in was it October I heard yes the intention is for you at your October 8th meeting to review these findings and make a decision look this this is a this is a very very important issue and could we ask for this to be expedited through the manager in some way it is not I mean we' like to say that government works slow and it I mean okay but it can also be nimble our town is 7,000 people we are not the county so we could request as a as a group here to expedite this process in some way I mean higher the consultant whatever that might look like because obviously we've got a lot Ian we have a lot of things going on in this build but my God we're 7,000 people this doesn't have to take I would I would wonder if we could expedite this what if we went with the eighth but with the further instruction to the staff to expedite that because I believe there's a requirement we put a date in this in order to comply with notice requirements okay so I'm in favor of going faster if that can happen and that's obviously for Mr Cole to answer are you for us moving forward with this tonight or are you going to get it delay it I happen to agree uh with the lady over there and the gentleman over here okay all right so do we want to call go ahead Mr Cole uh just real quick on the question of Expediting I just wanted to highlight that the process that our uh planning department proposed in terms of timing for rogo and all of that is actually a couple months faster than what the county is already planning for the same thing so I think from an Expediting perspective if we want to make sure that we have quality analysis uh more than a single or two opportunity for public engagement that the schedule as proposed uh allows that to happen and delivers you with a work product that will be informative and uh defensible in the whole nine yards and again just to reiterate on effectively the same topic with a little bit less ground to cover uh the county is uh taking too much long or two months longer than we already are by targeting October so that was an effort to to go as fast as we can and we've got a few more unique issues to deal with that Jennifer already highlighted that complicate our process at a couple steps even above what the county has so if we want solid public engagement good analysis Alternatives with recommendations and public engagement I would advocate for not trying to make it go faster but to make it go better well I think that the County's timeline of longer than hours underscores the importance of taking our time and getting it done right I don't think a hustle job is what the public put us here to do so if it's if it's October 8th if that's your motion Elizabeth I would second that well that is my motion um and and I just to make sure that I've got the motion right I mean I would point out that on this very agenda we're being asked to make decisions about subjects that are going to be analyzed in this in this conversation so which items are I I understood it was the two Quai judicial only it is okay yes so let's just deal with this and then I'm going to bring up my next subject as I understand the motion it's a motion to defer um tabs E and F which are the two quasa judicial items to the October 8th um Regular Village council meeting um well actually the motion is to defer the two quasi judicial hearings and have a robust Community engagement to deal with administrative relief early out affordable housing allocations affordable housing allocations and Vass already by October 8th okay that's I think that's included I don't think so I'd just like to get it on the record just in case because because I don't want to get in a situation to be sitting here on October 8th and have to say again hey you know what no one said that we want to look at these things in depth because that's what's been happening and and we have been put into a very very uncomfortable position but anyway period this is not right what we're doing tonight you have it yeah just it's a it's a motion to defer the two items tab andf to October 8th with the additional directive to staff to ensure that the analysis and I didn't I'm sorry I didn't write down the items but I can get it back from from the the recording you don't have to go back over it again or um to to ensure that the analysis from staff as part of the larer analysis includes the items that uh that you listed can I ask a question Elizabeth of you and Mark both I'll ask you first Elizabeth if you've been preparing to build a house for your family somebody that that that grew her daddy grew up here okay she grew up here and her grand her her daughter her grand his yui's granddaughter okay somebody that's been they followed the system and did everything that we told them to do how would you feel if you had a you're hired and you come in here and you we wait until the night that they're supposed we're supposed to talk on this to appr approve it or disapprove it and we spring this on them okay and Mark I'd like you to answer the same question care the the the real question is why how did we get in this position because we should not be talking about this we should be we we have a provision in our code that was based upon a resolution by this uh Council passed in 1999 where we were supposed to have engaged the land acquisition advisory committee to produce an action plan I have a copy of the draft of it but we didn't do that and had we done that we would not be having this conversation tonight so by skipping over that ignoring that because someone has has a sense of urgency which I fully identify with as a property rights Advocate but two wrongs don't make a right it's on us to get it right and that's what the voters put us here to do well Mark they followed the The Village rules and it's four years man plus okay there's no guarantee we have pushed Chris down the road and down the road and down the road this is not right we talked about this the other night Deb Gillis even got up and says you know what you need to do the right thing here Mr Horton did Ty did Van Caden had all these people said do the right thing from here forward yes but not when they come we pull the goalpost out and say there's nowhere to go you you forget that there's a third option in the administrative relief it's not that we buy it or we give them a permit there's an other and I think that the other can include giving us a little bit more time and and just allowing them to to stand by while we sort this out and get it right not just for her or not just for you but for everybody here it's not for me Mark but you know what we're going to have a lot of lawsuits you think we're going to have lawsuits because we can't we don't give people people their permits or stuff it this we're just creating lawsuit after lawsuit by telling people they follow you're making my argument for me my argument is to minimize the damage from those argument from those lawsuits by making sure we very wisely allocate those those uh permits to the most valuable properties that we're likely going to have to pay for so your argument was the other night you you had five lot dedications in my book there's 10 Lots at question there because each one bought a lot so that took that each Stone took off all those lots okay I think we're drifting off of the schedule hey you guys had an opportunity to talk and you didn't want to talk about it last night or Tuesday night okay I'm jumping in the two you stop okay because you're never going to agree with him okay all right he's not going to agree with you so can we move forward let's move forward with the motion then and then I'm going to open public comment when I finish uh additions and deletions a point of order can we call for a vote then hey Elizabeth I'm trying I'm saying move forward with the motion would you give me a second or ask permission the motion was made uh by councilwoman jol and it was seconded by Council uh member right and I just said let's move forward with the motion okay I'm asking I'm trying to ask I am the mayor running the meeting but I'm getting cut off Elizabeth would you show me some respect and please ask to speak please show some respect okay Chris we're going to have public comment minut we got to finish uh for deletions in an emergency addition okay so Marne we have a motion and we have a second would you please call the role please okay council member Elizabeth Jolan yes council member Mark Greg yes council member Henry rosenal yes vice mayor Sharon Mahoney no and mayor buddy Pender definitely no the motion passes three to two Okay I do want to mention that obviously if there are any other administrative relief applications that come in during this time frame we would have to deal with them as they come up um uh so I would just want to make sure that the council is aware of that uh if there are any additional ones I don't know if there are any that are coming eligible but I want to make sure that the council would wait till the night they show up so so let's so thank you for bringing that up John and um again um it sounds to me like we need you need some direction from this Council to say we don't want to hear those until this date certain that we just determined and and I'm saying that because in our meeting you made it very clear to me that without Council Direction you couldn't make you I don't know you you didn't have control over when they came onto the agenda which I put which I disputed and so to be clear it's only fair to these applicants that we don't hear any we don't have we don't have a redo of this situation Mr Quick what we need to do we need to send him certified letters right right away I believe or you can check it out that we are postponing this and they should not the dates that they're allowed to apply has all changed until these new rules are put in place what I would ask if if if the council wants to extend these to additional ones is for direction uh to me to prepare a um uh a moratorium on um new administrative relief applications and that moratorium would also toll um if they if they become eligible during that time period it would toll the period because they have a short period to apply of 120 days would toll that so I would ask for that direction which I uh we could we could then begin to prepare and bring back you need a that um I I'll I'll make your Mo yeah I mean I think it's probably safer given the the split on this in that way I have I have clear direction to bring back a moratorium on that so moved as you stated I'll second it for sure we vote on now okay so John what's the motion it it's it's a motion to direct um legal to prepare a moratorium on U uh acceptance of new administrative relief applications um uh and to bring that back for council's consideration okay it's not it's not approving the actual moratorium that obviously has to go through the regular process right some of the let him finish some of these things John are connected with B pass no inadvertently I mean can we include bass as far as that moratorium coming up that's coming up we already have it yeah we've got one on market rate and actually there's on the agenda today there's an extension of that one for your consideration I just want to make it clear to the public as well as the people sitting here y okay so we have a motion and we it's a it's it's a motion to direct legal to bring back a moratorium on administrative relief uh for for future consideration by the council okay Marne we have a motion in second call the role please council member Mark Greg yes council member Elizabeth Jolan yes council member Henry Rosenthal yes vice mayor Sharon Mahoney no and mayor buddy Pender nope motion passes three to two Okay so that's over so uh I I have something that I want to add to uh the additions and in a minute we're public comments coming up next let let me finish this and I'll we'll we'll have you come up I understand I understand okay so my what I'm going to add is I'm going to read my letter uh for that my ethics was released I have a letter in my hand from the ethics commission right here that it was there was no probable cause and it was dismissed this is from the chairman of the ethics board so I'm going to read it either that I'll have Mr Quick read it okay this is from the commission on ethics uh in re Joseph B Pender 3 respondent public report based on the preliminary investigation of this complaint and the recommendation of The commission's Advocate the commission on ethics find finds there is no probable cause to believe the respondent while serving as a member of The alamada Village Council uh in alamada Florida violated Article 2 Section 8 H2 Florida Constitution by using public funds for his election campaign and that there is no probable cause to believe the respondent violated section 112. 3136 Florida Statutes by using public funds for his election campaign as alleged in the complaint accordingly this complaint is dis missed with the issuance of this public record ordered by the state of Florida Commission on ethics in public session on Friday April 19th Ashley Lucas chairperson of Florida Commission on ethics so uh I I just wanted to read I asked Mr Quick if he wanted to read it he told me I could read it myself so I just want everybody to uh know that it was dismissed on the 19th all right thank you you does anybody else on Council have anything they want to add or delete I do so do I go ahead go ahead okay um I had talked to John quick and Mr Cole and I think this is a perfect time to just have a short couple minute discussion about administrative interference as today I've had a lot of people call me and say that people on this Council have been in improperly approaching the staff asking for things and I think we need some clarity as to what the council is allowed to do and what should be done so that way in the future if somebody does something wrong they get their little wrist slapped so would you please tell us the procedure sure under uh under your Charter um actually I'll pull up it's uh section five subsection 12 there's a provision actually in your Charter that says non-interference by Village Council uh I'll read it so that everybody's aware uh except for the purposes of inquiry and information the council and its members including committees thereof are expressly expressly prohibited from interfering with the performance of the duties of any employee of the village government who is under the direct or indirect supervis vision of the village manager or Village attorney such such action shall be malfeasance within the meaning of Florida statute sections 112. 317 and 11 12.51 so the way I interpret that is um and I Rob can speak if he if he feels differently is uh if you're if you're looking for information um you know something that you know can I get a copy of the bass list you know what can I get a copy of this that's something you can certainly go to the department heads uh to get um if there are questions about um uh applications or items that are coming before you and there substantive discussions all of those should e should go through uh either the manager or the attorney depending on whether it's legal or anything uh outside of legal would all go through through the manager um and then the manager can either address it uh himself or he can can then filter it through uh staff as he sees according uh he sees fit uh to address any of the the items that may come up I cover and I'll add just one thing that same language will be shared with all the staff to make sure that they're aware of it and what the boundaries are for those contacts and if there's any concern at all that uh uh that may be occurring we'll encourage staff to let us know and talk about that uh and resolve it in an expedit way thank you and Mr Cole I have something i' like to add to that if out of the ordinary if we're not asking for public information requests or stuff like that but if if if if there is anybody any councel that is trying to direct staff then I believe that they shouldn't have a meeting with staff without you being present or John quick being present correct uh Council should not be directing staff because they report directly to the manager I report to the Village Council so the council directs me I direct staff to the extent that a meeting is needed to you know dig to the Weeds on a particular topic with a single council person in compliance with the Sunshine Law yes a manager should be present in that meeting as well so just so the public understands that you work for us you and Mr Quick work for us and we come to you but the staff works for you you are the staff's boss right correct just so the staff that the general public understands that all right all right anything else vice mayor no all right Elizabeth you had something else yes thank you um so we have um later on in our agenda here we have a we have an item that talks about U making decisions let's see it's it's Tab 8 reservation of early evacuation affordable allocations for V Village use and I would request that we pull that because what we just did was direct our our planner to um actually make a plan for how to use these most strategically for the benefit of the town and there are a lot of creative ways to deal with these out these affordable allocations to mitigate the potential for future takings claims that that that we will that we will have um because we're out of a market rate allocations and so so this is premature and and we have been put into a position to have this conversation in another scenario this wouldn't even be on here because we haven't done this analysis we're handing them out with with no with no um with no analysis for how to best use them and and just to remind you um you know the county is withholding their the their units their allocations and making a plan for them before they start giving them out and and I would just request that we delete this item so so here we go again people showed up with their attorneys with their their uh this doesn't have anything this doesn't affect yes it doesn't affect anyone here no no one is getting these tonight and no and maybe Jennifer can speak to the well actually hey Jennifer would you like to speak to this sure it's tab a please sure it's tab B I believe you're referring to tab what's that Jennifer I believe it's tab b b um this was an item that um was requested at the last meeting by the council that the staff look at uh what how many of the early evacuation affordable units we could potentially reserve for Village use so after that meeting staff did an analysis of the um uh bass list and the number of lots on the bass list and how those would play out and also the uh lots available for affordable housing on the list that was uploaded to the website under the live local act and then that's how we came with that number um you know this was solely at the request of the council at the last meeting so if the council is unhappy with the the direction we took we're happy to relook at it or do something different I would just point out that that we just requested for the planning department or that whoever they however they go through that to look at this very issue I mean there is not even in this again I I I'm I'm a little frustrated with the fact that that I'm being asked to approve something I mean is this first come first serve where's the system there it's not in front of us and and you're put in in a in an UNC uncomfortable position to have to vote on something that is incomplete but but our staff's recommendation Elizabeth staff recommends approval of the attached resolution I don't if how much time and money has it taken them to prepare this document and we're just going to throw it out the window if you've read it you will ask the same questions I do and we literally just made this this this request of our planner to use this very issue in in their analysis for how to best serve the community staff I shouldn't be on the council that's the way I feel I have a question um I'm not clear on exactly which one you're talking about because there's couple of early evacuation ones I I we we promised Mr Collins and the Coral Bay Marine we were going to make his problem go away tonight and we're going to do that all in I'm all in for that and so whatever this and and what I think is happening I think there's some typos here because because what the because some of this is um which tab please so tab B because these are interrelated the point and maybe you can help me because Rob I just want to interject something before conversation continues this tab B is basically a a stop Gap that allows the village to reserve a set number of units uh for ourselves to dispose of as we deem uh appropriate as we continue to work through all of the affordable housing and and other uh allocation questions through the month of August and September uh the moratorium that we've talked about and have directed Council to bring back at a future meeting would not cover those so this doesn't award them to a a a particular entity pursuant to a request this simply makes a reservation of a set number uh that again allows us time to work through the issue and consider and make recommendations back to Council on how to handle the balance of them but again with a reservation in mind and that's all I wanted to yeah and if I could could just interject that there's some confusion about what you just said there um um okay Elizabeth take a break a minute Henry go ahead okay he been I'll just I'll just rather than the city Reserve 50 allocations I suggest that the city take all 300 and reserve them there are people individually reserving these things let the city decide what they want to do with them not individually Reserve all 300 right now and get it over with and then we'll deal with it as time goes on all 300 I'll I'll I'll repeat that for the gentleman over over there all 300 he Elizabeth hold on let him finish I think he is finished are you through yes I am he's speaking to the point that we just that we we just literally well at least partial this Council just gave direction to analyze how we using those afford the early evacuation affordable housing units we ab and and and in this tab we're actually making we're we're being given the opportunity to say yeah sure take hold 50 off well once you do your full analysis which is what we've just asked her to do we might decide as a community we should decide right this minute wait hold off let's we're we're doing an analysis we just gave her the direction so how is it that later on in the agenda we're going to hold back 50 and I don't know give out the rest or something there this doesn't make sense so I would like to pull that item and we all want to give Buddy his we already said we're giving Bud buddy gets his stuff we and I don't exactly know where which tab is going to allow buddy to take his stuff but he doesn't even he's not his his his allocations are for with affordable housing they're not early out affordable am I right about that they are they are early out affordables tab a it is tab a left no we have early out you're borrowing forward from quarter 2 early out affordables for Coral Bay Marina that is tab a yep that's tab a right here one through eight yep Jennifer thank you are they coming from they're coming from they're coming out of the 300 says right here early awarding eight early evacuation affordable housing unit permit allocations for quarter 1 of 2024 of the building permit allocation system once we do that then we're going to have 292 correct correct okay now we're talking and just as a followup on the the reservation in terms of using them versus not using them I want to uh make sure that council is aware if we if they are not reserved that means they are available for use for somebody to come and apply for them if if they are allocated for that time period um if they are reserved then they are held by the village for us to use however we might want to use them um so I just want to make sure that that that's clear that if if they're reserved we have them they're not available to the public and there's no because we haven't done an analysis how 50 there's no justification here for 50 versus three if I could just finish I mean I am in the middle of a sentence to speak so so do I buddy and we all we're not in a rush we can be here all night perion before you just start talking you don't even look and ask me you just start talking please other counsel people like to talk I'm not trying to be hard but Elizabeth we got to start respecting each other F respect okay Mr Cole would you please speak and I would request that I could finish that sentence okay in a minute go ahead Mr I I am I am I am I this is unacceptable I would like to point out that this is absolutely unac I'm running I do not appreciate okay I don't appreciate you talking out Mr Cole would go ahead you have the mik you have the floor um I just wanted to highlight that um planner Dean does have a a justification that she can relate for the 50 and in addition to that while it was a staff recommendation for 50 that number could be anywhere between 50 or zero I should say and the full number of the allotment that we have and so council could say after Jennifer explains her justification we're not satisfied with 50 we want to hold all of them back and that kind of decision could be made once this item comes up for discussion if it's not pulled if it's pull pulled just to reiterate what a legal council has advised then we have no such protection and those can start being reserved while we wait to revisit the topic later so I would encourage Council if you're interested in reserving some or all to allow this item to continue and have that discussion once it's opened up and decide what the right number is rather than zero um understanding we'll also uh discuss that as that that broader process continues but this just serves as an emergency stop is is basically the primary purpose of it okay Elizabeth you got the floor oh I Mark did you want to ask if you ask question about I think you need to ask the mayor if you can speak I think that's our process now hey Elizabeth you want to keep on Mark do you want to speak I you said you wanted to speak let's take the temperature down yeah you know what you you don't just you guys don't just talk you need to ask respect people I respect you let's take the temperature down please we're not going to make any progress if we get well hey take it easy we got all night you guys are the one that's cutting in take it easy come on Mark don't tell me to be easy I'm running a meeting you want to speak or not you you are our leader I'm just requesting you got the floor Mark okay thank you I I merely wanted to ask a question I what I'm sensing from Mr Cole is that I believe we could achieve the same purpose you're advocating for if we were to in fact keep the item on the schedule vote on it but Reserve all 292 remaining units for the village we would then have control over them they could be incorporated into the discussion that um that genifer is going to be working on for us to come back in October and we don't have to worry about him getting snatched away from us from anybody is that a functional equivalent of what you're looking for Buddy may I speak now go ahead Mark thank you that is a fine suggestion I will remove my request for deleting the item I appreciate your explanation you're welcome okay come on guys let's take it easy please all of us me too me too I'm guilty too please no you know what every one of us we're we we are on this Council we can't do anything about previous councils we have to deal with it it's just some of it we all see through different Islands but I want respect up here and I've it's been getting to where people just talk out and they don't ask permission Mr Cole had his hand up before you even started speaking he couldn't speak because you were speaking that's all yeah yeah okay so anything else any other deletions or additions okay with that being said it's closed so now we're going to open public comment okay we have signed up um Joe wishme Van Cadenhead Ty Harris uh then Holly Ernest Jones Joe wishm Plantation key Mr Mayor and Council first I would like to commend our new Village manager on his weekly updates and progress on items on that list in his short time as manager he seems to have made more progress than this Council has in almost two years for example the baseball field that was apparently going on for years with Council and the public being kept in the dark hopefully he can look into how one Village building official can sign a form approving the changing of the tea table flood plan on a low-lying island with bone artifacts on it from a vzone to an azone without counsel or LPA approval this either needs to be rescinded or deny any further development on the island hopefully this Council will take notice and start using Tuesday meetings to discuss Capital critical concern items along with items on the after Action Report Tuesday meetings are labeled Village Council meetings that should mean that they are used to discuss those types of issues Thursday meetings are labeled land use Village Council meetings this is when any issues involving land including bypass and allocations should be discussed maybe by doing that you can resolve more critical issues other than developers best interest what happened to every council member making a list of their top three important issues and bring some of them up at every Tuesday meeting again I do not know who is responsible for making agendas but I do know that council members can re can request certain items be placed on the agenda in the past some of these requests got turned down by the village manager I have all the confidence that will not happen with our new Village manager take advantage of this great opportunity to promote and discuss issues important to the community for example whatever happened to the noise ordinance we had a very informative workshop and then nothing has been done ever since restoring confidence in our Village Council manager and staff is a must and with Mr Cole's influence I think and hope that we're headed in the right direction it is election season so tell us your priorities follow with them and put your best foot forward thank you thank you Marne who's next please Ty haris thank you Van van said for Chris I to go before him again Ty Harris with law firm of Tai Harris PA 110 Plantation Shores drives havir Florida I'm here today representing the Jones family and particularly Jessica Jones who's third generation whose application was supposed to be heard at the end of your agenda tonight as part of a quasi judicial item this is not legislative this is not a ministerial this is a quasi judicial item um I can tell you right now what you've done by invoking this the beginnings of another moratorium is not going to impact the two these two items what you've done under Florida law is called you've you've you've instituted the red flag Doctrine which is a zoning term of art that says any applicants are now on notice that there could be a change to the code that change cannot be applied retroactively to these two applications so you kick the can down to October 8th the same rules that are here tonight are going to be the same rules that you're going to be applying in October and you didn't even give them a chance to to you didn't give them the respect to up or down their application and here's the thing you had multiple choices other than purchasing the property you could have taken away the negative points and left them in B pass but you didn't get that opportunity they didn't get that opportunity so this is a dangerous precedent what happens when a site plan comes up here that's quas judicial and maybe you don't like it are you going to indefinitely delay it so that you never hear it they never get their day in court because when you're listening to quas judicial you're sitting there as judges there's a legal standard there's a competent substantial evidence standard and you have completely ignored that in your actions tonight and I will tell you symbolically I'm going to send you my legal bill for tonight for the Jones thank you thank you Ty who's next Chris yes Chris chantin good evening councel uh good evening staff um I don't know I guess it's been about a year since we started this process with me um came to you guys you know we talked said hey what's the best route to go forward you guys said hey um let me get back to staff we gave some options okay um we'll come back come back around all right we came back around we're like okay Chris you know we let's just let's get appraisals that way we can come with a fair market value and either buy you out or give you your permit okay no problem give us a couple months give us you know till January February okay well the appraise will took a little bit longer but promise next meeting we'll get this situated and and we'll move forward with something all right you know I understand you guys are busy let's do what we got to do um I know there's more administrator relas coming I'm sure we're going to figure out something but no problem let's do it so here we are you know the next meeting you know I I feel like we we've all been working together we've you know lot lot of things been happening obviously a lot of things getting shaken out we've stopped B pass we stopped administrative relief now we're stopping affordable housing so pretty much it sounds like there's not going to be a permit even issued except for a commercial till sometime after October correct me if I'm wrong but you know like I said uh you know I've been here a long time I try and work with you guys but to some extent like come on there's like I said families here there's people here you know I mean how long have you been waiting on your permits I mean I hope I hope you get them you know because yeah8 right so you know just just to do this like I understand like I understand I deal with the county and the county for everybody the countyy is still giving out permits yes they they switched it back and they only give six permits certain areas and doing stuff but they're still giving out permits still permit to come out every quarter and they're having the same issues like same issues go to the same meetings they have yes they have a lot more staff and it takes a lot longer to get anything done there but the same thing so just want to say like you know I appreciate you guys respect you guys but you know I don't feel the respect back and I don't think anybody in this room does either so just putting that out there you know I appreciate you guys time and like I said I didn't go to my kids' baseball game playoff game because I thought we were going to come here and and get somewhere but here we are so hope we get something done soon thank you Chris for your patience next up is Van Caden HUD good evening I'm van Caden head from Isa marada uh I have here in my hand the lease staging area agreement between Isa marada and getic Contracting uh for the island silver and spire price uh property and uh it it says a lease contract now a least uh tends to be uh both sides benefit in some way and the people of Isam marada were told that we could have uh meetings and charettes and Community input on what we were going to do with this 2.75 million dooll purchase of Irene's and Georgia's uh Island silver and spice property and I tried to help Henry get it because I think it's important that the The Village have that property what happened after that is what I'm here to talk to you about what happened after that was the taking advantage of the people of Isa marada and cocking them over the couch for over a year and with this agreement here which I just got to night and no one in the village has seen it that I know of that is aware of the the stipulations in here uh it's the the least use article one says there's supposed to be uh no structures or improvements well there's been trailers on that property that's a structure for at least the last year and because they've made it their their construction headquarters of their staging area for their fill and their and their equipment and their and their other things um and it says section 1.3 uh the contractor will not cause or allow to be caused any uh nuisance or OB objectionable activity of any nature on the property I say for the last year we have had a nuisance and an objectionable activity on that property we've not had any traffic study about about the center of Isam Mara becoming a staging area for the pipeline line that wasn't discussed when we bought the property for $2.75 million no we were talking about affordable housing we were talking about a parking lot with with electric charging we were talking about having Community meetings we were talking about shets we were promised that for 200 for $22.75 million that just went away into the into the mist and and the people of alam marada have been cocked over the couch for since we bought the property now the terms of agreement uh General uh comment here section 21 I I've I asked and you know that I've asked from here when are they going to leave well the answer I got was they're going to leave in March they're going to leave in March so here it is May and I'm going gez you know I mean they should have been gone six weeks ago they should have cleaned out this thing six weeks ago but no that the term of agreement says uh continue this agreement will continue in full force and effect until March 15th 2025 so they have this agreement for another year we have to put up with this scrap for another year and without getting paid one penny because in this in the article three it says compensation obligations due to the public nature of the project the contractor shall not be obligated to to pay a public a monthly fee your your okay okay I I clocks ran out uh well I'm just saying that that you you you can uh uh stop this within 30 days you can you can terminate this contract this this agreement within 30 days because I think the there's been shown cause and and for for somebody to say that that they're going to be out of there in March and not say that it's March of next year that to me is fraudulent misrepresentation and that's the people of alam marada being cocked over the couch for another year and I'm well okay well listen this this is taken I I'm trying to show you respect sir but you got to respect the people of alam marada if you not I'll just ask Derek to to to of course you will yeah yes that's right Henry what do you have to say guy thank you I I appreciate what you said van I looked into it I had the manager look into it and I will allow the managers to speak to it well I think Dan accurately describ the sections of the agreement for the most part uh in that it is good up until March of 2025 the contractor uh he mentioned is the one that that uh contract is with and uh they have authority to use the lot free of rent because it's a public benefit I would add that typically um even outside of aam marada when you're dealing with a public utility uh there is a partnership there because costs are really borne by the taxpayers no matter which way it goes so if there is an available space there's typically a a commitment to working with one another to solve that and uh it's even possible that I may be reaching out to fkaa to gain access to a piece of their property um and negotiate terms for that so um it It's Not Unusual it's has a Time certain and has conditions and it's with a contractor for fkaa with a public purpose go ahead go ahead Henry finish the manager and I attended that same meeting as well someone in the audience look at me you you were there as well and uh they dictated that condition should be completed in March of next year there is no Monetary Exchange in those agreements that was one of the things I was looking for and uh I guess we have to kind of live with it unfortunately uh I'm certainly not in favor personally and if we can obtain another location that is being looked into as well for Ev leaving uh where sugar and spices so I I just a bit to bring you up and the manager and I did look into it within day of this meeting tonight so that's what it is so I thought there was a monetary exchange of some kind from the from the uh Aqueduct to this new contractor but that that did not hold so that was our input with it so go ahead do you does everybody here know why they're there because clearly you don't um I would say it was almost when I first got on Council the people who own theater to see happened to be very good friends of mine very good friends of mine and um they had given the area near theater the sea for the do death dot property right there for them to use to hold the materials and everything um our manager at the time did not think the lives of the Dolphins at the theater of the sea were very important um they had sent several letters saying the coral dust was making the Dolphins sick they were all on antibiotics some of them not doing very well and they were going to die if something didn't happen so I called Ted Yates and said this is a bad issue he said well I'm not going to say what he said but he didn't care about the Dolphins so I took it upon myself to figure out the solution I guess I'm the one who suggested Island silver and spice because I don't think anybody in this room can stand up to me and say that the theater of the sea does not bring in a bunch of money for this community has given to this community every time I have asked them for something for one of my tournaments they give me swim with the dolphins they give me free entries to benefit this community that island and silver and spice property was used because it was going to kill the Dolphins and it was the first piece of property we could find to move everything to to save the dolphin so if it they have to stay there I will fight anybody in this room if they want to kill those Dolphins because it was the smartest thing we could do I think Buddy Pender helped me do it did not have the support of a lot of the other people on the council no one thought it was important but I did well whatever now Henry did you were out of town so you weren't involved I spoke to Ted from my well whatever I'm not concerned about that right now and I apologize if you we're on board but we are there for a perfect really good reason and we're going to stay there there until they go through where the theater of the sea is and those dolphins are safe so there's a true story yeah so I'm okay I'm GNA wait a minute van I'm going to chime in right now because on my watch there's not going to be any dead dolphin the veterinarian called me and Beverly called me and Kenny called me all right and you know what I said I called Ted I said Ted man we need to get this done as quick as possible because I'm not I grew up there they've been there ever since I've been in kindergarten I mean they had a 99-year lease they got another 99-year lease they got it from Alonzo cine and we're not going to have dead dolphin on our watch okay uh then we really would look get get bad press and you you talk about things but here's the other thing was okay now they're working with the project manager Aaron Cutler who is the project manager for this project who is in touch with Beverly they're they got a program they got you know the dolphin are going to go on antibiotics when they're trenching they have to trench by there we're all trying to work this out that was all about moving they needed a place to move all that dirt because it was going to turn into a major lawsuit and if we had dead dolphins in our town that have been there for years that would have not been good van and I don't think you would I think you would also agree that you we're not going to we're not going to have that that the the sea has been there for many years so that's where we're at buddy we're we're we're sir uh really we're not supposed to repon resp go ahead van go ahead Henry said well you you mentioned uh what I'm going to speak to that they're going to have to trench by there anyway again and that dust is going to be the same problem that we had now wait no wait don't interrupt me please the There Are Places uh to leap frog that project there's there's uh just south of uh uh Port of viota there's a large open area which could be leased but they're going to pay for it and there's a there's also a larger open area to the north of the Marlin store that could be leased as a staging area now they're past the the uh U Island silver and spice project there at at Whale Harbor so everything that they should do should be shifted North and to have this project linger for another year of them driving back south to Island silver and spice and then back North it's logistically stupid to to begin with and and there are other ways to do it now it's not a a the responsibility of the people of Isam marada to to uh take care of what geomic uh engineering can that's their problem they should they could excuse me that's good enough these are inner agencies the we were trying to help the aqueduct so we get good new pipe in the ground I understand so that's I went to I went I went to I went when I was when I was in eight years old I went to this theater to see myself I don't want to see anything bad happen there either man thank you all right Marne who's uh who's next public comment Marne Holly ernes Jones Holly 33 Flamingo hammock Road good evening everyone I wanted to start off by saying thank you to everyone for being here tonight I appreciate everything each one of you do for our community and I don't envy you for those of you who don't know me my name is Holly Ernest Jones both studs of my grandparents moved to ISA marada in the mid 1950s and 60s I was born and raised in the keys and graduated from Coral Shores I currently work at Ocean Gardens in Isa marada I purchased a lot on April 1st 2019 the previous owners had submitted plans into bass and had received a permit but failed to pick it up and it expired when I went to the Village they told me that I had to resubmit to the bass program and wait from my turn for a permit so on October 24th 2023 I'd been in B pass for 4 years I was told that I couldn't do anything until the following quarter on Monday January 1st 2024 I submitted my administrative relief paperwork and paid the $1,500 fee I was then told I have to wait until quarter 2 2024 to go in front of the council for their decision I had to put a sign out in front of my property and send out letters I have been counting down the days for this moment so obviously on Tuesday at the Village meeting when I heard about a proposal to push the decision on my property back further that was gut-wrenching I have now been waiting 4 years and 7 months for a permit that has already been issued once before like many of us I've faced my share of hardships tonight each of you council members holds the power to shape my future and the culmination of my efforts it's not easy for me to stand before you tonight but I find myself with no other recourse I humbly request that you consider the gravity of my situation and kindly vote in favor of my proposal your support would mean the world to me thank you all for your time and consideration thank you Holly thank you who's next uh Marney Don Horton I wasn't going to speak tonight at public comment but I feel compelled to I'm Don Horton 47 scooner Bay Road and although uh he never visited my house like he did yours Henry I'll let you know that the previous planning director did not have a plan uh he didn't have the public meetings scheduled for the future of bass like Jennifer has presented to you guys and I'm thankful that Jennifer has drafted the timeline and I applaud her for advancing something that no other planning director has done tonight is proof that elections have consequences planning director is doing her job well and surely your comments toward her tonight are in retribution from her having to tell the truth during testif testifying against you during an Ethics complaint thank you am Mary anybody else no sir that's it all right with that being said public comment is now closed so we will move on to mayor council Communications uh Mr Cole thank you mayor I'm going going to defer to clerk McGrath for her to walk us through that item uh we had a little bit of discussion at our last meeting and uh she has the next steps for us today Marney thank you yes so we had started um briefly talking about the Council liais on positions and um it was decided to move them to tonight so we have for your um discussion to um decide on which Council members would like to be Liaisons to which committees so there are seven committees needing um a Lea on we see the uh role to be more of a collaborative um facilitating role to help the Committees and the council feel like they have um common goals and you know it's two-way conversation so that is the point of us trying to get this done and of course it is also in the ordinance so um we bring this forward for you tonight I hope that you've had an opportunity to give some consideration to which um committees you would like to be on and um I'm here for more questions okay Marne is there a list of the different uh committees oh go ahead I I just wanted to read the section of the code on Lea on so that uh you have that uh before you it's on Section 2- 334 uh and entitled council member liaison says the mayor shall annually appoint to each board committee or commission a council member liaison the council member liaison shall provide periodic updates to the Village Council on their appointed boards committees and commissions as requested by The Village Council okay so Marney when is the time frame you need this by there is not a time frame specified and the ordinance and I did pass out an uh list of the um did you give it to us the other night no I put them out tonight before tonight's meeting okay probably okay thank you rob okay so can we can we do this within the next week get you whatever Council would like if if somebody wants to be on a committee wants to be a leaz on can they just contact you or do do do I have to pick them John yeah yeah you appoint I mean certainly I would it's up to you I mean but you might want to take into consideration Council interest council member interest to the boards um but uh yeah you can appoint and uh you know all you have to do is is notify um Miss McGrath and uh and that those appointments will take place all right so I'll look at this list that I just you know that she gave us tonight and then Marty I will follow up with you probably Monday okay that's great thank you thank you all right so anything else under uh mayor council communication nope okay let's move on then let's uh have Village attorney Village manager none I see none okay alrighty so let's move on to tab a then Jenifer John you g yeah let me I'm going to read the title and then I'll turn it over to Jennifer uh AB a is a resolution of the Village Council of Isam Mara Village violence Florida approving residential building permit allocation system rankings and awarding early evacuation affordable res residential building permit allocations for quarter 1 of 2024 borrowing eight units from quarter 2 of 2024 for allocation in quarter 1 of 2024 and providing for an effective date good evening Council Jennifer dorrian planning director I'm here this evening tonight for um the resolution to award the early evacuation affordable residential building permit allocations for 1 of 2024 pursuant to section 30- 475 of the village or code of ordinances The Village Council is required to take action after reviewing the building permit allocation system evaluation report pursuant to ordinance 24- 06 adopted on January 9th 2024 30 early evacuation affordable housing units are made available for 2024 through the village bass at close of the bass quarter 1 of 2024 one application for a affordable housing units in in the B pass Q awaiting award that application is permit number PC o 2021 01386 for Aero development Incorporated it's for eight affordable units the property known as Coral Bay Marina section 30-4 c5h of the village code allows for the Village Council to award allocation award additional units from future residential allocation periods to fully Grant an application for multif family residential where the applicant seeks more units than available during application period so this in effect is you borrowing forward from Quarter Two if you remember on Tuesday night you adopted an amended distribution schedule for those the 30 from the 300 that are available in 2024 those were to start for distribution in the second quarter so you're borrowing forward eight of those 30 from second quarter to award tonight to this development so again at the close of quarter 1 of 2024 there are two affordable residential I'm sorry one affordable residential bass allocations available for award the proposed project requires eight affordable allocation the applicant is requesting the Village Council to borrow eight early evacuation affordable housing units from the available quarter 2 of 2024 allocations to be awarded in this current allocation period and at this time staff is recommending approval of of this resolution okay council do we have any questions for Jennifer on this Okay no Okay Henry I'm in concurrence with accepting it okay all right so we need hold on there's a typo it's just a typo but it has to do with you and you're pretty actually it might be what I was going to chime in about council member Rosenthal is it that that Mr Greg is on the list yes yeah it and and the reason for that is that this list is from quarter 1 so the determination of the council at the last council meeting took place after the close of quarter 1 so that's why uh it's listed on there um so that as it currently sits that decision is reflected in the bass list and and Mr Greg is not on there so I was going to chime in to make sure everybody was aware and also to make sure that the public was aware that Mr Greg's not on so obviously you can you can vote on this refer to it as a typo yep okay thank you I think he got lots the phone calls about that today already um okay so with that being said is there any let's open public comment for this tab any public comment Marne yes Joe wishme and Don Horton okay yes Joe wishire Plantation key uh regarding the awarding of the early evacuation affordable permits seemen how if I recall right he had been requesting this and you were going to Grant it to him before it was the early evacuation but you only had seven and he needed eight so therefore it was going to wait so even though it's going to be early evacuation I believe that he does meet those requirements that is required for that so I I would wholly support that you're passing this tonight thank you thank you Don uh Don Horton 47 scooner Bay Road and I appreciate you finally bringing this up again and I thank you so much for um having this on the list and I certainly hope that you will allow a hardworking citizen of this town to build eight affordable housing units on his property out of his own Dollar in order to house his Workforce thank you thank you Don anybody else Marne let me double check on Zoom but I don't believe so are we done I was going to move to approve well that's what I was going to say I was a motion Henry you second it I'll second it sure all right so Marne we have a motion in a second would you call the rooll please hey vice mayor Sharon Mahoney yes council member Henry Rosenthal yes council member Mark Greg yes council member Elizabeth jolen yes and mayor bu Pender yes that motion passes 5 to zero thank you all very much okay uh we're moving on to tab B tab B is a resolution of the Village Council of Isam Mara Village violence Florida approving the reservation of building permit allocation system be pass early evacuation Workforce affordable dwelling unit allocations to is marata Village of islands and providing for an effective date good evening Council again Jif deor and planning director here this evening for the resolution for the reservation of early evacuation affordable allocations for Village use as you may recall at your last meeting in in what are we in May in April uh the village uh Council asked staff to look at the when I had brought forward a resolution for reservation of policy guidelines the council asked me to look at the possibility of reserving allocations specifically for Village use for beneficial use and for the construction of Village uh affordable housing on Village owned properties so we uh took that to heart and we went back and we looked at the uh number of market rate allocations um that would be a available for administrative relief um and then the number that we have in the bass and then the one the amount that we have under market rate from the Key West uh uh Key West uhou so we have uh a total of 62 on the bass list we have 23 available for administrative relief we have 10 market rate available from the Key West decision which leaves 29 potential uh available that we would need some kind of beneficial use for and then as far as Village owned properties you may recall last October we brought to you a list of properties available for fill affordable housing the council adopted a list of four properties of those properties too are available and would potentially be available right away for uh development of affordable housing without rezoning or special approvals those uh Parcels would be available for developability of 19 units based on that the uh staff determined that 50 would be an appropriate number at this time to reserve for Village use keeping in mind that currently within the permitting system within the playing Department um we have um approximately um 15 um units affordable units being reviewed for uh conditional use permits uh under review right now that will come to you at a later date sometime likely this year uh for three different projects so we have those in the system we're proposing 50 so that's 165 and that would leave I don't have I'm that's why I'm a planner and not a mathematician so let me do that math real quick if somebody knows it they can yell it out but thank thank you so that would leave about 127 so so that's where we're at at this time we would recommend approval of the 50 for reservation for Village use uh also we're always open if the council would like to reserve more for Village use that's fine as well um those were just our numbers that we came up with all right thank you um Marne let's open public comment is there anybody to speak on this tab let me ask Jenner for a question um the 100 and whatever you said those are for the hotels right The Islander and um so yeah crop anchor we have um 43 for a potential for a vacant property next to the Fisher Inn uh 50 for The Islander Creekside and 24 proposed at uh tea table or Sunset I'm sorry sunset in sunset in sorry okay public comment is now open Marty we have yes Mr wishm good evening again Joe wishm Plantation key um this is going to sound a little redundant to your earlier conversations I'm I'm hoping that I understood it correctly but as far as the reservation of early evacuation affordable allocations for the village use with all the concern about takings and future lawsuits due to the lack of bass permits the village should Reserve every permit possible until a plan on how to deal with this potential crisis is made think of the monetary concerns and the future of this Village and its residents and do the right thing developers have had their way in the past and with our current infrastructure with water sewers schools Etc it's time for you to do the responsible thing and ensure our future so I heard earlier that y'all were talking about reserving all 292 that were left and I suggest that would be a great idea that way you're in charge of them instead of anybody coming up and reserving them thank you thank you Mar anybody else no sir oh sorry Ty Ty hi Ty Harris 110 Plantation Shores Drive um out of those three projects that you heard I represent the only one that represents new construction that's the vacant lot just south of fiser in that's Michael hully the plan is for 43 brand new units constructed specifically as Apartments um we've done a lot of market research uh some of those are going to be Studios most of them are going to be one bedroom and then there will be some two-bedroom units I am very concerned with how this Council has been moving the goalpost on everybody that we're going to have a problem I've been in he's been in for eight months um I don't want to have to tell him that that now his project is subject to the whims and the politics of Island marada I mean and I'm afraid if you're reserving those units that's exactly what's going to happen and the other part of this is that I don't think most of you understand or even really have considered live local you know unlike a lot of other development uh legislated there's a carve out for the keys because we're an area of critical State concern there is absolutely no carve out for Monroe County and Isa marada and weissa actually has a very very good presentation on how live local Works um it's not specifically Geared for the keys but it doesn't have to be because you're not you're not exempt from it so when you talk about reserving units uh you really need to understand how live local works with with our area critical State concern and be very cautious about Turning Away projects uh Elizabeth asked a question earlier that begged how many units does the village need that number is in our in our old comprehensive plan and it was over 1100 over 1,00 that's the number and that's from back then so that need has only increased and so we don't want to do anything that's going to call or risk um these projects from coming into fruition it's one thing to convert an old hotel because you're going to build new new uh units for tourist and and hotel units it's a whole another project when you're taking on the risk to build an entirely new building where your return on investment isn't going to be in a year or two years it's an investment in this community where you're probably not going to see a dime of profit for the first 10 years because of high construction cost and high cost for um the land so please don't do anything that would discourage these other opportunities cuz there are other properties that may want to do this and and what's the purpose of reserving them the County's trying to reserve them because they want to convert them into something else and then those would be units that could be traded off to settle takings claims those units right now as they sit cannot be used that way they they're contemplated to be used in an apartment in multif family buildings so how are you going to give one to a single family owner because they wouldn't qualify under the conditions that are attached to the early evacuation units so what the countyy is going to do is is try to convert those to something else we actually need the units our comp plan says we need the units please don't don't throw any more uncertainty into this mix because these people watch these meetings and I've already seen hesitation to invest in island marada in reinvestment in Island marada just because they see how this Council acts and it's not not aimed at any one of you it's just what the overall perception's like and affordable housing is one I think that we can all agree on this is one where you know this should be a win for everybody so let's let's keep it keep it moving and let's make sure it's a win that all five of you can be proud of thank you thank you Ty Marty who's next that was all I have signed up for it okay all right okay so come on Elina but from now on just you got to fill them out before to tab we start it just came to me when everybody else was speaking um we talk about affordable housing units and we know that there's a couple of large complexes in the works I want to make sure that affordable housing I believe is supposed to be checked on on a yearly basis by um who Gorman or whoever is operating these do they actually check on that on an annual basis is that report brought to the Village of Isam marada who gives those permits I want to make sure that those affordable units are being used as stepping stones not for somebody who you know becomes a a waiter and then moves up to management and then becomes whatever and you know grows the family and they're all still there I want to make sure that they are Stepping Stones so please take that into consideration when we put together this affordable housing proposition thank you van would like to speak as well I hate to be the rain on the parade again but uh windley key used to be the umbrella keys and they look some like this now right there where my thumbs are touching is the property that we're talking about if you go to the 1935 Aerials of that uh area you will see that the bay flows to the ocean and the ocean flows to the Bay because of windley who who built the railroad for Henry Flagler they just filled in instead of building a bridge they just filled in so what what you're talking about is a house built on Sand that whole parking lot area that we're discussing here for this project which I think is a great project we need one ones we need Studios we need all that but uh take under advisement that it is not Coral Rock it is Phill that you're talking about building on and putting this building on and and before you okay anything I hope you have a thorough engineering study in history of that area thank you very much that's what soil borings are for van to find figure out where the cap rock is anyways Marne anybody anybody else no sir okay public comment is now closed Council any uh discussion all right I hear a motion no I have a question um I just want to ask um it it sort of sounds like uh we I think you mentioned um that 150 or it was mentioned that 150 applications have been taken um and I'm just curious what kind of policy we have around around this application process um I mean has something been promised to these applicants like is it is there any kind of you know system that we have for for those or is it just you know how does that work could you help me with that sure so um depending on where they're zones several um two of the projects are uh major conditional uses so they go through a whole process and will come before this board for uh their approval of their site plan um and then they have to go through the building PR process and then they go into the bass system like everybody else and then you would award their bass they haven't been promised anything but they're going through the permitting process this is how this works right they get their development review approved and then they get their building permit approved and then they go to be passed um then the one the one on next to Fisher in um that zoning District allows it by right so they're just in a site plan approval process um once that site plan is approved and if there's been no local appeal after 30 days they can then apply for building permits and go into the bass system after that that one will not come before the council for a review and approval so um um I'm just I I know last meeting or maybe it was two meetings ago I brought up the um uh question of how we're sort of managing these 3 units as far as I'm making sure that out of some of those we have um we're accommodating the very low low and moderate lwi income and I you know are there any stipulations around that and I know that there any any require do we have any kind of policy about that is it just kind of like first come first serve minus so we don't mandate one or the other our affordable housing regulations say they have to comply with the regulations we offer for um the income limit levels for all low very very low low and moderate incomes um it would depend on how the deed restrictions are written ultimately at the end of the day um but I think um I can let John speak to there may be some other legal issues we need to consider when it comes to tearing affordability yeah it's it's not uh it's not a simple answer in terms of tearing low mid to Upper um depending on the way it's done um and the the justifications and the uh purpose behind it uh the Department of Justice uh may look at the policy of the Village um and uh potentially find a fair housing act violation so we have to go through I mean it's a complicated analysis honestly um uh because of that and so that's part of the process that that we're going through it's uh unfortunately it's not it's not the simplest of answers well um I know that we do complicated things and I know that in our Community we have a real range of of um income levels so um the people who are providing daycare and you know cleaning toilets and being housekeepers um actually are very low income and I I would um I know that you look for direction from the council to to look at that as we as we put some parameters around the the use of these 300 um early out affordable housing that is something that I'd like to suggest that we um that we give direction for because of the wild disparity we have in income levels here that's an important category and while I respect that it's complicated have a feeling that we're capable of figuring that out and bringing and this I just would point out is one more um element that is um is a little frustrating because anyway yeah I I would say I think that's part of what is going to be coming before the council from from planning obviously planning and we're going to be planning the manager legal is going to be all working hand in hand and I think that's going going to be part of the process coming before the council that we were talking about before the August September October process um and uh yeah I mean my intent when I said it was complicated isn't that it's not something we can't deal with or address but um it's something that obviously will um uh will be part of the analysis and we need to make sure that any anything that we recommend um we can we can legally defend um and and that'll be part of that uh that process okay well then I would like to move forward with um suggest with a motion that we reserve um 292 um of these early affordable housing allocations um rather than the suggested 50 um for consideration in this larger analysis so so just to be clear what we're asked to do is reserve 50 and I don't see justification for that um I'd suggest that we reserve the the motion is to reserve 292 um instead of the 50 I want to say that um um the of the three people who have already been promised um two are hotels and they're asking for those to enlarge their hotels basically correct yes one isn't so I have a problem yeah so I have a problem with saying no to the person who's building a complex for affordable housing and not so much for the hotels who are just going to increase the the size of their hotels I mean does that make sense well they bought the room so they can move the transients to their property yeah I know but there's they're still profit right right right I mean there's nothing has been promised to anyone Jennifer just said that nothing has been promised and I believe her this is and I'm not I don't I mean I personally don't have I I have no idea what is out there for for what the people who are asking for permit this is simply a a policy like yeah but we're back to the same thing where now we've LED these people down this path and here we go again okay John go ahead I I was going to say in terms of um you know dealing with addition with applications that might be pending or coming forward um reserving them doesn't necessarily mean you can't also then release them uh for uh for applicants and and as I think it might have been Mr Harris stated you know there is the live local act that that you know not all not all developments um are covered or or fall under the live local act but if do obviously we would have to address that on a uh uh development by development basis um so I would say I just want to if there are applications that come forward we would have to deal with them under the live oal act we will um if there are applications that come forward uh it doesn't necessarily mean that the village also can't you know release the the um uh uh the reservations that they have I would just say caution and I would say we should come up with with standards as to when we're going to do that so we're not just so that the five of you aren't up there being asked without any any sort of collective guidance that that you've come up with and uh you know without the recommendation from uh from your professionals so uh if we're going to go that route I think that that would also be something I would expect that staff would bring forward and that we could uh bring forward for you all to consider and obviously come up with a uh a policy for for how and when you would release it when the live local act doesn't apply Mr Cole I I believe Council mentioned what I wanted to mention right at the end he said if the live local act doesn't apply so I think and correct me if I'm wrong uh we he's suggesting that if an application comes forward with live local that we would be uh by policy uh directed to entertain release of them for that type and then develop criteria for any that are not live local um John if you can clarify that just to be sure I didn't head off in the wrong direction because I think the live local piece is an important element is it uh automatic does that is that a criteria comes out and we're willing to release an allotment or is it less certain than that sorry but I was talking with u Jennifer about another issue did um can you repeat that again it was sure how does the LI local uh act dovetail with reserving the 292 is it uh a case where we're going to work on criteria for those that are not subject to the live a local act but if it is live local act uh that would be something that would uh help us take it out of that Reserve that we have and and make it more firm of a of a position to take so in other words if the local act applies you come out of our allocation and that application can move forward what I'm getting at is is there any certainty that can be given to that subset while we're developing criteria for the others that's the real question I and so hadn't fully analyzed it but that's my initial uh gut is that if and again not everything falls under live local I know that people throw that around but but it only applies to if you f if you meet the criteria for that um if it does my initial gut and again like I said I haven't this is the first time hearing of this so I haven't um uh I haven't fully analyzed it but my initial gut is that if you fall under the live local act we would we would deal with it and we would we would uh you know comply with the law and and would release it to them um I just I just Reserve judge you know Reserve right that I haven't fully analyzed that um sitting here on the Das right now but that's my initial take yeah okay so so I'm sitting here and I'm observing a pattern going on here that everything our staff has made recommendations and we want we are going against what our staff is recommending several times tonight already I mean she said it clearly Mr Cole has said it I I just don't understand that why they've I spent two hours in a briefing and I had them explain everything to me why they're doing it but we have a staff for a reason so to me we're just the all the time and effort that they have had to put into this to prepare for this meeting and we're challenging everything that our staff when I've been reading these things it says recommending approval and then we want to come back and second guess them but why don't we do this why don't we communicate them with them why they are doing the book so they're not wasting their time because I feel like we're just wasting time by having our staff that that's doing their job they have a manager we have an attorney and I I just I I don't understand it we we I mean unless I'm reading something wrong that I I mean I go by that recommendation and and if there is a flag if there's something that's not right we we we could talk about it but this is a major pattern tonight and the other night that is just do we not trust our staff guys what what is I don't I don't understand this can I make a sure statement um when we had those discussion earlier not not on this item but about the other items at the end um and we decided to defer those and there's different reasons for that this is distinguished in my mind because it doesn't involve any environmental issues and it does involve a mandate from the state to provide affordable housing I mean we there's no mandate for us to issue a permit in a hammock you see what I'm saying so this to me is a very different animal um in another context this is a commercial uh housing feature not a single family neighborhood thing and so I know from my experience in doing this on my own that the lead time to build up to get to the point where you can do this is longer it's more complicated it's very expensive the timing is critical ordering materials getting contractors to set aside the time to do the work it it's an orchestration of people and money and things and it's not for amateurs and every element of risk adds cost to the job which is counter to what we're trying to do create affordable housing so I I appreciate Elizabeth's interest in controlling the numbers and I have that same interest but at the same time I'd like us to find a solution that allows TI people to go forward hang on let me finish I'm talking for you now to let his his people go for it as well as the other ones because you know at the time they put in the application there was a green light now it's yellow well I had my reasons for doing it earlier and I'm distinguishing why that happened this is a different ball game this is Major League millions of dollars and we have a state law that tells us we must provide opportunities for affordable housing T of millions Mark well yeah actually now where we put those is critical you know uh and and you know having a plan as to where they go do we spread them out thin or do we aggregate them in the two Village activity centers where all the workers tend to have a job that's that's what makes sense to me but I'm not God I don't make all these calls so I would like to find a compromised way where we control these as Elizabeth said but we do not provide a disincentive to the folks who are willing to step up to the plate and fulfill a badly needed F solve a problem that we have um and we should do to the contrary we should find a way to accelerate what they want to do but and and to those of them who are not seeking a government subsidy even more difficult Mr Collins who was here before he's doing this out of his own pocket I don't know anybody that can afford to do that unless they're building it for the employees that work on their own property because that's how they keep them here that's the only way to keep them here so I I open the can of worms here it is what can we do maybe maybe Jennifer or or um John can help us is there is there a way to keep their process moving forward with confidence but allowing us to keep control I think John you kind of eluded at something where there was a process if we control the the 28 or 292 that they could still I don't want to close them off to filing an application they have to go through the site plan and and all that that's expensive timec consuming and very aggravating why why when they get through that can't they just keep moving forward is there a way that we can carve a path forward for them while still maintaining control I I would say I think there is I don't I don't necessarily know that we could come up with it tonight as we sit here on the days um but I think that um there there is potentially a way to say you know we're reserving these for ourselves because we we anticipate we may want to use them for um for for Village purposes but if you are if your development meets certain criteria we're willing to uh forego our interests uh to in in how we would utilize them um and uh but I I'm not sure that's going to take some analysis I don't think we can come up with that today so could we make a motion to that we would um increase the 50 proposed in the to 2 to 292 but with direction to the council um to to to the staff forgive me uh to come back with a um I don't know what you would call it a provision that would allow those who are in the process now to continue forward uh with their process and application subject to review and approval by the council at a later date I mean it's kind of like that anyway with bass just a little bit more definite Mark the point I'm trying to make is when our staff goes and does this and then we we're we're we're changing it and having them go back and do it again so they've wasted their time this is what I'm saying and and there's there's people that have came in this town to spend a lot of money and you know what they go they come here they go to a meeting and you know what they're they're ready to sell out and get go they don't want to do business budy you're preaching to the choir that happened to me right here In This Very Room uh on April the 11th so I know exactly what you're talking about the staff recommended approval it got shot down you know that's the way the chips fall sometimes but that we don't need to go back to that I I think we have a way forward that we we understand the needs of the folks that are trying to help us Sol a very badly needed problem not to mention the folks that are suffering that are living in Unthinkable conditions I mean I've seen things in buses and boats and seven people in a one-bedroom apartment and buck beds that work in shifts and sleep in the bed and shifts that's crazy that's inhumane we have a duty to fix that because it's in our power to do that and we have a mandate to do it the number that Tai mentioned from our study of 1100 that was from 2004 I don't think it's gone down no so we got to do something yeah I thanks for giving me one more chance listen so to qualify for live local I I know the answer it's 40% of your development has to be um at least affordable housing that's the answer this is 100% affordable I am not coming here and asking you for units once my site plan gets approved I fully expect that my 42 are going to be on whatever next B pass schedule there is and that they're going to be allocated um the fact that this is going to be the first time that we're going to have to deal with a state law that supersedes local ordinances uh is going to be a little bit of a challenge but there's nothing that's going to require me to come back as long as those units are available I get my 42 because my client's not going to want me to have to sit up here and sweat out whether or not you're going to allocate the 42 or try to drop a condition on them that's different than what we've already applied for so once I get the site plan that signs going up there's going to be the 30-day appeal period and then I expect to be moving forward with my building permits thank you thank you you know and and I mean I I I it it sounds a little threatening from Mr Harris I'm sure he doesn't that's from the state Elizabeth I'm sure he I'm sure he doesn't mean that but but I think it's our job to um to work in the best interest of our community and it's not unreasonable to withhold and make a plan for how we want to see these these units used and if and and if our planning department has promised something to our community I mean we we have no control of that and the reason that we're not um putting our input into this into what's being presented by our our planners prior to the meetings is because we're not allowed to I can't go in there and tell Jennifer what I think she should be doing so we comes to the meeting and then we have our conversation which is what we're doing it's how the process should work you have Mr Cole the manager you can go discuss with him and ask him or you can meet with him and Jennifer and and discuss what you want to talk about that's what the manager is for go ahead Mr Cole um just to clarify one thing uh the planning department neither Jennifer nor her Personnel have made any promises of affordable units and that was mentioned earlier in our convers so I just want to clear the air on that topic alone she doesn't have the authority to do it she only has the authority to tell people what the code allows and that that that is my understanding of what has occurred yeah okay so do do I hear a motion yet of of what we're I have a motion on the table right now there there is a motion on the table okay I haven't heard a second do you know what the motion is yeah 292 I I'd like to I'd like to try to move forward that but with a tail on it that addresses the concerns that doesn't spook off people from wanting to how do we do that I'll if we can I don't know I mean I don't know someone someone here should know how to do that this is not to Spook off anyone who intends to build affordable housing but but it is intended to um allow the village to have some The Village not not the actual The Village to have some agency over how we might want want to how how we might see affordable housing in our community we've never had that conversation we pretend we want affordable housing for I don't know all the people who can't all the poor people and we do not have these conversations so if we don't want to deal with affordable housing great let's just let me ask a question is it even necessary that we reserve them because because as we well so so I mean as we saw in in my case that I'm bringing up again without the intention of rubbing salt and wounds as we saw in that case that was discretionary on the part of the council to go with a outcome that was different from the recommendation of the staff the the buck stops here right so somebody files an application and the council doesn't like it even if the game is wide open it can be killed at the last minute as we saw so what do we even really need to do this and maybe Jennifer or John you can speak to why the county is holding back their 300 early affordable housing units maybe you could speak to that I I can't speak to why they are I I you have any ideas no I well well so there there's a couple of things there's a couple things that it's this is very tricky and uh Mr Cole and I and I think you and I were the ones that attended the County's presentation in kilargo a month and a half or so ago and the county has this very clever strategy to in a manner of speaking convert the workforce units into a an allocation that could be used to satisfy a takings claim I I'm not clearly able to explain that how that magic trick works it's a black box it goes in affordable it comes out in a takings claim um setting to satisfy that I mean I maybe a judge approves it that's how it happens I don't know but but they're they apparent they're super smart some of the best lawyers I've ever seen in land use and they figured it out so I'm going to go with their thinking and it's important isn't it that's an important little clever trick that hasn't been analyzed because we're now at this point where we don't we are in a position to bankrupt our community with takings claims and and this is a solution that the county has and why AR and that is why we just voted to have an analysis that's why that's why we did that well well I think to be honest when those to be real clear about it when those allocations were granted to us by the governor they were intended to solve the problem of affordable housing and and we are taking that a step further to solve a takings problem so both good causes but you know we're we're kind of turning this around into a something that's not and and is that a good thing or bad hey I don't know that's for the next Council to figure out in the in the conversation when we talk about affordable housing is that um is that none of us are insisting on looking at the rate at which these houses are affordable they aren't affordable they they are I mean it is not affordable to live in a house if you're making 10 bucks an hour or 12 bucks an hour at in our I don't know of any one-bedroom apartments or Studios that are available as Tai's client is proposing that a godsend to folks that are struggling um that there's another angle to this that I did speak with Jennifer about some time ago and I I think I may have even spoken to the manager I don't know who I spoke to I can't remember anymore but you know we own some property that we could have affordable housing for our people for our staff and we may want to reserve it to create housing for folks that work for the village because we can we have that choice we don't just because we have them whether we reserve them we have the permits coming to us we don't have to if we if we voted on just what Jennifer has proposed it ain't it doesn't matter it it doesn't matter whether it the people have to it's going to come before Council anyways and when it comes to the live local uh Mr Harris is right okay because I talked to people in Tallahassee about that at length and you know what that's St that's the state so refresh me with the numbers again of the items that are under consideration now the total number that we have is 10 something yeah 127 so we would have 133 available minus 8 so we would have 125 292 minus 137 is that what you're 127 127 292 minus 127 and that leaves a total of how many I'm sorry eight come off there too they did 165 so out of that 165 we're talking 50 would go to us and then that leaves 115 up for grabs you might say correct so I mean 127 I mean maybe Elizabeth we find a middle ground it's not you know I think if everybody's equally unhappy that's fair so that's a joke please um what I'm saying is if we if we do reserve a higher number of these but we don't discourage the folks that are trying to help us out of the problem let them go forward fine so then I amend my Mo motion to reserving 165 of these um early affordable housing allocations for use of the village are we there what do you think I Jennifer is that a I didn't hear you said I'm sorry 165 reserved for the village reserved are we okay and those would be included in this analysis that's going to be performed that we referenced earlier I'm not sure if that if anyone I don't know how many people are going to be getting to the point of us having to seriously consider issuing a permit between now and October this this seems like we got a lot of time to figure it out it's important so you make the point that maybe we do consider affordable housing for our staff I mean that's going to take some time to to unfold so it just makes all the sense in the world so did you catch the the motion there anybody yes so it was a motion to approve the resolution with the amendment that it's reserving 165 units for the village okay which would go into the anal those those units would go into the analysis that we're we've asked for earlier in the meeting yes okay so I hear a motion do I hear a second a second okay Marney we have a motion in a second call the rooll please council member Elizabeth Jolan yes council member Mark Greg yes council member Henry Rosenthal yes vice mayor Sharon Mahoney yes and mayor buddy Pender yes the motion passes 5 to zero okay we're moving on to tab C uh Mr Mayor I'd like to pull tab C from the agenda you pulled okay all right so tab C has been pulled so we're on the tab D actually yeah well I guess it's tab y from your old from the book oh is it oh but we we have the resolution from last night tab y from the resol with the resolution that was moved from La uh Tuesday um which is the uh resolution on the purchase of the church property okay so now we're moving on to why yeah okay the church okay let me go back to why all right and um I'll read the title and um but as you all might recall when we got here I mean literally hot off the presses in in fact vice mayor Mahoney even commented that it was still warm um I was able to bring a cop of the the approved agreement we do have a signed agreement from the church and um made uh other ones available to the public up with the clerk as well and they they were uploaded into the system um before I came over here uh apologize for it being so so close to the the meeting uh we've been working diligently with the church and with their um uh with their their attorneys and their representative uh both Rob and and myself and Lily from my office um and we're able to turn this around in pretty quick order uh but but obviously we were hoping to have it done quicker but we at least have it it's a resolution of the Village Council of is Village of violence Florida approving the purchase and sale agreement between alamata Village of islands and Island Community Church Inc authorizing Village officials to execute deliver and implement the terms and conditions of the purchase and sale agreement providing for authorization and providing for an effective date okay so is Jennifer you gonna you have something about that no Mr Mayor yes sir um the proposed purchase price is is 3.99 million it's going to be funded with 1.5 million in unrestricted fund balance and 2.49 five from our Capital fund um the intended use public purpose of this property has uh thought to be a potential uh updated Isa marado Public Library we would be working in collaboration with Monroe County to pursue that goal uh there's the potential also for a community center uh depending on the of the conversation with the county so uh we've been working diligently with church personnel um the appraise value I I'm not sure if I said it it appraised at 4 million with the zoning as it currently stands as we know the church was seeking a rezoning to Highway commercial and our appraiser looked at the value if that were to go through as well as a hypothetical uh on a hypothetical of it being rezoned to Highway commercial um it came up with a $4.4 million um appraise value and as we understand it there was a competing interest on this property I believe it was a national pharmaceutical chain so this uh prospective purchase if approved by Council would um again provide opportunity to explore a public library while at the same time um maintaining control of that site uh for for public purposes okay Council any questions before we move on to public comment all right so Marne Let's uh we're going to okay I apologize mayor uh attorney quick brought one other thing to my attention I should mention there is a post occupancy agreement that goes with this uh the church would continue their operations for a period not to exceed one year while uh construction of their new facility uh continues and they would be responsible for all utilities all costs associated with the building routine maintenance if there's a major repair they would either choose to make that or perhaps terminate occupancy if uh they were unable to do so okay thank you Mr croll Marney public comment is now open okay we have van Caden head followed by Joe wishme and Elina Davis evening again Council van Caden head um this building the C marada theater was built in 1958 and as a child I've watched many movies there and it's you know was the social Center of alam marada for a long time because it was the the movie and uh I think that we need for you and for this Village a place to hold meetings uh to where if you have a a Hot Topic the people don't have to sit outside and watch it on TV um I I think that this would be a great place to do that uh I disagree sharply with the fact that we need a new library I do not think we need a new library we have the Helen Wadley Library which has been uh um a main stay of this town as long as I've been in this town which is my whole life and and it's a a historical building and merely because the fire department looks at hungrily at the at the property next door and wants to expand I don't think that's a good reason for the people of is marada to spend $4 million to uh move a library to the CER marada what I would propose is because of $4 million is a lot of cake and we just had a big discussion how the people are getting uh ramrodded out of their $2.75 million which they they in good faith bought the island silver and spice for I think that that uh this we can't take everything to a referendum we can however spend $1,000 and have uh Miss Mahoney who's been spearheading this and Carlos do a poll a poll of the population of Isam marada and see if they want to spend $4 million to move the library now I think that would it would be uh just the amount of money involved $4 million is is twice almost what uh Island silver and spice was and we did that off the you know shooting from the hip and I really don't think we should we should do this I I am totally in in favor of us keeping control of that property but we need a a place to meet the you all could have offices there could be other offices they could put moving planning over there or other uh PL pieces of the of the village uh Administration to that building it's it's a great piece of property right on us one and it could be I mean if if uh somebody wants to spend 4.4 million after it becomes Highway commercial and put in uh affordable housing because it is actually fronting US1 I mean it would be it would be possible to do that there so rather than close off uh those possibilities without hearing from the public wrap it up without hearing from the public Mr Mayor with all due respect I think we should have a poll of the people of Isa marada as to what they feel about spending $4 million for that piece of property and what they think would be a good resolution of the property once we owned it thank you very much thank you who's next Marne Mr wishme good evening again Council Joe wishm Plantation key I'm I'm a little concerned about this because we're spending so much money the $4 million and we don't even have a strategic land use plan we haven't even figured out what we're going to do with the properties that we own right now now I understand that our utilities department is outgrowing its place at Founders Park but with other Village owned properties I believe that other accommodations could and should be made with some of this $4 million we even get concerned when we have to spend a little money on a playground that is definitely going to enhance Founders Park we also have many more improvements going to be coming to the park after we continue with that uh that plan when that comes to fruition we are also just spent $1.7 million on a gazebo that doesn't seem too wise when even a just a thatch Tiki Hut would suffice for doing the same thing I mean how many people would be needed to use this gazebo to make it appropriate to spend that kind of money with that $5.7 million I would think that you can make arrangements for utility department needs Improvement to Founders Park with a new plan coming and maybe even like more pickle ball courts due to the popularity and the heavy use of the three existing ones which was voted on in submitted to do that on tennis courts but then stopped for some reason or another so please consider the best wishes of the community when spending our money thank you thank you who's next uh M uh next is Elena Davis I believe she is on Zoom now okay Miss Davis go ahead good evening sorry I had to go home um I am really concerned about spending $4 million on this property as van said and as Mr wishm said we've already spent 2.7 on the island silver and spice property let's we don't have a plan for that why don't we do the community center the library whatever you want to do on property that the village already owns I don't see a need for the village to buy another piece of property especially for $4 million I understand van thinks that we should have some sort of control over that property but I don't see the need to control property let it be sold to whoever needs it wants it but why would the village want it to control it I don't see the need I believe that it's a crazy expenditure of our money and as I've said before you all are the stewards of this Village and we expect you to be financially responsible yes maybe we can afford it but just because you can afford a $200,000 car doesn't mean you need it and maybe a $60,000 car would serve you just as well and to me spending this $4 million is just financially irresponsible once there is a village wide a um some sort of of forward-looking scope but right now I just don't see it we are 7200 people and we're going to be spending $4 million on a piece of property in addition to the 2.7 we already spent I just don't see it thank you for your time thank you who anybody else Marney no sir okay Council any discussion I'll go last okay vice mayor Elizabeth I'm recusing myself from this I have a conflict of interest okay Henry what' you say Elizabeth I said I'm recusing myself from the vote I have a a conflict of interest so I won't be commenting on it he you I've spoken to it many times before as to how we spend the money and we seem to have a mindset that starts with a water fountain for $26,000 I believe 16 16 or 18 whatever it was I'll Stand correct Ed and that same mindset continues on and now we're at 4 million that that hasn't changed that it just hasn't changed from the 16,000 to 4 million I don't know whe it's the culture of this community or it's that's the way people think today I lowered the taxes with the help of this this Council and I wanted to go one more time and they stopped me okay but I've been very conscious of how you're going to spend the money and what the need is the need is the most important thing and I can't justify the need I had a contract on that property and everybody said I I wanted to change the zoning I did not want to change the zoning my need was was accounted for as to what that property can be used for I'm not going to go through the whole list but there's a list of all kinds of things without a zoning change they met my needs everybody says I was going to change this zoning no I wasn't going to do that didn't have to and spend many many dollars in order to do that but if you look at the permitted uses carat kicker accessory uses hurricane emergency shelter Coalition of disting Wireless facility Arts and Cultural facility civil defense facility Domestic Violence Center Detention Facility and this goes on and on fire station government offices house of worship these these are all permitted under the proper PS zoning and there's another page I don't have to read to you that's beside the point I think because some people want to make it something and you have to justify the need for four $4 million we don't know what we're going to do for the 2.75 that I pushed for and I use the one word that we could control it well we've been controll it for almost three years now how's how's that make you feel how about the up the the property up there that we bought for a million eight and somebody help with the with the location was it Mach Machado property for a million eight and then a member of the council signed an agreement with somebody well the Autobon Society to use part of the property I guess give them some kind of a written lease no council member signed anything I understand that that's reason I'm bringing it up it never came before us I'm not going to mention the member of the council because that's unfair but we should have had the opportunity to R review that you're right and we're still sitting here talking about a plan this this whole city needs a plan every place you look it's a plan I am not in favor of spending those kind of monies millions of dollars and we don't know if we get it we we're going to do with it and is that justify at expenditure you're going to have to go a long ways to convince me of that thank you okay Mark go ahead I I really don't have a I'm I'm just not sure what I want to do and and I mean I want to do the right thing but I want to hear from you I I need your help to help me make a good decision um I know it's awkward to go last or first it's okay it's okay but I I I I need your help I'm asking you it's I guess when I look at the keys I look at it differently I look at an area where we have limited land limited availability and we look at what's coming into the keys big corporations big companies coming in it's not the mom and pop that we grew up with down here and so that piece of land right there they're few and far in between they just are and um I know Elizabeth is much more involved with the library than I am um there are people in Al marada who have come to me about building a state of an art Library up to times and everything now doesn't have to be a library that wasn't my main reason and I know 4 million is a lot of money I know uh we're in need of meeting areas for a lot of groups here that it could be a community center it doesn't mean we have to have to do really anything but understand it's a lot of money and I understand people don't want to spend the money but when it's gone it's gone and I also look at the neighborhood there and I wouldn't want a CVS on top of me and that's what unfortunately is going to go on top of that neighborhood and I know we can't stop it and I respect greatly Alina she's helped me with the freebie thing big time and I respect her and everything but I guess I look at it as when it's gone it's gone and we don't have a lot more places that we can have and if the value is what you said 4.4 maybe we do turn around and sell it if nothing good comes out of this I mean it was just a suggestion opport yeah we do and the same thing with Island silver and spice I didn't think the dolphin was going to take this long so I do own that okay I was sort of the person who said move the dirt there but I didn't want the Dolphins to die and I didn't think it would take this long but um again you know we make our decisions we try to do what's best and I just know that every inch of the keys is being taken up and taken up and taken up and we're going to turn around 10 years from now of course I won't you guys Mo might but turn around and say we don't have a place for things we could make that like van said housing I mean there's all kinds of opportunities but to not look at this as a a good opportunity for us I know money it is a lot of money so I'm I guess I'm going to see what everybody else wants and how it falls is how it falls so well I agree with Sharon I think that there is limited property here in alamada and uh you know what if we don't save some of it for future things and and and if if if we buy it and we don't sell it I mean we don't do anything with it we can always sell it and we can and we can put some conditions on that okay but I'm not for having more box stores in Alam marada I don't know about you guys I didn't even want Publix okay I mean it was a sad day to see uh that's one thing about Alam marada there it was not I mean growing up we used to go to Food Fair and in Marathon or wind Dixie or whatever it was in Homestead and you know what huh yeah well Trading Post was here but not you know yeah you shop there but or pay fair but but but it wasn't like you know we we still had food to eat PCH okay pouches yeah I mean we had little mom and pop stores that were you know cutting meat and you know then you had whatever in kilargo Monty's market and uh this this the kilargo Shopper but you know I I'm like Sharon man whether it was affordable whether it's offices or or what but we we don't are we just going to let it all be you know businesses like Marathon you know it's just one after another I mean you know whether it's Office Depot or whether it's Divers Direct or whether that's not what alamada is about the families want to come here and they want to ride their bikes down the road or the old road they've been come the same people been coming in The Islander for 50 60 years you know same people come to chica many people that own houses here right now that I've met at chica they came and stay of chica and they live here now fulltime so you know I think there's a lot to be said for keeping it unique keeping as as best of the character as we can keep it and you know if if we get it and we don't do anything with it we can always sell it and we can put conditions on it just like I think Island silver and spice what had 13,000 trips a day were okay for that and you know 7 was looking at that many others would have loved to come in here and put a drive-thru in there but is that what we want in Alam marada so Mark it's all yours well you you've helped me both of you thank you for that and and I I agree with everything that everyone said and and I want to do it all so that's my my answer here but I'll be more specific [Music] um I think that building is part of the community character it's been there since I was a teenager the first time I drove through Al marada my family in the early 70s uh I can't tell you for sure that uh we went to the movie I don't think I ever went to the movies there I went to the coral Grill but at any rate um if you've been inside you see it's got 300 plus seats in there it it's a unique venue I mean I see why Henry wanted it for his magic show I'll call it it was ideal but it could be used for so many other things I I think it's worthy of of of preserving it and keeping it I uh thought to myself um about um you know well I'll say this the the prior Council had looked at this five six seven years ago um I wish Deb Gillis were here she could give us more detail but what I recall from that and I remember speaking to Ken Davis about this is that they investigated it but the cost of converting the building to their intended uses it it was prohibitive and so they B they they walked away from that um I thought but maybe they don't have to tear it down and rebuild it to the full-blown modern standards of the uh Ada you know handicap standards I think it could be declared as historic and I had I have restored uh four buildings in a historic district in North Florida where I have property on the national register and what I recall from that experience is that there is a limitation on what the law requires you to spend to upgrade to those standards I I remember it being 20% in my case and of your budget and that was a doable thing and it you they don't require you to do things to destroy the E exterior of the building it has that appearance the features on the inside don't necessarily have to be altered that would ruin what we all love there about it so I I I could see going forward with this if we made an effort we can investigate that I mean John's firm knows about this I'm sure even the manager has done this in other venu Chicago and New York have loads of historic buildings they're older than we are I'm historic by the way because the I think the standard is 50 years you have to to qualify so some of us are historic already we can identify with that um so uh so I like all that uh I I I would do almost anything I could in my power to support the mission of the church they have provided uh our community with support and and and spiritual um guidance along the way it has been the glue that has kept this community together along with the other houses of worship that we have here that is a foundational part of every community that I've ever been in my grandfather was a Baptist preacher in in Alabama where I grew up and in a small area uh his church only had about 50 people was in a dirt road in a mountain and and what he did and what that church did for that Community when they needed things when someone died when someone got sick when someone had a baby that I see that here on a grander scale and I think we should do everything in our power to support that and I and I want to do that too now for the negative it is expensive we're not in the library business and we got a lot of stuff we already bought that we don't have anything to do with so how do we how do we move forward with that I would feel comfortable if we could do this in conjunction with selling what we've not used we have something we we have value on those we call them the Machado properties we could sell these things but put deed restrictions on them so they won't be used for things that we don't like if we don't want to put a 7-Eleven or a dut store whatever on island silver and spice when we sell it we put that in the deed restriction it's stronger than zoning because it's a contract and they can't do that and if they do we Jerk it back from them and it's ours again uh but I feel an obligation to the taxpayers to be fiscally responsible and when we tax them and use that money to buy things we should buy them and use them if we haven't used them by now it begs the question what are you going to do with them well we don't have a plan well maybe the plan is get rid of them and get the money back and let somebody else do something with them that we want to do but can't do do it ourselves so you know we need affordable housing those properties up there by the Marlin store that's what the folks said when we had the hearing buddy you were there we were there they came from the neighborhood said don't put anything commercial here we would be okay with affordable housing I'm on board with that a th% why don't we sell it to an affordable housing developer let them do the heavy lifting for us and help solve the problem that we talked about earlier so I like that and Island silver and spice yes the Aqueduct needs that to bring us fresh water but when they're done if we haven't figured it out by then we need to have a selling plan if we're going to have a buying plan we need to have a selling plan you know if we were the CEOs of a company uh traded and we were buying things and sitting on them they would vote us off the board uh for for and and you know not producing uh a dividend you know we got we got to produce a dividend it's a benefit to the community so sitting on idle taxpayers here paid for Investments is not the way to go so you know can we buy this and agree that we're going to sell some stuff you guys you we're horse trading here can we do that to go forward I don't want to tie that as a condition but but Mark what I'm sitting here thinking you know there's people in our community that would you know there's people that have foundations that could donate millions of dollars to build a library or build a community center there's people in this community that would love to fund that okay and if we take the first step and buy it okay they could I mean everybody in this room right here knows the people live in Alam marada that could put up 10 million but people say stuff all the time we don't have a commitment in writing I mean it's gambling it's gambling with taxpayer money yeah but but these people have but for certain circumstances they didn't there's people that want to redo that library right there Elizabeth knows who I'm talking about listen I spent a ton of time in a library as a kid and then as a student I I'm Full Throttle in support of a library but we're not in the library business I understand that I understand and I'm not saying it has to be a library it could be many things it could be some kind of community building or something that would would help you know all right let let me ask a few more questions because I I I need answers so I made a couple notes here you know to to to Elizabeth's points on earlier items I'm I'm I like plans too I mean I I I obviously upset you earlier about a plan but I I I want I want us to have a plan here this has kind of come up come up Suddenly It's it wasn't budgeted anything we have the budget season starting very soon and I I think I feel a strong sense of fiscal responsibility that we have some kind of a plan to do something here um I would like to know if we purchase the funds from the purchase the property from the funds that the manager told us about earlier what are our reserves we're about to start hurricane season I'm I'm scared to death of hurricanes so we responded very well when iringan because we had the money in the bank we didn't have to go chase a loan with all the other devastated communities we were ready to rock and roll with the checkbook and we had first bite at the people that got us out of that mess think that's a huge asset and we've been lucky to uh be able to afford that so if if you can if the manager can tell me that we have adequate reserves to cover that I think we had about 4 million last time it's probably double that now thought we had about 7 million now don't we what's left I don't have the exact number here in front of me but I did have this conversation recently with the interim Finance team that we have and I believe that number is over $8 million for a hurricane reserve and I went so far as to check some other communities in the keys and Beyond in terms of their reserves and I found for instance that Monroe County uh they don't use a percentage of their budget they use flat 10 million so the county has a $10 million hurricane Reserve while we have a little over eight so if if we're using that just as a a pulse as to where we're at I I'd say we're we're looking pretty good on that standard and in terms of unrestricted fund balance our targets about 3.29 million 3.3 million ion uh this purchase takes us down to 3.04 but in talking with our finance team it looks like you know when we have when we close out the year end we usually gain about 2 million a year on that so we're going to be up around five even after the purchase in unrestricted fund balance which means we're we're above our Target of 3.29 frankly on 3.29 at some point we're going to have a a finance policy discussion that focuses in on what is the appropriate unrestricted fund balance personally I think we could be a little bit higher than 3.29 but again at 3.04 after purchase assuming we hit that General Target of about 2 million uh coming at yearend close out back into unrestricted fund balance that would put us at 5.04 which is over our longstanding Target of 3.29 if that answers the question sir it did very well well Mark here I I'll make a deal with you I'll sell that $1.7 million slab and uh and green turtle hammock to go towards a purchase well that problem is uh uh what was it we bought we already bought the farm I I was being sarcastic well C can can we have a discussion if we're going to go this way can we have a discussion about finances I mean you know we're it's a joyful thing to to do this and and to acquire this property for us and unlike when we purchased from Walgreens where that money went up to Chicago and distributed to the shareholders the proceeds from this sale are going to go right back into the community for one of the most important things that a core value Pro uh uh purpose in all honesty um I just had the pleasure of working very closely with the people at Island Christian and especially Trevor and Tony um we had an estate sale there some of the nicest people I mean half of my volunteers wanted to change churches and start going there and when we try to give them monetary for what they let us do for 3 weeks they wouldn't take a scent from us not a scent and that right there tells you that this is a very great Community we live in very tight-knit and um again 1.7 from that slab would really go towards a good purchase what what can we agree on that we're if we're not going to use it we're going to get rid of it and use that money to for another purpose I mean I I I I I very much would like to see the those lots up there well I agree with you so why don't we put it on maybe within the next month or two what we own and let's take a look at what I just I just those two that's it the one up there the Mach property is right in my neighborhood and it is just sitting keep it simple yeah go ahead go ahead my main question is of 4 million is that a legitimate number for one thing my question is I'm looking at this how many hours do you spend on this and you use the word negotiation you know what negotiation means I don't think too many people people know how to do that now I'm not going to tell you how I do it but but I have reasons and and things I interject into a negotiation the OD the obvious just walking away from it you know how many deals I walk 10 feet and all of a sudden it the deal improved 10 ft I'm not going to tell you how I do these things and how I've done them in the past who said to spend this money and negotiate ation nobody how do you know it's the right number I know what's the right number for the seller because he has a use for that money and he's going to ask whatever it is and the appraisal will be to satisfy him and who else there's a lot no don't say nobody you got it no you got it listed so somebody's going to benefit from it that's that's one person besides anybody else that I hav thought about it I mean that's that's business that's life that's what it's all about and just because somebody says it's worth four M for maybe it's worth more I don't know I had a contract on that property did anybody say to me what did you find wrong with that property I spent thousands of dollars inspecting that property you don't have to come to me but that's a reasonable thing to do I would think I'm not sure that's the right number it's the right number for the seller of course would you sell for a half million dollar less than we did it tonight you'd probably stand up say let's go my I I understand that I understand that but you'd be surprised the from you guys not from us we had the I understand that so this is not our this is your I know that I'm I'm not very happy with that either so what are you saying well I'm just not I mean business is business take it out of the hands of government that's the worst place to to conduct business government is one thing and the and business is another thing but you know the good thing Henry what this money that they're getting is going to go not even a half a a quarter of a mile down road I don't care about that if they bought a property in Homestead I don't care know but when somebody gets hurt you know what everybody comes to the rescue and helps that's one thing about alamada okay it there's unity in the community that people reach out and they help each other you know it it it's I agree with you I understand I've been here damn near 60 years myself you I don't want it I don't want another box store there I I was upset when Burger King came here I'm not suggesting that either but how do you know that's the right number I know if you get the zoning it's the right number no question about that in fact if you if you get the proper zoning that is not the right number it's a higher number yeah go ahead I don't know I just have to I have to say what I have to say so Tony Hammond 246 Jasmine Street or 83250 Overseas Highway whichever you want to look at it um in 1970 early 70s first year I started teaching at cwl Shores Colleen and I were teaching and Elena jenez called and said there's a house you have to buy and I said Elena we're making $8,000 a year we can't buy anything she said you can buy this so she took us to a house Bank was about to foreclose we paid $28,500 for it that house is now worth almost a million this property was appraise more than we thought it would be a praise for and it was done on behalf of the village not Island Community Church it was at your request part of the contract um this is one of those situations where I if if if the village doesn't buy it if you think it's a piece of property that the village needs and wants if you don't do it today you know the price is going to be maybe not doubled but it's going to be significantly higher even 6 months from now that's not a threat that's just the reality of the real estate market in the Florida Keys um do I think it's a good buy I'm part of the selling group so obviously I think it's a good bu but I love the fact that you have addressed some of the issues that were concerns of mine and that is the historical value of the building of the place um the fact that it's a venue that could be used for Council meetings you will never have a council meeting so large that you won't be able you'll have a place for that um meeting rooms everywhere in the facility there's a there's a lot of use and a lot of historic value to that um if you decided to go to the library that's your call but I do think there are properties if if I sat in this seat I would probably say yes let's buy the property because there's not going to be property like this available and so looking ahead for the village if you say we'll get all the property we're ever going to need we're not ever going to build anything and and as as Henry alluded to about the baseball field 40 years from now will we ever need this more property it's a long time and I would Guess The Village will need more property and you will need to expand and this is an opportunity for you to do so and as you said that money stays right here in the community somebody's going to buy their property the next group that comes along you've decided not to it will be 4.4 or more you know that's that's what the asking price will be so yeah that's my two cents um Trevor and I came to answer any questions you might have I wasn't going to speak but I felt like maybe that would add some clarity so if there's any questions you have of us feel free to fire them out Tony there was houses in the middle 60s that sold for 14,000 that are now worth over a million yeah yeah well the house next to wy's we paid 20,000 for it was US Highway one to the Old Highway um you know Miss $20,000 back in the day well and I was here in 58 I couldn't find a gas station exactly right yeah yeah there was no gas station in ke orgo in 1958 by the way that that that spot would make a good Performing Arts Center right now as it is right now the only thing we have um on the 14th I'm doing baseball awards I'm having to use a movie theater in Taver Town um because the pack is being used that night so this is a venue for the community like they have up at the mar Nelson Center in kilargo so it's just some more thoughts thanks thanks Tony any other public comment want to speak Trevor you want to speak I'm going to make one other comment sure go ahead Henry do we just pull the 7,000 people we've done it before but that takes time and how much time does it take I don't know a couple months well how do you want to poll them I mean if we did it the way Carlos and I have done it it it takes about ath month and then it takes a month to let the response come back in people don't answer you right away I wish they did but they don't I mean if it could be done sooner well I don't know how about I'll give it I'm going to give everybody your home phone number I'll have them all call you tonight all right well start calling Henry they had my number before no I mean if if we Sorry if we have that window which I don't think we do I'd be more than glad to put something together but with Frank who's now our Mee person but I don't know if we have that luxury who who's oh Frank in the yeah yeah he's it yeah well Carlos I guess yeah Carlos would have I know but so I mean what Henry's saying is that that's not an option right make it an option well I mean it's up it would be up to the church to to keep it open and and have it come back I mean you our next meetings in June so um I mean I can't make any promises that they would particularly since they know what the appraised value is now yeah I I negotiation I know I know I get to be the heavy all night which is usually not my role but um I just spoke with uh Tony and Trevor and look it's getting late either up or down it but we're not interested in in continuing this for another month and then another month and that's okay we've you know we've got another full price offer on the table and that's what we were originally going to do anyway so if if the village doesn't want it that's okay we'll we'll keep moving but um you got first dibs on it thank you thanks Ty when I served on the council the first time we passed the formula retail ordinance formula retail AKA franchise and box stores and John's firm represented us at that time and he counseled his firm counseled us that that was a difficult um ordinance to pass and we may have trouble with it down the road and we did we we we got pursued or sued by the folks that were uh going to develop the Walgreens and they won and uh it cost us if I recall around $700,000 in legal fees and so by a strange Twist of irony we wound up buying that building and knocking it down and they never came to town even though they won the lawsuit but what that says to me is that our community doesn't want to see any more of that come in and if that's what's on the heels of our deal coming behind us that that's another leg of support on the platform of doing this but I was the Russells Richie Russell lives right down there and the people that live were build Nos and all them live behind it what what commitment can we make with ourselves here if we go for it to do something about the unused real estate assets that we have can that well can can we add a provision to our resolution that if we buy this that the council will pursue to give direction to the staff to pursue an expedited plan to to evaluate our assets and what we can do with them and put it on the agenda by October or at October when we're talking in 90 days or 90 days to figure out either we sell it we find somebody to help us build on what we want or need or we get rid of it you know just just companies that do would do affordable housing they I know I know I know all they need is the dirt I talk to them manage it I talk to them I know I know I know like the project in the middle of town what's that Orman um what's the name of it you look you looked at it I looked at it w we Yes W we gave it to them for for that was stupid I'm not talking about Gorman that a stupid move well go ahead John yeah can I can I just ask if if rather than combine the two if we can do those as two separate motions um so that that they're not um conflated together um but I think that they flow from each other but I think it would be better to have them as two separate motions um uh one on the resolution specifically and then we can do a separate motion on on direction to staff I move to approve the resolution in the tab okay do I hear a second I'm going to Second it okay so is there any other further public comment before we move on Marney um I don't have anyone El okay because we had public comment already when van and Mr wish Meer and him spoke okay so um we have a motion in a second call the rooll please Marne and Miss Elizabeth Jolan is recused herself council member Mark GRE yes vice mayor Sharon Mahoney yes Council mayor Henry rosenal no and mayor buddy Pender yes the motion passes three to one second motion would be for the staff is this a resolution or just Direction I don't know how hard it's just a motion Direct so Mark hold up one second is there any there's no reason why Elizabeth that you can't participate in this correct okay you know what um I do actually have something to say as soon as Mark gets going I okay all right okay I know you've missed me I know I may want to I may want to adjust the motion after what you want to say would you want to say your thing first no I want to hear how you're going to put that motion forward the motion is to give direction to the staff to bring back to us options on dispos osing of or using the real estate assets that we have which would include what's commonly known as the Machado properties the four Lots across the highway from the Marlin store and the Walgreens Island silver and spice property at Mal marker 81 or whatever it is wait but can we maybe get a listing of all the assets not just those two I think there's just a bunch of vacant lots that are conservation oh we there are there are some that have okay well F you know what there's a couple residential lots over by the air strip that we knocked down a trailer that we got so why not add them up to them add them on fine if we're not using them let's let's put the money to use for the taxpayers so anything that's potentially buildable meaning non-conservation or non right right yes good good good Factor John yes and a minimum of of 90 days I'd say to come back to us 990 120 days whatever I think we've got let the manager handle that he knows we need to get it quickly I don't want to interfere with staff's other pile of work that we've getting given them now little Elizabeth okay now Elizabeth hey Elizabeth I I wanted to make sure you were included because and I appreciate that so um I I I like the what you're expressing is um a need a need for use right to to not we're not just going to spend money and sit on it like like we happen to have done with Island over in space but but what I'm hearing you talk about is a disposing of properties but but part of this is um is identifying needs that we might have in our community so which is pretty big order right it's I mean are are you asking the staff to say uh identify all the needs like Workforce housing or maybe we need property for our public works or maybe I mean that that's a that's a massive task right I think that's a that's a tall order I'm sorry to didn't mean there might be a community I mean this is this goes into strategic planning which I mean I'm in like yeah let's figure out what we need I don't know how you do that I was trying to start out small and simple just the two Parcels because they're the big ones that's where all the money is I agree with you and and then if if if and I don't want to burden the staff with the others is because that's where the details and the devil come together on all that but I still think I think that would be even a third motion to ask them to explore that the Public Works needs a place to go I think the manager's been looking into that for us yeah already have but but maybe we just on this particular resolution keep it straight and simple just the two properties and then we can do a third one now or later about everything else I just ask is the Machado proper isn't it hammock yes some of it is hammock and that's something we need put that in the report you know we may want to preserve it is the whole the first lot is allam I have a lot to say about that when the time comes Mr Cole I think we were ending up where I was trying to guide the conversation a bit so I'm I'm happy with the fact that we have two to start and we can take them as we go as opposed to the entire list and as councilwoman Jolin mentioned that would be a very uh significant undertaking to evaluate everyone with every possibility but focusing on two is good okay so I there's a motion do I hear a second I'll move to approve okay uh do I think we need to have public comment on this John no it's just direction to staff to bring something back so it's the motion to have them make a list of the two places the two properties and what figure out how we can use it or sell it sell it so it'll be the machata property Island silver and spice and that slab on top of green turtle hammock right and the Machado property just so every that's four separate Parcels but we're calling we're calling it the property it is four separate Parcels those two properties front of Futura and uh Vacation Village all right silver spices inv so I I I we have a motion Marne we have a second would you call the role please council member Mark Craig yes vice mayor Sharon Mahoney yes council member Elizabeth jolen yes council member Henry Rosenthal yes and mayor buddy Pender yes motion passes 5 to zero okay now we can move on to D John that's correct yep we're into ordinances this is an ordinance on first reading it's an ordinance of isar Village of violence Florida extending the temporary moratorium established pursuant to ordinance number 23-10 relating to the acceptance of new market rate residential building permit allocation system Bass allocations with or without land dedications providing for severability providing for conflicts providing for the transmittal of dis ordinance to State Department of Commerce and providing for an effective date upon the approval of this ordinance by the State Department of Commerce um this is uh what we had talked about last month this as you all recall we are under a um moratorium for uh new market rate um bass applications this ordin this ordinance if approved um after second reading would extend the um the moratorium to February 6th 2025 um so that is that is what is before you uh before you all tonight um uh I should point out this did not go to the LPA um and the reasoning for that is that the ordinance that it is extending previously went to the LPA and that ordinance also gave you all uh that ordinance set forth the ability for you all to extend it upon reasonable cause um so I just wanted to make sure that that in case any LPA members are listening that they're they're understand why uh Council how about if we have public comment and then we will move we can discuss public comment is now open Marney any takers yes uh Joe wishm and Van Cadenhead okay man I'm messing with your time here tonight Jo wishm Plantation key as far as the moratorium on market rate with with our current situation with the future lawsuits and the lack of permits the moratorium should include everything until the Strategic plan is in place especially with the conversations that we've had earlier why are we even taking more applications when we don't have the permits to begin with so not only should we continue with this moratorium but come on developers six more months if they've got a plan is not really going to be very much of a deterrent to them they're not going to say forget it anymore so I think for the benefit of all of us we should have a complete moratorium until we have plans in place lastly I just want to say I think it's rather interesting that people don't want the CVS's or the 7-Elevens guess where I'm going oh yeah 7-Eleven oh and a distillery in my neighborhood so those that are complaining about a few other smaller things just keep us in mind thank you Kaden head again well I push for the moratorium for years and you finally did it and I'm really happy that you did and uh I would urge you to extend it um I'd urge it for another year and I also have to uh listen to what Joe said about uh uh everything we ought to shut you know slow this mustang down and and you know there's there's people in the building and development community that aren't going to like this sound of that but you know we're already overbuilt we've been overbuilt it's just a common sense approach to hold what we've got and see you know let the dust settle a little bit and you know if it's only six months that's what we're going to have to do but I urge you to pass this thank you if I could just do one more thing you know when I say the complete i' I haven't seen anybody in years apply for apartments which it we've desperately have needed in here so even though we're saying a moratorium on everything at least after 6 months if you wanted to extend it to something like that that is beneficial and brand new and is going to benefit things like that I think that would be a good thing thank you okay did Van speak no holl's next okay Holly Jones 33 Flamingo hammock Road um I Heard everyone mention that they don't want the big box stores and um they have you guys have bought property that you're not sure what to do with and I don't understand um why you don't make parks and plant the trees fre and do that kind of stuff you said you don't know what to do with it and you're worried about my hammock but yet why don't you put your money where your mouth is and buy the church and make it a park take silver and spice plant trees I mean if that's if people don't want big box stores you said they came to Chica and they want to ride their bikes and they want to do these things then you I don't understand why so difficult if you you're worried about my hammock I'm like you could plant so many trees a hurricane came through Island marada in 1935 and the place was completely flattened out there were no trees so there's a lot you can do but that won't bring you money in if you put a park there parks don't really bring us in a lot of money so I don't know why you don't do that why you don't make bike trails the things that people say they want when they come down here and as far as affordable housing goes we're going to have people up here and people down here what makes a country strong and a community a community strong is a strong middle class and we are losing our middle class people and it's sad we it doesn't make sense what you're doing okay so we're going to have people here and people up here living side by side we need to do more for the middle class all I hear about is affordable housing and I'm not against it but what are you doing for the middle class people the regular people that have to go to work that we need down here living and working I do attend Island community church and they just got an amazing um youth pastor and his wife and their family and they have to pay to house them they are amazing great people that are coming into this community but they have to give them a place to live because there's no way they can afford it here I think we're making a big mistake it shouldn't be just aord able housing it should be middle class housing where's our middle class I just I don't know I don't know what the answer is and I don't envy you guys up here and I know you're trying to do the right thing but I think we we need a whole different approach or a different mindset if PE if people want parks and they don't want so much traffic but now we're going to add a huge affordable house housing in that spot it's not going to cut down on traffic it's not going to cut down on anything I don't know all right thank you thank you for your your concern all right anybody else on Marne anybody on Zoom okay all right all right so public comment is closed thank thank you for coming forward though Holly thank everybody for um Council let's do it okay do I hear a motion we're talking about the six months we're talking about the moratory and the tab we're on right now tracked move to approve second all right Marne we have a motion in a second would you call the role please vice mayor Sharon Mahoney yes council member Henry Rosenthal yes council member Mark Greg yes council member Elizabeth Jolan and mayor budy Pender yes motion passes 5 to zero okay so can we take a break for a minute before we uh uh Mr Harris come on up for a minute thank you um on the motion earlier tonight to table till October the bass uh allocation for or the administrative relief sorry for the Jones family I was speaking with him while we've been here engaged in all this and look they're fine with if if you reopen it if you reconsider it just taking away the negative points as their administrative relief um application and leaving them in bass so they haven't taken one of the allocations they stay in B pass but you've you've resolved their administrative relief application that's pending because you're just going to take away the negative points that's a good compromise because if we're doing this on October 6 we're going to be doing the exact same thing under the exact same rules that you have tonight the new rules new policies that you come up with will not apply because the pending ordinance Doctrine which I call Red Flag because that's what we call it kicks in tonight it doesn't kick in to the two that were here tonight so to save everybody from having to come back and do this again I would ask somebody that's on the prevailing side to make a motion to reconsider and just take away the negative points so that they can remain in B pass and thank you for the time thank you Ty you and I are on there no we're on there yeah so it's either got to be Mark Henry or Elizabeth you know they they they stayed the whole time I think we should at least give them a little discussion here what are the negative points I can you please come back what what is the outcome of what you're asking so generally The Village either give somebody an administrative relief or in the cases we've had unique environmental issues on Lots we have in the past that's why making the suggestion kept people in bass not given them their allocation but remove the negative points so that they're rescored without the negative points that they're getting for being in the hammock and then that keeps them if you do that it keeps them in B pass I know it moves them it moves it's going to move them up on the list but they're not going to get an allocation tonight are you asking how many points yeah I'm looking right now all I want to know it wasn't prepared for this hold on one second I I don't know what the negative points are either because it's not in my I don't have the scoring sheet he's checking I'm trying to find it yeah I appreciate this consideration thank you I just would um request that um the way the way if I'm if I'm clear and maybe I could get some clarification from Rob about if you want us to reconsider a vote perhaps we could put this in this request in writing and we can have a chance to actually understand what it is that we're we're voting on because that can come back at the next meeting as I understand it we can bring back at the next meeting a reconsideration and because I feel uncomfortable uh trying to grasp this on the Fly I mean even our you're asking our planning department to come up with something and I and I respect I totally respect what you're what you're what you're getting at but can we request that you put this request in writing with some then have Jennifer provide some information I think she's suggesting like a motion for reconsideration coupled with a staff report because you know under Robert's Rules somebody on the prevailing side either either tonight or at the next meeting has to I feel more comfortable the next meeting when we're not all blur eyed and hungry and full bladder and want to deal with this after a little one second John go ahead the the motion to reconsider the motion to reconsider has to be done under our rules that we adopted has to be done at the meeting where the action was taken okay it doesn't mean that you couldn't Mo move to reconsider it and then defer it to the June meeting get the information you're looking forward to the extent we can't get we're okay with if you want to bring it back in June that's fine it just ases make sense to wait till October to do exactly this all over again so that my understanding is that at the next meeting we can reconsider an item right but you need to make the motion tonight to make the motion to do it tonight I'm not comfortable with that right now do we hear from Jennifer she was going to speak I just the the total negative points were NE -4 if that's helpful so she goes to 21 yes top of the list um I don't I got p hold on let me ask you a question Ty why she's looking so if we I've learned a new word since I've been around Mark precedence so if we do this does that set a precedence for anybody who's in administrated relief to do this under the current rules you have you can excuse me we should ask our lawyer that not Ty right because that's our legal council is here I can ask the man a question if I want to I I kind of administered the code for three years so I'm feel pretty comfortable answering that question as we discussed at the last meeting you have multiple options when administrative relief request comes in you can give them a building right which is historically what we've done most of the time you can offer to purchase which they can reject or you can come up with some other other alternative the other alternative that we've done in the village was to on environmentally sensitive properties with hammock remove the ne ative points and keep them in B pass John is that correct so I'm not stepping on anybody's toes you know I'm I'm not aware of us doing the but I'm also I've never looked into that honestly so I I'd have to look into that I don't have a reason to dispute it but I don't have a reason to I I'm not going to uh make a motion to reconsider I'm I'm sorry Ty I heard what you said but it's um not what I want to do tonight all right Henry thank you you care to do anything say anything I'll second the motion we're not making a motion Sor keep the status quo okay hey Jennifer did you find out how many points she would have 21 yes so there would be four negative points so it would be 21 but there may be some additional perseverance points that I haven't calculated but even the 21 would put them at the top of the list okay okay so John is there anything that prohibits Tai as their attorney to be able to write in and request what or we have to we had to make the motion tonight yeah the the and and this item has been deferred to uh was it October 8th or 10 the one of the October meetings whatever was specified so um you know it the that that motion prevails so it would have to be tonight if it would have to be tonight and it would have to be made the motion would have to be made by one of the three prevailing parties it could be seconded by anybody but the motion has to a motion for reconsideration has has to be made by somebody who voted on the prevailing side of the original motion understand what he's saying I hope so okay are you do you want to do anything or not for me to reconsider is okay okay there you go that's contrary to what you said a minute ago about you can make a motion the status quo the way we have it now and redo this or re look at it again in October or you want to open up the whole thing again and talk about it more I'm going to agree with you and that's the end of that leave it status qu leave it to where it is okay all right it's over and done with then okay all right so do I hear uh adjournment then yes let's let's go home okay e e