##VIDEO ID:UUbuvs8Ix9w## e e e e e e e e e e e e e e e e e e e e e e e e e we're going to call this meeting to order Marne would you call the rooll please council member Mark Greg I am here council member Elizabeth Jolan here council member Henry Rosenthal yes vice mayor Sharon Mahoney here and mayor buddy Pender here we have a quorum okay okay I've asked uh our firefighter young man there to uh lead us in pledge please yeah tongue twisted there okay we're gonna have a quick prayer here and get started here Lord we thank you for this awesome day that you have made let us rejoice and be glad in it and father we just thank you that uh for all the rain the the sun just the beautiful tree and everything around us where we live we just uh ask your blessings to be upon all here we pray for uh for this meeting tonight and uh we just ask your guidance and we ask all this in your precious name amen okay Council uh requests for deletions and emergency additions anybody I don't have an deletion or admission but there's an item on the agenda that I would like to see if we could move forward um it's the last three tabs and the uh agent for that or the represented for that uh it's g h and I yes I I understand that that may be withdrawn and if so it's since it's at the end of the meeting it seems unfair to make them wait that whole time for one minute in the spotlight to do that so so it's it's G and I and they want to defer it until November 21st meeting so are we okay with that yes okay John do we need to take a vote on it yeah it would be uh there would be a motion to defer tabs GH and I to the November 21st meeting starting at six uh 5:30 here at the community center that would be the motion okay do I hear a motion excuse me I want discussion yeah okay go ahead um that's after the the um vote election election there's obviously a political reason for that which I really don't object to but the fact is I would like to hear it before that I just would I think we deserve the opportunity to hear before that someone has put in four years two years we don't know if we're going to be here in after the election I just think it's something that we should consider if I'm if I'm wrong you can say so I'm not I'm just saying I think it's something they applied for and we can't if it's a certain amount of days it's certain amount of days well I understand that but I just want to be on the record that of my position and the reason for that position that's all I think the applicant has a right to ask for one deferment I mean I'm not trying to dis disagree with Henry but there may we may not have the authority to go along with that I'll concede to you because you're correct but I just wanted to make the observation thank you well um I think you're correct in that vein um I assume that one of those guys is are either of those guys correct so yes and no so the the yes and no in terms of the scenario the um uh an applicant has an absolute right to request uh a deferral seven days before the meeting I think it's seven days there's a set time period and as long as it's in writing to the planning director the planning director doesn't have any discretion she has to Grant it when at the point where we're at now it comes before the council and it's a request to defer and it's the council's discretion um on the uh the deferral so we don't have to accept it you don't have you don't have to you can you can put it on in O you can say we'd like to do it in October um and you can move uh you can move it to that date it was you know the request was for November but you know you could put it then if you'd like um so my comment on this is um either do it let's let's either do it in October or do it in December so that that newly elected group is not faced with the situation we had when yeah this group came in and there was was messy and horrible and nasty and and actually quite um traumatic to have a big decision well I think we can actually do both because it's an ordinance that requires two readings so we could hear the first one and the second council could hear the second one creative really coming together go ahead joh the other thing I wanted to point out is the applicant would also the applicant has a one-time right to request the deferral so even even if if we put it in in October and if they're not ready to go they would still have the right to request that deferral deferral under our code the second time well because they requested it's at the request of council um you know what that's a good point let me look at the code and see what the provision because the last time we dealt with it it was the council request in the deferral and not not at the applicant's request I will be right back with you and I just want to clarify that only one of the tabs is requires two reading only one of the tabs requires two readings the other two tabs only one reading okay thank you for that but I think they are codependent or whatever the right word is for that they're intertwined okay well um and the applicant's representative is in the audience if any if he if you want him to offer any input what is your pleasure we're waiting to hear John's respon let John look at that Bart did you want to say something the want in the mic please I i' defer first the what John has to provide on the deferral and then if I need to comment on it I will thank you he I apologize Bart Smith on behalf of the applicant while waiting Deb you want to hear Deb has a report you want to hear it while we're waiting so in order not to rush our attorney I would say this would fall under the applicant's onetime request because it's being made by the applicant now okay so what's the will of the council well is I'm I'm not meaning they would not be able to ask again well so they can ask the request that's one issue it's the timing of it is is that also included within that one-time privilege well it says if the request is not received within the time period specified above it shall be considered by The Village Council at its sole discretion that's where we're at the request um was not was received after the yes um the time period so that it falls this Falls within their onetime request uh meaning they would not be able to um make another uh uh one-time request as of right so we we don't have an option to adjust the date on it well it's at the council's sole discretion I mean the council could could put it to November could put it October frankly you could put it to January I mean it's anything in 180 day um time period um so it's at it's at the council's um discretion um I mean there might be a reason why I don't know what the the reason was for the the November date there might might be a reason why um and so so we're trying to address the concerns over traffic and get the study adjusted uh September we're pretty much at the advertising date for that I have a concern that we haven't even contacted the traffic consultant to address the gross vers that I'm fairly confident what the results are having done seen enough traffic studies but still want to address that discrepancy uh and so I felt September's probably too soon October's probably correct but and if if we're ready to go in September I actually want to go in September and if if October we're ready but November would be the outside date if you're concerned it's the first meeting for the council I'm more than comfortable saying defer to the December date and if I can get it to you before then we're going to be back in front of you before then it's not about who's on the council because we don't even know who's call it's more about making sure that we have it done before we go back to you yeah my my my concern is that you will have a new Council and I mean we just spent the last five days learning about this and and I it's I mean I I would hate for hate to have the repeat of last year's messiness dumped onto the council so I mean it's it's our I mean sounds like everyone's in agreement here we'll delay it and you know there's no being I'm in favor of that because whether I'm here or not possibility I will not be here in November and any of us could not be here Henry five of us may be gone that's exactly right but I'm not suggesting that we have shouldered this proposition for some time I know it's just come up recently but it's been there for a long time I want to give the opportunity to discuss it and if you're going to take that opportunity away from me which is okay I mean I'm not going to feel comfortable with it but I would like to do discuss it so to me the date that I would propose and I'll make a motion you don't have to second it that we hear this g h and I I believe in in U October the October yes October I don't care fine I sure okay the so the motion just so we have this the specific date because um it would be for the October 10th meeting um at 5:30 here at um the community center is that the second October date yeah the land yeah that's the land use meeting what's the date John October 10th at 5:30 here at the community center hey Bart are you uh okay with that just making sure I'm here my kids are in school so I guessing I'm around it's a fun thing during the summer it's like no I'm probably doing something but once next week starts yay kids back back in school schedules are back in place so uh yes no I am I'm around I am here so um it is actually though the city of Key West commission meeting date as well got a time so is it is the October 10th going to be okay uh yeah I the only caveat I give is is is I may be requesting September as well but because if I get it done we'd want to go in September but let's do the October date and if I can get it we'll pay for the advertising for September sound good John okay give us a motion then yeah if you want to do it it would be a motion to defer tabs um GH and I to uh the October 10th meeting at F which starts at 5:30 here at the community center that would be the motion no moved okay so Henry made a motion do I hear a second okay Mar we call the role please council member Henry Rosenthal yes council member Elizabeth Jolan council member Mark Greg yes excuse me vice mayor Sharon Mahoney yes and mayor buddy Pender yes thank you and thank you for the courtesy of bringing this to the front thank you have a great evening all right bark be safe coming back from uh the Bahamas man all right so any other uh delet itions or additions from anybody no okay with that said we're going to move on then excuse me Mr Mayor I wanted to talk about that piece of a piece of property when do I do that uh let's do that under mayor council Communications how about that thank you right you want to say it now you want to put it down because that is an addition that you want to talk about so yeah go ahead say it tell say what you want to say and then we'll talk we'll discuss it under the mayor council communication I spoke with Peter frza today about uh piece of property at mile marker 76800 that uh on one side of it is state-owned property the other side is conservation and I was told today that they are trying to get that rezone commercial and so uh commercial highway so I was wondering if we could have Peter and the staff look into the possibility of maybe Florida forever uh Monroe County Land authority to maybe purchase that property uh with us or not with us without us which I'm sure would be good and keep it conservation because I don't think anybody wants a strip mall to be put in there and uh it's a beautiful area I don't know if anybody knows what I'm talking about that area and I know we've talked about it in the past but now that there's movement to get it reone commercial I'm just afraid what might happen so I would discuss that under the mayor council yes okay all right okay M Mr Mayor councel please refresh me we we had a hangover item from last night's meeting regarding our uh discussion and selection of a consultant for the comp plant are we going to talk about that tonight or do we agree to push that to the September meeting I can't recall it was it was pushed to today um and it's it's uh there was an updated agenda it's going to be under resolutions um so that'll actually be the um first substantive item that you all are scheduled to talk about today I have not seen that but it might not be it might not be in your printed book because that was printed before but on the public agenda online it was updated okay okay all right so so Sharon I'm just putting your name down there and we'll discuss it under and that was tab 16 from last night tab 16 from last night yes okay okay so that moves us uh to public comment general public comment Marne uh is there any public comment yes van kenad evening Council van Caden head from Mil Mara uh I'm going to jump back into the deep end at the pool here that we had the discussion last night about lifeguards and closing on Sunday and one thing and another and I don't know if I want to address this to Mr Cole or to Maria bajati or to the the mayor and councel but uh I'm a from the time I was young I was a scuba diving instructor and I spent a lot of time in pools public pools and I've also been in charge of the pool at holiday aisle back in the 70s and you know one of the things about being a lifeguard is that you have to make sure that the water is uh up to Snuff you got the pH Factor you have to measure every day and make sure it's clean and clear and uh I've noticed that uh this pool here as far as maintenance goes is very poor if you look at the the uh go in there with a mask and look at the grout uh between all the tiles is black algae mold which is not good it's a sign of uh you know the bacteria and if you go into the the diving well which is you know deep all around the walls are green algae growing on the walls now no they figured just to to uh adjust the amount of chemicals is not curing the problem uh what cures the problem is elbow grease and lifeguards that aren't afraid of work because uh you have to wipe the perimeter of the pool at water level with algicide at least once a week we used to do it a holiday aisle on a daily basis because we had such high traffic but you don't want to get to the point where people are getting sick from being in that pool and if you were to go in and jump in that pool with a mask you'll see exactly what I'm talking about there's green algae growing all around the edges of the diving well on the walls and if you look down the the uh tile which delineates the the lanes there's black algae in there now what takes that away is is elbow grease and you have lifeguards out there that are making you know if you want to make more than uh $20 an hour um that's going to bring you more candidates and as far as candidates and liability goes I would I would think that it would be wise to have one of the stipulations for hiring new life am I interrupting something I would think it would be wise to uh have a limit of 18 years for a lifeguard because that would that would help out I'm sure with your insurance and if someone were to drown it would be a bad thing so I I just want to bring up the condition of the water and uh the the pay of the lifeguards and the age of the lifeguards because this this pool was was put in when I first uh came on board with the village back in 98 and it's a multi-million dollar investment it's a beautiful pool and let's wrap it up please come on okay yes okay and and I would just uh ask you to uh Focus your attention on the condition of the pool because it's going to be completely renovated and uh drained down to nothing and then resurfaced but one of the reasons that we have this problem now is because it hasn't been maintained thank you very much thank you Marne we have any other public comment got to say something go ahead Elizabeth go ahead could I have wait wait hold on one second let's do we have any other public comment yes we do we have Mr bshm on Zoom okay soon as public comments finished you will have the floor I might get over it by then but no okay all right go ahead Marne okay Mr wishme go ahead you've got three minutes yes Joe wishm Plantation key I would like to take this time to commend this Council on moving forward with more moratoriums I would hope that you would consider actually a total moratorium including tdrs on all projects except for Workforce housing by Workforce housing I'm not talking about $750,000 homes but apartment buildings like the one-bedroom one bath units proposed yesterday at Woods have you're hiring a company to redo the entire comp plan so until the new comp plan is done no decisions should be made the decisions that you make now may not be legal with the new changes people are so concerned about future lawsuits from takings but we're still taking applications so we need to think of the future this is why so many people contractors and developers are chomping at the bit to get in before any major changes take place even tonight you are being asked to make flum changes and Zoning changes not knowing what the new comp plan will say we'll just stop to all of this until we have Clarity and definition of the new plan people can wait another six months or so they've waited this long I also wish that you would reconsider when you call for public comment on an item it would be more informative to hear what council members have to say before we speak some issues are confusing so listening first help us with facts or maybe we could help you with some facts either way would be beneficial to both parties and maybe even get more public participation thank you thank you Marney do we have anybody else no sir okay all right elizabth you have the floor I I know it's not our our policy you're okay comments I just wanted to to just state that that actually the pool is beautifully maintained and our lifeguards work very hard they show up they I mean I I just I just can't I just couldn't let it go um because they do a an excellent job if anyone goes in the pool I mean I'm there every day I am not sick I and not only that but the community is benefited by this amazing resource they they do a great job that's all thank you I was going to ask you that question how many times a week you swim and you just told us okay thank you Elizabeth okay uh so let's move on to citizen advisory committee reports uh Deb Gillis [Music] LPA hello is yeah okay good evening Council it's Deb Gillis and I'm the chair of the LPA uh we had a committee meeting on June the 10th and we had all seven members present we had six items in front of us to review um the first two items was the ly Bell property which I believe is in front of you tonight uh the app applicant requested a flume change from residential medium to mixed juuse and from zoning and a zoning change from settlers settlers residential to uh Highway commercial the LPA had a discussion about this property was surrounded with other commercial and we recognized that it was also on us US1 so we were recommending that you approve this so the approval was to The Flume to go from residential medium to mixed juuse and the zoning from settlers residential to Highway commercial and that was a 7 to zero vote we also discussed um buffer yard adjustments which I believe was already here once at least I don't I think it's an ordinance so you may hear it again uh I wanted to go through our thoughts anyway this was an ordinance that would eliminate the requirement of a residential zoning property to place a buffer yard on their property where they are adjacent to a commercial zoning property the requirements of the commercial zoning property would still be to re to put the buffer in um it was discussed that the fact that even though the residential buffer would be eliminated that they would still have to meet the setbacks and would not be allowed to build it was only the buffer that would be eliminated uh that passed LPA as a 52 vote uh we had a shoreline setback uh discussion on Tiki huts on the docks this would allow Tiki Huts or gazebos on docks or canals and basins on docks on canals and basins I'll get it right yet um this came in front of us because of a res president appealing to you uh we looked at the correction to it and there are several um Tiki huts and and gazebos that this would apply to that if a storm took them out that they couldn't be replaced and they've been there for a long time uh staff brought us an ordinance that we thought corrected that problem and didn't didn't cause any other problems so we approved that as a six to1 vote uh we also had in front of us uh an ordinance about the temporary moratorium on administrative relief applications again you've heard that on first read I think you have second read this evening uh that passed LPA as a 6 to1 vote um and our last item and we only had one of the three items that you were going to hear tonight for The Islander only one of them is was required to come in front of LPA um and I know you're not hearing it tonight but I'm going to go ahead and tell you what we did Creekside LLC requested a zoning change excuse me a zoning change from Village Center to Neighborhood commercial Village Center prohibits the conversion of Motel units into residential multifam or affordable units the zoning change would allow Creekside Motel to develop into an affordable housing project the Moto units would be then transferred uh to The Islander property that is what we did not hear but we heard the background of what why this was going on uh LPA members stress that these affordable units must be approved developed and finalized um prior to the motel units being finalized we would be uh we we could have them built simultaneously but before there was a CEO on the motel you should have your CEO on the affordable um and that passed 7 to0 at our meeting um our next council meeting or next Council I'm sorry our next LPA meeting was September the 9th and it has been cancelled um so I'll see you in October thank you thank you oh did you have any questions I'm sorry do anybody have any questions thank you okay thank you Deb okay mayor council Communications vice mayor you uh have the floor um again I would like for us to take a look at the property at mile marker 76 um when I talked to Peter today he was very positive uh about it and um don't want do not want it to become another Park I would just like to see it stay conservation and um that's it I just wonder if we could take a look at it also but it could be Workforce housing because it's where the tennis courts are yeah it could be but or we could leave it whatever but I think right now since there is someone looking at changing it to commercial is that correct so we've received an application from the owner of the tennis club to change it from the existing zoning which is uh uh Native residential to Neighborhood commercial uh the reason that they've cited uh we just received this application this week so we haven't had a lot of time to do the research but the reason that they've cited for the change is um the tennis club has been abandoned for more than 365 days it's a non-conforming use in Native residentially zoned so they would not be able to bring that use back uh in order to do that they would need to change the zoning to a zoning District that allows for a tennis club that's the reason they've cited for the request for the change um and that's what they've presented again we just received it this week they haven't even paid the fee yet so we haven't had a chance to Deep dive into it um I would just also note that there's open code violation on the property and they owe about $180,000 in fines on the property um so there's a lot going on I know I know there is but I'm just saying instead of we want to see it stay uh the way it is and I don't know housing I don't I don't know about that but I'm just oh go ahead Rob there's a clubhouse there I know you know people have asked us about that we've been looking at it on and off for years just one other consideration I spoke with Pete as well today and um one thing he wanted me to highlight was that if we want to use Florida forever funding assuming that it gets on that list and is approved uh that it would have to be conservation and no other purpose so that's not to say we can't do the other ones it's just that from a financing perspective we would pay the whole boat instead of whatever yes can I ask a couple of questions I I'm learning as we speak I wasn't sure of the property but now we're talking about the tennis court there so I I I get that um I I this is a dumb question for me to ask but we don't have a moratorium on acceptance of zoning change applications we do not okay that's that's that's what I thought um so um I I like your idea and I think it's a good one um if we could and it's zoned currently native residential native residential so that's close to conservation if we were to acquire that I don't know if the state or the county normally buys a developed property however however if we were to return it to its native condition plant your trees there we go you're reading my mind so there's a place for us to put all the trees that we've cut down I don't think we really need another park that's just my opinion we have six Parks already in the village there's a lot of people want well we'd have to ask the folks I'm got to be honest whether I'm running for election or not have to do a little survey with well yeah I know the pickle ball thing but I think we should ask the residents of lur mumi because that's a they're special they're different they they like low density they like to be left alone well again I'm just saying before somebody snatches this up and changes it to something uh maybe it wouldn't be affordable Happ maybe they put a strip mall on there I don't know but I'm just saying where there's conservation on either side of it correct the state owns one is that right and uh I just think it's something that we should just at least check into and see the possibilities Peter was extremely positive about it so I thought I'd bring it up and see what we could come back with I'm on board but isn't it also true Jennifer that we don't give out building permits and I don't think we give out planning approvals until someone has resolved their code enforcement problems that is correct okay all right thank you and it could be possible to you know take I don't know of it but could be possible to keep a certain amount in in conservation and have a little park with some pickle ball Courts Park okay uh I'm part of it so you Mark can get his trees and you get your balls and and other people that are come knocking on my door wanting pickle ball courts people normatic have talked about it that they you know so I'm just bringing it Forward okay all right so do we want to put this on a future agenda here or you want direct staff to do something okay Rob go ahead um I think if Council wants to take a vote for uh Pro providing staff Direction that's fine but my consensus view right now is yes let's let's look into it and report back okay are we all there a consensus here okay all right thank you okay anything else while we're under uh mayor council Communications nothing else okay so let's move on then to Village attorney Village manager Communications you guys have anything no sir mayor okay all right so let's move on to resolutions then uh so we're on the to talking about last night tab 16 yep tab 16 uh from last night it's a resolution of the Village Council of alam Village of violence Florida approving the selection and recommendation of the RFP 24-10 evaluation committee for the comprehensive Plan update authorizing The Village manager and Village attorney to negotiate an agreement for the project authorizing Village manager to execute the agreement authorizing a budget amendment authorizing Village manager to expend budgeted funds and providing for an effective date okay Jennifer um well where we left off last night um the council was interested in asking some or all of the Consultants that provided responses to the RFQ to come in for uh interview of sorts and so you were going to go back and look at your um link of all the proposals and determine how many of those Consultants you wanted to see if not all of them and then you were going to give me some guidance as to what that would look like whether it was fullon presentations um so that I could then in turn tell the Consultants what to be prepared for and then we also need to decide is this going to be a special call where we would just do this we're going to add it to an a meeting how do you want to do this all right Council start I don't think adding it to a meeting is g to be a long meeting I I don't think so I think it might I personally think it might take a special call meeting I do too just because it's if especially if Henry wants he wants all five of them yeah I think we should devote the time and attention to it that it most richly deserves this is a hugely important decision that will affect well past our time so let's do the best we can and then some once again as I said last night I invite all five you really don't know who is who until you see him maybe some guy comes in in a bathing suit and you say look how this guy's dressed I don't think I want to put put him with the this job it's happened to me more than once and invting suit that's not an ating SU suit no but was he wearing flipflops I was set on someone of great importance and somebody else said to me what about so and so I said well I think we got the guy and then I said well I'll look at the guy and he was better than the guy I already picked it happens so my suggestion is to invite all five special call meeting this is one of the most important things we're ever going to do for the next 10 years so that's my suggestion thank you so I would like to also hear from all I did review Thanks to the manager for pointing out the link and I read through that and there's some very impressive projects that some of these uh applicants have done and there we we it's not like winers and losers they're all winners it's just it's fine differences you know degrees small degrees of difference so would we like them to come and maybe give us let's say a 5 10 or 15 minute presentation each do it in alphabetical order and you know try to be as fair with them as possible something like that I think I can learn what I need to know in 10 minutes after we have a month here to or three two three weeks whatever it's going to be to continue reviewing what they've submitted is something like that Jennifer if you were being asked to do this as a planner would you think 10 minutes would be enough to make a decent sales pitch based on what we the material that we already have it's kind of a summary and and then maybe feel it's kind of like we did with the manager right yeah I mean I think if you're if the presentation's 10 to 15 minutes that's fine and then opportunity for questions afterwards I think that would be good you have as you stated you have a a pretty good handle on their proposal they've all given you examples some even provided links to uh other comp plans that they've done in the in the State of Florida so you can always you know research those prior to meeting with them so I think 10 to 15 minutes for a presentation is adequate yeah Bob how many minutes did we give you you remember no sir I don't recall exactly how many how many minutes but I typically Target you know five minutes 10 minutes it for for a consultant like this though Jennifer's right 10 to 15 is what I would Target okay so 15 minutes 15 minutes yeah no more then so are we in a position tonight to choose a date or we're just going to have the the staff come back and we'll coordinate a date do you want to do this in August can we narrow that down and and you know and I I so that's one question how do we choose that date and I would also just wonder I know that the way the the the staff has re ranked these the lowest group is the cordino group and they're literally 20 P points below the others I have a feeling especially with the the history of that group with our town that they will not that there's a reason they were ranked so low so even if we only do the top four I'm happy with that but um if Henry wants to see them that's fine but I know we do have a history of of working with them and it hasn't been like Rosy so um what how do we want to pick this date I think Jennifer should reach out to them and see what they you know they have to come here and so I think Jennifer should talk to them first and pick some dates and see we how about on Zoom can we not do it on Zoom because we wouldn't want to pay the so are we an agreement do we want to pay for these people to come down or no no they just have to come on their own and interview they want want to bid the job they need to show up they all they all have offices in South Florida so I'm not sure that you're paying for anything they can come and sing for their supper gotcha do you guys want to hear the Cino group I want to hear them all anyone sat on the affordable housing committee I bet Don could no anyway all five okay got it okay all five and and Jennifer can you pick a date and uh I mean I I don't know if it's going to be feasible that what we're on today's the eth and then we got all the budget stuff coming uh got a holiday coming a holiday coming Labor Day the your September land use meeting right now only has two actually one items it's count vice mayor Mahoney's um zoning change it's the only thing on the agenda for the September land use meeting um I don't know if that's an option for the rest of you if you feel like that that would be uh September 14th I believe oh 12 12th I'm sorry I'm inan November yes September 12th September 12th that would work if there's if it's a light schedule that night I'm not anticipating anything else at this point so it would just be that if you all wanted we could I mean it's up to you if you wanted we could start early too come at 4:30 or yeah we could also start at an earlier time if that works we could also do a daytime meeting these are all you know Consultants that work during the day so I'm sure they'd be happy to come through the day too so if daytime the public inviting oh yes it would be open to the public it's public meeting just want to make sure can we could we could we start at 4:30 with that meeting since it's you're going to have all five of them absolutely we have not advertised um anything yet so we could advertise it whatever time we'd like so how's everybody feel for we put them on first so they don't have to sit through all of our lane oh come on you're going to be here anyway yeah okay I'll um shoot for that and um see what we get and then you're looking for a 15 minute presentation from all of them and no more than no more than 15 and then you'll do question and answers um for all of you they can do PowerPoint and all that they can Prov and you would like that in advance I would imagine I will notify them as to what the results are after they go back home exactly yes yes we'll deliberate and and then yes we would never tell them in that moment okay all right so uh we have public comment here John because we didn't we didn't do this last night so Marne do we have any I mean you can take public comment you're really you're just deferring the item you're not making any decisions so you're not under obligation to take public comment until you're making a decision on this so okay you're you're okay as is if okay do we have any public comment Marne yeah we have three folks who signed up last night who or excuse me four folks who are here okay I think we should do huh okay so who's here um van Cadenhead Sue Miller and Jerry oathy okay public comments now open okay there were four members uh of the public that were in the meeting uh of the committee to choose the the uh comp plan reformers and one of them was uh councilman Rosen Thal and and then the three of us who are going to speak or who asked to speak I guess who's uh not going to speak to it but uh we were taken by the fact that there were five firms that put forth prospecti of a hundred pages I mean you all are looking at them now and it takes a lot to go through it and and we also had on Zoom uh Rebecca Jaton from Tallahassee who's a expert State planner and very well respected and and her um Head and Shoulders Choice was was uh Calvin gardano which we've worked with them before at the beginning of the village so um we we saw that the the difference between Calvin Giordano and Inspire or Aspire whatever it is was like one point and they when they handed in their their uh score sheets from the committee um this the spread among the five of them was you know minuscule it was small I don't think there was I I don't recall it being 20 points I recall it being uh more like four points one from uh 441 was Aspire who got the nod from the committee 440 was Calvin gordano and then the last one the lowest one was 437 I believe which was cordino so we thought that it would be advisible to do what you guys are doing which is to say because it's so close and it's so so important I I agree with Mr Greg 100% because we've we've had these ldrs and comp plan in place in this Village for 25 years I mean there have been you know little change here and there in 25 years but we're going for a major reformation and it's a very important thing that it become something that we can build on for the next 25 years so I appreciate that point of view and I think uh you're wise to take this time and do it right and have a 15 minute a person you I mean you if you want to eliminate the last two and make it easy you know one out of three or however you want to do it is up to you totally but uh I think it's a really good idea to to have this meeting that you're talking about because uh we we had heard you know from from the committee that they had chosen one and uh I think you should choose the one but but because of the fact that each one of those prospectuses prospecti was was 100 pages and they were very uh technical uh documents and they gave it to us the four of us who were sitting there from the public they gave it to us with five minutes to examine 500 pages on all five perspecti uh before they made their decision so uh you all are lucky now that you have the time to go over it and make your own decision and discernment so I'd just encourage you to do what you're uh sounds like you're planning on doing I think it's a wise move and it's very important like Mr Greg said for the future of the village thank you very much who's next Marne Jerry oathy good afternoon I concur much with Van um but allow me to share just one further perspective with you I stand up here tonight to urge you to recommend that you our elected officials stewards of our Municipal municipality pocketbooks and Public Safety most seriously reconsider the findings of your July 17th Village comprehensive plan selection committee I submit to you that there can be no more important task currently on your agenda at this time other than that regarding the selection of a qualified consulting company to be tasked with amending the all-important comprehensive plan with a final score com ating in only one point difference as van alluded to between the two top candidates Calvin Gardino and Associates and Inspire peace peace placemaking Collective the final decision as it now stands was ultimately made for purposes of Expediting the council's opportunity to make an August Village Council decision and not be forced to wait until the later September council meeting this conclusion was reached against the suggestion of Rebecca Jaton The Village's selected comprehensive plan consultant excuse me in 1998 soon after I began working with your County Department of Emergency Management our office was informed by the State Department of Emergency Management that we our office was in danger of losing our comp Grant due to an outdated comprehensive emergency management plan in order to meet the rigid Florida State mandate director Irene toner myself worked until satisfied and in a very compressed time frame into the very early hours of the night to meet the Mandate from a 36-page document to a 200 plus page compendium our office essentially rebuilt the original plan with a streamlined evacuation plan more orderly and clearly understandable and subsequently added indexes to include among others municipality and Department of Health plans in Florida International University to update our outof County evacuation Sheltering plan to the point one of our primary and most valued points of contact through this entire process was Rebecca Jaton to dismiss Mr Jon's suggestion that we converge convene the top two candidates for further vetting for the sake of political expediency is akin to opting to take the citizens of our village of violence through Uncharted Waters or fly a plane load of passengers through our skies without a functioning and updated global positioning system as a former emergency manager licensed pilot and experienced offshore boater I urge you to to heed the advice of Miss Jon and reconvene our top two candidates Jerry can you wrap it up please I can for further interview and consideration by the way our reconstructed Emergency Management plan in 1998 was submitted to the DAT before due date with Kudos from theity Department of Emergency Management thank you for your attention and smooth sailing Marne who's next please we have no other speakers signed up no no other speakers I thought you said sue Miller was signed up who does not want okay all right public comment is now closed all right so John there's really no other thing to do but we just wanted to since they were here last night and signed up yep we'll we'll bring this back on uh for September 12th all right we got it okay so let's move on to ordinances uh John y um tab B this is an ordinance on first reading uh it's an ordinance of isamara Village violence Florida amending Chapter 30 Land Development regulations article 7 environmental regulations division 2 Docks and Shoreline uses section 30-1 1542 of the village code providing for severability providing for inclusion in the code providing for the transmittal of this ordinance to the State Department of Commerce and providing for an effect Ive date upon the approval of this ordinance by the State Department of Commerce Jennifer thank you Council um this ordinance is before you this evening um at your I guess your request this was um a product of a appeal uh variance appeal that was before you several months ago the uh homeowners had a dock that they had rebuilt I mean a tiki hut on a dock they had rebuilt and um it was in in violation of setback because we don't allow those them to huts on docks and so you had asked me to go back and look at how we could fix this problem for the greater good of the Village um as they presented you know over 50 other um in just in their neighborhood alone over 50 other similar situations that if we had a hurricane or a natural disaster that if they had come down they wouldn't be able to rebuild either so in um going back and looking at this speaking with their attorney um speaking with Daniel parach biologist and getting some ideas as to the the easiest way I guess to to adjust the code to make this work for everybody we just added the um line item in this section that says structures limited to non-enclosed gazebos and TI hats knock to it see 15 ft in height on docks per docks perpendicular to the Shoreline shall be permitted within the 10ft stepback from the mean high water line so that will allow um docs and G tson and gazebos on docs um and this is in the um canals and Basin section not on Open Water so um that would be the recommended suggestion for a change to the code if the council so wishes Council anybody have any questions U just a question um I think your task was to solve the problem at the uh appeal hearing and you just made reference that this is for canals and basins and so forth would there be any negative unforeseen consequences or whatever that's called by extending this to Open Water properties uh well we don't allow perpendicular docks on Open Water we don't I mean I'm sorry I'm sorry yes we do but we don't allow um I'd have to go back and look I'm sorry I'm not ready to answer that question well we can look at this between first and second reading but I mean it should be equally available to everyone on the water unless there's a compelling reason to not do that there was a reason I don't have it with me okay S I wasn't prepared for that I'll I'll hold my fire until you can figure out what's going on so that's the only question otherwise it sounds like you've solved the the appeal problem and and not only that but in Forward Thinking resolve the non-conformities or illegal ones in the rest of that neighborhood so finally The Village does something that people can be happy about Council anybody else have anything I think it's good I mean um you use the term unintended consequences are there unintended consequences here when you've got you know people who are there are a lot of people who are not paying attention to this this little ordinance so you've got the two guys you know who live next door to each other this is blocking people's views and Ian are we going to are we going to get a lot of blowback from this so you put your Tiki up here well I used to be able to see down my Canal now I can't because we just made up this rule to accommodate one guy who really just wanted to build up rebuild his te I don't know it's not one guy that if you go in that neighborhood there's a loads of them I do we I'm sorry interrupt well no the point is is that we all know we're going to get another hurricane I mean let's just be honest about it and it's this is going to keep happening over and over again to this neighbor and to that neighbor and to this neighbor so to me uh a lot of people buy their houses because they or have that Tiki Hut out there because it's a feature and I think if you go in there 99% of the houses have Tiki huts on the end of their docks so I don't it's it's that you know do do you put in a one of these like yes you can rebuild it but you know for all the people who bought their house who whose neighbor didn't have one of those and now their view is ruined I'm just I mean how many I mean I don't have no idea haven't done there that shouldn't be tells you that the people want this yeah they do and unless we have a real compelling reason and I think obstruction of view could be considered that but you know it's not their entire view it's just looking sideways down the canal it's a high class problem but we have a lot of high class problems in this town that come before us so I'm just think thinking about but anyway that's that's fine so I have an answer to your question okay um so I actually was supposed to tell you that where it says 15 feet in height on docks perpendicular it's supposed to be docks parallel because we don't allow parallel docks in Open Water um we don't perpendicular docks and canals and basins are very difficult so we don't have that many in canals and basins so we would allow them on par parallel docks and that's where most of these te Huts are found on Parallel docks so the this is a typo where it says perpendicular docks I just forgot to write my note here to remind myself to tell you that and then also on Open Water we would have problems with shading for seagrass okay y understood Henry compelling reason you know we've had the shoreline setbacks forever the only reason there's a problem it's because they're not enforced and consequently these people have just done what they want to do and now you want to make it legal after all these years you take a canal that's 50 feet and you got 10 feet on each side coming out that's 20 you got 30 left I'm not a boater but I'm sure a boat is 15 ft they can't cross each other and this is this will pertain to not only this one person or whatever to everybody and there's a lot of canals that can accept that situation so all you're doing is making something that's been illegal for years legal are are you suggesting that it's going to create a navigational Hazard yes yes in some areas in some areas a 27 foot Whaler with an abnormal Beam on that is 11 foot most of them are 10 foot or under in width okay so I I can't imagine we we already have a regulation please correct me if I'm inaccurate Jennifer but I believe the maximum amount someone can I'll say encroach into a canal is 25% of its width or something like that navigable width yes yes yes navigable width so that we we kind of have that base covered already from what I understand okay stand to get in trouble but that's up to you I'm looking at it differently and truthfully I don't have the background to support what I've just said because I I don't go on boats and live it's a big Boat Basin so this isn't an encroachment into the canal am I right no it's on the right so there it's parallel to the Shoreline on the shoreline so so it actually is not really navigation I'm looking at something said a 10 foot they they can't go out in the canal they're putting them like in Venicia Shores for antig was same thing they're building right along the shoreline the concrete doc said she said you said they're parallel correct Jennifer yes okay that's what I thought they're not encroaching into the so you were worried about obstructions it just occurred to me that people have Boat Lifts and they put these monster boats up on a lift that block your view the same way they go up and I'm just thinking I anyway I mean that's fine I I I don't I'm gonna move to approve it yeah Marne do we have any public comments for sorry about that um Don Horton would like to speak but he didn't turn it in before the item okay what's the consensus here I I moved to improve it if you want to just go ahead ahead ahead oh okay you got TI okay go ahead I'm I'm so sorry but that's thank you for affording me the time I just uh uh when I heard the conversation it sprung to me that you know before the 86 plan in the county those were allowed and then they were not allowed September 15th of 1986 until about 1992 the County Commission then um actually Exempted all cheeky Huts gazebos and similar structures and um and they continued to allow people to rebuild the ones that were there that was there from ' 86 so they continued to proliferate there's U I can't remember when I was uh building official at the county that I ever got a complaint or had a code enforcement at at the village that I got a complaint uh about somebody having a a fish cleaning station and a cover over their fish cleaning station on their dock it was always one of those things that that the neighbors kind of like to have when they got vote got under cover that's all and I'm sorry to put it in late I didn't know we were going to have a discussion about it Henry said to let you speak I did he did yeah let the record let the record show public comments closed I was going to say for if there's any motion just to reminder that there was a request from the um planning department that the the change be made instead of perpendicular to parallel okay so uh do I hear a motion oh Elizabeth made a motion move to approve with the change suggested parallel yes I'll second okay Marne we got a motion in a second we're changing to parallel is that correct Jennifer yes okay uh call the rooll please council member Elizabeth Jolan yes council member Mark Greg yes council member Henry Rosenthal with the change yes vice mayor Shar Hy yes and mayor buddy Pender yes motion passes 5 Z okay we are going to move on to tab C second reading John yep tab C is an ordinance on second reading it's an ordinance of is Village violence Florida establishing a temporary moratorium within the village on the acceptance of new administrative relief applications providing for exemptions providing for procedures for vested rights and judicial review providing for a term providing for severability providing for conflicts providing for the transmittal dis ordinance to State Department of Commerce and providing for an effective data approve upon the approval of this ordinance by the State Department of Commerce um as a reminder this this was uh before you all uh previously this is the second reading this would put the moratorium on any new affirmative or um uh administrative relief applications uh for the um the term of the uh the tempor the temporary moratorium okay and John H how uh so this has Deo has how many days up to 45 days yes yeah 45 days so if if it passed tonight um probably won't get rendered till next week yeah get rendered rendered meaning signed by everyone get rendered then it'll be sent up to uh Department of Commerce and they have up to 45 days to approve it so that's when Once Commerce approves it that's when it will uh take effect okay so anybody that's in the system prior to that this has nothing to do with them correct they have filed an application for administrative relief that's correct this would not apply this applies for new um um new applications okay all right all right anybody else want to all right uh public comment Marty yes van Cadenhead real quick I urge you to pass this moratorium because we have so few administrative reliefs and uh I just think it's a wise move I I thought it was a good vote the last time hope you make a good vote right now thank you okay anybody else yes we have Mr wishme on Zoom okay Mr wishme go ahead yes I I'll be short just like van was I I certainly encourage you to pass this I think it's long overdue and I wish there were more that were happening so that we prevent future problems so please vote for this thank you anybody else Marty no sir okay public comment is now closed Council I move for any moves for approval yes I move for approval okay do I hear a second second okay so Marney we have a motion in a second call the rooll please council member Henry rosenal yes council member Elizabeth Jolan yes council member Mark Greg yes vice mayor Sharon Mahoney yes and mayor buddy Pender yes motion passes five to zero we are into the quasa judicial section of the agenda tonight do you want a break okay can uh are we in agreement that we can take a break okay all right so we'll we'll bring that back John hold your thought okay go ahead yeah e e e e e e e e e e e e e e e e e e e e e e e all right we're back in session and John yep we are we on Tab D yep we're in the quasa judicial section um there's actually three tabs in quasa judicial d and f um so um I'll read my quaser judicial statement please be advised that the following agenda items are quas judicial in nature if you wish to comment upon these items please inform the village clerk by filling out the available signup form an opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item as a reminder testimony and quasi judicial items must be in person Zoom testimony is not permitted these proceedings will be handled in accordance with the village code requirements all testimony including public testimony and evidence will be made under oath or affirmation additionally each person who gives testimony may be subject to cross-examination if you do not wish to be either cross-examined or sworn your testimony shall be disregarded the general public will not be permitted to cross-examine Witnesses but the public May request the council to ask questions of Staff or Witnesses on their behalf the full agenda packet of on each item is hereby entered into the record along with the village code and comprehensive plan any correspondence that was received by uh the village staff is included in the file and part of the record persons representing organizations must present evidence of their authority to speak for the organization further details on of the Quasi judicial procedures in section 30256 of the village code may be obtained from the village clerk as mentioned tonight there are three quasa judicial items which are tabs D andf at this time I would like to ask anyone who intends to speak on the quasa judicial items to please raise your hand to be sworn in by the clerk and uh if you intend to speak at all on either tabs D or F in the matter of which you about to give testimony do you swear to tell the truth the whole truth and nothing but the truth the Witnesses have been sworn Mr Mayor uh tab D is stated as follows it's a resolution of the Village Council of V Village of violence Florida considering the request of uh David L and Lori V web for a variance from the provisions of section 30- 684 E4 B2 sidey setback to allow for the construction of a new cargo lift within the sidey setback for property located at 92 West Plaza Del Soul on Lower mumii within the r1m residential sing single family masonry zoning district with real estate number 00 39448 a-108 that's legally described herein and providing for an effective date Council before we begin i' please like you to disclose any expar Communications that you may have had with the applicant or anyone else uh again this is tab D please include whether the person represented any group or entity as well as the subject matter as you recall thank you okay I've had none I mean we're just doing tab d this is just for tabd yes I've I've had none none for me zero for me none for me okay we are ready to proceed okay Jennifer thank you good evening Council um uh Heidi Harum who's the planner in my department was um prepared to do this evening but she had an emergency at home was unable to attend so I'll be doing this in herstead um dve laori Webb and their agent have submitted this application for a variance approval to allow the construction of a new cargo lift within the side yard setback located at 92 West Plaza Del Soul The Village um had mailed out notices to adjacent Property Owners informing them that the project was scheduled to be reviewed by the council the sign was also posted on the property The Village has received no letters of objection or contact from adjacent Property Owners as of this Council communication property is approximately .17 acres in size and approximately 7,500 ft with an existing single family residence structure the property is located in the port antia neighborhood the property is within the residential single family masonry one rm1 zoning district and is categorized within the future land use map as residential medium the pros develop development requires a variance from section 30- 684 E4 B2 to allow for the new cargo lift within the sidey setback the proposed variance is for a 5' 7 in reduction in the required 10ft s side Set Side yard setback for use uses and structured in the r1m zoning District the subject parcel is classified as scarified in your packet there's an analysis on the uh variance uh relaxation requirements um and how each uh requiring is met by this request and staff at this time has reviewed the request for the variance and determined that the request is consistent with the goals objectives and policies of the comprehensive plan then it does comply with the applicable provisions of the code of ordinances therefore staff recommends that the council approve the proposed variance with the to the construction of the cargo lift within the required 10- foot setback by adoption of the attached resolution I'm available to answer any questions you may have okay Council any questions for Jennifer I have one and you may have already said it yes sir the uh clearance is 5T and 10t depending where you're where are you're going is that correct the side setbacks yes you one side's five and one side's 10 it's yes a proposal is that within the 10 foot or the five foot the 10 foot okay uh okay is there yeah okay go ahead Okay g Marie Smith I'm the agent for the project I just wanted to basically I which I always like to do is thank staff and Jennifer and her staff it's been a very easy process um when the process Started Mr and Mrs Webb were going to use it just as we would to bring up boxes since then he has had some medical issues come up and he can't weigh he can't lift anything more than like four or six pounds so this is a much of a more of a medical necessity now at since the application's been made but I just wanted to thank you I'll be happy to answer any questions we tried to keep it now Southeast Marine is going to be doing the cargo lift and Pete and I worked on it and we got we tried to get it as small as we could so we would not impede any more than we would have to so I have any questions I'm happy to answer them but thank you very much for hearing us I don't have any questions Council anybody else have any questions for gay okay thank you gay uh let's see John you need to ask any there's anybody here to oppose is it yeah first uh first is anyone in support and then okay all right is there any anyone that would like to speak in support of this Marne you have anything I don't have anyone okay how about anybody to that opposes it no one sign okay all right so with that we're done there uh do I hear a motion yes to approve yes okay we have a motion how about a second second okay all righty Marney would you call the role please I member Henry rosenal Dave if you're watching this is my opportunity to get even with you but I can't do it so I approve it council member Mark Greg Dave hope you're doing well brother I I vote Yes council member Elizabeth Jolan yes vice mayor Sharon Mahoney yes and mayor buddy Pinder Dave yes motion passes five to zero uh Council e andf um go together um as we've in the past we have done present with the one presentation and one testimony although we've we've taken the motion separately um that's something that uh staff would like to request as long as that's okay with the uh the applicants agent is that okay we do we present enf as one um we'll take them as separate votes but it'll be one presentation so um uh before we get started on enf um Council if um if you would please disclose any expert part A Communications you may have had with the applicant or anyone else again we're talking about tabs E and F and please include whether the person represented any group or entity as well as a subject matter as you recall thank you thank you John Jennifer yeah you guys have to do your um disclosures if you had any conversations oh okay I spoke with Don Horton and I asked him about uh the history of ownership and uses for the property I have I did have also had a conversation with Don today for just a second that's it nobody talked to me well I started to text with Don but that was it it didn't I would I don't even know if that counts so it would if there was a respon we had a great text exchange anybody else council member Rosenthal did you have any discussions on this item no I did not thank you all right we're ready to begin okay all righty so Jennifer I'm sorry I have to thank you Jennifer I have to read the titles sorry uh tab uh e is an ordinance of Isam Village of Island Florida considering the request of Lynn lbell to amend The Village's future land use map from residential medium RM to mixed use mu for the subject property located on upper mumbi key with real estate number 04473 0- 0000000000 as legally described herein providing for the transmitt this ordinance to the State Department of Commerce and providing for an effective date upon the approval of this ordinance by the State Department of Commerce and F is in ordinance of viar Village of violence Florida considering the request of ly el bell to amend the official zoning map from settlers residential Sr to Highway commercial HC for the subject property located on upper mumi key with real estate number 04473 0- 0000000000 as legally described herein providing for the transmittal of this ordinance to the State Department of Commerce and providing for an effective okay now I can call Jenifer perfect thank you good evening again uh here tonight for the uh ordinance requesting an amendment to the Future land use map and for the official zoning map for um property at the address of 8121 3 Overseas Highway um as uh you heard ly el bell has requested a map Amendment requesting approval for a future land use map Amendment from residential medium mixed to mixed use designation and from settlers residential to Highway commercial zoning District the property again is located at 812 13 Overseas Highway it's comprised of 18385 square ft the current use of the property is vacant land and uh the applicant has applicant agent has submitted a needs analysis detailing the map Amendment request the subject properly property currently has an existing residential medium future land use designation the property to the north is designated mixed use the property to the South is designated Public semi-public Service the properties to the East are designated residential medium and the properties to the west across Overseas Highway are designated residential high and mixed use the character of the surrounding area is mixed use with residential uses and Commercial uses and institutional uses the subject property also has a currently has an existing set's residential zoning District designation the adjacent property of the South is designated public semiu to the north the adjacent property is designated sett settlers residential the properties to the west across Overseas Highway are designated multif family and tourist commercial and to the east is Settlers residential again the character of the surrounding area is a mix of collective Comm mixed use with Collective of commercial uses institutional uses and single family residences the property is scarified the property is not recognized as Habitat to any federal or state listed animal species is not within the state conservation Recreation lands boundary or critical habitat area pursuant to The Village's GIS data and Records the parcel is defined as scarified in your packet there is analysis that includes um the maximum density allowed with should the change go through the impact on the public facilities compatibility with the comprehensive plan the future land use map Amendment criteria compatibility for the with the principles for guiding devel velopment and the procedures for amendments to the zoning map um as you heard earlier in this evening the LPA uh reviewed this proposed amendment at their meeting on June 10th and unanimously recommended approval of both the uh future land use map Amendment and the zoning map Amendment and at this time staff has reviewed both requests and recommend approval of both requests as well I'm here to answer any questions you may have all right thank you Jennifer welcome Don do you want to uh for the record Don Horton I'm the agent for the applicant and I I really want to just thank staff and and and Council for reviewing this and and keeping in mind that U the LPA did vote which is fairly rare for a 70 uh 100% vote on the to change it's it's pretty basic change but I'm certainly here to ask any questions Council any questions for Don okay Don no no questions yeah no no I'm just waiting for somebody to make a motion well we would have to open we have to we have to open it for any of those that are in favor anybody here in favor for this project need to speak I don't have anyone signed up okay are anybody here that opposes this project also no one signed up okay all right with that being said now do uh I hear any further discussion or do I hear a motion to approve discussion okay okay you got the floor Henry thank you there are three homes behind this property residential on the old road it's been sold several times with the understanding as there be no up zoning and that's what we're dealing with up zoning what does that allow the density and tally significantly and with my position I have no reason to approve this that's my position and you can look forward to my vot being being in naked thank you okay anybody else have anything they want to say um I appreciate your comments I I to them just you know would like to point out that here we are once again you know changing the um what what is um a unique component of our Environ of our of our keys we have mixed residential and Commercial and you've got a bunch of homeowners there who will um and this is not highlighted I um it wasn't M this is I mean nothing personal with all due respect um this is obviously where the application is to get the zoning changed but there this this changes that residential community and and and it is we do it all the time and um you know maybe we can explore some conditions to put some sort of um and I don't know if that can be concluded tonight but maybe we we ask for something to come back to us so that there is a major buffer with just some sort of conditions we have no idea what's going on here and I know that we don't what's going to be going on to this property it was not presented in the in uh to our to our planner nor is it in the applications it could be anything could be like I don't know a a Burger King can we ask can we ask you do you know what they're planning on doing uh no I do not and and I normally don't consider that because we don't consider that when we doing a zoning changes basing it a zoning off of but I would like to point out if the map can come back up here because it's hard for y'all to look behind you is that we truly are in a commercial Corridor um the the the zoning previously uh pre 1986 was bu1 or two it's really hard to read that map because the old Maps were hard uh but it was either a a light business or heavy business in there uh before and that was part of green turtle and it extended all the way down and um and then the previous zoning as I recall was Suburban commercial commercial so we've always had the commercial Corridor uh down there and there and there had been uh at one time and you can't see it on them but the the larger piece of property here there had actually been some uh commercial use on that before our agricultural use and when Woody when Woody owned that um and constantly uh grew stuff there and then he would sell it at Robert is here so it's not it's it's really an anomaly that they that they would would have taken this highway property and turned it into residential the way that they did and it's just another example of of of how you you you hods Podge things in so it's it's really the right way to to to do that there's another thing that's important if you look at our comp plan our comp plan gives us a responsibility for maintaining um the mixture of residential and and nonresidential uses and and the way I looked at it is that um uh right now there's there's 22 zone Zone properties on up on upper mumian and I know Jennifer looks at it a little different than I do but I look at it as as logical and traffic-wise what do we have you know rather than having commercial properties throughout the whole village there's 22 Highway commercial Zone properties and um um there's only two that are vacant right now on upper maumi both of those are high quality hammock and neither one of them have a a curb cut it is a responsibility for us to maintain commercial uses U or the potential for Comm commercial uses on our islands and um that particular piece of property does have a curb cut and that particular property does not have any vegetation on its scarified lot so it would be the logical one in a commercial Corridor to request the change to be made it was business before it was commercial Suburban commercial before as I recall so um it it only makes sense to maintain that the same way can I ask you something um seeing how this is so much in line with what I'm going through with my property um when I sat here and uh listen to the concerns of the people around me if I was going to put in a micro Brewery or a uh Burger King and everything um to me it was a joke because I have no plans to do that but at the same time looking at this now I think if I were the people who live there I would have the same concerns that they had I have no problem saying okay to this with stipulations I'm sorry I just don't want to see uh something put there that those people who have bought their homes who live back there and there's a big difference between growing fruit trees and a strip mall well that certainly is a a big a huge difference and but remember that we've we've advertised this this three times we've had it in the public realm three times I've talked to some of the Neighbors in there and there's nobody here talking about it so so we would still have to come in front of council if we were going to do a minor conditional use or a major conditional use and it still be a public notice of whatever is going to be built there so it's not like we're going to surprise anyone if if something if something goes there I be quite honest with you the our our Council has has has placed moratorium after moratorium um to to to stop Residential Building uh we had a certain number of early outs that were granted to the village and the then the the um the council has taken more than half of those and and shoved those away there's already a whole bunch of applicants that are in the queue to eat up the majority of the other early outs um and so and really the only thing at this point that could possibly bu be built there would be for um affordable housing apartment Ms uh which would certainly create what um a whole lot a whole lot of traffic without anybody being able to say anything about it so we've got the potential if there is was to be something built there it would still come in front of council if it was a a minor or ma or major conditional use and uh still certainly have the the review of the public of the knowledge of the public that something's being built there so it seems to make logic that that there was just a mapping ER when they did that uh to plug on the on the commercial Corridor a residential use so the church is on one side yes sir Elanor owned all this property yes sir okay Eleanor's has no problem with Elanor actually wanted to try to do this when Elanor owned the property know and elor just you know she didn't want to spend the money that it takes in order to go through a zoning and Plum change right okay and then you have all that red is commercial correct yes sir that's all highway Comm I see I see where Square Grouper the I mean uh yeah Square Grouper then I see the cactus then I see right there behind first Horizon's Bank there then you have more the turtle property there the turtle property is the blue but you have the green right next to it then you have the green and then it comes up to contiki right that's right okay in the in the in the house next to Eleanor is I believe commercial because it's owned by Bob Rich it's owned by the turtle the house right on the highway that's right the one and Elanor has been on the highway she owned that property all the way to the old road we're we're talking you know her daddy married into the Pender family yes okay that's where they got that property from because the penders owned all that yes I think actually I one one or two of those uh houses behind that may actually have vacation rental licenses as well yeah yeah well she owned two houses the little tiny house and then the main house where Mr Lewis lived okay but that you're right Woody grew sour soop on that property yes sir and he did sell it to Robert and and they are on Overseas Highway okay they are on the highway and most all that stuff is commercial and that see that's where I have a problem that I don't have a problem with this what you're talking about doing but I have a problem when we're saying well we're we got we're changing this well that was all commercial The Village changed a lot of this they did including ining my property that was Suburban commercial right across the street the piece that Mark owns was was changed the piece that Sharon own was changed that was all be to we're we're the commercial building that Hera lapino used to be my brother Haron and Jay and Jerry own that commercial building that was bu they changed it they went back to the county they got it put back okay so to me that's on the highway you got the turtle there you got all that traffic at at Green Turtle Restaurant they own the house house next door which is Workforce that that's commercial property so we're going to give somebody a hard time that's on US1 the church is next door the church has in andout property okay there's tons of vacation rentals right around this where this is where he's talking about going and I know Eleanor wanted to put more homes on it but it was too cost prohibited for her she couldn't even get a permit okay what Don saying is the workforce housing permits here here's a lady that that was born and raised here on upper mumbi key okay and it's a shame she had to sell it to get the money okay so uh and she's okay with this right because I know she would be calling me if she wasn't you if if anybody knows Elanor if Elanor is gonna have a problem she would been calling me Elanor would have called everyone um yeah oh sorry um I don't know Elanor she i i i nor do I know what's going to happen on this property because it's not being presented to us and um and and um you know we we you you have some experience we just went through some experience I think with your property and the change that was going to be made on your neighboring property even though it's Highway commercial and so I know you're sensitive to the idea that wow I bought in thinking it was going to be this and all of a sudden you were asking me to put a bunch of affordable housing the nextd door property I mean you I know we're all sensitive to that right because we all live here and um I don't know if Elanor has plans on living here forever she might move who knows but what we're talking about is how we treat our residents and and and here's I mean and additionally there's a church right next to it a beautiful church so so because we're not being given any other information but do we want a spot Zone you know well now we have the opportunity to disrupt a beautiful community of people who worship every Sunday and serve a lot of our residents who who need their services and that entire residential neighborhood I mean you know personally I am I am going to side on on with the residents and and and the investment that they made in those properties and and I'm assuming that they came into this community and and spent the money on their properties um without the expectations that we are just going to randomly change the zoning in the neighboring properties just because somebody asked that is I'm just that's where I'm at today I'm on the side of the resident Don correct me if I'm right the the Banyon tree next door is that commercial too that's right on the highway next to the Baptist Church yes sir it is okay okay okay so you know guys you got the turtle right next to Eleanor which eventually her property could be acquired by the turtle for housing okay but that's not what we're talking about okay I understand I I understand anyway no I I'm not going to say anymore I'm not going to sit here and argue I just you know what it's uh Elizabeth I I was born and raised in this community and I hate it when people get when the village change stuff okay and Miss Miller knows because she was part of that when this okay was very there was people a lot of people in this community that wanted the changes and they they changed people's property illegally okay and I was told that by one of our former managers Charles Balwin played racketball with Greg Goble myself Frank Hawkins and a bunch of others and he said it should be put back Sharon's property was one of them that was actually changed that was wrong is this is this property is that what's happening here on this property we that wasn't presented what's that this change in zoning I that that was not presented in our material not this property that Dawn is yeah it is where where is that information was not presented to us in our material this was one of this is equivalent to Sharon used to be zoned a certain way and then it was well previous zoning was Suburban commercial and then before that it was bu1 or two which is business when the county one was the pre pre comp plan pre County I would say that the reason I'm just trying to give facts Elizabeth I want to give correct facts not incorrect facts that's what I'm trying to do to me when these other people built their homes because and and I would suggest that Elanor whoever she is had to sell that property because we're making it too expensive to live in this town because we do things like this that's what I would that's what I would put forth I'm listening I'm learning um anyways Don I don't have Mark I'm sorry I don't have anything else to say I just I think it's terrible that the county it was be1 and everybody wants to go in and change stuff those of us that have been here a long time owned you know people have owned property and you know they they change it and and then today we're going to come in and Elizabeth I know there's a bunch of people in this town that don't want any more building whatsoever they don't want anything they they don't want hotels here they want this to be a park okay they want it to be totally a park okay so they can go fishing they can do their thing okay no seriously I've had people tell me they don't want the hotels because people swim on the wreath and they break the coral they do all this we need to make this whole area apart you know I'm telling you that's I've had people you know this group sat here yesterday and we all talked about the American bald eagle in the hammock and we as a group continue to destroy that environment and the reef environment when we allow random I mean this is spot zoning we continue to do it without any hold on without any kind of restriction is there a way to meet this in the middle maybe but we can't even talk about it because we're so we're so at odds there is a way to I mean again I I I guess there's a way to find a compromise but we're not there because we can't we can't we can't have that conversation because it's nuanced and that is what's going to require came us to save our coral reefs and our Eagles okay you know what and and and I was born and raised here just like Sharon okay I grew up here okay and and you know what I love where I live and I want my kids why do you think that I have fought to keep the the the ocean clean and to do the things listen you know what I Tred to restock the Conch okay myself a 501c3 but it gets so political okay but I'm I'm just saying anyways I'm not going to get into all that because you know what there's there's all of us see through different Islands okay but we're taking people's properties rights away you weren't here when it was Zone buu2 I was and Sharon was and Mark knows about it because he's owned a lot of property so it it was it they it they're right were taken away the irony is that the people who have been all right I don't want to I'm not going to argue anymore I just think Don Mark I'm dying to hear Mark go ahead I want to hear Mark well I'm gonna think I'm gonna take a middle position oh like me I was I was looking at the colorful Andy Warhol overlay of the map thank you very much I like that and um you know I see wow I guess that's a message am I supposed to shut up now um so so I I'm I'm impressed number one with the amount of red on that map indicating commercial use um I I have made lots of donations and I'm a big supporter of the Baptist Church they take care a whole take care of a whole lot of homeless and needy people and without them in our community I think we would be in really bad shape they they do what no one else wants or cares to do so so you know anything offend offensive to them is off the table for me on the other hand if you look where the red is just next to the church I think that's the Banyon tree and this Council before you two ladies became part of this uh an item came and I believe it was Andre hotman and he purchased the lot behind that and we approved the zoning of that and I believe it was to Commercial and the church did not oppose that I don't know what he's doing with that we voted for it to I think we all vote voted for it so and in what has been discussed about the previous zoning and the mistakes made I agree with all of that too um and and the lot to me if it was suitable for residential purposes it would have been developed by now because of the pressures that we see in our community to develop everything that every square inch of the place so there there's a message from the marketplace that the reason it doesn't have a house on it is because it's probably not Market suitable for that um I think Don mentioned that we could put four units on there affordable units because it's fronting on US1 I don't think that's accurate I don't want to say that for sure because I I can't remember everything anymore but um that provision only applies to R1 properties like where you and I live buddy it doesn't apply to the settlers residential so I don't think they get to take advantage of that same thing even though this one truly is fronting on US1 and I'm sensitive to the lady that's lived next door I don't know Elanor either I know her son very well and I know some of the neighbors back there they may be uh there may be some vacation Reynolds but it sounds to me like there's a lot of passion here on the D tonight a lot of interest a lot of concern to me what makes sense is for us to take a step back we're on the verge of redoing things rather than shoot this down in flames why don't we pause this let's review this after we've made some changes and we're looking forward into the future instead of backwards into what's already happened let's see if there's something that can come up or this can be used and changed with everyone's participation and not just the five of us so with that in mind I don't want to make a decision tonight I mean I'm sorry Don I know you'd like to do that but I I can read the tea leaves as well as anyone else here and I know where this is going and rather than then not do not try to help someone and then then on the other hand try to hurt someone let's just pause this and let's refine what we want that area to look like and the in the and the development within the village as a whole I mean it would take a residential lot off of the list you know as far as the the takings issue and then that one if it were commercial could be developed with commercial square footage so we that there's a benefit to that there's a lot of moving Parts with a picture here of the puzzle that that we could make and and I I just don't think tonight is a good night to make that call because it's just we obviously have different opinions and I respect every word that everyone said here my position is we defer this until after our comp plan and Zoning change has been done give them an open opportunity if that's um permissible and if that's allowable in our code or our plan and come back and take a look fresh look at it then Ju Just a reminder Council under your code you can defer for a maximum of 180 count I I know that too and that's why I'm asking if that's permissible or not but I mean what what did you say you the if you wanted if the council wanted to defer under the code it could be deferred for a maximum of 180 days okay and and mark the other thing I mean I I was uh I mean the LPA voted 70 on this m I know that's super rare we never follow the LPA you just just just want to throw it out there rarely do we even consider what they say you and I all you all know that I'm not saying they're always wrong I'm just saying we rarely follow them and they're probably pretty frustrated with us the LPA does the the heavy lifting and they're the shock of absorber for us and and you know I can't say enough about how much I appreciate what they did because I did it for a while and know a little bit about how that process works but I watch all their meetings it's it's very helpful so so but you know why should we vote on something where half the people involved are going to be angry and the other half are going to be happy let let's find a way where everybody can work on this and I'm sorry Don your client's going to be uh delayed in their in their thing but you know it's not going to go forward tonight I think you can read the tea leaves here so at least it keeps the door open to make this a better uh change this for the better down the line if that's what everyone agrees to do and it'll be in Conformity we we could change it tonight it could become non-conforming uh a year from now whenever all the changes go through so that's my thought end of speech okay Sharon did you want to say something I agree with Mark I like the middle of the road approach I always have and uh uh there is different ways I do understand the rezoning is so unfair but you know we're going back years and years and years so I for the first time I agree with Mark tastes funny coming out of my mouth but I agree with Mark that we should wait so okay so uh Henry go ahead I knew Elanor for I don't know how many years I had the turtle for 30 years I guess she was a neighbor I understand her financial condition if you had to say I don't know you want to do it or not do it I knew her well enough she would say no I have not visited the adjoining property owners on the old road I will I want to see what they have to say about it I'm sure they don't want a grocery store there for example I'm sure they don't want trash cans to be picked up in the back lot between the properties there's so many things that I I want to talk to these people you say you've gotten the the consent of the joining property owners and and even Eleanor I'm I'm saying I don't believe you I never said that though sir I said there was no one that contested the the the application I never said that I had consent from them and and since we're on the record we need to be correct thank that's right so that would so that would include the joining Property Owners there's nobody contesting it okay so you're right I'm right so to delay it is undoubtedly the best thing to do and if we make a decision that it has to be acceptable to the community being right there but Henry you know that Elanor own the two houses that are this property one of them Tommy neelon lived in the little place and I believe it is a it isn't vacation rental today okay uh and I know all about the Baptist Church myself okay okay so you know I mean Mark I mean hey I gave him $5,000 out of my campaign in 22 that had left over for their feeding program that they their outreach program there commendable the the the church building was given to them by the Methodist Church I understand all that as well I'm just dealing with the people that are rightfully involved okay and Henry the the house next to Eleanor coming back towards the turtle is owned by the turtle it's where to Bob Rich owns it it's where to Chef lives I understand all that anyways I have one more question sure go ahead thank you Jennifer could you just help me for a second when it when a what is permissible in a highway commercial Zone like a gas station or like a um sure there's a there's quite a a list um excuse me uh so single family dwelling unit uh deed restricted affordable dwelling units of 25 units or less um BR hubs of less than 1500 ft restaurants of less than 1500 ft² micro Brewery of less than 3,000 s ft² and the low medium intensity office retail service establishments less than 3,000 square fet and it lists about I don't know 40 different types of those if you'd like me to list those off they be like doctor's offices um Animal Hospital Bakery boat service and sales Bowling Center building supply store Car Wash commercial recreation facility Courier Service cultural Community Center daycare center Delhi tessin dive shop electronic store exterminator service Farmers Market fence sales and installation food store Funeral Home Furniture Repair Garden Center Gym hardware store Home Furnishings appliance repair landscape service Laundry and Dry Cleaning locksmith Medicals office and supplies movie theater indoors office supply pool sales and service salons Professional Services including accountant administrative management architect engineer counselor blah blah blah recording broadcasting Studio sewing Supply service Tackle fishing shop Visitor Center and video retail rental and then outdoor storage and Supply areas on vacant Lots fronting on US1 pursuant to article uh six division 8 of this chapter which is our outdoor storage and display areas um those are the permitted uses we also have some minor conditional and major conditional uses as well thank you and on top of those it just so that you know we're next to a church so we can't have a liquor store we couldn't have a drive-thru we couldn't have have beer sales or any of that stuff yeah I didn't take any of that into consideration minut we do that I had a contract on the what's the the no no right there with the with the big tree the banion tree banion tree yes sir I had a contract on that I want to have to sell liquor I went to the I went to the Baptist Church and say we don't care about that I mean I'm just telling you that they didn't care so that's not not a set rule I think we're dealing with a lady who is financially strapped and cannot oppose Henry this happening Eleanor does not own that property own it she already this application want to contest it she doesn't have the funding to contest it I understand that's that's given I want to ask a council question there seems to be some reluctance based upon the unknown and the unknown is what will go on that property so there's an in between middle of the road option that you may want to consider and you may not and that would be to allow the applicant to amend the application to create a site specific area that limits the kind of use is there to those that you might feel would be compatible that with the rest of the neighborhood as we have done in other places and it's it's changing the zoning but it's not a full zoning permission thing Don is that something that you could discuss with your would be willing to discuss with your client and see if that would work you've already talked about uh extending this and and not voting tonight it certainly gives me time to go back to talk to Miss Bell and um and and ask her you know if she'd do a site specific text Amendment sure so that would satisfy the six Monon um limitation wouldn't it sure I just want to um make the council aware of something um today I received a phone call from the Department of Commerce regarding uh a vote that you took on another zoning change um down in lower mumbi known as the serum property where you voted a site specific um zoning change and the Department of Commerce is is likely going to issue an objection to that they're not um favorable to the site specific zoning um they have until August 20th to make their decision but they wanted to make me aware of that so I just want to caution the Council of continuing to make those site specific zoning changes until we we hear what commerce's actual objection is okay which still gives us time to see what do I just wanted to put the caution out there okay so Council let's talk about how we're going to defer this m m I have a question actually whenever John okay what does he need to do we need to do it within 180 days correct yeah it would be a um motion to defer would be for a maximum of 180 days the that puts you into February um I think it's before the scheduled February meeting so um the reality would be the January meeting January 9th he could do it any time before that if you wanted right after he talks to his client if there was an ability to bring it back sooner um we could ask we could reest the council to bring it back sooner okay okay Elizabeth you have the floor you said you wanted you know what sorry go ahead Sharon then I do have a followup question no I was just going to ask what did on the sojan property if you could tell us was it about the uh making it keeping it a mar a dock or what was it about they they just the only thing they expressed they were able to express to me at this time was the the site specific the the sub area that we created they had had some concerns about that and whether or not people um down the road if there were uh purchases of the property down the road if they would understand what that meant I tried to explain to them that we have others in our comp plan and that it's done you know that way and and they weren't sure about that I talked to them yesterday at length about the whole process and then I they called me back today and said that they had some concerns about it and we're likely going to issue an objection so they said they couldn't give me any more information than that I would get the letter on August 20th a planning tool that we have used and they have approved on a number of occasions that's correct would it would it be appropriate to ask the village attorney not that you don't have the right voice but there may be some legal arguments to be made you know this is this is a game change to us not for the better we're trying to do things right and this is undercutting our effort to do that um Jennifer and I spoke about this earlier today I don't want to get too far into this because it's a quasa Judicial item on this but we this was something that um we spoke about today and and we we will be working on it as well in connection with Mr Cole I assumed you would thank you so meanwhile back to I'm not sure if what if that example and maybe you can maybe you guys maybe maybe you're too too maybe this issue that you brought up is is too fresh but I'm not sure if that example is applicable to what we're talking about here I mean aren't we for example with The Islander k thing that issue that was just pulled off we were asking you're asking us to do something similar we're making some zoning changes and and Plum changes and then approving a a a site I mean so how is that how is that different than than what we're kind of having a conversation about here oh I didn't know that's what you were asking but John don't we need to be careful here because we're talking about two separate projects here we're Mr Horton is here for this particular property we need to just get it deferred and no no no no no no no we are this question I I get to get I get I get to get an answer to that question and and it doesn't doesn't break any judicial issues so I was not under the impression that you were asking Mr Horton to come back with a site development plan like a a a use a site plan if that's the case then that's a whole different issue you're correct no no okay that that's I think what councilwoman Jolan just asked me talked about subdistrict right no wait wait a minute when we were talking about I just correct me if I'm wrong we were asking Mr Horton if he could come back with some more information about this piece of property that's before us to tell us what are you going to build there because obviously these people are asking for a a change to do something with it and so I I was understanding that your middle ground is hey come back tell us what's going to happen there so that we know it oh it's going to be a Dollar Tree or it's going to be a Fairground or you know a bakery with a with a a gas station in it is is that what you were asking him to do well what I was asking him is to to to utilize this planning tool that we've used before and it's not so much that he's going to tell us what he's going to do he's going to tell us what he's not going to do and I think that that's what we're all interested in he's not going to be able to put a a business there that sells alcohol because it's right next door to a church and Jennifer read to you a long list of what is allowed he's going to eliminate some or a few or maybe a lot of those things I don't know what they're going to come back with but you will know that will be more l limited than what is allowed today and that may be enough to get them to the finish line or not to so that everyone can feel comfortable with that and it would be um a reduction of of allowable rights it would be a light version of what is allowed today so that to me is a is a compromise that respects property rights and and allows the neighborhood to be flexible zoning is not static you know life goes on things change the village changed we've grown so we got to adjust from time to time and maybe this is a baby step that we can take before we get to our big comprehensive plan change year from now you know short comment people are entitled to relief you know and if it's a small adjustment it's not a big deal do you understand what I've done site specific text amendments multiple times so yes ma'am I fully understand them I don't mean that in a I'm not ask I'm just what what actually he's not saying is a site specific is I mean I think it's it's called a subdistrict I use the site specific thing cuz that's how my brain works but it is it is a it is a comprehensive um future land use restriction that's in the comp plan not in the zoning plan that's right and it says it will be zoned for Highway commercial provided however the following uses will not be allowed they won't be permissible they are not allowed and there's a long list of them and we did the same thing on the sojourn Pro that's correct so that works for you well that that's what I'm going to have to take to my client and and certainly uh oppose that to her I think it's a I think it's a wonderful tool I've used it multiple times in the village and it certainly is up to the to the property owner to make that decision but I'm uh you know I'm I'm I'm hearing you guys and you want to you want to hold this off and and postpone this and and and let us come back with something U more palatable and we're more than happy to do that I think rather than give a hard no tonight it's it's only fair to give them an opportunity I I think that's fair I don't think anyone here is um I think I think it sounds like a nice agreement okay so I just want to say one thing the church did not oppose for me to sell Li liquor next door thank you Henry you said that I know appreciate that because you keep using it that system no sir I said it once but that's fine it's it's okay I fully understood what you said thank you very good thank you I mean Henry it the keys is different chod sells alcohol right in front of matak Methodist Church you got the whatever the liquor store is right there by the monument you know what I'm saying it's that's the way alamada was it's reasonable for the church to object to that no they can't they can they but they didn't with me that's all I'm saying I understand that's the only reason okay so John tell us what we need to do for a motion that'll make Mr Horton uh what What's give him a chance to come back yeah it would just be a motion to defer and I think you could do it all in one motion for both for tabs E and F okay um and it would be a motion to Def ER and we would need to uh put in a Time certain within the 180 day period and we would it would be a motion to defer uh tabs enf to date x uh at the council meeting at 5:30 here in um at Founders Park but isn't it a motion to defer with a request to come back with a well it's their option if they decide they don't want to do that then it expires and it's game over Don are you okay with what John just said absolutely okay does he need to pick a a a time well it's up to the council I mean it's it's your discretion as to when you want to you want to pick Don what what what would be good for you it's up to the good of council so we gave him the time six months he could still come in early couldn't he yeah we could make a request to council to come back in earlier if it was okay so we say 180 days and if you want to come back ability to come soon 90 days okay 180 days with the ability to come sooner that's fine all right but I would like to request of this Council that we add in the language the deferral with the request because then it's clear to his his applicant his customer and and for the record that we've had the conversation and we're just requesting that to help move this forward if there's he doesn't have to it's not a requirement it's just a request in fact I could make the motion right now so I'd like to move that we defer this to 180 days with a request to um come back with a site specific plan it it with a request it is a request and that yeah and the the council meeting the latest council meeting in the 180-day period would be January 9th at 5:30 here at theber which would be as spoken and I'll second it just for the sake of doing it well thank you yeah are Don are you okay with that or do you I mean I'm it's up to the will of the council I'm I'm fine with that yes we get to choose it's it's very fair that decision for S specific is up to him why do we have to have that in there if he doesn't do it then he's probably going to get shot down no but I don't agree with that I think just let him make his own decision well then so here's the the reason it's a non-binding request it's non-binding it's a it's just a request to say that we what to to express the intention of this conversation which should bring some um acknowledgement to Buddy's extreme View and mine I mean we both have extreme views on this and this is an acknowledgement that there's a middle ground he there's no binding with this John what she's talking about request yeah I mean it's it's a request it's I mean if if he if his client says no I'm not going to do it it'll come back and we'll we'll let Council know at that time and Council can vote how it chooses so yeah it's a non-binding it's a request all right so Marne Don we have a motion I mean Marne we have a motion in a second and would you call the role please yes council member Henry rosenal yes council member Mark Greg yes Council excuse me uh vice mayor Sharon money yes and mayor buddy Pender yes that motion passes 5 to Z thank you all very much are we done uh I believe we're done yes that's everything on the agenda the three that Bart had was do I hear a motion to uh mov to adjourn yeah look at it it's still daylight e e