City Council Regular Meeting

City of Naples City Council Chamber 735 Eighth Street South Naples, Florida 34102 City Council Regular Meeting – August 21, 2024 – 8:30 a.m. It is noted for the record that all: 1) documentation electronically appended hereto is also contained in the file for this meeting with the City Clerk’s Office; 2) experts who testified during quasi-judicial hearings were accepted as qualified to do so in their respective fields of expertise; and 3) added attachments are referenced in red as “ADDED ATTACHMENT”. 1) CALL TO ORDER AND ROLL CALL City Council Members Present Teresa Heitmann, Mayor Terry Hutchison, Vice Mayor Staff Present: Jay Boodheshwar, City Manager Matthew McConnell, City Attorney Gary Young CFO / Deputy City Manager Alison Bickett, Deputy City Engineer Bill Quincy, Code Compliance Manager Kyle Rambosk, Fire Marshal Others Present: Joe Negron Andrew Friedman Clay Brooker Francesca Passidomo Meg Stepanian Richard Simmonds Laina Kennedy Tim McCarthy Robert Lilkendey Terry Mullen Benjamin Brown Berne Barton Ray Christman Bill Kramer Linda Penniman Beth Petrunoff Erica Martin, Planning Director Leslee Dulmer, Deputy Planning Director Jeffrey Brammer, Planner II Ali Duran, Executive Assistant Jessica Hernandez, Deputy City Clerk Ralf Brookes, Assistant City Attorney Bob Pekar Mark McLean Shauna Allen Patrick Thornton Kevin Barry Kevin Kelly Julie Guerra Tamara Alexander Jenna Heiderman Seth Behn Scott Smith 2) INVOCATION AND PLEDGE OF ALLEGIANCE Joe Negron, South Campus Director at Grow Church, gave an invocation. Vice Mayor Hutchison subsequently led in the Pledge of Allegiance. 3) SET AGENDA City Manager Jay Boodheshwar announced Time Certain Item 13.A (Executive Session for Horseshoe Motor Developers LLC v. City of Naples, 20th Judicial Circuit, Case No. 23-CA-01708) at 12:30 p.m. He also noted that a corrected resolution had been distributed in advance of the meeting that day for Item 13.B. City Manager Boodheshwar noted that following the publishing of the agenda, staff subsequently received additional correspondence for Items 11.B, 11.C, and 11.D and that a motion would be necessary to add them to the record during which each item is heard.

City Council Regular Meeting – August 21, 2024 – 8:30 a.m. 2 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. City Attorney Matthew McConnell announced that City Council was back in session from its Summer Recess and noted that Mayor Heitmann took no formal action during that period. MOTION by Petrunoff to SET AGENDA; seconded by Hutchison and unanimously carried, all members present and voting (Barton-yes, Christman-yes, Hutchison-yes, Kramer-yes, Penniman-yes, Petrunoff-yes, Heitmann-yes). 4) ANNOUNCEMENTS AND PRESENTATIONS None. 5) PUBLIC COMMENTS Andrew Friedman reported major street flooding on Crayton Road, Park Shore Drive, Harbour Drive, and Gulfshore Boulevard North, which prevented him from accessing his property two weeks prior. He noted that such flooding is a recurring issue and requested immediate attention to address the problem. Bob Pekar provided a handout of previous water bills, noting that he lived in Collier County but received City water. He informed City Council that the Water to Sewer Conversion Project would have significant impacts on the cost of his water bill. In response, Mayor Heitmann suggested that Mr. Pekah give his contact information to the clerk so that staff could contact him. Handout (R. Pekar/Added Attachment) APPROVAL OF CONSENT AGENDA MOTION by Christman to APPROVE THE CONSENT AGENDA; seconded by Petrunoff and unanimously carried, all members present and voting (Barton- yes, Christman-yes, Hutchison-yes, Kramer-yes, Penniman-yes, Petrunoff- yes, Heitmann-yes). 6) MINUTES 6.A) Approval of the June 5, 2024, Regular Meeting Minutes, the June 6, 2024, Special Meeting Minutes, the June 17, 2024, Special Meeting Minutes, the June 19, 2024, Regular Meeting Minutes, and the July 29, 2024 Special Meeting Minutes. Agenda Memorandum June 5, 2024, Regular Meeting Minutes June 6, 2024, Special Meeting Minutes June 17, 2024, Special Meeting Minutes June 19, 2024, Regular Meeting Minutes July 29, 2024, Special Meeting Minutes 7) RESOLUTIONS 7.A) RESOLUTION 2024-15415 - A Resolution for the Purpose of Adopting a Fourth Amendment to the Use Agreement Between the City of Naples, a Florida Municipal Corporation and the Naples Players, Inc., a Florida Not for Profit Corporation for the Property Owned by the City of Naples and Located at 701 5th Avenue South to Clarify that the Naples Players, Inc. is Responsible for all Maintenance of Landscaping and Lighting Improvements Adjacent to the Building Area at the Sugden Community Theatre; Authorizing the Mayor to Execute the Fourth Amendment to the Use Agreement; and Providing an Effective Date. Title of Resolution not read. Agenda Memorandum Resolution First Amendment to Use Agreement Second Amendment to Use Agreement Third Amendment to Use Agreement Fourth Amendment to Use Agreement 7.B) RESOLUTION 2024-15416 - A Resolution for the Purpose of Increasing the Annual Maximum Expenditure Limits for the Outside Contracts Previously Approved by the City Council for the Purchase of Goods and Services with Collier Tire & Auto Repair, Voigt’s Service Center, Inc., Dobbs Equipment, LLC, JJC Tools, LLC, Joseph T Caso, and McNeilus Financial, Inc. for Increased Expenditures Required for Additional Replacement Equipment, Repair and Maintenance Supplies, and Repair Services for the Operations of the Public Works Department; Authorizing the City Manager to Execute Applicable Purchase Orders; and Providing and Effective Date.

City Council Regular Meeting – August 21, 2024 – 8:30 a.m. 3 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. Title of Resolution not read. Agenda Memorandum Resolution Original Resolution 7.C) RESOLUTION 2024-15417 - A Resolution Granting an Easement to Florida Power & Light Company for the Construction, Operation and Maintenance of the Underground and Ground Mounted Electrical Facilities for the Purpose of Providing Electrical Service to the City of Naples 1st Avenue South Parking Garage Located at 150 12TH Street South; Authorizing the Mayor to Execute the Easement; Directing the City Clerk to Record the Easement; and Providing an Effective Date. Title of Resolution not read. Agenda Memorandum Resolution Easement Agreement w/ Exhibit A FPL Easement Location 7.D) RESOLUTION 2024-15418 - A Resolution for The Purpose of Amending the Fiscal Year (FY) 2023-24 Budget Adopted by Resolution 2023-15207 to Appropriate Funds From the General Fund to the FY 2023-24 City Attorney’s Office Budget for Legal Services in the Amount of $500,000; and Providing an Effective Date. Title of Resolution not read. Agenda Memorandum Resolution 7.E) RESOLUTION 2024-15419 - A Resolution for the Purpose of Providing Authority to the City Attorney to Draft And Finalize an Engagement Agreement and the City Manager to Execute Said Agreement for Legal Services Between The City Of Naples and Robert Eschenfelder, Esq. with Trask Daigneault, LLP to Serve as the Code Enforcement Board Attorney for The City Of Naples: and Providing an Effective Date. Title of Resolution not read. Agenda Memorandum Resolution Robert Eschenfelder, ESQ Resume Clayton Knowles, ESQ Resume 8) OTHER 8.A) CLERK TRACKING 2024-00096 - Acknowledge the Appointment of Ray Dalton as the Bargaining Unit Member on the Board of Trustees of the General Retirement System. Agenda Memorandum General Pension Sec. 29-81 Ray Dalton Application 8.B) CLERK TRACKING 2024-00097 - Donation of $1,000 to the Collier County Veterans Council, Inc. Agenda Memorandum Letter from Collier County Veterans Council, Inc. END OF CONSENT AGENDA 9) PUBLIC HEARINGS None. REGULAR AGENDA 10) ITEMS PULLED FROM CONSENT AGENDA None. 11) LAND USE MATTERS 11.A) RESOLUTION 2024-15420 - A Resolution Determining Public Art Petition 24-PA1 for the Placement of Public Art in a Designated Space on the East Side of the AC Marriott Hotel and the Reimbursement of the Public Art Fee Pursuant to Section 46-42 of the City of Naples Code of Ordinances on Property Owned by Palmetto Hospitality, LLC. and Located at 455 12th Street South, More Fully Described Herein; and Providing an Effective Date. (Continued from June 19, 2024, Council Meeting) City Attorney Matthew McConnell read the title of the Resolution. This being a quasi-judicial proceeding, Notary Public Jessica Hernandez administered an oath to those intending to offer testimony; all responded in the affirmative. Council Members then made the following ex parte disclosures: Penniman, Barton, Kramer, and Petrunoff / had not had contact; and Christman, Hutchison, and Heitmann / familiar with the site but had not had contact.

City Council Regular Meeting – August 21, 2024 – 8:30 a.m. 4 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. Mark McLean, Architect and National Director at MHK Architecture, reviewed the request by Palmetto Hospitality, LLC to place public art, designed by Kevin Barry Art Associates, on a designated space on the east side of the AC Marriott hotel located at 455 12th Street South. He presented a sample of the art sculpture and thereby utilized an electronic presentation to provide a background of Kevin Barry Art Associates and an overview of the site plan, rendering of the existing site, renderings of the proposed stainless steel conch shell sculpture, and specifications of the sculpture and footing. He noted that the Design Review Board (DRB) recommended approval on May 22, 2024, with the condition that the petitioner replace the flowers around the artwork with Mexican Beach pebble or similar material, which Architect McLean confirmed the petitioner had agreed to. In response to Vice Mayor Hutchison, Architect McLean said he had met with the concrete company that uses fiber mixes for their PSI reinforcement products to ensure structural integrity and durability for the sculpture’s footing. Although not suggesting any changes, Council Member Barton inquired whether the petitioner would consider replacing the concrete material with marble or granite for enhanced durability and greater conformity with other public art pieces in other locations within the city. Council Member Petrunoff pointed out a nearby electrical pole depicted in one of the renderings and questioned whether it would obscure the sculpture’s view. Architect McLean said he hoped that the power lines would be converted to underground over time, however, he did not believe that the pole would encumber the art sculpture. Deputy Planning Director Leslee Dulmer reviewed the staff report, noting that staff found that the Standards of Artwork provided in Section 46-42(f) of the City of Naples Code of Ordinances had been met. In response to Mayor Heitmann, Planning Director Erica Martin confirmed that the petitioner would be responsible for maintenance. She added that City Council could include this as a condition of approval, to which Architect McLean agreed. Public Comment: None. MOTION by Petrunoff to APPROVE RESOLUTION 2024-15420 subject to the following condition: The petitioner shall maintain the artwork consistent with Code; seconded by Kramer and unanimously carried, all members present and voting (Christman-yes, Barton-yes, Kramer-yes, Petrunoff-yes, Penniman-yes, Hutchison-yes, Heitmann-yes). Agenda Memorandum Resolution Staff Memorandum Public Art Application Disclosure of Interest - Palmetto Hospitality of Naples, LLC AC Marriott Naples Public Art - Revised Proposal Plans AC Marriott Naples Public Art Proposal Plans Credentials - MHK Architecture Credentials - Planning Department Public Notice Mailing Addresses Affidavit of Sign Posting - 5.22.24 DRB Affidavit of Sign Posting - 6.19.24 City Council Affidavit of Sign Posting - 8.21.24 City Council Correspondence Petitioner’s Presentation It is noted for the record that: 1) Recess from 9:11 to 9:23 a.m. during consideration of Item 11.B below but prior to disclosures; and 2) the same Council Members were present when the meeting reconvened. 11.B) RESOLUTION 2024-15421 - A Resolution for the Purpose of Determining Conditional Use Petition 24-CU5 to Grant Conditional Use Approval, Pursuant to Section 46-34 of the Code of Ordinances for a Private Beach Club in the PS, Public Service District, Pursuant to Section 58-833, for a Site Specific Valet Parking Plan, Pursuant to Section 50-103, and for a Site Specific Parking Needs Analysis, Pursuant to Section 50-107, for the Port Royal Club on Property Owned by Port Royal Club, Inc., a Florida Not For Profit Corporation, Located at 2900 Gordon Drive, More Fully Described

City Council Regular Meeting – August 21, 2024 – 8:30 a.m. 5 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. Herein; and Providing an Effective Date. (Continued from June 19, 2024, Council Meeting) City Attorney Matthew McConnell read the title of the Resolution. He reminded City Council that Items 11.B through 11.D had been continued from the June 19, 2024 City Council Regular Meeting. He stated that several communications and documents had been received by staff and asked whether City Council wished to add those exhibits as part of the meeting record that day. MOTION by Christman to ADD exhibits received by staff after the June 19, 2024 City Council Regular Meeting into the meeting record; seconded by Petrunoff and unanimously carried, all members present and voting (Hutchison-yes, Penniman-yes, Christman-yes, Barton-yes, Kramer-yes, Petrunoff-yes, Heitmann-yes). City Attorney McConnell summarized the previous hearing, explaining that it had been continued to give staff time to work with the petitioner to make the proposed conditions more binding and enforceable. As a result, he advised that there were new conditions that had been added to the draft Resolution as well as additional evidence submitted by the petitioner. He suggested that the Council could either resume the previous hearing where it had ended or incorporate the new information and conditions into the ongoing hearing, including allowing additional public comment. He requested, however, that any additional public comment be limited to only the additional information being presented that day. Consensus reached to include additional evidence and proposed conditions into the record for Item 11.B, including allowing additional public comment. This being a quasi-judicial proceeding, Notary Public Jessica Hernandez administered an oath to those intending to offer testimony; all responded in the affirmative. Council Members then made the following ex parte disclosures: Penniman / familiar with and had visited the site a number of times, had received many telephone calls and attended many meetings, and received hundreds of letters and emails; Barton / familiar with the site and had multiple communications with the petitioner and Mr. Mullen; Christman / since the June 19, 2024 meeting, had received information from the petitioner and Mr. Mullen and his representatives, received many emails from residents, and had multiple conversations with staff; Kramer / visited the site many times, had reviewed additional documents, received many emails, met with staff, and corresponded with the petitioner and Mr. Mullen; Petrunoff / visited the site multiple times, met with the petitioner and Mr. Mullen and his agents, and she and her husband became members of the Port Royal Club two weeks prior, after which she received an Opinion from the Independent Ethics Commission that she did not have a conflict of interest in the matter. In response to City Attorney McConnell, Council Member Petrunoff affirmed that neither she nor any of her family members were an employee, officer, or board member of the Port Royal Club, that she had no equitable interest in the Port Royal Club or any right to share the Club’s profits or losses, that her membership in the Club conveys no proprietary interest and does not concern her business or financial interests other than her dues, that she was not offered or promised any discount on her dues in exchange for her vote or anything of the like.; Hutchison / had visited the site as well as Mr. Mullen’s property, visited the previous Club prior to Hurricane Ian, attended meetings via Zoom with the petitioner, received numerous emails and telephone calls, and received presentations regarding the matter by subject matter experts at a previous meeting, had spoken with the City Attorney, and stated that he would keep an open mind; Heitmann / received hundreds of emails mainly in support of the Port Royal Club, met with the petitioner’s agent, met with Nancy Carlson, President of the Port Royal Club Homeowners’ Association and incoming President Bob Kohlhepp , met with members of the community sharing their concerns, met with Mr. Mullen prior to the June 19, 2024 meeting but not after, had received communications from Mr. Mullen and his attorney, and met with staff and the City Attorney. Clay Brooker, Attorney at Cheffy Passidomo, P.A., advised that although Items 11.B and 11.C would be considered separately, there is significant overlap in the information that would be presented that day. Attorney Brooker said he represented the Port Royal Club in a request for a Conditional Use to rebuild a private beach club. Attorney Brooker stated that in response to City

City Council Regular Meeting – August 21, 2024 – 8:30 a.m. 6 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. Council’s direction on June 19th, the Club had collaborated with City staff to develop an improved list of conditions aimed at mitigating the concerns raised during that hearing. Among those conditions, Attorney Brooker said the Club only opposed staff’s condition that City Council shall review the Conditional Use for possible modification after three verified noise violations and requested that the condition be removed, notably Condition No, 19. He asserted that such condition would subject the Club to an enforcement mechanism above and beyond the remedies that exist in the City’s Code. He then explained that Robert Lilkendey, Consultant at RML Acoustics, conducted a reexamination of the projected noise impacts along the southern property line to ensure that the Club’s operations would comply with the quantitative sound level limits in the City’s noise ordinance at full capacity and anticipated noise that will be emitted by mechanical equipment and a landscape speaker system. As a result, Attorney Brooker stated that Mr. Lilkendey recommended that the Club also enclose the Sunset Bar, in addition to the Club’s previous proffer to enclose the southern façade of the after-dinner lounge above the Sunset Bar. He stated that Mr. Lilkendey also recommended that the Club install an 11-foot-high wall near the southern property line adjacent to the pool area to maintain sound levels of 50 dBA or less at the southern neighbor’s residence. Attorney Brooker then reviewed the list of accommodations that the Club had agreed to following the June 19th meeting which include: eliminating the private beach access pathway near the southern property line; installing a privacy wall spanning the entire southern property line, with the portion adjacent to the pool area being 11 feet in height, or as otherwise determined by City Council; installing enhanced landscaping along the southern property line; enclosing the southern facing balcony of the After Dinner Lounge; enclosing the Sunset Bar; restricting pool hours from dawn until dusk; and restricting operational deliveries to the clubhouse between 7:00 a.m. to 6:00 p.m. only. Attorney Brooker acknowledged that although the accommodations will cost the Club over $2 million, there are additional requests by the Club’s neighbor immediately to the south, Mr. Mullen, which includes a private gate through the privacy wall for exclusive access to the Club from his property. Attorney Brooker asserted that the Club had worked with Mr. Mullen in good faith and that the proposed list of accommodations presented that day are adequate to address Mr. Mullen’s concerns. Tim McCarthy, Architect and Partner and Managing Principal of Hart Howerton, noted that revised plans incorporating the additional list of accommodations were submitted and subsequently reviewed by staff. He thereby utilized an electronic presentation to review the revised plans. Architect McCarthy provided details of the proposed enhanced landscaping and privacy wall, noting that the proposed height of the wall adjacent to the pool deck is 11 feet, with the height of the remainder of the wall at six feet, except in the required front yard setback from Gordon Drive where the wall will not exceed 30 inches in height pursuant to the City’s Code. Architect McCarthy then reviewed the revised plans for the enclosed After Dinner Lounge and Sunset Bar areas. Council Member Petrunoff stated that although the Sunset Bar is now enclosed, there are slider doors, and she expressed concern that patrons may wish to enjoy the weather during season by keeping the slider doors open. In response, Attorney Brooker stated that at Mr. Mullen’s request, the Club had agreed to keep the sliders closed during peak activity. He noted that the Club would also provide Mr. Mullen with a designated hotline to contact the Club in the event he had noise concerns at any given time. Ensuing discussion regarding how to determine peak activity, Attorney Brooker confirmed the Club’s acceptance of adding a condition that the sliding doors will remain closed when the Sunset Bar dining area is at or above 50 percent occupancy. In response to Council Member Petrunoff, Architect McCarthy stated that the privacy wall would be approximately two feet higher than the finished floor of the Sunset Bar. She questioned whether the height of the wall would adequately buffer Mr. Mullen’s property from the noise projecting from the Sunset Bar. Architect McCarthy stated that in addition to the Club’s protocols, the 11-foot wall was found to meet the Code’s level of sound at the property line when the aggregate sound sources from the Club were combined. He added that the Sunset Bar’s outdoor dining was also included in the acoustical study. In response to Mayor Heitmann, Architect McCarthy noted that Mr. Mullen had requested a privacy wall as high as 20 feet. Architect McCarthy explained that

City Council Regular Meeting – August 21, 2024 – 8:30 a.m. 7 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. such a high wall would be challenging to install, would create considerable shading, be difficult to conceal with landscaping, and could negatively impact the Club’s property value. He reiterated that the acoustical study found that an 11-foot wall would be sufficient. He added that the proposed clubhouse has been repositioned 70 feet away from Mr. Mullen’s property compared to the location of the previous clubhouse. In response to Council Member Kramer, Architect McCarthy confirmed there was no buffer enclosing the mechanical equipment on top of the previous clubhouse. In response to Council Member Barton, Architect McCarthy outlined the enhanced landscaping planned for the privacy wall which includes Coconut Palms installed at 35 to 39 feet, Sabal Palms at 19 to 23 feet, Callophyllum Trees at 14 feet, and a Clusia hedge at six feet along the entire length of the wall. In response to Vice Mayor Hutchison, Attorney Brooker stated that although the conditional use application encompasses approximately 5.5 acres of beachside property and 5.5 acres across the street on the eastern side, totaling 11 acres, much of the information presented concerns the beach portion of the property. He pointed out, however, that the conditional use also includes a parking needs analysis and a valet parking plan, which incorporate the eastern portion of the Club’s property. Attorney Brooker confirmed that there is an existing conditional use approval for the eastern portion of the property and City Attorney McConnell confirmed that the new conditional use would complement, rather than replace, the existing approval for that area. Planning Director Erica Martin stated that the error in the application would not alter the outcome of the Council’s decision that day, noting that the legal description contained in the Resolution, which is what Council was considering for approval that day, is accurate and includes the eastern portion of the property. In response to Vice Mayor Hutchison, Attorney Brooker clarified that the property is classified as a private beach club within a Public Service (PS) District, and thus requires conditional use approval according to Section 58-833 of the Land Development Code. Additionally, City Attorney McConnell confirmed that the request would not alter the propertys designation on the City’s Future Land Use Map (FLUM). Planning Director Martin reviewed the agenda memorandum to provide an overview of the proposed changes that were submitted by the petitioner. She then reviewed the 19 conditions of approval included in the agenda memorandum, explaining that they were a result of conditions discussed at the June 19th meeting, additional accommodations submitted by the petitioner, and conditions added by the Planning staff and City Attorney. Planning Director Martin explained that Condition No. 19 which states “after three noise violations verified by the City’s Code Enforcement Department and/or Police Department, the City Council shall review this Conditional Use for possible modification of the conditions herein” was modeled from the City’s Code for live entertainment permits, noting that the Code mandates that City Council will review a live entertainment permit for potential modifications after two verified complaints. Planning Director Martin noted that staff received many emails regarding the matter and noted that all correspondence received prior to publishing the agenda was included in the meeting packet. City Attorney McConnell clarified that any correspondence received up until the beginning of the meeting that day would be part of the meeting record, based on the Council’s motion earlier that day. Planning Director Martin recommended that the document titled “Exhibit to Proposed Conditions for Approval of Conditional Use Petition” be attached to the Resolution since it specifically reflects several of the conditions for approval. In response to Council Member Kramer, Planning Director Martin stated that the petitioner did not include live entertainment as part of their request. In response to Council Member Christman, Planning Director Martin clarified that, aside from the wall waiver request, which would be considered separately under Item 11.C, all other aspects of

City Council Regular Meeting – August 21, 2024 – 8:30 a.m. 8 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. the request are compliant with the Code. Further, Planning Director Martin confirmed that the project received preliminary design approval from the Design Review Board (DRB) during its November 17, 2023 meeting, subject to several conditions. Council Member Christman noted that 10 of the DRB’s 13 conditions pertain to landscaping, lighting, and design aesthetics. Council Member Christman was assured that the projects landscaping would undergo another review by the DRB, and the petitioner would need to demonstrate compliance with the preliminary design conditions before receiving final design approval. Council Member Christman then emphasized that the Council should also take into account the aesthetic impacts of the wall, given that the beach is a public area and Gordon Drive is a public road. He also raised concerns about potential risks associated with designing a higher wall, particularly during storm events. Council Member Christman questioned whether Condition No. 11 in the proposed Resolution was necessary to reference the Code regarding violations of the Land Development Code. In response, City Attorney McConnell confirmed that although the condition was taken directly from the Land Development Code, Council may choose to reference it in the resolution to provide a quick reference. In response to Council Member Christman, City Attorney McConnell also explained that although the petitioner is not requesting live entertainment, Condition No. 19 was added because there would be patrons outside the Club throughout the Club’s hours of operation. Council Member Christman inquired about the best approach for the City to avoid getting involved in conflicts between private parties while ensuring proper enforcement. Council Member Penniman suggested including a timeframe for when violations are calculated under Condition No. 19. Bill Quincy, Code Compliance Manager, (sworn separately) provided information on how noise complaints are evaluated by the Code Compliance Division. He explained that it is unusual to receive noise complaints at a conversational level and that most noise complaints occur during special events when music is played. He said if no resolution is found after attempting to mitigate the issue between parties, Code Compliance will measure noise levels. However, he noted that it can be challenging to isolate the specific noise source from other background noises. Public Comment: The following individuals expressed support for the project: Julie Guerra, Tamara Alexander (sworn separately), and Jenna Heiderman (sworn separately), who also read a letter of support from the President of the Port Royal Club. Seth Behn, Attorney at Lewis, Longman, and Walker, representing Terry Mullen, who lives adjacent to the Club’s southern property line, stated that since the June 19, 2024 meeting, efforts had been made to work with the Club, and denied that Mr. Mullen had continuously changed his requests. He expressed concerns about the proposed outdoor dining and the 776 indoor dining seats. Attorney Behn noted that Mr. Mullen engaged Scott Smith, Consultant at BWS Acoustics, to review the petitioner’s acoustic study. Mr. Smith found that the study did not account for full capacity or live voice analysis and concluded that the proposed 11-foot wall would be inadequate to mitigate noise. Attorney Behn added that the Club’s building elevation will start at 18.6 feet, with the top of the wall at 17 feet of the 30-foot building, and this height will not effectively address noise from the mid and upper-level dining areas. He emphasized that under the Code, noise plainly audible from 25 feet or more is considered a disturbance, and no additional measurement is needed to find the Club in violation if the noise is clearly audible from Mr. Mullen’s property. Attorney Behn stated that the Comprehensive Plan designates the property as public semi-private recreational open space and claimed that zero percent lot coverage is permitted. He asserted that Mr. Mullen’s request for a 20-foot-high wall is not only reasonable but necessary. Consultant Smith reviewed his analysis of the petitioner’s acoustic study, stating that it did not address transient noise sources such as pool activities and speech, thus failing to accurately reflect the sound generated by the Club. He recorded conversations and pool activity, which

City Council Regular Meeting – August 21, 2024 – 8:30 a.m. 9 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. showed significant variation, up to 20 dBA above average, making the noise plainly audible from Mr. Mullen’s property. Consultant Smith concluded that at a minimum, a 20-foot-high wall would be required to effectively mitigate noise from the Club. Terry Mullen, homeowner of the residence immediately adjacent to the Club’s southern property line, explained that while the Clubhouse was originally designed in a U-shape with the pool in the center, the Club’s redesign will result in more intense property use. He noted that the relocation of the pool and the mid and upper-level outdoor dining areas will negatively impact his enjoyment of his property. He expressed concerns about the size and scale of the proposed project, the volume of activity, and the generated noise, asserting that he is protecting his individual rights by requesting that the Club accommodate his requests. He expressed disagreement with the results of the petitioner’s acoustic study and requested that City Council require the portion of the wall adjacent to his property be constructed at a minimum of 20 feet. He added that he will install continuous acoustic monitoring and would be happy to share the data with the Club and the City. In response to Mayor Heitmann, Mr. Mullen stated that he had also suggested that the petitioner reduce the size of the clubhouse and relocate the pool, but the petitioner had refused to do so. He added that the Club agreed to enclose the Sunset Bar and After Dinner Lounge and adhere to other use provisions but urged that the wall is still necessary. Recess: 11:52 p.m. to 12:06 p.m. It is noted for the record the same Council Members were present when the meeting reconvened. Mayor Heitmann expressed concern that most of the noise will occur towards the southern end of the property where the pool is being relocated, which will directly affect Mr. Mullen. In response to Mayor Heitmann, City Attorney McConnell stated that Condition No. Two, which pertains to the height of the wall, can be made contingent upon the approval of Item 11.C. In response to Council Member Penniman, Planning Director Martin confirmed that, to her knowledge, Mr. Mullen had previously submitted a wall or fence waiver application for his property. In response to Council Member Penniman, Architect McCarthy explained that the property has two governing controls in respect to height which are the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA) and the Coastal Construction Control Line Program by the Florida Department of Environmental Protection (FDEP) which is more restrictive. He said the control line is located about midway through the property east way, which triggers certain requirements under the Florida Building Code. Specifically, he noted that the Lowest Horizontal Structural Member of the building is required to be at 17.1 feet. He said there are exceptions for certain uses in an AE zone for commercial uses where a room can be closed off in the event of a flood or surge event, adding that a dining room is one of those exceptions. He stated that in all cases, however, the elevation cannot be lower than what is required on the FIRM. He said although the FIRM requires an elevation of nine feet, the Club dining room will be at an elevation of 15 feet. Architect McCarthy stated that by locating the Club eastward and further away from the Gulf of Mexico, it reduces the dimension between the public rights-of-way and the entrance rather than building it in its previous u-shape location, adding that reducing that measurement is necessary to create a safe ascension for emergency vehicles and pedestrians. He noted that moving the Club into a different location required the new location of the pool. In response to Council Member Barton, Planning Director Martin confirmed that the height of the new Club does not exceed the 30-foot height restriction. Planning Director Martin stated that staff found the petition is consistent with the policies and objectives set forth in the Future Land Use Element of Comprehensive Plan. She then reviewed each of the policies and objectives and explained how the petition is consistent with each of them. In response to Council Member Petrunoff, Planning Director Martin stated that the petition was found to be consistent with Policy 1-1, adding the Club is consistent with the neighborhood, specifically because the PS District was established with the understanding that it was located in a residential district.

City Council Regular Meeting – August 21, 2024 – 8:30 a.m. 10 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. Attorney Brooker summarized the acoustical study, public comments proffered earlier that day, and a brief historical background of the Club’s reputation as a quiet operation and therefore requested approval. Ensuing discussion regarding modifications of the proposed Resolution, the following motion was proffered. MOTION by Christman to APPROVE RESOLUTION 2024-15421 subject to the following changes: 1) eliminating Condition No. 11; 2) adding language to Condition No. 19 to state that the number of noise violations will be based on a 12-month period; 3) adding a condition that the sliding doors on the second floor will remain closed when the Sunset Bar dining area is at or above 50 percent occupancy; 4) Condition Two will be contingent upon the action taken on Item 11.C. MOTION was seconded by Penniman and unanimously carried, all members present and voting (Hutchison-yes, Penniman-yes, Christman-yes, Barton-yes, Kramer-yes, Petrunoff-yes, Heitmann-yes). Agenda Memorandum Resolution Survey Civil Plans Architectural Renderings Traffic Impact Statement Valet Parking Plan Parking Needs Analysis PAB Staff Report Site Plan 23-SP19 Sufficiency Letter 3.28.2024 Application Disclosure of Interest Port Royal Beach Club - Deed Port Royal Club Deeds - East of Gordon Site Plan Articles of Amendment Port Royal Beach Club Inc to Port Royal Club Inc Aerial Declaration of Covenants and Deed Restrictions Credentials - Petitioner Credentials - Planning Department Public Notice Mailing Addresses Affidavit of Sign Posting Petitioners Presentation from 6-19-2024 Meeting - Attorney Petitioners Presentation from 6-19-2024 Meeting - Architect Petitioners Presentation from 6-19-2024 Meeting - Civil Petitioners Presentation from 6-19-2024 Meeting - Civil Backup Petitioners Presentation from 6-19-2024 Meeting - Valet Correspondence Received as of 6-12-2024 Correspondence Received after 6-12-2024 and prior to 8-14-2024 publication Clay Brooker Letter to City Council 8-5-24 PRC -- Brooker-HH Presentation for 8-21-2024 Meeting HH - 8.21 Back Up Presentation for 8-21-2024 Meeting Affidavit of Sign Posting for 8-21-2024 Meeting Correspondence received after Agenda Publication (Council/Added Exhibits) Exhibit to Proposed Conditions for Approval of Conditional Use Petition (Council/Added Exhibit) RML Acoustical Study (Council/Added Exhibit) Mullen Executive Summary & BWS Acoustical Study with Exhibits (Council/Added Exhibit) Handout (T. Mullen/Added Exhibit) 13.A) EXECUTIVE SESSION - Horseshoe Motor Developers LLC v. City of Naples, 20th Judicial Circuit, Case No. 23-CA-01708. City Attorney Matthew McConnell announced that City Council would enter into Executive Session to discuss settlement negotiations or strategy related to litigation styled Horseshoe Motor Developers LLC v. City of Naples, Case No. 23-CA-01708, 20th Judicial Circuit, in and for Collier

City Council Regular Meeting – August 21, 2024 – 8:30 a.m. 11 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. County, Florida. The following individuals were in attendance during the Executive Session: Mayor Heitmann, Vice Mayor Hutchison; City Council Members Barton, Christman, Kramer, Penniman, and Petrunoff; City Manager Jay Boodheshwar; City Attorney Matthew McConnell; Assistant City Attorney Ralf Brookes; and Shauna Allen from Dines Court Reporting. Executive Session from 1:02 p.m. to 1:43 p.m. It is noted for the record that the same Council Members were present when the meeting reconvened. City Attorney McConnell announced that a settlement agreement for Case No. 23-CA-1708 would be presented to City Council for approval at its September 4, 2024 Regular Meeting. Agenda Memorandum Public Notice 15) SECOND READING ORDINANCES 15.A) ORDINANCE 2024-15434 - Second Reading of an Ordinance Amending the Comprehensive Plan to Add the Vision Document. An Ordinance Amending the City of Naples Comprehensive Plan to Adopt the City of Naples Vision as a New Element in the Comprehensive Plan; Providing for Legislative Findings and Intent; Providing for Severability and Conflict; Providing for Codification and Directions to the Codifier that this Amendment Shall be a Separate New Element in the Comprehensive Plan; Providing for the Implementation Through the Statutory State Review Process of Chapter 163; and Providing an Effective Date. City Attorney Matthew McConnell read the title of the Ordinance. Planning Director Erica Martin presented the proposed Ordinance at Second Reading to adopt the City of Naples Vision as a new Element in the Comprehensive Plan and provided a brief background. She noted that after approval at First Reading, staff had transmitted the amendment and supporting data and analyses to the required reviewing agencies and had since received authorization to proceed with the final hearing for adoption of the Ordinance. Public Comment: None. MOTION by Petrunoff to ADOPT ORDINANCE 2024-15434; seconded by Hutchison and unanimously carried, all members present and voting (Barton-yes, Christman-yes, Hutchison-yes, Kramer-yes, Penniman-yes, Petrunoff-yes, Heitmann-yes). Planning Director Martin noted that a companion Ordinance amending the Comprehensive Plan to adopt Evaluation and Appraisal Report (EAR) amendments required a 60-day waiting period for approve from the Department of Commerce and is scheduled for Second Reading at an upcoming Meeting. She explained that the next step in updating the Comprehensive Plan would include amending the Vision Work Plan. Agenda Memorandum Ordinance - Second Reading PAB Staff Report Vision Document 2021 - Full Document Item 7F - PAB Minutes 1-11-2023 22-CPA3 - Business Impact Estimate DEP Response - Naples 24-02ESR Proposed 07-11-2024 Letter from Florida Commerce Recess: 1:47 p.m. to 2:05 p.m. It is noted for the record the same Council Members were present when the meeting reconvened. 11.C) RESOLUTION 2024-15422 - A Resolution Determining Fence and Wall Waiver Petition 24-FWW3 for a Fence and Wall Waiver, Pursuant to Section 56-37(g), to Allow a Wall Exceeding the Maximum Allowable Height for the Port Royal Club on Property Owned by Port Royal Club, Inc., a Florida Not for Profit Corporation, and Located at 2900 Gordon Drive, More Fully Described Herein; and Providing an Effective Date. City Attorney Matthew McConnell read the title of the Resolution. This being a quasi-judicial proceeding, it is noted for the record that those intending to offer testimony were previously sworn. Council Members then made the following ex parte disclosures: Penniman / familiar with the site and had spoken to several individuals; Barton / familiar with the site and communicated with both parties; Christman / since the June 19, 2024 meeting, had received information from the petitioner and Mr. Mullen and his representatives, received many emails from residents, and had multiple conversations with staff; Kramer / had correspondence with all parties involved and met with staff; Petrunoff / visited the site and met with both parties; Hutchison / had visited the site, attended meetings via Zoom with the petitioner, received numerous emails, received presentations

City Council Regular Meeting – August 21, 2024 – 8:30 a.m. 12 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. regarding the matter by subject matter experts at a previous meeting, had spoken with the City Attorney and stated that he would keep an open mind; Heitmann / familiar with the site, had received hundreds of emails mainly in support of the Port Royal Club, met with the petitioner’s agent, met with Nancy Carlson, President of the Port Royal Club Homeowners’ Association and incoming President Bob Kohlhepp, and communicated with members of the community via emails, telephone calls and in person. City Attorney McConnell asked Council Member Petrunoff if she wished to adopt the same answers to questions asked by him under Item 11.B; Council Member Petrunoff responded in the affirmative. Clay Brooker, Attorney at Cheffy Passidomo, P.A., said he represented the Port Royal Club, a private beach clubhouse located at 2900 Gordon Drive, in a request for a wall waiver for a portion of a privacy wall that will extend the entire length of the southern property boundary to serve as a buffer to the adjacent single family residential property. He explained that the proposed wall will be located within the required 15-foot side yard setback and the portion of the wall requiring a waiver is proposed to be a height of 11 feet in the area adjacent to the pool, where the Code limits the height to six feet, adding that the height of the remainder of the wall will be six feet, except in the required front yard setback from Gordon Drive where the wall will not exceed 30 inches in height pursuant to City Code. He provided a brief overview of standards for approval set forth in Section 56-37(g) of the City of Naples Code of Ordinances. Attorney Brooker explained that although the portion of the wall in the area adjacent to the pool was originally proposed to be nine feet in height, after a reexamination of projected noise impacts along the southern property line, Robert Lilkendey, Consultant at RML Acoustics, recommended that that portion of the wall be changed to be 11 feet in height. He requested to attach Page 3 and 4 of “Exhibit to Proposed Conditions for Approval of Conditional Use Petition” to the Resolution since it specifically outlines the details of the proposed wall. In response to Vice Mayor Hutchison, Attorney Brooker confirmed that the Port Royal Club is responsible for the construction and maintenance of the privacy wall. He also confirmed that because the Club planned to conceal as much of the wall with landscaping as possible, there is no intention to affix any banner or signage to it. Attorney Brooker clarified that the wall is located within the Club’s property line and has legal authority over both sides of the wall. Vice Mayor Hutchison asked how the Club would address repair if the wall were to be damaged. In response, Tim McCarthy, Architect and Partner and Managing Principal of Hart Howerton, said the wall will require active maintenance and assured that the Club is prepared to arrange for repairs if necessary and as quickly as feasible. In response to Council Member Christman, Attorney Brooker confirmed the length of the portion of wall requiring a waiver is approximately 150 feet. He said the results of the second acoustical study determined that 11 feet was more appropriate than the nine feet originally proposed. He confirmed that the study also determined that the newly proposed height and additional landscaping would be adequate to address noise concerns along that portion of the property where the pool is located. In response to Mayor Heitmann, Attorney Brooker said that the Club had spoken to Mr. Mullen, the neighbor immediately adjacent to the south, regarding his request for a wall height of 20 feet for the area adjacent to the pool but said the Club disagreed with that proposal. Mayor Heitmann said she wished the petitioner would reconsider Mr. Mullen’s request. City Attorney McConnell requested that the acoustical study and previous discussion be made part of the record of this item since it had been referenced. Consensus reached to ADD the petitioner’s Acoustical Study into the record for Item 11.C. Planning Director Erica Martin reviewed the agenda memorandum, noting that Section 56- 37(d)(1) of the City of Naples Code of Ordinances provides the maximum height of six feet for fences and walls in required side yards for all zoning districts except for the R1-15A residence

City Council Regular Meeting – August 21, 2024 – 8:30 a.m. 13 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. District. She added that the base point of measurement for a wall is from the grade on the inside and outside of the wall, which is different from the base point of measurement of a structure. Planning Director Martin then reviewed the criteria applicable and standards for approval and noted that staff found that the standards had been met. She then reviewed staff’s recommended conditions in the Resolution which include a detailed description of the wall’s location and dimensions as well as a detail of enhanced landscaping to be installed. She also offered a potential condition to read “that no lighting, speakers, signage or other appurtenances will be affixed to either side of the wall” in response to comments made earlier in the discussion by Vice Mayor Hutchison. In response to Mayor Heitmann, Planning Director Martin confirmed that 58 residents were mailed a Public Notice in relation to the item rather than 285 as reflected in the agenda memorandum. Planning Director Martin added that the Code requires that all property owners within 1,000 feet of the subject property be mailed a public notice, and she confirmed that the same residents were noticed for Items 11.B through 11.D. In response to Mayor Heitmann, Planning Director Martin confirmed that wall waiver applications are typically submitted for the purpose of noise abatement. In response to Council Member Petrunoff, Planning Director Martin confirmed that staff does not have an acoustical engineer on staff and relies on expert testimony by the petitioner. She stated that controversies surrounding wall waivers typically concern whether a wall may be too high but conceded the uniqueness in this matter of determining whether 11 feet will adequately abate noise. Council Member Petrunoff stated that the burden would fall on the Club to mitigate any noise issues that would deem the analysis erroneous and in violation of the Code’s noise limitations. Planning Director Martin clarified that if a verified complaint was found regarding noise, that would be a violation of the petitioner’s Conditional Use and not the waiver approval. Public Comment: Seth Behn, Attorney at Lewis, Longman, and Walker, representing Terry Mullen, who lives adjacent to the Club’s southern property line, asked that the acoustic study that BWS Acoustics presented at the June 19th meeting be submitted into the record. Consensus reached to ADD the BWS Acoustical Study into the record for Item 11.C. Attorney Behn argued that the proposed height of the wall will not effectively address noise outputs generated from the mid and upper-level dining areas. Scott Smith, Consultant at BWS Acoustics, asserted that the sound barrier of a wall improves as the height is increased. He then reviewed the BWS Acoustics Study, stating that he monitored his neighborhood pool during a 15-minute average and could hear conversations approximately 150 feet away. He referenced another study of a conversation in a parking lot that revealed spikes in noise levels during the conversation. He concluded by explaining that a measurement taken at the Port Royal Club indicated that sounds would still be audible with a 20-foot wall. Terry Mullen, homeowner of the residence immediately adjacent to the Club’s southern property line, questioned why the City did not engage an expert to conduct an acoustical study. He expressed concern about the generated noise and requested that City Council require the portion of the wall adjacent to his property be constructed at a minimum of 20 feet. Tamara Alexander expressed support of the wall waiver to allow a height of eleven feet in the area adjacent to the pool but opposed a higher height. Mayor Heitmann expressed concern that the pool bar, pool terrace, and pool area on the propertys southwest corner would directly affect Mr. Mullen. In response to Mayor Heitmann, Planning Director Martin stated that 380 chairs and 105 tables are distributed throughout different levels and areas as depicted on the Life Safety Plan under Item 11.D. She then reviewed the hours of operation of each location, noting that outdoor dining is allowed from 11:00 a.m. to 11:00 p.m. Architect McCarthy utilized the presentation for Item 11.D to review and respond to

City Council Regular Meeting – August 21, 2024 – 8:30 a.m. 14 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. questions regarding the proposed outdoor dining areas and hours of operation of the pool bar, Terrace and lawn space, pool area, banquet porch and North Terrace, Sunset Bar, Board Room Terrace, and Dining Porch. Mayor Heitmann suggested that accommodating Mr. Mullens request to increase the privacy wall height would be a minor concession. Council Member Penniman asked about the Clubs peak daily hours and its highest usage periods over the year. In response, Architect McCarthy said the demand analysis identified that, although occupancy is rarely 100 percent, the Club is busiest from Christmas to Easter. He noted that the public beach helps alleviate crowding at the pool area during spring break. He added that indoor seating, previously used for special events, has been reallocated to outdoor dining to meet the demand for Tuesday and Thursday dining. In response to Vice Mayor Hutchison, Architect McCarthy stated that a survey of Mr. Mullen’s property shows the elevation of the air-conditioned home and pool deck, with the privacy wall providing a 6.8-foot overlap from the homes first floor and over seven feet from the pool deck. In response to Vice Mayor Hutchison, City Attorney McConnell said he could not confirm the maximum number of noise violations that the Code Compliance Department would verify for one property in a single day but suggested that, if Code Compliance consulted the legal department, he would recommend a maximum of one violation per day. Vice Mayor Hutchison inquired whether data collected from noise monitoring equipment utilized by Mr. Mullen would be admissible as evidence to verify a noise violation. In response, City Attorney McConnell confirmed that only the Code Compliance Division can verify and certify noise complaints to take appropriate action. Vice Mayor Hutchison asked the Club to consider potential remedies in the event the Club is later found in violation of three verified noise complaints within a calendar year, including which remedies would take precedence and whether the seating closest to Mr. Mullen’s property would be reconsidered. In response to Council Member Christman, Architect McCarthy confirmed that, along with the pool bar, Pool Terrace, and pool area on the propertys southwest corner, the acoustical study also identified the Sunset Bar and After Dinner Lounge as potential sources of negative noise impact on Mr. Mullen’s property, which led to the decision to enclose both locations, with the Sunet Bar requiring the slider doors to remain shut when occupancy is at or above 50 percent. Council Member Christman stated that he could not support a wall higher than 11 feet, expressing the view that it would create several risks including ridicule within the community, possible decreased property values of homes located near the Club, disapproval of nearby residents, and neighborhood incompatibility. Mayor Heitmann contended, however, that this portion of the wall would impact only Mr. Mullen’s property. Council Member Christman suggested that rather than increasing the height of the wall, the Club could consider possible remedies for Mr. Mullen such as evaluating changes to the days and hours of operation and seating counts of the pool bar, pool terrace, and pool area. Council Member Kramer stated that the Club previously operated special events. He stated that the Club is mitigating Mr. Mullen’s concerns, however, he opposed raising the height of the wall, arguing that doing so assumes the Club will violate noise regulations that have not yet occurred and imposes more burden on the petitioner. In response to Vice Mayor Hutchison, Mayor Heitmann suggested that the petitioner consider reducing outdoor activity along the propertys southwest corner. Vice Mayor Hutchison suggested that Mr. Mullen would likely make fewer noise complaints if his requests were granted. The following motion was then proffered. MOTION by Christman to APPROVE RESOLUTION 2024-15422 as proposed; seconded by Kramer and carried 5-2, all members present and voting

City Council Regular Meeting – August 21, 2024 – 8:30 a.m. 15 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. (Christman-yes, Petrunoff-yes, Barton-yes, Kramer-yes, Hutchison-yes, Penniman-no, Heitmann-no). Agenda Memorandum Resolution Application Deed Disclosure of Interest Survey South Property Line Section Drawing - Revised Landscape Plans Landscaping Section Drawing Site Plan Credentials - Petitioner Credentials - Planning Department Public Notice Mailing Addresses Affidavit of Sign Posting for 8-21-2024 Meeting PRC -- Brooker-HH Presentation RML Acoustical Study (Council/Added Exhibit) June 19, 2024 Council minutes (Council/Added Exhibit) Outdoor Dining Presentation for Item 11.D (Council/Added Exhibit) Mullen Executive Summary & BWS Acoustical Study with Exhibits (Council/Added Exhibit) Exhibit to Proposed Conditions for Approval of Conditional Use Petition (Council/Added Exhibit) 11.D) RESOLUTION 2024-15423 - A Resolution for the Purpose of Determining Outdoor Dining Petition 24-OD7 Establishing Outdoor Dining, Pursuant to Section 56-126, for the Port Royal Club on Private Property Owned by Port Royal Club, Inc. a Florida Not for Profit Corporation, and Located at 2900 Gordon Drive, More Fully Described Herein; and Providing an Effective Date. City Attorney Matthew McConnell read the title of the Resolution. This being a quasi-judicial proceeding, it is noted for the record that those intending to offer testimony were previously sworn. Council Members then made the following ex parte disclosures: Penniman / familiar with the site, had spoken with many individuals and received numerous emails; Barton / had no disclosures related to the outdoor dining request; Christman / since the June 19, 2024 meeting, had received information from the petitioner and Mr. Mullen and his representatives, received many emails from residents, and had multiple conversations with staff; Kramer / received emails and met with staff; Petrunoff / said she had the same disclosures as the previous items, noting that she and her husband are members of the Port Royal Club; Hutchison / visited the site, attended meetings via Zoom with the petitioner, received numerous emails, received presentations regarding the matter by the petitioner and residents at a previous meeting, had spoken with the City and stated that he would keep an open mind; and Heitmann / met with Nancy Carlson, President of the Port Royal Club Homeowners’ Association and incoming President Bob Kohlhepp and communicated with residents and staff. Tim McCarthy, Architect and Partner and Managing Principal of Hart Howerton, provided a background of the Club’s indoor and outdoor dining prior to Hurricane Ian and an overview of the proposed outdoor dining request to include a total of 105 tables and 380 chairs for the Port Royal Club private beach clubhouse located at 2900 Gordon Drive. He stated that the request does not include any additional signage, all outdoor dining is located on private property, all kitchen and bar service equipment to serve outdoor dining areas is either located indoors or screened from view by adjacent property owners through enhanced landscaping and a privacy wall, and that th