City Council Regular Meeting

City of Naples City Council Chamber 735 Eighth Street South Naples, Florida 34102 City Council Regular Meeting – February 5, 2025 – 8:36 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 Lee Heitmann, Mayor Berne Barton Terry Hutchison, Vice Mayor Ray Christman Bill Kramer Linda Penniman Beth Petrunoff Staff Present: Gary Young, City Manager Matthew McConnell, City Attorney Patricia Rambosk, City Clerk Erica Martin, Planning Director Bill Quinsey, Code Compliance Manager Mari Gallet, Deputy City Manager Stephen Beckman, Director of Building Services Alison Bickett, Deputy City Engineer Michael Murawski, Ethics Executive Director Jessica Rosenberg, Deputy City Clerk Others Present: Rob Moher John Krol Kara Murphy Lauren Batlle Bob Bowman Keith Choff Frank DiMella Alex Garland Martha Rozman James Whittaker Liset Zelay Mick Moore Donna Dabney Janet Ferry Marcella Drawdy John Shubin Mark Grafton George Vukobratovich 2) INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Heitmann and Reverend Marcella Drawdy, Trinity by the Cove, gave invocations. Mayor Heitmann subsequently led in the Pledge of Allegiance. 3) SWEARING IN OF THE NEW CITY MANAGER, GARY YOUNG) City Clerk Patricia Rambosk administered the Oath of Office to newly appointed City Manager Gary Young, who then shared his remarks and gratitude. Recess: 8:47 a.m. to 9:08 a.m. It is noted for the record that the same Council Members were present when the meeting reconvened. 5) ANNOUNCEMENTS AND PRESENTATIONS 5.A) PROCLAMATION IN CELEBRATION OF THE CONSERVANCY OF SOUTHWEST FLORIDA’S 60TH ANNIVERSARY.

City Council Regular Meeting – February 5, 2025 – 8:36 a.m. 2 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. Mayor Heitmann read a proclamation recognizing the Conservancy of Southwest Florida for 60 years of service, commending the organization for its dedication to protecting and preserving the environment and wildlife. Rob Moher, CEO of The Conservancy of Southwest Florida, expressed gratitude and highlighted a successful collaboration between the organization and the City to install signs at the Naples Pier aimed at protecting wildlife. 4) SET AGENDA (ADD OR REMOVE ITEMS) City Manager Gary Young stated that there were no changes to the agenda. He announced that Item 10.A was a 10:00 a.m. time-certain item related to a Special Magistrate’s recommendation for a land use dispute settlement, and another time-certain, Item 12.A at 12:30 p.m., an Executive Session to discuss labor negotiations. MOTION by Hutchison to SET 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). 5.B) CODE ENFORCEMENT BOARD ANNUAL PRESENTATION. Bill Quinsey, Code Compliance Manager, offered an electronic presentation outlining the activities of the Code Enforcement Board in 2024. Code Enforcement Board Chair John Krol provided details on Board membership and reported that 2,589 cases were handled the previous year, resulting in 128 citations and 274 written warnings. He noted that 22 cases were brought before the Board in 2024. In response to Vice Mayor Hutchison, Code Compliance Manager Quinsey expressed confidence that his department had sufficient staffing to manage the current caseload effectively. He added that one officer works after hours and weekends. In response to Mayor Heitmann, Code Compliance Manager Quinsey outlined the procedures his staff follows to monitor short-term rentals. City Manager Gary Young stated that the Police Department addresses vehicle noise issues. Agenda Memorandum 6) PUBLIC COMMENTS Keith Choff emphasized the need for dredging and mangrove trimming in the canal system near River Park East, stating that these efforts would help alleviate flooding and improve boat safety. In addition, he expressed the opinion that River Park East should consist solely of single-family homes rather than apartments. Alex Garland, of Garland and Garland Marine Construction, voiced concern over the absence of dock codes in the Aqualane Shores neighborhood, stating that the lack of regulations complicates dock construction in the area. Lauren Batlle, a River Park East resident, emphasized the need for new storm drains, a protective seawall, and canal dredging in her neighborhood. She urged the City to prioritize these infrastructure projects before purchasing the Stillwater Cove property. She also voiced concerns against any future annexation of Charlie C. Anthony Park for affordable housing. In response, Mayor Heitmann assured that the park would remain intact and pledged to provide further details at an upcoming neighborhood meeting. Frank DiMella disputed some data that had been presented at the January 15, 2025, Naples Airport Authority meeting. Citing his own calculations, he argued that increasing the glide slope from three percent to three and a half percent would result in lower approach altitudes than reported. James Whittaker, a River Park East resident, voiced concerns about the River Park East community being overlooked by the City, noting that while other areas receive significant upgrades, River Park East has only seen minor improvements. He emphasized the need for substantial infrastructure enhancements in River Park East. Martha Rozman, representing Greater Naples Leadership, requested a waiver of the $600 fee for an educational event her organization has scheduled at the Norris Community Center on February 19, 2025. She emphasized that Greater Naples Leadership is a nonprofit organization dedicated to developing community leaders and volunteers. In response, Mayor Heitmann said her request will be discussed later in the meeting during Communications from the Mayor, City Council, and Staff. Liset Zelay, Secretary at the River Park East Homeowners Association, spoke about the need

City Council Regular Meeting – February 5, 2025 – 8:36 a.m. 3 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. for an improved stormwater system in her neighborhood. She emphasized that infrastructure upgrades should take priority over real estate acquisitions in River Park East. Bob Bowman expressed concern over the City Council’s lack of proactive measures to prevent flooding on private property in Old Naples. He stated that he and many residents had offered to personally fund resiliency improvements to protect their homes. However, an email he received on January 31, 2025, reflected a lack of support from the City and restricted many of his proposed initiatives. 14.D) DISCUSSION OF A SPECIAL MAGISTRATE’S RECOMMENDATION OF SETTLEMENT OF A FLORIDA LAND USE AND ENVIRONMENTAL DISPUTE RESOLUTION ACT ("FLUEDRA") CLAIM. OLDE NAPLES BUILDING, LLC AND 1148 3RD STREET SOUTH RESTAURANT, LLC VS. CITY OF NAPLES, CASE NO. 2023-AP-000007. (10:00 A.M. TIME CERTAIN). City Attorney Matthew McConnell introduced the item and informed the City Council that it was required to respond within 45 days from the issuance of the Special Magistrate’s recommendation regarding Olde Naples Building, LLC, and 1148 3rd Street South Restaurant, LLC. He explained that under the Florida Land Use and Environmental Dispute Resolution Act (FLUEDRA), specifically Florida Statutes §70.51(21)(a), the City had three options: 1) accept the recommendation as presented, 2) reject it, or 3) modify it. In anticipation of the hearing that day, he noted that both parties had agreed to extend the previously expired 45-day deadline. This being a quasi-judicial proceeding, Notary Public Jessica Rosenberg administered an oath to those intending to offer testimony; all responded in the affirmative. Council Members then made the following ex-parte disclosures: Kramer / had spoken to the City Attorney regarding the matter, and had studied relevant documents to obtain history on the matter; Petrunoff / had met with the City Attorney and .Attorney Murphy, had received an email from Neapolitan Enterprises, and was aware of the issue; Hutchison / had been to the property, was familiar with the property and the issues associated with the project, had spoken to residents, had spoken to Neapolitan Enterprises representatives, had received letters and other documents from Neapolitan Enterprises, had spoken with other interested parties associated with the building, had spoken to City Staff and Attorney Murphy, and had kept an open mind throughout the process; Christman / was familiar with the property and the discussion and actions that the City Council took in June, 2023, had met with the City Attorney and Attorney Murphy to discuss the FLUEDRA procedure, and had received correspondences from Neapolitan Enterprises; Barton / was familiar with the site and had discussions with the City Attorney and Olde Naples Association representatives, and had received emails in reference to the matter including emails from Neapolitan Enterprises; Penniman / was familiar with the site, had not had any contact except for emails from Neapolitan Enterprises; and Heitmann / was familiar with the site, had spoken to residents and representatives from Neapolitan Enterprises and others who are interested in the property, had spoken to Attorney Murphy and the City Attorney, and received emails from Ms. Walker. Outside Counsel Kara Murphy, from the Law Office of Jursinski & Murphy, provided background on the matter related to the petitioner, Olde Naples Building LLC, which began in 2010. She explained that it involved an administrative determination letter from the former City Planning Director Robin Singer, leading to a Circuit Court case in which Neapolitan Enterprises alleged that the City's actions violated the ultra vires act. She stated that the discussion that day concerned a hybrid determination related to the interpretation of that letter. Attorney Murphy noted that a building permit was approved in August 2022 for the construction and improvement of a new restaurant at the Olde Naples Building. Following this, the petitioner requested an outdoor dining permit, citing the determination letter’s provision allowing them to use their 76 parking credits to accommodate outdoor dining. However, City Council denied the request, leading to two mediation sessions and a subsequent FLUEDRA recommendation from a Special Magistrate. That recommendation included approval of the outdoor dining permit and a reduction in the restaurant’s square footage calculation from 4,630 square feet to 2,315, along with the removal of the mezzanine from the Olde Naples Building.

City Council Regular Meeting – February 5, 2025 – 8:36 a.m. 4 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. Agent for the petitioner, Attorney John Shubin, from the Shubin Law Group, pledged to conclude the legal process if a settlement was reached that day. He explained that the Camalier family purchased the Olde Naples Building in 1983 with the goal of enhancing the property and promoting adaptive reuse. He emphasized that his client was not seeking to amend the Code but rather to utilize an existing provision that allows properties built before the establishment of the Zoning Code and parking regulations to apply a formula to determine their allowable parking spaces. He noted that the goal of the provision was to discourage individuals from tearing down historical buildings and instead incentivize them to redevelop them adaptively. He asserted that the only party that objected to the proposal is a competitor who owns property and restaurants near the Camalier property. Attorney Shubin explained that the FLUEDRA process is intended to resolve land use disputes by fostering constructive dialogue between parties. He noted that if an agreement is not reached during FLUEDRA negotiations, a Special Magistrate steps in to render a fair and impartial decision, as was the case during this matter. He stated that the Special Magistrate found the denial of the outdoor dining permit to be unfair, unjust, and an inequitable burden on the petitioner’s property. He urged City Council to apply consistent standards to all similarly situated parties and accept the Special Magistrate’s recommendation. He also pledged to collaborate with the City Attorney if the opposing party chose to pursue further litigation. Attorney Mick Moore, from The Law Offices of Michael D. Moore, noted that the Olde Naples Building does not provide parking, unlike other restaurants on 3rd Street South. While he acknowledged that the Circuit Court granted the petitioner permission to operate a restaurant in 2018, he objected to the petitioner’s later request for outdoor dining without meeting the required parking requirements. He stated that he did not believe the City's decision to enforce its code regarding outdoor dining was unfair or unreasonable. He then outlined three flaws he found in the Special Magistrate’s recommendation: 1) City Code specifies that if any part of a building is demolished, the parking credits associated with that portion are forfeited; 2) the Special Magistrate’s parking calculation was flawed, and even if applied correctly, it still would not provide enough parking to support the reduced outdoor dining area, and; 3) the Special Magistrate allowed the transfer of parking credits from the structure to the outdoor dining area, which contradicted the City’s established position. Attorney Moore continued by stating that other restaurants in the area obtained approval for outdoor dining by either providing the required parking spaces or completing a parking needs analysis. He questioned why the petitioner had not completed a parking needs analysis as a means to secure the outdoor dining it sought. He then referenced correspondence between the petitioner’s agent and the City dating back to 2007, which he claimed demonstrated that the petitioner was aware they would need to follow a different process to obtain outdoor dining approval. In response, Attorney Shubin argued that the 2018 Circuit Court decision used the term “property” which the petitioner interpreted to mean that the 76 parking credits could be allocated to any permitted use on the property, including outdoor dining. Vice Mayor Hutchison asked if he should recuse himself from the discussion and vote due to his ownership of a convenience store near the proposed restaurant. In response, City Attorney McConnell noted that the restaurant had already been approved and asked whether Vice Mayor Hutchison could remain unbiased in deliberating whether to accept, reject, or modify the Special Magistrate’s recommendation on outdoor dining. Vice Mayor Hutchison replied that neither he nor any family member would benefit from his vote on the matter. Council Member Christman recalled that the petition to allow outdoor dining without the required parking had been denied during the June 21, 2023, City Council meeting. He reiterated that, without the necessary parking, the request was inconsistent with the Code.

City Council Regular Meeting – February 5, 2025 – 8:36 a.m. 5 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. Attorney Murphy added that it was determined during the June 2023 meeting that a non- conformity could not be transferred to another portion of a non-conformity, particularly when the removed portion, the mezzanine, was directly tied to the 76 parking credits. George Vukobratovich, (sworn in separately), Manager of the property, stated that the mezzanine had not been altered, except for fire sprinkler modifications requested by the Naples Fire Department. Attorney Mark Grafton, from the Shubin Law Group, affirmed that plans included removing portions of the mezzanine, which he argued influenced the Special Magistrate’s decision to decrease the number of parking credits and consequently reduce the size of the outdoor dining footprint. Attorney Murphy clarified the City’s position, stating that the number of parking credits was based on the mezzanine. She explained that if a portion of the mezzanine is removed, the building would lose its non-conforming status, and the associated parking credits would be forfeited. Council Member Christman stated that the petitioner must provide the required parking for outdoor dining, just as any other applicant for a similar property would. He suggested that the petitioner could either apply for a variance or complete a parking needs analysis. Expressing his opposition to the Special Magistrate’s proposal, he emphasized that the petitioner must provide the proper parking requirements to secure outdoor dining. Council Member Kramer questioned why the petitioner would pursue costly litigation when completing a parking needs analysis would be a far more affordable option. He emphasized the importance of adhering to the Code and voiced his opposition to the Special Magistrate’s proposal. Council Member Petrunoff cautioned that City Council risks inviting lawsuits if it does not adhere to the Code. She clarified that while the petitioner had a permit to build a restaurant, it did not include outdoor dining. Vice Mayor Hutchison expressed concern over the significant legal fees the City has incurred litigating the matter. Planning Director Erica Martin outlined two potential paths the petitioner could take to obtain outdoor dining approval: 1) complete a parking needs analysis, an estimated three-month process, or 2) request an expansion of a non-conformity. Attorney Shubin asserted that the petitioner does not have the option to purchase parking credits within the district where the building is located. He then read excerpts from the FLUEDRA response and argued that the arbitrator’s findings should carry greater weight, given their role as an independent land-use attorney. MOTION by Christman to REJECT the Special Magistrates recommendation ; seconded by Petrunoff and unanimously carried, all members present and voting (Christman-yes, Barton-yes, Kramer-yes, Petrunoff-yes, Penniman- yes, Hutchison-yes, Heitmann-yes). At the conclusion of the vote, City Attorney McConnell informed City Council that if the Special Magistrate’s recommendation was rejected, modified, or accepted without the property owner’s approval, the Statute required a written decision specifying the property's allowable uses to be submitted within 30 days. He requested a consensus from City Council to proceed with drafting the decision letter. Consensus to authorize the City Manager to draft the required decision letter. Noting that the petitioner owns other properties near the building, Vice Mayor Hutchison asked the City Attorney to investigate whether parking from those locations could be incorporated into the building’s parking requirements. Agenda Memorandum Special Magistrate Report and Recommendation ONB Settlement Agreement

City Council Regular Meeting – February 5, 2025 – 8:36 a.m. 6 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. Recess: 11:39 a.m. to 11:47 a.m. It is noted for the record that the same Council Members were present when the meeting reconvened. APPROVAL OF CONSENT AGENDA MOTION by Penniman to APPROVE THE CONSENT 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). 7) MINUTES 7.A) APPROVAL OF THE DECEMBER 11, 2024 REGULAR COUNCIL MEETING MINUTES. Agenda Memorandum December 11, 2024 Regular Meeting Minutes 8) RESOLUTIONS 8.A) RESOLUTION 2025-15536 – A RESOLUTION APPROVING A CONTRACTOR’S SERVICES AGREEMENT BETWEEN THE CITY OF NAPLES AND ARBORPRO, INC. OF YORBA LINDA, CALIFORNIA, TO UPDATE THE URBAN FOREST INVENTORY, IN THE AMOUNT OF $163,500; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACTOR’S SERVICES AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. Title not read. Agenda Memorandum Resolution Contractor’s Services Agreement (Unsigned) Urban Forest Inventory Project - Schedule of Values Urban Forest Inventory Project - Certificate of Insurance Urban Forest Inventory Project - E-Verify 2024 Urban and Community Forestry Capacity Grant Program - Award Letter 8.B) RESOLUTION 2025-15537 – A RESOLUTION APPROVING AN EXTENSION OF AN INTERLOCAL AGREEMENT FOR RE-FUELING BY AND BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES; AUTHORIZING THE MAYOR TO EXECUTE THE EXTENSION OF THE INTERLOCAL AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. Title not read. Agenda Memorandum Resolution Extension of Interlocal Agreement for Re-Fueling by and Between Collier County and City of Naples Interlocal Agreement for Re-Fueling between Collier County and City of Naples 8.C) RESOLUTION 2025-15538 – A RESOLUTION FOR THE PURPOSE OF UPDATING THE PREVIOUSLY APPROVED LIST OF VENDORS; AMENDING RESOLUTION 2024- 15502, WAIVING THE COMPETITIVE BIDDING PROCESS FOR THE PURCHASE OF GOODS AND SERVICES DURING FISCAL YEAR 2024-25 AS PROVIDED IN SECTION 2-663(d) OF THE CODE OF ORDINANCES, CITY OF NAPLES AND UPDATING A REVISED LIST OF VENDORS THAT ARE ENTITIES REGULARLY RECEIVING BIDS FOR COUNTY, STATE OR CITY OFFICIAL USE; WAIVING THE COMPETITIVE BIDDING PROCESS FOR THE PURCHASE OF GOODS AND SERVICES AS PROVIDED IN SECTION 2-666(9) OF THE CODE OF ORDINANCES, CITY OF NAPLES, AND UPDATING A LIST OF VENDORS THAT HAVE BEEN DETERMINED TO BE SOLE SOURCE PROVIDERS; AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENTS WITH THE APPROVED LISTS OF VENDORS DURING FISCAL YEAR 2024-25 IN THE TOTAL NOT-TO-EXCEED AMOUNTS AS SET FORTH HEREIN; AUTHORIZING THE CITY MANAGER TO EXECUTE PURCHASE ORDERS THEREFOR; REPEALING RESOLUTION 2024-15502; AND PROVIDING AN EFFECTIVE DATE. Title not read. Agenda Memorandum Resolution

City Council Regular Meeting – February 5, 2025 – 8:36 a.m. 7 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. 8.D) RESOLUTION 2025-15539 – A RESOLUTION APPROVING AN EMPLOYMENT AGREEMENT WITH GARY L. YOUNG AS NAPLES CITY MANAGER; AUTHORIZING THE MAYOR TO EXECUTE THE EMPLOYMENT AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. Title not read. Agenda Memorandum Resolution Agreement 9) OTHER 9.A) CONSIDERATION OF THE NEW SPECIAL EVENT APPLICATION: NAPLES NIGHT OUT WITH HEROES Agenda Memorandum WHF Naples Night Out with Heroes 3.6.2025 9.B) CONSIDERATION OF THE REPEAT SPECIAL EVENT APPLICATIONS ENUMERATED BELOW: 1. HYATT HOUSE COCKTAIL RECEPTION - HYATT HOUSE; 2. ST. PATRICK’S PARADE - DOWNTOWN NAPLES; 3. HLV END OF SEASON GATHERING - HIDDEN LAKE VILLAS; 4. HYATT HOUSE COCKTAIL RECEPTION - HYATT HOUSE; 5. HYATT HOUSE COCKTAIL HOUR - HYATT HOUSE; 6. EVENINGS ON 5TH - 5TH AVENUE SOUTH; 7. NAPLES 4TH OF JULY FIREWORKS - NAPLES PIER; 8. THE NAPLES THANKSGIVING DAY 5K RACE- 5TH AVE SOUTH/CAMBIER PARK; 9. CHRISTMAS EVE SERVICE - CAMBIER PARK BANDSHELL Agenda Memorandum Hyatt House Cocktail Reception 2.27.25 St. Patrick’s Parade 3.15.25 End of Season Gathering 3.19.25 Hyatt House Cocktail Reception 3.20.25 Hyatt House Cocktail Reception 3.28.25 Evenings on 5th 4.10.25 Naples 4th of July Fireworks 7.4.25 The Naples Thanksgiving Day 5k Race 11.27.25 Christmas Eve Service 12.24.25 END OF CONSENT AGENDA 10) PUBLIC HEARINGS - NONE. REGULAR AGENDA 11) ITEMS PULLED FROM CONSENT AGENDA (IF NEEDED) None. 12) LAND USE MATTERS - NONE. 13) OLD BUSINESS 13.A) DISCUSSION AND DIRECTION REGARDING COLLABORATION WITH THE GULFSHORE PLAYHOUSE ON PUBLIC ART FOR THE CITY’S NEW PARKING GARAGE UNDER CONSTRUCTION AT 1ST AVENUE SOUTH ADJACENT TO THE GULFSHORE PLAYHOUSE. Deputy City Manager Mari Gallet announced that the 1st Avenue South Parking Garage has a Temporary Certificate of Occupancy (TCO) date of March 17, 2025. She said public art is a required component of new commercial construction under Section 46.42(c) of the City’s Code. She added that the newly constructed Gulfshore Playhouse has offered to collaborate with the City to fulfill its public art requirement. She added that a decision would be needed quickly, as the Code requires public art to be in place within six months of the issuance of the Certificate of Occupancy (CO). She asked City Council for direction as to whether it wished to pursue the opportunity. MOTION by Hutchison to APPROVE the collaboration between the City and Gulfshore Playhouse in executing a strategy for public art at the new parking garage; seconded by Penniman and unanimously carried, all members

City Council Regular Meeting – February 5, 2025 – 8:36 a.m. 8 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. present and voting (Barton-yes, Christman-yes, Hutchison-yes, Kramer-yes, Penniman-yes, Petrunoff-yes, Heitmann-yes). Agenda Memorandum 14) NEW BUSINESS Agenda Memorandum 14.B) ANNOUNCEMENT OF EXECUTIVE SESSION - SCHNEIDER, NICK V. CITY OF NAPLES, OFFICE OF THE JUDGES OF COMPENSATION CLAIMS, OJCC CASE NUMBER 20-016665FJC. City Attorney Matthew McConnell read the public notice of a request to schedule an Executive Session on February 20, 2025 at 12:30 p.m. for the purpose of seeking advice concerning settlement negotiations or strategy related to litigation expenditures associated with litigation styled Schneider, Nick v. City of Naples, Office of The Judges of Compensation Claims, OJCC Case Number 20-016665FJC. Agenda Memorandum Public Notice 14.C) ANNOUNCEMENT OF EXECUTIVE SESSION - COMPAGNONE, RICHARD V. CITY OF NAPLES, CASE NO. 23-CA-003045, 20TH JUDICIAL CIRCUIT, IN AND FOR COLLIER COUNTY, FLORIDA. City Attorney Matthew McConnell read the public notice of a request to schedule an Executive Session on March 5, 2025 at 12:30 p.m. for the purpose of seeking advice concerning settlement negotiations or strategy related to litigation expenditures associated with litigation styled Compagnone, Richard v. City of Naples, Case No. 23-CA-003045, 20th Judicial Circuit, in and for Collier County, Florida. Agenda Memorandum Public Notice 14.E) RESOLUTION 2025-15540 – A RESOLUTION APPROVING A FORM RIGHT-OF-WAY USE AGREEMENT FOR INSTALLATION OF MONUMENTAL MAILBOXES WITHIN THE CITY; AUTHORIZING THE CITY MANAGER TO AUTHORIZE THE IMPLEMENTATION OF THE AGREEMENT THROUGH THE RIGHT-OF-WAY PERMITTING PROCESS; AND PROVIDING AN EFFECTIVE DATE. City Attorney Matthew McConnell read the title and provided a brief overview of the Right-of-Way Use Agreement. He explained that the agreement shifts the risk of potential damages to monumental mailboxes onto the property owners, prevents the City from being held liable for injuries and solidifies the City’s access to utilities. He asked City Council to not only incorporate the resolution into the Right-of-Way Use Agreement but also to update the City’s mailbox regulations, which have not been revised since the 1990s and currently only address wooden mail posts. Deputy City Engineer Alison Bickett said she researched the codes of other municipalities and criteria related to monumental mailboxes and determined that it is important to keep the structure minimal and in harmony with the character of the neighborhood. Council Member Petrunoff emphasized the need for regulations to manage the increasing number of monumental mailboxes in Naples. She suggested that the Design Review Board (DRB) evaluate how they fit within the character of neighborhoods. MOTION by Christman to APPROVE RESOLUTION 2025-15540 with the understanding that the City Attorney and staff will work expeditiously to present proposed amendments to the Code as it relates to mailboxes; seconded by Kramer and unanimously carried all members present and voting (Barton-yes, Christman-yes, Hutchison-yes, Kramer-yes, Penniman- yes, Petrunoff-yes, Heitmann-yes). Agenda Memorandum Resolution Right of Way Use Agreement - with Exhibit A 3880 Rum Row - Hardscape

City Council Regular Meeting – February 5, 2025 – 8:36 a.m. 9 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. 14.A) EXECUTIVE SESSION - LABOR NEGOTIATIONS (12:30 P.M. TIME CERTAIN). City Attorney Matthew McConnell noted that the executive session is related to labor negotiations. Executive Session: 12:29 p.m. to 1:10 p.m. It is noted for the record that the same Council Members were present when the meeting reconvened. There was no action announced. ORDINANCES 15) FIRST READING ORDINANCES 15.A) FIRST READING – AN ORDINANCE DELETING CHAPTER 4, ADVERTISING, WHICH INCLUDES ARTICLE I. IN GENERAL, AND ARTICLE II, HANDBILLS, OF THE CODE OF ORDINANCES, CITY OF NAPLES, AS THERE ARE NO CODE PROVISIONS IN ARTICLE I AND PERMIT APPLICATIONS FOR DISTRIBUTION OF HANDBILLS ARE NOW INCLUDED IN ARTICLE II PEDDLERS AND SOLICITORS OF CHAPTER 10 OF THE CODE OF ORDINANCES, CITY OF NAPLES; PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY, CORRECTION OF SCRIVENER’S ERROR, CONSTRUCTION, PUBLICATION, AND AN EFFECTIVE DATE. City Attorney Matthew McConnell read the title. City Manager Gary Young explained that its purpose was to resolve conflicts in the Code regarding the distribution of handbills. MOTION by Penniman to APPROVE ITEM 15.A AT FIRST READING; seconded by Christman and unanimously carried all members present and voting (Christman-yes, Petrunoff-yes, Barton-yes, Kramer-yes, Hutchison-yes, Penniman-yes, Heitmann-yes). Agenda Memorandum Ordinance Ordinance 2022-14816 15.C) FIRST READING – AN ORDINANCE AMENDING THE CITY OF NAPLES ETHICS CODE; AMENDING SUBSECTIONS (b)(2) AND (3) OF SECTION 2-973, ETHICS TRAINING OF THE CITY OF NAPLES ETHICS CODE FOR THE PURPOSE OF PROVIDING TRAINING ON THE STATE OF FLORIDA PUBLIC RECORDS ACT AND SUNSHINE LAW FOR APPOINTED MEMBERS OF BOARDS AND COMMITTEES OF THE CITY OF NAPLES; CREATING A NEW SUBSECTION (l), PROHIBITED COMMUNICATIONS, TO SECTION 2-975, CONFLICTS OF INTEREST OF THE CITY OF NAPLES ETHICS CODE TO PROVIDE FOR PROHIBITED COMMUNICATIONS AMONG CERTAIN BOARD AND COMMITTEE MEMBERS AND THE CITY COUNCIL; PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY, CORRECTION OF SCRIVENER’S ERROR, CONSTRUCTION, PUBLICATION; AND AN EFFECTIVE DATE. City Attorney Matthew McConnell read the title. Michael Murawski, Ethics Executive Director, explained that its purpose was to add two amendments to the Ethics Code, one addressing ethics training and the other concerning prohibited communications. In response to Council Member Christman, Ethics Executive Director Murawski clarified that the prohibited communications pertain to discussions between members of the Code Enforcement, Design Review, and Planning Advisory Boards and City Council members regarding quasi-judicial matters. Mayor Heitmann expressed concern about First Amendment rights and the restriction on a board member’s ability to speak at a City Council meeting in a personal capacity. In response to Vice Mayor Hutchison, Ethics Executive Director Murawski clarified that there would be no restriction on communications between board members and City Council members during meetings. MOTION by Penniman to APPROVE ITEM 15.C AT FIRST READING; seconded by Kramer and unanimously carried all members present and voting (Penniman-yes, Hutchison-yes, Petrunoff-yes, Barton-yes, Christman-yes, Kramer-yes, Heitmann-yes). Agenda Memorandum

City Council Regular Meeting – February 5, 2025 – 8:36 a.m. 10 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. Ordinance 15.B) FIRST READING - AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, CHAPTER 16, CONSTRUCTION, REHABILITATION AND PROPERTY MAINTENANCE, CHAPTER 46, ADMINISTRATION, CHAPTER 52, RESOURCE PROTECTION STANDARDS, CHAPTER 54, SUBDIVISION STANDARDS, CHAPTER 56, SUPPLEMENTAL STANDARDS, AND CHAPTER 58, ZONING OF APPENDIX "A" FEES AND CHARGES SCHEDULE OF THE CODE OF ORDINANCES, CITY OF NAPLES, FLORIDA FOR THE PURPOSE OF INCREASING BUILDING PERMIT, PLAN REVIEW, PLAN REVISION, INSPECTION FEES AND PLANNING AND ZONING PETITION FEES; PROVIDING FOR CODIFICATION; CONFLICTS; SEVERABILITY; CORRECTION OF SCRIVENER’S ERROR; CONSTRUCTION; PUBLICATION; AND AN EFFECTIVE DATE. City Attorney Matthew McConnell read the title. City Manager Gary Young recalled that fee updates were considered during the prior year’s budget meeting and explained that the proposed ordinance includes increases for building permits, plan reviews, plan revisions, and inspections. Planning Director Erica Martin noted that the Planning Department fees had not been increased since 2019. She added that a review of fees in other municipalities showed that the City’s fees had become outdated and were lower than those in the jurisdictions analyzed. She stated that the proposed minimum petition fee would start at $1,000, explaining that this increase is intended to offset staff time. Director of Building Services Stephen Beckman stated that Building Department fees are derived from permits and are intended to offset staff time. He noted that most of the Building Department fees were last updated in 2018, while some were as far back as 2008. Following a discussion on methods for reviewing and adjusting fees in the future, Planning Director Martin stated that a review every two to three years would be ideal. Director Beckman noted that the City’s Finance Department had conducted fee studies for his department in the past and expressed a desire to continue that practice. City Manager Young suggested bi-annual fee reviews be part of the budgeting process. A brief discussion ensued regarding potential conflicts with Senate Bill 250 (SB 250) that could arise if fees are increased. City Attorney McConnell opined that raising fees to cover costs is not a land use matter, which is restricted by SB 250. MOTION by Petrunoff to APPPROVE ITEM 15.B AT FIRST READING with direction to staff to review bi-annually consistent with the budgetary process; seconded by Penniman and unanimously carried; all members present and voting (Petrunoff-yes, Hutchison-yes, Christman-yes, Barton- yes, Kramer-yes, Penniman-yes, Heitmann-yes). Agenda Memorandum Ordinance Building Department Fee Increase Projection Planning Budget Fee and Revenue Projection 16) SECOND READING ORDINANCES 16.A) AN ORDINANCE OF THE CITY OF NAPLES, FLORIDA, PROVIDING FOR REPEAL OF ORDINANCE 2023-15040 WHICH AMENDED CHAPTER 58, ZONING, ARTICLE II, ZONING DISTRICTS, DIVISION 27 - PD PLANNED DEVELOPMENT DISTRICT OF THE CITY OF NAPLES, CODE OF ORDINANCES TO AMEND THE REGULATIONS FOR PLANNED DEVELOPMENTS AND WHICH APPROVED TEXT AMENDMENT 22-T7; PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY, CORRECTION OF SCRIVENER’S ERROR, CONSTRUCTION, PUBLICATION, AND AN EFFECTIVE DATE. City Attorney Matthew McConnell read the title. Mayor Heitmann voiced opposition to repealing the four ordinances, stressing their significance in safeguarding property rights of the community

City Council Regular Meeting – February 5, 2025 – 8:36 a.m. 11 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. from state overreach. Council Member Kramer recommended repealing the four ordinances and developing resiliency legislation before Senate Bill 250 (SB 250) sunsets in 2026. City Attorney McConnell provided a review of the rationale that led to the approval of repealing the four ordinances at First Reading during the January 15, 2025, City Council meeting. He recalled that he presented City Council with two options: 1) review each ordinance to evaluate whether they were more burdensome and therefore non-compliant with SB 250, or 2) remove the four ordinances and reinstate the previous Code language, which staff had been following since the passage of SB 250. He noted that City Council directed him to pursue the latter option. Council Member Petrunoff suggested notating in Municode that the four Ordinances are suspended and not being enforced at that time and are to be reinstituted when SB 250 expires. City Clerk Patricia Rambosk stated that discussions with Municode had begun to determine a way to notate in the Code which sections were not being enforced. However, she explained that once it became clear that City Council was prepared to repeal the ordinances conflicting with SB 250, those efforts ended. Council Member Barton suggested directing the City Attorney to draft new ordinances that focus on resiliency while remaining in compliance with SB 250. Council Member Christman expressed his belief that SB 250 was enacted with Naples specifically in mind and warned that failing to rescind the four ordinances could violate the law and potentially invite additional legislative actions targeting the City. Additionally, he noted that SB 250 mandates that any removed ordinances must undergo the standard approval process if reintroduced in the future; they cannot simply be reinstated. Mayor Heitmann remarked that a former City Attorney had determined the four ordinances conflicted with SB 250 and suggested allowing the current City Attorney to make his own assessment. She maintained that the ordinances were sound legislation focused on resiliency and were neither overly restrictive nor burdensome. In response, Council Member Kramer asserted that the ordinances did not directly address resiliency and recommended redrafting them with that focus. Mayor Heitmann instead proposed reviewing each ordinance individually and eliminating only the sections deemed burdensome. Council Member Barton countered that the former City Attorney had already evaluated the ordinances and advocated for their removal, suggesting the City should move forward with drafting improved legislation. In light of recent natural disasters in other parts of the country, Vice Mayor Hutchison warned of the dangers facing citizens if action is not taken. He stressed that placing blame on the State after a disaster occurs would not be a productive solution. He urged for a proactive approach to enacting resiliency measures. Public Comment: Donna Dabney, an Officer and Director of the Olde Naples Association, stated that overdevelopment is a major concern for her neighbors. She expressed support for the four land use ordinances under discussion and criticized the City's inconsistent approach to enforcing or disregarding ordinances. She suggested keeping the four ordinances on the books but marking them as suspended until SB 250 expires. Janet Ferry, questioned the extent to which the City must comply with SB 250. She suggested allowing the City Attorney to review the four ordinances and determine if they conflict with SB 250. Additionally, she supported the idea of marking the ordinances as suspended in the Code. City Attorney McConnell warned that City Council’s previous decision not to enforce the ordinances could be interpreted as an admission of guilt if the City is sued for noncompliance with SB 250. He explained that SB 250 dictates that even if the four ordinances remain in the Code, they would need to be re-adopted after SB 250 expires as they were determined to be void ab initio. He urged City Council to rescind the ordinances to ensure greater transparency and clarity in the Code.

City Council Regular Meeting – February 5, 2025 – 8:36 a.m. 12 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. Council Member Petrunoff expressed the opinion that the City has not been consistent in determining what is considered more restrictive and burdensome. She and Council Member Penniman shared support for keeping the four ordinances in the Code and marking them as suspended. Council Member Petrunoff suggested that the ordinances could be evaluated during the interim until SB 250 expires. Council Member Christman expressed the opinion that adding the word "resiliency" to an ordinance would not inherently make it less burdensome and restrictive. He maintained that two of the four ordinances had nothing to do with resiliency. MOTION by Kramer to ADOPT Item 16.A; seconded by Barton and FAILED 3- 4; all members present and voting (Barton-yes, Penniman-no, Christman- yes, Petrunoff-no, Kramer-yes, Hutchison-no, Heitmann-no). Agenda Memorandum Ordinance 2023-15040 Ordinance - Planned Developments Opinion SB 250 Interpretation SB250 Memo May 3 2024 September 16, 2024 Meeting Minutes Business Impact Estimate 16.B) AN ORDINANCE OF THE CITY OF NAPLES, FLORIDA, PROVIDING FOR REPEAL OF ORDINANCE 2023-15041 WHICH AMENDED CHAPTER 54, SUBDIVISION STANDARDS, ARTICLE I, IN GENERAL, OF THE CITY OF NAPLES, CODE OF ORDINANCES TO AMEND THE LOT SPLIT AND MINOR SUBDIVISION REGULATIONS AND TO PROVIDE REGULATIONS FOR THE COMBINATION OF SINGLE FAMILY LOTS AND WHICH APPROVED TEXT AMENDMENT 22-T8; PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY, CORRECTION OF SCRIVENER’S ERROR, CONSTRUCTION, PUBLICATION, AND AN EFFECTIVE DATE. City Attorney Matthew McConnell read the title. City Manager Gary Young stated that if City Council decided to keep the four ordinances in the Code, he would need time to consult with City Attorney McConnell to determine a path forward. City Attorney McConnell said he would need direction from City Council before moving forward on the four ordinances. Council Member Kramer asked Council Members if they would accept the advice of the City Attorney, even if he stated that City Council actions were in violation of SB 250. Council Member Penniman asked if the word “suspend’ could be substituted for the word ‘rescind” in the title of the ordinance. In response, Council Member Christman said the four ordinances are currently suspended, and the purpose of the discussion is to decide to rescind them. Council Member Barton expressed objection to enforcing the four ordinances that were deemed in violation of SB 250. City Attorney McConnell noted that it would be difficult to legally defend the City if it chose to move forward with not repealing the four ordinances. He said he would be willing to make determinations on the four ordinances if directed by City Council to do so. MOTION by Kramer to ADOPT Item 16.B; seconded by Barton and FAILED 3- 4; all members present and voting (Hutchison-no, Penniman-no, Christman- yes, Barton-yes, Kramer-yes, Petrunoff-no, Heitmann-no). Agenda Memorandum Ordinance 2023-15041 Ordinance - Lot Combinations Opinion - SB 250 Interpretation SB250 Memo May 3 2024 September 16, 2024 Meeting Minutes Business Impact Estimate 16.C) AN ORDINANCE OF THE CITY OF NAPLES, FLORIDA, PROVIDING FOR REPEAL OF ORDINANCE 2023-15048 WHICH AMENDED THE SITE PLAN REVIEW REGULATIONS

City Council Regular Meeting – February 5, 2025 – 8:36 a.m. 13 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. OF THE CITY OF NAPLES AS PROPOSED IN TEXT AMENDMENT 22-T9 AND SECTION 46-33 (SITE PLAN REVIEW) OF ARTICLE II - ADMINISTRATIVE PROCEDURES, CHAPTER 46 - ADMINISTRATION, PROCEDURES AND ENFORCEMENT, OF THE CODE OF ORDINANCES, CITY OF NAPLES, PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY, CORRECTION OF SCRIVENER’S ERROR, CONSTRUCTION, PUBLICATION, AND AN EFFECTIVE DATE. City Attorney Matthew McConnell read the title. MOTION by Kramer to ADOPT Item 16.C; seconded by Barton and FAILED 3- 4; all members present and voting (Penniman-no, Kramer-yes, Hutchison-no, Christman-yes, Barton-yes, Petrunoff-no, Heitmann-no). Agenda Memorandum Ordinance 2023-15048 Ordinance - Site Plans Opinion - SB 250 Interpretation SB250 Memo May 3 2024 September 16, 2024 Meeting Minutes Business Impact Estimate 16.D) AN ORDINANCE OF THE CITY OF NAPLES, FLORIDA, PROVIDING FOR REPEAL OF ORDINANCE 2023-15082 WHICH AMENDED LOT COVERAGE REGULATIONS FOR SINGLE FAMILY RESIDENCES CONSTRUCTED IN MULTIFAMILY DISTRICTS AND CHAPTER 58, ZONING, ARTICLE II, ZONING DISTRICTS, DIVISION 9 - R3-6 MULTIFAMILY DISTRICT, SECTION 58-270, MAXIMUM LOT COVERAGE BY ALL BUILDINGS, DIVISION 10 - R3-12 MULTIFAMILY DISTRICT, SECTION 58-300, MAXIMUM LOT COVERAGE BY ALL BUILDINGS, DIVISION 11 - R3T-12 MULTIFAMILY DISTRICT, SECTION 58-330, MAXIMUM LOT COVERAGE BY ALL BUILDINGS, DIVISION 12 - R3-15 MULTIFAMILY DISTRICT, SECTION 58-360, MAXIMUM LOT COVERAGE BY ALL BUILDINGS, DIVISION 13 - R3-15 MULTIFAMILY DISTRICT, COQUINA SANDS (CS), SECTION 58-390, MAXIMUM LOT COVERAGE BY ALL BUILDINGS, DIVISION 14 - R3-15 MULTIFAMILY DISTRICT, MOORINGS (MOR), SECTION 58-420, MAXIMUM LOT COVERAGE BY ALL BUILDINGS, DIVISION 15 - R3- 18 MULTIFAMILY DISTRICT, SECTION 58-450, MAXIMUM LOT COVERAGE BY ALL BUILDINGS, DIVISION 16 - R3T-18 MULTIFAMILY DISTRICT, SECTION 58-480, MAXIMUM LOT COVERAGE BY ALL BUILDINGS, OF THE CITY OF NAPLES, CODE OF ORDINANCES; PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY, CORRECTIONS OF SCRIVENER’S ERROR, CONSTRUCTION, PUBLICATION, AND AN EFFECTIVE DATE. City Attorney Matthew McConnell read the title. MOTION by Kramer to ADOPT Item 16.D; seconded by Barton and FAILED 3-4; all members present and voting (Petrunoff-no, Kramer-yes, Hutchison- no, Penniman-no, Christman-yes, Barton-yes, Heitmann-no). City Manager Gary Young asked City Council if it still wanted him and City Attorney Matthew McConnell to review the four ordinances, despite the decision not to repeal them. In response, Vice Mayor Hutchison suggested directing the City Attorney and City Manager to: 1) propose an alternative to the word “repeal” in the titles of the four ordinances; 2) revise the language in each ordinance to strengthen the City’s position; and 3) advise City Council on how to enforce the ordinances as soon as possible while maintaining a position of strength. Council Members Barton and Christman suggested that the City Attorney first evaluate the four ordinances as they relate to SB 250 before proceeding with any revisions. Council Member Kramer deemed the exercise futile if Council Members disregard the City Attorney’s advice. Council Member Petrunoff agreed that allowing the City Attorney to review the four ordinances would be beneficial. She also expressed concern that the ordinances currently being followed by the City do not reflect in the Code as being suspended and asked if the City Clerk could continue investigating how to address that issue. In response, City Clerk Patricia Rambosk stated that regardless of how or where a notation is placed in the code, it would be difficult for the public to find the disclosure. . In addition,

City Council Regular Meeting – February 5, 2025 – 8:36 a.m. 14 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. she asked for guidance on specific language that should accompany ordinances that are not being enforced. City Attorney McConnell asked City Council how it wanted the legal interpretations to be presented, emphasizing that written comments and memos would be used in litigation if the City chose to enforce the existing four ordinances. In response, Council Member Christman suggested that providing written responses would ensure greater transparency. Council Member Petrunoff noted that the County is enforcing codes that are more burdensome and suggested that the City investigate how they are implementing and upholding those regulations. Agenda Memorandum Ordinance 2023-15082 Ordinance - Lot Coverage for SF in MF District Opinion - SB 250 Interpretation SB250 Memo May 3 2024 September 16, 2024 Meeting Minutes Business Impact Estimate 16.E) ORDINANCE 2025-15545 – AN ORDINANCE OF THE CITY OF NAPLES, FLORIDA, AMENDING THE CITY OF NAPLES CODE OF ORDINANCES, CHAPTER 29, ARTICLE III, GENERAL RETIREMENT SYSTEM; AMENDING DIVISION 3, SECTION 29-130, DEFERRED RETIREMENT OPTION PLAN (DROP), TO PROVIDE FOR A MAXIMUM EIGHT (8) YEARS OF DROP PARTICIPATION; DIRECTING THE CITY CLERK TO FILE A COPY OF THIS ORDINANCE WITH THE FLORIDA DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF RETIREMENT; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; AND PROVIDING AN EFFECTIVE DATE. City Attorney Matthew McConnell read the title. MOTION by Penniman to APOPT ORDINANCE 2025-15545; seconded by Barton and carried 6-1, all members present and voting (Kramer-yes, Christman-yes, Petrunoff-yes, Barton-yes, Hutchison-no, Penniman-yes, Heitmann-yes). Agenda Memorandum Ordinance 2020-14443 Ordinance Letter from Foster and Foster Business Impact Estimate 17) PUBLIC COMMENTS None. 18) COMMUNICATIONS FROM MAYOR, CITY COUNCIL, AND STAFF Council Member Penniman requested an update on the possibility of eliminating one of the two Design Review Board (DRB) reviews in its approval process. In response, City Manager Gary Young stated that the issue would be placed on an upcoming agenda after he completes discussions with the Planning Director and the City Attorney. Council Member Barton inquired about the City’s role in approving flood panels. In response, City Manager Young stated that flood panels could impact the City’s insurance status and that time is needed to study the issue. Director of Building Services Stephen Beckman added that installation of unpermitted flood panels has recently increased in the City, and he has been reviewing the Code to determine the best approval process. Citing safety concerns, he stated that the Florida Department of Environmental Protection (FDEP) ordered the City to prohibit flood panels. However, after discussions, a compromise has been reached with conditions. He expressed the opinion that in some cases, flood panels fail to protect homes or businesses from flooding and can sometimes cause more damage than if they were not used. Council Member Petrunoff explained that flood panels can add pressure to structures during floods, potentially increasing the risk of damage. She also noted that some suppliers had falsely informed residents that

City Council Regular Meeting – February 5, 2025 – 8:36 a.m. 15 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. permits were not required for flood panels. In addition, she expressed concern that flood panels, as well as sandbags, could hinder egress during flood events. Citing the upcoming hurricane season, Council Members urged Director Beckman to provide the public with clear guidance before March 1st. Council Member Christman congratulated City Attorney Matthew McConnell for drafting an improved version of the City Manager's contract, noting its greater clarity compared to the previous template. Additionally, Council Member Christman thanked City Manager Young for making concessions and changes in his contract that were advantageous for the City. Council Member Kramer expressed the opinion that discussions about the potential purchase of workforce housing in the River Park East neighborhood should be held during Community Redevelopment Agency meetings rather than City Council meetings. He also emphasized that creating resiliency and workforce housing in River Park East are not mutually exclusive issues. Recalling a request from an earlier public speaker, Council Member Petrunoff asked if the City would be willing to waive the $600 fee for an upcoming educational event sponsored by the Greater Naples Leadership scheduled to take place at the Norris Community Center. She noted that the organization benefits the City by grooming leaders for various positions throughout the area, including City boards and committees. Council Members expressed caution about waiving fees for select organizations, citing concerns that it could create a slippery slope, leading to similar multiple requests. City Manager Young expressed the opinion that if the event served as a direct benefit to the City, then a waiver of the fee may be warranted. Council Member Petrunoff suggested a review of fee waivers in the City. Council Member Christman claimed that fee waivers should only be offered to organizations when the City is a partner at an event. Council Member Petrunoff expressed concern regarding noise abatement actions announced by the Naples Airport Authority (NAA), which were presented as effective measures. However, she claimed these measures were not as effective as suggested. In response to three aircraft accidents in the past year, she advocated for implementing safety measures that would discourage post-curfew flights. To help reduce jet noise, she requested that the City Attorney explore options for enforcing the City’s Noise Ordinances for aircraft. Consensus to direct the City Attorney to explore the viability of having the City’s Noise Ordinance apply to the Naples Airport. Council Member Petrunoff expressed concern regarding conflicting reports on whether the River Park East canals have been dredged and the mangroves trimmed. In response, Council Member Kramer noted that while the canals may have been dredged in the middle where boats traverse, the edges could still be littered with debris. Council Member Petrunoff addressed complaints about strong odors seemingly coming from the Naples Wastewater Plant near River Park East. She suggested an investigation as to whether recent work done in the area created a leak into the water supply. In response, Mayor Heitmann said odors have been present for a long time in that area and appear to be more pungent at certain times of the day. Council Member Petrunoff stated that flooding in homes often occurs when water rises through the sewage lines. She mentioned that some residents have installed sewage backflow valves as a preventive measure against flooding. Council Member Petrunoff said condominium associations have been developing plans to protect electric vehicles with lithium batteries during flood events. She stated that she intends to gather the most effective strategies and share them among the groups to promote best practices. Vice Mayor Hutchison used an electronic presentation to highlight deteriorating wiring pedestals located in the public rights-of-way, primarily owned by cable and communication providers. He

City Council Regular Meeting – February 5, 2025 – 8:36 a.m. 16 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. requested that the City Manager engage with the franchise holders to identify poorly maintained equipment and arrange for repairs. Additionally, he asked the City Attorney to review the franchise agreements and make amendments to better protect the interests of residents. Vice Mayor Hutchison spoke about recent local aircraft accidents and expressed concern over the increased safety risks associated with air traffic at Naples Airport. He emphasized the need for a thorough review of safety measures to mitigate potential hazards. He requested that an item be placed on an upcoming agenda directing the NAA to provide City Council and the public with information on the causes of the recent spike in crashes, as well as other airport safety and security issues. Mayor Heitmann said the she and City Manager Young recently met with members of the NAA to discuss safety issues. She noted that the NAA had not yet received reports back regarding the recent aircraft accidents. She said discussions were held about airport issues, including securing the airport parking lot to eliminate after curfew parking at the airport. City Manager Young said City Attorney McConnell and the NAA attorney have been in communication regarding issues discussed during the November 7, 2024 Joint City Council and NAA Workshop meeting. Council Member Barton recalled that he asked the NAA during the Joint Workshop meeting if there was a way to use safety as a lever to reduce the frequency of flights at the Naples Airport. Mayor Heitmann spoke about allowing residents to fill lakes to increase resiliency. In addition, she received from Stephen Beckman, Director of Building Services, an update on the status of the storm repairs needed at the Stillwater Cove Apartments (formerly known as Gordon River Apartments) before the property can receive final permitting approval. 19) ADJOURNMENT 4:42 p.m. ____________________________ Teresa Lee Heitmann, Mayor ________________________________ Patricia L. Rambosk, City Clerk Meeting clerked by: ________________________________ Jessica R. Rosenberg, Deputy City Clerk Minutes prepared by: David Horton, Administrative Assistant Minutes Approved: 3/5/2025.