I can't see you all yet. >> I believe we are live now. >> How about >> now? >> Okay, great. >> Excellent. All right. Uh, everyone's ready on that end. >> Yes. >> Yes, we are. >> All right. Let's go ahead then and we'll
call this proceeding to order. This is the Fort Myers town of Fort Myers Beach special magistrate hearing. uh for Tuesday, April 7, 2026. We're getting underway as scheduled at 9:00 a.m. My name is John Van Lanningham and I am the town's uh special interest for code
compliance. I'll be conducting today's hearings. Uh before we begin with the cases scheduled to be heard today, we have a couple of preliminary items to attend to. The first is going to be the approval of the minutes from the March
3rd, 2026 meeting. Are there any objections to the approval of those minutes? >> No objection. >> All right. Hearing none. Without objection, those minutes are approved. Uh we do have an announcement to place on the record regarding uh case number
20251060. Um and did you want to read that into the record? >> The um first um item A under violation cases um we're requesting a continuence. It's case 2026 0177
3 Papita Street >> continue. All right. Uh let's continue to the next >> months here. >> Okay. >> I believe he's referring to the announcement. >> Yes. We can we can start with the
continuence. I saw that. But I do want to make sure we get the announcement placed on the record since we do have that schedule. >> Okay. That'd be agenda item A 20251060 public hearing to announce entry of order and denial a motion for rehearing. Um
there's myself and witness would have to be sworn in. >> All right. That all we need to do on the item A I think is announce the ruling. Is that right? I know we have that status update coming up as well. >> Correct, your honor.
Um, your honor, for the record, my name is Nancy Stuprich and I have the honor of serving as the town attorney for the town of Fort Myers Beach. Um, yes. Uh, the first item on your agenda today is simply an announcement of a um order
that had been rendered by you. um find the date of that was rendered on February the 26th of um 2026 and that is a order denying the motion for rehearing. Um we have present
um council for um the respondents and uh he and I have been in communication. I don't know if he if your honor would allow him to make some comments on the record or not. Um, for the record, the town agrees with your your ruling in
this matter. Um, which um after today would then begin the uh the period of appeal um of whatever um findings of fact, conclusions of law and order uh that was rendered. And uh you know, basically,
your honor, the town really would just like to get this case resolved one way or another. Um, also on your agenda today, um, there is a status hearing on this particular property and we can fully advise the court of what actions we're aware of that have been taken.
>> So, we can either uh go straight to that, the status conference. Uh, I know we we do have the continuance that should just take a moment here. Um, why why don't we just uh button that one up? We can move right on into the uh the
other case. Um, so on the U case number 20260177, the the the request there is to continue the case until next month. >> Yes, your honor. Um, they are in agreement with the enforcement officer to have it in compliance before the next
hearing. >> All right. So I I'll grant that continuous move that to the uh to the may to the May agenda and then I think that only leaves this uh the u the Thomas case and uh why don't we go ahead
and get into that. >> So this will be item C. >> So this will be item C on the agenda. I'm I'm sorry. Status update. Fort Myers be case 2025 1060. Danny Lewis and Carol Jean Thomas. Property address 151 Miram
Mar Street. Um, work without permits. Plumbing non-compliance with the code. I'm code enforcement manager Michael Howerman. Um, I just need to be sworn in for the record. >> Mr. Hman, if you'd raise your right hand, please. Do you swear? The testimony you're about to give will be the truth, the whole truth, and nothing
but the truth. >> I do. >> You may proceed. This case was heard before the special magistrate on December 4th, 2025 and continued and a continuence was granted to January 6 of 26. Um after the close of the January 6
hearing. Um but before special magistrate entered an order, Miss Thomas requested a reopening of the hearing. The town filed a response to that request. Following that, special master issued an order denying the request to reopen the hearing and therefore
thereafter filed an order of findings of fact and conclusion of law on January 27th, 2026. The January 27th 26 order mandated compliance in 60 days from the date of the order which would be March 27th of 26 and scheduled a status hearing for
April 7, 2026 today at this hearing. The order also provided for the imposition of fine in the event compliance was not achieved for the amount of $250 a day plus administrative costs. Prior to the staff's hearing on April 7th, Miss Thomas attorney filed a
motion for reharing. The town responded and the special master issued an order denying that motion. Um we just heard the um announcement of that order at today's hearing. On March 30th, 2026, an imposition, an inspection
of the property was performed and no evidence of compliance was visible um both in the record or at the property. In addition, the town's community devel development director, assistant director, and floodplay manager um did a permit communication and records check
and filed affidavits that they were um not in compliance. On April 6, a further inspection was conducted of the record in the property. no visible compliance was achieved. Um and again the town's assistant community development director and flood plan
manager filed affidavits um for communication and permit records check um and did not note compliance or significant efforts towards compliance at this time. The town has had um two meetings since the last hearing um with um town
officials to discuss the situation. Um at those hearings, no effort e efforts were found and no compliance was achieved at those meetings and they would have been on January 26 and March 27th of 26.
At this time I have not had access to the interior of the structure to confirm compliance or non-compliance, but there is no visible evidence from the exterior or on permits on record. And at this time I'll wrestle at the
>> um your honor, we have also come to um understand and know that um since those activities um that the property owner, the Thomas', they have retained new council. And so because of that, the
town is agreeable to a uh continuence of this matter to allow the new council the opportunity to really get into the case and um hopefully work with the town to try to resolve it and bring it into compliance. Um so we would not be
opposed to um any type of continuence. Right. Let me hear from uh the uh respondent's council. >> Good morning, magistrate. Uh my name is Zach. My name is Zachary Lieru. I'm an attorney at Wretzel and Andress representing the property owners of 151
Myiar. I read >> Can I get your last name again? I I didn't catch it. >> Yeah. Uh Liebbitru. L I E B T R EU. Should I be sworn in as well?
>> Are you going to testify? >> Uh, I was just going to present a few background facts. >> Let Let me ask you this first. Did you have any questions for Officer House? >> Uh, no, I did not. >> All right. I mean, I'm happy to swear you in if you're going to testify. Um,
if you're just going to relate facts as an attorney, that's Do you want Are you going to testify? That's fine. >> Okay. No, your honor. I think I can proceed. >> Okay. >> Okay. Uh, so I've recently taken over this matter from a previous attorney at our firm, uh, Miss Amy Tabau. She has
retired. Uh, since taking over the file, I've been actively working towards a final resolution of this matter, working with town staff, and then, uh, Miss Stuperich, town attorney. I'd like to thank her for her time speaking with me and also speaking with the town staff,
uh, to find a solution. So, all that being said, you know, we are in agreement with a 30-day continuence to allow time to have a meeting uh more meetings with town staff and the town attorney uh to have a much better idea what needs to be done for compliance.
And at that time in 30 days, you know, we'll come back, give you a progress report and hopefully have uh a plan laid out for a solution to this matter. >> All right. And uh um let me ask you all this question both of you. Um uh
well number one the the continuence I I I don't believe would have any effect on the time for taking an appeal. Um at least I wouldn't anticipate that to be the case or put language of that effect in the order. Are are you all in agreement with that? >> Yes, your honor.
>> Okay. And um uh I mean whatever effect it has, it has legally speaking. I I wouldn't expect to make a ruling on it one way or the other. I don't think it would affect it, but um just just so that's out there. And then uh secondly, with respect to the uh the compliance date
and the accumulation of daily fines. Um are you all agreeing to anything in uh visa v the continuence about that? We're just going to defer any decision as to uh when if ever fines would start to the next meeting.
>> Um your honor, we would be um fine deferring any type of imposition of fine or certification of the lean until that time. Um as you are aware, you've been through a lot of these cases that are related to flood. The town's intent is not to be punitive to the property
owners, but really to assist them in coming into compliance uh with our flood codes, which then keeps the town in compliance with our uh responsibilities under the National Flood Insurance Program. So, we were perfectly fine with
deferring that. Um hopefully we'll have some good dialogue and um be able to come to some type of resolution of this uh before your next meeting. >> All right. What I would expect to do then and uh Mr. leave it to you. You let
me know if this is u consistent with what you all are seeking. But I would uh just uh continue this cleanly without any substant comment regarding any of the issues. And then the next time uh we meet uh if it's necessary to to uh look
at the uh the issue of uh you know ordering non-compliance and establishing the the running of the fines. I do have language in the original order providing for that review conference to be an opportunity to examine the compliance
efforts and and other circumstances as grounds for you know potentially adjusting the start date or you know adjusting the fine to account for that. Um so I would that's the way it seems to me is probably the best way to proceed.
But let me just hear from you since you all kind of talking about how to do this. Mr. Leave it to. Do you have any any response? >> I I think the process as you've laid it out is is correct and and what we will do. >> All right. So, I'm not going I'm just going to continue the case. I'm not going to reset compliance deadlines or
make any other substantive decision of the case. We'll just revisit everything uh uh as if this meeting today hadn't occurred other than, you know, you all will bring me up to date then the next time we're together as to what's transpired in the intervening. >> Yes. >> 30 days. Is it 30 days is what you what
you're asking for? >> Yes, your honor. And um based on the certificate of service on your order of continuence, we would hope that we're not obligated to uh to renotice. It's my understanding we don't have to. However, just to keep the record clearing
the Thomas' of the continuence. I mean the order of continue should have the the the reset or the res the correct hearing. >> Yes, >> that should be >> I agree. Thank you.
>> Mr. Lum did you have anything anything else? >> Uh Miss Okay. >> Yeah. Miss Stupich. >> Yes. Um did you want to to set a date or did you want to just continue and then
we reset the date internally? >> So I believe your honor um there was discussion regarding May the the 7th May 7th. Is that correct? Because I believe um >> Mr. and I can't pronounce your last name although you did a great job on my last
name. I appreciate that. Um, I think he has a conflict on the 6th and we were wondering if your honor had time on the 7th. Um, we don't anticipate it would be a very lengthy hearing. Um, >> oh, you just pulled up my calendar here.
So, the next looks like the next regular schedule for these cases is May 5th. Um, yeah, May 5th is when we're continuing the a use case too and that's what I go to
my calendar but so you want to do it on May 7th >> your honor and we're looking at May 7th in the afternoon as town council has an MMP meeting in the morning >> yeah I can do that >> oh thank you so much your honor um it is subject of course to your availability
but um we're trying to to work with everybody's schedule internally here >> you don't do you don't have a time yet or just May 7th sometime in the afternoon >> um a time certain would be preferred. >> 2:00. >> Two o'clock. 2:00 is
>> that works. If that works for you as well, your honor. >> Okay, >> that's fine. >> Yeah, we'll just uh so the order of continuence then we'll uh special set this one for May 7th at 2 p.m. And uh
and we'll we'll we'll hear it we'll hear it separate like that. >> Thank you, your honor. Yep. >> Thank you. Anything else that we need on this one? >> Not at this time. No.
>> All right. Very good. Well, >> is that uh is that all we had today? >> Yes, your honor. >> Okay. Um well, very good. Um so, we just have the two then orders of continuence to issue. I've got a a uh
I guess you've already sent me a draft order for the for the one case and I'll just draw one up for the second case and get these uh get these back out to you um sometime later today. >> Thank you, your honor. >> And uh so before we adjourn then, is
there anything else that we should uh we should attend to? >> No, your honor. >> All right. Well, thank you very much. I'll get these orders out to you for issuance. And uh with that, we're adjourned. I'll see you next month.
>> Thank you, your honor. >> You