We're ready. >> Good afternoon, your honor. Can you hear us? Good afternoon, your honor. Can you hear us? >> Yeah, camera was right there. >> Thank you. Good.
All right. Can you hear me? >> Yes, we can hear you and we can see you. >> Oh, good. >> We might have a little bit of chop on our We're having a a tornado here. Or at least we're in a tornado warning. >> I don't know. >> I haven't seen a tornado, but it's we've got some nasty weather.
>> Um >> All right. Is everybody ready on that end? >> Yes, sir. We are. >> All right. Let's go ahead then and we'll bring this proceeding to order. This is the uh Fort Myers Beach special magistrate hearing uh scheduled for uh Thursday, May 7, 2026. We're getting
started at 2:00 p.m. as scheduled. I believe we have the one special set case on the agenda um this afternoon. Um and I think we could probably get right to that. Are there any preliminary matters that we need to attend to before we
>> before we start hearing the case? just to get everybody sworn in for the record. >> All right. Who Who else is going to be testifying? >> Um, Michael, >> the cameras view to the public view, please. So, magistrate can see who's in
the public. >> All right. I can see folks sitting down. Uh, and I know that uh officer house will testify. Is there anybody else there in the audience who's going to give testimony? >> We do have a staff member. >> And if you all would raise your right
hands for me, please. Do you swear or testimony? You'll give be the truth, the whole truth, and nothing but the truth. >> Yes, your honor. >> Yes, your honor. >> Very good. And uh Officer Houseman, then if you'd like to proceed. >> Yes. This is a um status hearing for 151
Myar Street, case 2025 1060. Danny Lewis Thomas and Carol Gene Thomas. This matter before the special magistrate is a continued case for a status hearing for determination of compliance and possession of fines and certification of lean. My name is Michael Howerman, code compliance manager with the town of Fort
Myers Beach. As a short background, the violation case was heard on December 4th, 2025 and continued to January 6, 2026. After the close of the January 6, 2026 hearing, but before the special magistrate entered an order on January
27th, 26, Miss Thomas requested a reopening of the hearing which was denied. Miss Thomas then timely requested a rehearing which was denied and announced at the April 7th, 26 special magistrate hearing. The staff hearing um was continued to a date
certain of May 7th to allow for time for the town and Mrs. Thomas to further address the matter and to allow Mrs. Thomas' new attorney time to review the matter. Um the special magistrate did deny the request to reopen the hearing thereafter finding entering a
findings effects conclusion of law order on January 27th 2026. For today's hearing, I'm presenting to your honor and um the owner's attorney documents identified as exhibits A, B, C, D, and E, which includes my affidavit
of non-compliance and affidavits from Georgina Sid and deputy director for community services and Kelly um town flood planes manager and Tracy Rasi, code enforcement coordinator, um regarding um permit searches and
communication searches. The May 4th inspections were performed following the April 17th, 2026 hearing, sorry, meeting with the town manager, deputy town manager, town attorney, and myself, Miss Thomas, Miss Thomas' attorney, and two planning consultants.
Since that time, the town has not been contacted by Miss Thomas, her attorney or are the planning consultants since that meeting. I performed final update this morning. Update search this morning. See if any permits had been filed for and did not find any in the system.
Your January 27 26 order band mandated compliance within 60 days from the date of the order, i.e. March 28th, 2026. And despite subsequent hearings and meetings, the property still remains non-compliant as shown in the documents presented at
today's hearing. The town is seeking the imposition of fines and amount on $250 a day from March 28th, 2026 until compliance is obtained and the original administrative costs an amount of $250. As of May 7th, fines in the amount of
$9,750 for 40 39 days of non-compliance and administrative costs in the amount of $250 have been assessed. Town is further requesting authorization to record today's order in the public records with respect to fines and fees imposed. It
shall constitute a lean against the property on which the violation exists and upon any real or personal property owned by the respondents. That concludes my presentation at this time. >> All right. Um and uh let me get the appearance on record here uh for the
respondents attorney. >> Good afternoon, Magistrate. Zachary Liatru, attorney at Wretzel and Andress representing the time. >> I'm sorry, I can't hear you. I think your mic might be off. >> Testing. >> Can you hear me, sir?
>> I'm still not hearing you. He can just >> Good afternoon, magistrate. >> Afternoon. >> Uh, Zachary Libertrew, attorney at Wretzel and Andress, representing the Thomas'. >> Could you spell your last name again? I know you've done this before for me.
L I E B E T R E U. >> And did you have any questions for uh Officer Herman? >> Uh just have a a short statement I'd like to read for you. >> Go ahead. >> Thank you. Uh at our last hearing together on April 7th, uh we had agreed
to a 30-day continuence. Uh that continuence was in order to conduct a meeting with the town to discuss the after-the-act permitting as a method to permit the improvements on the property. Uh at that meeting, the town, the Thomas', myself, uh and the Thomas'
architect and permitting agent, uh who is recently retained, uh all attended that meeting. The meeting was productive. Uh we discussed what we would need to to include in our permit application. I'd like to thank Miss Stupriitch for her time there and based
on that uh meeting we have prepared um most of the documents we need for the permitting submitt. Uh we have the permit plans and drawings. Uh I do have drafts of them. I have printed them out. Uh if your honor would like to see them, maybe we can arrange that uh somehow. Uh
so the permit will be uh submitted in a matter of days. Uh, all that being said, we are requesting a 60-day continuence to allow for the permit submittal uh and review and approval from the town. At that point, we'd be happy to come back and update you on our progress.
>> Is the uh are the respondents in uh seeking to uh come into compliance by uh essentially getting all of the all of the uh the work and construction permitted? >> Uh yes, your honor. as opposed to removing it and restoring
it to the last lawful condition, you're opting to get all the after the fact permits. >> Yes, your honor. >> All right. >> And let me just ask officer Howerman or the town is um what is what's your understanding of
this the the status of the respondent's efforts in that regard? >> Um we'll note for the record they did attend the meeting um since the last hearing and um discuss multiple options. Um I was not aware of the um permit information till today's hearing. Um as
of today nothing has been applied for for that permit. Um this has been I guess that answers your question on that. >> All right. So at this point the town hasn't reviewed the nothing's been
submitted. So the town hasn't reviewed what it is the respondents are proposing to do in the permits. >> Correct your honor? >> All right. Is that your understanding as well? loop. >> Uh yes, your honor. They haven't reviewed uh the specific plans that we have uh drafted out, but the I guess the
general concepts were discussed on that April 17th call. >> And by uh by continuance, what what what is it that you want me to continue this uh this hearing to a later date? Um defer ruling on the imposition
of fines or certifying a lean. What specifically is it that you're asking? >> Yeah. So, a I guess a continuence on the um the compliance hearing and as well the
imposition of the fines. I >> mean, in terms of compliance, I it sounds like there's no dispute that at least as we sit here today, the property is not in compliance. >> Yes, your honor. Uh it's the I guess so
a continuence on the imposition of fines based on a finding of continued non-compliance. All right. Well, are you asking that uh that fines not be imposed starting from the March 28th
post compliance deadline uh period or to not enter an order to that effect until some later date. I guess what I'm saying is that the the the way the the the order the order of violation was written, the the fines
would start running uh back to March 28th, the day after the compliance deadline if by the time the status quo the property is not in compliance. Um there there's some language in the order providing some discretion to look at evidence of
substantial compliance that might uh um bear on whether to defer imposing the fines uh or adjust them and so forth. I guess I'm I'm trying to get a sense of how substantial the efforts are at this
point. Obviously, you told me that the respondents have taken steps towards getting permit applications on file. I guess they're not on file yet. Um uh do you have any any kind of assurance at this point, Mr. Lan, that what you're
going to submit is likely going to be approved or not? >> Uh based on our discussions, uh this this should be approved. um if it's it is in compliance with the after the-act
peritting standards uh FEMA regulations uh prefer you know Florida building codes so yes this this should be accepted if submitted >> did the town want to we on that I see we've got >> Go ahead
>> um what I was going to say is I was not part of that meeting so I'm not sure uh what was corresponded during that but from a flood plane standpoint I would be doing the view and I would be doing the approval or rejection, but I was not part of that meeting to determine what he's proposing or what was discussed um
is allowable for the ground floor. >> And can I get your name again for the record? >> Yes, it's Kelly K E L L I and the last name is De Federicius D E F as in Frank. E D E R I C I S as in Sam.
>> All right, Miss Fericious. And um so you haven't seen anything yet, >> correct? >> What's the the town's position on the respondent's request to essentially continue this review hearing and reconvene it in in
30 or 60 days? >> It would be at your honor's discretion. We would just note that the case discussions on this property have been going on for over a year and this has been in front of your honor since December of last last year. >> All right. Well, let uh let's do this.
I'll I'll receive the county's exhibits and evidence. I don't think there's any dis today's exhibits. I don't there's any dispute that the property as we sit here today is not in compliance. Um I'll I'll accept Mr. leadersh's representations that the respondents are
have have made these steps in our how how close to filing the applications are you this week? >> Uh they they should be filed by end of this week or early next week. >> So you think within a few business days at the latest you'll have it filed?
>> Yes, your honor. >> All right. I mean, based on that representation, I'm willing to continue this uh this status review hearing for 60 days without prejudice, however, to the town's again seeking to run those
fines retroactive to March 28. Other words, I'm not deciding today whether or not to adjust that. Um, I mean the the fines have acrewed unless u u otherwise ordered to uh is it $9,750 at this
point, Mr. Officer Houseman? >> Correct, your honor. >> And they're continuing to crew $250 a day. That doesn't mean they can't be mitigated or adjusted after compliance. Um but uh my my ruling to continue the final hearing is is is not uh uh at this
time a ruling that those fines haven't acred and will continue to acrew. I'll take that issue up again in 60 days and and reassess based on where we are. I I would like for uh obviously for the town to have an opportunity to review what it is you're proposing and uh of course if
in 60 days you've made substantial progress or even brought the property into compliance then then the uh the picture will be will be different than it is today. But I don't see any real prejudice at at the moment to the town in in moving the status conference uh
back another 60 days based on the representation that respondents are about to file uh permit applications to bring the property into compliance. So uh uh I I'll grant the the request to that extent but again without register
the town's seeking the uh the fines back to March 28 as originally ordered. Um, is there anything else Mr. Law that you wanted to add? >> No, your honor. That's all. Thank you, >> Officer Helman. Anything else?
>> Not this time, your honor. >> All right. So, so again, so it's clear we'll come back in 60 days, have another status review of the matter. The fines are continuing to acrue, although uh at the moment I'll defer entering an order
uh establishing them or certifying a lean. I'll take that up again in in in 60 days. But uh but the fines are running based on the order of violation. So it is imperative, Mr. Lieberman, that you're your that the respondents do
continue to press forward with this with, you know, with all diligence. >> Yes, your honor. Thank you. >> All right. Anything else from the town? >> No, your honor. >> I don't know what's going on with my camera. I'm really not moving around like that.
I'm having some kind of a you know some kind of interference here. >> All right. Um anything else, Mr. Liitro? >> No, your honor. >> All right. So, I'll get an order out on this and uh uh you know, hopefully in 60 days there will have been some
significant progress. Uh that would that would certainly be to everyone's benefit. All right. Anything else before we adjourn? >> No, you are. We're all set. Stay safe. >> Thanks for coming in then. We'll see you next time. >> Thank you. >> Thank you.