All right. Good morning, everyone. We're going to call this meeting to order. Today is Monday, October 6, 2025. It is 9:00 a.m. All council members are present, including town manager, deputy town manager, uh, town attorney, and town clerk. If you'll please rise for the, uh, invitation followed by the
pledge of allegiance. be with us today as we ask your hand of blessing on this meeting. As we consider and take actions today, help us arrive at decisions that are thoughtful, respectful, and well informed. Thank you for the solemn honor of serving the public in our roles and continue to
bless all those fortunate fortunate enough to live here, work here, or visit here. Amen. >> No flag. >> No flag. missing the flag. >> It's okay. >> Anyway, >> here. Someone pull one up on their phone or something.
>> How are we missing the flag? >> Where did our flag go? >> We'll just put one on the phone. >> Can't we just pledge? >> I don't know. I've I've never been in this position. There we go. All right. Here's a one over here. All right. I pledge allegiance to the flag of the
United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. >> If it was there. If it was there. >> Well, let's hope the meeting goes a
little better than that today. >> All right. Right. Next, we have the approval of the final agenda. Um, we do have an updated ordinance uh or resolution for the school board or the school district issue. If anyone out there, we just got it this morning. If
anyone needs it, they can reach out to the town clerk. She can Is it on? >> It is. Um, mayor, it is um under town attorney items, item C. >> Thank you for that. Are there any other changes to the final
agenda? >> Move to approve the final agenda. >> All right. Got a motion by councelor King. >> Second. >> Second by councelor Woodson. Any further discussion? All those in favor signify by saying I. >> I. >> Opposed. Hearing none. That motion
carries unanimously. Next is public comment. Madam clerk. >> I have a couple sign Oops. Sorry. I have a couple signed up. First up is Michelle Churnney. After Michelle will be Joyce Sullivan. >> Good morning, council. Good morning, Mayor.
>> Good morning. >> I'm Michelle Tene. I've served on board cap for the last year. And I'm here today to ask to continue serving. I'm at Bay Oaks almost every day, as they all know. Um, I play pickle ball. I talk with residents. I learn. I listen. And believe me, when they find out you're in
Borcap, they give you feedback. So, I want to take a moment and say this is the feedback we have. The gym, we've got to get it open after hours and weekends. the pickup ball layout. Um, we were all excited to get four courts. The court challenged and the courts changed in their layout. Um, I beg us to look at
the uh current layout and move it back to the original one. The pool, sad to say, I heard it again. We didn't get enough bids. This is an issue we continuously have. We don't get bids. It's a pool. We live in Florida. Everyone wants this pool opened. We need
to get sun protection out on the gym that's out in the sterile. We live in Florida with the sun. We've got to get some type of protection over that. Um, and we need to find ways to get additional funding. We need to look at the dues. I've benchmarked other facilities and there is opportunity with
fees. We need to look at them again, especially with our current budget restraints. Um, I'd like a recommendation from the staff. Will, thank you for attending our last meeting. I think all advisory boards should come in front of you at least quarterly, maybe bianually, and give
updates of what we hear and make sure that that whole connection of what's happening happens. So, I'd like to put that request into you. Um, my biggest accomplishment this year, I'm proud to announce that the friends of Bay Oaks is back up and running with the support and help of Karen. She's been on board cap
for many years. She's also on Lover's Key, friends of Lover's Key. But as of last week, we officially have a board with a lot of experience and we will soon have 18,000 over $18,000 in our checking account as soon as we get the check back from the town. So, we are
very excited. You're going to start seeing we've got marketing, we've got financial people on there, and we're going to be up and running. So, we're excited about that. Um, in closing, I love this community. Um, and I volunteer wherever I can, whether it's beautifification, helping with the egg hunt, and I hope I can continue to help
on board cap. Thanks for your time. >> Thanks, Michelle. >> Um, Joy Sullivan, after Joy will be Jane Plameumber. >> Wow, that was a hard act to follow. Um, thank you. This is Joyce Sullivan. Thank you for the opportunity to serve on the Bays Advisory Board. As some of you
know, I'm an active participant. pickle ball, softball, exercise classes, and I think I can represent a segment of the island community. Even though an advisory does not have decisionmaking responsibilities, I think we can offer a user point of view to staff. I encourage
the Bay staff to use the advisory board for input into the future of Bay Oaks. I also ask that you approve my appointment to the board and Michelle. Thank you. I think should >> Jane plumber and after Jane will be
Anita Sarasa. >> Hi. Um, thank you for allowing me to speak today. Well, good morning council. Um, I just want to say that I have loved being on the LPA. it. I may be the longest one serving, but I really have gained a lot
of knowledge and the time and the history that I have put in has helped me in my business, in my understanding of what goes on in this town and how much I love serving. Um, I do think the count the LPA that we have right now has been
the best LPA that we've ever had. I think they function well. We all have differences of opinions. We come in with an open mind and we all work well together. I would really like to ask that you reappoint the board that um has all put in their applications to um be
reappointed. Thank you, >> Anita Sarasa. And then that's all I have signed up. >> You have to push the button on the mic. >> Nope, just push it. >> Thank goodness. Good morning, council. Uh I'm Anita Sarasita for the record and
I have reapplied for the LPA and I ask for your consideration but that's not what I wish to speak about. Um I want to kind of elaborate on what Jane just said and it is the quality, the expertise and the excellence of the LPA members. Um I have had the good fortune or as Amy just
said the solemn honor of service. I loved that prayer Amy. Um to serve on many boards including this council. uh I don't think I have ever been a part of such an extraordinary group. Their life
expertise that they bring I'm excluding myself from this so I'm not bragging on myself. I'm talking about somebody like Jim Dunlap or Jim Bowen or Jane Plameumber or Don Sudith or uh Doug Ecman. Uh these folks are or or John
Mlan. They bring to the table their life experience. They bring to the table their preparation. Every single one of them are prepared for those meetings. They come with count with with questions, but they come equally with an open mind.
I've I've never worked with a group that I admire and respect more. And it has been my solemn honor to serve with them. I hope I get to continue, but if I don't, it was extraordinary. Um, the other thing that I want to point out
about this board is their compassion for the residents that come before us for variances, for special exceptions, for whatever they need. When they come before us, there's a certain amount of anxiety and apprehension. As you all know, as you've all seen, people get
nervous standing up here talking. There are very few people who like to do it like I do. and and uh and the compassion that this board shows for those folks is um is really a step above. So I thank you very much and um I'd appreciate your
consideration today. >> Thanks Nita. >> That's all I have signed up. Pat, >> good morning. Pavaness, uh, resident and, um, resident with children on this island
that have, uh, gone through beach school and both had a great experience. They and, um, we we all love the beach school, uh, the kids, the families. So, I'm here today to speak in favor of the resolution that's going to be before you
to start legal action uh or mediation with the school board with regards to the interlocal agreement. Um I was part of the ad hoc committee that negotiated uh the reopening of the school after Ian. I can tell you that 100% I feel
that they are in breach of contract. they have not met their obligations and also they have not treated us fairly and negotiated in good faith. Um and that's evidenced uh most recently by um FEMA
money that they requested to rebuild our school. It is clearly earmarked for our school. it has been used elsewhere and they have provided no evidence that they requested FEMA to use those funds elsewhere. So I think um we've put in
our time. We have negotiated in good faith on our end and this is the right time to take legal action. Thank you. >> Thank you Patrick. Anyone else care to speak public? Come on up. >> Good morning. Welcome back.
>> Thank you 99 Andre Mah. Can I speak on the Beach Baptist Church? >> Do you want if you want your comments to be on record for that public hearing, then you'd want to speak during that public comment. You're welcome to speak both, but okay. >> If you want a part of the record, you
would have to do that during the hearing. >> Okay. Just as a I and a butter. I live on 99 Unre, which is a steroid butt right next to the property. Um, >> you pull that mic up for us just so we can they can hear you. Pull the mic up just a little bit. >> Okay. Anyways, um, I just want to sit
there and say I really have no objection to the to the project in general. Um, I do see where they sent out information to us that the setbacks were going to be 7 feet on all sides. Um, they had a section on building setbacks
and I thought they were supposed to be 10 feet. They're putting up, you know, 12 houses in here. and they're going to kind of squeeze them together. And I wish I could get seven feet living next door. Um these setbacks, you know, we all deal with
them, I guess, as we're sitting here trying to rebuild, but I just want to sit there and bring it up to everyone's notice that 7 ft's a little small for the town, which demands 10. >> Thank you. >> Thank you.
>> Is there anyone else that would like to speak in public comment? Seeing none, we'll close public comment. Next is local achievements and recognitions. Councelor King, start with you. >> I have nothing. >> Vice M. >> Well, I wasn't going to say anything,
but Patrick brought up a sensitive issue and it's on the agenda for much later today. So, we'll probably lose a lot of our audience by the time it comes up. And I would just say uh under the attorney items uh there is a proposed resolution uh beginning the litigation
if you will the nicer word is mediation process with Lee County School District. And I would just say uh if I could respectfully to the Lee County Superintendent of Public Schools, you know, really is this necessary?
We have met in good faith since right after the storm for the last three years. We had a established a decent working relationship with the ILA. Hurricane Milton hit
and it's been and it it it feels as if all of our input has fallen on deaf ears since then. Uh the kids are obviously not back at the school. There's no plan to have them back at the school. There's no plan for the school. I would just say
uh respectfully to our Lee County superintendent, the school board members, the elected schoolboard members, many of whom have been very helpful to us, but the administration, for whatever reason, uh sort of fails to appreciate what this school means to Fort Myers Beach. They fail to
appreciate that Fort Myers Beach is, and I say this in a very positive way, is the playground for all of Lee County. Uh we don't have a toll to come to our beach. We have 30ome public access uh uh opportunities for our beach. Uh we
I don't want to say gleefully put up with the traffic, but we suffer the traffic, but we understand and are welcoming to our visitors. Many of the uh folks in Lee County utilize our beaches and and we're thankful for that. We generate a lot of revenue for Lee
County. The people of Lee County, I believe, are good people. They've seen what Fort Myers Beach has been through over the last three years. They've seen it firsthand. Many of them experienced similar impacts and I think they've got a heart for Fort Myers Beach. So there's I I don't we cannot understand the
downside for you to help us. The revenue we generate will more than cover whatever costs are to to rebuild here on Fort Myers Beach. We've demonstrated that we can boost our enrollment. We've done everything you've asked in the ILA, but yet our pleas fall on deaf deaf
ears. I would just say again respectfully to the superintendent, please lead or follow the elected school board and get out of the way. We need your help. We need our school back. Thank you,
>> Councelor Woodson. I have nothing ex >> I have nothing except very well said Vice Mayor Adhold. >> Thank you, >> Councelor Safford. >> Ditto. >> Yeah, you're much nicer than I would
have been, but I'm glad you said it, not me for now. >> Fair enough. >> Uh, all right. That'll take us to our advisory committee items and reports. Our first is the local planning agency. We have four members uh that are
applying for three positions. Does you need Amy? >> Mayor, may I say something? Absolutely. Before we start this and Jason's getting in there with the pilot. Um on October 22nd, we're going to hold an all committee sunshine law and public records training and it will be here in
council chambers from 10 to noon. Um once again, that is October 22nd. >> And that's for all committ >> That's for all committees all at the same time. Okay. >> We will record it. We will broadcast it, too. So, >> all right. >> Okay.
>> Waiting on Jason. >> He's ready. >> There we go. >> And you should have had ballots in your >> We do. Do you Why would you want us to wait for Jason or go ahead? >> He's ready. >> Oh, he's ready. >> Yep. >> Oh, okay. So, he wants us to fill these
out, give them back to you then. >> Yes, please. >> Got it. >> Just the LPA. >> And thank you again for all four of you for putting your name in. We've got uh it's nice when we have four highly qualified candidates that want to serve on such an important board.
Thank you. Ready, Jason? Okay. All right. Um, this is Mayor Allers. This is for James Bowen, Anita Sarracea, and Jane Plamer. Um, John King is James Bowen, Jane
Plameumber, and Edward Skunover. Karen Woodson, James Bowen, Jane Plamer, and Edward Skoonover. Uh, Vice Mayor Adder Halt, James Bowen, Anita Sarasa, Jane Plamer,
and Scott Safford, James Bowen, Anita Sarasitta, and Jane Plameumber. Okay, so with five votes is James Bowen. Anita Sarasa has three votes and Jane Plamer has five. So those look like your
top three. Edward Skunover received two. >> All right. Well, congratulations to those three. Um, thank you, Ed, for for putting your name in for that. Uh, do you want us to do the waiver? We do do or do them all at the end for the people that would need the waiver to be on more
than one board. >> Um, it's at your discretion. However, if we could go ahead and take a vote on the appointment for the LPA. >> Okay. >> And then we don't have to come back to that. >> Okay. Are there is there a motion to approve the results that have been written?
>> So moved. >> Got it. Thank you, John. >> Uh I will second. Any further discussion? You want roll call or do you want? >> No, please. >> Roll call. Okay. Councelor King. >> Hi. >> Mayor Allison. I. Vice Mayor Adhalt. >> Hi. >> Councelor Woodson. >> Hi. >> And councelor Safford.
>> Hi. Motion carries unanimously. We'll just do the waiverss at the end. That's okay. Just make it simpler. Okay. In case there's more than one. Next is the Anchorage Advisory Committee. There are two people on for three positions. Uh Chris King and Ed Skoonover.
Not a lot of suspense on this one. >> Get my steps in. >> Sorry. Sorry. Okay. Mayor Allers, uh, Chris King and Ed Skunover. Scott Safford, Chris King and Ed Skunover. Karen Woodson, Chris King and Ed
Skunover. John King, Chris King and Ed Skunover. And Vice Mayor Adder Halt, Chris King and Ed Skunover. So with a vote of five each, it would be Chris King and Ed Skunover. >> All right. Is there a motion to certify
the results uh announced? >> Huh? >> And a point >> and a point. >> So move. >> Okay. I'll second >> so I can go home tonight. >> And the meeting ain't over yet. John got a motion by councelor King, seconded by
Mayor Allers. Any further discussion? Councelor King. I >> I'm an I, Vice Mayor Adhalt. >> I councelor Woodson. >> Hi, >> Councelor Sapper. Hi. >> Motion carries unanimously. >> Next is the audit committee. There are two names for three positions. Barbara
Puffer and Maryanne Sheiley. Hope I didn't butcher your first name. The suspense continues. Okay. Mayor Allers is Barbara Puffer and Maryanne Sheiley. John King, Barbara
Puffer, Maryanne Sheileely. Uh, Vice Mayor Ederhol, Barbara Puffer, Maryanne Sheileely. Karen Woodson, Barbara Puffer, Maryanne Sheileley, and Scott Safford, Barbara Puffer, and Maryanne Sheileely.
Is there a motion to approve and appoint? >> Certify. >> Certify and What do you want me to say? Certify and what? >> Appoint. >> Certify and appoint. >> So move. >> All right. Councelor King, make the motion. I'll second. >> Any further discussion? Councelor King. >> I. >> I'm an I. Vice Mayor.
>> Hi. >> Councelor Woodson. >> Hi. >> Councelor Saffer. Five. The motion carries unanimously. Next is Bayoks Bork Cab, Bay Oaks Recreational Camp campus advisory board. There are five names for five open seats. Michelle Churnney,
Barbara Hill, Rick Lowry, an NE, and Joyce Sullivan. Okay. Mayor Allers, Michelle Churnney, Barbara Hill, Rick Lowry, Anne Nef, and Joyce Sullivan. Scott Safford, Michelle Churnney,
Barbara Hill, Rick Lowry, Annne Ne, and Joyce Sullivan. Karen Woodson, Michelle Churnney, Barbara Hill, Rick Lowry, Annne Ne, and Joyce Sullivan. Vice Mayor Adterholt, Michelle Churnney, Barbara Hill, Rick Lowry, Anne Ne, and
Joyce Sullivan. And John King, Michelle Churnney, Barbara Hill, Rick Lowry, Annne, and Joyce Sullivan. So with a vote of five for each of the candidates, they're all >> right. First, >> is there a motion to certify and appoint
the members selected for Borcab? >> I'll move that. Mayor, >> I'll second. >> Motion by councelor King, seconded by councelor Woodson. Any further discussion? Councelor King. >> I. >> Councelor Woodson. >> I. >> Councelor Safford. >> Hi. >> Vice Mayh. >> Hi. >> And I'm an I as well. That motion carries unanimously.
>> Next we have CellC. There are uh five members applying for four spots. Francis Davey, Natalie Dator Salaz, hope I didn't butcher your last name. Ellen Bond, Rebecca Warner, and Lori Wolf.
Guess I need to fold it. Okay. Mayor Allers, Natalie Delore, Salas, Ellen Vaughn, Rebecca Wernern, and Lorie Wolf. John King. Um, Ellen Vaughn, Rebecca
Wernern, and Lorie Wolf. Karen Woodson, Francis Davyy, Ellen Vaughn, Rebecca Wernern, and Lorie Wolf, Vice Mayor Adder Halt, Francis Davey, Natalie Delore, Sales, Ellen Vaughn,
Rebecca Wernern, and Scott Safford, Natalie Dela Torres, Sales, Ellen Vaughn, Rebecca Werner, and Lorie Wolf. Okay. So, with a vote of five each, it would be Ellen Vaughn and Rebecca
Werner, then Lori Wolf with four votes, Natalie Dela Torres Sales with three votes, and Francis Davyy with two. So, it' be Miss uh Sales, Helen Vaughn, Rebecca Werner, and Lorie Wolf. >> All right. Is there a motion to certify
and appoint the members selected for cellcap? >> So move. >> A motion by councelor. >> Second. >> Seconded by councelor safford. Any further discussion? >> Councelor King. >> Hi. >> Councelor Safford. >> I. >> Councelor Woodson. >> Hi. >> Vice Mayor Idaho. >> Hi. And >> I have an I as well. That motion carries unanimously.
Next is Murf. There are three open spots and two people applying. William Alhoff and Dave Nesbomb. >> That is a typo. >> Yeah, it is. That's why >> that's where you stumbled. >> Yes. >> Oh.
Okay. Mayor Allers is William Alto and Dave Nusbomb. Vice Mayor Adder Holt, William Alto, and Dave Nusbomb. John King, William Alto, Dave Nusbomb.
Uh Karen Woodson, William Alto, Dave Nusbomb, and Scott Safford, William Alto, and Dave Nusbomb. >> All right. Is there a motion to certify and appoint those selected for MURF? >> So move second. >> Motion by councelor Kane, seconded by
councelor Saffford. Any further discussion? Councelor King. >> Hi, >> Councelor Safford. >> I, >> Councelor Woodson, >> I. >> Vice Mayor Edholi. >> And I'm an I as well. That motion carries unanimously. Next is the public safety committee. There are four open seats and only one applicant, Ron
Bennett. All right. Scott Safford, Ron Bennick. Karen Woodson, Ron Bennick. Mayor Allers, Ron Bennick. Vice Mayor Adder Holt, Ron Benick, and John King, Ron Bennick.
>> All right. Is there a motion to certify and appoint Mr. Bennick to the public safety committee? >> So move, mayor. >> Second. >> Motion by councelor King. Second by councelor Safford. Any further discussion? Councelor King. >> Hi. >> Councelor Stafford. >> Hi. >> Councelor Woodson. >> Hi. >> Vice Mayor Dh. >> Hi.
>> And I'm an I as well. Motion carries unanimously. >> Nancy, can we do all of these since all four of them are going to need the waiver? >> Yes. Um, as long as you read all the names. Okay. Be fine. >> Uh, those appointed to more than one
advisory committee need a waiver to serve on both boards. Uh, the four names would be Anita Sarasita, Michelle Churnney, Barbara Hill, and Ed Skunover. Is there a motion to grant the waiver for all four named for the two committees? >> I'll make that motion. Mayor, >> I'll second. >> Motion by councelor King, second by
councelor Safford. Any further discussion? >> Councelor King. >> Hi. >> Councelor Safford, >> I. >> Councelor Woodson, >> I. >> Vice Mayor, >> I and I'm an I as well. That motion carries unanimously. Again, thank you all for applying and serving it. Uh it means a lot to all of us. We've all been in a lot of those seats, so we
appreciate your time to to to to donate. Next is the approval of the minutes from the town council meeting September 24th, 2025 and the town council budget hearing from September 24th, 20125. Are there any amendments or a motion to approve
the meeting minutes? >> Move to approve as printed. >> All right. Motion by councelor King. >> I'll second. >> Second by councelor Safford. Any further discussion? All those in favor signify by saying I. >> I opposed hearing none. That motion
carries unanimously. Next is our consent agenda. We have three items all pertaining to tropical storms or hurricanes. >> Stuff at the top. >> What? >> What about that? >> I read those. >> Oh, you didn't. Yeah. Sorry. That's never mind.
>> Yeah, that's your approval. Never mind. Yeah. Okay. >> Um the first is resolution 25-281 through 25-284 for an extension of local emergency for tropical storm Debbie. The second one is resolution 25-285 through 25-288 for the extension of
local emergency for tropical storm Helen and resolution 25-289 through 25-292 for the extension of local emergency tropical storm Milton. Is there a motion to approve the consent agenda? >> So move a motion by councelor King.
>> Second. >> Seconded by councelor Woodson. >> Any further discussion? All those in favor signify by saying I. >> I. I. opposed hearing. None. That motion carries unanimously. That brings us to our items removed from consent agenda. Nothing was removed. Next are our public
hearings. The next one, two, three, four. The next five items on our agenda are public hearings for the review of various land use requests. For the benefit of the public, please be aware that these items are quasi, judicial in nature. Our attorney will further
explain. >> Thank you, mayor. Um, and good morning everyone. Um, these, uh, land use, uh, applications that are before council today, they are quasi judicial in nature, and this requires that their public hearing comply with procedural
requirements that have been established in Florida law and in the town's land development code. So these quasi judicial proceedings, they are less formal than a proceeding before circuit court, but they are more formal than the remainder of our meeting. And we must
follow basic standards of due process that requires certain notices. Uh we must apply the correct standards uh based on our land development code and Florida law. And the decisions must be made on competent substantial evidence that's provided to the town council
either in written documents or through oral testimony. The town council will evaluate the testimony and the information for each item and draw a conclusion regarding whether the criteria in the land development code or in state law has been satisfied. So pure
speculation or opinion that is not based on competent facts cannot legally be considered by the town council in evaluating an agenda item. Testimony by professionals who have been qualified as experts in a particular area has been
considered competent evidence by Florida courts as well as testimony by neighbors and residents who have fact-based information such as minutes, surveys, engineering reports, or just testimony that is based on their personal knowledge. The town council's decision
is final. If a decision of approval is not obtained or if the tie vote vote results from a motion to approve or deny, then the matter being considered is denied unless majority of the council present in voting agree by motion before the next agenda item is called to take
some other action in lie of denial. So, if you intend to speak, members of the public um and staff, please keep these comments in mind when you come forward. Please state your name clearly for the record and whether or not you have been sworn in and your
qualifications or your interest in the matter. For purposes of efficiency, before beginning any of our public hearings, I would like to dispose of a few housekeeping items. The first is um town clerk, could you uh advise if all
items have been properly noticed pursuant to our land development code? >> Yes, they have been. >> And is there any member of the town council that has a conflict of interest that would prohibit them from voting on any of these items? Um if you could
please disclose that at this time so we can ascertain whether or not we have a quorum present to take action on that item. Councelor Safford, >> I do not. >> Councelor Woodson, >> I do have a question. Since this is one of the items items on my recall with the
pier, should I abstain because it is still in litigation? >> Well, the request is um you're not going to receive any type of benefit based on your decision today. any special benefit that is unique to you that is not shared
by any other member of the public. >> So I in my opinion I don't I don't think you have a conflict and I think you would be okay to vote on them. >> Thank you. >> Vice matter. >> None councelor K. >> No conflict. >> I do not have any.
>> Okay. Um, so at this time we would like to go ahead and anyone who intends to give testimony if you would stand and raise your right hand and our town clerk will administer an oath and that would include public com sorry that would include public comment. Um,
do you solemnly swear and affirm that the testimony that you're about to give is the truth, the whole truth and nothing but the truth? >> Yes, >> okay. Mayor, if I' I'd like to just go ahead and point out also that item F on our agenda is actually legislative
rather than quas judicial. So, we're going to be a little bit less formal um in that public hearing. >> Yep. All right. The first quas judicial item is a resolution of the town council of the town of Fort Myers Beach, Florida approving approving with conditions
denying a special exception SEZ20250208 to allow reconstruction of the pier with elevated walkways, lighting, and easy zoning district cword of the 1978 CCCL for the property located at county RW as legally recorded in plat book 9, page
nine, extension of old San Carlos Boulevard in public record of Lee County, Florida, providing for scriveners, errors, severability, and an effective date. Take it away. >> Good morning, counselors, staff. My name is Jason Smolley. I'm your senior planner with the planning and zoning
department. Before you today, as the mayor just mentioned, is the first reading before town council uh before of uh the rebuild of the pier. Uh the pier was obviously uh largely damaged and then ultimately destroyed by the storm and then following the storm um
demolition happened. The uh rebuild of it is coming back before you. Uh there are going to be some upgrades to it. I'd like to briefly go through this uh just on what the uh the high points of that are and then staff and uh county staff will be here for any questions on this
one. Uh just as a reminder, there will be a second um a second uh reading for the county after this on a different project. Uh so before you today is the rebuild of approximately a 12t wide pier uh that uh comes out to roughly 16,000
square ft is being proposed for rebuild and that's going to include three shade structures, a um a fish cleaning station and um lighting. So the the rebuild of the uh of the existing or excuse me the
rebuild of the pier will be slightly higher. It will be wider. It will be approximately 1,000 ft long. So the reason that is before you today is because the uh pier while it is uh within the jurisdiction of the county, it is ultimately their peer that it does
cross our EC. So it is within our jurisdiction and before you today is really the the request to allow for the development within that area respecting the dunes and with some conditions of approval. Um the I wanted to make uh
make sure that it was that you were aware that the LPA um had recommended that the uh condition number four in the staff report be removed. That is a request to allow them to do work during
turtle season. Uh they will be required to get all state permitting. They will have to do the monitoring that the state would require in in conjunction with Chad and our environmental regulations, but that is something that they have requested and seemingly the state will
allow them to do that. Uh we did want to mention that it will be the responsibility of the county and their contractor to ensure that they're doing the daily monitoring that is going to be required uh by the town and by the state's ultimate authority to allow them
to do this during uh turtle season. Um the the staff uh as we said at LPA uh we believe that this is in concurrence with the comprehensive plan. It's intended. They are uh they are rebuilding it to
the EC requirements that we have uh where it's making it as close to the CCCL line as possible. Obviously, this is a 1,000 foot long pier. So uh their their beginning portion will happen as close to the CCCL as possible and they have made assurances that they will work
with us and Chad as the uh dune plantings and um any sand placement has to be done during their project. As I said the applicant and there uh does have representation here but uh staff is open to any questions or comments that
you may have for us. >> Councelor Safford questions for Jason. I do not at this time. >> Council Woodson, >> not at this time. >> Vice Mayor Edho, >> good morning, Jason. >> Could you introduce your colleagues from the county this morning? >> I have not, but I I would encourage them
to uh to come on up and if they would uh like to introduce themselves uh prior to any questions that you may have. >> We we've got excellent representation from the county today. Good morning, council staff. Robert
Cody, assistant county manager, and I'll be followed up by Ehab Gurgess. >> Good morning. Ehab Gurgess, construction management director for Lee County. Good morning. I'm Chris Gash with Stantech, the engineer for the county. >> Very good. Thank you guys for coming.
>> Yeah, good morning everybody. Thank you for being here. Thank you for You brought the senior team. I appreciate that very much. Mr. Cody, if you could I think you're probably the best person to answer this. Maybe not. If feel free to defer going to ask you some pretty simple questions, but I think they're helpful for the record. >> Hold on. face. Mayor, if you don't mind,
let's let's make sure we don't have I don't think you guys were sworn in. I didn't see you stand up. So, I'm going to have you get sworn in. I didn't see you stand up. I figured you probably should just in case. >> Okay. If you'll raise your right hand. Do you solemnly swear that the testimony
you're about to give is the truth, the whole truth, and nothing but the truth? >> I do. >> Okay. >> Just before we finish, make sure that John doesn't have any questions for Jason and Jason can you want to do it? Sure. >> Okay. I'm good. >> All right. Just a formality. Just want to make sure we were done with that. Take it away.
>> Uh Mr. Cody, again, thanks for being here again this morning. You've been extremely helpful to our island over the years, and it's good to have you here this morning. Uh Mr. Cody, who made the formal or informal, who made the determination as to whether the pier would be rebuilt or not?
>> Well, the pier was never it was never considered not to be rebuilt. Um, our intent was always to bring back the pier due to the joy, the beautifification, and the positive energy that it gives to this community and our county as a whole. So, it was never considered not
to be rebuilt. >> That's a beautiful statement and I and I welcome that and appreciate that. But, but who did make that determination? Who's the formal body that makes that determination? Well, county leadership, our our commissioners, as soon as it was uh just to expound upon that for a
second, that pier was going to be rebuilt. It was just more so of how we were going to build the pier. >> But it was the Lee County Commissioners who solely were responsible for making that decision. Is that fair? >> That is not fair. >> It's a community pier. It's a county
peer. It's everyone in totality. It's a voice of the community. I would be remissed if I said it was just our commissioners. >> No, no, no, no. I don't mean it. I just meant from a legal practical standpoint. From a from a procedural standpoint, it's the Lee County Commissioners who made that decision. >> From a procedural standpoint, in my
role, our board of county commissioners and our leadership decided to build that pier. >> Who was responsible for the formal decision on the design, length, and width of the pier? >> It was community effort. It was the community. Once we decided to rebuild
the pier and we started asking what did the community want and it was many stakeholders that we received information and feedback from within Fort Myers Beach that emailed us that communicated with us that said this pier was one of the smaller peers in our state. How could we rebuild and have
that landmark pier in this community? And then when we started having conversations about rebuilding the pier, everyone's advice, everyone's knowledge and expertise were taken into consideration. It was not a sole individual. It was a truly a community effort. >> Who who ultimately made the formal
decision? >> Well, we presented the peer designs to our board. We we presented three options. >> And you say board, could you elaborate? >> Our board of county commissioners. >> Yep. >> And and they made the ultimate decision. They made the ultimate decision to recommend the length of and the widening
of that pier. >> Who made the ultimate decision to fund the rebuilding of the pier? >> Well, funding is tricky um because when we look at it, there are multiple funding elements associated with the pier. So, you have FEMA reimbursement. We actually have TDT involved and we
have some county funds. So, it it's a multiaceted approach when you look at the funding of the pier. It's not a single source. >> Appreciate that. Who who formally made that decision? who was responsible for formally making the decision with respect to the funding of the pier and how it was funded.
>> Well, that would be a difficult uh point because funding of this pier has been very difficult um outside of its original footprint to which FEMA would reimburse us for. So we had to make requests to our tourist development council for funding for that pier and
ultimately we had to understand what the total cost would be for that pier and then work through the county for funding. So it's multiaceted >> but but who made the who made the formal who cast the vote to determine the funding level for the rebuilding of the
pier? Who who was the entity that was responsible for deciding how and how much the pier was funded the rebuilding of the pier? >> You may be overthinking the question a little bit. I >> no staff makes recommendations based on what our funding allocations are.
>> And who ultimately makes the decision? Well, if we don't have funding, if the TDT would not have accepted our our item, then we would have had a fun funding shortfall, which ultimately would have taken out of consideration the cost and the rebuild of that. >> Gotcha. But again, I think what I'm just
trying to make this clear. So, the county commissioners were the ones who ultimately responsible for deciding how to to fund the the the rebuilding of the of the of the Fort Myers Beach Pier. Is that a fair characterization? >> The county commissioners approve yes the
recommendation for a funding. So staff we create what we decide of our best practices and ways to fund the project. Our county commissioners approve it. So ultimately we bring them suggestions and recommendations and they approve the item
>> and they but they have the final decide they're the final deciding authority. Is that fair? >> They are policy makers. Correct. >> Beautiful. That's all I've got. Thank you for being here this morning. >> My pleasure. Oh, hey, Mr. Cody. I I have to digress for real quick. This is way off subject, but I was in uh I was in uh
uh uh uh Sarasota this weekend and we were staying at Leo Key and they have a trolley that runs just like our trolley does here on Fort Myers Beach. It's wonderful trolley, just like our trolley is wonderful and you guys have done a great job in serving the beach. But they
have an app for their trolley that where you could literally on your phone see where the trolley is. And one of our biggest challenges here in Fort Myers Beach is for those who want to take the trolley, they're not sure if and when it's coming. And if they could have a similar app where you could actually see
where the trolley was along its route, you could then know when to hop out of the store or the bar or your condo or your home and run out to Ster Boulevard and catch that trolley and maybe save yourself waiting for 30, 45 minutes. Have you ever seen or heard of such an app that does that? I saw it. My wife's
got it on her phone. Pretty impressive. But just wanted to get your thoughts on that if I could indulge my colleagues for a second. >> No worries. Liter actually does have an app. The only difficulties would be the tram because the seasonal services in open air and we're still trying to work
to see how to uh connect the app to the tram service. But the trolleys and the fixed route, we have an app and you can actually pay through the app to utilize the services. It's readily available right now as we speak. I would advise anyone to go on to Liter website, ride
leanrand.com, and you can actually see the app, download the app. Um, I believe it's available on all platforms. The tram, we're still working on the trams because if you notice, we were able to upgrade it this past season and add a F350 to pull the trailers. So, we're
looking forward to adding two more to those next season. Um, but the tram hopefully we'll have it ready the app when season starts in November, but we're still tinkering with it. So, please don't hold me to that. >> So, on on the on the trolley app, you can actually follow the trolley and know
where exactly it is. So, if you're at Santini Plaza, you'll know, you can see it's going to be there in 5 minutes by just following it on your app. Is that how it works? >> I don't know if we have the map on there where you can tr follow the actual trolley, but it gives you the anticipated arrival times, but we're still tinkering with that as we speak.
Would you mind just taking a look at that uh that Sarasota trolley that goes out to Leo Key and St. Arman Circle and back and forth from Sarasota? Would you just take a look at that and see if there's anything there that terms of best practices that could be explored? >> Absolutely. We are always looking for ways to improve.
>> Beautiful. Beautiful. Thanks for being with us this morning. >> All right. Any questions, John? Questions for the staff? Councelor Woodson? >> I'm good. Thank you. >> Safford, >> I'm good. Thank you. >> Yeah. Thank you for all your hard work and Mr. Young, look forward to seeing
you on on Wednesday. Yes, sir. >> All right, we'll bring it back to council. Uh, sorry, public comment. Is there anyone that would like to speak in public comment on this resolution 25-276? All right, seeing none, we'll close public comment. Are there any additional
comments for rebuttal from the closing statements from the applicant? I'm guessing probably not. I will now close a public hearing and request a discussion or a motion from town council to approve. Approve with conditions or deny with reasons or a continuence to a time certain. Discussion or a motion.
I will move to approve resolution 25-276 sees 2025020208 for the fishing pier at county arro rightaway and St. Carlos uh Lee County Pier. >> I'll second. >> I got a motion by Mary. Yes, sir. Uh did
uh the request was also to remove condition number four for uh prohibition working during the turtle season. Is that also going to be part of your >> I will I will amend my motion to include that. >> Sorry. Thank you Jason for >> I'll amend my second.
>> All right. Any further discussion? >> Council uh I'm an I. Councelor Safford. >> I councelor Woodson >> I. >> Vice Mayor Ederhol. >> Hi. >> And councelor Kane. >> Hi. Motion carries unanimously. Thank you, gentlemen. Looking forward to it. Next is resolution 25-277.
This is a resolution of the town council of the town of Fort Myers Beach, Florida. Approving approving with conditions denying special exception SEZ20250217 to allow like forlike replacement of boardwalks, paper deck, sidewalk, decking, and benches in EC zoning
district seawward of the 1978 CCCL for the property located at 505850-58 Boulevard commonly referred to as strap number 24-46-23-W1-0080D. 0400 providing for script error severability and an effective date. If
any town council member has had any exparte communication to discuss or disclose, please let us know the subject discussed and the identity of the person, group or entity with whom the communication took place, any correspondence that you received or observations made of the site. Councelor Safford, >> I do not. I'm familiar with the
property, however. >> All right. Councelor Woodson, >> I have none. >> Vice Mayor, >> none. Councelor Kang, >> none. >> None as well. Jason Smallley has been qualified as an expert already by this town council based on his education and experience. Has been accepted as an expert in the field of land use planning
and development in the town of Fort Myers Beach. Are there any other individuals who would like to be qualified as an expert witness on behalf of the applicant at this time? And has the property owner or applicant seen a copy of the agenda backup materials from staff?
>> Just need a head nod. Yes. >> Yes. Okay. Go ahead, Jason. Good morning again. My name is Jason Smallley. I'm senior planner here with the planning and zoning department. Uh as the mayor had mentioned, this is the uh second county project before you today. This one is in reference to
Bowage Park. Uh this is a 17 acre park, seven of which is been uh is has been developed. Uh just to put some numbers to what the mayor had mentioned in his introduction. Uh they are requ the county is requesting 179 ft of boardwalk
be replaced approximately 1,600 square ft of pavers and decking area approximately 1370 square ft of sidewalk and 75 ft of boardwalk decking and beach access. Uh so this is for repair within the existing footprint. We we expect
that uh the uh already developed area the seven acres is the scope of the work and that the remainder of the 17 acres will stay the way that it was prior to the storm. Uh the infrastructure that is being requested to be rebuilt today did
exist prior to the storm. Uh we can confirm that through well visiting the site prior to the storm but also the aerials uh that are available to us from Lee property appraisers. So the prop uh what they have proposed is generally within the existing footprint. Uh we do expect that there will be some minor
changes just to make sure the ADA is respected and other um and other issues are brought up to current code. Now, uh again, the county has requested and uh they have been contact with Chad, our
environmental manager, and they are requesting to remove uh condition of approval number three in this staff report and this resolution. uh that was recommended for removal at LPA, but the applicant is here to discuss any
requirements or any conditions that you would uh like to put on that or or discuss today. Uh if there's any questions for staff, any concerns, we're here for that. Otherwise, the county and their staff is here for your questions. >> Okay. Councelor Stafford, any questions?
>> What specifically is is the condition number three? >> Oh, I I apologize. Uh condition number three, much like the previous peer discussion, was to remove the town's prohibition against doing work during turtle season. Uh again, the the
applicant, the county will be responsible to have any monitoring that is that is requested by either the state or through uh Chad and the environmental program. Uh they will respect that. They will work closely with him. any plantings, any new sand dunes, uh, or
any new sand filling will also be done in conjunction with with Chad. But what they're requesting is really to just, uh, go to the state and ultimately have the state allow them to do work during those, uh, protected turtle seasons. >> I know you can't speak for Chad, but uh,
is do is it your thought that that would be okay from a town perspective? >> I'll be honest with you, I have not discussed Boutic. I I've discussed the pier with him so I do I do not want to talk for him but if he felt that this was something I have no something of
concern I have no doubt that he would be here today uh making that case to you. >> I would concur. Thank you for clarification. >> Council Woodson. >> I'm good. Thank you. >> Vice Mayor >> I would be remiss since we have such a wonderful delegation from the county
here. If if you guys gentlemen would just look right behind you, you'll see a picture or a portrait of the Arches. And I was wondering if anybody here could give us an update as to how the Arches Memorial is going. >> Let's just finish with Jason. Go ahead and start coming up. But again, I just want John, you got any questions?
>> I have none. Thank you. >> All right. Thanks, Jason. Thank you. >> Good morning again. M with Lee County Parks and Recreation. I can tell you guys that we are in conversation uh with um uh the gentleman that uh is uh what
was his name again? I forget his name. >> McDonald. >> McDonald. >> McDonald. Yes. Yes. Yes. And he's uh constantly communicating with us uh month by month uh phone calls, emails. Uh so we are uh we do have a location for it. Uh we told him give us time to
uh get bounties to a certain point so we can get that location available and ready. Uh, so it will happen. So it just taken a little bit more time than we expect. >> Thank you very much. Appreciate it. >> Councelor King, any questions for Lee County staff? >> None.
>> Councelor Woodson? >> None. Thank you. >> Uh, councelor Safford? >> None. Thank you. >> All right. Public comment. Are there any members of the public who wish to comment on this matter? If so, please come forward to the podium and identify yourself, provide your address, and whether you were sworn in. Any public
comment? All right. Seeing none, I'll close public comment. I'm guessing there's no additional comments from Lee County at this time. No rebuttal statement needed. I will now close the public hearing and request a discussion or a motion from town council to approve, approve with conditions, deny with reasons, or a
continuence to a time certain. Any further discussion or motion? I'll move resolution 25-277 with the uh u restriction removed for the uh construction during t turtle sea
turtle season. Is that what you want, Jason? In there. >> Yes, sir. >> Thank you. >> All right, we got a motion by councelor King. >> I'll second. >> Seconded by councelor Safford. Any further discussion? Councelor King. >> Hi. >> Councelor Safford. >> I. >> Uh councelor Woodson. >> Hi. >> Vice Mayor Adherol. >> Hi.
>> And I'm an I as well. That motion carries unanimously. >> Mayor, it's been brought to my attention that I think we skipped over um exparte on the prior public hearing. Um and that would have been just just for purposes of recordkeeping. Um if council couldn't
make any disclosures that they need to. uh the disclosures would simply be restricted to the county and you talking about this specific item because I know over the over time there's been a lot of conversations with the county but it would only be regarding this this item
that you did approve. >> Yeah, I remember that after I we went through it. So, uh councelor Safford, have you got any exparte communications with resolution 25-276? >> I do not. >> Uh councelor Woodson, >> none.
Uh, vice may >> none. And I would just add that this is a a very recent phenomenon that this particular resolution. >> Uh, yeah, councelor King. >> Um, I don't know if it's I have had conversations with county commissioners about the pier project over the last
three years. I don't know if that's >> Yeah. No, this specific >> specific one. Okay. Then then no, I have not had any anybody >> because it's a major project for for the whole community. Okay. Thank you very much. >> Okay. Thanks for bringing us back to reality. All right, next is item C. This is a
resolution of the town council of the town of Fort Myers Beach, Florida, approving approving with conditions or denying special exception sees 20250116 to allow like forlike replacement of a tiki hut in EC zoning district seawward
of the 1978 CCCL for the property located at 6612 Astero Boulevard providing for scriveners errors severability and an effective date. If any town council members had any exparte communication to disclose, please let us know the subject discussed and the identity of the person, group, or entity
with whom the communication took place. Any correspondence that you received or observations made of the site? Councelor Safford, >> I do not. I am familiar with the property. >> Uh, councelor Woodson, >> I know the property, but no conversation. >> Vice Mayhold, >> I don't believe I've had a conversation
on this one. No. Uh, councelor Kane. >> Uh, again, familiar with the property, but I do not remember any conversations. >> Yeah, I'm also familiar with the property, but have not had any communication with with the applicant. Um, Jason Smallley has been qualified as
an expert already by this town council based on his e education and experience. Has been accepted as an expert in the field of land use planning and development in the town of Fort Myers Beach. Are there any other individuals who'd like to be qualified as an expert witness on behalf of the applicant at this time?
Dave, you're not an expert. Okay. And has the property owner applicant seen a copy of the agenda backup materials from staff? >> Yes. Okay. Go ahead, Jason. >> Good morning again. Jason Smalling, senior planner with your planning and zoning department.
As was mentioned before, uh before you today is the request to rebuild an approximately 320 square foot uh Tiki Hut, which is located just uh Seawward of the 1978 CCCL line on 6614 Eststerero
Boulevard. Uh the building address is 6612. Uh this will deal with the common element, otherwise known as 6614. uh before before you is a request to rebuild that structure. Uh we can validate that going back through Lee
Property Appraises aerials and through uh the narrative provided to us by the applicant that the structure was built in in about uh 2012. Uh we can confirm that uh between the 2011 and 2012 aerials following the storm. The structure was completely obliterated and
has been removed. Uh the applicant is coming back for you today to replace that approximately 320 square ft. Um the placement of the tiki is just seawword of the CCC the 1978 CCCL which is one of
the requirements for approval of the special exception before you today. It's to places close to the CCCL and out of uh inhibiting any of the plantings or any of the dune area. So, they are attempting to accomplish that in staff's opinion with the replacement in the in
the proposed location. Um, the applicant has not made uh any uh any effort as far as we know at this point to add any electricals or mechanicals or plumbing to it. Uh if they did, they would need to come in and get separate permitting for that. Uh that is a very specific uh
skill, but I'll leave that to the applicant as to whether or not they intend to do that. when they were at LPA, uh they seem to indicate that they would uh not be using that, that it would just be a shade and um rain protection area. Uh staff through the uh
the review of the case recommends approval. It's dimminimous. It's putting back pretty much what was there before in a location that the code calls for. If uh if the town council has any questions for staff, we're here to
answer those. Otherwise, Mr. Nusbomb and his um his team is here to answer any questions you may have of them. >> Councelor King, any questions for Jason? >> I do. Jason, I see that you have in here for condition of approval construction should not occur during sea turtle season. >> That is correct.
>> You're wanting that still in there, correct? >> Um I will defer to the applicant as to whether or not they would like to remove that. Uh again, staff doesn't necessarily have a problem with that, but that's going to be done in conjunction with Chad, and we're going to ensure that he is comfortable with
the work that's being done in there. But if you if you or the applicant would like to remove that from there, I I'm not going to push back against that. >> Thank you, Vice Mayor. >> None. Councelor Woodson, >> none. Councelor Safford, >> I just look forward to hearing what Mr.
Nusban has to say. >> All right. >> Thank you, Jason. Of >> course. Dave. Good morning, Mr. Mayor, Mr. Vice Mayor, counselors, town staff. My name is Dave Nuspam. I am president of Island Winds
Condominium Association located at 6610 Eststerero Boulevard. We consist of two 13story buildings. We were completed construction in 1978 and we consider ourselves one of the
oldest continuing operational condominiums on Fort Meyers Beach at least on the south end. Uh we represent 100 units on this island which is um equivalent to everybody on Albatross
Street and a few other homes. Uh, in 2012, as Mr. Smallley indicated, we built a tiki hut on the beach, and our tiki hut has become part of the
fabric of our condominium. We recently marked our three-year anniversary of the storm. And the three most prevalent questions that I got from the
owners were number one, are the elevators working yet? Um, number two, when is the pool going to be opened? And number three, can we rebuild our tiki hut? and that's why I'm here today. Our
tiki hut has been an altar for weddings. It's provided shade um and it's served as an area for picnics for owners throughout its existence. On Thursdays, we get
together, we pass a dish, exchange ideas, we watch a sunset, and we sing God Bless America. and we have a contest to see who can blow the con shells the longest. It happens every
Thursday, wedding, weather permitting. Um, it's part of our tradition. The Tikihad has survived storms, uh, named hurricanes, even a meteorological tsunami that occurred about 10 years
ago, it could not withstand the force Ven. So, we're coming back asking to rebuild this. This is part of our vibe, part of our culture, and that's all we want.
Staff has recommended. Please allow them. The LPA has unanimously done it, and we just we want our home back. >> Questions for Dave. Councelor King. >> Yeah, Dave, how do you feel about the uh construction should not occur during sea
turtle season? We have our contractor ready to go November 1st and in anticipation of a of an okay from council and he with uh and I forgot to introduce my property manager Tim Ryan
who is here. He has made all the arrangements. The contractor is ready to go first day after turtle season expires. We have the fireproofing per the fire marshall ready to go and we will comply
with all of the conditions that staff recommended as far as that. >> Okay. Thank you, >> Vice Mayor. Any questions for Dave? >> Uh, congratulations. No questions.
>> All right. Councelor Woodson, >> I have none. Uh, Council Staff, >> I do not. Thanks, Dave, for always being so prepared and so organized. >> Well, it's it's this was the cherry on
top of the cake that took us three years to get here. >> Very good. Thank you, sir. All right. Public comment. Are there any members of the me public who wish to comment on this matter? If so, please come forward to the podium and identifi identify
yourself, provide your address, and whether you were sworn in. Any public comment? Seeing none, I'll close public comment. No rebuttal statements, Dave? No, I'm assuming. Okay. I will now close the public hearing and request a discussion or a motion from town council to
approve, approve with conditions, or deny with reasons or a continuence to a time certain. Discussion or motion? Yes, >> Mayor. I'll go ahead and move resolution 25-278. >> I'll second. >> All right. Got a motion by Councelor King, seconded by Councelor Woodson. Any further
discussion? >> Mayor, may I ask the question? >> Yes. >> Um, so there was uh some comments possibly. I mean, they're very positive, very optimistic that things are going to go correct as far as the timeline. Um, you do have the option in your
discretion uh to allow Chad to wave that under c certain circumstances if you wanted to add that if that way if they run into some kind of delay or something unexpected comes up um they wouldn't have to come back through the process to get that waved.
>> Okay, thank you for that. I will go ahead and amend my motion then to uh to wave that as we did for the county as well. >> Excuse me. >> To authorize staff to wave it. Thank you. >> Oh, there is Chad. >> Do you want to comment on that?
>> He just walked in. >> Yeah, he doesn't know what he's walking into. Basically, just catch up. Chad is just making there was a motion just made to allow u islands island winds to move forward with their project. Should they
run into any uh unforeseen circumstances delays to allow you the discretion to allow them to work outside of turtle season based on same thing we kind of discussed with the county and the pier and boutage? >> Yeah, no worries. As long as we're uh working with FWC and get their okay,
which I don't see any issues, we will be fine. >> Okay. Thanks Chad. Got a motion by amended motion by councelor King. Councelor Woodson >> amended. Second. >> All right. Any further discussion? Councelor King. >> I. >> Councelor Woodson. >> I. >> Councelor Safford. >> Hi.
>> Vice Mayor Adderhol. >> I. >> And I'm an I as well. Motion carries unanimously. Congratulations. Thanks, guys. Next is item D. This is a quasi. This quasi judicial item is a second reading and public hearing on proposed ordinance 25-15.
This is an ordinance of the town of Fort Myers Beach, Florida, approving approving with conditions denying an application to reszone property located at 138140 Delmare Avenue, generally identified as strap number 1 19-46-24-W3-100B.0150 0150
Fort Myers Beach from residential conservation to residential plan development to allow construction of a two-story duplex above flood elevation and deviation from section 34-638D2 of the land development code to allow a porch and stoop to encroach 15 ft into
the 25 ft street setback where a maximum encroachment of 10 ft is permitted for accessory uses providing for clarification is ne necessary providing for conflicts of law scrier's errors and severability. If any town council member is had any exparte communication to disclose, please let us know the subject
discussed and the identity of the person, group of entities with whom the communication took place, any correspondence that you received or observations made of the site. Councelor Kane, >> none. >> Vice Mayor, >> none. >> Councelor Woodson, >> none. >> And councelor Zford, >> none. >> And I have not any as well. Jason Green
has been qualified as an expert already by this town council and based on his education and experience has been accepted as an expert in the field of land use planning and development in the town of Fort Myers Beach. Are there any other individuals who would like to be qualified as an expert witness on behalf of the applicant at this time?
All right, seeing none. Uh, is the property owner here? Okay. Have you seen a Have you seen a prop have you seen a copy of the backup agenda material from staff >> backup? Have you seen the agenda? Have you seen the agenda material? >> Oh, yes.
>> Okay. Go ahead, Jason. >> Uh, thank you, mayor. Uh, Jason Green, community development. Uh, 138140 Delmare Avenue uh is a resoning to RPD residential plan development. Uh, it is uh this is the process required uh due
to the applicant's wishes to rebuild in the post- disaster uh requirements of our code and comp plan require the RPD process if they want to increase square footage of the unit. Uh the staff reports outline the findings and um conclusions as required by LDC section
34-85 and 34-216. Uh there are recommendation of three conditions of approval and staff's findings and recommendations include that it finds it um consistent with those sections I previously mentioned and uh consistent with those or those
conditions make it consist excuse me consistent. Um, and yes, this is the second reading, right? >> Yes. >> Second reading for approval. >> So, if you have any questions, I'd be happy to answer them. >> Councelor King, do you any questions for Jason? >> I do not. >> Vice Mayor Hold.
>> None. >> Councelor Safford. >> Oh, sorry. >> For the record, there's been no changes since the first reading. Is that correct? >> Correct. >> Okay. Thank you. >> Councelor Woodson, >> I have none. >> I do not have any either. >> Clear. >> Thanks, Jason. All right. Applicant, would you like to come up and say
anything? Come up to the Well, kind of uh just >> hold on a second till you get to the microphone. Got to identify come to the microphone and identify yourself. >> Yeah. Hi, thank you. Uh yeah, my name is Scott Fear. I'm the Okay. >> I am the uh owner of that property
and uh it's just a side note of what I wanted to bring up after the approval process regarding the permit pricing. Should I do that now or >> uh the applicant wants to ask for a
waiver to the fees for the application? >> It appears it's a commercial permitting when we first applied for it and we just like to get it down to the standard residential permit fees. >> Nancy, >> so this is the second this is the second
reading in the middle of a um quasi judicial hearing. um you can make the request and it can come through staff to the town manager and then uh based on what the town manager decides it would then come back. So they really they're
not in a position right now to give you an answer on that. >> Okay. >> Um but you can apply for it. >> Gotcha. I wasn't sure if this was the place or not. Okay. >> All right. Thank you though for consideration. Yeah. Appreciate it. >> Just hold on a second. Jason or John,
you got any questions for the applicant? I do not. >> Vice Mayor, >> none. >> Councelor Woodson, >> none. >> Councelor Saffer, >> I do not. >> Thank you, sir. Uh, you can sit down. You don't unless you want to stand there. It's up to you. >> I don't mind. I'm going to
>> All right. We'll now open up for public comment. Uh, are there any members of the public who wish to comment on this matter? If so, please come forward to the podium and identify yourself, provide your address, and whether you were sworn in. Any public comment? All right, seeing none, I'll close
public comment. Uh, does the applicant have any other anything else you'd like to say? >> No. >> No. >> Okay. I will now close the public hearing and request a discussion or a motion from town council to approve. Approve with conditions, deny with reasons, or a continuence to a time
certain. Discussion or a motion. >> Mayor, um, I hate to interrupt. However, um when you read the title, I did not hear the the last part of it and because this is second reading and because we have advertised it, if I may, um with
your permission ask the clerk to simply read the title one once one more time in its entirety based on the advertising that was done. >> Yeah, I thought I read the entire thing, but if you feel I missed something, please do. >> You stopped after severability, but I don't know. We'll read it.
>> Feel free to reread it. Okay. Okay. Um, ordinance 2515, an ordinance of the town of Fort Myers Beach, Florida, approving approving with conditions denying an application to reszone property located at 1381 140 Delmare Avenue. generally
identified as strap number 1 9-46-24-W3-0100B 1 or 0150 Fort Myers Beach from residential conservation to residential plan development to allow construction of a two-story duplex above flood elevation
and a deviation from section 34638D2 of the land development code to allow a porch and stoop to encroach 15 ft into the 25- ft street setback where a maximum encroachment of 10 ft is permitted for accessory uses providing
for clarification is necessary providing for conflicts of law scriveners errors severability and providing for an effective date. >> All right. Thank you, >> Mayor. I'll go ahead and move ordinance 25-15. I will second it as uh conditioned by
staff. Any further discussion? Councelor King. >> I >> I'm an I. Vice Mayor >> I. >> Councelor Woodson >> I. >> And councelor Safford. >> I. >> That motion carries unanimously. Next is item E. This is a quasi judicial
item. Is a first reading and public hearing on proposed ordinance 25-17. If if approved at first reading, a second reading and final adoption hearing will be scheduled for November 3rd, 2025 at 9:00 am or at another time identified by town council. This is an
ordinance of the town of Fort Myers Beach, Florida, approving or denying a home rule development agreement for property located at 110 to 130 Connecticut Street, parcel 1 and 134138 Connecticut Street, parcel 2, Fort Myers
Beach, Florida. Strap numbers 29-46-24-W1-0000151.000010 and 29-46-24-W1-0000151.001A and owned by First Baptist Church of Fort Meyers, Inc. as authorized by section 2-100 of the town's land development code and in compliance with the procedure for the application and
approval of development agreements with deviations set forth in resolution number 24-73 and amended by resolution 24-247 for the purpose of redevelopment of the parcels one and two to allow rebuilding a church facility and 12 single family
homes providing for terms and conditions including but not limited to the identification of the proposed use of of the property, a finding of consistency with the town of Fort Myers Beach comprehensive plan, commitments and development obligations, deviations needed for development, providing for
other clarifications as necessary, providing for conflicts of law, scrier's errors, severability, and providing for an effective date. If any town council member has had any exparte communication to disclose, please let us know the subject discussed and the identity of the person, group or entity with whom
the communication took place, any correspondence that you received or observations made of the site. Council Safford, >> I do not. >> Council Woodson, >> I do not. >> Vice Mayor D, I have had uh
conversations on and off with the applicants uh since this project first originated. uh it's hard to to to law to draw lines of demarcation as this pro this project has evolved. So I would just disclose that I've certainly been to the site many many times and I've
also uh particularly post Hurricane Ian uh when they did so much work for the community and I also spent some time uh at the church and meeting with the various folks again not so much recently but just over the last three years.
Councelor King. >> Again, I um I guess I'll piggy back on what the vice mayor said. I haven't had anything about this current proposal. >> Yeah. I haven't had any recent conversations, but have been to the site many times and had conversations about
this site as it has evolved through its iterations to get to this point. Uh Jason Green has been qualified as an expert area by this town council and based on his education and experience has been accepted as an expert in the field of land use planning and
development in the town of Fort Myers Beach. Are there any other individuals who would like to be qualified as an expert witness on behalf of the applicant at this time? >> Yes, sir. Neil Montgomery for the record. I'm the attorney. I'm an expert in land use planning. I have been a land
use attorney since uh before the city or the town incorporated. I first encountered Jason in Dotto County which is a while ago. And with me is Jennifer Sapen who's an expert in planning and Jonathan Thomas who's an expert in development and Jonathan um missed being
sworn in so he needs to be sworn in. >> All right, please stand up sir. Clerk will swear you in. >> You raise your right hand. Sorry. If you raise your right hand, do you swear or affirm that the testimony you're about to give is the truth, the whole truth, and nothing but the truth?
>> I do. >> Mayor, um, may each may I ask if each of the experts would just come to the mic and again state your name in your area of expertise? >> I'm Jonathan Thomas. I'm with SJ Collins and my area of expertise is real estate
development. >> Good morning. My name is Jennifer Sapen. I'm an expert in land planning and general site planning. I have not been accepted here before, but I have been accepted in Lee, Charlotte, Collier counties, Henry Dotto, and several of the cities within. >> Okay. And just state your name again for
us, ma'am, if you would. Yeah. >> Neil Montgomery. >> All right. Is there a motion to accept Jonathan Jennifer and Neil as expert witness on behalf of the applicant at this time? >> So moved. I got a motion by Vice Mayor Adderhol.
>> I'll second. >> Seconded by councelor Woodson. Any further discussion? Councelor Vice Mayor Ederhol. >> I councelor Woodson >> I. >> Councelor Safford. >> Hi. >> Councelor King. Hi. >> And I'm as well. That motion carries unanimously. >> Mr. Mayor. Yes sir. >> Just a parliamentary inquiry. Uh madame
town attorney just for just the public who who is watching this. >> Is the applicant a bifurcated situation? In other words, do we have the developer of the property up front and the church separate? Are they together? Is it all one project? Do you want to just sort of just sort of set the table if you will
for folks who might be watching? >> Thank you for that um for that question. So um based on our review, the current property owner is the First Baptist Church of Fort Myers Beach uh Inc. Um however, the developer is coming forward
as an agent for them. Um and I would defer to Miss Montgomery to further perhaps explain the relationship of the parties. Um, your agreement also makes reference to an additional entity as well.
Can you >> can you come up with >> Oh, did you want to do that right now? >> Yes, you can. So in the agreement um there is reference made to Fort Myers Beach BBC uh residential LLC and then there is
subsequent uh reference to uh SJ Collins Enterprises LLC and in the document itself there is an attachment or exhibit uh C that uh draws upon an excerpt from
a development agreement with SJ Collins. So if you could just clarify for the council as well as the public uh the relationship between these entities and the property owner. Yeah. So SJ Collins is our basic global
operating entity where we operate all our businesses. Fort Myers BBC is the project specific entity for this specific project that is wholly owned by SJ Collins. And then as far as our affiliation with the church, we have a relationship with them and we're working with them to redevelopment their their
parcel. >> So there's a reference to a uh that there is a pending contract, a sales contract, >> correct? >> U we don't have any idea based on the record as to when that closing is going to occur. I think they just want to know
if they were to move forward and approve this, who are they going to be working with and you know, how is this project coming together? That wasn't really crystal clear. >> So, our contract has us closing by the end of the year. That presumes we're
zoned. We have to be zoned before we can close. And then ultimately we would close build the church develop the lots and SJ Collins Fort Myers BBC which is the same is responsible for completing the project.
>> So I think NY's point we would be dealing with you not necessarily the church. >> Correct. >> Did that get you the answers that you needed Nancy? >> Yes. It hopefully it clarifies for council as well as the public. >> All right. Thank you. And I just want to add one thing. During
the LPA discussion, there was a change to the development agreement because they did want SJ Collins to be responsible for the unified water management system for both parcel one and two. >> Thank you for that clarification,
>> Jason. >> Sure. Um, I'll give it a shot. My first D here. Uh, yeah, the property in question under this development agreement, there's two parcels uh in in your draft developer agreement that's in your packet. It refers to parcel one.
Parcel one which is uh 2.05 acres. That's the front portion that will be the 12 residential single family lots. And then there's the the rear 1 acre which is referred to as parcel 2 in the draft agreement. Um which obviously will be the remaining church uh property for
that. uh in your draft agreement, there's also uh exhibits D which goes over the findings and conclusions uh from staff. Uh it reflects a lot of what's in was in the previous staff report. Um and then E has the get to it.
And then exhibit E has lists out the specific deviations requested for parcel uh parcel one. Um the change there was a change at the LPA moving forward to here which included uh previously there was a reszoning application for a portion of the property which was parcel one the front
uh and then which was uh RPD and then through that discussion with the LPA it was recommended to move forward with just the developers agreement which would cover the entire property and and be able to master control essentially this agreement over the entire property both parcels in the future.
Um so based on the the recommendation the findings under exhibit D in the agreement it identifies comprehensive plan policies and line code items uh find that the request would be consistent with those subject to conditions in the agreement being um
completed. So we can go into the details of site plans or any of the conditions or items if you would like. Um but otherwise that's recommendation and I'll lean on Nancy to help me with this process. So, so generally um because you know Jason is replacing Sarah, generally what we
ask for staff to do is just to kind of give an introduction, an overview and then the burden is of course on the applicant uh to request the the reasonzoning change and then staff will provide comment um if there's any issues that um that they disagree with the
applicant on. So we should probably move to the applicant at this point. >> Can we ask questions Jason first? Sorry. >> Okay. Councelor Stafford, any questions for Jason? >> I'm going to hold off until we speak with the applicant. >> Okay. Councelor Woodson,
>> I'll wait as well. Thank you, >> Mayor. >> Not at this time. >> Uh, Councelor Kane, >> nothing current. >> I I do just got a question based on what we had for public comment. He had talked about seven foot, but in what's in here, it looks like it's a five- foot setback for each property. And staff is okay
with a five foot setback between those 12 single family residential homes. >> It it's internal, so it only affects themselves essentially. Um, it is pretty small. U but there's a lot of communities that are actually going to that. Um, but it's you talk about the
side step back internally. >> Yeah. So that's an I mean it affects their own properties, right? So it's not there's not an external lot that it's affecting um for somebody outside because it's a self-contained subdivision essentially. So we haven't had many of those. And >> the only the only concern I have is I
remember a previous hearing that we've had before where the fire department had had issues with anything under a 5 and 1/2t setback or being able to access between it should there be a case of a fire. >> Have we had conversations with them? Are they okay with this? >> Uh honestly I don't I don't know that that's been checked. Plus you have a
overhang issue to your point I think to consider where the code allows up to a three-foot encroachment of that setback for the roof overhang. um you could clarify and maybe the applicant can answer the design side of it, but maybe maybe that five is all inclusive of that
and that would make the wall be 7 ft as it you know something like that. But >> so we're not sure if it'd be overhang to overhang is 5 ft which would >> right in theory if you applied that allowance to a new setback then it would essentially be um up to 4 feet
separation between the eaves potentially or you could just not allow that to apply >> that that ex exception that's normally in the code because again that exception assumes there's a bigger setback right >> um and equipment is not included in our setbacks. We we make sure that they have
to meet the setbacks I should say here. >> Okay. it that definitely becomes an issue in other places that ex um exempt the equipment, but here at least that 10 ft would include equipment. >> Okay, I'll get some clarification from Yes. >> applics,
I do want to give a little bit of history about how we got here. Um, as you know, there was a church on this site. it was uh damaged and removed. Um there were some questions or concerns about how the church had been functioning and whether it had was
compatible with the community. Uh and out of those discussions and work with the staff uh that's how we derived or arrived at moving forward with the development agreement. Therefore, there would be more controls over what was happening on that site to
ensure that it functioned as a place of worship as that defined and envisioned in your land development code. Uh during the presentation to uh the LPA, they came up with some additional suggestions which you'll see in the development
agreement. They wanted to eliminate from the residential zoning district, bed and breakfast, community residential home, home home care, and one issue that was very important to them was the daily rental of dwelling units. So those uses
are prohibited in the developing agreement in an effort to be consistent with the community and address the concerns. And with that, I'm going to turn it over to Jonathan Thomas. I just want to do a quick introduction to SJ Collins. I've met with some of you
over the years, but we're a real estate developer out of Atlanta. Uh we do a lot of uh mixeduse retail uh residential. We just finished a 300 unit apartment complex in Panama City Beach. Um we've done a lot of work in Florida. If you're familiar with the Whole Foods on
Daniel's Marketplace, that's one of our developments. So, you know, really we're just working with the church trying to get the church back open and operating and ultimately develop this uh small 12 uh lot subdivision and look forward to
being a part of the town coming back from the hurricane. And I'm happy to answer any questions. Otherwise, I'll turn it over to Jennifer. >> Just a quick question I have for you. What is or maybe staff can answer it. You made mention or you made mention of the no overnight rentals of the
property. What is the >> daily? >> What's that? >> Daily rentals. >> Yes. What is What is the normal Maybe Scott might even know. I don't What's the What is that zone? What is that area when it comes to short-term rentals? Is it weekly? Is it monthly? Is it >> I think it was >> That was going to be my question. Um
currently on Connected Street is it is a weekly street. >> Okay. >> Yes. So I I think it would be best that it instead of saying no nightly rentals, I I think based on our ordinance, it should fall in line with the current
ordinance. We we shouldn't >> you can't make in order to protect our grandfather ability, you can't make an ordinance more restrictive. So I think you it'd be best for everyone involved to leave it as
following our ordinance which is weekly. >> So well yes and no. So the issue there is um in the town's codes there's a provision that allows properties adjacent to on a stereo to be daily. So even if you're in a weekly or a month
yeah there's an there's an exemption. So it's it's all properties anywhere. It doesn't matter what it is. It allows them to be weekly and that's I'm sorry daily. >> No, that's that's in the commercial zone. That's >> it doesn't give a reference to the commercial zone. It's it's a weird thing in the code. Um your daily and your
excuse me, your weekly and your monthly are uses that are in your schedule of uses per zoning, but then in the short-term rental section, there's an exemption for properties that are adjacent to Astero. It's a It's a weird wrong place to be and it's confusing, but it's in there to exempt a So that's
what the discussion came up as far as because would that allow when they plat the subdivision and build the properties adjacent backing up to a stereo they would have potential to have daily and so I was trying to address that issue to ensure that it doesn't. >> Can can you check on that? Um yes and
and also as far as um SB80 and the the uh prohibition against more restrictive, more burdensome, it is the applicant that is agreeing to voluntarily um put that restriction on them. So we're not going to have any SB180 issues. But I will clarify as to what
your code says because that's where it seems that there's >> Okay. So So if an applicant actually >> if an applicant wants to be more that's not on us making it more restrictive. Correct. >> So, we're okay with us being >> we're okay with that part of it. >> Right. >> So, then it would default to what you're
referring to is the RC and the typical uh weekly use that would be required. >> Okay. Fair enough. >> Councelor King, questions for the applicant? >> Nothing currently. >> Huh? >> We have another witness. >> Oh, well, I was just thinking if they
have any questions for him. What? We We were going to let you continue. You just asked if we had any questions for him. Uh, nothing for him. Councelor King, >> nothing. >> Vice Mayor, >> I'll wait till they're finished. >> Okay. Councelor Woodson, >> I'll wait. >> Thank you, Council Safrey. >> Yeah, I've got a bunch of questions, but
let's let's have everybody come up. >> Okay. >> Thank you. >> Good morning. >> Again, for the record, my name is Jennifer Sapen. I am an AICP uh land planner and I have been sworn in. So I wanted to start first with looking
um at the aerial as it currently exists and the surrounding properties. Uh the the subject property is shown here in red and it is surrounded by existing single family uses. The RC and RS zoning districts above the property. Um, I also
wanted to point out in the northeast there's two single family lots that above the back end of the property. Um, the one on the southern end is what we call a flag lot. Um, so the driveway for that property runs along the church with a second um, residential lot on the
other side. This slide shows the zonings. On the left is the existing zoning map. On the right is the proposed. The pink star shows the subject property. uh the IN zoning district would remain on the northern end and the RC zoning district
would have be applied to the 2.1 acres along a stero boulevard. So what you can see in this map clearly then the RC is just filling in the gap there where RC continues on either side. The future land use of the property is
medium residential. There's three residential types allowed in this future land use. smaller residential single family lots, high-rise buildings, or RV sites. The proposed developer agreement with this um amendment would eliminate
the high-rise and RV uses. um in your packet and I it was uh submitted at the LPA hearing there were 15 letters of support or no objection and it's my belief that the elimination of the high-rise buildings and the RV parks was in large part why the support of the
community um when we why we got those letters prior to Hurricane Ian um the church site encompassed the entire property um church uses the main church was along a sterile boulevard but in the back there were four structures
for various purposes and that's where they had um the majority of their parking. I wanted to point out in the bottom right of the slide, this is a 2019 Google Earth photo and as you can see this is standing on Connecticut Street. Those two single family lots,
the flag lots are on the left. As you can see, the parking lot um is very little buffers there and that's where they have um some of their u storage of uh their their church vans. um the parking and you can see the dumpsters are there.
So looking at the proposed site plan um for simplicity purposes I'm going to call the top of the slide north um even though it you can see the north angle north arrow here it's at an angle. So the western portion of the project, 2.1 acres, um proposing 12 units on there,
the reasonzoning from I in to RC. Those 12 dwelling units are consistent with the allowable density for the uh mixed residential future land use. So consistent with that policy. On the east, the church would be a redevelopment of 1.1 acres and no
changes to the zoning category there. When you look at access, all of the access is on Connecticut Street with no no uh driveways or access directly going on to Asterero Boulevard. There's separate accesses for the church and the residential. Two accesses for the single
family residential. Those will be alleys and they will be privately maintained. Since planning board, these alleys have been adjusted a little bit. The one on the west, there's a hammerhead. Um down in the bottom you see it's kind of a L-shaped turnaround and that'll allow
vehicles and emergency vehicles to turn around at the bottom there and those have been added through discussions with the fire department. The eastern alley has been reduced. Uh it is now reduced to 179 but maximum length and pointing
out that only three residential uses um above this and access this alley. The church access on the western parcel or sorry yes eastern parcel the driveway has been p p p p p p p p p p p p p p p p p p p p pushed as far as possible to the west. The purpose of this is to get it
away from those two existing single family driveways as much as possible. Water management for the site. Um this will have a modern water management system. Um this church was built many years ago, so there will be upgrades to that. uh the detention area, which
you'll see the detention area is where a lot of the green is on this slide and the southern and then along the eastern kind of going around the church and around the church parking lot. Uh this will provide the the water quality um that will be needed uh for water management, but it also creates a
greater separation between the existing single family um lots platted to the south and to the east. The uh water management system will be privately uh maintained and it is part of the open space. The project does meet
the required open space and 55% of this site is open space. There's two amenity areas um common parcel areas. The first one, it's a smaller one um on Connecticut near the uh western alley and then the larger one is at the end of
the shorter um deadend alley there kind of near the church. The church parcel will allow um it's part of the developer agreement will allow government entities to use the parking lot during uh emergencies and uh the church will be required to
have on-site traffic maintenance. The church does have a development order under review. Um, and you know, as uh, uh, Jonathan said, the residential will be lagging after that. So, the residential exact design hasn't been formulated yet. Um, but you can see
here, this is the development order plan for the church parcel. This is the landscape plan. There's buffers required on the north, south, and east side. Um, and a wall will be required on the southern side and the east side where those residential uses above that
property. And as required by code, the landscaping will be on the outside of the wall. What that will do is that will block the um lights from the parking cars to the residents. And I want to point out um the landscape plan buffers
and internally this site on 1 acres will have 56 trees, 259 shrubs, and 483 linear feet of um of wall. So when you recall what the uh site looked like before with the landscaping before, this
new um layout will be a large improvement and the main church will be moved to these to that back area. Yes sir. >> Just just a question just to make sure I understood you correctly. Did you see the church would be coming with a development order later? >> The church is already under review. The
residential will follow the church. So this plan that you see here is um under staff re review right now. >> So So they're under review, but they're all encompassed in this particular development agreement before us. >> Correct. Correct. It'll be a phased phase development. >> Gotcha.
>> Which that's very common. Um and and especially when you have a purchaser, uh they don't usually go into hard design with engineering and go forward with all that investment until they are assured that they're going to get um at least a zoning level entitlement.
>> But go back with the wall. What's the wall going to be constructed of? >> I do not know. Do you know what the wall is constructed of? >> And is that going to give any heartburn to our flood plane manager? Our engineer is not here, so I can't speak
to the flood or the flood manager issue, but that is per code. I mean, some type of barrier is required. Um, it is not 100% specified what material it will be yet, but it'll be per code. >> Would you have any objection to adding some wording that is compliant with
flood plane regulations as well in there? >> It has to be. >> Well, I mean, they're they're pretty standard, typical to be it's an Azone, so it's not >> Well, it's someone that has had to go through the fencing issue. Yes, sir. >> I I can tell you it's not as clear. It's as clear as mud. Some Some of them can work, some don't. Code will say it's
okay for something, but flood plane doesn't think it's worth. So, I would just like more clarification as to what that wall is going to be because I'm sure the neighbors are going to want to know. >> I don't have an objection to that. >> Okay. >> Did you have any more questions on this slide?
>> Okay. Want to move ahead? Switching over to the single family side. Um this this slide only outlines the vegetation around the perimeter, the buffers. Um of course there will be all the additional plantings that will be built vertically when the homes go up.
But looking at the buffers um there's a 15t wide buffer on the um north and west and then the south again will there will be a wall. Um and the purpose again of that wall when people drive down the deadend road the lights of the from that alley won't shine then on the
residential lots. So looking around the perimeter of the single family there'll be 37 trees um 1,152 shrubs and 342 linear feet of wall. I just I wanted to point out I
didn't specify before the plantings for the church. They are all native plantings. um and driving up and down the streets now, you can see the the benefit of native plants. They're the ones who survive and um non-natives don't always.
Uh this has been outlined already, but there are a handful of uses that are prohibited by the developer agreement that either would be allowed by right um with the existing IN zoning or the proposed RC zoning or the particular overlay um along a stero um the bed and
breakfast community residential home, home care and daily rentals all excluded uh from the residential and from the church site. No temporary or permanent living quarters uh or dwelling units. No overnight parking of a recreational vehicle and no social services or
rehabilitation programs will be conducted on site. So it will be just the church facility there. Next I want to switch to the development regulations. Um I'll break down this table in further slides just to kind of explain on the left is in. So that's the
development regulations that exist on the um current property as is today. The next uh column is what is proposed for the church. The next column is what is allowed by the land development code in the proposed RC zoning district. And
then on the right um what is proposed in um our developer agreement with the single family. So looking at the the church site in red the block box around red those are the development regulations that are allowed right now. If the church were not
selling to SJ Collins and were rebuilding these are the setbacks that they could use. And on the pink on the right, you can see this is what is shown on the site plan. The site plan and that is included in your developer agreement. So you can see in every instance shown pink or purple, the proposed developer
agreement is going to increase those setbacks far beyond what the church could build if they rebuilt today. And additionally, not just the church, any other use that is allowed could rebuild under these development regulations. So the single family abunding properties are greatly benefited by this increased
separation. And again, this separation comes from the detention area that goes around the site. So, it's an open space and landscaped area that is increasing this these setbacks. Looking at the single family regulations on the left, those are the regulations
that are allowed by the land development code um in the RC district. And on the right, the are the proposed development regulations. And um the gentleman is no longer here, had the mint green shirt, but he had a question um about the
reduced setbacks and he believed his was larger and the setbacks do tie to the size of the lot. Um table 34-3 note 9, uh uh a 6 and a half foot
setback is required for a 50- foot lot or less. And with our smaller lots, which again the future land use category uh specifies smaller lots. So our lot size would only have a 6 and 1/2t side setback. But larger lots um
let's see 75 ft wide lot that setback would increase to 10 ft. So it depends on how big your lot is, how big your side setback is. So our requested deviations are shown on this slide. most of them. The first deviation um applies to
Connecticut Street and it is to reduce the setback the street setback from 25 ft to 15 ft. So this applies to two lots. Um lot number one and lot number 10. You can see on the slide it's the side of the home. So while it's a street
setback, it is the side. So you don't have any kind of a a concern about cars parking or driveway access. side of the home. It will be landscaped. The entirety of that of that setback, that 15 foot setback is the landscape buffer. So, the entire 15t setback will be
buffered. Deviation two is for the alley setbacks. It reduces those from 25 ft to 10 ft. And the reduced setback applies to the undulations in the home like say a bay window or something like that. the um
the garage door is required to sit back 20 feet. So that'll that'll give you plenty of room to park your car. Um so the reduced 10-ft setback is for non- garage structure and again this is internal to the site. Um it is on privately maintained roadways uh having no effect to off-site
properties. Deviations three and four are to reduce u rear and side setbacks. Again, these are internal to the site. Um, the rear is from 20 to 10 and the side is from 6 and 12 to 5. And again, that six and a
half is because the lot sizes are smaller. The final deviation is for intersection separation. The two pink arrows here show the intersections that were reducing the separation. Um it is
required to be 125 ft as proposed as 20 feet 25 ft and this is done to move the church driveway as far as possible away from the existing residential. So in conclusion, the development development agreement has been prepared
in accordance with state and local laws and as outlined in the staff report, the request is consistent with a comprehensive plan through the implementation of this developer agreement and we are requesting um a motion for approval and I believe you
have questions for me. >> I want to ask Jennifer a couple questions. Jennifer, you >> got to get up to the mic so we can hear both both of you. I want to ask Jennifer a couple questions. Jennifer worked for an engineering firm for I don't know how many years, so I know she'll know the
answer to this question. And that is when you go through the development order process, does the fire marshall have to sign off on your plans to ensure it meets the fire code? So yes um I have worked 30 years I guess
with engineering companies and engineers uh that's how I started and then transferred over to planning a 5-ft side setback is very common um in Lee Collier Charlotte everywhere I work I would say 85% of my single family subdivisions
have five foot side setbacks and yes during the development order process um the fire marshall is always very involved Um, and also drainage usually comes up as a question with a 5-ft side setback. See, what is unique about a a planned subdivision is you can plan each
lot um together cohesively. Side setbacks, the larger side setbacks apply when you build your house and then 10 years later someone else comes and builds his house. Drainage becomes a problem. Making ensuring that the fire department can review those
independently as a plan development. you can look at it cohesively. Also, as a plan development, you usually encourage clustering where you internal to your site put your buildings closer together so that you're able to bring a public benefit elsewhere, usually through
common open space. And in this case, we've got a water management system cleaning the water better than what it did before and providing greater greater separation to the abuing single family lots. But not to be devil's advocate because it's a planned development. Wouldn't you be required to maintain the water
anyway? So how could you consider that a public benefit? >> The if you're required to do it anyway, >> you you are correct. It is but it is still a benefit. Just because you are required to do it doesn't mean that it is not a benefit. >> Now the location of it um I think is
important of the location of the detention. Um it is more cost effective to put a thin little swale all the way around it. In this case, the developer has chosen to locate it specifically around the parking lot, specifically where uh noise or lights might be a problem to the residents.
>> John, questions for is that the end of the presentation? Do you have anything else you want to add? >> Any you said you had questions for her, you only asked one. I want to >> No. So the only else I want to add is as you know because the site was developed eons ago it doesn't meet any of the current water management regulations for
water quality and really for retention and detention. So it is a benefit that the entire site will be brought up to current standards which as of um October 1st got even more restrictive in terms of water quality. So, and to have it
managed by one manager to ensure it gets taken care of. I'm I don't know if it's a big problem in the on the beach, but in many locations, water management systems aren't maintained and it impacts surrounding property owners. So, that
won't occur in this case. >> John, any questions for the applicant? Um, yeah, I guess I'm not sure if this is the right place to do it or not, but my understanding there's a code violation currently in effect and I just hope that uh folks would be coming into a compliance.
>> I can speak to that. Thank you. So, I've had many conversations with the church and that's a frustration on our end as well, but they have a hearing with the magistrate tomorrow and they've assured me that they are going to agree to remove the trailers. They're working
through that process. They have so the current leadership of Beach Baptist Church ultimately is going to be assumed by another church in the community. That's what we anticipate. So they're working through with that church where they're going to move them, but they will be moved off the island and that will be resolved.
I would I would ask it uh Mr. King and Mr. Mayor if you would Tom Yazo can come up speak. I don't believe that they are on for tomorrow's magistrate. Do you want to clarify that Tom? Or maybe they >> Yes. And I and I think that um and Tom you can speak to it as well that in the event of non-compliance there would be a
lean um a certified lean which you know the magistrate set a compliance date so there would be some monies that would be owed. >> I understand that that's >> that's not really my area that's more of a church issue but I am trying to
facilitate getting it resolved. Um, and right now all I can say is that I have spoken with the church at length and they have agreed with us to remove the trailers. Now, unfortunately that's not going to be accomplished by tomorrow, but that's for the church to work out with the magistrate and whatever comes
with that between the church and the magistrate. >> Just just to be clear, Thomas Yazo, emergency services director, Fort Myers Beach, uh there's no this case is not on for tomorrow. It's coming back on the 29th. So, they've already had part of their magistrate hearing done. Uh, the 29th is
the compliance time frame. They have a compliance date of the 19th, I believe, and they have to be in complian. So, it does give you more time if that makes it easier for you. But there's nothing on for tomorrow. I don't know where that came from. I know the church has a misconception because they sent an email, but the order came out and
they're back on the 29th to see their status. >> Okay. Well, I'm I'm not sure what transpired, but I was on the last magistrate call and it my understanding was we were supposed to be on tomorrow, but maybe something changed. >> But in the meantime, we'll work it out. >> Okay, very good. I I don't I don't know
what you're referencing, but we could figure that out by all means, but they would have to have been uh do have due notice done for their, you know, for that to happen tomorrow. And it's actually a different judge. >> Gotcha. >> Okay. So the 29th or 19th to be done the
19th and the hearing's on the 29th. >> Yes sir. >> Okay. >> Right. So after the 19th I think the town uh would probably be looking for fines u due to the non-compliance because the um existing structures are non-compliant with our flood regulations
and so we have to respond back to FEMA on that. >> Understood. >> Thank you. That's all I have. >> Vice Mayor Forgive me. Tell me your first name again. >> Jonathan. >> John. John. Did you say Jonathan? >> Yes, sir.
>> Jonathan. Uh, thank you for being here this morning. Jonathan, could you take this up 10,000 ft a little bit? You've got some history obviously with this property. Uh it's my recollection that you all came here to Fort Myers Beach to assist and
and to help facilitate some kind of a business arrangement, business model that would allow for the church to be rebuilt. Is that a fair You want to just just give us a little bit of history on that? >> Sure. So, one of our other partners in this venture is actually a childhood
friend of Shawn and his brother. Sean's the pastor of First Baptist. um they reached us out to us shortly after the hurricane looking for any assistance they could get to try to get the church redeveloped because they didn't have insurance. They didn't really have a path to get the church redeveloped. So,
we came down and met with them and um decided to try to partner and and figure out a way to get them back open and operational. And you know, this is going back quite a bit to some of the stuff that was referred to tangentally earlier, but we started out with a the
idea of doing a condo tower. Um we had a lot of conversations with folks around the town and you know it was understood that it would be difficult but it might be possible. Uh but we had a town meeting and a lot of the neighbors came and we just decided after that meeting that while it may be possible it was
going to be extremely difficult and probably not beneficial. So um based on that we went back and looked at the zoning we already had and what was in the comp plan that we were theoretically allowed to do. And that's when we decided, look, we are basically by right
able to do 12 single family homes. Let's do that because that's the path of least resistance to get the church back open and operational as quickly as possible. So that's kind of the backstory of how we got where we are. And it's it's been a long process and we're very anxious, as I'm sure you all are, to see this
move forward because nobody wants to see it just sit vacant. >> Yeah. I think I just think it's important for people to know there's been a lot of aspersions cast against people who want to put their capital at risk and invest in Fort Myers Beach. Uh you all came here basic basically it was
really a calling to come here to Fort Myers Beach and help save this church. Is that is that a fair characterization? >> I think that that's true. Yes. >> Yeah. I think uh too just so people understand the business model. So when you build the homes, the sale of those homes will then facilitate the funds to
rebuild the church. Is that is that a fair simplification? >> Ultimately, yes. I mean, obviously, the way we have this structured is we're trying to get the church back open and operational as soon as possible. So ultimately, the the way the transaction works is we're going to purchase the land. The purchase of the land will
facilitate rebuilding the church which we will also participate in to get it done. And then ultimately selling the lots pays for the entire project overall. But initially for the church, the take down of the land is what allows the church to get back open and
operational and the lot sales come later to back backs stop everything. >> And so it's codified obviously in the agreement when you when you purchase the land that that church will be built. Is that >> correct? And that will be built first before the homes. >> Correct.
>> Um, that's all I've got. Thank you. >> Thank you, Council Woodson. >> I have a couple questions. You You just said something about um
this church or the operation of this church is going to change or >> potentially. None of that is set in stone yet, but it is believed by the current operators of the church and just
our group collectively that there needs to be some new, you know, path going forward that that takes that church into a new direction. um they've had a few conversations with a few uh different churches in the area and I I really don't want to get into
that too much because it's still not defined. But I think ultimately it is highly likely that a a another church that's established in the area will ultimately take over and and brand that church and take it forward.
>> So does that change, if you will, the leadership of the church or the >> ultimately? Yes. I don't I don't think the leadership that's currently in place at the church will be there five years from now, but it will be um I think a
more sophisticated operation going forward. Okay. And then I'm looking at this one deviation to reduce the intersection separation from 125 ft to 25 ft. That's that's a
big difference. >> Jennifer question. >> Jennifer question. Okay. Can you explain that one for me please? >> So that deviation separation of 125 ft that's pretty standard in most codes. Um but that is for a local roadway. Um in
this case it's applied to a driveway for the church and to this alley that serves three residential lots. So understanding that local roadways um some of the there aren't a lot here but in like Lee County some of the larger local roadways that feed several homes that intersection
separation is 125 ft. So in this case um while the church will generate a lot of traffic on main day it's not a uh every morning people coming out and coming and going to work and there's only three homes that'll be accessing. Um so that
reduced separation. Um looking at your deviation criteria it's that each item enhances the achievement or the objectives of the development. So decreasing that separation increases um our objectives
one by not intruding into the residential um to the east shifting that uh that that driveway access as far as possible um and protect the uh public health safety and welfare from that. I would say that the um traffic generated
by the alley of three residential homes is is far less than what is standard for local road intersection separations. um and that is to the benefit or at least not the detriment of public interest. Um and so for those reasons, I believe that the those reduced
intersection separation with a lower traffic um does meet the intent of the criteria for your deviations. So So if this deviation was not approved, this part of the deviation, what would that what difference would
that make on the site plan? What what does that reduce for the church or >> to what it would do is it would impact the um abuing residential uses more. The church driveway access would then be shifted as far as east as possible to to
greater that intersection separation and it's in my opinion as a planner I this is a better design um due to the low traffic and increasing that separation of single family I believe is very important. >> Can I just say one thing? Um, one other thing related to this
issue and and I don't want to mix apples and oranges, but it is important because it Can you go back to the slide with the site plan? >> Yeah. So, we may have still had some issue with um entrance separation, but just to be
clear, where the church is currently located, initially we had the church planned south in the bottom corner and through conversations with staff and various conversations with the town, um we actually jointly decided to relocate the church where it sits today. So, a
lot of the conflict that came between those two driveways is a direct result of us moving that church location, which was not necessarily our idea, but we were willing to do so to try to get through some of the staff comments and other issues related to the project. Um,
and the last thing I would say to Jennifer's point, um, 125 ft between an actual road would absolutely be necessary, but with this just being essentially an alleyway, I don't see a lot of conflict there. Well, if I may, Jason or staff.
>> So, you were saying the staff recommendation was to flip-flop basically the parking entrance and the building. I'm curious as to why. To me, I see an issue with people trying to go to church, driving down that alley, realizing they drove in the wrong entrance, and now backing out onto Connecticut Street, try to go into the right entrance. It
>> Let me just I don't It It's more nuanced than that. It wasn't exactly move here, move there. It was more of a looking at the site globally and staff and I don't think it was you, I think it was folks before you, >> they really for whatever reason, I'm not even saying I agree with it, but they
did not like the church crammed in the corner at the Plan South Bottom because they felt like it made it even more encroaching into the residential neighborhood. And we had a lot of conversations about, well, ultimately this whole thing is going to be a residential neighborhood. Frankly, it
was confusing to me. But honestly, in order to get where we are today, this is a concession that we made with staff putting the church in this location and that directly resulted in impacts to that entrance. >> I still don't understand the reasoning
behind why. If to me, if I just look as on the surface, it could solve a lot of issues by just flopping the building with the not asking to reinvent the wheel here. I'm just trying to understand staff's point of view as to why you thought it was important to have those two entrances so close together
creating a a deviation that may not need to be there if the design the site plan was a little bit different. >> One last point, it it's not that they wanted the two entrances where they are. It's that when we moved the church to the location, which was a concession we made through the process, the the
entrance in the previous version, I believe, was more towards the property line and there was greater separation there. But when we moved the church to the location it's in now, the entrance had to move because there was nowhere else to put it. >> And you're saying exactly what I'm saying is to me it made more sense to have it flip-flop maybe the original in
my mind just because now you're keeping the massing in the center of the property further away from the residential because when you look at the setbacks, yeah, you've got it listed as a 45 foot setback, but really it's only 18. It's not 45, which is still greater than what you'd be required to do by
code, but now you have a much larger setback because it's a parking lot versus a a building. Make sense? >> Yeah. Yeah. I was not part of those conversations, unfortunately. I came in to this at the end. Um the only thing I can think of is it's the vehicular traffic circulation next to single
family homes that was a concern. Um but again, I wasn't part of that. Sorry about that. >> Yeah. No, I I just curious as to >> my mind just seemed like that was backwards to me. >> But >> it would seem that almost anywhere you put it because of the the distinct nature between the single family access
and the non-residential access you're going you'd have to I don't know that you could meet that separation at any layout honestly. >> Yeah. I don't that you still wouldn't have the 120 you still have the 125 foot issue but just the layout to me >> unless you had a joint access but then you lose a row of parking then you it's
very difficult to get access to those three lots the way that it's the subdivision's laid out. >> Yeah, I get it. I just I could see people are going to go down that alleyway >> to to go to church and then you're going to have a traffic jam turning around people's driveways. Just just have a h just it's just a hunch, Jason. Just a
hunch. >> It's a good hunch. >> That's Sorry. Pleasure. Signage will become very important at some point. >> No, those are I'm I'm good. I'm good. I'm not good with it, but I'm You've answered my
questions. Thank you, >> Councelor Safford. >> Yeah, I've got a a couple questions, couple concerns. First, comments. I'm glad we're going through a a development agreement on this. Um, and I'm also glad to see the
coordination in with the infrastructure. I think you guys did a good job doing that. Couple concerns I do have. I the five- foot setback. Is there any way we can maybe take that 15t setback, move it a little bit so there there is more room
between those buildings? So, I have a I have a feeling that what's going to happen is the fire our fire district I know you've worked with you you've mentioned you've worked with leak you know other fire districts in the area. Have you specifically done anything with Fort Meyers Beach Fire District? Because
I, you know, they've been in meetings with us and for them the bigger is the better for for life safety. Um, my other concern with a 5ft setback is, you know, you drive around Florida and you you go to the villages, let's say, and you're like, geez, how are those houses so
close? Now we're doing the same thing here. All the houses are going to be so close to each other. So I I I don't know if there's a math equation where we can maybe get a little bit bigger side setback on those. And then it seemed Jason on this end
seems like we we just created especially on stereo we just created four par five parallelogram lots. So are we going to be following the parallelogram lot setbacks on these houses? >> No. So any any conditions, deviations,
all those things run with this property and this project through the developers agreement. >> Okay. >> Development agreement. >> So I I guess and then I have one more question after that, but if you >> which is why I actually brought up the point about the code says you can have the three-foot encroachment of the overhang, right? >> But you can control that or change that
through conditions of this. >> Okay. >> Process. >> So thoughts on that? >> To directly answer your question, no, I have not worked with the Fort Myers um fire department. Although I as we have kind of brought up earlier, these homes won't be permitted. You won't be able to
get a development owner permit. You won't be able to get a vertical construction permit without fire sign off. Um so so as you go through the permitting process, it we start with tables in zoning and then it it works its way through real land design and when you get to the final development
order, if fire has a problem with it, it will be changed. They will not sign on if off if it is not. >> Well, that's that's good to know. Um, is there any way we could do a little little math taking off the the setbacks on the two
streets to to give us a little bit more room in between the houses? >> This the internal alleys or you mean >> connect you got a 15oot setback off of Connecticut, a 15t setback on the houses on Andre Mar. Maybe reducing that a little bit so we can get some more room
between the the five houses. The setback on Connecticut is the landscape buffer width. Okay. So that entirety is >> I guess my question is can we reduce that a little bit so there's more separation between the houses? I don't >> One can and it's it's in your discretion you could. I would not recommend it. I I
believe landscape buffers perimeter treatments of a of a planned development are more important to the external um to the public than internally. Internally is is within that project that is that's >> just ask for your opinion. >> That's in my opinion. I think the landscape buffer is more important than
internal setbacks. Um, in plan developments, I lived in Coral Lakes at one and there was reduced setbacks in the side, very small, but I never used my sideyard for anything. I used my backyard and my front yard. >> Okay, fair enough. And Jonathan, I have a question for you, sir. um
wi with regard it you know the the one thing about a a DA is is things are a little vague and I I there is a vagueness here of how we're going to coordinate efforts with the church. Um I don't know from a Mr. Yazo
from a code enforcement. I mean, can we I guess we there's been some churches in the past, not this church, but it's just been open season. They do whatever they want that it affects the neighborhoods. It's it's it's just I I'm I'm worried
that if we don't have some safeguards with that respect, um that they can do anything they want. Does that make sense? >> It does. And you know, I don't want to say too much, but the bottom line is a lot of the reason why
we're still standing here not zoned is because some of the issues that have happened in the past with code enforcement issues and other things. And you know, I can't say anything other than part of the reason we're doing the development agreement and part of the reason we've taken all
this time through the process was to try to work through as much of the town's issues as we could and to try to make this as good going forward as we could. >> So, I I guess my question for the attorney, is there a way we could put a a thing in here where
we we have uh neighborhood meetings where we have >> Yes. open dialogue where we have >> I think what you're describing is um somewhat of a covenants and restrictions u between the property owners of the
various lots um and the church um that would go into more detail as far as um you know payment of of any type of monthly dues or I I don't know what is anticipated. I mean that is part of
their real estate transaction which they haven't really disclosed to us. >> That's not really what I was getting at. I was getting more at at you know you get you have a town hall meeting not not like this but just with all the neighbors present you guys are everybody gets on the same page so things don't
don't get away from one another like they decide hey we're gonna we're going to do this event or we're gonna we're gonna provide this service and the neighbors are like oh no you're not you're not going to have RVs here again you're not gonna do this. I I just like I don't want total I don't want to be more controlling, but at the same time I
want to protect the the neighborhood. >> Can I ask you a question for more clarification? Are you looking for the meeting before the church opened or are you looking for a community meeting before we have our second reading? What what do you think? I I just like some
language in there that that there will be ongoing discussions with with the neighborhood as we move forward that we take a little bit of the vagueness out on who exactly we're dealing with with the with with the church just so there's I'm trying to get rid of the vagueness and it just make sure that the
neighborhood's okay with >> going forward there's lines of communication where >> so does that look like an agile meeting >> maybe >> or I'm just trying to understand I want to write what you're thinking but I have to understand what you're thinking. So, I need your help.
>> So, um it it sounds like um perhaps some kind of condition that prior to uh a special event that there is um >> well, special service too. I mean, I again, we don't I know the hurricane happened and there's trailers
everywhere, but it just >> I I I'm I'm struggling as well, Neil. Well, and I'm just >> and and I would say this, there were a lot more people at the LPA meeting and they expressed their concerns and the conditions actually that the LPA
recommended >> seem to amilarate the concerns of the community. >> But if if what you want is a community outreach on an annual basis, >> maybe I'll get the one my fellow council people weigh in. I'm I'm just
>> Are you thinking annually or per event as events come up as as >> more services? >> Um so maybe a monthly >> no. Okay. So like the children the church I have we're going to have an October fest. So they have those kind of events
from time to time. >> I go to first assembly so they have 30 acres so it's a little different but they have bounce houses and you know >> food and all that kind of stuff. So if they have something like that, do you want to have an outreach before then? >> What do you guys think? >> Well, I think they have already to me
there's already a process they would have to go through to have a special >> I think there's already a process, but I'm just more like, hey, we're going to open up I I >> a thrift shop. >> Yeah, thrift shop.
>> Pantry. >> Yeah. Food pantry. >> Thrift shop. >> Homeless. I I don't know. I I'm just >> So, just one thing on that and and Neil can speak to this some too, but part of the reason why we ended up going through the development agreement was to try to
restrict some of these issues that we had heard about from the past with over overnight parking and housing and you know, so there is language in there that addresses many of the issues that you're concerned with. Maybe not all and and certainly >> well not nothing's perfect, but we did
specifically that they're they're protected, right? That so >> well, yeah, I think you when you say it's in there, but it says services. Well, what does services really mean? It's very vague, right? It doesn't vague. >> You know, services could be I mean, you could look at that as does that mean I can't have church service because that's
a a service. So, I think breaking out a little bit more as to what service was intended for. I think I read it the way that you intended it, but it's it's extremely vague and and could be open to a lot of interpretation. I >> I don't think we have an objection to that as long as it doesn't get too specific because >> Yeah. And I and again I don't want just
clamp down on everything can't do anything but at the same time I don't want it wild wild west you know. >> So there's got to be a good balance there. >> So those are those are those are my thoughts. Um
>> Karen you had some >> Did you have anything else Karen? Um, no, I didn't have anything else except for the fact that um I am concerned about approving any kind of zoning, any kind of move
forward with outstanding code violations. Um, this has been an ongoing issue >> with this property and I have a problem with it. >> Can I speak to that just for a second? >> I understand where you're coming from. If I was sitting in your seat, I'd probably feel that way as well. But I
can tell you without a doubt, the fastest way to resolve those issues are to get the property resed so that the purchase can move forward and the property can be redeveloped. As long as it sits in perpetual purgatory, you're going to have the issues that you're frustrated with.
That is that's a reality. >> Well, I see your point. And you know, I know >> between now and potential second reading, there will be a deadline that has to be met for certain things. And I think that'll tell us a lot in my opinion on whether or not there's a good faith effort to try to resolve this even
before the next hearing. So I I see what you're saying. We haven't had a good history of compliance and the 19th is a is a very hard deadline. It's it's a it's we're not going to get any more
extensions. I don't think nor do we want that. We want to come into compliance with everything. So between now and a potential second reading that's going to tell us a lot. It's going to tell you a lot because technically you're not in charge of it right now, right? So we'll see what
happens on that. But I agree with your sentiments. >> Yeah. Can I just add one thing to Jonathan's point? The propertyy's zoned institutional now. they can do a church now except for the fact they don't have the funds. So the problems
that you're experiencing only go your staff wisely recommended the development agreement in an effort to gain assistance in gaining compliance. That's what Jonathan's here to do is to help them bring it into compliance. But we need the residential component to make
all that happen. >> Yeah. No, you don't. I got a couple. You know, I have some issues obviously with the setbacks. I I mean, to me, this was the intent of a development agreement is to do exactly what this project is trying to do, but again, the severe lack
of details in a development agreement are very difficult. I mean, it there 20 I mean, are these houses going to have is it going to be a garage door? Is it going to be open underneath? I know you say 20 feet is enough place to park a car, but a Jeep Wrangler is 20t long.
So, if I pull up in a Dodge DY crew cab, I'm not fitting in a 20 foot driveway. So, now are we going to have cars like we have we get complaints all the time and we know these are going to be short-term rentals. I'm sure some of them, maybe not all of them. We're going to be getting calls about cars backing out into the rightway there and now it's
putting more pressure on our staff. So, one of the things I have is is it going to be a garage because we don't have any details. is going to be a garage door right at the front where the driveway shows it ends or will the driveway start back under the house at say where the square box is for the stairs and the elevator shaft which would allow plenty of room to be able to pull in. You know,
those are the kind of details that I would love to see that you don't get to see in a development agreement to alleviate some of the problems we already have and we know this is going to create. >> So, you know, all that's done on the housing right now is a plinary design, but they are raised because they have to be for flood
elevation. And then what we show and what I anticipate is that there will be parking under the homes because frankly there's not much other use for it other than that. Right. >> So really the the driveways are really intended for guests. The parking for the residents would be under the homes. But
all those things I understand where you're coming from and I can't do anything other than say what it will be. But that is the intent. >> And you know again I I don't want to reinvent the wheel here. I wish that would have stayed with my personal opinion would have been to stay with the original layout of the church having the
church more in the center and the parking lot on the other end. But that is what it is. Um I agree with councelor Safford on the side setbacks if there's something between now and potential second reading to be able to come up with an idea to open those up because five foot setback as we talked about at
the beginning is that from sophet to sophet or fascia to fascia or is that from building to building? Is that from air conditioner to air conditioner? What what is that five foot setback? And we understand that you have to go through the fire review before you can do it. We're trying to be proactive on your
benefit. We're trying to tell you that we we know this is going to be an issue with the fire department. Nothing against the fire department. They have to do what they have to do. But we're trying to help you in advance, believe it or not, to say if you could if you could show this to the fire department between now and the potential second reading and they have no issues with it,
that takes away any of the issues that we have. >> Yeah. Makes our job a lot easier. >> So, it's just trying to be proactive. But I don't, it bothers me the most when we approve something and then it gets held up down the line because of something that's outside of our control and it's now the town of Fort Mar Fort Mar's Beach's fault. Our town manager is
getting emails about something that's no longer out in his control and it takes up more and more staff time. So, we're just trying to help you by getting these answers between now and and if the fire department looks at that and says, "We don't have any issues with it." I don't have any issues with it. Fair >> enough. >> I agree. It is is, you know, kind of
what did you call it? uh plan development, but it's it's you know, and to your point, Jason, it is not a separate home, but it's five foot's not a lot of not a lot of room. Those are my biggest concerns that, you know, hopefully you can address if it
goes to a second read. I I I appreciate the fact that you guys are willing to come back to the plate and and try to to develop this property and fix a lot of the issues that the neighbors have had and the town has had with the property the way it is. So, I'm excited about the project. I'm excited that you went back to the drawing board and eliminated what
you were originally trying to do. And I haven't heard of any complaints. I haven't at least got any emails about what you're trying to do. So, you're obviously on the right path. Just trying to help you fine-tune it a little bit as best we can through development agreement. >> We appreciate it. >> Any other questions for the applicant?
>> No, that's all I had. I echo your sentiments as well. We're try we're trying to help. I mean, we're trying to make this win-win for everybody and you you're definitely on the right path. >> Thank you. Thank you. >> Thanks, Jonathan. Any other questions for Jason?
All right. Public comment. Are there any members of the public who would like to wish to comment on this matter? If so, please come forward to the podium and identify yourself, provide your address, and whether you were sworn in. Come on up. >> Still good morning. >> Good morning. It is barely. Um, my name
is Lori Webster and I own two homes on Fort Myers Beach, one of which is on Kuru. So, I was able to walk here today and I love it. Um, I'm also a member of Beach Baptist Church. I'm sure that every person in this room can relate to the consequences of Hurricane Ian. The
PTSD is real. I never imagined that the phrase, I can smell that picture, would be part of my lexicon, but here we are. Our church was destroyed by Ian, but our congregation rallied. We helped others while we ourselves were swimming in the
same cesspool of post Ian life. We've supported the community at every turn while we ourselves were trying to figure out how to be a church community. No one in this room can say that Beach Baptist Church is not a Fort Myers Beach partner.
As we tried to figure out where to go and how to get there, two more hurricanes came calling. One step forward, two steps back. And yet still, we rallied. Hot meals morphed into satellite food pantry. We moved from worshiping in a tent that was battered
with each storm into trailers. Still not glamorous by any stretch of the imagination, but better. Now we're losing those as well. We've been told that next week is our last service in the trailers and they will be removed. We need hope. We need a plan. We don't
currently know where we will worship while we wait for a new church, but we have hope. The proposal before you is our light at the end of the tunnel. While we have an uncertain interim timeline, we would have hope for a future. In the end, it
would allow us to continue to worship on Fort Meyers Beach and support the community without absorbing crippling debt. By selling the front part of the parcel to the developer to build homes, our church property can be developed debt-free.
This is the dream of every congregation to be able to focus on giving back instead of trying to get ahead to focus on what could become of those residential properties i.e. daily, weekly rental, while every property on
the island shares the same potential is an enormous disservice to an entity that has proved over and over that we're here for the long haul and Fort Myers Beach strong. Please allow the plan to move forward. Thank you. >> Thank you. Anyone else like to speak public
comment? All right. Seeing none, I'll close public comment. Are there any additional comments from the applicant at this time? No. All right. I'll now close public hearing and request a discussion or a motion from the town council to approve, approve with conditions, deny with reasons, or a continuence to a time
certain. Uh discussion or a motion. >> Mr. Mayor, I'll move approval of ordinance 25-17 >> to the second hearing. >> Second reading. >> Second reading. Got a motion by Vice Mayor Adhalt. I'll second further
discussion. Uh the only other discussion is hopefully you'll work with our town attorney to clear up any uh vagueness. I think that you've you've heard today with the development agreement between now and >> the second rating. >> Yeah.
>> Yeah. No, your city attorney's been counter attorney's been really helpful. Thank you. >> All right. There's no other discussion. There's a a motion by Vice Mayor Adhalt, seconded by Mayor Allers. Uh Vice Mayor Adhalt >> I. >> I'm an I. Councelor Kane >> I.
>> Councelor Woodson. I say I but I will I say I but I'll reserve my final at the second reading. >> Councelor Sabry, >> I I and I as well I hope you guys take what we've we've said to heart and have
come forward with just a little bit better understanding what we're looking for. So thank you. I >> All right, that motion carries unanimously. We'll see you on the third. >> Thank you very much for your time. All right, our final public hearing is a legislative agenda item and is a first
reading and public hearing of proposed ordinance 25-9. If approved at first reading, a second reading of and final adoption hearing will be scheduled for November 3rd, 2025 at 9:00 a.m. or another time identified by town council. This is an ordinance of
the town of Fort Myers Beach, Florida, amending section 34-232 required hearings of division 5 public hearings and review of article 2 zoning procedures and chapter 34 zoning districts design standards and nonconformities to require only one
public hearing before the local planning agency, the LPA, for special exceptions that only receive like for-like structures that were existing prior to a natural disaster event. If the decision by eligible members of the LPA is unanimous and the town clerk does not receive a request for additional public
hearings before the town council from anyone including town staff within 10 days after the LPA decision provided for codifications, severability, scriveners errors, conflicts of law, and an effective date. Jason, >> uh, no, you read that very well. Thank
you. Um, just a land development code amendment to change the process. Um we'll probably talk process a lot over the next few months as we tweak the land development codes and all that but this is before use for that like for like uh similar to the variances process that you created for the variances. Um and I
would challenge you to think of this and even further going further with some of these processes if you wish. >> I can add a little bit more. Um I think it was at one of your M&P meetings um that you discussed the um option that
you had to delegate specific land use decisions to the LPA uh for final agency action. And at that time we moved forward with the variances and basically uh they could approve variances based on
um the members present who were eligible to vote. If there was not an objection raised with the town clerk within 10 days, then that would constitute final agency action. And then that allowed the property owner to go ahead and move forward with their um proposed
development. this opens up that door a little bit more uh as far as special exceptions because again it it's kind of a very similar situation that we find ourselves in where the LPA unanimously
uh approves a special exception specifically like for like structures then it comes back to you so there's a delay period there so this proposal is um the first reading and just basically
expanding that opportunity to somewhat fasttrack some of these proposals. >> I think it's very good. Any any suggestions you have besides this, I'm sure we would be more than open to listening to. Okay. >> Anything we can do to alleviate staff time for something that is a like
forlike situation, >> to me seems like a no-brainer. >> Vice Mayor, >> I I think this is particularly appropriate coming up today. So, we we've just affirmed how important the LPA has been since the storm. Uh, I commend our town attorney and Jason both
for bringing this forward. Uh, I was have been a proponent of this concept of uncontroversial items be a being able to be dealt with at the LPA level. Uh I was told uh before Ian uh by our previous town council that that that just was
difficult to do and uh our new town attorney has figured out a way and I think that way has not only served the residents well, the businesses well but also the town uh governance structure as well. So I appreciate this additional step and I I join with the mayor and look for additional steps as well.
>> Councelor King, questions for Jason? >> Nothing. >> Councilor Woodson, >> I'm good. >> Councelor's efforts. Yeah, I think anytime I mean look at Mr. Nusbomb here. Good thing it was a by-week, huh? You prepare >> and you weren't playing the Browns. >> Ouch. Yeah, I think anything that can
streamline reduce costs on their end, speed up the rebuilding process is a win-win for everybody. So Jason, you know, as vice mayor said, I if you find anything else that will streamline the process, reduce costs, and get us get
shovels in the ground, I'd appreciate it. We'll push until you push back. How about that? >> Yeah, >> we'll try that approach. >> All right. Thank you. >> All right. Public comment. Is there any members of the public who would like to comment on this matter? If so, please
come forward to the podium and identify yourself, provide your address, and whether you were sworn in. >> Mr. >> Hi, Dave Nusbomb, 66 Tennis Boulevard. Briefly, I think this is fantastic.
I think anything we can do to expedite rebuilding um I can tell you just to rebuild our tiki hut which is a classic example and thank you for the approval um has been a long process and anything
that can be done for the condominiums for the homeowners anyone on this beach recovering that speeds that process up I hardly endorse and uh hope that you push this along and open as many doors as you
can. Thank you. >> Thank you. >> Anyone else comment? Public comment. >> Mayor, may I say one more thing? >> Absolutely. >> Um so the process as far as the variances has worked very very well with the LPA. Um, and I also wanted to
mention that their resolutions which are final agency action, those are available from the clerk on the website. >> Very good. All right. With that, I will close the public hearing and I will now
ask a request to discussion or motion from town council to approve. Approve with conditions, deny with reasons, or a continuence to a time certain. >> Mr. Mayor, yes. I move approval of ordinance 25-9. >> All right. Second >> a motion by Vice Mayor Adhalt. Second by councelor Saffford. Any further
discussion? >> Vice Mayalt >> I. >> Councelor Safford >> I. >> Councelor Woodson >> I. >> Councelor Kane >> I. >> And I'm an I as well. That motion carries unanimously. >> Uh before we move to our administrative agenda, do we anyone need a comfort break? >> Yes.
>> Okay. We will take a 10-minute break. Come back at 11:50. All right, we're going to call this meeting back to order. It is 11:52. We are on to our consent agenda. The first item is a resolution of the town
council of the town of Fort Murray. Huh? >> Administrative. >> Administrator. What did I say? >> Consent. >> Oh, I'm sorry. Administrative agenda. Thank you. >> But we consent to the administrative agenda. >> I well I appreciate it. A lot of stuff to read. Uh a resolute this is a resolution of the town council of the
town of Fort Myers Beach, Florida, approving 16 individual professional service agreement with the following firms which were negotiated by town staff as directed by the town council on August 18th, 2025 in response to RFQ-24-06-
entitled ongoing miscellaneous professional services. One, AIM Engineering and Surveying. Two, Axis Infrastructure LLC. Three, Bert Hill Pollock Craig. Four, CAP government. Five, Coastal Engineering. Six, Msite,
Inc. Seven, GMA Architects and Planners. Eight, GraphUSA. Nine, Haley Ward. 10, Hans Wilson. 11, Hyatt Survey Services. 12, Jezer Jes Group. 13, Johnson
Engineering. 14 Jun Jr. Evans Engineering, 15 K2M Design, and 16 Radis International, authorizing the town managed to execute an agreement with each of the top ranked firms for each category of work within the request for qualifications and which were
successfully negotiated and providing for an effective date. >> Tom Manager. >> Thank you, Mr. Mayor. Yes, as as directed by the town council, uh the staff had negotiated with uh to date 16 has finished negotiation with 16 and 32 professional service firms that that
have been uh completed and are presented uh in the agenda for the town council approval today. >> All right, any questions? Can I add that um at your next meeting you're most likely going to have 16 more because there were a total of uh 32 and we
wanted just to make it a little bit easier as far as the processing and getting all the documents. >> Sure. >> Any questions for staff? Councelor Safford? >> Not at this time. >> Councelor Woodson, >> I have none. Thank you. >> Vice Mayo? >> None.
>> Councelor King? >> Nothing. >> I do not either. Is there a motion to approve resolution 25-7277 for ongoing miscellaneous professional services? >> So moved. >> All right. Got a motion by councelor King. >> Second. >> Seconded by councelor Safford. Any
further discussion. >> Councelor King. >> I. >> Councelor Safford. >> I. >> Uh. Councelor Woodson. >> I. >> Vice Mayor Adhalt. >> Hi. >> And I'm an eye as well. The next item is a resolution of the town council of the town of Fort Myers Beach authorizing and directing town staff to submit a funding
request to Florida Department of Environmental Protection for the Astero Island Shore Protection Project inclusive of beach maintenance, physical monitoring, and biological monitoring authorizing the use of town funds at a later date to match funding to be received from the Florida Department of
Environmental Protection and provide for an effective date. Chad, >> good afternoon. Chad Shoots, town of Fort Myers Beach. Um, so this is the local government funding request. It's an annual program that FD puts out for localities to request funding from the
state for beach projects. Uh, this funding request address a lot of the erosion um that occurred to to Helina Milton. Uh we were hoping for uh a hurricane Ian Nicole type package that
we got with the HRRGP, the hurricane recovery reimbursement grant program. Um uh that was great for us and Lee County. Um however, that did not come through. So we uh put those numbers into this uh funding request and that is what you see
in front of you. >> All right. and questions for Chad. Councelor Kane, >> I guess. Can you explain? Do you expect then this to come through or >> So, it's up in the air. Uh uh state uh
legislation um they allocate about $50 million and I believe uh so the way the LGFR works is they will get all the applications in and then rank all those uh requests and I think we're around number 13. Um the state typically uh
appropriates $50 million for that and uh what I'm hearing is that I believe it's Pineelis County uh had a sizable request of4 some odd million. So uh unless um the legislators uh extend that or make
it more um to include the lower ranking um the state may not budget for us. But, uh, my recommendation to you as staff is to at least be in the game and and ask for those fundings. Um, the statement may not appropriate for it, but um, we
don't we won't know if we don't ask. >> Sure. Okay. Thank you. >> No questions. >> Councelor wasn't. >> I have none at this time. >> Councelor Safford, >> I have none. So Chad, looks like the overall total
they're asking for is SE just over 7.7 million. Is that right? >> Uh so that's the total project. I believe the the state cost share would be about 42% of that. Um and then the TDC and the town would
be uh doing the 43 and 15%. So we have the interlocal agreement with uh TDC for the with their beach trust fund that >> um whenever we uh implement a project and award a bid uh the TDC would um
honor their ILA with us and uh provide those funds for us and then we would provide that 15% uh for that 7 million would be uh on the order of about a million dollars but I will say that this is a very conservative top-end budget based on
what we have seen uh in the market recently with some other truck haul projects. >> All right. Very good. Thank you. All right. Is there a motion for resolution 25297? >> So move, mayor. >> Good motion by councelor King. I'll
second. Any further discussion? Councelor King. >> I vice Mayville. >> I councelor Woodson. >> Hi. >> Councelor Safford. >> Hi. >> Motion carries unanimously. Thanks Chad. Thank you. >> Uh, next is a request to hold a special event with alcohol on Sunday, October
19th on the beach adjacent to Crescent Beach Park. Good afternoon. Now, uh, Brianna Gates with Faithful Weddings. So, we have a post-wedding uh, beach party and looking for approval for the open container
waiver. From what time to what time? It looks like it's >> Yes. So, the event with guests will be from 11:00 a.m. to um alcohol will be served until 400 pm, but guests will depart at 5:00 p.m. >> It just says adjacent to
>> So, we'll be using the beach front that is in front of the Crescent Family Park. >> Got it. >> Questions for the applicant? >> Just some further clarifying information if it's all right, Mr. Mayor. Yeah. Um
the uh the we've also gotten from the the planners and information that guests will be transported from a hotel in Fort Myers dropped off at Crescent Beach Park bus stop. >> Buses will then park off site until pickup time. Food and beverages service will be provided by licensed vendors.
>> Um the Twisted Trotder will supply, right? That's correct. A full bar bartender and beverages catering will include uh food items as well. >> And are they responsible for all the cleanup? Staff's not going to have to go behind and clean all this up. >> That's correct. >> Okay.
>> Any questions for staff or the applicant? John? >> None. >> Vice Mayor? >> None. >> Councelor Woodson, >> I'm good. >> Councelor Safford, >> I have to ask why why it's such last minute. >> Um, we initially were being put on for the September 6th, I think it was,
council meeting. And then she res Tracy rescheduled me until the last one, but I wasn't in town. Um, so this is why this was the date that they gave. >> Well, that's a way better answer than I was expecting. So, >> good. >> I'm glad I asked. >> I tried to be here a month ago.
>> Okay, fair enough. >> All right. Thank you. >> Mhm. Thank you. >> Any further discussion or a motion for the special event? No. >> Some moved. >> All right. Got a motion by councelor Woodson.
>> Second. Seconded by councelor King. Any further discussion? >> Councelor Woodson >> I. >> Councelor King. >> Hi. >> Vice Mayor Adho. >> Hi. >> Councelor Safford. >> I. >> I'm an I as well. That motion carries unanimously. Next we have uh RFQ-25-10-
A. Reject and cancel the RFQ-25-10- A qualification proposal for the Fort Myers Beach Engineering Architectural Services Bay Oaks Community Pool Rehabilitation Project with cause due to lack of adequate compet competition as provided in the request for
qualifications and sections 2-480I12 and 2-480H5E of the town code and provide direction to staff to rebuild the project. >> Frankie, >> good afternoon. Frankie Kapach, uh, community development director. Um, it
was the selections committee uh advice to uh not continue with this the applicant that we received uh based on qualifications and uh the interviewing questions that they they had. Um, so in conversation with the the county, this is a procedure that we'd have to go
through and have you formally accept that that we uh did not want that applicant uh on th those grounds so we can continue and move forward. Uh there's a few avenues that we're currently exploring with the the county as far as maybe an expedient way of getting out for rebidding or maybe
reaching out to prior people that had bid. uh early in the the the game when we had to have three bids and we only received two. So, >> okay. So, you're just looking for us to give direction to reject this?
>> We we have to formally re reject this bid. Yes. So, we can move on. >> Just give you direction to go out for rebid. >> Yes, sir. >> Got it. Any questions for Frankie? Council Staffford? >> Not at this time. >> Council Woodson, >> how long will this whole process take again?
hopefully doesn't put us back more than 30 days. Um, and in the grand scheme of things, that doesn't really equate to much. Um, we're, like I said, we're working with our county partners right now to see if there's an expedient way to to get to that point. Uh, so we can close that distance. Um, we'll find out
on Wednesday morning when we have our weekly call with the county. >> Okay. Thank you, >> Vice Mayor Arrow. >> No, councelor King. >> Nothing. >> Nothing for me. Thanks, Frankie. >> Thank you. >> All right. Any further discussion or a motion on RFQ25-10?
I will move to approve the rejection and cancel the RFQ25-10- A >> second. >> And direct staff to go off rebid. >> Second. >> All right. Got a motion by Mayor Ally, seconded by Vice Mayor Aderhalt. Any further discussion? I'm an I. Uh, Vice
Mayor Adhalt. Hi. >> Councelor King. Hi. >> Councelor Woodson. Hi. >> And councelor Safford. Hi. The motion carries unanimously. Last is a request for the reconsideration of a required condition in resolution 25-294
associated with SEZ2050149 for the property located at 4750 EO Boulevard was timely submitted to the town of on September 24th, 2025 by Brian Campbell on behalf of the shores of Fort Myers Beach Condominium Association,
Inc. The applicant is requesting that town council revise the sea turtle protection condition to allow for peer construction during sea turtle nesting season subject to specific environmental safeguards. The proposed revision would require the applicant to obtain a permit from the Florida Fish and Wildlife
Conservation Commission FWC authorizing a marine turtle permit holder to relocate nests within a designated construction corridor necessary for the project. The corridor would be limited to minimum width required for equipment and materials transport. Construction activities would be restricted to
daylight hours with daily monitoring of nesting activity by the FWC marine turtle permit holder before work begins each day. No exterior nighttime lighting would be permitted. If nighttime work is needed, the applicant would would be required to obtain additional
authorization and comply with any further conditions. This request seeks a balance to balance environmental protection with the practical needs of the construction timeline. The applicant did not attend the hearing when the special exception was approved or would have made the request at the time. If
town council would like to reconsider the matter, a motion should be made to schedule the rehearing and re regarding the condition at issue. Nancy. >> So, the matter that's before you today
is um at the request of the applicant uh which was timely received whether or not you would be willing to revisit your prior approval which contained this particular uh restriction and requirement. So, today is really your
your requested action is just the scheduling of it >> of the reharing >> of the reharing. Correct. Okay. >> So, so if if I may, so we're scheduling a reharing. We're not affirming nor denying. We're scheduling a rehearing.
>> Correct. It is a two-step process. >> Okay. It It was an easier way to do this than to go back through the whole process >> and to amend the condition. >> And I and I believe the goal is to be the same as what you did today earlier with those conditions. >> That's fine. You think he'll show up at
the next one? >> They're here. >> Okay. >> Yeah. representative is here for that. >> All right. Awesome. >> Any questions for >> Ideally, it would be the for the 20th, I guess, if that's possible. Nancy, I don't know if the date is obviously because of the sea turtle season. >> She's spiring.
>> Well, it it's this rescheduling date at this point. >> Yes. I'm sorry. >> So, that if it's agreeable to council would be at your next meeting in order to keep the project moving forward. >> Okay. Would you like to come up and say something? >> Yeah.
>> Hi, my name is Serena Cantou. I'm an environmental consultant with Hans Wilson and Associates here on behalf of the applicant. Um, and yeah, like Jason said, I was not present during the last hearing. So, we just wanted the seed sea turtle condition to be removed from the special exception approval in order for
them to get started with work. Um, we do have an executed field permit from D giving them authorization to start work. Um, so if um if it could be heard in the next hearing, we would are we were trying to expedite this for a client if possible.
>> Okay. Any questions for the applicant? John, >> nothing. Vice Mayor Councelor Woodson. >> Nothing at this time. >> Councelor Saffford, >> I have a question for Amy. Can I get on the next hearing?
especially since they're going to just we're just going to copy the materials over from the first or the last area. >> Okay. >> Oh, go ahead. >> I also wanted to add um I saw that they added language in here to obtain a marine turtle permit um for the work. Um
but I don't feel that that is necessary. All the work is um landward of the vertical seaw wall that's on the property. Um, so I don't believe obtaining a marine turtle permit from FWC is necessary um when we do have state authorization. Uh, there's no um
sea turtle nests in the vicinity either. So if I I guess my question is if that could be >> so that is >> similar to the other project. >> Yes. So basically you're adding that to your uh request for reconsideration of two items rather than just the one.
>> Yes. >> Okay. Thank you. Thank you, >> Chad. Did you hear all that? Do you agree with her assessment? >> Chad shoots for the record. >> Turn the mic on.
>> Press the button. >> Chad shoots for the record. Uh, I think I heard most of it. Um, I understand it may not be necessary. I would just lay it off to FWC. Whatever FWC, they're the keepers of the rule. they require a permit in there or relocation permit in
there for as a part of the FD permit, then great. If not, um, let FWC make that decision. >> Fair enough. >> And should be pretty straightforward. >> All right. Thanks, Chad. >> Are there any other questions for the applicant or staff at this time? If not,
is there a motion to approve or deny SEZ 20250149 >> for reharing? for rehearing. Thank you. See, you're good. I will make a motion to approve uh for the rehearing of SEC 20250149
at the earliest possible meeting that the town clerk can manage to handle. >> Second. >> All right. Motion by Mayor Ally, second by councelor King. Any further discussion? >> I'm an I. Councelor King. >> Hi. >> Vice Mayor Arh. >> Hi. >> Councelor Woodson. >> Hi. >> Councelor Safford. Hi. And motion
carries unanimously. >> Final public comment. Howie got anything to say? >> Thank you all for everything you do. >> Really, I appreciate everybody that sits through this every month. >> Twice a month.
>> Well, on that twice a month on that, we're going to close public comment. >> Uh town manager items. >> Thank you, Mr. Mayor. Councilors, uh just a few things to to cover here to uh to update the council on. Uh a reminder
to uh the council and to the public that uh um this coming Friday at 2 p.m. at St. Leo the Great in Bonita Springs will be a public hearing, a public uh revealing by u the bishop of the um
Dascese of Venice on the plans for rebuilding the Ascension Parish here on the island. Uh again, 2 p.m. Friday, this coming Friday at St. Leo the Great. Um, we thanks to our HR staff. We had a mammogram bus here last week. Uh, really
a great great participation and we really appreciate HR setting that up for our for our staff. Um, especially since uh this month is breast cancer awareness month. So, thank you and would like to acknowledge them for that. I had a great opportunity and I'd like to thank the
women's club for scheduling their uh their meeting uh in our new town hall here uh last week and inviting me to speak. It was a great opportunity for me to meet the board members and the rest of the women's club members uh and really appreciate that engagement. Uh an
update on uh emergency temporary placement permits. Uh so far we've received approximately 50 applications. We're working our way through those. The staff is uh being very diligent working through those and communicating with the applicants, making sure that they have
everything necessary for uh for consideration. So far I've approved eight. They're a mix of commercial and residential and uh so far 12 have been denied uh and e either denied completely or sent back uh with further questions
to the applicants. Uh really most of the reasons uh for this would be uh they have no redevelopment plans that they've shown or demonstrated to uh to us. They it is not their primary residence. uh the temporary structure is not
registered uh or it doesn't meet the zoning requirements for the property that it's on. Um and those are pretty much uh wanted to update you all on those and also for the public to know that those are just some of the things uh as outlined in the ETP application itself that are required for
consideration for approval. That's all I have in town manager items. >> All right. Anybody have any vice mayor? >> Mr. Mayor. >> Yeah. We have one more thing to add to the town manager's items. >> That is correct. Uh I stand corrected.
Um we need we had a um a slight mixup in one of the applicants for um for one of our committee sale cab specifically. So uh we need to ask the council to to reconsider >> um that uh those appointments and uh and
bring back since there was one that didn't make the list today that should have been on the list today. Amy and Nancy can further discuss. >> Yes, we one of them got inadvertently left off. So, we'd like you to
>> reconsider your earlier vote um and schedule a revote basically at your next meeting so that that individual would also have an opportunity for your consideration for uh participation. >> And that individual did meet the timeline for application. >> They did meet the timeline. It's not not
through fault of the individual. >> Correct. The next meeting, your next meeting will be on the 20th and SECAP does not meet again until the 23rd. >> And the request for the reconsideration is taking place at the same meeting where you made your initial vote, unlike
the last one we just had, which was a prior meeting. >> And the the name of the other applicant, >> Carolyn McCauen. >> Okay. Thank you. >> All right. >> Yes, sir. Do you have to act on that or do we I have different
>> Yes, you would need a a motion to reconsider your earlier vote and to reschedu the appointment to sell cab at the Octoberth 20th u public meeting. >> Mr. Mayor, I'll make that motion. And I think I think I heard you say Carolyn
McGawan. Is that right? Carolyn's husband is the one who was the person who wrote the book on the Moundhouse. So, I think this is certainly worthy of our consideration. All right, got a motion by Vice Mayor Erhalt. >> I'll second. >> Second by councelor Woodson. >> Any further discussion?
>> Vice Mayor Ederhol. >> I. >> Councelor Woodson >> I. >> Councelor Safford. >> I councelor King. >> I motion carries unanimously. >> Thank you. >> Go ahead with your question. >> Uh Mr. town manager and and madam town attorney. I uh
I continue as I sure as I'm sure my colleagues and the rest of this community to be frustrated with the lack of progress at Kestero and Crate Plaza. I know there are complex
uh uh issues that surround both of those uh malls if you for lack of a better term. Uh, and I know there's litigation pending. Um, I know just enough to be dangerous, but
I also know that these two uh facilities are really hurting our community with respect to office space incubators for small businesses, medical offices, place to get your haircut, florist, etc.
Small businesses on our island. There's a very there's there's an extreme shortage of space and these are in prime locations and I know there's longseated tensions between the uh ownership and the town
and I wondered if we could give our town manager assuming that the town attorney is comfortable with this because he is new and there's advantages to being new maybe a fresh conversation with the owner of these properties uh and to see
if we could reach some kind of a settlement agreement. not condoning any of the behavior of the past, but for the good of the order and and and for the benefit of getting these properties activated again, I wondered if everyone would be comfortable, including our town
attorney, with making another run at uh just rebuilding that relationship and seeing if in some kind of a settlement could be arrived at that could foster those both of those key properties on our island to once again uh be fertile
with small businesses. So, council, um I have no objection to um our town manager meeting with the property owner. Um my concern would be, however, should the property owner's attorney also be present because of the pending litigation that we have, I would
also ask that I also participate in that event. Um, just to put it a little bit in context, um, the status of the case right now is that we do have an order from our special magistrate finding that there was a violation of your code that
has been appealed uh by uh the owner of Kister and um the parties have filed the required briefs. We are simply waiting on the court to um to render a decision on it. Um
that's basically where we are on the status as far as the litigation. Should the matter be amanable to some type of resolution through a discussion, um we would support that as well. Um those are my comments.
Can I also just ask is are you saying with this vice mayor, are you just talking about the one owner that owns both of these or what about the furniture store as well which has basically stopped everything um as far
as building or doing it's been sitting vacant and empty for months. Well, that's a fair question that the two properties in question that I referenced uh potentially could could house over a dozen new small businesses. I don't know
what the situation is why that's stagnant on the other ownership dynamic but this particular sit person is in litigation with the town has been for I think since I've been on the LPA and or had some kind of conflict with the town
and I just thought maybe with a new town manager taking a fresh approach with our council with their council sitting down working through the issues if there's a way obviously one of the conditions would be to renovate those those uh strip malls, for lack of a better term,
plazas, uh, so we can again have options for small businesses that are that are, you know, we we really need in so many different capacities to come back. I that that's that's all I'm putting forward today. just to take a stab at it may it may not bear fruit. But again,
one of the advantages of having somebody brand new without any biases or any history with the uh the uh person that we've been in dispute with, maybe that uh along with their family, maybe they could maybe, you know, Will could work
some miracles. I don't know. I just I just see those properties languishing there and it's uh I think it's really hurting our island. Well, I'm certainly all for any kind of communication if it if it works. I mean, I there's nothing holding him up from getting people in there now, but if a
discussion never hurts, >> I'm more than willing to give it a shot. >> I just wanted to get consent on that. I >> I agree. Uh, the other question I had was it's one that's been asked uh over the last
few weeks on social media and and I just wanted to just give Will andor Frankie or or Jeff an opportunity to respond. And again, I'm not I'm not I'm not opining one way or the other. Just more curious the the various dirt piles on the town hall property. What are they
and what's the timeline for them to go away? I I I'm I'm sure there's a good reason for it, but I just just from anformational standpoint, just a little detail might be helpful. >> Sure. Uh Jeff Hoggy, community services director, town of Fort Myers Beach. Uh the the piles you see were are left over
from when they started to re redo uh Bay Oaks uh park. So that was additional material that was crushed or additional material that was down at Bay Oaks Park. So I've been in in contact with uh the company that that did that for us uh to see when we're going to remove them. our
our goal is to have it removed as soon as we can. Now, I I have had initial conversations, so it's just going to take a little time to get it removed, but I'd say it it's well on its way, and I know that some of it has already been removed, but I we'll be getting those out of there. I'd say relatively soon. >> Thank you, Jeff. And Jeff, is this
forgive my ignorance, but is this something that someone would we have to pay to remove or in order to get the materials, they'll remove them for free or how does it work? What's the business? >> It's their material, so they would remove it. >> Okay. So, it's they they're they're responsible for for the materials as part of their contract.
>> Yeah. Cuz part of the contract was to um remove any debris that was down in the >> Is there any value in any of those any of those piles? Is there >> Yeah, I mean, yeah, it's all stuff that someone could buy to either redo
um you know, some roadways. It's it could it's compacted concrete some of it. So, if you put it down, it'd be good for a parking lot or or whatever it is. So, >> Okay. Thank you. >> Anything else? >> No. >> Anybody else have anything for the town manager?
>> No town attorney items. >> So, I have quite a number of items uh today. Um and I think Becky Vos is going to join us um on Zoom to kind of help me out a little bit. Um but the first item on your agenda is a proposed settlement
agreement. Um this is the approval of a settlement agreement in the case styled uh Paris Kamar uh Parish Patel versus the town of Fort Meyer speech. This is case number two dash or 2 colon 24- CV-0000353-
SPN filed in the US District Court of Appeals. Oh, excuse me, the US District Court Middle District of Florida, the Fort Myers Division, and a copy of the proposed settlement agreement is included in your agenda materials. I don't know, is Becky on the line with
us? No, she's not. Well, I can tell you that your settlement agreement is in the packet and basically the um the allegations were that the town basically
did not provide uh overtime benefits to him. Um and I think he had some other claims as well and there was no basis to it. Um this had been lingering for a little bit uh quite some time and so the parties got together and decided that
the best would be to go ahead and uh discuss the possibility of a settlement. There she is. Hi Becky. Um and uh the amount for consideration is in paragraph two. >> Yes, I am. >> Can you hear us?
little leg. >> I'm I'm gonna keep talking and she'll tell me to be quiet in a minute. Um, paragraph two has your um the amount of the settlement is the um $50,000 and of that um there's the division of
the payable um amount. I do want to emphasize that in paragraph uh we did get a release in paragraph four but in paragraph five it's important to note that um the party the defendant is solely uh entering into the agreement to avoid the cost of continuing
um litigation and that there's no admission of of guilt uh or liability on the part of the town uh by entering into this um settlement agreement. So, are there questions? Um, Becky assisted with the development of the
settlement, so she's going to have more detailed information um on it. >> Hi, Becky. >> Hello. >> Questions for Becky. >> I just for Nancy or Becky to just uh just for those who might be watching and
might think this is a little odd, do you want to just explain the concept of the litigation risk to the town? And that's why we're settling or avoiding avoiding litig litigation risk. >> Okay. This was a fair labor standards
act case and those um the city it even if there were a nominal win, they could win $1,000 essentially and we would have to pay
their attorney's fees. their attorney's fees were being charged at, I believe it was 450 an hour, which I believe a federal judge all day long would approve. And
it was a very, very complex case that was going to require um a lot of depositions, a lot of um particularly town employee time. Um, already Amy can
tell you she did a unbelievable job compiling documents and I don't she could tell you better than than I could. I looked at all of them, but there were literally thousands of documents.
And when I saw the amount of documentation involved and realized that we were going to be responsible for paying the other side's attorney's fees, even if there were just a nominal
um win. And it is very difficult in these cases to get a complete win because if you are it it's unusual to get a zero verdict. Sometimes if you hit a total home run you get maybe a $5,000
verdict, but unfortunately you are stuck paying the attorney's fees. So, um I talked with Will, um about settlement and we went back and forth with the attorney on the other
side and I think that they're um we were lucky that we were able to settle it early because I don't think um if we would have settled it later that there would have been much chance to
settle it for as little as we did. If if I could. >> Yes, sir. >> I'm sorry, Jim. >> No, please. >> Yeah, if if I could add, council, that uh I just want to emphasize what what the the town attorney said. This settlement uh agreement with Mr. Patel
is no way an admission of guilt or wrongdoing by the town of Fort Myers Beach or any member of the staff. Um by agreeing to this, Mr. Patel agrees um that the town bears no fault. Uh and I want to be clear on one more thing. This should not be interpreted as a reason to
question the town's unwavering commitment to our employees. We remain fully dedicated to ensuring that all staff, past, present, and future are treated with respect, fairness, and dignity. We strive to to provide an environment where the town can grow, contribute meaningfully, and feel
valued. And I'd like to give well um as town manager I believe in you know that we listen to all we hold everybody accountable and uh we work with all of our employees to uh to make sure that they have the best environment possible.
>> Thank you both town attorney and town manager. Uh this is uh the world in which we live today. I'm sure Karen can attest to this as a former human resources person. Uh this seems like very wise uh management of litigation
and avoiding litigation risk in today's world. Uh as sad as it is, it is a reality and a business decision and I think it's wisely made. >> Counc look like you're leaning in. >> Yeah, it's just a sad in my mind a sad indictment on the legal system that uh
we have to settle something just because we need to cut our losses. And I'll leave it at that. Councelor Sephford, anything you want to add? >> I want to hear from our HR expert. >> What do you think, counselor?
>> Well, honestly, I've been through more situations like this in my lifetime that I care to even remember. But um usually in every case um at least coming from Minnesota as I did it was all
pro- employee and against employer and that in this case seems to be I mean I've been brought into the loop and I believe that this is the case with this and I respect everything that everybody
went through and looking at all the details behind it. But unfortunately, it is the way of the world and to cut our losses and that's a good way to put it. I mean because we are not admitting guilt to anything and there is no guilt involved but it strictly is cutting our
losses so we don't have to spend more. >> Thank you. >> Tisa, you look you came up. Is there anything you needed to add or wanted to add? You look like she wanted to add something. >> Hi, Tisa Olivera, human resources
director. I just wanted to point out for the record that the agreement that was put in place for Pares was in May of 2022 before myself or anyone in town leadership was here and that agreement what is what was in question. I I don't think it was executed, you know, based
on HR standards, FLSA standards, and that was the the challenge. So, I just wanted to state that for the record. Thank you. >> Did you say May of 2022? >> Yes. >> Okay. >> Yes. May of 2022.
>> Still paying gift that keeps on giving. >> All right. Any other Let me ask you a question, madame attorney. Is there any requirements for um is this just a
normal vote? I guess are you looking for a vote from us just to >> I believe so. >> Just a normal vote. >> Yes. >> Okay. There's no parameters as far as requirements like there is with budgetary items. Okay. >> All right. With that, if there's nothing
else, is there a motion for the settlement agreement as proposed by the town attorney? >> So moved. >> Second. Got a motion by councelor Woodson and seconded by councelor King. Further discussion. I I just want to add
this is one of those things that I I understand the whole principle behind it, but a wise person once said to me, you need to vote and be able to go home at night and lay your head on the pillow. And this is one of those votes that although I understand it's the right thing probably to do morally and
and everything in my gut tells me that I can't vote for this just because of the way it all went down and the way that it all happened. Um I I just to me to your point John I think it just sets a precedent. It just does things that I'm not comfortable with. I I can't
support it. Although I understand it's it's the right financial decision for the town. I I I can't support the motion just because I I couldn't sleep at night if I did. All right. There's any other discussion? All right. Got councelor Woodson
>> begrudgingly. I >> councelor Kane >> I. >> Vice Mayor Adhalt >> I. >> Councelor Safford >> I. >> And I just can't I have to say nay. Motion carries un four to one. >> Next one. >> The next item um is one that just keeps
coming back. uh we had initially uh attempted to schedule uh actually the executive session. We had to cancel that. Um at the last meeting, if you recall, we were um I did do an announcement for the next or the
rescheduled um executive session. We had a court reporter um little issue that came up last time and as we were trying to put together um the materials we found that that we still had a court reporter issue. So I for the record I
need to go ahead and read the announcement again but really the only change that you're going to see is the um the name of the court reporter company. So, if I may, I'll go ahead and and read that and then um as long as you're still okay with the date and the
time, um this one can continue to move forward. Um so, this is my request uh for a litigation executive session pursuant to section 286.0118, 0118 Florida statutes to discuss settlement negotiations and strategy
related to litigation expenditures regarding the case of the town of Fort Myers Beach, Florida versus White Sand Properties of Fort Meyers Beach LLC. Case number 2025-CA-00004261 in the
uh 20th Judicial Circuit, Lee County, Florida. The exe executive session will begin at 3 p.m. on October the 20th at Fort Meyers Beach Town Hall, 6231 Eststerero Boulevard, Fort Meyers Beach, Florida 33931.
Persons attending the executive session include U. Mayor Dan Allers, Vice Mayor Jim Adhalt, Council Members John R. King, Scott Safford, and Karen Woodson. Town manager William McCanny. Town attorneys Nancy Stupitch, Becky Vos by
Zoom, Khloe Berman, and Paul Waters by Zoom. And a court reporter from Esquire Dep deposition services to be announced prior to the commencement of the executive session. The executive session will last approximately 1 hour. Um, I
also wanted to note that at the last meeting, uh, Councilman Safford indicated that he will have, um, a conflict of interest participating in the actual, um, executive session. However, I don't think you have a conflict, uh, just participating or or
approving the um the time of it. Um, also one more thing on Friday we did receive a copy of the um answer and a counter claim from White Sand Properties of Fort Myers Beach LLC. And so uh
because of the counter claim, we will probably um be discussing that at the executive session as well on our strategy um because we as the town will be defending that. Um, we may have assistance from FMIT, but that's not
100% certain. So, I'll defer to Becky, who is our litigation expert, if I misstated anything. There she is. >> You're on mute, Becky. >> I don't think you misstated anything.
>> I talk a lot. You know that. >> That's lawyers do that. So, you just need a >> Yes. So, just if you guys are still okay with having it on the 20th at 3 p.m. Um, just uh consensus would be fine.
>> Certainly. >> Consent. Consent. >> Can we say 3 p.m. or immediately following whatever our council meeting is at that time? >> That's a good question. >> Probably got to pay for the court reporter then. No, I think we I think
staff could make they can >> Yeah, >> I think it could probably >> Well, the problem would be that if your regular meeting ended at say 12:00, >> then people wouldn't know to come at 12:00 because it says 3:00 or >> Yeah.
>> So, we just have to come back. >> Yeah. >> No matter what. >> Or or could we worst case scenario if it did for some reason run till 3:00, could we recess the meeting, take up the special session, and then come back? Yes, you would be required to do that um because we've announced it at 3
>> specific time. Got it. >> Okay. >> Yeah, we have it. >> Oh, and I also want to add that um the scheduling um there is a uh hearing before the special magistrate on October the 21st
uh to discuss or to request authorization to foreclose on an additional lead. Um, so that'll be um we won't be talking about that at that time. However, strategically it it's to the town's benefit to um to have this
meeting on the 20th. >> Understood. You got consent from all the council members. Oh, did I ask Scott? I guess I didn't. >> Yes, you have my consent. >> All right. So the next item is uh resolution
25-296. This is uh for your approval a resolution of the town council of the town of Fort Myers Beach, Florida, initiating the conflict resolution procedures provided in chapter 1644 Florida statutes with the school board
of Lee County regarding a material breach of that certain interlocal agreement dated May 15, 2023 between the town and the school board of Lee County as adopted by the town in resolution 23-45. 5, directing compliance with the
Governmental Conflict Resolution Act in chapter 164, Florida Statutes, authorizing the town manager to provide notice to school board uh of Lee County Superintendent Denise M. Carlin of the initiation of the conflict resolution
process, including the date and location for the conflict resolution meeting and providing for an and providing an effective date. So this resolution is the one um that was provided to you earlier this morning with a strike and
inserts regarding some requested changes by the uh citizens group or or the parents as uh Mr. Vaness mentioned earlier. >> The ad hoc committees. >> Yes, the ad hoc committee. Correct. Um and I don't have any I don't think Becky
does either any objections to any of their proposed changes. Um, if you are in agreement, we would be asking for um a date, time, and location and who you would want to be present at that meeting.
>> Okay. So, you want to first do we have to take a vote on this resolution? >> Nancy or Becky >> assessment is we do need a vote on the resolution. Do we need to set the details first as far as date and
attendees versus >> I think so. We do have some um blanks in the resolution that we would want to fill in. Uh that resolution would be provided to the school board so they would know >> if we can't figure out the dates and the
times right now. We can go ahead and just pass it as is and direct the town manager to fill in those appropriate times once he has figured out
what the appropriate times are. >> If I could start with the lowhanging fruit on the blanks. Uh I feel very strongly that we have this meeting here at our brand new town hall meeting. Uh, I know my colleagues and myself and many
parents and concerned citizens have driven the hour and 15 minutes out to the Lee County School District for God only knows how many meetings that have most recently borne little fruit that I
think that uh to have them come here would be of great convenience most importantly to our parents and kids and uh and I would feel strongly that the meeting location be here in our beautiful new town hall chamber. >> I agree with that.
>> I totally agree. And if we're talking about who should be there, I mean, Vice Mayor Adder Halt has had the most consistent meeting information. I think with anything, I'm not sure if we can have more than one. And I think if we
have more than one, it should be Vice Mayor Ad Holtz and then Mayor Dan Allers um along with town attorney and anyone else who needs to be involved. But um and I would I would think that that would also be the deputy town manager.
>> Absolutely. >> So as far as multiple um participation by council members, as long as we advertise it um as a public meeting, it it's not a problem. I I don't have Yeah. So >> that's fine.
>> Fine by me. >> I think the more the more of us the better. >> I think I think you're you're spot on with that. Um we both have had lengthy conversations with the school board superintendent and board members where I haven't been involved because he's been
there or vice versa. Um, as long as Becky and Nancy don't have an issue with with us both being at there, I' I'd be happy to be there. >> Okay. Um, and so a date and the time I think Becky, I heard you say we'll defer to Will.
>> Before we do that, could we just get a sense just from your legal uh parameters, would this is there do we have to give them x amount of time notice? In other words, does this need to be in October? Would it be in November? Can you at least give us the
parameter of when sort of procedurally what would be the expectation of when that date might be? So, the earliest um so what will happen um based on Florida statutes after should you pass this resolution um we do
have a five-day period to provide a more detailed uh letter to the superintendent. Um advising her that you did adopt the resolution advising her of a date, time, and place. Um, subsequent to that, there
is a 10-day period that the um, school board has to respond uh, to our request and also um, file their own request for a conflict resolution. >> So, are you looking at
>> probably 15 days? I would say something after 15 days after today if you wanted to u calendar days. I think it's more powerful we actually include a date and a time. And Mr. Mayor, I don't know if you have your calendar handy. >> I do.
>> Uh but but I was thinking uh just to give everyone the time they need to to get organized. Um I was thinking potentially that November 3rd in the afternoon because we know we have a town meeting on the 3. Uh then we know the mayor and I will be here. Uh, and
obviously staff will be here and uh, if it's later in the afternoon, maybe some parents can come by from the ad hoc committee or other interested parents. >> So, we keep that, >> but I'm just just throwing that out as a starting point. Maybe that November 3rd in the afternoon because we've already kind of set our
day aside for the town meeting. >> What do you think, Mr. Mayor? >> Yeah, that's fine. Or sooner. I mean, the 23rd or the week of the 27th through the 30th >> works for me. Or November 3rd. I'm flexible. I'd love the idea of doing it on a town meeting day where I've know I've kind of set the day aside.
>> Okay. >> Um but we could do it on the 20th in the evening or or later in the day. I don't know how long that executive session will go. >> An hour. So we could do it at four o'clock on the on Monday or on Monday the 20th.
>> Give us >> Do we know when the school board has their meetings? I think that the 20th is only going to be 19 days, I think. >> Oh, maybe maybe we're better. >> I think it was more like 14 days. >> Give you a little time to do what you
need to do with that letter. >> I'm fine with the third. >> So, I've also been advised by um Jason Green that that is our day for the comp plan. if you want to comment on that as far as agenda management
>> and everything that had happened today um >> will also be on that agenda. >> Yeah. So we're trying to limit that agenda. >> Are you talking about on the third Jason? >> Yeah. The third is supposed to be the comp plan and impact fee.
>> Oh and then everything from today. >> And everything today. >> Yeah. I I could uh >> Can you do anything in the last week of October? >> I could uh I'm just not going to be here for part of that time. >> I could do it on the 21st. >> It's like the 28th or 29th or
>> Yeah, I'm going to be gone. >> You're going to be gone? Okay. >> Uh >> then maybe we just do it on the 6th after the MMP meeting. >> Yeah. >> Does that work? Uh >> the 21st we have the uh code enforcement hearing on white sand.
first code enforcement hearing. >> Let's go. Yeah. >> And what about November 6th? >> November 6th. Yeah, I may be calling in for that M&P meeting. That's my challenge. Uh >> we also have the strategic plan meeting that day.
>> What about Wednesday the 5th? >> I I'm fine on the 5th. >> Well, how does your schedule work? That's the day after. >> Well, >> November 5th looks good. And there's no school board meetings that that week either >> in the afternoon. We have DOA magistrate that morning.
>> Is it DOA or >> or Well, we have special magistrate in the morning, but >> we could do afternoon. >> Afternoon on the 5th. >> Afternoon on the 5th. >> Let's do early afternoon on the 5th. >> And you'll let us know time whenever.
>> Or do we set a time now? We if you could set a time now it puts it in stone and >> one o'clock >> one o'clock. >> Okay. >> 1:00 on the 5th. Can just procedurally for those parents who might be watching in a mediation structure such as this would the parents
or the interlocal committee parents be able to participate? What how does it work procedurally? Is there public comment? How does what what what happens procedurally in this mediation in terms of outside involvement? Is it I know it's is it public first of all?
>> Yes, it is public and that that is really the difference from all these other meetings that have been happening um somewhat with individuals with in strategic positions. Um but this will bring that discussion uh into the public
realm. As far as the limits of the public participation, I I need to look into that. >> What because it's going to be public, can the school board essentially tell us that they they don't want this meeting or are they going to be required by state statute to have to have this meeting
based on what we're potentially approving right now? question. >> They will have to participate, but the timing of it, they may say that they already had something scheduled for them
or they can't get their act together in that quickly. >> So, I think there's possibly going to be some um flexibility. There needs to be some flexibility with the time, but they are
under an obligation to you know take this seriously and actually go through the process. >> I think I think if we leave some flexibility with the time like Becky is suggesting on that day. There is one thing on the school on there is a on the
school board calendar a special uh committee labor management meeting that Dr. Kohler says normally the superintendent does not participate in. We I wouldn't that's not up to us to decide. So that's that could be something where they would say we can't participate and that's at two in the
afternoon. So that that you know if we leave it open where they the date and maybe a time that works for both of us could be worked out. >> Becky uh is it been your experience uh in these types of situations when
municipalities are in conflict for lack of a more diplomatic term? uh who who serves as the mediator and is it binding arbitration or how does it work procedurally? >> No. Okay. This first meeting is
essentially we're there to negotiate and and after that we can have a mediator which it should there should be a mediator involved unless it would be wonderful if everything could be
resolved at the first meeting but I I will tell you about 20 years ago 25 years ago now um I was a certified circuit court mediator and a lot of my mediations were mediating these types of
disputes. And when you were asking how much participation can there be with regard to you know it at the first one and at the second one with the mediator um of the public. It really
it depends upon just how how it flows and if the elected officials want to have participation from the public, they can't take it hostage, but um usually that would be allowed.
>> Very good. But it I I've done a bunch of them and I don't I can tell you that not um I don't know that I ever did two that looked just the same. You know, it just depends on the public bodies, you know, how the subject matter, you know, how it
all shook out. So, it'll be interesting how how it will um how it will flow. I I would be remiss if I didn't take a minute to say particularly since item D is the VO law amendment resolution renewing your contract uh I can tell uh
the public definitively that our our uh town attorney at least part of the wonderful pair of town attorneys and team that we have uh spent her weekend talking to wonderful uh concerned parents who are on the ad hoc committee seeking their input uh putting their
their concerns and language into the resolution uh talking to all the various parties involved uh from the school's perspective and uh and doing all this over the weekend on Sunday and in in preparation for our meeting today. So, and that's that is part for the course
from the legal council that we have had since hurricane Ian. >> All right. Do you need us to vote on this resolution then Nancy based on the times that we we need to adjust the times or just keep it at that for now? I'm fine with keeping it for the
November 6th at one o'clock with >> 5th. >> November 5th at one o'clock and then we can work it out after that. >> So November 5th at 1:00 and participating would be the mayor and the vice mayor and it's at town hall.
>> Correct. >> Correct. >> Okay. So motion to uh approve the resolution with those items. >> And I'm sorry, just want to just procedural question, Becky. Would that be something that the town would uh broadcast? >> Um, yes, definitely. It could definitely
be broadcast >> just for the public to have greater access. >> And I think that's a good idea because the whole idea when Nancy and I were talking about how this, you know, the idea of bringing this resolution to you,
um, we need to get all this in front of the public. Um, when Will had I think he had just been there maybe a week when we had a meeting with the school board and it was behind
closed doors. It was I didn't believe it was satisfactory at all and I don't believe he thought it was um you know this this needs to get out there you know in front of the parents in front of the public in front
of the voters frankly. >> Thank you. Well said. >> So, I I'd encourage it to be um livereamed. >> Well said. >> I would just add for the record, uh Becky, thank you. But yeah, that was a meeting with the school superintendent, not with the board, but just that she's referring to just for the record. Beck,
>> definitely definitely it was with the school superintendent. >> All right. Well, I will gladly make the motion to approve uh the resolution as amended with dates and times and attendees. >> Second. We got a motion by Mayor Aller, seconded by uh Vice Mayor Adhalt. Any
further discussion? I'm an I. Vice Mayo. >> I councelor King. >> I councelor Woodson. >> I councelor Saffford. >> Hi. >> Motion carries unanimously. >> And then your final. >> So the next item is resolution 25-295, the vote law amendment. This is a
resolution of the town council of the town of Fort Myers Beach, Florida, amending the agreement for town attorney services with the Vos law firm as requested by letter from the firm dated July 8th, 2025 to increase the monthly
fee for legal services, authorizing the mayor to sign the amendment, and providing for an effective date. >> All right. Anyone have any questions? It's pretty straightforward in there. I don't know if anybody has any questions for staff
or for Becky or Nancy. John, >> I have no questions. >> Vice Mayor, >> I'm going to continue on with the love fest that I was just uh doing a minute ago. Uh I have uh had the privilege of serving in senior levels at the federal
and state level. I have uh worked with some of the finest uh uh law firms in Indiana and on municipal and governmental matters. And uh uh I would just say that our town attorney uh I'll
use the word team because it is a team of attorneys in this law firm. Uh I I would just say it's difficult for the public to see what we see uh behind the scenes. Uh I uh not only have they more than covered their fees in terms of
uh uh various litigation that they've been involved uh involved in on behalf of the town, but what I think the public doesn't see is their dedication to Fort Myers Beach. The the incredible experience that they have as professionals. Uh the demeanor and
attention to detail that they have. I'm amazed and and and I think this this will be a piece that'll be difficult to ever have the public explain how much this town especially post has saved as a result of their council. These would be
uh litigation that was never filed because mistakes were caught. Advice was given. Uh advice was heeded uh by the town. Uh deescalation was was uh was utilized with potential litigants.
uh their strategy, their again uh just this their whole approach to service to me has been exemplary and uh I'm thankful for that we made the change after Hurricane Ian. Uh I commend those that helped us to make that change and I
am so thankful that this is the firm that we ended up with because I think the town has been very well served. >> Yeah, very well said. I'll just uh piggyback a little bit. I've had uh the luxury or the ability to sit in in
mediations with both our previous attorney and firm and our current firm. And to tell you there is a night and day difference between the preparation, the amount of commitment from the entire staff at the Voss law firm that has put into these mediations was quite
remarkable. Um, and the way they kept it professional about the facts of the case and not a uh so much personal part of it to me is just it's it's not even close. And the amount of time to your point, Vice Mayor, that they have spent in the
background unwinding contracts and things that were uh so far out of whack that uh people that have been in municipal business for a long time can't understand uh how that was how things operated. But u I you have my full
support. Uh your your team is exceptional. >> Councelor Woodson. >> Yeah, I'll just add to that for the public. Um I mean I think when you were hired, you you were given a pile of
things that had either gone um just set aside, not dealt with, unwarranted, whatever it may be. Um, in the past whenever we've had any kind of legal disputes, we paid an hourly rate
for in addition to that contract for our attorney and >> even phone calls. >> Even phone calls every time we talked to them, which votes is not the case. Um, and so I'm I would even probably go on a limb and say you lost money with us the
first year, but I won't say that far. But Becky's agreeing with me. Um, but I am in full support of this. >> Councelor Seafford. >> Well, there's not much more to add. Um, I want to want to thank you. I I echoing
what uh councelor Woodson says, I I having been on the LPA, not on the town council, but just just seeing the night and day difference. Um, you know, and you get what you pay for, and I I think what we're getting is a Ferrari, not a >> Ford pickup.
>> Well, I'm not going to disparrage any other making model, but uh I think I think it's money well spent. >> Mayor, just um since you asked for a question, I didn't have any questions, but um I I wholeheartedly agree with
what u my peers have said. Um, I can't thank the you enough for all you've done for this town. It's very apparent uh how much how important this is to you as much so if not more so than than we sitting here ourselves. So, thank you so
very much and I too will support this. >> All right. With that, is there a motion to approve resolution 25-295 the Voss Law Firm amendment? >> So, can we say something? >> If you want to. >> I'm going to start Becky. We love being
here and we really hope that we can uh continue and have a long-term relationship with you. Um it's been really uh personally uh satisfying, enlightening to see the transformation of the town and also the resilience not
only with our elected officials but also with the public and it just gives us a lot of uh strength to move forward. So Becky, you want to add? Y'all are wonderful to work with as an elected body. I couldn't ask for a
better town council to work with. Um Nancy and I talk about it often. We're extremely just have to pinch ourselves that we are the the town attorney here and um in
your staff now. I mean hopefully there won't be the turnover that there have has been, but the people who are there now are wonderful and uh we just thoroughly enjoy working with you. >> Thank you, >> Mr. Mayor. Yes, sir. I would normally
make the motion, but I am in taking an unusual tact and encouraging John and Karen to make this motion since their addition to this body helped make the the change in attorneys possible. >> Yeah. And got us into some trouble, too. But uh I'll move resolution 25-295
>> and I'll second. >> Got a motion by councelor King, seconded by councelor Woodson. Any further discussion? >> Councelor King. >> I. >> Councelor Woodson. >> I. >> Councelor Safford. >> I. >> Vice Mayor Adderhold. >> I. >> And I'm an I as well. That motion carries unanimously. >> Thank you. >> Anything else? Nancy or Becky?
>> Thank you. >> No, I don't think so. So, council member. >> Yep. Okay. Okay, if you're done, then we'll go to council member items and reports. Councelor King. >> Uh yeah, I've got u an award here that
the MURF chair left. The marine and environmental resources task force award is given out monthly, but there was actually never an award. Uh it was just all verbal, but the friends of Little Eststerero Island have pitched in and created uh this award and uh the
committee needs permission from the council to use uh the Fort Myers Beach Stero Island logo on it. Uh it's very very nice. I'll pass it around so everybody can take a look at it. And that's uh what I've asked to do.
There you go. very threedimensional. >> Cool. >> Is that a just parliamentary inquiry? Is that is that would consent be adequate for that or do you need a formal vote? >> So we have mountains instead of waves.
>> Consent should be fine. >> Consent. >> Yeah, that's beautiful. >> Scott, any consent? >> Councilor Woodson. >> I'll consent. >> Got your unanimous consent. >> Thank you, sir. That's all I have. >> Vice Mayor Adder Hold. All of my items were covered under the town manager and
attorney items. >> Okay. Councelor Woodson, >> I have nothing. >> Uh, Councelor Safford, >> I'm good. Thank you. Uh, I just want to take a second to I didn't fully clarify what I wanted to really say in regards to the uh the settlement agreement. My my no vote was by no means a reflection
on staff, current or previous staff. Um, as we heard from Tisa, this contract was in place before the storm. Um, and to me it's just a hopefully one of the final >> pieces of legislation we'll have to deal
with from prior storm contractual issues. But I just wanted to make sure it was on the record that my no vote was not a reflection of staff or anything that the staff has done. Um, it's just the the principle of it I just couldn't support. So that's all I have under my
items. Well, mayor, I know that those viewing online will not find me remotely funny, but whether you're a fan of the Crystals or Sean Cassidy, let's do dur Ron Ron and move on to adjourn. >> Okay. Motion by Councelor King.
Is there any objection? We are journed at 106.