All right. Good morning, everyone. We're going to call the meeting to order. Today is Monday, November 3rd, 2025. It is 9:01 a.m. All council members are present, including town manager, deputy town manager, town clerk, and town attorney. If you'll please rise for the invocation followed by the pledge of
allegiance. >> As we begin this meeting, let us be thankful for every seat that has been filled here today, for each mind and heart that fills the presence of this room, for many old and fast friends, for acquaintances of a brief time and those of whom we have yet to meet. Grant us
guidance and wisdom. Help us to engage in meaningful, productive discussions that nurture our community as we work together for the good of our citizens and visitors. And let us leave here today with our hearts and heads filled with hope for a bright future. Amen. >> Amen.
>> I aliance 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. Uh, next is the approval of the final agenda. There are a few changes or one
change to the agenda under the Oh, where am I at? Public hearings item number or item C, the receding and revocation resolution 25-305 is going to be removed from the agenda. Are there
any other adjustments to the agenda? Move to approve as amended. >> Have a motion by councelor King. >> I'll second. Any further discussion? >> All those in favor signify by saying I. >> I. >> I.
>> Also a change um at the request of staff. I'm going to make a motion to cancel Thursday's MMP meeting uh which will be covered the information will be covered on the 17th of November. uh just not enough time with the school board meeting this week and uh other things to
to be fully ready for that meeting on Monday. So, we're going to move that information till next meeting to discuss. Is that correct, Mr. Manager? >> November 17th. >> Okay. So, I'll make a motion to to >> When was the M&P schedule? Just >> this Thursday. Thursday.
>> So, we're May I add a comment? >> Absolutely. So also on your M&P uh schedule there was a proposed ordinance but that was really more forformational purposes and I can provide that update to you uh during today's meeting and then I believe the other two items were
committee reports >> correct is correct >> so M&P for November 6th at 9:00 is is going to be that agenda will be shifted to the 17th >> uh the discussions from that agenda yes will be >> very good all right thank you >> so there's a motion is there a Second.
>> I'll second. >> Motion by Mayor Allers, seconded by Councelor Woodson. Any further discussion? All those in favor signify by saying I. >> I. >> Opposed? Hearing? None. That motion carries unanimously. Next, we have public comment. Madam clerk, >> I have nobody signed up.
>> Is there anyone that would like to speak in public comment? All right. Seeing none, we will close public comment. Local achievements and recognitions. Councelor Safford. >> I actually have three. Um, I want to thank uh Keep Lee uh County Beautiful
for their waterway cleanup over the weekend. They had over a 100 volunteers. Tunis helped out quite a bit. Um, they had people on boats, paddle boards, you name it, out in the mangroves clean everything up. So, really hats off to everyone who volunteered and helped with that effort. Um, secondly, I want to
congratulate Bonita Fish House. It's their grand opening is this morning. Unfortunately, we can't be there obviously, but it's exciting that we have um in the next by by the time um the whale opens up, we'll have four new restaurants on the island. So, that's
fantastic. And finally, um Jackie at the chamber needs some more volunteers and sponsors for the sand sculpting. I want to thank Councilman King who's actually one of the sponsors. Thank you, John. >> And that's all I have. >> Good. Council Woodson.
Well, unfortunately I couldn't partake, but according to the Facebook, which is the authority, I hear that um the Halloween pub crawl was a blast and it looked like a ton of people turned out for it. So, unfortunately had to miss it, but good job everyone.
>> Vice Mayor. Well, well, I wasn't going to say anything, but I I stopped by uh Santini Plaza this morning and uh a little bit of a change up uh in terms of our restaurant uh agenda there in Santini
Plaza. Uh New York Pizza and Pasta is is no longer going to be at Santini Plaza, but their sister organization, uh I'm gonna hopefully I pronounce this correctly. It's L E G N O I think it's called Lenos.
Uh they have a they have a restaurant in the area already and it's going to it's still similar fair uh kind of Italian higher higher Italian fair not super fancy but but nice Italian restaurant uh just a different kind of a brand for them. I'm going to do a little research
on that and post something this morning. But they're having a a job fair this morning and they've got their managers there and they're looking to hire some good folks. Again, it's uh it's in Santini Plaza. L E G N O is the name. It's called it's an Italian kitchen is
how they're building it. Uh L E gn.com is a good way to get up to up to date. And if you want to reach out regarding the job fair, that would be great. So there the everything's still a go with the restaurant. It's just not going to be New York pizza and pasta pasta. It's
going to be Lenos, I think, is how how it's pronounced. Um, and uh they will be hopefully uh I talked to the manager this morning, hopefully opening the first week of December, which would be the first restaurant officially opened
on the south side of Fort Myers Beach. So, we're very excited about that and just uh I think it's all good news and uh the place look there it's tremendous activity there this morning and it's looking like they're making real progress. That's all I've got. >> That's great. Hopefully they're double staffing because they're going to be
extremely busy, I think. And everybody be patient with them. >> Councelor King, >> uh just to add to what Scott said, uh it was Chris and I that sponsored it. So, thank you. Um we had a couple nice events at town hall this last week. We had an internal
ribbon cutting and thanks to the HR department to Lisa and Shelby and all those that coordinated that. I'm proud of our town employees and I appreciate what they do for our residents, our businesses, and uh our visitors. And um it was cool to have a time capsule that
will be opened in uh 10 years. And uh we all got these little vials that u we could put uh our momentos in to be opened in 10 years. And u I went out to the beach and got some renourished sand and u put it in there so people can get
granular 10 years from now. Um, >> we also had a Halloween decorating um u festivity I guess or uh that that was pretty cool as well. U came down Friday to uh to see everybody's uh doors
decorated and their costumes. It was very fun, creative, and very festive and uh it was a good time. So, thanks for for that. And then uh I guess I'll say publicly since this is our last opportunity to do so, congratulations to our public information officer Nicole.
She's accepted a exciting position in I believe it's her native Wisconsin and uh thanks for all you've done and that's all I have. >> Well, all of mine have been covered except for one. I just want to take a minute to thank the fire department. Yesterday we had a little scare at Wahoo
Willies with one of our uh one of our island residents who we all know both he and his wife very well who have been instrumental uh since the storm. He's fine. Went to a concert last night. He was fine, but it was a bit of a scare. So, good job with reaction by the fire department and uh we certainly
appreciate all they do. All right. Next, we have a no presentations that I'm aware of. Okay. Advisory Committee's items and report. Um, AAC, come on up, Chris.
>> All righty. >> Good morning, Mayor Allers, Vice Mayor Adder Holt, council members, town manager, and town staff. I'm Chris King, spouse of counselor John King, a proud proudly celebrating King Day since May of 1990. Um, I am chair of the Anchorage
Advisory Committee and on behalf of my fellow committee members, Vice Chair John Wesley Nash, former Vice Chair Sam Lurri, unofficial historian Ted Lawwell, and members Ed Skunover and Jennifer Rusk, I'm here to give you a brief report on our recent discussions and activities. First of all, thank you very
much for reappointing me to another term on the committee. I've greatly enjoyed my time and have benefited from the wealth of voting and island experience of many of my fellow committee members. Thank you also for allowing me and our harbor master Curtis Lwick to participate in a boataround on Beach
Talk Radio on Saturday, October 18th. That 1-hour broadcast gave us a great opportunity to show off what marine operations and the Matanis Moringfield are all about. We were lit literally able to walk people through the amenities that are offered by the Mooring Field from the bathrooms and
laundry facilities at M u at Matanzis Inn um to the dinghyd dock. Then we went out into the mooring field and Curtis demonstrated how boats moore and why certain protocols are in place to ensure that boats, wildlife, and properties along the bay are safe. The committee is
very supportive of and willing to assist with any efforts to proactively tell the positive story of the Morningfield and the many benefits it offers to the town. Staying on the subject of promotion, I would like to ask permission of the council to move forward with planning of our next cruisers appreciation day
event. We've tentatively set that for Sunday, October 12th from noon to 3 at Bayside Park. Our event earlier this year was a great success, and we look forward to an even bigger turnout by moving it up a couple of weeks to a time when more boats should be in the moing
field. We should have a bit over $2,000 in the 2026 budget with $1,577 left from our last year's event and another 500 that was placed in the budget to operate the event. We request the opportunity to follow the same guidelines the town specified earlier
this year in being able to reach out to monetary sponsors and also businesses for inind prize donations. We've put a hold on the date on the town and other FMB organizations calendars. So, we should be good from that standpoint and we'll obviously follow through with all
of the permitting and other required actions. So, I'm wondering if you have any questions or concerns and if we may have your permission to move forward with planning that event again. Did you say October 12th? >> No. Uh, April 12th. >> You did say October. That's Yeah. >> Well, apparently I can't read April. So,
April 12th. >> Okay, that makes more sense. >> Thank you. All right. Sorry. >> All right. >> The one fault in my wife. >> I know. >> Tread lightly, my friend. Tread lightly. >> April 12th. >> It was none. Remember, none. >> Any Scott, any other questions?
>> No, sir. >> Councelor Woodson. >> No, I think it's all fabulous. >> Great. Jim >> as the leazison to the anchorage advisory committee. Thank you for your continued leadership. Uh madame chair. >> Thank you. >> John, >> please move forward and thank you.
>> Okay. >> Very good. >> Excellent. Our committee will be very excited. >> Looking forward to it. >> I have a few other items. >> Go ahead. >> Um certainly we spend a lot of time talking about the condition of the moing field, its occupancy, and ways to improve the experience for our visiting Boers. We're particularly anxious for
the remaining six moing balls to be put back into service and understand our harbor master and others are working to set meetings with the Coast Guard to discuss that situation. Our committee also is very interested in any information as it becomes available about plans for canal maintenance and dredging. Navigable safe canals are of
vital importance to our residents and our committee members would like the opportunity to be part of that discussion as it comes forward. Lastly, I understand the council might be interested in discussing roles and responsibilities related to the Anchorage Advisory Committee and other committees. As some background, this has
been a topic of conversation since I joined the committee a couple of years ago. The first thing I did was ask for any background documents that laid out the roles and responsibilities of the committee so that I could get a level set on what our expectations were. I did receive several documents that had
multiple different varying dates of establishment and varying list of responsibilities. Nothing really lined up. To be fair, we didn't really concentrate on that for a while because two years ago, the mooring field was still very much in recovery phase. And so that was the focus of our efforts is
making sure that we could get as many mooring systems back online as possible. Then within a year, the harbor master left and Curtis joined the staff as our new harbor master. So, we've either been in deep recovery state or in an onboarding plus recovery state. But now, with input from the committee, I have
assembled a two-page draft document summarizing what we think our roles and responsibilities might be. Um, that's based on what was included in those original documents and then realigned to current state. Curtis has a copy of that document. He can make it available to all of you. And please let us know how
we can assist you in moving forward. We really just want to know what your expectations are of us and how we can best serve our community. And that's all that I have unless you have any questions. >> Chris, I've I've had a few residents over the last couple weeks reach out to me um with concerns about the no wake in
in the Backbay. >> Um is it something the advantage advisory committee can look into more ways of educating? You know, we always get transient people coming in, but I've noticed it too. There's been there's been some pretty heavy speeding through there. I know it's Lee County Sheriff's Department that and and uh and Coast
Guard that do that, but if we could continue to look at ways to educate to tell those people as people are getting back into their homes and fixing their seaw walls and replacing their boats and it's just a common courtesy thing to to recognize that in a wake. >> Yep. That's very relevant. We actually have a concerned citizen who has organized a roundt for the 10th of
November, I believe it is. And so we have been invited to participate. Curtis or Frankie are going, maybe both. I plan to go. She has invited all of the right people to have this discussion and it's really to just talk about proactively what can we do to help reinforce,
educate, make sure that people are being good citizens in their boats because there are a number of reasons as you said we don't want to cause property damage. There could be damage to wildlife and it's just a safety issue. So um that discussion is happening on November 10th and I will bring back a report.
>> Great. Well, and I think one of the main things too is we take our boat out, there is no more signage. I mean, you go all the way down up and down the pass and there is zero signage anywhere. Y >> So, I think a lot of that has to be replaced. I mean, that would be like a
first step, >> right? And I know that we did have a report from the same citizen. Um, she actually was able to capture some dingies that were obviously going faster than the wake zone. And so Curtis went out and he talked to them and explained things and they were they were great
about it. They just they just need to know. So I think you know the signage is one big thing we can do but also understanding who is responsible for enforcing it. What is the protocol for reporting it? How do we how do we keep it under control? >> And if I'm not mistaken is the is the county's responsibility for the signs
back there. I know after I think it was Irma, we had an issue down at Bay Beach where the the no wake signs were washed away and it took a a long time and a long process to go through to get those replaced >> and there's nothing down there now. >> And so yeah, I think that's something
and it took a long time, a lot of conversations to be able to get them there because there's a process as you know. Yeah, >> it's very lengthy to go through, but getting the signs back as soon as we can certainly would would help educate. Well, I know the LCSO has been invited to attend this meeting, so hopefully all of those types of points will be brought
forward and we'll figure out who's responsible for doing what and hold people accountable. >> Okay. I could go back through all my notes from a few years ago and and probably set all the context. That would be helpful. >> Okay. Yeah, that'd be great. >> Okay. >> Scott, any questions for Chris? >> Uh, no. Thanks for all you do.
>> Thank you, >> John. >> Good job, dear. >> Thank you. >> Thanks, Chris. >> All right. Thanks so much. Appreciate it. All right. Next, we have a um an appointment to the marine and environmental resource task force.
There's one vacancy and Mr. Todd Zakanelli has has put his he mentioned that pasta is my favorite food. I'm not going to mess that name up. Um do we have to fill out our form since it's one? >> We did not create a ballot since there's
only one. >> Okay. So, if you can just announce your vote on on the record. >> Okay. Councelor Safford, how would you vote for Mr. Zachelli? >> Mr. Zachelli. >> Thank you so much for for your service.
I I vote I I >> Councelor Woodson. >> I >> I'm an I. Vice Mayor, >> I am an I. And I would add a thank you to that. >> Oh, sorry. I And thank you. >> Councelor Kick. Uh, as the liaison, I
say welcome, Todd. And I've got my support as well. >> Thank you for stepping up. Good enough. Or do you want an actual motion? >> Um, a motion is always good. All right. >> I will make a motion to recognize the >> to certify and appoint
>> to certify and appoint Mr. Zachinelli to the MURF committee based on the comments from all of our council members. >> Second. >> All right. Got a motion and a second. All those in favor signify by saying I >> I opposed. Hearing none. That motion carries unanimously.
>> Next we have the approval of the minutes. I don't have the minutes. Do I have the minutes? I just don't have them. I don't have the dates. Is there a motion to approve the minutes? >> Don't have any. >> There are no minutes. That's what I thought. >> I didn't see any. Just making sure I didn't have the wrong. Uh next is our
consent agenda. We have three uh items on there. All resolutions pertaining to state of emergencies for local storms. Resolution 25-307-2310 for uh tropical storm Debbie. Resolution 25-311 through 25-314
for Hurricane Helen. And resolutions 25-315 through 25-318 for Hurricane Milton. Is there a motion to approve the consent agenda? Mayor, if I could interject with personal privilege for a second, if there's a
those who believe it's time to shift from a state of emergency, and I think if maybe we could clarify for some folks why this is ne necessary and a benefit to the town, that might clear up some of that confusion. >> Sure. I mean I don't know if Will will you want to handle this or you want me
to I >> maybe I can generally it's related to uh recovery of monies that have been requested uh due to hurricane damage and >> so if we closed it out then uh the the
issue becomes well they're no longer in a state of emergency. Granted, the request was made prior to it, but um we keep them open just in an abundance of caution. >> And usually isn't don't we run alongside with the state of Florida like they did
with and eventually they they res they cancel it >> and and this also gives uh condo associations extra the ability to use their emergency powers during this time as well if they need them. >> Yes, because it is an official local state of emergency. Correct. Thank you
for clearing that up. Appreciate it. >> All right. Is there a motion to approve the consent agenda? >> So moved. >> Motion by councelor King. >> Second. >> Seconded by councelor Safford. Any further discussion? All those in favor signify by saying I.
>> I. Opposed. Hearing none. That motion carries unanimously. All right. The next item on our agenda is a public hearing for 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, on your agenda today, we we really only have one item and it is the um second reading of the a proposed home rule development agreement uh for the property and I'll I'll defer
to you as that item comes up. But the uh home rule development agreements, they are quasi judicial in nature. And this requires that our final hearing comply with the procedural requirements that have been established in Florida law and in our land development code. So our
proceeding today is going to be less formal than a proceeding before circuit court, but it will be more formal than the remainder of our meeting and we will follow basic standards of due process that requires certain notices. the application of the correct standards and
that your decision is made on competent substantial evidence that has been presented to you either in written documents or through oral testimony. So your responsibility today is to evaluate the testimony and the information for this item and draw a conclusion whether
the criteria in the land development code or in state law has been satisfied. So speculation or opinion not based on competent facts cannot legally be considered by you in evaluating an agenda item. Testimony by professionals
who have been qualified as experts in a particular area has been viewed as competent evidence by Florida courts as well as testimony by neighbors, residents, and residents who have fact-based information such as minutes, surveys, engineering reports, or
testimony that is based on their personal information. So, your decision is final. Um, and um, if you decide to deny the application or the request, the reason for your denial needs to be
stated in the motion. Your denial cannot be based on a determination of public support or public opposition to an application. The reason for the denial cannot be arbitrary, discriminatory, or unreasonable, and it should be based on
a lack of competent and substantial uh, evidence in support of the request. uh denial of an application or request is denial with prejudice unless you otherwise state. So members of the
public who may be present, if you intend to speak, please keep my comments in mind when you come forward if you would state your name clearly for the record whether or not you've been sworn in and your qualifications or your interest in this matter. So, for purposes of
efficiency, um, before we begin this public hearing, I would like to go ahead and address a few items. First, I need to ask the town clerk if this item has been properly advertised pursuant to our land development code. >> Yes, it has been. And at this time, if
any member of town council has a conflict of interest that would prohibit them from voting on this item, if you could please disclose that at this time, that way we can ascertain whether we have a quorum present for the um review
of this matter. >> Councelor Seafford, >> I do not. >> Councelor Woodson, >> I have none. >> Vice Mayor, >> none. >> Councelor King, >> none. >> And I do not have any as well. So again, because we have some formalities that we'd like to adhere to, um if there is anyone who is present that would like to
provide testimony or offer evidence to the town council regarding this matter, if you would please stand and raise your right hand. This would include staff um to be sworn in by the town clerk. >> Stand.
Do you swear or affirm that the testimony you're about to give is the truth, the whole truth, and nothing but the truth? >> All right. All parties have been sworn. >> So, mayor, if you could read the title, and again, this is the second reading for um final review and adoption.
>> Sure can. This is a quasier judicial agenda item is a second reading and public hearing on proposed ordinance 25-17. This is an ordinance of the town of Fort Myers Beach, Florida, approving or denying a home room development agreement for property located at 110-130
Connecticut Street, Parcel 1 and 134138 Connecticut Street, parcel 2, Fort Myers Beach, Florida. Strap numbers 29-46-24-W1-00151.0010 and 29-46-24-4W1-00151.001 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 procedures for application and approval of development agreements with deviation 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 a building a church facility and 12 single family homes providing for terms and conditions including but not uh limited to the identification of the proposed use of the property a finding inconsistency 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 an effective date. If any town council member has had any exparte communication to disclose, please let us know the
subject discussed and 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, >> since the last hearing, I've received, I believe, only one email um kind of
against the project, but other than that, I've not had any discussions with anyone involved. >> Councelor Woodson, >> I will say the same as uh councelor Stafford. Um I have since last meeting just the
same thing. Vice Mayor, >> I believe I've had uh one text uh in support of the proposal uh since the last meeting. >> Councelor King. >> Uh same as Karen and Scott >> and I have had the same as uh Councelor King, Councelor Woodson, and Councelor
Safford. >> Uh Jason Green has been qualified as an expert 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? >> Come on up. >> I believe you were at the last meeting. >> I was. >> Okay. Is there anyone new to talk? He wasn't a part of the swearing in. So, if we could go ahead
and take care of that individually for him. He just missed it. You just >> I didn't see him come in. If you'll raise your right hand, I'll swear you in real quick. Do you swear and affirm that the testimony that you're about to give is the truth, the whole truth, and nothing but the truth? >> I do. >> All right.
>> Could you just state your name for the record? >> It's Jonathan Thomas. >> Thank you. >> Hi, good morning. I am Rachel Thomas. I'm not sure if I'm kind to Jonathan, but I'll claim him. Um I am here um on behalf of Pavvice Law Firm in place of
Neil McGomery who was here at the last hearing um and is out for this week. I'm a land use attorney there at Pav Law Firm. Um I have not been accepted as an expert witness before this board before um but I am a land use law attorney with four years of experience at Pavise and I
do respectfully request to be accepted as an expert witness for land use law. Um, also with us is Jennifer Sen who was at the previous hearing and has been accepted here as an expert in land use planning. And then also for the applicant is Al Catron who is our expert
in engineering who can go through his qualifications if needed when he testifies. >> Okay, we'll have him come up and we can do both at the same time. >> Okay, thank you. >> Al, >> great name by the way. part of it. >> Yeah,
>> I know it's not Qu like I am Al Quatronone, president ofQatronone and Associates. I've had uh the company for about 25 years now. I've been doing hundreds if not more projects throughout Lee County, Fort Myers, and
so on. Um including zoning cases, engineering, and so on. So, be happy to answer any questions. >> Any questions for Al or Jennifer? >> No. Uh, is there a motion to accept uh, Jenner Dwell, I'm sorry, Rachel and Al
as expert witnesses in this case? >> So moved. >> Second. >> Got a motion by councelor King, seconded by councelor Woodson. Any further discussion? >> All those in favor signify by saying I. I. Opposed. Hearing none. You are now experts. Uh, has the property owner applicant
seen a copy of the uh, agenda backup materials from staff? >> They're all nodding heads. Okay. Go ahead, Jason. Uh good morning, Jason Green, Community Development. I'll be brief because I know the uh applicant has a presentation. Um in your packet, I'll try to cover a couple of things that have changed between the first and
second reading. Uh the exhibit numbering um was a slight modification uh just because a sketch and description of the property were combined into one exhibit versus an A1 and uh B1, that type of thing. Um and then you also have a striketh through underlined version of
the agreement as part of your uh part of your packet and on the exhibits to the ordinance um which includes the changes uh such as deviations. So the applicant has modified the dev the request for the deviations including the 5-ft setback that was previously part of that.
They've eliminated that uh be I think based on changing the site plan making slight modifications to it to accommodate the uh the six and a half foot setback sideyard setback versus the five I think was discussed by Councilman Stafford Stafford too. Excuse me. >> The merit
>> um and mayor. Yes. And uh uh I'm trying to think what else. Sorry. Just get this here. Um and so there's two deviations that were uh requested to be removed as part of that. And so now there are uh deviation one, deviation two, and deviation three as
part of uh exhibit E. Um and the staff report has essentially been updated for the dates and including the discussion that we had for um for those deviations. Um and the findings have stayed the same and the sta uh staff recommendation has remained the same since the first meeting. And so if you have any
questions, I'd be happy to answer them. Uh, Scott, any questions for Jason? >> Uh, not at this time. Thank you. >> Okay. Yes, sir. >> Councelor Woodson, >> I'll wait until we get further in. >> Uh, Vice May, >> not at this point. >> Councelor King, >> nothing currently.
>> I'll hold mine, too. Thanks, Jason. >> Okay. Yes, sir. >> Jonathan, >> good morning. So, we're back and uh I think we did introductions last time, so I'll keep mine brief and we'll get to Jennifer because she's better at this anyway. Um, we tried to since the last
meeting address some of the concerns that you guys brought up, one being the setbacks which Jason mentioned. Um, and then also we did get the trailers demolished and we did pay the water bills to try to clear some of the outstanding issues. So that's basically
all I've got unless y'all have questions for me and we'll let Jennifer go through the presentation. >> Okay. That will has that those two things issues been cleared up? Are they Is that property now in compliance? >> Yes, Mr. Mayor. >> Yes. >> Very good. Any questions for Jonathan
Scott? >> No. Thank you for changing the subbox. Appreciate that. >> Thank you, >> Karen. >> Thank you. No. >> Okay, Jim. Not at this time. John, >> nothing. >> Jennifer. >> Good morning. >> Good morning. >> Um, again, for the record, my name is
Jennifer Sabin. I'm an AICP certified land planner. So the site is shown here at southeast corner of Asterero and Connecticut Street. It's surrounded by single family homes predominantly in the RC zoning district. The zoning maps are shown here. On the
left is the existing on the right proposed. The pink star is where the subject property is. So you'll see that the RC zoning is just a continuation of the zoning that's already on the either side of the property. The future land use of the property is medium residential. That allows three
types of residential uses. Smaller single family lots, high-rise buildings, and RV parks. This developer agreement will eliminate the bottom two. Um, and this is why we think um the community is in support of this project. This is the revised site plan. As
mentioned, um the side setbacks have changed and we made a couple other changes to um buffers. The residential portion on the west side is 2 acres. That will be the reasonzoning um from in RC for the development of 12 single family lots. That request is consistent
with the future land use allowable density. On the east side, there's a 1.1 acre parcel that will be for the church redevelopment and there's no zoning change on that. the proposed site plan. Um, as Jason mentioned, two of the deviations have
been removed. The first deviation was for the setback to Connecticut Street. Um, for that we just realized looking deeper into the code, there's a land development code provision that says lots that are 50 feet or less, the setback is only 10 feet. Our setback there is 11. So, we don't need that
deviation. Um, we also don't need the side setback deviation any longer. We have increased that to meet the land development code. So where the building separation the last time I was here was 10 feet, the building separation now is increased to 13 feet. Um and with that of course no deviation is needed. Bring
our deviations down to three. The first is an alley setback um allowing the building to be as close as 10 ft to the alley. But that's for an undulation in the building. The driveway will still be required to be 20 ft. So a car can park in there. And you had some questions
about the parking. There will be parking inside the building um under the building. Um that driveway is just really for guest parking. Okay. The rear setback is also requested to be reduced from 20 feet to 10 feet. And again that's internal to the site um
with no off-site impacts. The intersection separation that is the same as what we um discussed last time. And I know you had some concerns mayor about potentially people pulling into the alley thinking that they were going to the church. And I didn't think of it at the time, but in the developer
agreement, the church is required to have a traffic maintenance program. And so I know like when I dropped my daughter off at school, when I was younger and I dropped her off at school, the um you know, every morning someone would come out there and put cones and manage the traffic. So I would say that there'll be a a program in place if that
does become a problem. the landscaping um has changed because of that increased side setback. The buffers around the perimeter decreased. Um previously when I came last time that the buffers were 15 ft. Now they are 10 ft wide. Now I want you to keep in mind
though the code does not require any buffers at all. So these buffers are above and beyond what is required by code and and done voluntarily. The planting materials are the same as what was proposed last time. five trees per 100 ft. And this graphic here shows
um what that plantings what those plantings would look like. Um and with double hedge, the buffer on the sterile street still remains 15 ft wide. We um also heard you had some concerns about the wall potential drainage problems. Um but we still wanted to keep
uh a wall to block the lights at the end of that dead end. So to resolve those issues, we created two small walls just at the very end of the road. Um, it does a couple of things. One, it brings the wall closer to the light source, closer to the car. Um, the alley on the left
here, of course, those car lights would really only come from the last two lots. And then the alley on the right, it's further away. It's about 60 ft from the property line. Um, so you've got detention, open space, and then vegetation in there. We think that'll really buffer that single family homes while still providing um the wall for
the lights. >> Jennifer, this is a minimal thing, but I forgot to ask it at the first one. with these alleys. Will these homes have their for trash and recycling? Will they have their own individual just like any other home or will it be a dumpster setup kind of like a commercial? >> Just curious about the the trucks
backing in >> a dumpster or >> No, I think it would be individual like a neighborhood. >> Individual like a neighborhood. Okay. >> Um Okay. Okay. So that we think that this southern buffer then will be able to be um enjoyed more by both sides as well because if the wall uh was
installed, the landscaping would have to be only on the one side and so now both sides um can enjoy that vegetation. The church parcel, it's unchanged from what I showed last time. This is the development order plan um showing the landscaping. What I want to point out here is they're uh all native plants, 56
trees and 239 shrubs are with that proposal. the developer agreement. Um, this is unchanged from last time. There's a handful of of uses that we are prohibiting. Um, we have also added with the developer agreement that no overnight RV parking also for the
residential. Um, we only had it on the church before and now it's on both parcels. So, in conclusion, we have reduced the deviations um from five to three um by listening to your concerns. Uh the trailers have been demolished and outstanding water bills have been paid
and through the implementation of this developer agreement. The proposal then is consistent with the comprehensive plan of the land development code. Staff is recommending approval and we ask for your approval today. >> All right. John, any questions for Jennifer? >> Nothing. >> Vice Mayor,
>> is this the conclusion of your remarks? >> Yes, it is. >> Would you just for folks who are watching, could you just take it up 10,000 feet give a summation? I mean, there's a lot of history here and the purpose of this whole development is to help facilitate uh the survival of a
church here on our island. Do you want to talk a little bit about the roots of this proposal and what and why you became involved? >> So, we talked a little bit about this in the last hearing, but one of our partners, Aaron Co, grew up with Shawn and his brother Shane. Shawn's the
pastor of the church. So after the hurricane, Sean and really Shane reached out to Aaron and just said, "Look, you know, the church didn't have any insurance. We're looking for a way to figure out how we can come out of this." And so, um, Aaron has a relationship with Steve, who's the founder of our
company and us being real estate developers, we came down and looked and, you know, we're trying to figure out a way that we could bring the church back. Um, and as we talked about last time, we started out with the idea of doing a condominium tower. um that didn't go
over particularly well. So, um after having um some meetings and feedback from the town, we decided to go with the 12 single family residents, which is consistent with the comp plan, and we felt like was the most expedient way to get the church back open and
operational, which was their goal, and we wanted to help them with that. And and that's what I want to get to because it's this is this would not be a project you'd normally be involved in but but but part of your purpose your raison data if you will is to help in these
kind of situations help a church that's been hit hard and and help them survive and and and and flourish again. Is that is that is that a fair characterization? >> It is. And also, you know, this is broader picture, but a lot of churches across the country have real estate
that, you know, they're not necessarily using, and many churches are are land rich and and resource, you know, short. So, aside from the hurricane, you know, the fact that they have that real estate is a good um asset to set them up to,
you know, operate for the next hundred years hopefully. I mean, that's that's the plan is to put them in a position where they can operate, you know, going forward for decades. >> And I just I was curious the of course it's known as Beach Baptist Church, but your PowerPoint is referenced as First Baptist Church. Is there a reason for that nuance?
>> Um, no. >> Okay. >> Just oversight, I guess. >> That's okay. I just wanted to make sure that I did miss something there. And again, uh, I don't know if there's anybody from the church here today. I think I see someone, but I don't know if he wants to speak or not. But I do think at some point uh uh it would be great to
know what the future plans are for the church. I think they're very exciting. And I think it's also important to state for the record that this is a church that was just hammered by Hurricane Ian. And every church had its own unique situation. I was a member of Chapel by
the Sea and after the destruction of the church, it was, you know, really difficult. it sort of uh the the parent organization uh was not terribly helpful and and and and and in in re-engaging and and we had some wonderful members
that were adopted in by a nearby church. But but but at at Beach Baptist Church uh pretty uniquely uh they not only were hammered by the hurricane, but they embraced the uh the need to help people
after the hurricane. and they were on that property uh ASAP and they started all kinds of ministries, food pantries, they were serving meals. I mean, it was an amazing operation there when many folks fled the island. They they not only didn't flee, they they re-mbbraced
the island at a time that was extremely difficult for Fort Myers Beach. And I just I just think it's commendable that you're you're working with them to find a way to to resurrect this this uh this this this this church on our islands, particularly at a time when the churches have become even more important to our
community. So, I just wanted to thank you for that. >> Thank you. >> Yeah, John, quick story. When uh after the storm, just piggybacking on what the vice mayor said, Congressman Donald's came down and we took him around the island to show and he had he had looked at the island obviously from the helicopter but not had been on the
ground yet. And he particularly took interest in Beach Baptist Church because from the air he remembered seeing that big blue >> it was hard to move that was that was still there and and I remember him saying to me he's like you know it doesn't look that bad from the air and I said well wait till you see it on the
ground and then when we started walking we went by the front of that building the roof was there but everything as you remember was completely gone like a flamethrower went through and all that was there was the post holding up the roof and I think that's when it really hit him that this was really a devastating storm. So it was interesting what you said how you know and then they
use that structure to be able to provide food and resources for people after the storm when as you said a lot of people just had to leave. They had no other choice. So um I appreciate you working through this process. I know it's been a long one. >> It has. I >> I was at your first initial meeting as I'm sure my my other council members
were and it didn't go well for you but uh you guys stuck it out so we look forward to seeing. The question I have is if it's approved today what is the timeline or do you have a timeline yet? I know you'd mentioned that the church will be first. Um but are you going to try to do them concurrently? Are you going to do the church first and then go to the single family homes or what are
your plans? >> So the plan would be um the church first. Um we would do the site work for the residential at the same time we do the site work for the church. Um and we are in for the civil permit the development order. Now um we have
everything submitted for the building permit. Um, I've got one piece of paper I've got to get filled out, but everything is submitted. And ultimately, you know, depending on how long it takes to get permits, which I expect to be three to four months, give or take. Um,
our intention is to start first quarter next year on the church, do the residential site work, and you know, frankly, the residential will proceed as fast as demand dictates. you know, we only have so much control over that, but we certainly want to move forward as fast as demand will allow.
>> And will these homes be individually built? Are they going to be manufactured type homes like we're seeing that come in and get craned into place? >> No, they will definitely be individually built. And we will do a model at some point once we get the church going at some point over that next 12-month
period. We would do a model and then we would proceed from there. >> Very good. Thanks, Jonathan. Karen, >> yeah, excuse me. I do have I want to thank you for clearing up all those issues that were outstanding. Um, that
was a huge piece, I think, of all of our concerns. >> Trust me, I wanted them cleared up almost as much as you. >> Um, I do have one question. Um in the presentation um page 12 it says no social services or
rehabilitation programs will be conducted on this site. Historically Beach Baptist has been a huge social service um church building property. Um
can you kind of go into more detail of what this means? So, you know, there's been a lot of conversation about the past with the church, and you know, I wasn't here, so I I feel your pain, but I I didn't
experience it. Um, but I mean, the intent is for the church to operate like a typical church going forward. And and I would also say that the church had some facil facilities in the past that they will not have going forward. So, I
think a lot of the problems that occurred will be resolved simply from the fact that they no longer have those facilities. But I also think the plan going forward is there will be the the current pastor is staying on till we get
the church built, but there is a secession plan that's in the works and it it will be a different church going forward than it was in the past. Now, you know, they still have a heart of service and they want to help the community, but I think many of the, for lack of a better word, nuisance type
issues that existed in the past should not exist going forward. And I I think again, they no longer have those facilities. They have a church building that is going to be operated like a church and not like some of the ancillary um issues they had in the
past. >> Great. Thank you, >> Counc. >> Uh Mr. Mayor, you you asked my question. Uh, and I So, with regards to the name, I know it's not a big deal, but in the development order, it says First Baptist Church. >> So, I think that I had a minute to think
about that. I think that is the name of their corporation. >> Okay, that's cool. >> And it's Beach Baptist was the name they operated under, but First Baptist was actually their corporate entity. >> Yeah, I I I commend you you all for what what you've done in the last two weeks. Um I I have some friends that rode that
storm out in that building. So um it's crazy that uh you know everyone survived and but you know I'm excited going forward. This is going to be a a great development and thank you for participating. >> Thank you. >> Thanks Jonathan.
Any questions for Jason? No. Thanks Jason. Public comment. Is there anyone that'd like to speak in public comment on this hearing? Seeing none, we'll close public comment. I assume there's no rebuttal comments from the applicant. I will now close the
public hearing. Request a discussion or a motion from the town council to approve, approve with conditions, or deny with reasons or a continuence to a time certain. Discussion or a motion. >> Mr. Mayor, yes. >> I would move the approval of ordinance 25-17, First Baptist Home Rule D8.
>> Okay. Got a motion by Vice Mayor Adhalt. >> I will second. Seconded by councelor Safford. Any further discussion? Vice Mayor Adhalt. >> I. >> Councelor Safford. >> Hi. >> Councelor Woodson. >> I. >> Councelor King. >> Hi. >> And I'm an I as well. That motion carries unanimously. Looking forward to it. Thanks.
>> Thank you. >> Next is if I can get my computer to work. >> It is. Yeah. Uh a legislative agenda item is the second reading and public hearing on proposed ordinance 25-18.
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 of chapter 34 zoning districts design standards and nonconformities to require only one
public hearing before the local planning agency LPA for special exceptions that only replace like forlike structures that were existing prior to natural disaster event. If the decision by eligible members of the LPA is unanimous and the town clerk does not receive request for any additional public
hearing before the town council from anyone including town staff within 10 days after the LPA decision providing for codification severability scrier's errors conflicts of law and an effective date. Jason. >> Uh thank you sir. Uh Jason Green community development. It's a text
amendment second reading uh to modify your land development code to make a essentially an expedited hearing process for as you mentioned the like for like and uh if you have any questions I'd be happy to answer them. >> Scott any go ahead Nancy looks like you were leaning in. >> Yeah I was just going to add um this is
very similar to the uh variance one hearing process that has been implemented. That process seems to be going very well and this would allow only a very small uh type of um special exception to go through that process. It
would be the like for like. >> Okay. Very straightforward. >> Scott, questions? >> Uh no questions, but I'm 100% for this. Anything that can speed up the process and get shovels in the ground >> and save people money, I'm all for it.
>> All right. Councelor Woodson, >> what Scott said. >> Vice Mayor, I concur. Councelor King. >> Thanks, Nancy, for clearing that up. It's nice to know that that part of the is moving >> well. So, I agree with everyone else. >> Yeah, this is another good step forward.
I I hope staff continues to look for other ways to expediate, not just special exceptions. If there's anything that we can do, special event permits, anything we can do to to streamline a process for those who are trying to bring good to the community, I would certainly hope we continue to find ways
like this to be able to to streamline streamline things and make it less costly and faster for everyone. >> Yes, sir. >> All right. With that, is there a motion for Oh, public comment. Sorry. Is there anyone here? Would you like to speak?
Anyone here in public comment? Seeing none, we'll close public comment. Uh, any further discussion or a motion? >> Mayor, I'll move ordinance 25-18, expedited special exception ordinance. >> I'll second.
>> Got a motion by councelor King. Seconded by councelor Safford. Any further discussion? >> Councelor K. >> I. >> Councelor Safford. >> I. >> Councelor Woodson. >> I. >> Vice Mayor Adville. >> Hi. >> And I'm an I as well. That motion carries unanimously. Next is a resolution of the town council of the town of Fort Myers Beach
rescending and revoking without prejudice variance. Oh, we pulled that. I'm sorry. Moving on. Thank you. I'm glad somebody was paying attention. >> Uh administrative agenda. This is the first agenda is accept the fiscal year 2024 audit report prepared by Malden and
Jenkins. >> Good morning, Joe. >> Good morning everyone. Joe Wzik, finance director. I know this is probably like old news by now. Um the audit was actually um completed um well it was
originally completed for the August 11th audit committee meeting. Um we needed to um make a couple corrections to the audit and then by the time the audit committee could meet again it ended up being October 24th. So at the October 24th
meeting is when um the audit was presented to the audit committee. Um it the audit itself was completed by the end of August which was two months later than the official due date. Um the town had been in communication with the
auditor general's office and the state of Florida financial um department with regard to that. And so we we had August 31st was like our new deadline to submit everything and it that deadline was met.
Um so at at the audit committee that's when the audit was at the audit committee meeting is when the audit was presented. Wade Sansbury was the partner from the audit firm Malden and Jenkins who presented the audit and he began began by introducing himself as having
30 years of experience. And he also let us know that his fellow partner Joel Black is now the current chair of the government accounting standards board which is the highest governing body regarding the government accounting regulations in the nation. So I just
mention those things to you so that you may be able to appreciate the high level of expertise they bring as the town's auditors. Mr. Sansbury began his presentation by letting us know that they issued an unmodified opinion which is a clean
audit report opinion within the audit report which is the highest form of assurance that can be provided. As part of the audit they noted which he referred to as two insignificant accounting findings. One was regarding
the accounts payable um which there were a few invoices that had really belonged to fiscal year FY24 that were included in FY25 but these were invoices that came later and they were not um picked up at the time that
they should have been dated back to FY24. The other finding was there was it was regarding revenue recognition. Um that's regarding revenue from one of our grants. Um, it's a little bit complicated in determining when it
should be recognized. It was one of the last things that should have and would have been done just prior to the audit in terms of checking for that, but I had already left at that point. Um, and the other um person who was aware of that
had already left. So, unfortunately, there was nobody left here at the town who was aware that that needed to be checked for. And so, that was one of the other findings. Um but in his words he considered that insignificant. Um he also made a point
of emphasizing that the town received a significant amount of federal and state awards. He mentioned there was $34 million worth that required six single audits to be performed. He said that that's $34 million of activity that is
typically not a part of the town's overall operations. Yet, given that was the case, there were no issues with regard to the usage or spending of those funds, he expressed that he was very happy with how the town's finance department took care of all the books
and records. So, hopefully his comments and the clean audit opinion provides a basis for ha having confidence in our financial statements and the financial management. So at the end of the meeting then um or at the end of his presentation the audit committee
unanimously recommended that the audit report be accepted and so this um res motion that we're asking you to make is to also accept the audit report. >> Councelor King questions for Joe? >> Nothing. >> Vice Mayorville?
>> Councelor Woodson. >> I'm good. >> Councelor Stafford. >> I just want to say congratulations. But well done given given what we've been through and what you guys are going through to get a clean audit like that is is phenomenal. >> Well said. I think it just reiterates
how well you guys do your job and we're glad to have you back. Joe, >> thank you. We appreciate it. >> I I have a quick question. Joe, um >> can we we bring the council up to date as as to the future of using that firm?
>> Oh, sure. um their contract had expired and their allowable extensions have as far part of the original contract have also expired. So we're required to go out um and request proposals again. Um
you can or the audit committee would be the ones who would select the new um auditors. They could select the same audit firm again if they chose um assuming they were to submit a proposal. Um, but it that's really their decision
to make and their recommendation to make to you. Um, and we're hoping to get the proposals in by the time they meet in December. Um, but we'll schedule the meeting as soon as possible after the proposals come in and give them enough
time to review them and make their recommendation. >> Very good. >> Thanks, Joe. >> Okay. >> All right. Is there any discussion or a motion to approve the fiscal year 2024 audit report? >> Mr. Mayor, I'll I'll move that we accept the fiscal year 2024 audit report.
>> All right, second. >> Motion by councelor Safford, seconded by councelor Woodson. Any further discussion? >> Councelor Safford. >> I councelor Woodson. >> I, >> Vice Mayor Adel. >> Hi. >> Councelor King. >> Hi. >> And I'm as well. That motion carries unanimously. Next, we have an approval of a special event requested by the
Whale Restaurant located at 1249 Estster at Sterile Boulevard for the Whale Back Sneak Peak Bash celebrating the reopening of the Whale Restaurant on Saturday, November 8th, 2025, starting at 1:00 p.m. to 1:00 a.m. November 9th, 2025, including of the waiver of the
town's or noise ordinance. Will >> uh yeah, so this request has come in. It's gone through all of our staff and our process. Tom, if you want to speak to uh any direct questions on their request for, you know, a waiver or
anything else along with this, I'll ask Tom to come up and do that if you have questions. Otherwise, >> the only question Yeah. The only question I had was concerning some residents in the neighborhood are concerned about the noise ordinance. Is that till 1:00 or is it going to stop at 10:00? >> What?
>> So, uh again, Tom Shazo for Mars Beach Service Director. Uh when they put this in, they asked till 1:00. So it was a concern I had as well uh for us to uh maintain the noise ordinance. It should stop the any noise outside of their
scope that's amplified should be stopping at 10:00. But that's why you'll see it's in there that they're asking for a variance in that space. >> Okay. I'm a little concerned about it quite honestly just based on people that live around there. I know what's going to
come. Should this go till 1:00 with very loud music? But I'll open to listening to what my fellow counelors have to say. John, great. >> Thanks for starting with me. >> I'm trying to go back.
>> Uh I guess nothing currently. >> Vice Mayor. >> Well, I I I I'd say a couple things. I'd say first of all, this is a a one-time occurrence. It's a very special event and they did come in advance and ask for
permission and I think that's uh that's the way it should be done and so I think in this unique situation uh I have no issues with it. >> Councelor Woodson >> um I am in the same camp as vice mayor. Um it's it's a this is a celebration. I
mean no ifs or buts. Um, and for one night being 3 hours over limit, I don't see the harm in it at all. And I would be fully supportive of this. >> Councelor Sephford,
>> I I feel for the neighbors. Can we do it like midnight? >> Yeah. I mean, I'm not I just wanted to bring up the concerns because they were brought up to me. I'm not, you know, I don't want to micromanage an hour, quite >> honestly. But yeah, but still, you know, knowing the Millers, they're they're
respectful. I don't expect it to be too out of hand, but I wanted to bring it up just so it was on the record that there were some concerns about it. And if it gets out of hand, we know we'll we'll get the emails about it, but um I agree with I mean, it's one day. >> Yeah, it's one day. It's going to be a
whale of good time, too. So, >> and to be clear, >> what's that? >> Jesus. >> The the Millers have been respectful to the noise in the past. They actually set up their own uh equipment to monitor it. Um they would get if if it got too loud
when they weren't there, they would tell their people to to to quiet down a little bit. So they have paid attention to this in the past to be to be fair to them. >> And I'm just for the record, I'm assuming you've you're coordinating with LCSO.
>> Yes, sir. Absolutely. >> Everybody's on the same page. >> Yes. I've already contacted the uh third precinct commander about it. We've had discussions about it. He's on board for deputy and staff that night. I will keep a ranger a little bit later that night to help. Um we will we will make sure
that if it gets to be too obtrusive that we will go and have discussion with the owners at that time. >> All right. Thanks, Tom. >> Thank you. >> There's no other questions. Is there a motion for the special event for the whales back sneak peek bash? >> I'll move to move this forward to
approve. >> Second. Motion by councelor Woodson, seconded by councelor King. Any further discussion? >> Councelor Woodson. >> I. >> Councelor King. >> Hi. >> Vice Mayor Adal. >> I. >> Councelor Saffford. >> Hi. And I'm an I as well. That motion carries unanimously.
>> Next is 20 uh 25-299, the first amendment to the water meter project. This is a resolution of the town council of the town of Fort Myers Beach, Florida, approving a first amendment to the agreement approved by resolution 25-235 with National Metering Service for the water meter replacement program, an
amount not to exceed 1,619,790 to authorize a meter model change from a radio frequency RF model to a cellular cell model for both the 5/8 and 1 in meter sizes and meter antennas, which
will increase the price by $24,162 for a new total cost of $1,823,952 to utilize cellular technology to one assure 100% coverage of the island for distribution of monitoring, meter reading and customer interface and two
rem retain and a reliable safe and efficient meter and distribution monitoring system authorizing the town manager to execute the first amendment to the agreement and providing for an effective date. Mr. Manager, >> Mr. Mayor, thank you. Is the details are all in there. You you you read over
them. This uh is just moving this process forward. We realize there's an opportunity for better, more timely, accurate, and resilient system. Jeff Hogy is here if you have detailed questions about uh the system in more or or how we're going to move forward with this.
>> All right. Councelor Safford, any questions? >> Not at this time. >> Councelor Woodson? >> No. >> Vice Mayor? >> Yeah. I if I could just just for the record, Jeff, if you could come up and just this is great technology and I think one of the things I think that we
probably ought to highlight is that it in in the long term this has potential tremendous cost savings. You want to talk about that for just a second. >> It was already on. Uh Jeff Hogy, community services director, uh town of Fort Myers Beach. Yeah, we had initially done the antenna um one which was going
to be be great anyway. um it was going to allow us to drive around um a little bit better and collect the data. Um the cellular device that we learned kind of after the fact is they're in the ground. So if we have a storm, we may have to replace all those antennas and the
antennas may go down um during a storm or a a disaster situation. The cellular stays on as long as we have cellular um communications. And I know a lot of times, especially now, you know, we went to a conference and they were talking
about I talked to somebody about Verizon. They come down right away with portable things. So, we can be right up online. I know last time we were we kind of gave away some some uh cost as far as water meters cuz all the meters were needed to be replaced. So, the cellular
data will allow them to allow us not even to have to drive around anymore. It'll be instantaneous data um where we can get um accurate readings of course and then they can see them right at in real time on their phone. So when they look at their their their
app online or look on the website, they'll be able to see real-time data. So if they do end up having a leak um or there's some questions about, you know, did I leave my my spot on outside, they can look and without even calling us and see the usage that it goes. So the
cellular data is just going to help greatly. It's inside the meter, which is great. Um, it's not an antenna on the on the outside of it. So, it's just going to be good. Um, overall, >> and it's it's actual data. There's no estimates anymore, right? It's all it's it's an actual read. Is that
>> Yeah, I mean, it's it was always actual data with the with meter read. >> In the old days, people used to have sometimes do estimates, and it's just nice to have that actual read. But I think the other piece of this puzzle is that if you do have a leak, uh it becomes readily apparent not only to the to prevent any damage, but also to if
there's an aberration in the bill, it also allows the customer to go to the town and say, "Hey, something's a miss here, and here's my history." And it's all it's all it's all there's so much data now that there's no there's no mystery anymore to this whole exercise. Is that >> Yeah, agreed. And and as far as the
estimating, we're we put a stop to that anyway because we we're going and digging up every single meter even if we can't read it. Um we're we're digging holes trying to find every meter and since the end I think we found almost all of them if if they've been recording. >> Yeah, I think this is great. Thank you,
>> Jeff. Since you're there, this is kind of a little off topic, but I have had a few people recently reach out about their water bill specifically and it's extremely low as comp in the past and they're concerned that if you remember after after Ian when our electrical services got on, we weren't getting bills for like four or five months and
all of a sudden you're getting hit with a three and $4,000 electric bill. They're concerned that in this changeover that these low bills are all of a sudden going to turn into one big fat bill once the system catches up. Is there anything we can do to alleviate? Is that going to happen? Is it not going to happen? >> I have not heard that honestly. Um but I
I'll check with the billing. That's billing is actually under finance. So we'll I'll work with Joe um to talk through that. I haven't heard of that. I've definitely heard of some uh some large ones that were leaks on on the customer side um that we've tried to remedy, but um I haven't heard of the
low ones. So please refer them to the the billing department on that. One customer yesterday had a very large substantial leak for 24 hours and their bill was less than what it was the month before. So they're concerned that the system might eventually catch up and this is going to be a very large water bill coming.
>> Yeah. So the cellular service isn't in yet. We still have to put those in. So they'll still continue if they have a leak say today, it won't be on there till their next bill. So they may see it next next bill billing cycle. >> Okay. maybe, >> but if they do have questions, they can
definitely call the utilities department uh and the billing department to see if we can remedy that. I know Mark Ashton um our utilities manager is very on top of going out and looking at at problems. I know he's worked with a number of uh both businesses and residents going to,
you know, his kind of our our job is to to go from the water meter to or from the distribution to the meter and then it's on the resident and the the business side. um after it goes from the meter uh as far as kind of coverage if there's a leak. But he's done a great
job of going out trying to, you know, help the residents out with whatever they can. You know, if they if he gets permission, he'll go and he's, you know, he's even, you know, seen instances where they just leave the the spot the water spet on and they can just tell it's running. So, um they can see what that that's like. Rick,
>> Jeff, while you're up there, uh we don't talk about we don't have an opportunity to talk about this very often. Can you talk a little bit about the pro particularly with people coming back for season? The the town has I think a kind of a cool and unique program for folks who want to fill their swimming pool and they get a little bit of grace. You want to talk about that just for a second
while you're here? >> Yeah, you get a onetime credit. Um it doesn't fill your whole pool. It's just a credit of and I believe it's Joe, if you could help me out with that one. That's the pool credit. I think it's 9,000 gallons, I think. Something like that. I I'll get the information, but um
I know it's a one time one time per year uh thing to refill up your pool. Yeah. And they just have to contact the billing the utilities billing department and set that up. >> That's what I wanted. That's that's perfect. Thank you. >> Okay. No, I agree. >> Unless you wanted to add, Joe. >> No, nothing to add.
>> Okay. >> All right. Council Woodson, any questions for Jeff or staff? >> No, I have none. >> Caffford? >> No, I'm good. Thank you. >> Thanks, Jeff. Yeah. Could you just address the funding for this request? >> Uh, yeah, the water fund.
>> Thank you. >> All right. Thanks, Jeff. >> Is there any further discussion or a motion for 25-299 first amendment to the water meter project? >> So moved. >> All right. Got a motion by councelor King. >> Second.
>> Seconded by councelor Woodson. Any further discussion? Councelor King. >> Hi. >> Councelor Woodson. >> Hi. >> Vice Mayor. >> Hi. >> Councelor Safford. >> Hi. nomin as well. That motion carries unanimously. Next is uh resolution 25-319 amended utility easement. This is
a resolution of the town council of the town of Fort Myers Beach accepting an amended utility easement from the Leo James Debiosi Living Trust UTD08 uh-20-25 and providing for an effective date. Nancy, >> thank you. U mayor. So, this is really
kind of a a cleanup one. This all stems from um an issue some litigation that occurred uh back last December. Um subsequent to that, there was a settlement agreement at which point the town would would pay Mr. uh Debiosi uh
some money along with our um liability carrier uh to make him whole. Um basically we put some pipes, some of our infrastructure on his property. Um, and part of that settlement agreement required him to go ahead and give us an
easement so that our pipes would legally be uh where they are. So, it kind of went back and forth with the easement and uh we brought the easement, a utility easement to you for acceptance, which you did, but
unbeknownsted to everyone, um there was actually just a transfer from one of his trusts to another trust. So, this uh request is really technical in nature. uh making sure that the utility easement that the town receives is from the uh
current owner of the property, but substantively there's really no changes to it. It's just changing the name of the grtor. >> Very good. Councelor King, any questions for Nancy? >> Nothing. >> Vice Mayor Hall? >> None. >> Councelor Woodson? >> None. >> Councelor Safford?
>> None. >> I do not have any as well. Uh, is there any more discussion or a motion for resolution 25-319 to amend the utility easement? >> So moved. >> All right. Motion by councelor Woodson, seconded by councelor King. >> Any further discussion?
>> Councelor Woodson. >> I. >> Councelor King. >> I. >> Vice Mayor Adel. >> I. >> Councelor Safford. >> I. >> And I'm an I as well. That motion carries unanimously. >> Brings us to our final public comment. Last chance. >> All right. Uh, no one here for public
comment, so we'll close public comment. Town manager items. >> Thank you, mayor. Um, just a few things for uh for everyone today. Myself and and some member members of staff were able to attend the uh international county and city manager association
conference last week in Tampa. It was a great opportunity to engage with municipal uh staffs from across the country as well as receive some timely uh presentations on uh on topics that affect uh municipalities all over. uh AI
dominated the conference uh artificial intelligence definitely and the ways that it's affecting uh our governments and the ability for staffs to uh do their job better uh and also the safety uh protocols that we need to put in
place for that. So, um we're going to be moving forward definitely with some more information briefs. We we found a lot of ways uh we identified a lot of ways we think it could it that AI could make us more efficient and effective uh in our business but uh at the same time we're also talk going to talk with our uh you
know our attorney uh team on uh on the safety protocols and uh and policies to put in place to make sure that we do that uh the right way. Um but uh a lot of opportunities there pretty exciting stuff. Um the meeting is all set uh for Wednesday, a conflict resolution meeting
with uh the school district of Lee County. Um looking forward to that and the opportunity to uh to you know find some paths forward uh for uh Fort Myers Beach Elementary School. Um happy to take any questions uh that you might
have on on that for uh for Wednesday. Will, if you could just for folks who might be watching, if they wanted to attend, would you just restate the location and what would be the what's the policy for for public comment? >> Thank you, Mr. Vice Mayor. So, the the location will be the auditorium at St.
Leo the Great in Bonita Springs. Uh it's off Bumont Road, which is right before 41. As you're heading down Bonita Beach um uh drive there, you just turn right and go right down to it. uh public is invited uh as well as uh media and businesses from here on the island have
been invited if they wish to come and speak. Uh we'll be following the three minutes per speaker uh protocol. Um and in coordination with the school district um you know there'll be some announcements uh at the meeting on how that's that will proceed, but uh
everybody's invited and we want to give everybody a chance to speak >> and that's at 1:00 on Wednesday. >> 1 p.m. on Wednesday. Thank you. Do you know uh at this point or Nancy uh what happens now that this procedure is in place? Uh what happens to the uh ad hoc
committee? Does it does it continue to meet? Does it meet in sync? Will it be uh uh set aside for a while? Which would be fine if this is the new new path? Do we have any ideas to what that process is? So the ad hoc committee is uh was
created um and has operated pursuant to the inner uh local agreement and there's the interlocal agreement is still in effect. It is a topic that could be brought up at the meeting u to see how that group might best assist in um some
type of resolution of the issues. That'd be great if you would if you would mention that to to Becky to to raise that on Wednesday, that would be great. Just to get some clarification. It's fine either way. Whatever whatever the good whatever helps the good of the order. >> Couple more things. Uh a FEMA update. So
uh unfortunately due to the uh due to the federal shutdown, we've uh we've had no contact with FEMA region 4 uh for the past few weeks. Um, we continue to update uh the remaining properties uh on the list uh to to bring them into
compliance. Appreciate everybody's uh involvement, community and staff in in continuing to move forward with that the ultimate goal when it when they do when communication resumes we'll uh we want to move forward quickly with towards a resolution. Um so no real further update
on that. Um positive note as well is uh we have uh started a a conversation maybe a a professional relationship with the MPA program Dr. Lee who runs the MO MPA program at Florida GF Coast University on um several opportunities
potentially for some of his uh students to possibly work with us in an intern capacity or assist us with some projects uh that that the town is is working on or might work on in the future. And one uh to start off with uh you know he's
agreed to um advise uh in a professional capacity the uh the charter review committee. Uh Dr. Lee was a city manager in Naples and he has is now in a consultant capacity in his academic uh roles assisting uh many municipalities
on things such as charter reviews and updating the staff. So um thank you Jason uh graduate of the program and and one of Dr. Lee's mentees for putting us in contact. >> Very good. >> That's all I have. >> All right.
Town attorney items. >> Um just the one item. Um I just wanted to brief you because um you know the Florida legislature has this tendency to mandate that local governments do a lot of things. Um and the one that has a
deadline of January the 1st is that the town um and counties as well adopt a procedure for reasonable accommodations for certified recovery residences. So there is a draft ordinance that has been
prepared in order for us to meet that deadline. uh that ordinance because it is an amendment to your LDC has to go to the uh LPA first and then a recommendation to you. We did add it to your um MNP just to advise you that this
was coming forward. Um however, since that meeting is cancelled, it's still going to go to L uh LPA on the 12th and then we'll come to you at first reading on the 17th. Um it's pretty uh simple
uh ordinance if you look through it. It basically just sets up the fact that um we will develop an application for it. Um and the procedure that we are proposing however is to require only one public hearing and that would be before
the LPA. Um if you think about it, these reasonable uh accommodations are really somewhat like a variance. um they want to put in a recovery residence and maybe there's a setback issue, maybe there's a
a handicap ramp issue. Um so we felt that um you know going to the LPA again the system and the process that you have regarding uh your variances and now your special exceptions that are like for like um that process seemed to work. The
other factor that kind of pushed us in that direction is the fact that the state statute requires uh the review and the approval to to occur within 60 days. And so by having just one public hearing at the LPA, it seems like we could
probably accommodate and and achieve that time frame. Um so that's just kind of a summary and an overview of what I would have said to you on Thursday. Um, again, the LPA will hear it on the 12th and then you'll have it before you for first reading um on the 17th.
>> Very good. Any questions for Nancy? >> No. All right. Council member items and reports. Scott. Uh, just to let everyone know, the charter review committee is meeting tomorrow at 2 o'clock for our monthly meeting. And we'll content stole my
thunder, but we're excited to be engaged with FGCU. There's a lot of possibilities. It's going to help us greatly. >> Councelor Woodson, >> I saw Howie walk in and I'm thinking he wants he was going to talk at public
comment at the end. >> Oh, okay. >> I've got I've got what he's going to say covered. I'll I'll hand Did you get a job at the parking lot down the street? >> No. So he doesn't get hit. >> Thanks, Howie. We'll cover We got you covered, Howie. We'll handle it.
>> We'll let you know. >> All right. We'll get it on record for you. >> We don't want to have to have Tom throw you out of here, Howie. I mean, we got you covered. >> I was gonna I was going to give up my time for you, Howie. But as long as it's covered, we're good. >> We'll get you covered.
>> Vice Mayor, >> I've got nothing additional. Oh boy. >> Thanks, Howie. >> Vice Mayor. >> Yeah, I already spoke, but but I've got nothing additional. Thank you. Yep. >> Councelor King. >> Nothing.
>> All right. Just to cover how's thing first. Tomorrow is the uh uh the softball kickoff. >> Opening day at 9:00. They're going to get out there. They play three innings. Two hours of softball, two hours of napping, and two hours celebrating. And
maybe not necessarily in that order. rankings before the >> and it is open to anyone that likes to come out and participate. Very good. >> Okay. >> Uh the the other thing is that tomorrow obviously is a a a day of voting. I
highly encourage everyone to get out there and vote. It will be at Bay Oaks from 7:00 a.m. to 7:00 p.m. Again, I strongly encourage everyone to get out and do your civil duty and and cast your vote. Before we adjourn, Tom, are there any parking instructions for tomorrow in
terms of helping folks where we're strategized parking at Bay Oaks? That's always an adventure. >> Since that was my last thing, that was my last thing that uh as we're starting to see our seasonal residents come back and they're coming in to get their um their stickers, their parking stickers.
Uh we have noticed it quite often about what the new fee entails with what you can do with the parking. Um, could we also get that information out? Maybe as they come in for their stickers, we can hand them something that says, "This is why your fee went from 25 to 50, but this is now what you get for that fee."
Because people think that they still have to only park underneath the bridge. So, I think being able to educate them as they get their stickers would help alleviate some of the reason they just see an increase and don't necessarily know or haven't been following all the posts that we've done about it. So, if we could redo that post potentially and
maybe give them something as they come in for that sticker so they understand what they're getting because people are excited when they know they can park outside of underneath the bridge and they're not afraid to pay the $50 then. >> Yes, sir. Um, >> will Mr. Mayor, we'll do that. >> So, to the first part for parking at Bay Oaks, uh the entire park lot is open to
them other than the area that's squared away for just uh town vehicles, but there's make accommodation for ADA uh accessibility as well. The gate is open. I don't think we changed anything else down there since we created some of it, but all the parking is open. Uh, and
both uh doors are accessible through Bay Oaks to be able to get in there for the voting process. Uh, to the second point with the parking, uh, we have been telling people that uh, I know uh, Riley uh, Baker, my ES coordinator, she is now
creating a little document that we're going to hand out to people when they get their permits now as well, letting them know they can park everywhere. So, we've been telling people they're at the at the window when they come for their permits, but we we will get another something out with the PIO as well. >> I think it's just when you say
everywhere, we got to be c I think cautious with when we say everywhere. >> Yes, that's fair. It has to be a has to be a >> townowned legal parking spot that does not uh not intruding in any way for uh traffic flow,
>> which includes wasting away, which >> which includes wasting away. any of our beach accesses under the bridge, street parking. >> Basically, any place that has a town of Fort Myers Beach. >> Correct. If you see a town of Fort Myers Beach parking sign there, then you can park there. We we would ask people to be accommodating to the fact that the
businesses are still operating down there. So, I if people are coming down, I know you've paid for your parking pass, but you know, don't just leave the vehicle there for 12 hours. Please be accommodating to guests that are coming over as well to have make sure there is some open spots for them as well.
>> Very good. Thanks, Tom. Thank you, >> Tom. Before you leave, I have a question. >> Yes, ma'am. >> Can we go back to Bay Oaks for a second for um the election day tomorrow? >> What is the um I don't know the the rules on I have an
idea that there will be some campaigning going on as you go into Bay Oaks and that type of thing. What are the rules and the distance from the actual poll center and can you kind of go over that a little bit? >> Absolutely. So, there's will be signage posted as to the areas where people can
be down there uh expressing their first amendment rights. There is a there is a uh express uh footage where they can be set up away from the polling place. Uh I've been working diligently with the third precinct commander again,
Commander Ler. He knows what's going on. He understands it. We will have rangers in the area and he will have deputies going through doing regular patrols. Uh if someone is there and they're intimidating people walking in in any manner, that's illegal. If they're out
there, they have a right to express their opinions as long as they don't intimidate anyone trying to make entry to the polling space in any manner. They can't block the entrance in any manner and they can't uh act in a manner that would be intimidating to any person who wants to go vote their conscience.
>> Thank you. >> Thanks, sir. >> Thank you. >> All right. There's nothing else. something. >> Serious. >> All right. All right. Anybody Anybody have an issue with giving How is his two minutes? >> None. >> I only need a minute. I want to thank
you all for Halloween. It was fantastic to see Fort Meers Beach back to what it used to be. And for that, I also want to find out where's what time's the meeting at St. Leo's because I feel the school's another important thing for our
community. Whether it's used as a school, whatever we have to go through, bringing the community together and having a spot is very important for the vibe of Fort Meers Beach. So, what time do I got to be at >> We'll get you that information, Howie. We We'll have someone write it down for
you. We already covered it. >> Thank you all. You really made it a good time for Halloween. >> Thanks, John. >> Well, I believe I got some good news from the judge today. So, regarding tomorrow, so I'll quote the great philosopher uh Chumba Wumbo when I say I
get knocked down, but I get up again and you're never going to keep me down. And with that, move to dis move to dismiss. >> All right. Any any further discussion? I'll second that. Any further discussion? All those in favor signify by saying I. I. Opposed. We are
adjourned at 10:30.