All right. Good morning, everyone. We're going to call this meeting to order. Today is December 15th. It is 9:00 a.m. All council members are present, including town manager, deputy town manager, town clerk, and town attorney. If you please rise for the invocation,
followed by the pledge of allegiance. We gather today in service to our community. Let us take a moment to reflect on the spirit of the season. The holidays remind us of the values that unite us. Kindness, generosity, and hope. May these principles guide our discussions and decisions today so that
they bring benefit and harmony to all who call our town home. Let us approach our work with respect, collaboration, and a shared commitment to the well-being of every resident. 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. >> Next, we have the approval of the final agenda. Are there any changes or a motion to approve the final agenda?
>> I'll move to approve. Got motion by councelor King. I'll second. All those in favor signify by saying I. >> I. Opposed. Hearing none. That motion carries unanimously. Next is public comment. Madam clerk. >> I have one signed up. Thomas H. Hot.
Hot. Hot. Hot. Hot. Hot. Hot. Hot. Hot. Hotton. >> Okay. >> Morning. Tom. >> Good morning. My name is >> Go ahead. Lift. You can lift it up to your >> There you go. >> Can you hear me now? Okay. Uh, good morning. My name is Thomas Hoden. I'm
the owner of Lola Surfside Restaurant. >> Is your mic on? >> I don't. No. >> Push the button down. Hello. >> Josh is saying yes. >> Yes, we're good. >> Okay. >> Yes. So, I've been the owner of LOL, a Surfside restaurant, for just over 10
years now. I've worked right there in Time Square for the last almost the whole time Lola has been in existence. Um, Lola has been known as a a very successful live music venue and we've been hosting live music performances um
somewhere between 450 to 500 performances per year um for the better part of a decade. Um in 2012 we were given um a special exception. At the same time, um, we
I guess we progressed from having a 2 COP liquor license to going to a full package license of 4 COP. And at the same time, we were granted the ability to have live music outside, which was um, a great exception from the norm where the requirement is that you have
to have your your live music within the confines of your building. Lola, as you might remember, only had a kitchen and a bathroom that were interior and the rest was outside. So, by default for it to work, we we needed
the approval to be outside. Um today, um this is kind of an uncomfortable situation, but unfortunately I'm here to talk about my neighbor because um he's Buffalo Grill is asking to have live music performances literally 10 to 15 feet away from the exact location where
I have my live music performances. Um, I think the I I've invested a lot of money in sound barrier wall to help keep the piece um to keep the odors from the portaotties to keep the sounds from
cranking the stereo from interrupting my music performances. And I don't have any confidence whatsoever that if if they are allowed to do so that we're going to be able to keep the peace. And I I just think it's going to create a nightmare situation with the absence of the
buildings at this point. And I urge you to to really take a a look at this and and deny this application until the buildings are constructed in Times Square. Um our building we we we still are moving forward with our plans. We're
going to start with a wave mitigation wall this summer and plan to go under construction with the building the following summer. And at that time, we will most definitely have it designed in a way that the acoustics can be contained within on our property. At this point, being all open air out
there, it's it's impossible to uh to contain and it's going to be a very difficult situation. So, thank you for your time. >> Thank you, Tom. >> Anything else? Any anyone else, Amy? >> That's all I have signed up. >> Is there anyone else who would like to speak in public comment?
All right. Seeing none, we'll close public comment. That brings us to our next agenda item, which is local achievements and recognitions. This morning, we are honored to present the Mayor John Mhalland Stewardship Award, which recognizes outstanding contributions to the protection and enhancement of Fort Myers Beach's
natural environment. Each year, this award is given to individuals, businesses, or organizations whose efforts in habitat conservation, wildlife protection, environmental education, or community engagement have made a meaningful impact. As part of this re uh recognition, each recipient
is me memorialized with a golden leaf incorporated into the decorative mangrove tree displayed at town hall. The tree is currently undergoing refurbishment and the new leaves honoring our recipients will be added once the work is complete. Today, we are proud to recognize the recipients for
the 2024 and 2025. Our 2024 recipient is Tuniskin, Inc. Tunis founders and team have shown a long-standing commitment to our island supporting beach cleanups, community initiatives, and environmental stewardship that streng strengthens the the health and beauty of Fort Myers
Beach. Joining us today are co-owners Bill and Dana Bronard along with events and sales director Ben Duval. Congratulations to Tuniskin. Please come forward to receive your award. All right, stand up and take a picture of
come on up. Appreciate it. >> Thank you very much. >> Congratulations. >> Just a great wedding. That was beautiful, wasn't it? A beautiful >> Then if you guys want you guys want to stay up here, we'll get a picture.
>> Yeah. Just I think if we just stay up here that way we're not and you guys want to stand in front and >> let's have go down. >> Even I got to stand on the chair behind Bill. >> You're good.
>> Okay. Next is our 2025 Mohalland Stewardship Award recipient, Mary Rose Spalta, who whose many years of service, involvement, and dedication to the Fort Myers Beach community exemplify the spirit of stewardship and community engagement that this award honors. On
behalf of the town of Fort Myers Beach and the Marine and Environmental Resources Task Force, it is an honor to present this 2025 Mayor John Mhalland Stewardship Award to Mary Rose Spalta. Congratulations and thank you for all that you do to protect and enhance our
natural environment. >> Whatever you would like. >> Thank you so much. >> Great. >> Just watch your stuff. I'd rather see you all on the beach, but it's nice to see you here. >> Thanks so much. Thanks. >> Thank you so much. >> Thank you so much.
>> Don't go away. You got to come back for a >> picture. Perfect. notes. Do you have a minute? >> Go ahead. >> Yes, please. >> Yes. If you >> Bill, if you guys would like to say a few words, too. >> To be honest with you,
>> you got to turn the mic on. Mary Rose, >> press the button, Mary. >> This one? >> Yep. >> Thank you. >> There you go. >> One more time. One more time. >> Do it again. It's >> green. >> There you go. >> Now, is it on? Y. >> Oh, good. Yeah. I have to tell you that I'm thrilled. I I think I might be in shell shock, but uh first of all, I I
want to start off by saying good morning to any everyone. Thank you. Thank you. Thank you. Um, of course I have thanks for the MURF committee, for the council for voting for me, for all the volunteers that I work with every day,
for all the town workers who were always so pleasant and helpful, and and of course to the public, um, not only our citizens, but but our visitors. It's just a pleasure to work with them. I have to tell you that seriously, I'm I am honored, but but I'm also humbled.
Um, I'm I'm honored to be nominated that you think I'm worthy, but but I'm humbled that you've recognized what I think are my humble efforts because I enjoy doing what I do so much. I have to tell you that I I'm honored to be
included in in this list of people whose names are on all those mangrove leaves. I I'm honored to be so proud to be a part of them, but I'm humbled when I read about what their efforts were and what they managed to accomplish. I have to tell you that
I am very honored to be considered environmentally conscious, but I'm very very humbled when I think about the seriousness of the responsibility of our beach stewardship. And I in closing once
again, thank you to Murf for nominating me. Thank you council members for voting for me. Thank you to all the volunteers, not just Turtle Time, but so many volunteers from so many organizations who are always eager to help. Thank you
for all the town workers. I I've not met anyone working for this town who's not been a pleasure to work with. And thank you so much to the citizens of the beach and all of our visiting public for treating our beach with respect. Thanks
again. >> Bill, do you guys want to say anything? >> That doesn't go up a little bit further. Maybe you need that one. >> Well, I didn't I didn't have anything prepared, but uh we just we want to thank you guys for for voting us and seeing the hard work that we put in. Uh
Tunis definitely committed to keeping our community clean, you know, keeping it uh waters uh clear, keeping, you know, keeping the trash off the beach. Um you know, we've started the beach cleanups that we do on Fort Myers Beach.
Um this is going to be our 11th year. Um, we started with 30 or 40 people. Now we have to cut it off at 450 people. So, our cleanups have become, you know, a huge success. You know, people look uh look forward to this event every year.
Um, so that's, you know, one small part of what we do. Um, we partner with some coral restoration programs in the Keys. We do cleanups at all of our locations, uh, Siesta Key, Key West. So, our events team is always busy, you know, very busy putting on putting on these events. Um,
you know, stewardship environment is huge to me. Uh, I'm a I'm I'm a fisherman. You know, I uh I love the water. I love uh being around the water. I love paddle boarding. So, all of that um resonates extremely loud with me and
my personality. So, that's the the driving force behind what we do. You know, we care care about the environment. We care about what we do. We want to leave a lasting impact of, you know, of the environment. Uh, so Tuniskin is is is proud to proud to do these, proud to sponsor these events,
and we uh we appreciate the recognition you guys have given us. Thank you. >> I don't have to say anything, but I really want to. Um, I we really appreciate that. I'm I'm actually not from the Fort Myers Beach community, but to see that everybody, especially after
Ian came together, and I'm so used to performing to the biggest crowd, so it's really odd to talk to you guys. Um, but to see the Fort Myers Beach community come together and kind of pull yourselves up by your bootstraps, I appreciate that and and that's really an example for for the state of Florida.
So, I really appreciate that. Thank you guys. >> All right, Jim, local achievements, recognitions. >> Uh, good morning everyone. I would like to this morning recognize John Gaunt. John is a boat captain for Day Five
Charters. Uh he and his wife Kate have eight children. Uh the oldest of those three kids were adopted through the foster care system. They live on Fort Myers Beach. They were here on the island for the hurricane. Uh and so they fully understand what everyone has been
through. Uh before John was in the fishing charter business, he and his wife were missionaries in El Salvador. Um, and he has been called to start a church here on Fort Myers Beach, and he hopes to call that new church Mangrove Community Church. He's in talks with
Shan Critser and the good folks at Beach Baptist Church to see if the baton could be passed to John and he could then pastor the new church at the old Beach Baptist location. So, I would just say if if you or someone you know who does not have a church or a church family and
are interested in getting involved in this new effort, please reach out to John at uh his cell phone number is 2399427. His email address is john5 the number5charters.com. I've had the privilege of hearing John
preach and I know he'll be a blessing to our island. So, I just want to wish him God's speed. That's all I've got. Thank you, Mr. Mayor. >> Thanks, Jim. Rebecca, >> I'll just make it quick because I'm sure others will speak to this same topic, but the women's club, my goodness,
>> what they do for this town, the event at Margaritavville was absolutely spectacular, and it just kind of launches off the season. So, well done. Well done. Thank you, >> Scott. >> Yes, that was an incredible event. Um, I also want to give a shout out to the
Fort Myers Beach Chamber. That boat parade was awesome. I mean, we had over 40 boats and just looking at the crowd, not only, you know, at at the restaurants, but at private houses. I I don't think I've ever seen so many people out there. And it was a beautiful
night. And it was really well done. And uh again, wi with the women's club, it's a great way to kick off the the holiday season and and our season. >> John, >> nothing other than Ditto. Uh yeah, I'll just take a minute. You both the the
chamber and the women's club with the two events that they had back to back um were pretty spectacular. I think the women's club raised right around 40 to 50,000 dollars for local charities, not just specifically for the women's club. So it was a well attended event. Um thanks to Margaritavville for helping
them. Also, I want to recognize uh Jason from ICS. If you notice the tree over here to our left, that was one of the trees that the uh PTO did. And if you were at the event, that was the main tree and then there were five trees that small trees that were around it. So, we
were bidding on it. Jason outbid us, but he was nice enough to donate it back. So, that tree, the plan for that tree is to stay there for uh the season and then we'll box it up and when we get our new school back, we'll put that tree in there because if you didn't notice, all the little dolphins have the names of the students on it.
>> And then the remaining five trees will be at the beach uh the bike parade event this Saturday at the concert at Margaritavville with Ben Allen. Um, and we're going to try to raise some more money with those small trees for the PTO. So, if you want to come out to that event, uh, we're going to start it at 100 bucks for each small tree and, uh,
you could take them home that day and, uh, the money will go to the PTO. So, thank you guys for your help and the tree is awesome. Thank you to all the people that helped get it here. Will on his day off on Sunday was nice enough to come down and help us get it in the building. So, uh, so thank and that's
all I have. Next is our advisory committee items, reports, and appointments. I don't have anything. Do you? No one. Okay. Next is the approval of minutes from the town council meeting on December 1st, 2025. Is there a motion to approve the minutes? >> So moved.
>> Got a motion by councelor King. >> Second. >> Seconded by Vice Mayor Safford. Any further discussion? All those in favor signify by saying I. >> I. >> I. Opposed. Hearing none. That motion carries unanimously. Next is our consent agenda. We have nothing on that. So
there is nothing that was removed which brings us to our public hearings. Uh let me get my chi out. Today we have four items on the agenda. Our public hearings for review of various land use requests for the benefit of the public.
Please be aware that these items are quasi judicial judicial in nature. Our attorney will further explain. >> Thank you mayor. Um the four items on the agenda today we have one variance, two amendments to existing um commercial plan developments and one development
agreement. So these four items they are quasi judicial in nature and this requires that these public hearings comply with procedural requirements that been established in Florida law and in our land development code. So our quasi judicial proceedings these are less
formal than a proceeding before a circuit court but they off more formal than the remainder of our meeting. We must follow some basic standards of due process that require certain notices the application of the correct standards and decisions to be made on competent
substantial evidence that is provided to or presented to the town council either in written documents or through oral testimony. The town council will then evaluate the testimony and the information that has been presented for each item and draw a conclusion
regarding whether the criteria that is in the land development code or in state law has been satisfied. So pure speculation or just opinion that is not based on competent facts cannot legally be considered by the town council in
evaluating a particular 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 their testimony that is based on their personal information and knowledge. The town council's decision is final. If a decision of approval is not obtained or if a tie vote results uh to
approve or deny a motion, then the matter being conser considered is denied unless the majority of the council present and voting agree by motion before the next agenda item is called to take some other action in lie of the denial. In the event of a denial, the
reason for the denial will be stated in the motion and it cannot be based on a determination of public support or opposition. The reason for the denial should not be arbitrary, discriminatory or unreasonable, but it should be based
on a lack of competent and substantial evidence uh in support of the required criteria that is in the record. So, if you intend to speak, please keep my comments in mind and when you come forward, if you could state your name
clearly for the record, whether or not you have been sworn in, your qualifications or your interest in the matter for recordkeeping purposes. Also, for um purposes of efficiency, we would like to go ahead and dispose of a few matters
pursuant to concerns related to due process. I need to ask our town clerk if all the agenda items have been properly noticed today pursuant to our land development code. >> Yes, they have been. >> And also, I'd like to ask the town
council if any member has a conflict of interest that would prohibit them from voting on one of these items, if you would please disclose that at this time so that we can make sure that we still have a quorum present for the review of the item. >> Jim,
>> I have none. Rebecca, >> none. >> Scott, >> none. >> John, >> no conflicts. >> And I have none as well. >> Okay, great. Um, so at this time, if there is anyone in the audience um who is intending to provide oral testimony today, if you would please rise and the
town clerk will administer an oath. >> If you can raise your right hand, do you swear or affirm that the testimony that you're about to give is the truth, the whole truth, and nothing but the truth? >> Perfect. Everyone's been sworn. >> Okay. The first quasi judicial item is a
resolution of the town council of the town of Fort Myers Beach approving approving with conditions or denying variance 20250261 requesting a variance from LDC section 34-652 F2C to allow an 8 foot wide dune
walkover where a maximum 6' wide dune walkover is permitted for use other than single family residential in the environmental critically zoning district for the public access easement beach access number 41. one recorded for the real property located at 252 Astero Boulevard and 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 discuss and the identity of person group entity with whom the communication took place or
correspondence that you received for observations made of the site Jim >> none >> none Scott, >> none. >> John, >> nothing. >> And I do not have anything as well. Uh Jason Smallley has been qualified as an expert already by this town council and based on his education and experience
has been accepted as an expert witness 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? >> Good morning. >> Hi, good morning. I'm Jordan Barb with
Johnson Engineering. I'm represent the uh Lee County as a design consultant, the engineer of record for this project and I was qualified in front of the LPA a month ago, but I've not been qualified in front of council. >> All right. Is there a motion to approve Jordan as a qualified expert witness in this case? >> So,
so move. >> Got a motion by Vice Mayor Safford. >> Second. >> Seconded by Councelor Adhalt. Any further discussion? All those in favor signify by saying I. I. Opposed. Hearing none. You're an expert. Um, has the property owner and applicant
seen a copy of the agenda backup materials from staff? >> Yes. Okay. Go ahead, Jason. >> Good morning. My name is Jason Smallley. I'm with your planning and zoning department. Uh, before you today is uh one half of a request that came before LPA. Uh, before you today is the
variance portion of that request. Uh there was a special exception for development within the EC area that was passed unanimously. Uh the variance before you today uh received a 41 approval and therefore it had to come
before town council for this reading. Uh the request before you today is simply to uh request the expansion of the dune walkover from the six-foot that would be allowed in our code within the EC zoning area to allow for the development of an
8 foot wide um dune walkover. This 8- foot wide dune walkover uh existed pre-storm and we can validate that uh the structure itself existed going back to 1998 although there is evidence to show that it did exist prior to that.
Again the request before you today uh the approval for the 6-foot portion of it uh has already been approved at uh LPA. The request today is to allow for them to expand it to the 8oot that existed pre-torrm. If there are any questions or concerns for staff, we are
here and Lee County's representative is here as well. >> Okay, John, any questions? >> Nothing currently. >> Scott, >> not this time. >> Rebecca, >> none. >> Jim, no. Thank you, Jason. I don't have anything yet.
>> Uh Jordan, again, I'm Jordan Varble with Johnson. I'm a licensed professional engineer in Florida. Um, as Jason mentioned, the county would like to replace the dune uh walkover boardwalk that was destroyed by Hurricane Ian. Um, the county is
receiving um FEMA funding to replace the the structure. And so, yeah, the request is to put it back in the same footprint that existed prior to the storm. And I'm available with any questions. >> John, any questions for Jordan? >> Nothing. >> Scott,
>> not right now. Rebecca, >> no. >> Jim, >> I just had a question in terms of location. Is that I'm just trying to remember my in my memory here. Is that is that extended to Lynh Hall Park or into Time Square? >> The student walk further north.
>> Further north. That's what I thought. Okay. I just was confused by that. Thank you. That that's all I've got. >> And Jordan is do you have any issues with the conditions that were placed on the staff recommendation? >> I do not. No. >> Okay. Thank you. Jason, um
>> I would like to make one point and thank you for bringing up the conditions of approval. Uh as the previous uh requests, they had uh the county has requested to be able to work within turtle season if necessary. We had removed a prohibition on that in
previous requests. This is um that uh prohibition is not located in this uh condition of approval. But uh we just would did want to be explicit that if they decide to do work within the turtle season uh they will be responsible for any monitoring that's necessary and
they'll be working with our environmental department as well. U the staff has uh recommended approval on this um with the conditions as listed and we uh have looked at it as a dimminimous ask for the additional two feet.
>> Okay. Thank you Jason. >> Jason can you just clarify something for me in the staff report. But it says it's a like forl like replacement of 8 foot >> wide. >> So there's not any good real good evidence other than pictures that it was 8 ft at the time and we did not have any
record of them requesting uh an additional additional width at least since the codes have been passed. So this was an agreement uh with staff and the county to make sure that they get on record the additional width uh just so that they have that on the record that it is going to be an 8 foot and there's
no question of it in the future. Okay, thank you. >> Thanks, Jason. Public comment. Are there any members of the public who wish to comment on this matter? If so, please come to the podium and identify yourself, provide your address, and whether you were sworn in. You have anything, Amy?
Public comment. Anyone care to speak? All right, we'll close public comment. Jordan, I assume you don't have any rebuttal statements. Okay, I will now close a public hearing. request a discussion or a motion from town council to approve, approve with conditions, or deny with reasons or a continuence to
assign time certain discussion or motion. >> Mayor, I'll move resolution 25-333 with the conditions in the staff report. >> Okay, got a motion by councelor King. I'll second. Any further discussion? Councelor King
>> I. >> I'm an I. Vice Mayor >> I. >> Rebecca >> I. >> Councilhol. I that motion carries unanimously. Thank you, Jordan. Next is an ordinance of the town of Fort Myers Beach, Florida, approving approving with conditions or denying an
amendment to the commercially planned development CPD approved by ordinance 24-18 for the property located at 1668 I Street, Fort Myers Beach, generally identified as strap number 1 19-46-24-W4-0070B.01. 0110 in Fort Myers Beach providing for
amendment to the deviations to include a deviation to allow three signs of total of 108 square feet where a maximum one sign of 32 square feet is permitted providing for conflict of law scriveners errors and providing for 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 at the site? Jim, >> nothing since the last meeting since first reading. >> Rebecca, >> none.
>> Scott, >> uh perhaps a site visitor too. >> Tell us more. >> John, >> nothing that I recall. >> Nothing either for me. Uh Jason Smallley 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 that we're not at the last hearing? >> I was at the last hearing.
>> You were? >> I was at the last hearing and previously qualified. My name is Renee Oi and um I spoke at the last town council meeting. >> I don't think we need to redo it, do we, Nancy? >> No. >> No. All right. Thanks, Renee.
>> Go ahead, Jason. >> Again, Jason Smallley, planning and zoning. Uh before you today is a request for a deviation to an a previously approved uh CPD. The request for 1668I street uh as the mayor had mentioned is
to allow for a total of three signs with a total uh proposed square footage of 108 square ft. Uh there is an existing sign of approximately 30 ft 29 and a half. Um on the front of the building
that is a amber illuminated sign. Uh they are requesting two additional signs. A a rear sign that would be facing the beach non-illuminated uh at just under 50 square feet and a side or north facing sign similar to the one that is facing the existing one facing I
street at again 29 roughly 29 1/2 square ft non-illuminated. So that would provide them one illuminated site that will be um presented to I Street and Eststerero and the other two signs would be non uh non-elilluminated.
U the request before you is to uh change the CPD. So this would uh include a rewrite of the CPD adding two uh new conditions or excuse me two new deviations into that list. provided for you in your packet is a lined uh version
of that new updated deviation list. If there's any questions um or concerns, staff is here and otherwise the applicant's uh representative here is here as well. >> Uh John, any questions for staff? >> Nothing currently. >> Scott, >> not right now.
>> Rebecca, >> none. >> Jim, >> none. >> Thanks, Jason. Go ahead, Renee. >> Good morning. >> Good morning. I'm I'm happy to be here this morning after this process started in June of this year. Uh we applied in July. We have received a staff
recommendation for approval. We've been before the LPA, received unanimous approval at that meeting and also were before you last month and received unanimous approval of this amendment. We have posted signs for several months. We
have uh advertised the event or excuse me the approval and um the the signs were found to be architecturally uh compatible, turtle friendly, consistent with the neighborhood and they have agreed to comply with all conditions of approval. So I think we're ready to say
merry Christmas and uh seal this one up if unless there are questions or concerns. >> Okay, Jim, any questions for Renee? >> I do not. >> Rebecca, >> no. Renee >> Scott, >> none. John, >> nothing. >> Thank you, Rebecca or Renee. Sorry. >> Begin with the R.
>> Begin with an R. All right. Public comment. Are there any public Is 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. Amy, anybody? No. Anyone in the public?
All right. Seeing none, I will now close public 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. Is there a motion or discussion?
>> I move we pass ordinance 25-21 CPA 20 2550188 1688 I Street. >> I'll second. >> Got a motion by Vice Mayor Safford, seconded by Councelor Ederhol. Any further discussion? Scott >> I. >> Jim I. >> Rebecca
>> I. >> John I. >> And I'm an I as well. >> Thank you. >> Merry Christmas. >> Thank you. Motion carries unanimously. That brings us to our next item on our is a ordinance of the town of Fort Myers Beach, Florida.
Let me start over. This quasi judicial agenda item is the second reading of public hearing on proposed ordinance 25-22. It's an ordinance of the town of Fort Myers Beach, Florida, approving approving with conditions or denying an amendment to the commercial planned development. CPD approved by ordinance
24-15 for the property located at 125 and 131 through 151 School Street and 2661 to 2681 Boulevard, Fort Myers Beach, generally identified as strap numbers 1 9-46-24-W3-0020C.0230
1 9-46-24-W3-0020 C.270 0270 1 94-46-24-W3-0020C.0290 in Fort Myers Beach, providing for revisions to the schedule of permitted uses to include outdoor consumption of alcoholic beverages on the property as a use associated with the approved hotel
and restaurant uses, providing for conflict of law, scrier errors, and providing for an effective date. 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 witness 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 that were not last time? All right. And has the property owner applicant seen a copy of the agenda backup materials from staff? All right. He's nodding. Yes. Go ahead, Jason.
>> Thank you, ma'am. Uh Jason Green, community development. Uh you have this is the second reading of this application for you for related to the alcohol consumption on premise and the outdoor seating. Um there's been some amendments to the uh conditions of approval from since the last meeting. Um
and I'll cover those real quick. Uh staff had recommended approval based with it recommended with the conditions uh and all the things that go with it. Um the condition number 12 and 13 uh 12 is related to that is in exhibit B.
uh of this agreement. The condition 12 related to the time of the outdoor of the consumption of alcohol and then condition number 13 related to sound, music, those types of things that were discussed during the first reading. Um we've offered some of that language to the applicant and that's included in
your packet. >> That's on page 236. >> Thank you. 236 >> and that's condition 13. So those are the things that were primarily discussed uh by you the council and and the applicant during the previous meeting. So with that we staff
has recommended approval and recommend those conditions um and kind of consistent with the land development code comprehensive plan as recommended. >> All right Jim any questions for Jason? >> Nothing at this time. >> Rebecca? >> Nothing. >> Scott? >> Nothing. >> John?
>> I have no questions but I uh we did skip over disclosures and I have nothing to disclose since the last meeting. Let me go back if you give me just a second. If any town council member has had any expert communication to discuss, 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. Jim, >> nothing since the first reading. >> Rebecca, >> none. Mayor >> Scott, >> nothing since the last meeting. >> All right, John, >> already disclosed it. I have nothing. Thank you.
>> Just want to be thorough. John, thanks for catching up. >> Mr. Mayor. >> Yes, sir. If I could add something, I think uh the deputy town manager brought up a great point that if we leave the language as when school is open, it could technically limit the applicant significantly because school is always open. It we should possibly Tracy has a
recommendation for amending that language. >> Okay. Um, at our discussion last time when this came around, there's I would recommend if we're more concerned when students are on campus that we follow the school district's instructional calendar, the student instructional calendar because technically there's
always staff on campus. So, the school is always open. Um, so just something to consider knowing that the instructional calendar may change if emergencies, inclement weather comes up and then there may need to be some adjustments to that. So, Nancy,
>> um, Tracy Let us know if you feel that uh for clarification if you'd like to change the wording a little bit, but we did put in in use and that the intent was basically if that property is being used in any capacity. Um we thought that that
would encompass it, but if if you're not comfortable with that, I'm open to additional language. So, if there were an event going on outside of school hours, >> yeah, I see what you're saying. I just want to make sure that um no live music
shall be allowed when the school is open. The school is always open even during the summer, >> but I don't see where it says open. It says in use. >> It says open in the staff report. Oh, >> but under the conditions of approval.
>> So, that was the amendment. Sorry about that. That was the amendment under conditions on that page to Nancy referenced >> take a look at um 236 >> page numbers that clarify that one more time in use means >> so the the way that it reads now is um
music shall be allowed during the hours when the adjacent >> uh in quotes school property is in use >> because we don't know I mean the the use of the property is in flux it may not be a school and then in that situation we
still wanted the noise uh or the music restriction to apply. >> Okay. >> Um but we did say in use. So again, that would cover um an event on the weekend. >> Mhm. >> Or if the doors of the school were open for a reception or whatever. Um
>> and I assume then that the ownership would be in close contact then with the Yes. >> the school or the school district. >> We we put that into the revised language. Um and it Let me just read it. Um, in the event the volume of the music is disruptive to the use of the school
property, upon notice and a request from a representative of the school property, the property owner agrees to immediately decrease the volume of the music unless the volume is in compliance with the noise levels contained in the town code.
So if their level of of the music is consistent with our code, there's really no basis to require them to lower it. But it does express their um requirement or willingness to work with their
neighbor and if their neighbor, the school property owner, whoever that may be, comes and says, "Hey, the music's too loud. Would you bring it down?" Um that's what we put in there. kind of a voluntary good neighborly type
situation. >> Okay. I think that's a good discussion to have since especially since the report. >> Yeah. >> The conditions from the agreement were modified for that as discussed. >> Thank you for clarifying >> and just for for your knowledge the the per the code the measurement of that
volume is from would be from the school property. So, it's not it's it's not as it's it's measured as is affecting that property right at the property line. >> Any Where did I leave off? Any questions for Jason? >> All right. Go ahead.
>> Morning, mayor, members of the council. For the record, Keith Long, attorney with Long Law here on behalf of the applicant. Um we've covered this uh majority of it during the first portion, but we are here for a minor amendment to the CPD at uh Meyer side with the uh minimum adjustment for the uh to allow
for the outdoor consumption on premise uh in conjunction with full service restaurant for those two areas that we previously discussed. Um, as the discussion has already evolved a little bit, uh, one of the changes, the only real change from the last discussion, uh, when when you guys, um, moved it forward for the second hearing, there
was some discussion at that meeting about the music and how that was going to relate to, um, the operation. I spoke with the city attorney's office and in the interim, um, few pesky laws got in the way with regards to how we can limit that. And so, what we've resulted in here is is what's before you today,
which is, um, in most respects just sort of a good neighbor. um uh modification with regards to the the operation uh in in all reality as far as operating uh the music. It's just essentially defers to the the code and noise ordinances that you guys already have on um uh on
the on the on code. But of course, the uh the goal as always and I believe I I reiterated last time at the end after I got a message from the property owners, uh there is no uh desire to do live music. We can't necessarily put that on the record here for for reasons uh previously stated. Um, but I just want to uh submit that to you as well just
for consideration. >> All right, Jim. Questions for Keith? >> I think everything's been covered. Thank you. >> No questions, >> Scott. >> I'm good. >> John, >> I have nothing. >> The only question I have is revolving around condition 11. It says on premises
in this in 690 feet of outdoor space in restaurant. But with does would that be construed? I know there's talk about having it on the top and with the commercial space down below. Could this be looked at as it can be anywhere on
the property essentially as long as it is a is a restaurant open open restaurant space or could it be 330 ft upstairs and 300 ft downstairs or >> uh No, I think the intent of that was to match the the plan that they provided as
as part of this that's also one of the existent area of the 691 and then the rooftop part of it is was included with that also. >> I just I understand the intent. I'm just >> to break it up and create additional spaces >> if I mean is it is can it be moved? I
understand the intent is to have it >> I would say where it is but the site >> plan does this does staff feel comfortable enough that this is >> is going to be used in the area that it was applied for? Yes. And not moved to another part of the property. >> Correct. >> Okay. >> Yeah. The site plan is uh included as
part of the approval process. So if they were to move it to another area, they would have to come back and amend their site plan. >> Okay. I just want a clarification >> if I could, Mr. Mayor. Also, there's provisions in the existing uses that say that if an additional uh applicant or operator was to come for consumption on premise, they would have to come before
this same process for you all. I think uh although certainly worth a note, the provision in section 11 actually references a portion of the code as it pertains to the uh the alcohol license for the 51% or more food sales >> rather than the actual space itself. >> Thank you for the care. >> Of course.
>> All right. Is there anybody else has any other questions? Nothing. 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. Amy, no one. Anyone?
All right. Seeing none, we'll close public comment. Keith, I assume you don't have any rebuttal statements. >> I do not know, sir. >> Okay. I will now close a public hearing. Request discussion or a motion from town council to approve. Approve with conditions, deny with reasons, or a continuence to a time certain. Motion or
discussion. Mayor, I'll move ordinance 25-22 with the amended conditions of approval. >> All right. Got a motion by councelor King. >> I'll second. >> Seconded by uh councelor Adhalt. Any further discussion? >> Councelor King. >> I. >> Councelor Adult. >> I. >> Councelor Link
>> I. >> Vice Mayor Safford >> I. I'm as well. That motion carries unanimously. >> Thank you. >> Thank you. >> Merry Christmas. >> Hey. Merry Christmas. >> Our next item is a quasi judicial item. is a second read. Second and the second and the adoption reading public hearing
is on proposed ordinance 25-9. It is an ordinance of the town of Fort Myers Beach, Florida, approving or denying a home rule development agreement for property located at 50 Old San Carlos Boulevard, Fort Myers Beach, Florida. Strap numbers 24-46-23-W3-00208002A.
Owned by Carlos L. Chavez and trustee for the Carlos L. Chavez Trust 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 agreement with deviation set forth in
resolution number 24-247 for the purpose of redevelopment of the property to allow a mixeduse development with commercial at the open ground level and single family residential above providing for terms and conditions including but not limited to the identification of the proposed use 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 with 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. Jim, >> none since first reading. Rebecca,
>> none at all. >> Scott, >> none since first reading. >> John, >> nothing. >> And I have nothing since the first reading as well. >> Jason Green has been qualified as an expert witness already by town council and based on his or her his or her 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 that were not qualified at the first reading? Same team. >> Same team. Okay.
>> Has the property owner seen a copy of the agenda backup materials from staff? Yes. >> Yes, they have. >> All right. Go ahead, Jason. >> Thank you, Jason Green. Community development. Uh, as being a second reading of the developers agreement, I'll be a little bit brief here, but um, the applicant uh, excuse me, uh, the deviations and conditions of approval
are the same as from before. Um, as mentioned, it's a lower level commercial use with an upper level residential use. Uh the deviations that were included in exhibit B I think
uh include uh deviations to setbacks uh floor area ratio F and also some uh landscape edging plantings doing an alternative to that. Um I would like to say uh because we're actually trying to do this more specifically now the appro
your approval if approved the renderings that that is your acceptance that the architectural drawings are significantly or in compliance with the town's codes. Um we're going to try to say that more specifically so that if you have an issue with something push back and it's more clear later on um when we're doing
the actual building drawings reviews. We've come into some issues there. So, um, it's under your perview to be able to do that except those architectural standards and then we'll apply the the building codes to that later on if that makes sense. >> Um, other than that, the TF staff has recommended approval with the conditions
and the uh and also the deviations. Um, and that's all I have unless you have a question. >> John, any questions for Jason? >> Nothing currently. >> Scott, >> no. >> Rebecca, >> no. >> Jim, >> not at this time. >> I do not either. Right, Patrick?
Good morning, Patrick Vaness uh with the neighborhood company. It's a pleasure to be here today. We uh we're here about uh just around a month ago and uh my recollection is uh conceptually um we obtained your support for uh this
developer agreement. some of the verbiage within the developer developer agreement uh was modified and I think we're just coming back here today for our attorney and the town attorney to concur that the changes have been made
everybody's in agreement and uh that it can be approved uh by council. So I've got copies of that language. I'm not going to go through uh a detailed presentation again and I'll let uh Richard Aken, the the attorney for the
client, just walk you through that. >> All right. Morning, Richard. >> Good morning, Mr. Mayor, members of the council. For your record, uh Richard Aken, attorney with Henderson Franklin in Fort Myers, here this morning on behalf of the owner applicant.
I'll let Pat finish. >> Sure. And just for the record, Patrick is handing us the uh updated version of the development agreement. Are you fair with that that comment? >> Yes, sir. >> So, it will be and it will be available
from the clerk, >> correct? If someone chooses to see it. >> Yeah, I believe that what uh Mr. Aken has given you is the strike and insert version because I think what you have in your packet is the clean copy of it. >> Correct. >> Correct. So then thank you Nancy. So
with that is correct with one small change or one one amendment to that. So if you look in paragraph 12 which covers amendment and termination there's a paragraph 12 C in the version you have whereas in the version in the packet there is no 12C. that language that
we've added in there that says at developer's option developer may terminate this agreement at any time prior to the issuance by the town of a building permit for any portion of the proposed development of the property notwithstanding the foregoing in the event of termination developer will not leave any improvements in an unsafe
condition we discussed this at the last at the first reading and I believe it was acceptable to everyone it was my understanding anyway uh I just think that in the final version in the packet it didn't get added in we discussed the reason for adding this in is just simply if there is a cohesive plan of
development for this area of town square gives the owner the option to terminate without having to come back through a process with the town and in that event it would legally and necessarily revert back to what is allowed right now today. So uh it would be easier that way and
cleaner for everybody. That's the only difference in in what Pat handed you to what is in your packet. Other than I will say that the way that the town uh the final version in your packet sometimes these changes are maybe not in the exact they might be behind the second sentence in the paragraph instead
of the third sentence or something like that but it makes no difference. We've reviewed it everything else is fine. So that's all I have for you unless you have questions of me. >> Council I I don't have any objection to the language. I think that it was consistent with what was discussed at the first reading. Um, and there is a
notation to that effect on page 281 of your packet. Um, because the actual wording was not uh discussed at the meeting. So, this would be new wording um that's being presented. And again, I don't have any issues with it. >> Okay.
Uh, John, any questions for Richard? >> Nothing. >> Scott? >> Not at this time. >> Rebecca? >> No. >> Jim, >> I do for for Patrick, if you could briefly. Patrick for we have a lot of folks who watch this who may not have seen the last meeting on first reading. So if possible in 30 seconds could you
let folks know as this is going to be one of the first rebuilds on on time square. Can you let the public know what's going to be there and when it when they might see it actually be built? >> Yes. Uh this is the former Killwin's property. Uh Carlos Chavez uh could not
be with us today, but uh he sent his better half instead. So Melissa is here. Um and uh they're they're very excited in taking um their existing mobile ice cream shop and building a brick and mortar. Again, they want to keep the use
at ground level. So, with current FEMA regulations, it's a bit of a hybrid where we've got a brick and mortar building and we're going to have a trailer underneath. It's going to be uh finished in a very nice manner. It's going to be attractive. And upstairs
from uh the the ice cream shop will be uh an apartment for the family. So it'll be two stories above. Uh first story will be just living room area and one master bedroom upstairs. Uh it'll be uh
coastal in nature, coastal vernacular. And the idea is it's designed in such a way where when other buildings come online, it can fit right in. It'll be consistent with a a coastal architecture. Also, it's it's designed for architecturally to meet all firewall
requirements. So, with uh conditions where you've got zero setbacks and buildings are right up against each other, um it it'll it'll fit right in. >> Thank you. No problem. >> Don't run off, Patrick. Just got a quick question for you. It's, you know, we're
talking a lot about the mitigation wall >> and I'm I'm curious if your applicants would be okay with adding any kind of language that say should we get to the point where we do it that they would be willing to participate at some whatever that may be per owner of the land there
to to contribute to that mitigation wall. >> Yeah. And and I don't think I'm talking out of turn. We had that discussion last month and I I think Carlos indicated that yes, he'd be a willing participant. >> Okay. Thanks, Patrick.
>> So, do we have to add that to the >> D? I was I was gonna have Richard come up and ask speak on that. >> All right. Yeah. Thank you, Mr. Mayor. Once again, Richard Aken. So, let me get to the right section here. Make sure I there is language that I think would uh
would cover that already in the development agreement. So, if you look in in paragraph will be paragraph five. It's the very last par portion of paragraph five right above paragraph six where says in the event new or
additional facilities are needed to serve the project developer will bear its proportionate share of the cost of such facilities. Um, you know, the idea being there, I think we discussed this a little bit. We don't quite know what that might might mean, but they would have to bear the proportionate share. I think
theoretically that there's a wave mitigation wall that would be required that would be covered. >> And I know that Mr. Chavez has indicated on multiple occasions has no problem with being part of that plan if that ever comes to fruition and everyone can get behind it. >> Oh yeah, I see. So that was one of the
changes that were in this one is the awards its appropriate share of correct. Okay. Did you council would you like to say um including but not limited to a wave the mitigation wall so that way the concept is you know memorialized.
>> How do you feel about that Richard? It's your client. >> It's still open. >> I don't I don't have an issue. I mean it could be called now. Are you are you pigeon hole yourself to the being called a mitigation wall or >> No. I just wanted to um kind of codify
what the intent was. The intent that has been said is that it would include the wave mitigation wall. So, some kind of language just to uh capture that intent. >> Yeah. So, my thought is this. You know, I you know, Melissa's here and I could
talk to her if I need to, but I I know that Mr. Chavez has indicated that he doesn't have a problem with bearing his proportionate share. I don't think that the wave mitigation Well, let me say that. Stop there. It's not that I don't think I know under current regulations the wave mitigation wall would not be needed in order to develop what's
proposed in this development agreement. Right? So it's not a requirement but again and so I don't know that adding it specifically in there. What I don't want is for there to be some later time somebody says well you've got to build that before you can build what's in the development agreement because that's not
the intent and it's not required. >> If at some point in time in the future it comes along and it's I mean he's indicated he's willing to do it. Um, but I don't think it's the I don't think it should be specifically tied to what he's trying to develop as part of this development agreement because it's not required. Do you follow me? Does that
make sense? >> I I see what you're saying >> at a later date. So, would council would you prefer as an option would be to add an additional sentence that gives the option to participate if that comes into
fruition in the future? I I realize what you're saying, but in addition, I if that wave mitigation wall comes in, he he's going to be able to activate that downstairs. >> Correct. >> So, I I think with that, there should be
some language in there that you guys should participate in that because it's going to benefit you. >> Correct. And I don't think that's a problem with the client because again we he's talked about it and indicated that he's told everyone else if it ever comes to fruition I don't mind bearing my
proportionate share of it. So, um, >> there was something >> I guess my question if I piggyback on the vice mayor's comment, Nancy, maybe this is for you. Say this moves forward, they build what they have, and >> does this allow them and then a mitigation wall does get approved and moves forward. Does this then give them
the option to say, "Well, we're already constructed. We don't want to participate in paying for that because we're already constructed." And and just to to give a little context here, um, and I've had discussions with multiple owners in Times Square, and I
think I I've had the same discussions with staff. You know, to me, moving forward with any kind of rebuild in in Times Square, I I think what makes the most sense is an establishment of a an MSTU or an MSBU for the area. I think
that that is the proper mechanism that the town should utilize. Uh it's official. It it makes it that uh anybody that owns property within that district pays their proportionate share and and it's not just concurrency requirements
like water, sewer, uh it's also embellishments that may happen uh in that district. So I I think uh our client would would be more than happy to participate within an MSTU MSBU. I just think that's a proper mechanism. But but
I I know what you're saying and and we can kind of maybe memorialize that somehow. But uh you know may maybe your staff can talk about the benefit. >> Mayor, in answer to your question, I think that if their project was already built, it says new or additional facilities are needed to serve the
project. if the project is built, it would not be needed to serve the project. So, I I agree with your comment. So, um to kind of work through this, um possibly under eight, um
developer commitments and obligations. Um maybe that is a place we could put some language to memorialize the town council's concerns um that are being expressed. Richard. >> Yeah. And and I apologize. I'm just
thinking trying to think through this in my head as we talk about it. I so I I want to point out just so everyone knows and I think you've read this part but in section 4A it does say that should a wave mitigation wall be erected in the times square district at a future time the developer may elect to convert
the ground floor of the structure into an enclosed retail establishment with storage and a restroom. It does indicate that so it it envisions that possibility in the future. What I'm trying to think through is a way to uh memorialize the
owner's commitment and willingness to participate in that without in some way providing for the possibility that it holds up what is contemplated in the development agreement that doesn't need the mitigation wall if that makes sense. I'm just trying to think through in my
head how how we do that and make that clear. Well, would it make sense to add something there in that 4A area? Because if a mitigation wall is built in order for you to be able to which would allow the applicant to be able to build down there, is there a way to put legal language in there that triggers the
intent of I think what your your applicant has said they're going to do and with what the council's concerns are as far as not having actual verbiage in there saying that there's nothing tying your applicant to it should this construction already be completed. >> Sure. Uh so I believe that we could add
language in either 4A or in section 8 as Miss Dupri indicated that just simply said um although not necessary for uh for construction of the uh development in or contemplated as it development agreement in the event a wave mitigation
wall is constructed owner will participate in proportionate share language to that extent and Nancy and I can work on it if you're okay with that. I'm comfortable with that. If you're comfortable, >> I'm okay with it, but um we have kind of a short meeting today. Knock on wood.
Right. Um if you want to just take a give us a couple minutes. Um maybe you guys could continue with your agenda and then we'll come back and and give you the actual language. Do you want to do that, Richard? Because I hate doing stuff on the fly. >> I agree. >> This is important. >> Just make sure we have more no questions
before we do that. But I think we'll just take a 10-minute break once all our questions are asked to give you guys time to Is that enough time? I mean, 10 minutes in lawyer world is not a lot of time. I understand. >> It's expensive, though. >> Still a lot of money. >> I'm glad you said it. >> But you'll have two of us, so that helps. >> You buy five streets with that money.
>> Okay. Go ahead, Rebecca. >> Yeah. I have a quick question. I'm not sure who would answer it. Maybe Patrick. >> Would the applicant have to construct or engineer or design his structure in any way
now that would include the mitigation wall? you know, is there anything he has to do now >> that would be different that supports a possible mitigation plan? And by doing that, that shows his intent that I'm already thinking that way that I'm putting things in.
>> Hey, I fully understand your question. It it makes a lot of sense and I'll uh ask Albert to confirm, but my assumption is that the building is designed in such a way to meet uh all FEMA requirements and to be ready to be enclosed. So, structurally, it'll be sound. It'll meet
all requirements. If if there's a desire to enclose in the future, that could be added on. Correct. >> That's >> perfect. And that's anything in addition to what he would have to do if there was not to be a mitigation wall or would it be the same design?
>> Structurally would be the same structure. Yeah. >> Thank you. >> All right. You need more time, Richard, than 10 minutes or you think you guys can >> I think we can do it in that time. >> All right. We'll take a brief recess. We'll come back at 10:15.
All right, we're going to call the meeting back to order. It is 10:18. Nancy, you and Richard? >> Yes. So, we were able to come up with some language. We would like to insert a sentence in paragraph 8 where we're talking about the developer commitments
and obligations. and um I'll defer to Richard because he had the last scribble of it. >> Okay. So, thank you Nancy again, Richard Aken. So, uh we'll just strike out the no obligations are submitted by developer in paragraph 8 and we'll place replace it with following. It will say
in the event the town enacts a municipal service taxing unit to fund construction of a wave mitigation wall, the developer will bear its proportionate share of the cost of such facilities to be constructed. All right. I think that covers it.
>> It It does. Um and in all cander, um they would be obligated uh regardless. However, it does uh memorialize the council's intent and concern regarding the uh wave mitigation wall. >> Okay. Does anyone have any objection to
that language, John? Scott? >> No. J Jason? >> No objection. No. >> Okay. >> No objection. >> No. >> Okay. >> All right. I would I would just like to say thank you for giving me the time to work with Nancy to to work that language out instead of making me do it on the fly. I appreciate that.
>> No, no, that's good. You guys only went over by three minutes. So hopefully that is a hopefully for your client that's a free three minutes, but >> that rounds up to 15 minutes. >> All right. Thanks. Uh I assume public comment. Are there any any more questions for staff or for Richard or
Patrick before we go to public comment? 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. Amy, anyone out there.
>> Terry, come on up. >> I wasn't sworn in. >> Okay, >> maybe will >> if you can 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. >> All right. I just want to comment on the
wave wall language that you just wrote. It basically involves the town now with the wave wall. So if we as the ownership group of Times Square want to come together and build a wave wall, we will have to have the tongue involved in it. So I just want to make sure that you guys are aware of that.
>> Repeat that again. I'm sorry, Terry. So the language that they just wrote, if the town initiates the wave wall rebuild or building the wave wall, it'll be just the the all the owners will have to work with the town. But if the ownership group of Time Square wants to go ahead
with the wave wall without the town being involved, it will not be able to happen where they share the cost. So it'll have to be the town leading that wave wall construction. Does that make sense? >> Okay. All right, we'll we'll ask Nancy.
I >> I think that is a correct statement. Um because the development agreement is with the town and not with the other property owners. >> Yeah. Okay. All right. Any other public comment? Seeing none, we'll close public comment.
Patrick, I assume you don't have any rebuttal statements, Richard. Nope. Okay. He thought about it. He thought about it. All right. 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. Is there any discuss further discussion or a motion? >> I'll move ordinance 25-9 with the conditions as amended. >> Got a motion by councelor King. Is there a second?
>> I'll second. >> Seconded by Vice Mayor Safford. Any further discussion? >> Councelor King. >> I. Vice Mayor Safford. I >> councelor link >> I >> councelor Adderhalt >> I >> and I am an I as well that motion carries unanimously. Thanks.
>> That brings us to our administrative agenda. The first item is continued from December 1st, 2025 is a resolution of the town council of the town of Fort Myers Beach awarding RFP-26-01-PW to Tidewater Landscape as the most responsive and responsible bidder to
complete landscaping and irrigation repairs to residential and/or community yards damaged by utility work as recommended by the selection advisory committee. Authorizing the town manage to negotiate and prepare an agreement for the recommended services subject to legal review. authorizing the town
manager to sign the agreement providing for Scrier's errors severability and effective date. >> Will. >> Yes. Thank you, Mr. Mayor. As if you recall, this was continued from the December 1st, 2025 uh council meeting due to uh us needing to clarify some
questions regarding the scoring evaluation tables. Uh we did so and the m it was discovered that one of the scoring sheets was left out and one was duplicated. The accurate uh evaluation criteria and summary scores are attached to this item now in your packet for consideration. Uh Amy can answer any
further questions if you have them. >> Okay, Rebecca, go ahead. >> Yes. Um thank you for that and I apologize to delay your process. I appreciate it, but the um the result was the same. Correct. >> That is correct. >> Thank you.
>> I don't think you should apologize. I appreciate the you seeking our clarification. Council link. >> All right. Are there any questions for staff? Jim, >> I have no questions. >> Rebecca, >> no more. >> Scott, >> I do not. >> John,
>> nothing. >> And I do not have any. Is there a motion for resolution 25-31? >> I will move to approve it. Is there a second? >> I'll second. >> Okay. Seconded by councelor link. Any further discussion?
I'm an I. Councelor Link. >> I. >> Councelor Adderhol. >> I. >> Councelor King. >> I place Mayor Safford. >> Hi. >> The motion carries unanimously. Next is a resolution of the town council of the town of Fort Myers Beach, Florida, approving and authorizing the town manager to execute change order
number two to contract ITB-25-02-EN between the town of Fort Myers Beach and Earth Balance Corporation to add 120 days to the deadline for completion of the contract and allow an increase of $500,000 to the total amount of the contract, which will now authorize a
contract price not to exceed $1,15 $5,579.50 and will allow for completion of the dune planting project providing for an effective date. Chad. Uh yes, good morning everyone. Chad shoots, environmental staff. Um so this will
allow us to uh plant the beach accesses uh which we have another item um on the agenda for the survey of those accesses. Um also canopy trees. Um all of these have been um you know it'll be dune vegetation and we're very careful to uh
confirm with FDM that uh these will be eligible for re uh for that uh lap grant that we got from um uh the Florida uh uh representatives and we are thankful for that. Um but yeah,
this will be reimburseable with uh grant D1502 and uh again dune plantings and canopy trees around the beach accesses and participating properties that want um sea grape hedge which should help with uh shielding light uh with our sea to
sea turtle disorientation issues. >> Okay, John, any questions for Chad? >> Nothing. >> Scott, and you're 100% positive the half million will be covered? >> Yes, sir. Okay. Thank you, >> Rebecca. >> No questions. >> Uh Jim,
>> sh always want to give you an opportunity to toot your horn or toot the horn of this effort. What what what's our plant count at this point and what will it be as as a result of this issue before us? >> Uh so I haven't um gotten concrete plans
for the plantings to be we're still at around 160,000 from what we've put in the ground. Um the guys are actually out there today uh uh finishing out some plantings along the CWA. We worked out with uh Shamron and Eden House and alignment that uh works for them and FWC
is amendable to uh um the a beach management plan that they propose. So we're finishing out some plans today out there as well as um doing some removal and customization that some of the condos wanted. But
>> so we're at 160,000 individual plants that have been individually planted on our beach here in Fort Myers Beach as a result of the reourishment program. Is that fair? >> Yes, sir. >> That's is that as impressive as it sounds? >> It's great. I'm I'm really uh proud. >> You were the one digging it.
>> Happy for all the participation that we got from the uh private properties. >> Very good. Appreciate your efforts. >> Thank you. >> The only question I have, Chad, is or maybe this is for Joe. Was this a Did we know this was coming? Was this a budgeted item? If I know we're being reimbursed, but how are we funding this
until we get the reimbursement funds? >> So, we actually have money in the bank with that lab grant. They they gave us the 8 million. Um we used it to pay for some of the beach nourishment and again they confirmed that we can use dune plantings and engineering uh surveying work needed to do those
dune plantings are all eligible expenses. So, uh correct me if I'm wrong, Mr. Job, but we have money in the bank. >> Perfect. That's all I wanted to know. All right. Thank you. >> You're welcome. >> Are there any questions? Any more questions for for Chad? If not, is there
a motion for resolution 25- 354? >> So moved. >> Got a motion by councelor King. >> I will second. >> Seconded by uh Councelor Adhalt. Any further discussion? Councelor King. >> I councelor Adhalt I. >> Councelor Link I.
>> Vice Mayor Safford. 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, Florida, authorizing the town manager to exe execute supplemental task order number two of the contract RFQ-24-06-
A between the town and Coastal Engineering Consultants, Inc. for survey services for dune vegetation planting purposes in the town's beach access rightway for a cost of $69,900 and providing for an effective date. Chad? >> Yes. So, uh we have 28 beach accesses
that will they will provide a uh a rightaway map for um they'll stake it for the dune planting project and also provide us um sketches and legal descriptions for those beach accesses um that we'll be able to use for this plant project. and uh public works will have
it on hand if they do any uh access work in the future as well to you know clearly have where the project is and not um have any issues with the neighbors uh with plantings or any other kind of construction.
>> Okay, Jim, any questions for Chad? >> I do not. >> None. >> Scott, >> none. >> John, >> I'm assuming then the cost was still part of all this. Yes, this will be uh same grant uh the lap grant uh D1502.
>> Thank you. >> Thanks, Chad. Is there a motion or any further discussion for resolution 25-336? >> I will move that. Mayor, >> got a motion by councelor King. >> Second. >> Seconded by Councelor Link. Any further discussion? Councelor King. >> I.
>> Councelor Link. >> I. >> Councelor Ederhol. >> I. Vice Mayor Safford. Hi. >> And I'm an I as well. That motion carries unanimously. >> Thank you. >> Thanks, Chad. Next is uh the shrimp festival approval for FMB Lions Club shrimp festival. Come on up.
>> Yes. >> Good morning. I'm Diane Clifton from the Fort Myers Beach Lions Club. And this is my second time in front of you folks asking for permission to have the shrimp festival. But do you know how many times we have been to you asking to do the shrimp festival?
>> A lot. >> This is the 68th time. >> Wow. >> Wow. 68 years we've been having this festival. Um, so what does Fort Myers Beach Lions Club do? We look at vision. We provide glasses, eye care, surgeries
for like diabetic retinopathy, um, any kind of things doing with the eyes. We also do diabetes. We do a diabetic screenings within the community. We um, support childhood cancer. So we give to Galisano's childhood cancer floor every month. to
give them some fuzzy blankets for the kids. Um, we also do the environment, so we do cleaning up the beach, cleaning up the roads throughout the county and hunger. Every year, we give um food to the community for holidays. So,
Christmas particularly, previously, we'd always um go to the school and the needy families from the school that um may not be able to afford to buy that Christmas dinner. So, we'll be doing that again this year. We do a lot of humanitarian
efforts throughout the county. Um, disaster relief, and this is a big one. Um, there were 14 clubs in the US this year that sent us $24,850 to district 35I
for the hurricane damage that we had in the past few years. We also got a grant from LCIF, which is our international organization, for $100,000 with uh Hurricane um Milton damage. And
also with Ian, we got a $50,000 grant. So, the international organization really helps us out. and having been to some of their international um conferences, the shrimp festival is getting out to
the world. People are saying, "Hey, that's a new place. I could go for a vacation." So, we're spreading the word. I've been to two international conventions and going to my third in Hong Kong this summer. So, where what's new with the festival
this year? Our location's going to be a little different. Last year we were on Old San Carlos and shut the road down. We are going to be at the Moss Marine lot. They've been granted us the 401 Old San Carlos Boulevard lot. And then John Rashard, who graciously gave us his lot
at 420, is giving us that lot again this year. The positive is we will not be closing down San Carlos Boulevard except during the parade and the 5K run. We'll still have that 5K run by the Lee County
Schools. And then the parade, it's a big thing. I've already I had people sending me applications back in September. It's really a lot of fun. It brings a lot of people down to the beach and we are going to try to have drone coverage of that live during the uh parade. My
vendors, we only have uh 40 vendors that we can fit into the space. It's already full. Um, we will be doing the shrimp dinners again. And of course, we always have the queen the queen pageant.
I'm again asking for a waiver of the noise ordinance as the sound from the uh participants in the parades. No more than a car blasting their radio down the road. What's new also with the parade is Matt
Dvit from Wink Five has um said that he will be our parade marshall. So, we'll have Link Five covering us. Um, we're also doing VIPs. We've had a very fabulous sponsor. Um, Alex King
from the Beach is our main sponsor for the festival. And we're having a VIP tent at the parade. This year, we're also going to be trying to have a beer tent. So, I'll be doing some additional permitting with that.
And hopefully you will support us and let us have this once again. All right. Any questions for Diane? Jim, >> thank you for being here. Diane, thank you for waiting through all the agenda. I would ask you maybe because it's getting close to lunch, could you
describe in great detail the shrimp dinners that are provided, what's included and where does the shrimp come from, how it's cooked. >> Oh, yes. Yes. >> Lay it on us. It's a shrimp boil. And it's shrimp from Ericson Jensen, our one of our local uh vendors that really is
about the only one now in Fort Myers Beach that is bringing shrimp in from the Gulf. And they will be providing all that shrimp. And we actually boil it and you get a half a pound of shrimp, peeling each shrimp with um some
cocktail sauce and some um kleslaw for what are we charging for? $20 and it's it's really good shrimp. It's like fresh out of the fresh out of the ocean. >> We're also um Margaritavville is going
to be providing shrimp bisque this year in addition. So, we will be selling that also. >> That's a great description. Thank you. That's a great description. Thank you, >> Rebecca. Questions for Diane. >> Did you bring any samples for us? >> No, I didn't. Thanks for everything
you're doing, >> Scott. >> Yeah, I want to commend you. I think this is the first time in 68 years the application's actually in the year before. >> Yes. >> So, great job. >> I tell you why that was. Last year, I got called to the principal's office.
Commander Lelor of the police called me and said, "You need to come to my office now." And I was like, "Okay." He said, "This application can never get in this late again." I said, "Okay, I will have
it in before the first of the year." >> That's fantastic. I I wish you all the best and hopefully we'll have fantastic weather as always. >> Yes. Yep. >> Great. >> And people are already other lions in the US are coming to help us out. >> Nice. Awesome. >> So,
>> John, >> just thanks for all you do. >> Thank you. >> Yeah, I'm I'm sure Commander Ler will be excited that she got it. I've already talked to him. I said, I put the application in. >> Yes. Yes. It takes a lot of work for them to to rally the troops to to be able to make sure it's a safe event. So,
>> looking forward to it. >> Thank you. >> Thank you. >> All right. Is there any other discussion or a motion for the Lions Club Shrimp Festival permit? >> I will happily appro make a motion to approve the Lions Club uh shrimp
festival permit. >> I'll happily second. >> All right. Got a motion and a second. Any further discussion? I'm an I. Vice Mayor >> I. >> Councelor King. >> I. >> Councelor Link. >> I. >> And councelor Adderhole. >> I. >> That motion carries unanimously. Thanks,
Diane. >> Next is uh Buffalo Grill approval for Buffalo Grill to have live music. Fred. >> Uh good morning. Um Fred Malone, Buffalo Grill. uh 1021 of Sterile Boulevard. Um
as you all know, we've started off with a food truck. Uh we progressed to a bar. Uh we've made several improvements on the property. Um we, you know, I know Tom came up earlier, but we purchased poles. He purchased the sound wall uh to
help with the noise. Everybody always had music down there. So, this is just another step in our progression in the business. Um, we are also working diligently with our owner and our investment group for the property to construct and build there, but there's obviously a lot that has to be discussed. We've been having meetings
with the wave mitigation wall and stuff. So, we want to wait and see what comes of that before we decide on if we're going to purchase the property or not to to build there. With that being said, we are looking to bring more people down to the Times Square. We just need more music. We need more venues. We need
something else down there. Um, we have done everything that the town has asked us. We've always complied. I mean, you could ask Frankie, you could ask Will, you could ask Tom, whatever they've asked, especially with the new regulations with the trailers. We went out and spent thousands and thousands of
dollars to be compliant under the FEMA regulations. So, um there should be no concern of us doing anything that is non-compliant. Um you know, with noise ordinances or not, you know, we would always stay under what we're supposed to
do because there's codes for that, too. So, um we're just looking for an approval to bring a little bit more entertainment down to Time Square. >> All right. Uh Jim, questions for Fred or for staff? >> U a couple questions maybe for staff
first. Uh, oh, first I'll ask you, Fred. Fred, is this a special event? Is this a one-time thing, or is this an ongoing policy? >> No, it'll be an ongoing thing. I don't think we're going to do it like Tom does next door every day all day, but it'll be ongoing. >> So, just from a staff perspective, is
there a reason why this is on the uh administrative agenda and not going through the LPA, etc., etc., just procedurally? Jason Green Community Development. I honestly I haven't seen it and it wasn't brought to us. Um so we have not been
able to review it and you're probably correct >> if if it's if it is an ongoing request just with in your professional opinion is it is that something that should be going through the LPA procedurally or what? >> Yeah, you your codes are adopted um on the on the temporary and limited time
frame and and number of times that you can ask for these types of things. So yes, if there's a If there's a additional um to that what the code prescribes as the maximum then yes I should go through another process. >> Thank you. Uh Fred just while I have you up there so so just some of the aside
from the procedural issue here which isn't your fault. Um do you have any thoughts as to how to address some of the for lack of a better term sound conflict that that may occur with you proceeding forward? 100% keep
within the the codes of the town. >> But is there a way you could have the directions of the speakers and other things? >> I mean, our our plan is my plan is to put up a tent, you know, obviously a portable tent or something and put more sound barriers and direct the music the other direction
>> like not, you know, Tom's goes towards, >> let's say, Margaritaville and ours goes towards here. >> Fred, hold on a second. I just want to go back to what you said procedurally. If this is going to be an ongoing thing and it's supposed to go through the LPA first, >> should we not send it back to the LPA
for their consideration and public comment before it >> I mean what you can approve by your own codes and so there can be a short-term version of that, but yes, anything beyond what the code prescribes as being the the number and the maximums. Yes, that there's other processes that should be
that part should be considered. >> So ju just reading what I it says 1 to 10 every day. To me, that's not a one-off thing. to continually you wanted the ability to be able to do it every day. And if it is in our codes, Nancy, shouldn't we send this back to the LPA for recommendation first?
>> Yes. I I think that um there was probably the the intent to try to move this along because it is very important to you to to get whatever approval you need um if that's the will of council. But the um the application itself too
has some ambiguity in it. You know, a pop-up tent one to two maybe. Um it doesn't really fit into the category of a special event getting a special event permit. Um it does seem that it is ongoing, so it would be more of a
permanent nature. Um on page 537 there is a um a drawing of a tent. But um when you all approve um special special event permits it's a little bit more definitive as to what is actually being
approved. It's usually a finite period of time. Um so because of the uh some of the ambiguity that was in the um the application um it would be my recommendation as well that this go through a different review process that
would take into consideration um impacts on on adjacent properties. >> Could we do like a make this from now until say I don't know February so it's temporary and then that gives us time because we're getting into season. But what what are they actually approving?
That's that's kind of what's not clear. >> I was told you needed it for any type of amplified music. That's what I was told. So that's why we were told to do this by everybody. >> Well, I I I'm I see where you're trying to get for it, but I'm a little I it it's it's a special events permit that
it looks like it's been filled out and it's you're asking for an ongoing ongoing change to what you're allowed to do on that property. And to me that that screams of having to go through the LPA process to be able to to change it because this would be a permanent change, right? This wouldn't be just a
special events change, >> right? You do have special events that you approve for limited times and and for whether it's 6 months or it's once a week or you know there's there's provisions in there that allow you to do that. Um so I think per his question, yes, that's something that you're authorized to do, but the open-endedness of it, correct? That and I'm just seeing
it. So again, I'm just going by just briefly looking at it. Um would that any intent to have it in perpetuity? Yes, that triggers something else. >> Yeah, I just applied. I just did what they told me to. I didn't, you know, they told me to apply for that and that's what we did because there was, you know, everybody had music there
prior. So, they said I just need to get it because I don't have a roof over my head. So, they said this is how to apply. So, it's not like I I just did what I was told. >> Well, again, I think I think Jim, this isn't necessarily a you issue. We want to make sure it goes through the
right process so if people >> could potentially be affected by it that they have the ability to come in and and speak their piece just like you get to speak yours. >> So I would recommend that this goes back to the LPA. >> Uh staff can work with Fred and his group to to get this to the LPA as soon as they can.
>> Okay. >> Um to look at it seeing as how it seems like there was a breakdown in the process maybe of of of getting there. That's out of out of good faith if we could we could help them get to the LPA with the right information so that that
the town and and the community can have a chance to to be vocal about it should they want to be. Anyone have any objection to that? I'll make that a motion. I guess that'll be >> I will second it. >> Any further discussion? None. All right. Uh we got a motion by
Mayor Allers, second by Councelor King. Any No other discussion? I'm an I. Councelor King. >> Hi. >> Vice Mayor Safford. >> Hi. >> Councelor L. >> Hi. >> And councelor Adderhol. >> I. >> All right. That motion carries unanimously. >> Next is Oh, speaking of which, I want to put that out there. I was asked to say
it a couple of times. Tomorrow's LPA meeting will be at 1:00 p.m., >> not at 9:00 a.m. So, anyone that plans on attending, it will be tomorrow again at 1:00 p.m. here, not at 9:00 a.m. >> And mayor, some of the notifications that went out from applicants said 9:00 a.m. So, that's why we're having you
bring that up. >> Okay. I I'll make sure I bring it up again at least one or two more times. Uh, our last administrative agenda item is for the approval of the third annual 5K run. Um, I don't see this is I'm guessing this is Ed's, right? You have
Beach Talk Radio. Ed is not here. Um, is there any comments or questions on this this event? Jim, >> I was just going to I was No, no comment or questions. Just whenever you're ready. I was going to make a motion. >> Nobody had We can make a motion and have
comments or >> I would move approval of the third annual New Year's Eve 5K run. >> Second. >> Got a motion by councelor Adder Halt. Second by councelor King. Any further discussion? >> Councelor Ederhol. >> Hi. >> Councelor King. >> Hi. >> Councelor Link.
>> I. >> Vice Mayor Safford. >> Hi. >> And I'm an I as well. That motion carries unanimously. Brings us to our final public comment. Anyone here wish to speak in final public comment. >> Terry, come on up. >> Good morning again.
>> Good morning, council members. Terry Prasad um Time Square owner. Uh we're currently working on the day recy to restore it and we're hoping to get that open up by before the holidays. Um,
previously on the 10,000 Eststerero, >> keep going >> Boulevard, there were two restaurants and retail um, preon and that's why we're trying to restore, you know, a couple of retail vendors and the restaurant that was there. We've
submitted our permits. We're hoping to get approval within the next couple of days on those and get the chain link fence removed. We've gotten all the broken concrete, all the broken tiles, all of that removed and replaced. So, it's starting to look a lot better now.
Um, we still need lighting. There's no lighting in Time Square. And we've been talking with staff and hoping to get some of that. Um, we're proposing to put some u lights up on the palm trees that's there, solar, and we're hoping that town management will allow us to do
that. Um, we also have a a development order that's been in for the last four months for the 1028 Eststero Boulevard property. Um, all the staff has approved it except for the the zoning and planning and they're asking for an SEZ
uh clarification for the last three weeks. Um, there's has been no SEZ zoning in Time Square or in on Fort Myers Beach. I'm not sure where that's coming from and why that's holding up our DO. We already have our D permits issued. We already have our private
provider permits issued. Uh we're just waiting on our DEO so we can get started on construction on the 1028 property. So just wanted to give you that information and hopefully we can get keep thing moving forward and get RDO approved and
get our um permits for the 10,000 estster so we can get it opened up for the holidays. Any questions from anyone for me or >> um council? Can I add that um uh Terry's attorney did reach out to me and um I've
reached out to Will and um I think Will's going to be discussing with his staff this item as well as another item that Mr. Prasad has. Um and we'll try to work with them and see where we are. >> Okay. You Thanks, Terry.
>> Anyone else? All right, seeing none, we'll close public comment. Town manager items. >> Thank you, Mr. Mayor. Um, first I'd like to say that uh we've got our we think the bugs uh worked out of the short-term
rental uh program and software as much as the staff could. And we'll continue to work with the software company on that as we go forward. But but we're confident that we're ready to start that process back up again uh coming in the in the new year as we start the new
year. So just as a notification to the public that those uh letters of notification to to those who are not registered uh in our short-term rental program uh we'll be receiving letters again. Uh we're confident this time that uh that those will be accurate, correct? And we ask um just people to uh reach
out to us as soon as they get those letters to move forward with the process. Georgina, anything to add to that topic? Okay. >> And you said that when is that going to go live again? >> January. >> January. >> Next month. >> Okay. >> Yes. I want to thank you uh Will for you
and your your team getting with a lot of the vacation rental companies. We've had some really good dialogue and and I appreciate everything you guys are doing. >> Thank you. I think it's been very beneficial to us as well so we can work through the system and make sure it's uh as accurate as possible. So, thank you,
counselor. >> Yeah, Rebecca's got a question. >> I have a question, Will. Um, is there a place where uh the community can look on our website to see if someone is registered as a short-term rental, maybe they have a neighbor and or they want to
make a complaint or it's a monthly rental and they're seeing people there more often. Is there a way they can look to see if people are registered or should they just file complaints if they've got concerns? >> I don't want to speak out of turn. Georgina, you want to answer that question, please? What? Yeah, step up to that.
>> I can jump in there, too. At the TDC meeting this week, uh the clerk of courts, Kevin K, >> u made it known that there is a unanimous form that you can fill out. >> If you believe someone is is not operating within the rules that they are supposed to be operating within, you can unanimously go and they will dig into
that >> unanimously or anonymously. >> Anonymous. Sorry. Sorry. Sorry. >> Yes, Mr. Mayor. Yes, that and that's that is the approach we would prefer and right now that's how we've been handling it. People reach out to to me or directly to our community development team. But Georgina, if you want to
clarify by saying you you will not know the results of what you ask because it there's protections that the state he has to follow. But if you do believe uh someone in your neighborhood is is doing something they shouldn't do in the short-term rental industry that you can
uh anonymously uh report it and they will investigate it, but you will not know the results of that investigation. >> And that process is on our website. >> It's on the clerk of courts website. I don't know if there's a link on our website to take them to that, but uh you can go to the clerk of courts website to
get that. Hi, I'm Georgina Sid, community development manager, and um we have a a page for short-term rentals on our website, and there is a section where people can go and register online um for
their short-term rentals. Anything that is over a month um of uh rental is not considered a short-term rental, just so you know. Um but anything less than a month, >> that's true. No, that's not true. Six months. >> Six months. >> Six months. >> Yes. according to the ordinance. I can
verify that, but yeah. >> Well, we're talking more specifically about the taxing. So, any anything over 6 months, you do not have to collect bed tax. Anything under 6 months is required by law um to collect not only sales tax
but but bed tax, >> which is it all the taxes total are 11 and a half%. But if it's over six months, then you you're not required to. >> I'm thinking more about um complaints, you know, so the town doesn't get more
than they should if people can help themselves understand, oh, these people are weekly or they're monthly. And >> yes, and according to our ordinance 1801, um it states that anything below a month, it's considered a short-term
rental, and that's when they should be registering for these properties. Um there is a section on the website also for reporting complaints. Um and there is a link to the to the sheriff's office for that matter and for code enforcement
as well. Um I don't think there is a link for the clerk of courts, but we can definitely look into that and make sure that it's added as well. Would our link then for complaints be anonymous >> because my understanding is the state had gotten away from uh submitting
anonymous complaints. >> That is correct. If if I can jump in for code enforcement actions, but if you're reporting the uh non-payment of the bed tax, I think that's different. That's a different >> reg. That's correct. So, just to
clarify, uh the the the county or or Kevin K's website, the only complaints are for not collecting bad tax. >> So, if if you have a noise complaint or anything else, you need to go through the the town's website. >> And I'd highly recommend re, you know,
if there's a sign out in front, reach out to the uh you know, the rental company because they're Look, I I know these guys. I'm one of them and we we'd much rather I can handle that stuff quickly. So, and I'm
>> I know the the other three or four larger companies, they they want they want good tenants and they want to get along with the neighbors. So, >> I agree with you. It's when they are not participating in a program with a company like yours, Scott. So, um neighborhoods, I'm hearing more and more
of this is so and so is just renting his property. We don't know if they're following the the rules. that then you'd have to go to the town's website. But I Yeah, I encourage you >> get them in your program so you could handle the problems. >> And just so you know, >> we just want to be good neighbors and >> That's right.
>> You know, that's that's the goal is to have happy guests and happy neighbors. >> Right. Thank you. And we also have staff in place that would be more than willing to answer any questions. So if anybody has questions, they can reach out to the town and we'll more than happy answer. >> Thank you.
>> Yeah. I mean, since I and this isn't necessarily a question, but some of the complaints I've been getting lately have been from people who aren't registering with the town, but are renting their properties, some through short-term rental companies, some not. And where do they go? Do they go which I think it's
in to me that would seem like it would be both the town non-compliance as well as not submitting the proper tax >> that's required. So to me it would be a double thing because you know with any law people are going to try to find a loophole and I'm hearing complaints of people are finding loopholes to skirt
the bed tax as well as as well as the registration. So not everyone's a bad actor but there are some out there that I've heard are doing that. Now whether they are they aren't I don't know but I think it starts at our level first. If they're registered as a short-term rental then I would assume they would be paying they would be required to pay
their their portion of the bed tax. Um, >> yes, Mr. Mayor. And on our short-term rental page, as Georgina outlined, among the other links, uh, code enforcement or or the others, there's there is a link there that goes into our system to you can search if that property is
registered. Oh, great. >> And so forth. So residents or anybody can do that just like in our eyeworks portal, they can they can check for those things and if they if they see that it's not and they still have questions, they can then reach out to staff and we'll >> Yeah. And just for public information,
so part of part of the process is that you get a fire inspection um which >> I think is fantastic because they have the slumber safe program. Um they the the fire department is about a month behind. So there there's quite a number
of properties that know that there's a January 1 deadline. They they may or not have an official um approval, but there is a the town and the fire department are sharing a list of people that have submitted the application and are waiting for the final approval from the
fire department. >> Great. Good to know. Thank you, Scott. >> Sure. And in fact, just probably a little off topic, but because we're talking about short-term rentals, we learned some more information at the TDC about when you register yours your your short-term rental. that they keep track of each
municipality and how much money goes into the TDC funding bucket, if you will. And I did not know this and I think a lot of TDC members did not know this until this Thursday, but the the clerk courts told us that when you register your property, say you live in Elva, but you have 20 properties here in
Fort Myers Beach, if you register as the address from Elva, the taxes that are collected for that get registered or get counted towards Elva, not towards the town of Fort Myers Beach. So, as you as you as you go and you want to have a short-term rental on Fort Myers Beach,
just keep that in mind. It goes by the registered agent, not by the specific property address. So, that could I mean, he's going to dig into it. He told us that he's going to find a better way to do that. But I found it kind of alarming that, you know, you could have 20 properties here, but if you live in Fort
Meyers and that's your registered agent address, that TDC funding that's collected for those specific properties will go into the coffers for Fort Myers versus Fort Myers Beach. So, just something to keep in mind for anybody out there listening that's going to register a property on the island
>> that uh if you want your tax dollars to show that they're coming from Fort Myers Beach and potentially allow us to get more of the TDC funding back, >> it's it's beneficial for you to register those properties within the municipality that it that it that it resides in. >> That's all I have for that part. Just
wanted to add that up that information. >> Thank you for sharing the information. We'll make a note of that. >> Thank you, Georgina. Yeah, he did a great he did a great presentation about 20-minute presentation at last Thursday's TDC meeting. Anybody that wants to go back and watch it, it was pretty enlightening some of the information.
>> Thank you. >> Couple more items. Mr. Mayor, sorry that one took a little longer than I'd hoped, but uh but I think we got some good clarification. If I could ask Abby to step up to the uh to the mic there. I'd like to introduce our new public information officer, Abigail Everheart, and welcome her to the team. Uh really
glad to have her joining us. She's already digging in and doing a fantastic job. She's a fellow Hoya. So, um, >> yeah. >> You know, and, uh, but but I'd just like to give her an opportunity to, uh, you know, say anything she wants to the council or council, uh, you know,
recognize >> Abby. >> Good morning. >> All right. Good morning. Thank you so much. And, um, Rebecca, to address your last point, I can absolutely put a list on the website showing what properties have that registration so that when people go on that link, they can see and verify that information and cross apply it.
>> Thank you, Abby. But thank you. Um, it's such a privilege and an honor to be hired for this position. You know, when I was thinking this morning about what's really going to help me succeed in this role, I don't think it's my Georgetown degree. I don't think it's my, you know, my wealth of experience uh, in crisis
communications or in working with large companies or small. I actually think it's my home where I'm from. Um, I was born and raised in New Orleans, Louisiana. And as you know, in 2005, we had a hurricane ravage our town. And in
that time, um, you know, I learned what it meant to be part of a community, to be part of a resilient community. And I think that knowledge, that information, um, in my heart and my soul is what's going to prepare me to succeed in this role. So, I hope what I learn there can carry over into how I deliver
information to the public and of course benefit you and the town. So, thank you so much. Jim, do you have anything for >> I just wanted to say welcome and could you send your your new contact in information around to all the council folks? >> Yes, sir. I can I can definitely send it again. >> That'd be great. Welcome. Yeah, >> thank you.
>> Anything else, Rebecca? >> I would just say welcome and I noticed on day one you started working. So, thank you very much. The public is uh grateful that you're here. You've chosen us. >> It's an honor. >> Scott, I'm glad you're here. Did you go to Urselin? >> Uh, no. I went to Dominican. Oh,
>> okay. >> Yeah, go Dominican. Wines's are ours, not our our competitor. >> Awesome. John, >> thanks for wanting to be a part of Fort Myers Beach. Um, you've already got a huge fan and my wife, so I'll have nothing nice or she has
nothing but nice things to say about you and and your efforts so far. So, keep up the good work and thank you. >> Thank you. >> Yeah, welcome to the team, Abby. And, uh, I do have a message from the North Pole that Santa said, "Thank you for taking one of the best pictures that has ever been taken of him." So, he's uh he's very flattered with your work. so
far. >> Well, you were you were a good subject, so you were easy to capture. >> The North Pole was a good subject. That was Thanks, Abby. >> Thank you, Abby. >> And finally, counselors, um I'd like to uh the we received a donation um that I
asked the council to accept officially. Um and uh just for the record, this donation was from uh Councelor Link and her company Manning Enterprises to help the town with some AV needs um here for the thing. So, a donation for $1,000. I just uh I talked with Nancy just asked
the council to formally accept that donation. >> Well, thank you, Rebecca, for you and your your donation. And I will I will gladly make a motion to accept the donation. >> Anyone else like to say anything or make >> You didn't get one of those big golf
>> no tournament checks. >> No big checks. >> But thank you. >> Just from a a grateful hue. >> Thank you. >> Thank you. Do we have to just give acknowledge or does it have to be a motion? Oh, >> just consensus is fine. It's really more for recordeping purposes.
>> Okay. Well, I consent. >> Scott, >> I consent. >> John, >> yes. >> Jim, >> consent. Thanks. >> Of course. >> All right. >> That's all I have, Mr. Mayor. Will, I'm not going to let you off that easy, but I know these conversations are sensitive
and you may only want to share so much, but I want to let these folks know that you and your team have had are continuing in ongoing negotiations with the Lee County School District. I know you had a meeting recently and you're going to have more in the future and you may not you may not be in a position to
share too much at this point, but I just wanted to make sure that you communicate to the folks in our community that you're you're on it and you you're in ongoing negotiations and if any anything else you want to add or it may not be the appropriate time, but I want to make sure people know that this is a ball
that has not been dropped and you're having you're you're having very intense ongoing negotiations and thinking strategically about the issue. Thank you, councelor Adterholt. We are and um I did have a meeting last week staff to staff with the deputy superintendent and
member of his staff seeking clarification some of the items um offered or specific points offered in the most recent letter from the superintendent. uh there was reference to parceling or you know granting the
town uh the uh the the historic school and uh and you know potentially parceling off some of the property. So I asked for clarification on what was meant um from the district uh and specific specifically the school
the the historic building seeking clarification. Did that did that include all of the adjoining um buildings, all the adjoining properties such as parking, such as the playground, such as things like that? Uh the deputy superintendent did um acknowledge from his perspective that he does, but he has
to take that back to his his leadership for clarification. Uh, additionally, I thanked them for letting us uh me and members of my staff tour the historic building or inside to see what it looks like on the inside. Um and uh so we we were able to take some notes in there to
try and help us formulate a vision of what might be possible with that building. Uh a followup to that, I asked for another visit where we could take some um subject matter experts in building and engineering uh to to go along with us. Again, uh the
deputy superintendent acknowledged that that that would be possible and we're currently working out dates to do that. Um, I I would like to say in add on to that that the conversations so far have been have been cordial and professional and they're working with us to answer as many questions as we have or as the
counselors uh bring to us to to clarify. I think we're getting close to potentially recommending um to the council a uh a counter proposal to their proposal, but we're I I think I still need some information so we can really formulate uh
what our next offer and next steps should be, next asks from the council, from the district. But it has been a good uh back and forth so far um with them. >> Thanks for that update. Thank you.
Town attorney items. >> Well, first of all, I think this is the last meeting that we're going to have for this year, and I want to wish everybody a happy holiday. Um, a couple things that I've been working on with Will. Um, we've been working on um a
vaping and a smoking ordinance, which we'll probably bring to you um probably at M&P, I think, first for discussion. Um and also recently uh with the holiday season with donations um possibly uh
coming up with some type of resolution. So you have a formal policy. I know in the past you've accepted donations, but um this way it's it's very clear of what needs to be done and and how that can be processed. Um, also on Ksterero, we did
ask the court uh for a co a status conference to hopefully move that case um along. Um, in February, uh, that code enforcement appeal will be a year old. Um, and unfortunately um, speaking with
some of the area attorneys, it is not uncommon for an appeal to take this long. Um, and I know you really want to see that happen. So, we're going to try to do as much as we can um to move that forward. >> All right, council member items and
reports. Jim, >> everything that I have has been covered. Thank you, Mr. Mayor. >> Okay, Rebecca. >> Nothing additional. >> Scott, I want to wish everybody a happy holiday. >> John, >> um I'll just touch briefly hopefully on some things uh that occurred out of the
Florida League of Cities Legislative Conference that I attended earlier this month. I had uh Amy forward you all an email with uh what are nine priorities the FLC uh is going to be lobbying for this uh year or coming year. Um I'll just focus on three of them because I
think they're the highest impact for Myers Beach in my opinion. Property taxes obviously uh so many proposals out there right now. Um the Florida League of Cities is going to be heav he heavily involved in in lobbying efforts to make sure that um equitable um property tax
decisions are made. U another priority is revising section 18 and 28 of chapter 2025-190 laws of Florida better known as SB180 emergencies. uh the league feels that u it has
strayed from its original intent uh to assist with storm damage properties and is hindering uh towns and cities in moving forward on things. And also something that I know in the past we've talked about with community redevelopment agencies. Uh the Florida
League cities opposes legislation limiting the off authority or operation of community redevelopment agencies which are vital tools for rei revitalizing neighborhoods and driving local economic growth. So uh you all have those u priorities in your uh
emails. And that's it for me. >> Thanks John. Uh, I just have one item that I've wrestled on whether I wanted to bring it up or not, but I think we have to at this point. It is something that we could discuss at at an M&P meeting, but um I'm getting some concerned people when it comes to seeing
things pop up on the island in regards to uh rentals of golf carts, things of those. Obviously, I'm in the business, so I understand it and I see it. Um, and in trying to go through some of the process with with Mr. smallie over the last year. Um it appears that our
ordinance is very outdated would be the best way to say it. It's very vague. It makes it very difficult for staff to interpret. Um I would like to see if we can add it to the MMP for discussion. You know, we look at and I'm not trying to be overregulatory and you know, but you know, I'm in the business and I
understand fair is fair and and people have brought up that you know, we regulate jet skis, we regulate permits for uh beach chairs, things of that nature. and is it something that we want to look at for uh this growing market that that seems to be out there. I think
in reading through that ordinance when it relates to it it covers a lot of things. It covers, you know, car lots. It covers all kinds of things and fencing that's required and what's not required and and then you got the FEMA part of it. And I think it would make sense to at least bring it to the table and have a discussion about it and see
where it goes. >> I would be for that, Mr. Mayor, but I think we should add ebikes, bike rentals in there as well. Yeah, I I think anything that's electric, motorized, or gas powered. I guess uh my concern is in seeing some of the things that are
popping up, golf carts from they're not going to get on the beach. If they get on the beach, they're not going to get very far. Trust me. Um, but some of these other vehicles, if if it if it goes down the road that I
think it's going to go with the state at the state level with UTVs, some of these vehicles could easily go down the beach and and how are we going to I want to be ahead of it, I guess, would be would be I want staff to be prepared to be able to address anything that comes forward before it becomes an issue. So, uh, if I
can have one other person acknowledge, we could put on the MP and have a conversation then. >> Certainly. >> Okay, that's all I had. Yes, >> that reminded me of something, mayor. Uh, and this may be premature, but something perhaps for M&P. I just, uh, notified Will last night. We have a
resident who takes care of, uh, well, many residents who take care of our dolphin pods. And apparently there are helicopter tours now going on, landing on a barge at Bowic, picking people up at Moss Marina, and there's some
disruption. So that may be something that we we talk about. I'm not sure how the state is involved or what jurisdiction, but will and I will discuss it and if uh need be put it on an MNP for further discussion. >> Yeah, I think that's a good point. A lot of things are heavily regulated like the
parasailing is heavily regulated from the state. You know, street legal vehicles are heavily regulated from the state, but there are some things that are not. >> Right. Right. >> And where you can pay >> so where we should get involved or it's not within our jurisdiction too. Maybe that's all part of the same. I don't know if that would fall under the same
umbrella. >> Well, it doesn't uh it's not electric, but um some kind of fuel. So, anything powered by fuel. >> I I would support having that same discussion or if it's a different discussion, but >> same category. >> Yeah.
>> Anything else? >> Let me leave you with these immortal words sung by Derbingo, better known as Ben Crosby. Melee Kilikimaka is Hawaii's way to say Merry Christmas. A very merry Christmas. A very very merry merry Christmas to you. With that, I'll move
to adjurnn. >> All right. I've got a motion to adjourn 11:13. Any objection? We are adjourned at 11:13.