WEBVTT

METADATA
Video-Count: 1
Video-1: youtube.com/watch?v=WXuy0S3yJZE

NOTE
MEETING SECTIONS:

Part 1 (Video ID: WXuy0S3yJZE):
- 00:00:25: Meeting Called to Order and Agenda Approval
- 00:01:51: Drinking Water Week Proclamation and Utility Team Recognition
- 00:04:53: Friends of the Moundhouse Check Presentation and Appreciation
- 00:06:49: Anchorage Advisory Committee Cruiser Appreciation Day Report
- 00:11:06: MURF Advisory Committee Report on Fish Kill and Awards
- 00:17:20: Charter Review Commission Presentation - Ethics and Compensation
- 00:25:06: Charter Review Commission Presentation -Vacancies and Elections
- 00:34:15: Council Discussion on Charter Recommendations and Edits
- 00:42:52: Administrative Agenda: Joe Boofest Special Event Approval
- 00:47:09: Charter Recommendations Approval and Committee Termination
- 00:54:50: Termination of Easement for Vegetation on Dunes
- 01:03:42: Submerged Land Lease Renewal at the Moundhouse
- 01:09:08: Renewal of Agreement with Kimley Horn Associates Inc.
- 01:11:51: Construction Services Bid Monitoring for Beach Trail Project
- 01:14:48: Additional Funding Approval for Tidewater Landscaping
- 01:18:02: Awarding Dune Repair Project Bid to EarthTech Enterprises
- 01:24:26: Town Manager Items: Beach Cleanup and June Meeting Changes
- 01:26:57: Golf Cart Parking Discussion & Councilmember Updates


Part: 1

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Good morning everyone. We're going to call this meeting to order. Today is Monday, April 20th, 2026. It is 9:00 a.m. All council members are present, including the town manager, deputy town manager, town attorney, and town clerk. If you please rise for the invocation

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followed by the pledge of allegiance. >> We thank you for this time and for this beautiful day. We ask to be blessed with wisdom as we discuss our strengths and our weaknesses. Help us to work as a unified team as we listen politely to others points of view, celebrate our diversity despite our differences, and

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boldly steward Fort Myers Beach towards a bright and healthy future as we work together on our shared mission. Amen. I pledge allegiance to the flag of the United States of America and to the republic for which it stands. One nation

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under God, indivisible, with liberty and justice for all. >> Next, we have uh approval of the final agenda. Is there a motion to approve the agenda? >> So moved. A motion by councelor King, seconded by councelor Mlan. Any further

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discussion? All those in favor signify by saying I. >> I. Opposed hearing? None. That motion carries unanimously. Next, public comment. I >> I have nobody signed up. >> Is there anyone that would like to speak in public comment? All right. Seeing none, we'll close

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public comment. Local achievements and recognitions. First, we have a proclamation. Drinking water week. The town of Fort Myers Beach recognizes May 3rd through the 9th for two as 2026 as drinking water week. This is the town of Fort Myers Beach proclamation. Whereas

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water is our most valuable natural resource. And whereas drinking water serves a vital role in daily life, serving an essential purpose to health, hydration, and hygiene needs for the quality of life of our residents enjoy. And whereas tap water delivers public health protection, fire protection,

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support for our economy and the quality of life we enjoy. And whereas the hard work performed by the entire water sector, designing projects operators, ensuring the safety and quality of drinking water, maintaining the infrastructure communities rely on to transport highquality drinking water

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from the source to consumers taps. And whereas we are all stewards of the water infrastructure upon which current and future generations depend. And whereas the residents of our town are called upon to help protect our water sources, our source waters for pollution, practice water conservation, and get

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involved with their water by familiarizing themselves with with it. Now, therefore, be it proclaimed that the town council of the town of Fort Myers Beach, Florida, proclaims May 3rd through the 9th, 202026 as drinking water week given under my hand in the seal of the office of mayor this 20th

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day of April, 2026. >> Well, Mr. Mayor, if if you will, I would like to call up our utilities team. Please come up. Mark, Vanessa, Kareem, Keith, and Sean, please come on. I'd like to uh recommend we publicly

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recognize our utility teams for everything they do for us to maintain our drinking water across the uh the island and the town. >> Does the color configuration of the shirts dictate who's in charge? >> Great job, you guys. THANK YOU VERY

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MUCH. GET A PICTURE. LET'S GET A PICTURE. >> MARK, you got a clean shirt on today. >> Dressed up. >> My gosh, you guys look so good. >> You don't have to lie to be our friend.

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But it helps. >> Thank you, team. Thank you. >> So appreciate you, Mark. Thanks, Mark. >> All right. Next, we have Friends of the Mountain House check presentation. ladies. >> Okay.

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>> Wow. >> You need to be on a microphone. >> You got to turn around so we can get the picture of that. And then you need to talk on one of the mics, please. >> For those that can't or maybe for those who maybe can't see it at home, it says $25,000.

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>> Thank you. >> Can you step out? >> You got to go up to the mic so we can >> outgoing treasur. >> Wait till you get up to the mic. We just need you to >> Friends of the Moundhouse. Can you hear me >> now? We can hear you.

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>> We can hear me. All right, I'll stand on my toes. Uh Nancy Smith, outgoing treasurer, Friends of the Moundhouse. Katherine Clark, incoming treasurer. We are delighted to support and continue to support uh this wonderful gem that we

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have on the island. And we so appreciate the town continuing uh maintaining the moundhouse, the staff during this kind of uh this transition period. We are delighted with the excellence that the staff is providing

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at the moundhouse. We are dedicated to continuing to support operations and programming at the moundhouse. And again, thank you to the town of Fort Myers Beach, Jeff, all of you for your ongoing support. Thank you.

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>> Katherine, do you want to say anything? >> No, I'm good. >> Nope, I'm good. >> Well, that's first. >> That's a first. Can we put that in an ATM or >> you could try? >> Yeah. >> Uh, next is our advisory committee

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items, reports, and appointments. Miss King. >> Thank you, Mr. Mayor, I am Chris King. I am chair of the Anchorage Advisory Committee. Just want to give you a little bit of a recap of our recent cruiser appreciation day and thanks to

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everyone who was there and everyone who supported us. It was on April 12th at Bayside Park. Um it was a beautiful day, mid80s for those of you who were there. It was a little breezy, but other than that, it was fabulous. Uh we had 68 meals that we served. We had 19

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nonprofits involved. We had 11 of our mooring balls represented by attendees there. We had almost 20 voters attend and we had 22 VIPs from the committee, the council, town staff. 22 organizations provided inind items for

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our free prize drawings. We thank Beach Talk Radio for their promotional support and also AV support on site. Um I'm estimating 60 to 80 attendees. It wasn't packed at any time, but it was a wonderful steady flow of people who were

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visiting pretty much every table and learning about what the town has to offer, what our community organizations have to offer, and there was just such a positive, wonderful, happy vibe going on. So, it was a great day. We've already been working on our follow-ups. We'll be sending out thank yous to

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everybody who participated. Some of our ideas for next year will be perhaps we do it earlier in the season. you know, we could definitely see once Easter had hit, boom, everybody was gone. So, we didn't have the type of walk up traffic that we had hoped for. Um, also thinking

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about perhaps on a Saturday rather than a Sunday. And also thinking in terms of maybe we coexist with another event that's already going on so that we can we can have a niche where we really talk about boating safety, boating education,

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um, environmental, water, traffic, all of that sort of thing. but maybe we do that within another u event that already has some built-in traffic so that we're not trying to generate it all of our own. So that's going on. Um in terms of

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our financials, we had $6627.36 going into this event. Part of that was carried over from last year and part of that was raised this year. We spent a total of just about $2,023 I think and we have a remainder of

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460384. So I have a proposition that I would like to make to the town council on behalf of our committee. We would like to offer $1,600 to the town for the purchase of one year of a boat slip for

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our second boat um down on the south end at Fishtail Marina, Walker Marina, whatever it's caused. But we know that uh you don't necessarily have that funding in your budget and we would like to be able to position that boat down on the south end for some of the routine things that are necessary down there.

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Looking at canals, picking up debris, whatever is necessary. We would suggest that you then put that amount in your budget for 2026 27 uh and divide it upon uh between the different departments that would benefit from that. But that's my offer to the council. Hopefully, it's

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an offer you can't refuse, but we would like to transfer $1,600 or whatever that amount is from our account into your account to pay for that slip. >> I don't know that anybody wants to turn down money. >> Okay. >> I'm certainly on board with it, John. >> Absolutely. Thank you, Rebecca.

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>> Thank you, Chris. >> Scott, >> absolutely. Thank you, Chris. >> Mr. King, >> does it require a motion or >> Joe? Yeah. Yes. And I think Joe, you'll come back with a budget amendment. Is that correct? Okay. Okay. Just tell us what we need to

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do and uh the money will be yours and uh then Curtis and his staff can have a wonderful home down on the south end for that boat. >> Well, as the liaison for the anchorage committee, I'd like to make a motion to accept this generous offer. >> Second. >> Got a motion by councelor Mlan, seconded

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by councelor King. Any discussion? All those in favor signify by saying I. I. >> Opposed. >> Thank you. >> Thank you so much. >> Thank you. >> Mr. Mr. Nesbomb is here for Murf. >> Good morning. >> Good morning, Mr. Mayor, Vice Mayor,

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counselors, staff. It's a hard act to follow when Chris is sitting there throwing money away, but I'll do my best. >> We can turn this into an auction. >> Yeah. >> Okay. Yeah, you get a check. You get a check. Um,

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just to give you an update, I'm chairman, my name is Dave Nuspam. chairman of the MURF advisory committee and I'm here to give you the report from our recent meeting. Chad updated us on the fish kill and advised the committee it was probably

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caused by a fertilizer release after a rainfall. There is no recommendation from the committee at this point regarding our existing fertilizer ordinance, but we will continue to monitor events and advise should another

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fish kill occur. Changing the subject, Murf had a booth at the cruiser appreciation day that you just heard about, and we handed out speed zone maps for the Back Bay, holding one in my hand.

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They were wellreceived by the boers and residents attending. In fact, we were practically sold out. Boats exceeding the speed limit endangered the marine animals and could destroy the seabed grasses that the manatee feed on. It has

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been a problem this season. Marie Toruson has been working with a bunch of agencies in including MURF and the Anchorage Advisory Committee. uh and she was the one that paid to have the maps printed out so we could hand

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them out uh at the cruiser appreciation day. I'll have more followup with that u as we get into more uh work with the group looking at publishing apps rather

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than speed maps and Marie is the Mary is the one sorry Mary is the one uh targeting that and and spearheading that whole cause. So we thank Mary for it. The applications for the Mayor John Mullhalland award are available on the

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town website. The Malhalland award is open to any individual, business, or organization which promotes awareness, education, and the preservation of our community's natural resources. It is one of the highest awards bestowed by the

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town and I encourage everybody watching uh please give it some consideration and turn in your applications. Turtle nesting season begins May 1st, so please ensure your lights and your blinds are in compliance with the town

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ordinance. Shorebird nesting season has started with three snowy clover chicks already hatched in the critical wildlife area. Please keep your dogs on a leash and remember no dogs are permitted in the

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CWA. Per Heather Hill, FWC biologist, lease turns on the Carlos Beach are pairing up for mates with the males, bringing the females shiny fish to show

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their affection. Kind of a cross between sushi and jewelry. Nest will be next and then the ropes and ballards will be set up to protect the nesting area. Uh Heather will try and provide walkways

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where she can through the nesting area. And that's my report. >> Thank you. >> Any questions? >> John, any questions for for Dave? >> No. Thank you, Dave. >> Other John? >> No. Thank you, Dave. >> Scott, >> how are we doing on the signage for the

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the back bay? Has Mary gotten any progress on that as far as replacing those those no wake signs that disappeared? >> She's working with I believe the I believe part of that is core of

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engineers and she's working with that again. She's kind of spearheading that, >> right? So, um, I haven't talked to her recently other than to thank her again for making the signs, but I will update

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you as soon as I can. >> Okay. Yeah, she's she's put a lot of work into it and she's gotten some good good committees together. So, >> appreciate everything that she's done. >> She's been a a a real driver on this and we thank her for it.

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>> Yep. Absolutely. Speaking from experience, I can tell you that is no small feat trying to get signs replaced in the back bay. The amount of red tape you have to go through to get it it it's going to take a little bit of time, but persistence pays off. And anybody that knows Mary's knows that she's not going

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to be not persistent. >> Rebecca, >> yes. I have a question for those watching and for those of us up here, Dave, the Moholland World Ward, what is the due date for people to make their recommendations and how do they actually go about doing that? There's

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I answering your question the end of the applications is April although we've extended that out. Uh our next meeting is May the 2nd Wednesday in May and that's generally when we will look at

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all of the awards. We're having a a combined meeting with the Anchorage Advisory Committee. So we may have to either have a special meeting or carve it out till June before we make our recommendation to the

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town. But uh sooner the better if we can so that we can go through and the second question was you can make a recommendation. >> You can pick up the forms. I believe they're on the website. Uh but I sent a

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note and Chad sent a note and they should be available. If not, I will follow up and make sure they're on there after this meeting. >> Great. Thank you. >> Thank you, sir. >> They are right. >> Excuse me. They are on our website. >> Thank you, Amy.

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>> Thank you, Dave. Okay. Thank you. And last, we have Mr. Dunlap, chair of the the Charter Review Commission. >> Thank you, Mr. Mayor. Just a side note for a minute on the Fishtail Marina. We also have a slip there. We did receive notification from Loggerhead who owns

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and operates that. They're beginning their renovations on June 1st. So, they'll be taking out the docks and doing all the things that that's been approved by the group. So, good news on that coming. Get in there, too. Good morning. Jim Dunlap, 131 Egret Street, uh, Charter Review Commission Chair. Good morning, Mr. Mayor, Vice Mayor,

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Counselors, and staff. Um, first of all, let me as chair thank you for a great team that you appointed to the group. They were marvelous to work with. Some of them I had never met and some I didn't know very well but at the end we all were very coalesed around it. To

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remind you who those people were Ed Skunover who um obviously used that platform to elevate himself to LVA based on that exposure. So good for Ed Brian Thomas Henry Zuba Bev Milikin and myself along with Michelle Churnney and Nita Sarasa's alternate which by the way was

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a good process and protocol because we did need to use the alternates on occasion to um maintain the voting quorum. So that was good. We took those last two uh on the votes and put him in um that position. A very active and and um dep Safford was

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our council leaison made every meeting contributed a lot to that and we had a lot of staff support with Will and Tissa and Joe presented actually presented to the commission uh as subject matter experts in the areas we were looking at the time. We met monthly from November

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to April. Our deadline was April 6th. We completed our work in April 6th on time and on budget given by the council which was zero. Um we started by developing a guiding principle with a lot of NY's encouragement on making sure that the group knew the scope of the

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responsibilities that they were asked to um to take charge of. And it went like this. The town charter is a legal document. It should be limited in scope to provide the elected officials the greatest flexibility to set policy and procedures.

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So we went through and read every single word of the charter during the process and we were looking for the following things. Scrimer's errors, clarity of meaning or understanding to the average reader, whether the section

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was still pertinent in 2026 and does it still align with state statutes and what enhancements or additions would provide town cons council with greater insights or options to act upon. And there were two that's in your letter. I'll get to in a minute. Uh that we fell

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into that category and that was the um mayor and council compensation and the term of um town council appointments. And then finally, as provided with the sheet that I'll go through here in a second with you, also what form of action u would we recommend to town

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council to finalize or fully adopt these changes? And we realize we are an advisory body, a recommended body. So those recommend recommendations provided you in a form of a formal letter from me along with the attached section spreadsheet which I had handed out this morning uh to go along with next step

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recommendations. But let me make a few u fun facts and comments before I get into the actual recommendations. Will Tracy set up a an interview with me and a couple others with Dr. Robert Lee. He is the associate professor of public

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administration history at Florida GF Coast University. And interesting enough and very pertinent enough was he was also the city manager for the city of Naples from 2003 to 2007. So I made some notes from that presentation. I thought I'd share just a couple of them with you today. He

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started out by saying our charter is really well done and he's seen hundreds of charters. So the effort and energy went in from our founding fathers and mothers along with the uh previous charter review groups have done a great job of putting a very pertinent and

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actionable document in place. So we didn't have a lot of major adjustments that we had to make to the process and he recognized that and complimented the town on that. Um he also went through a little bit of the history which I find particularly fascinating. Prior to 1968,

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local governments could could do and only had the authority to provide and take actions on things that were specifically provided for in the state constitution or the state statutes. So they our federal government constitution doesn't even mention how local

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governments should be run. And our state uh constitution and statutes said these are the things you're allowed to do and no more. That turned out to be for the legislature over that period of time a huge amount of work because they were getting numerous and voluminous exceptions every year to take through

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the legislature to get approved so the local governments could operate. So then in 1968 Dylan's law came into came into play. Actually was adopted in 72. It took that long to get through. The new representation was local governments

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could do anything that isn't explicitly prohibited by state law. Thus, the birth of home rule began and so did the games. What do I mean by that? Well, since this law was passed in 1972,

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um, based on a study by Florida State University, and this is only up through 2009, there have been 1,900 unfunded mandates on local governments that created state laws that local municipalities now had to follow. And I

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don't know how many there have been now up until this date, 1,900 through that period of time. So, I'm a personal observation. When you hear the rhetoric around town about Fort Maris Beach government light, you should be reminded on the number of things that we have to

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comply with that are both mandated and unfunded by the state. That in and of itself challenges how government-like we can actually be in the end. These are things we must do and weren't part of our original design. We talked a little while um about the

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form of government, why we have what we have and should we continue it. And there were some interesting observations during that conversation too by by the professor. He said the form of government really doesn't matter too much when everybody's getting along.

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What you want, however, is to set up your form of government that would enable you to ride the storm, no pun intended, whenever people are not getting along. And you'll see and we went through this conversation as a group. We're not recommending any changes to our council manager form of government. We believe it provides the

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best foundation in terms of political conflict. It's best structured to ensure professional and objective management and most likely to maintain compliance with state and federal laws as well as provide a check and balance in term of administration

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and politics. And by the way, most municipalities between 20,000 55,000 um population the state of Florida use the form of government that that we currently have. So let me direct you now to my letter and let me go through. We we went

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through the process again guided by Nancy realizing there's many ways and options you have to adopt these recommendations should you choose to um could do nothing. um pass a resolution, an ordinance or take it as a

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charter change as a referendum to the populace. So if we go to my letter, there's five that we recommend for formal charter changes. The first one entitled ethics and government. Um there was a feeling on the group particularly

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strong by one member that there should be in codified in our charter an amplication of transparency and ethics. So you can see in that paragraph, we've underlined what it is we changed. Pursuant to misful powers, the town of Fort Myers Beach shall adopt ordinances

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to promote transparency and ethics in government by the adoption by the adoption of an ordinance prohibiting the acceptance of unlawful gifts and disclosure of exparte communication and quasi judicial hearings as provided in the town ordinances in Florida law. So

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embedding that in the charter we believe as a group amplifies our focus on that our commitment to that and our obligation to follow it. Second item and this one took a while but I think it's important for the uh

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quality of the efforts we get and the people we get sitting in the in the dis and that's on compensation. Um there are some best practices that we could talk about. Tissa did a tremendous job of giving us a lot of options to look through this and there's a lot of best practices out there to deal with.

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But the change we're recommending is as follows. Commencing in 2027 and no sooner than every four years, a compensation committee consisting of five residents appointed by the council shall make recommendations for compensation adjustments to town council. The first compensation

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committee shall be appointed and will make its recommendation to town council no later than three months prior to the day of the next general election. Any action by the town council to change its compensation shall be effective on the first day following the next regular

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election. I've got the rationale down there. But the approach was and we have independent information now um to work from this group in my mind would be arms length from the outcome maybe some subject matter experts where we could

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recruit accordingly and would have access to the information that Tissa gets on a on a professional basis regularly and we'll be able to do peer group analysis on what these jobs are worth based on the amount of effort it takes based on the committee assignments based on the hours worked

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And based on uh as some of the communities put it, you want the ability for people who still have to have or still have a full-time job, aren't retired or other financial capabilities to still be able to serve in the DAS by having some compensation around with that.

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Uh compensation was set 2016 by the town charter with the mayor was $19,200 and the council members were $16,800. There was also a a criteria that the council would receive annual cost of living allowance

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adjustments similar to identical to those that were into the uh the town staff except for 2024 and 2025 that was not followed and did not happen. So there's also already a compensation lag for you all that are sitting there, which the

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current salaries for mayor $20,53 and $17,546 for counselors. Had that been followed, each one of those numbers would have a $1,000 upward adjustment as you sit in your jobs today. And that assumes a 2% cola. And we know what inflation was

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during some of those period of times. So those salaries would be um would be even higher. Um so the group then as we tried to set it up um Scott was very um communicative about the political

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implications of obviously talking about adjusting your own salaries which is why we thought this group was the right way to have an arms length. I also tried to set up with the group and we got approved that it would be apolitical in the following sense. The group would not be um appointed until after a general

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election. So nobody could run or not run for or against appointing the group. They could if they want, but it shouldn't be an election factor. So, the newly elected council will then appoint these five members. And then when the recommendations are made back to council, should you choose to adopt those, that would not take effect until the next general election, which would

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affect those individuals that either reran and got elected or the new people that were put on to the uh on the DAS. So, we think it's important to sterilize this process a bit, actually follow what the charter said we should be doing, and have people that are skilled in this area be able to make formal

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recommendations. In the end, it's your call, as it always is and always will be. And we've tried to separate the time frames of effectiveness and appointments to make sure you're at least subject to the least amount of political um risk that you could take. The third uh recommendation was the

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filling of vacancies. We clearly went through this um with the last process we had in the appointment of Mr. Mlan. So the recommendations on um filling these vacancies would would be that uh well let me go through the mayor thing

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first. Uh particularly around the mayor uh up I'm sorry let me start at the top of this. The appointed council members should there be a an opening would be to the expiration of the term of the vacated seat. And let me tell you how we got there.

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Um we have a good balance in our uh 32 uh cycle of making sure that our members stay bifurcated in when the elections are held and therefore how many members are up for election a particular time. this preserves that. Um and also if you

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have a specific uh seat that is for two years or one year or three years instead of four then the candidate would have to in the normal course declare which seat they are running for and our setup even though we have numbered seats on here does not effectively allow that to take

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place. So we suggested as a group we eliminate all that. If you're appointed to a term of a vacated seat, you're appointed to the term of the vacated seat. Also, uh, as it gets down to the mayor and vice mayor position here, let me read the thing we changed there. Um,

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obviously the vase vice mayor will become mayor should there be uh, for whatever reason an opening in that area, at least uh, temporary as it may be. The vacant position of vice mayor, which was not addressed in the in the charter, shall be created and filled at the next regular scheduled meeting of the town

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council until the next selection of a vice mayor. If the vacancy created is not temporary, the vacancy shall be filled under provisions of this charter. So, this allows for an actual transition. Vice mayor then moves to mayor. Sounds like it should make sense,

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but the provision wasn't there to replace the vice mayor. We suggest that's done at the next meeting. And should that be permanent, the charter does deal with how to elect the next mayor, which by the way, we had a debate about also um on whether or not the mayor should be an elected position

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separate and distinct from council. And our belief was that there are um moments in time and context that matters in the selection of our mayor. The council we feel is best positioned and most in

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touch with the the electorate that put him there to select the leader that they believe best represent their interest and their priorities as it is very much a ceremonial job. The title though transcends that and people believe the mayor's the mayor. And if we had terms

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of mayors and we chose a council change for some reason and we couldn't change the mayor or our leader, we don't think it reflects the accuracy or the timeliness of what the council may want itself or its leader to be. So we believe it's being done the right way. There were a lot of conversations about two years and three years. You have

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control of that. If you like your mayor, you can continue elect. If not, you can make that change. Two other fairly simple ones left in here. The qualifying period for elections no longer pertinent to us. Amy does not have a role in that anymore. It's handled by the Lee County

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Supervised Elections. So, we're eliminating that requirement in the chamber in the charter and also the town camsing board. Similar thing handled for us by Lee County. Now, one other thing before I take any questions you have or context you want. If you go to the handout I had on the um

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the matrix, this is every section we went through, whether we took action or not and if we took action, what kind of action and then what recommendation we have for you to formalize those and you'll see there's several ordinance change in here basically cleanups and then the charter

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change of course I went through. So in the end um we had a very good document to work with. We had a great group of people that help walked this through. There was a lot of debate. Um there was a lot of alignment in the end when everybody got a chance to both have their speak and listen to the

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alternatives and the context around it. We tried to minimize um the amount of changes because we think it both works well. But more importantly, we want to maximize the ability you had to set policies and procedures by resolution and ordinance and policies in your own control. The charter should be a guiding

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document on that, but should not mandate things that take that responsibility away from the elected officials. And with that, be glad to help entertain any questions. >> Uh, thanks Jim. It was great presentation. You guys did a great job. The question I have is these recommended five change. Maybe this is for Nancy.

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Would these go on as individual questions on as a referendum or as a whole? >> No, they should be individual because the subject matters are are a little bit different. >> That's what I thought. I just wanted to get clarification on it. Mr. McClinton, questions. >> Uh, I guess probably to Nancy. uh the

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ones that are no longer pertinent because the and I'm thinking of the fact that Lee County manages the elections, would those require to be a citizen voted upon or would they be something that could be

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done administratively? Um, I think to actually remove the um the language, I think it probably should be on the um on the ballot. However, there is an exception um that is under

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statute and I will be analyzing that closer if we um can just administratively take it out. I'd say administratively it would still be by vote of town council. >> Okay. I I just feel like the other changes are very substantive and should

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be not diluted by something that is no longer pertinent to us. >> Rebecca, >> uh I have an administrative question for you, mayor. Are we discussing this under administrative agenda as well or should

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I ask my questions? >> Yes, we will. But if you have any direct questions that you want to ask because he won't be up here to answer the questions during the administrative. >> Okay. So I do. >> Okay. >> And some of them they must all go to Jim, right? Not for Nancy or that's okay.

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>> You can do. >> Okay. Great. So John asked my question about you know can some of these be handled by ordinance and I think uh you know that was that was answered. Um my question about the ethics in government

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item number one. Um my question would be to Nancy. Are we duplicating any state law here or are we merely just emphasizing our standard of ethics that we're looking for? If you could just review. >> Sure. We are emphasizing uh from a

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policy perspective that these um these policies are important to the town. Um we already do have ordinances in place uh regarding exparte um and quasi judicial hearings the acceptance of unlawful gifts um that is

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embedded in Florida law I think it's also in your procedural rules and also it is in your procurement code. >> Thank you. Uh my next question is regarding the compensation. Do we want the compensation to be set in the

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charter or just the process? Jim, um I'm not sure if you had guidance one way or the other since it started out talking about the salary of 2016, >> right? And I would suggest the following. Uh you need to allow for um if the populace, the electorate rejects

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this approach, then it would default back to the existing nomenclature that's in the charter. So, we decide to leave those in so there was not confusion about now where you're getting paid. I think you would all appreciate that. Um, but I also want you to realize that um, while that number was appropriate when

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it was de devised and it's not been followed based on the colas that should have been placed, it's also not um, with the exception of Santael, it's not peer group consistent either. Santael, you may may know or may not know that they do not pay any compensation for their elected officials. Completely a

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volunteer job in that regard. And then you have much more creative situations out there like Asterero um which has a um a multiaceted compensation piece which goes with how many hours you put in and the committees you're on and therefore there's a base plus. I think it's important for the

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community to both respect these jobs and their fair value and to have an independent process to bring the alternatives forward for you all to see and debate. One question I would add to that is um I can remember shortly after the storm,

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mayor, I'm not sure if you brought it up, but it was about having more meetings than you were used to before the storm because obviously the need was there. And I can remember Sarah saying, "Oh my gosh, can we handle all that extra work?" Should there be a time down the road where there aren't as many

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meetings, it could be 10 years from now, but there is not a need for as many meetings as we have. And maybe that compensation would change because of that. >> It's not tied to that today. And um

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that's more the eststerile model. They don't really deduct, but they don't add on to their base if there's not the requirement to do more work. Um, I saw the mayor on Sunday talk about special meetings, etc. Seemed to be a hot topic out of the out of the blue. He said, "I'm elected to attend meetings

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and show up for the people, and that's what I want to do." So, whenever they're called, I'm coming. So, it's part of the job, I guess. But I guess what we're recommending is let's make sure that you're getting paid for the job you're doing today. And anything you want to add to that, you can certainly debate, you have the power to implement. >> Perfect. Okay. My next question is uh

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under item three filling the vacancies >> and um in the second line it says the appointment shall be effective until the expiration of the term of the vacated seat. Okay, that was for mayor. Then down below it's

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just a little bit different language and I'm recommending that you use that same language when you're talking about the vice mayor. Uh so it is extremely clear. So my thought was until the expiration of the term of the vacated

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mayoral seat just a consistency in language so it's 100% clear. >> After I'm done it's your document and you can adjust it accordingly. So those are great great thoughts. >> I thought that that that part of the discussion was uh really interesting. Um good

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>> then the qualifying periods for election. That's good. Less administrative work for Amy and the town. Same with the canvasing board. I have to tell you, I watched all those meetings and it was so interesting. Even though this will be behind us, I recommend that anyone watch that to see

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what a good group of people with diverse opinions how they come together. Thank you, Jim. >> Thank you. Appreciate it, Scott. >> Yeah, Jim, I want to thank you again for your leadership and I want to thank everyone on that committee. It was a it was a pleasure to be on it and uh

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don't really want to say you enjoy but that was it was it was fun. >> It was it was great. Um just for clarity for for everyone um be we wrote in that or or they recommended that we we do the fulfilling of the term

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because we were there was some trepidation that if something happened to Dan or I then all of a sudden there'd be four people or maybe all five seats up and >> right >> you really want that balance you want that 32 balance to you don't want the pendulum swinging so much. So that that

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was that was kind of the thought process there. But >> and if there's too many, the governor appoints you all. So it gets to that point at some stage and clearly that is the furthest thing from what we want to have happen here. >> Yeah. So thank you again. >> You bet, >> John.

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>> No questions. Uh but thank you and your committee for all their hard work. Um I guess I'll have more discussion around when it comes up on our agenda. Thank you. >> Yeah. Again, good job, Jim, with you and everybody on the thing. Although I think some of your data might be a little skewed. I don't know that cola has ever

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been followed since 2016. I don't think it 2024 and 2022 were the only two years. Actually, we didn't even know about it. Um the the the town manager before before Will actually brought it to our attention that did you realize that this was part of it and nobody even

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knew about it. So I don't know that it was ever implied or or ever imposed like it was supposed to be. So just trying to make >> One thing I'd caution is your HR director is very very good. She can provide the data. She certainly did for us. >> Yeah. Yeah. And maybe I'm wrong, but I I I don't think I ever noticed it, but

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I've been around a little while. >> Sure. >> All right. Thanks, Jim. >> Okay. Thank you. Appreciate it. And Nancy is going to talk to you about sunsetting the committee now so you can officially fire us, right? >> And thanks for coming in under a budget. >> Yeah. >> Yeah. >> Very important. Wish you could have

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saved us a little bit of money, but that's all right. All right. Next is our approval of the minutes. Is there a motion to approve the minutes? There are no minutes. >> There are no minutes. I didn't see them. I just used to still Okay. Do you want an approval then? Don't need to approve.

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All right. We have no consent agenda. We've got no public hearings. That'll bring us to our first administrative agenda item, which is a special event for the I get to it here for the Joe Boo Fest.

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Pull it up here. This is an approval of a special event including the waiver of enforcement of the town's open container and noise ordinances during the annual Jou Fest concert to be held at the Whale on May 30th, 2026 from 8:30 a.m. to 6:00 p.m.

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on May 30th, 202026 as requested by Don Miller of the Whale and subject to further approval by the FM Control District and Lee County Sheriff's Office. Don, you want to come up? Good morning. >> Good morning. >> How are you?

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>> Getting better by the minute. >> I'm Don Miller, owner of the Whale, also president of What's Up FNB. So, I'm kind of busy here on the island, but so last year we started the Joe Boo Fest. And the purpose of that was after Helen and Milton and the island had been devastated yet again. I was like, we

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need something to protect our island, something for everybody to get behind. And um being from Ohio, somebody said, well, you're from Ohio. you watch major league and no I had not. So I did that night and Joe Boofest um was born. So last year we had our first annual Joe

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Boofest on the Saturday before hurricane season and I'd like to believe that he helped us out. We had a great season. So we want to continue that. It's just a great way for the island uh residents and business owners to get behind something that we hope will protect us.

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So, for this event, it's normally going to be at Sandy Bottoms, but as you're all aware, Sandy Bottoms is still in a crazy state. So, it will go back there next year, but for this year, we were hoping that we could do it in the parking lot at the Whale. Um, it will

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run from when we open at 11:00 until 6 6:15. The purpose in that is that I want to have the band stop. We're gonna do our ceremony which starts with a conch horn blow and you know finishes with

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that as well. Um but then we'll have the band play two songs once the ceremon is over not to be later than 6:15. And the setup will have the music and um uh the speakers pointed towards the building and towards the beach.

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uh throughout the day we'll have um like a a duo playing earlier in the day and then we'll have a um kind of a rea band playing in the afternoon. So >> I think that's all I need to share. So I'm new to this. So

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>> you're not going to be playing You're not going to be playing the movie on a big screen? >> No. No movie. Yeah. >> John, any questions for Don? >> No, but I'll drink to that. Scott. >> Now, hey, it worked last year, so let's let's keep it rolling.

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>> That's right, Rebecca. >> Now, I just want to thank you for reaching out to the residents as well, having community functions and residential concerns. Great job. Thanks. >> Thanks, >> John. >> I will be pouring out one down my gullet

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and one to Jo. >> Very good. Thanks, Don. Thanks for all the hard work. All right. If there is, is there a motion for the special event for the annual Joe Boofest concert? >> So move. >> A motion by councelor Link. >> Second.

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>> Seconded by Vice Mayor Safford. Any further discussion? >> Do we need to amend this to 615? That is in the permit application. >> Good question. >> Might as well. >> Nancy, does that give you >> Yes. >> All right. You okay with that, Don?

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Amending it to 615. Okay. >> All right. Any no other discussion? She had to amend her >> motion. >> Oh. Um, amend the motion to change the time frame to end at 6:15. >> And I'll second that.

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>> Okay. Councelor Link, >> approve. >> Uh, Vice Mayor Safford. >> Hi. >> Councelor King. >> Hi. >> Councelor Mlan. >> Hi. >> And I'm an I as well. That motion carries unanimously. Thanks, Don. Uh, next is the charter recommendations as was laid out by Mr. Dunlap just a few

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minutes ago. He's no longer here. Um, Rebecca, do you seem to be the only one that had some recommended changes or is there anyone else that has any recommended changes to any of the language that was proposed by the committee? >> Go ahead, Rebecca. >> Yes, my only recommended change uh would

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be to filling the vacancies that we make the language consistent whether it's the mayor or or the vice mayor. So stating until the expiration of the

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term of the vacated mayor mayoral seat just makes the >> the language the same. >> So you're talking about before the f the the what specific sentence are you referring to? >> Okay. So um the second line on the second row of the text here.

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>> Yeah. Uh it says the appointment shall be effective until the expiration of the term of the vacant seat. Okay, that's fine. Then when you get down to one, two, three, >> where it says the vice mayor shall >> where it says the vice mayor shall

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assume the office of mayor for the remainder of the unexpired term as mayor. >> I would like that to say until the expiration of the term of the vacant mayoral seat. It's just consistent language. >> Nancy, do you have any objections with

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that word, too? >> No, I think that's fine. >> Okay. And what else? Did you have anything else? >> And that is it. >> Okay. >> With all the recommendations, that's the only one I had. >> Okay. And councelor Mlan, uh, just the recommendation that if we can take care

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of the two that are no longer really appropriate to be in the charter, if we could do that administratively as opposed to putting it on the ballot. >> Okay. Okay. What would the time frame be on that though? >> So, I'm going to work with Amy on on

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this. Um, as far as the next steps, so on the um the matrix that you received, um there are just a few I don't think there's anything in the resolution column. Um, however, there is something um in the ordinance column which is basically just cleaning up some

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scrivener errors that we found um which you can choose to do or or not do. And then the charter change would require the adoption of an ordinance um which would be two readings. Um, so based on your uh direction today, I can come back

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with um draft ordinances for both of those and at your first public hearing um you can decide if you want to move forward with a scrivener error type ordinance um or

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not. Um we might be able just to work with MUN code um and try to find out how these scrier errors occurred. Um again they're very um very minor as you can see. Um however the charter change

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language um I have to draft an ordinance that will show exactly what is going to appear in the charter. Generally it is a question that has to be answered with a yes or a no. and there is a statutory process that has to be followed as far

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as the limitation on the wording to explain what that charter change does. So for me it it's a little bit of a challenge to do that. It's kind of fun actually um to craft that language um and bring it back. It's a little more

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labor intense than a scrivener's error ordinance. So, I'll defer to Amy as far as the scheduling and the dates of what we need to do because we are constrained with the um supervisor of elections uh schedule

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>> and because this these changes would happen by ordinance with two readings, we'll have to have it finished before you go on recess in June. Um because the the deadline to the supervisor of elections is very early July. So, >> just a few more things on your plate,

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Amy. Uhhuh. Yeah. So, it'll be coming maybe not the next meeting, but the following one probably. >> Yeah. And and if you're thinking, "Oh, June, that's two months away." It it's not um because everybody is trying to get their items before you um before

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there is that um slight recess in in July. Uh so your agendas are going to be packed and that's why we wanted to get ahead of this and see what your uh direction is and go ahead and get a placeholder on those agendas uh so we

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don't end up at the last minute trying to squeeze something in. >> Um mine was a suggestion. I'd like to hear what my fellow counselors think >> Scott. No, I I like your suggestion. I just want to get make sure that

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>> you know there's a time constraint so we have to get it done. So >> just want to make sure that um >> Nancy and Amy are okay with that. >> 100% agree. >> I like your I I like it though. The less less we have to put on on the ballot the better.

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>> So my intent working with Amy would be to try to get it um on your agendas as soon as possible. Um, but recognizing there are a lot of things coming forward. Um, so it might get bumped a little bit, but we we will try to push this as quickly as possible.

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>> John, mine's more procedural. Do we know if there is a charge? Are we charged for putting things on the ballot? And if we do, are they individual items or would they just be one lump sum or >> We don't necessarily get charged to put

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things on the ballot. We will get charged for them to hold our election, >> which we do, >> which we do any election we have, the supervisor of election charges us to >> um do those for us. So we we could put

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two referenda, 10 referenda. There's no per referenda charge. Let's call it. >> Good to know. Thank you. >> Yeah, John, I I support your anything that we can have not have to go to a referendum. I think both will help the staff as well. I mean, there's going to be a lot of referendums on this year's

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ballot. >> Yeah. It's going to make it easier for the voters. >> You know, not just ours, but statewide there's going to be probably a few that are coming out that are going to be important as well. So, I fully support if we can do it administratively to to put less on the on the referendum if we don't have to, especially if it's just eliminating something that's redundant.

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All right. With that, is there a motion? Do we have a motion by Do we have a motion? No, we have not had a motion. >> So, um, Chair Dunlap, he did mention that, um, a motion would be appropriate to actually terminate the, um, charter

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commission. Um, you all created them. You need to terminate them. >> Scott, you want the honor? >> Yes. So, moved. I'd like to terminate these guys. >> I'll second it. >> We got a motion by Vice Mayor Staffford, seconded by Councelor Mlan. Any further discussion?

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Vice Mayor Safford, >> you're fired. >> I, >> Councelor Mlan, >> I. >> Councelor Link, >> I. >> Councelor King, >> hi. >> And I'm as well. They are officially fired. >> And now, is there a motion to approve the charter recommendations based on today's discussion? >> So moved. Second.

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>> Got a motion by Vice Mayor Safford, seconded by Councelor Mlan. Any further discussion? >> Vice Mayor Safford. >> Hi. >> Councelor Mlan. >> Hi. >> Councelor Link. >> I. >> Councelor Kang. >> Hi. >> And I'm an eye as well. That motion carries unanimously. That brings us to get my page to work

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here. Our termination of easement. This is a resolution of the town council of the town of Fort Myers Beach, Florida, terminating a temporary beach access agreement containing a temporary easement to allow for the planting of vegetation on dunes located on property owned by Castle Beach Condominium

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Association, authorizing the mayor to sign the termination agreement, directing the town clerk to record a copy of the termination agreement in the official records of Lee County, and providing for an effective date. Will, >> I will ask Chad to make his way up to the podium. Uh the discussing the

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termination agreement provides a town with limited license to enter upon the property and remove vegetation that has already been installed. And I'll let Chad further elaborate. Good morning everyone. Uh Chad Ches town uh environmental staff.

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Um I can elaborate as much as you want or as little as you want. I'm not sure where to start, but uh you know this is one of the properties where um they had signed their easement and there's been change over as a lot of the condos have had with their uh

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leadership. So there was um the previous um HOA president there had signed on and um the uh posten leadership of that condo um does not uh wish to uh continue

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in that easement and um uh you know not getting I'll I'll let Miss Nancy deal with the legal ease with that but >> sure that in a nutshell That's pretty much what happened. Um there has been a lot of back and forth um regarding this

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item um because of kind of the transition within the condo leadership um the attorneys working with Chad. Um but we do have a document and um the document that you have does still have some strike and insert in it. Um you'll

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see that we we were able to um have them remove the prevailing party attorney fee award and just basically if we end up in litigation because of this um both parties will pay their own costs. Um and there's some there was some missing

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information. So should you choose to uh missing information regarding the recording and the legal description. Um so should you choose to um approve this, I would just ask it to be subject to legal signoff and uh the only thing we

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would do is we would attach a copy of the um signed document as an exhibit A and that way um everything is documented into the record um that this in fact this easement is terminated. Um there is

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a period of time in the termination agreement where um Chad and his team they have the opportunity to go on and do some plant removal. If you want to comment on that. >> Sure. So, um they're requesting that um

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you know and in back the back and forth they were saying you know maybe just 15 ft on each side um of their I forget the total width of the property but um it wasn't substantial. It wasn't in the um spirit of the dune management plan.

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So I felt that it was just better just to you're not in the dune management plan and we'll remove all plants um for that. Uh, and we have a place uh nearby where we can relocate it. Um, >> who's going to who's going to cover that cost? Cuz we I mean taxpayers paid to

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plan it and now they're changing their mind, >> right? >> And now the taxpayers are going to pay again to remove it and move it. Who's going to eat that cost? >> Uh, that would be us, mayor. >> Okay. I don't know that I'm okay with that. But Nancy, is there anything that we could put in here to associate the

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cost of they're they're bringing this to this to >> how much are we talking about, Chad? I mean, >> uh public works time would be, you know, on the order of a few hours. Uh I'm not sure manh hours, you know, if we had a team of uh two or four

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individuals, you know, so maybe uh you know, >> and the fact that we can reuse those plantings someplace else means we wouldn't have to purchase plantings for another area. >> Uh we would we would be supplementing a

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uh property owner um a couple of doors down, supplementing there, and adding some additional plantings where it's needed. right next to the CWA lagoon. Um there's there's some um additional plantings needed there. So, I understand what you're saying. Um

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we've had several of these where and we wrote it into our contract with Earth Balance um where you know, it's a big project. It's somewhat controversial as you know. So, um, we've had this happen, uh, several times up and down the beach as we're

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doing plantings and, you know, you're just it's >> it doesn't sound like it's a substantial amount of time or I just was kind of curious if it was going to be thousands and thousands of dollars to do this or talk >> No, just some some >> some some sweat and maybe some tears.

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I'm not sure. >> All right. >> No blood. >> No blood. Hopefully. I don't know. Yeah, councelor King. Any questions for Chad the staff? >> I guess I'm not sure who the question is for, but the u

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we lose the easement then. How is the dune taken care of after that? They're maintaining it themselves or >> Yes, sir. >> Okay. Thank you. >> You're welcome. >> Scott stole my question again. >> Nothing else. >> Rebecca. >> Yeah. I have a simple question um that

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may be only mine but for anyone watching. I'm looking at um page 35 of this particular section where you have the image or we have the image in our packet and I'm not sure exactly I understand where the easement is. Um the legend doesn't tell me that. So, is the

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easement the 5- foot running vertically down the side of the property or is it what appears maybe in front of the property seawward running horizontally? So, there's >> then there's two green sections. I'm

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sorry, Chad. Two green sections uh 25 by 10 and then 165 unveated. I just want to make sure I understand exactly what area you're speaking of. >> Yes, ma'am. Sorry for interrupting. Um, so, >> okay. >> Um, there's two easements there. They have a neighborhood access, uh,

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easement, which is complicated. Um, and I don't want to get in that doesn't have anything to do with our easement. Our our standard beach easement is, you know, the beach side of their property to uh place sand and plant. Um,

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>> that's the five foot that you're talking about. >> No, the So, the five foot easement would be the neighborhood access. >> That's the vertical one. Okay. And you know, that was kind of a an easement that was set up uh back in the day when that was more of a seaw wall than a beach and um for people to traverse that

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seaw wall and get out to the beach. >> I got you. >> Thank you. Yes, ma'am. >> Thanks. >> Didn't click for me, but now it does. Thanks. >> You're welcome. >> Anything else? >> That's it, >> John. >> Um my question is about the dune management as well. um it would be upon

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the homeowners association to maintain the dune. Is that mean that there will not be any plantings out there or that would be the discretion. Um my uh advice to them is all uh beach activities would need to go through the Florida

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Department of Environmental Protection and they lose the privileges of the dune management plan. So, they would need state permitting and town permitting uh for activities out there. Uh I'm not sure if they're pursuing the weight mitigation wall as a supplement or or

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what's happening there, but um >> so they have been made aware of that that it does become their responsibility. Chad was very adamant about that. >> Is that documented that it is their responsibility, Nancy? So that is clear.

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>> I believe it is documented. Um I know it is through easements or or through uh emails. Um I can double check your document. >> It's I mean it is their it is their property out to the mean high water line there. So

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>> yeah, in in essence it is. >> John, anything else? >> No, I mean it's their property choice. >> All right. Thanks, Chad. >> You're welcome. Is there >> It is in paragraph three.

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>> Yeah. >> Thank you, Nancy. >> Maintenance of the Dune area. >> All right. Is there a motion subject to the legal signoff to approve the termination of the easement? >> So, moved.

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>> I got a motion by councelor King. I'll second. Any further discussion? >> Councelor King I. >> I'm an I. Scott. >> Hi. >> Rebecca >> I. >> And John. >> I. Motion carries unanimously.

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Brings us to our next item which is D. This is a resolute. This is for resolution 26-074 renewal of submerged land lease BO360344775 at the moundhouse. This is a resolution of the town council of the town of Fort Myers Beach, Florida, approving and

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authorizing the mayor to execute a renewal for the sovereignty submerged land fee weaved lease BO360344775 with the Florida Department of Environmental Protection to provide for the use and enjoyment of the observation/fishing pier located at the

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moundhouse and providing for an effective date. Chad, you again or will. So either one this the town of Fort Myers Beach has maintained submerged land lease with the Florida Department of Environmental Protection for the moundhouse since 2010 for the

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observation deck and the fishing pier. This renewal will have a we'll change that expiration date to February 2nd, 2030. Anything to add to that, Chad? >> I can read in the the use of the property in accordance with the lease if you like. >> Sure, please. Okay. So, the the lease is

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hereby authorized to operate a two slip commercial decking docking facility and observation/fishing pier to be used exclusively for the mooring of recreational vessels, tour vessels and kayaks and fishing and passive recreational activities at the

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observation pier in conjunction with an upland cultural and environmental learning center and museum with without fueling facilities without a sewage pumpout and without liabs as defined. in paragraph 25

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of this lease as shown and conditioned in attachment A and the state of Florida Department of Environmental Protection Con consolidated environmental resource permit number 36-143580-00004 dated February 2nd 2010 and permit

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extension number 36-143580-006 7 dated November 19th, 2014 incorporated here in a maid part of this lease by reference all of the foregoing subject to the remaining conditions of this lease. So two docking two slip commercial

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docking facility uh long and short. >> Very good. >> And yeah, so we we need this because it's submerged state lands. Um any waters that were navigable at the time of statehood are are are submerged state lands. So, >> and they are chomping at the bit to get this back.

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>> Sorry. >> And they appear to be chomping at the bit to get this back. >> Yes, they're they're eager for us to finish this. But >> councelor McLean, any questions? >> Um, my question is, is there anything in this that would restrict the moundhouse

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being a potential stop on a water taxi/ ferry? It says mooring of recreational vehicles or vessels. Sorry. Tour vessels and >> kayak. >> This would be commercial, right? That's >> tour vessels. I guess it would be commercial. >> True. >> We could we could get clarification, but

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I my bet would be it would not restrict that. >> Yeah. I just would I would hope that we wouldn't do something that might restrict access to the mouth as being one of those stops. I think that would be a great place for uh for our

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residents as well as our visitors to be able to enjoy the facilities. Another access point. >> Yeah, this isn't necessarily a change to anything. It's just a renewal. So, um but we can get clarification on that for you. >> I appreciate it. Thank you. >> Yes, sir. >> Dr. Link,

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>> just that I think this is uh something we all want to support. Gets us where everyone's talking about. Scott, >> yeah, have some trepidation about the gambling vessels, but when I read further, it's probably a good thing we don't have gambling vessels there.

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>> Speak for yourself, >> John. >> I had a bet you'd say that. >> I appreciate the fee waved, and that's all I have to add. >> Thanks, Chad. >> You're welcome. >> All right. Is there a motion to approve resolution 26-074

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for the renewal of the submerged land lease BO360344775 for the moundhouse. >> Mr. Mayor, as the liaison for Cellcap, I'd like to make a motion to approve this. >> Very good. A motion by councelor Mlan. >> I'll second. >> Seconded by councelor Link. Any further

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discussion? Councelor Mlan. >> I. >> Councelor Link. >> I. >> Vice Mayor Sadford. >> Hi. >> Councelor King. >> Hi. >> And I'm an I as well. That motion carries unanimously. Next is resolution 26-077 RFQ-22-25-

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A ongoing miscellaneous services Kimley Horn Associates Inc. This is a resolution of the town council of the town of Fort Myers Beach, Florida, approving and authorizing the town manager to execute an amend amendment to extend the professional services agreement between the town and Kimley

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Horn Associates, Inc. under RFQ-22-25- A ongoing miscellaneous services for an additional year and providing for an effective date. Will. Yes, sir. So, Kimley Horn provides uh numerous services for us along engineering uh and so forth. This would be renewal one of

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two uh in the uh in the contract recommend approval. Uh any further questions about what Kimley Horn has provided for us and can provide? Frankie can uh can add to that if if you have any questions for him. John, you have any questions? >> Just what I I didn't see the cost

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associated with this. I guess I missed that. >> There's no cost per se. It's just a contract renewal. >> But we paying them something. >> Sorry. >> We are paying them something. >> We are. So they they've done the vulnerability analysis and adaptation plan for us which we we paid for. So

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this is just a renewal of the continuing services should we need them for future work. So this isn't >> we have no cost associated. >> We pay by we pay by task order by >> by task order. Okay. And that comes out of the general fund. >> Depending on the task, it could be grant

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funding. Um, it just depends on what we need to do and and the avenue for funding. >> Thank you. >> You're welcome, >> Scott. >> Yeah, that was my question again. >> I bet you were going to say that. >> Yeah. >> We also have um Diego here from Kinley

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Horn just to uh if y'all have any questions or forum. >> Rebecca, >> no. No, no issues. >> Doc, Mr. McLean, >> uh, are there any specific projects that have been identified or is this

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primarily ensuring that there is a mechanism by which to contract with them should we need them? >> Um, nothing identified for the future. Uh, like I said, they did the vulnerability analysis and adaptation plan. uh did a great job uh with that

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and um that study is going to give us uh the ability to seek future grant funding um and just want to keep them on board uh should we need them for projects in the future. >> Appreciate it. Thank you. >> Could some of this funding going forward be used in the CDBGR funding that we got

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approved for planning? No. Shaking. Okay. I didn't think so, but I just wanted clarification. All right. Thanks, Chad. >> Welcome. Is there a motion for resolution 26-077 RFQ-22-25- A for ongoing miscellaneous services

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services for Kimley Horn Associates Inc.? >> I'll go ahead and move that. Mayor, >> got a motion by councelor King. >> I'll second. >> Seconded by Vice Mayor Safford. Any further discussion? >> Councelor King. >> I. >> Vice Mayor Safford. Hi. >> Councelor Link. >> I. >> Councelor Mlan. Hi. >> And I'm an I as well. That motion

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carries unanimously. >> Next is item F. This is resolution 26-079 for STA4 RFQ-24-06- A for CEC construction services bid monitoring for 2026 beach trail or beach

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truck hall. This is a resolution of the town council of the town of Fort Myers Beach, Florida, approving and authorizing the town manager to execute supplemental task agreement number four of the contract RFQ-24-06- A between the town and Coastal Engineering Consultants, Inc. for

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construction phase services and shorebird monitoring associated with the town of Fort Myers Beach central segment dune repair and scour fill beach sand truck hall project for a cost of $61,711 and providing for an effective date.

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>> I will Chad can speak to the details as a subject matter expert here of what the work actually will be. >> Yes. So this is uh Michael Poff and his team of uh coastal uh engineering consultants will be providing construction phase services as well as

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shore shore bird monitoring for our truck haul project um that is uh later on this agenda for award. >> Councelor King question. >> Funding comes out of the state money. we have the county money and

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>> uh so this one is all on the previously unengineered beach and will qualify for the FDIM um funding that is no match from us or TDC. So it's um it's a great deal and we

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have plenty of funding left in there. Correct, Mr. Joe? >> That's correct. >> All right. >> I always like it when Joe nods yes. >> Even better when he smiles and he says yes. smiles. It says yes. Yeah, >> it's in there. >> Thank you, >> Scott. >> I'm good. Thank you. >> Rebecca, >> I'm good.

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>> John, >> I'm good. Thank you. >> Thanks, Chad. >> Welcome. >> Is there a motion to approve resolution 26-079 STA number 4 RFQ-24-06- A for CEC construction services bird

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monitoring 2026 beach truck hall. >> So moved. >> Say that 10 times fast. Got a motion by councelor Kang. >> I'll second. Go ahead. Councelor Link, >> I'll second. >> All right. Uh, any further discussion? Councelor King. >> Hi. >> Uh, Councelor Link. >> I. >> Councelor Mlan.

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>> Hi. >> Vice Mayor Safford. Hi. >> And I'm an I as well. That brings us to item G. This is resolution 26-075 for additional funding for RFP-26-01-PW for Tidewater Landscaping, Inc. Will.

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So, in in coordination with some road work we have going down just down the road here on the island. This is we we need to increase uh some of the money allocated to cover some of the necessary landscaping um work that we have to do after the road crews are finished with their work. And Jeff can speak to the

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details of where that work might be. Joe to uh financial details, but I I recommend support of this. >> Okay. Good morning. >> Good morning. Jeff Hogy, community services director, town of Fort Myers Beach. Yeah. Yeah. So, this is just uh we had done a we went out for bid for a

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landscaping for uh utility repair. Um you know, when we go in and do something, we kind of tear up a little bit of the the residents area. Maybe it's sod, maybe it's rock. Um so, this is actually going to replace that after we do our work. So, we

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already kind of went through our our initial 75,000 which we needed additional money because we're having all these repairs still done with um either water meters or swailes. So, this we just need to increase it um uh to get us through probably till the end of the

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year. >> Jeff, more damage is happening. Is that is that because the contractors are being less careful and will this funding be supplemented by their contract or will this be something that the town just has to eat? No, this will be on this is on top of that. So when we have

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to go in and do something with their swailes, this isn't like a tier one project. Okay. >> Um this is us if we have to change a meter and we have to get down, you know, we we disturb some area. So we have to replace it as is or as as it was. So this is money that goes towards that.

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>> Councelor McLean questions? >> No, I don't. Councelor Blink. Uh, no questions. But I do want to say that I met some of the Tidewater people, a few of them different occasions. Very professional group and uh are very conscientious of interacting with

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neighbors, residents. Thank you, >> Scott. >> Joe, everything okay moneywise? >> I beat you to the question. >> Getting up. >> You're welcome. >> More than >> Joe, finance director. Um yes, this would be paid for from either the storm

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water fund or the water fund depending on what type of work was involved. Um there is budget in the water fund and there there's plenty of um fund balance in the storm water fund to cover any expenditures and I believe the amount that they're asking for was a specific

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budgeted amount for the for the year in the water fund. So, it's just to make sure that they're not necessarily planning on using every penny of it, but it's just allowing up to that budget to >> that was two 215,000 just for the record. >> Yes. >> Okay. Thank you, sir.

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>> You're welcome. >> Counc >> took care of my question. Thank you. >> All right. Thanks, Jeff. >> Thank you. >> Is there a motion to approve resolution 26-075 for additional funding for RFP-26-01-PW for Tidewater Landscaping, Inc.? Mayor, I'll move that one forward.

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>> Got a motion by councelor Link. >> I'll second it. >> Seconded by councelor Mlan. Any further discussion? >> Councelor Link. >> I. >> Councelor Mlan. >> Hi. >> Councelor King. >> I. >> Vice Mayor Safford. I >> And I'm an I as well. That motion carries unanimously. Next is resolution 26-078

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for ITV-26-05-EN for Dune Repair and Scour Fill Truck Hall Project. This is a resolution of the town council of the town of Fort Myers Beach, Florida to award ITB-26-05-EN to EarthTech Enterprises, Inc. as a

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lowest responsive and responsible bidder to complete the Astero Island Dune Repair and Scowl Truck Hall project authorizing the town manager to execute an agreement between the town of Fort Myers Beach and the EarthTech Enterprises, Inc. subject to legal review and expanded budgeting budgeted

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funds on behalf of the town providing for an effective date. Chad, >> go ahead, Chad. Thank you. >> Thank you. Chad shoots, environmental manager. No worries. >> Um, so yes, this is uh kind of the final chapter of our beach reourishment

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project. We um got knocked back with Helena Milton and it destroyed uh uh our our dunes that we had just gotten uh done with uh from the Ian um from the emergency BM. Sorry. Uh so

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after Ian we were able or sorry after Helena Milton we were able to rebuild some dunes. Um uh we intentionally did that outside of our permitted project area because that overwash sand didn't have um strings attached to it where we

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could use it. So we wanted to to make sure that we could get BMS built back in the unpermitted areas um following Helina Milton. And this will uh fill in the gap so to speak um in the permitted

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area um and bring that bring that dune feature back up to uh around 6 ft. You can see in the crosssections uh that should be in the packet. Um uh there are uh some spots where you know that that 6 ft barely gets up to the

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seaw wall. Uh there's other spots where the beach is around say 3 3 and 1/2 ft and that might be a a 3-ft hump. Um that will be seawward of the existing dune plantings. Uh we also

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have some um areas where the previous contractor uh did not bring the beach up to uh the elevation the the the design elevation. Um that's over at Bay View. um

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uh is one noticeable area that will be bringing that elevation up to the permitted design um beach and uh another area along the 5,000 block and uh add some uh some elevation uh in the area

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where uh it's kind of like where the pipe was at and it just was left lowlying and we have a bit of a deep dip in the beach there. So, uh, I'm sure the residents and visitors there will appreciate the increase in elevation. Um there, you know, there'll also be an

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opportunity um should the Upland uh beachfront property owners would like, they can uh enter into the memorandum of agreement process that we've done and add uh vegetation to uh this uh newly

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constructed um dune feature uh with uh you know additional plantings that will um it will uh um stabilize that that dune feature and give them increased uh resilience against future storms.

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>> Chad, where were we going to be accessing the beach to dump the sand? >> Uh we have two spots in the contract. Um that's Newton Park uh along Strand View as well as uh Dakota Access. Uh there's also a clause in the contract for the

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the contractor can um enter into agreements with private property owners and stage from there. >> And have we sent out notices to these two access areas to let them know that this is coming potentially? We Strand View area, we know that there's some

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very vocal residents there that anytime a truck goes by, we usually get an email. Yes, I can reach out to those vocal residents and and let them know. >> All right, officer Mlan, questions. >> Uh, how long do you think this activity

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is going to take? >> Uh, 30 calendar days is in the contract plus I think 5 days for substantial completion. So, 35 calendar days. >> And I saw some it appeared that some of the days had passed already. I wasn't sure if there was an issue with the

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scheduling or or I think there's a requirement that it be done before turtle season starts which is right around the corner. >> So we were um we're able to uh um contract with turtle time and they will be providing uh sea turtle monitoring

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services similar to >> um has done previous projects. Yeah. It's all under the same permit, same process. >> Okay. um same authorization from FWC. It's already stipulated in by FT and our our permit. >> I have no further questions, but I'd

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like to commend you personally and your team for this entire project. So, thank you. >> Thank you. Thank you. Much appreciated. >> Councelor Link, >> no questions. Chad, >> Scott, >> do we are we still using leftover sand from that we got from the other storms

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or is this all new sand coming from the >> All new sand? I'm not sure which mine they'll be using. Um once we enter into negotiations, we'll know exactly which mine. We have uh I don't know, maybe a half dozen or so that they can choose from. Um but it'll be truck truck sand.

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>> Okay. Thank you. >> You're welcome, >> John. >> Looks like the area we're talking about is what maybe three or four blocks north of Myar Street and then ends maybe two or three blocks south of Sterling. >> Yes, sir. >> Okay. Thank you. >> Thanks, John. Chair Chad,

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>> you're welcome. I know >> what I just called you, but wasn't the worst thing. >> Thanks, Chad. All right. Is there a motion to approve resolution 26-078 for ITB-26-05-EN

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dune repair and scour field truck hall project? >> So moved. >> Motion by councelor King. >> I'll second. >> Seconded by councelor Mlan. Any further discussion? >> No. >> Councelor King. >> I. >> Councelor Mlan. >> I. >> Councelor Link. >> I. >> Vice Mayor Safford. Hi. >> And I'm an I as well. That motion

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carries unanimously. Next is final public comment. You want to say anything? No. All right. We'll close final public comment. Town manager items. >> Thank you, Mr. Mayor. Just a couple of things. Uh first, uh I'd like to commend

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uh town clerk's office and and HR for uh the idea that uh in partnership in recognition of Earth Day, the town will host uh we'll be hosting an employees beach cleanup on May 26th. Uh starting at Bay Oaks, uh this initiative reflects our ongoing commitment to environmental

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stewardship, coastal preservation, and employee engagement in supporting the community we all serve. Again, Tuesday, May 6th, uh starting at 7 a.m. at Bay Oaks Concession Building and going from there where needed. And next, uh, in consultation with the

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the town attorney, uh, we have some decisions for June meetings, some changes to June meetings. Uh, June 1st will be regular town council. June 3rd will be a special town council meeting for uh, London Bay. June 4th uh, will be

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the normally scheduled M&P. June 15th will be the normally scheduled town council and June 29th will be another special town council meeting for a similar purpose. >> That's all I have. Standing by for questions. >> Uh Mr. Mlan, any questions for Will.

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>> Uh no Rebecca. >> No. >> Scott, >> you said Tuesday, May 6, but Cinco de Mayo is on Tuesday. I know this >> said June. >> Oh, June 6th. >> May 26. >> Sorry. May 26th was our beach cleanup,

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but uh I said June 1st. I'll repeat. June 1st normally scheduled town council June. >> No, no, no. On the cleanup. >> On the cleanup. >> No, the beach cleanup. >> That's Tuesday. >> May 26. >> Tuesday, May 26. >> Great. Thank you. >> You're safe to see.

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>> Will, just for clarity, would you give us these dates again for town council meetings? >> Yes, council. >> Starting with June. >> June 1st, regularly scheduled town council. June 3rd, special town council. June 4th, regularly scheduled M&P, June 15th, regularly scheduled town council,

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and June 29th, a special town council meeting. >> So, the only changes you've made are Wednesday the 3rd and Monday the 29th. >> That is correct. >> Thank you, >> John. Any questions? >> Nothing on what he covered, but I do

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have a question of something that's been brought up before. What's uh the status of uh turning the former town hall parking lot or into a parking lot? >> So, the town staff has been working diligently on on that and uh what we

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will we will be bringing forward once all um the uh prep work is ready. We'll be bringing forward for council decision uh a recommendation for uh exception for parking and uh some other required uh approvals as far as to make sure that we

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follow the right development processes as far as lighting and uh um easements not easements but uh uh drainage and so forth that was brought up at the last council meeting. So that package will be complete here in the coming weeks and we'll be bringing it forward during one of the pre uh scheduled meetings ahead.

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>> Thank you. >> Thank you. Now you're stealing my question. The only the only it's more of a comment or more a comment than a question. Maybe it's both. But regarding the special meetings, >> I'm not opposed to having special

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meetings and meet whenever we have to. I just want to be reassured that because we're making concessions for special meetings at the request of applicants that it's not going to put I mean there's always usually we have a July break and it's more for staff than it is for anything. I just want to make sure

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that we're not rushing things at the behest of a request of an applicant and therefore something potentially gets missed because we are rushing things for a specific application versus doing what we would normally do and if it means having meetings in July then we have meetings in July. I just want to if you

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if staff feels comfortable that we can achieve the same level of uh attent that we would you know if it was further out than bringing it forward then then I'm okay with it. But I just want to I don't want this to become a habit, I guess, is where where I'm going with it, where we're making concessions for those that

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come in and make a decision, and therefore now we're putting undue stress on staff to try to meet deadlines um that aren't our own causing. >> Thank you, Mr. Mayor. I think I can somewhat speak for community development because we've been in consultation on

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this and the planners that they feel comfortable that they can meet these these dates. And I'll let Nancy further elaborate. >> Yes. Um so as we go through the process in any one of these meetings um if staff uh requests some additional time that

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could be done during the public hearing and a continuence could be asked for requested and you all would have the opportunity to grant or deny that request. >> Okay. I just wanted clarification that everybody I didn't want anybody to be rushed because they felt they had to be rushed,

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>> which >> I'll make sure they are all the way. >> I I know that I'm not too worried about that, but All right, that's uh town attorney items. >> No items today. >> All right, council member items and report. Council King, >> uh offer my congratulations to the Anchor Advisory Committee on their

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successful cruisers appreciation day. It was a beautiful day. The wind did help. Um, thanks for all the staff and their hard work and for their attendance as well. Also want to thank the Laguna Shores Homeowners Association uh for

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inviting me to their recent meeting. Uh, gave me an opportunity to talk talk about the town and answer questions and uh see old friends and meet new friends. So, thank you, >> Scott. Uh, just a little housekeeping. on June 15th. I would like to request

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that uh I am remote on that day. I'm going to be out of town. >> Do we need a motion for that? >> We should actually make the motion at at that meeting. Um but thank you for letting everyone know. Um because who

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knows, others may may also need to be remote and we may not have a quorum. Okay, that's that's uh other all I'm good on all those June dates except for the 15th, but I I have the time to and the ability to do uh Zoom.

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>> Okay. >> Okay, Rebecca. >> Um well, two things. One, I want to uh on a positive note, I want to say that the Fort Myers Beach Community Foundation had such a wonderful casino

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night event. It was a ton of fun. They raised $20,000 and uh Margarita once that once again did a wonderful job of hosting them. So, thank you for that, ladies and gentlemen. Um and then my the second one is I have a little heartburn

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as well um making exceptions to our to our meetings and our schedules. Um I'm also afraid that we would set a precedent. U so I just needed to state that for the record as well. feels a little bit uh a little bit out

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of the ordinary. >> That's it. >> Couch McLean. >> Uh I'd just like to state that I'm available. I would like staff not to feel constrained by our July date if it is to their benefit. Not

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I just want to make that point. Um, I'm happy to attend any meeting that needs to be attended to and I I I hope that it's not because there are no scheduled council meetings in July that you would

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move this forward. I put that to your discretion, but I hope that that's not the driving force for it. Um, I also want to say the cruisers was a wonderful event. It was really well attended. We had great community involvement. Uh, I think um Chris's

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thoughts about moving it forward. Some of those ideas just show the continuing involvement of that event. Um, it was, you know, it just continues to get better and better. So, I really thank that entire committee for what they did

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and the logistics and working with the town and everything the town did for that. It was uh it was really well done. Um, and then the only other thing I'd say is I have a request that we still have uh openings on AAC as well as CellCap. So,

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I'd like to get those uh noticed. That's it for me. Thank you. >> Thank you, sir. The only thing I've got is just an update. I had a conversation this last week with Commissioner MCA about the base of the bridge with the golf cartike parking area we've been talking about. Um, they are their staff

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is looking at funding sources. it still has to go before the commission to be voted on. So that trying to put the cart before the horse, but that's kind of the stage of where they're at. So it is still progressing to look at funding options before they'll bring it to the commission for approval or denial. Um

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they do have a month-to-month contract with the contractor that's going to be working on one of the golf side businesses there. So as soon as we have more information, either Will or myself will update everybody on that. That's all I've got. >> Mayor, may I ask a question if you don't

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mind? So, um, adding bike racks and golf carts to the that area at the base of the bridge. Um, my question would be how might that impact the traffic studies that were done previous? Because now we would be introducing a whole group of

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vehicles, whether they be bikes or golf carts in and out of an area that may not have been a part of the equation when the design I just raise it for consideration. >> Yeah. I mean, I guess I >> safety. >> Yeah. I don't know that I can answer that question completely, but my mind

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would tell me that whether it's a car or a golf cart, if somebody was going to be parking there, it would still be a vehicle, >> right? >> I I don't know that would have a significant impact because there would be no changes really to the and what was talked about in the design. Again, they haven't come out with anything finalized, but it would be an entrance

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and an exit off of Fifth, which is already there. >> Okay. >> So, it wouldn't be really changing anything. I think the only change to it would be um they're talking potentially of adding the outreach center, the LCSO outreach center into that location as well. Um but other than that, I don't

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know that there would be a huge impact as far as traffic. >> Is that because cars were going to already be able to come and go from that area? That was planned. >> No, originally that was planned to be just a storage area for the trams was my understanding. And when we had a conversation with Commissioner Mleca, you know, we thought that with with the

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addition of, you know, the parks that the countyy's doing down there, the roundabout that's going to be beautifully landscaped would be a better use of of that property and and they were very receptive to it. But again, they have to >> find funding sources through whether it's TDC funding, TDT, whatever. They've got to find that be able to bring it to

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the commission for for vote before they can really make any final decisions. And that would be the commission's uh determination to make sure they're not undoing some benefit that we got by having this oval roundabout configuration that we don't undo some of

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the benefits we're starting to see. >> Yeah. That I mean just a little history on it that that land was given through the TPI process for Margaritavville to the town which then turned it over to the county to be able to make that roundabout area happen. So all that ended up going into that. Um there was really no that I remember there was no

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discussion as to what that could be used for. Um just had a meeting with a couple business owners that were in that area and it just literally popped into our head while we were talking to the commissioner about it. This might be a good area for you. We've always had an issue with people that want to come by bike or want to come by other sorts of

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we have no place really in the Times Square area for people to lock their bikes up, right? You know, and they were tying them to the base of the bridge and there's no watering stations there. There's no shade there. So it just seemed like a good place for it. And as I said, the county so far has been on board with having the discussion and ultimately it'll be up to the

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commissioners to decide. But >> it sounds like a wonderful idea. I just want to make sure we don't have any unintended consequences. >> No, I don't think so. I think you've noticed they've put up I think it's completed now the uh the shade structure for the bus stop is right out front of that area now is done. So >> you're starting to see the improvements come in with the except with with the

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addition of you know the Crescent Park being done. So I think it'll be nice when it's all said and done. >> Thank you. Thank you for that clarification. Um, this question for Amy. Um, on our town calendar, there's there's a town council meeting on July 6th and 20th. Is was that a placeholder or is that a mistake?

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>> It was probably a mistake. It's a reoccurring event every month that just didn't get taken off for July. >> All right. Thank you. I don't remember. Have we When is the last time we had a July off? Is it I don't know. >> I haven't had one since I've been here, so I don't know.

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>> Yeah. All right. That's all I have. John. Well, I was originally going to say I have nothing, but uh then I'm reminded of the motor words sung by Billy Preston. And with apologies to the fifth beetle, nothing from nothing leaves nothing. You got to have something. And with that, I'll move to adjourn.

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>> All right. Any objection? We are adjourned at 10:37.