hopefully we don't Good morning everyone We're going to call the meeting to order Today is Monday April 7th 202025 It is 9:00 a.m All council members are present including town manager town attorney and town clerk If you please rise for the invocation followed by the pledge of allegiance
We are thankful for this day that you have given us for its blessings its opportunities its challenges May we appreciate and use each day that is given to us We pray for strength and guidance for each day as it comes For each day's duties and for each day's difficulties may we be challenged to
give our best always and may we be assured of your presence with us Amen Amen Algiance to the flag of the United States of America and to the republic for which it stands One nation under God
indivisible with liberty and justice for all Next is the approval of the final agenda We have uh one change I believe it's item C under public hearings the bicycle safety ordinance We'll have to open and
continue that to date certain Yes If I may um mayor um just to let everyone know the reason we would like this to be continued to um we will be asking for the June 7th date um is just to allow staff additional time to work with the
county uh to um to coordinate the best as possible Okay Thank you Nancy Any other changes to the agenda Is there a motion to approve the final agenda So move Second Motion by councelor King second by councelor
Stafford Any any more discussion All those in favor signify by saying I I opposed Hearing none Motion carries I just realized what I did It's okay Not to throw a football man
Next is public comment Yep I have a few signed up already Um up at first is Thomas Brady Following Mr Brady will be Ed RDE Before you start just just to let everyone know if you're here to speak uh public comment for one of the public
hearings and you want it to be part of the record save your comment for the public uh comment version or portion of that hearing So go ahead Tom I'm Tom Brady I'm a resident and I'm also president of Protect FMB Um I'm
here today because obviously we strongly oppose the Seagate development agreement and I want to discuss how our concerns have been handled Hey Thomas Some of you some of you who voted in favor said you can't discuss this issue
due due to pending legal matters But at the same time you suggested that those opposed are just a small vocal group implying that we're the problem That narrative is dismissive It discredits residents who are simply standing up for their own The disruption didn't come
from you It came from those that voted to approve this project Let me be clear this is not a small group We've raised over $70,000 in two months and have hundreds of supporters most giving under $500 This is not a fringe movement and no
we're not anti-development We support reasonable thoughtful development on Fort Meers Beach This project has permanent consequences One single widow we represent lives directly across from the proposed site Her window will face a
255 ft tall building just set back 10 feet from Daener Boulevard She doesn't have a means to fight this We're fighting for her Same goes for longtime resident Mike Begnesi who raised his family here We were misled about view
corridor We've contacted two fellows from the American Institute of Certified Planners who will challenge Seagate's claims on this issue We're we support public benefit but we want it defined and we want public input We were promised input through sharetses and
that has never happened Let's have those public meetings Let's define public benefit I'll organize that What feedback did we get from the library No one voted for tall buildings We still have time to get this right Why take testimony from non-residents about density in Red
Coconut when we have locals who work there every single day that will deny what was said from the from the previous owner's comments Some will argue that Sega will bring in property taxes Well recent proposals by the state say
property taxes may go away That's not a reason to do it The decision was denied by the LPA It was a split vote there And now a new town manager will inherit this Let's give them a chance to review it As Fran Meyer said and it's on YouTube to NBC and I
quote "Oh we won't see Giant Towers." No you will not see Giant Towers here Thank you Um next up is Ed RDE Following Mr RDE is Philip Miglorati Good morning everyone I hope everyone's
doing well this morning Um I've been keeping up somewhat with the Protect uh FNB movement myself And while I do agree with some of their concerns I've noticed something that I believe is is a pretty serious issue and I I'd like to bring it
to the council's attention for your consideration Uh the town has an appointee on the LPA board Anita Sarasita who appears to also be a very active member of the protect FMB movement By active member I mean someone who who
is actually recruiting additional members and asking for donations to support the protect FMB mission which includes hiring a legal firm to sue the very town that she that has appointed her to her position on the
LPA It appears from the information I have that she also has donated money to the protect FMB causes I don't know about the legalities of her monetary support for protect FMB but I think that everyone would agree that it
would be considered unethical a conflict of interest and problematic legally for the in the future for the town since she serves on the LPA board I would ask council to temporarily relieve Anita of her position on the LPA
board While the council and the town attorney consider the legal ramifications from all the directions I'm guessing that since Anita supports Protect FnB that she also shares the same bias towards the Arches
Seagate and the other three proposed projects that are actually listed on the Protect FnB website At tomorrow's LPA meeting it would stand a reason that Anita could not be impartial or
objective regarding the Arches project presentation Therefore she should not have the opportunity to voice her opinion or be able to vote tomorrow on the Arch's proposal The council has every right to temporarily suspend an appointed board
member that they have appointed or to remove them permanently if they deem necessary It should be obvious even to the casual observer that Anita puts the town and its taxpaying residents at risk for expensive legal
challenges from from developers It cannot be beneficial to have an avid supporter for protect FMB on the LPA board Her actions are unprecedented a huge conflict of interest and unhealthy for the reconstruction of the town I'm
asking the council to consider this information today and to take some preemptive action before the LPA meeting tomorrow concerning the decision of the arches the town council can then have time to discuss this with the town attorney and a determination can be made
for the future Thank you Thank you Philip Miglarati and following uh Philip is Paula Ker Good morning Philip Miglarati 100 Tarpon Road Fort Myers Beach I'm here to talk about 8211
u Boulevard Uh once again uh over we've we've moved forward it seems uh in a pretty good fashion Uh talking to Mr Croesk this morning I'm going to check There you go Um he was kind telling me
that uh uh and and there were a flurry of emails over the weekend So I appreciate everybody that took the time to write them I know that uh Mr appropriate Uh Frankie Frankie you had it once And I got a bad name too So I'm
I'm sorry Frankie join a club Sent some emails out Um but the owner has also responded again with some more of his respectfully I'll say his I like the word poppycck Um he's trying to buy more
time buy more time again And I hope we won't fall into that that pit again and allow him just an un unending permit process here for the uh demolition If you're going to allow him to handle it great But um we need an end
to it here not just 6 months So or 30 days or whatever it is If the town can do it in 50 15 days I've checked with some demolition companies They're hungry for work They'll be they'll be there in a few days to get it done if he has a permit in hand So I appreciate
everyone's help Happy Monday Goodbye Thank you Paula Ker And that's all I have signed up after Miss Ker Good morning everyone I share the same concerns as Mr Root and
that's why I'm here today Good morning Mayor Vice Mayor Council and Staff Paula Kiker 6035 Astera Boulevard I'm here today to state my opinion on a matter that I learned about over the weekend It has come to my
attention that Miss Sarasa has not only donated to the Protect FnB organization but is actively lobbying for others to donate on social media And my comments today are for any member on the LPA who
has also donated if any Florida Statute 112 discusses the code of ethics for advisory boards Are her actions unethical Only you or those who serve on LPA who have made a donation
must judge that for themselves I have been around politics long enough to know I would have answered yes to that question You as our elected officials hold yourself to a higher standard As members of the LPA they should follow
that same standard that same code of ethics that same code of conduct Miss Sarasa as I mentioned in my email to all of you yesterday I praised her for her work on the island her dedication now in the past and I am most certain in the
future She is known as our matriarch to our island a voice of reason and has earned the public trust as an appointed member of LPA by you the town council and an influencer by her role especially as chairperson Her
actions will cost the island It will cause more conflict between homeowners It will cause financial harm to our town both monetarily and in time And we all know time is money What impact will her actions going
forward have on the future developments coming before the LPA when she is part of a suit against her own municipality Will anyone coming before LPA feel they will have a fair process If you believe in something then by gosh fight for it till the end but do
not serve on an advisory committee that makes recommendations to you our elected officials Do not discuss a project in the public eye vote on that project and when a decision goes a different way lobby against it and sue the very entity
that you are working for Will there be any other lawsuits because of decisions going their way In this speaker's opinion it's just wrong in so many ways Ordinance 2-96 allows you by the state statute
states that any member of an agency a board committee or commission serving at the pleasure of the town council may be removed by the town council with or without cause I urge the town council to look into this issue today as there are
more important meetings tomorrow And one more thing I just want to say thank you for all your dedication and to Mr Hiatt unamounting gratitude for everything you've done for our town Thank you so much Thanks Paul That's all I have signed up Is there anyone else that
would like to speak to public comment All right seeing none we'll close public comment Uh local achievements and recognition Yazo Oh there he is looking back there He snuck up Thomas Yazo operations compliance
manager Fort Myers Beach Today we are recognizing some of our rangers uh and code officers who participated in a rescue on the beach on the 18th of March Uh one of our rangers uh Tui was on
regular patrol came across a gentleman who had just collapsed on the beach Uh she immediately engaged with the family started CPR on the subject called out over radio gave a transmission Move up a little bit The microphone gave a transmission that there was a subject
out on the beach and she was starting CPR She initiated CPR was calling out for people to call 911 at the same time Base called 911 for her and the rangers started to come to her aid and sent to that space So today we'd like to recognize all the hard work that went
into that Uh fire department showed up with LCSO Uh they had to uh use a defibrillator on the subject on the beach twice Brought his brought him back He ended up surviving He's now in the hospital still recovering but that man's
alive today because of our staff So I'd like to recognize them for that today Uh sadly Roxanne couldn't make it today uh she had a family emergency with her mother for a medical thing but we have the other uh rangers and code officers here today and like to recognize them for all the all the uh expertise they
put into this and the professionalism out there saving that man's life If we could we could start with Bob Monahan Ranger Monahan [Applause]
Thank you I'd just like to make a quick comment that Michael make a quick comment that this gentleman left the beach and I was right there when he left the beach and he was mumbling to the medics and he was moving and he was getting his heart rate back
and that's solely because of Roxan Tucci's initial actions to jump right in at the onset and start the CPR So without a doubt in my mind that man wouldn't have walked off that beach if Roxan was not there and did what she did She deserves all this credit Thank you
[Applause] Next we'd like to recognize uh code officer Tim Hoffman who was also on the scene As always all of our team worked together in this but Tim Hoffman was the first one uh to get out there and start
talking to witnesses start getting names and engaging with everything as uh Ranger Monahan was assisting with the CPR process and making sure the medical personnel got where they needed to go And lastly uh Ranger Mayhan Mike Mayan please
[Applause] and Ranger Mayhan was on the street at the time making sure that the FD could get over with the ambulance and such shut down traffic on a stero right at the intersection which we know is no small move to get that shut down so we get everybody in that space So to all of
our staff we want to thank everyone Thank you Seriously great job You guys [Laughter] two [Applause] [Music]
guys mean step foot there verbally abused Yeah whatever All set All right Next we've got advisory committee items reports and appointments I don't believe we have anyone here Okay Next is the approval of
the minutes We have the management planning session from March 13 2025 and the town council meeting from March 17 2025 Is there a motion to approve the minutes Moved Second Motion by councelor King seconded by councelor
Safford Any further discussion All those in favor signify by saying I I Opposed Hearing None That motion carries unanimously Next is our consent agenda We have one two three four five items all related to hurricane
state of emergencies Is there a motion to approve the consent agenda So moved Motion by councelor Woodson Second Seconded by councelor King Any further discussion All those in favor signify by saying I I Opposed Hearing none That carries unanimously There are no items
removed from the consent agenda Next is our public hearings The next two item the next two Do I need to say two Not The next two items on our agenda are public hearings for review of various land use requests for the benefit of the public Please be
aware that these items are quasi judicial in nature Our attorney will further explain Thank you mayor Um so your first item is an amendment I believe to uh an existing I'm sorry um it's a CPD and um
the second item is also CPD which are resoning um matters So resonings are quasi judicial in nature and this requires that both of these public hearings comply with procedural requirements that have been established
in Florida law and in our land development code Quasi judicial proceedings are less formal than proceedings before circuit court but they are more formal than the remainder of our meeting And we will be following basic standards of due process that
requires certain notices the application of the correct standards and decisions your decisions made on competent and substantial evidence presented to you in either written documents or through oral testimony Your job is to evaluate the
testimony and the information for both of these items and draw a conclusion regarding whether the criteria in the land development code or state law has been satisfied So pure speculation or opinion that is not based on competent
facts cannot legally be considered by you in evaluating an agenda item Testimony by professionals who have been qualified as experts qualified by you in a particular uh area has been considered
to be competent evidence by Florida courts as well as testimony by neighbors and residents who have factbased information such as minutes surveys engineering reports etc or if their testimony is based on their personal uh
knowledge and belief Your decision is final If a decision of approval is not obtained or if a vote tie vote results from a motion to approve or a motion to deny then the matter being considered is denied unless
the majority of you that are present in voting agree by a motion before the next agenda item is called to take some other action in lie of a denial Such other action may be moved or seconded by any member regardless of their prior vote on
the on the uh motion So if you decide to deny an application or request the reason for the denial should be stated in your motion Denial of a quasi judicial matter must not be based on a determination of public support or
opposition to an application Rather the reason for the denial the excuse me the reason for the denial also cannot be arbitrary discriminatory or unreasonable Instead it should be based on a lack of competent and substantial evidence in
support of the required criteria So if there is a denial of an application or the request is denial with prejudice the request is a denial with prejudice unless the council states otherwise
What is the difference If an application is denied with prejudice no similar application for a reasonzoning uh covering the same property shall be resubmitted or initiated for a period of 12 months from the date of the denial
However if the denial of the application is um with prejudice it would not prevent an application for a different reasoning which in the opinion of staff is substantially different
On the other hand if the council's denial is without prejudice then the applicant may make modifications to the original application and submit the modified application to the town council for reconsideration or submit an application for other action by the
town's consideration without having to wait that 12-month period Any resubmitted application shall clearly state the modifications which have been made to the original request So those of you that are present if you do intend to speak please keep my
comments in mind When you come forward please state your name clearly for the record whether or not you have been sworn in and your qualifications or your interests in the matter So for purposes of efficiency um before we begin these public hearings we'd like to go ahead
and uh dispose of a few housekeeping matters I first would like to ask the town clerk have the two agenda items been properly advertised pursuant to our land development code Uh yes they have been At this time I need to ask council
if any of you have a conflict of interest under chapter 112 of Florida statutes um that would prevent you from participating um in this in the two agenda items that you have before you today Councelor
Safford I do not Councelor Woodson I do not I do not as well Vice Mayor do not Councelor Kane none Okay So at this time um I would ask if there is anyone who is present today and would like to speak and provide testimony during these quasi
judicial hearings for both cases If you would please rise and raise your right hand and our town clerk will swear you in Do you swear or affirm that the testimony that you are about to give is the truth the whole truth and nothing but the truth Okay All parties have been
sworn Okay This is the second reading in public hearing of an ordinance entitled an ordinance of the town council of the town of Fort Myers Beach Florida approving approving with conditions or denying an agreement to the commercially planned development CPD zoning
previously approved by resolution 07-28 for parcels located at 2500 and 25 Tennis Boulevard generally identified as strap numbers 1 19-46-24-W3-0120.0100 010 0 0 1 9-46-24-W3-01302.0000
0000 to add parcels uh 215 EO Boulevard and 2 2543 Cottage Avenue generally identified as strap numbers 1 19-46-24-W3-01301.000000 and 1 N-46-24-W3-120A.013A 013A in Fort Myers Beach providing for
other clarifications as necessary providing for conflicts of law Scrier's error severability and providing for an effective date If any town council members had any exparte communication to disclose please let us know the subject discussed and the identity of the person group or entity with whom the
communication took place any correspondence that received or observations made of the site Councelor King uh just some emails since the last hearing Commissioner since the last hearing I've had additional emails and uh conversations with the remmonstrators
as well as the applicant I also since the last meeting have had emails um from the public as well as the applicant I too have had the same since the last meeting Emails from public and conversations with the applicant I've
received emails as well and a phone call from Mr Gallander at the neighborhood company Yeah I need to amend mine I forgot about the phone call So council members having made these disclosures are you still able to come to the hearing today um with an open mind
willing to listen to the testimony evaluate the evidence based on um our code Cape Yes Vice Mayor Yes Yes Yes Safford Yes We have uh present the attorney for the applicant If the
attorney would like to ask any questions regarding the disclosure this would be an appropriate time Okay All right Judith Franco has been qualified as an expert already by this town council based on her education and experience Has been accepted as an
expert in the field of land use planning and development in the town of Fort Myers Beach Are there any other individuals who would like to be qualified as an expert witness on behalf of the applicant at this time that weren't already before None Has the property owner been
given a copy of the agenda backup materials from staff Yes Yes Okay Go ahead Judith Good morning Judith Frankle Uh community development Um the application here
before you is presented by the neighborhood company on behalf of the property owner Empire Holding Corp They are requesting to expand the CPD boundaries as approved by resolution 0728 The existing CPD consists of a 0.52
acre parcel at 2500 and 2510 EO Boulevard uh with a maximum of 23,067 square ft of uh buildable area Um they are requesting the addition of two
abuing parcels 2518 ERO and 2543 Cottage Avenue into this CPD Um the site was not developed um after the approval of that original resolution Um and these two lots were
purchased by the property owner uh after that CBD was uh approved by the town Um those two lots previously contained single family homes but were destroyed by Hurricane Ian The proposed new boundaries um that would include these
two parcels would bring the uh boundary area to a total of 69 acres Um this ordinance is necessary to enable the applicant to develop the site as one entity Uh as a reminder the LPA at the LPA meeting on January 9th the LPA voted
unanimously to recommend approval of this request uh at the town council hearing on March 3rd The town council voted unanimously to move this request to a second hearing There haven't been any changes to this ordinance since that time Um the applicant is here in case
you have any questions and then I'll be back to go over the criteria for approval Okay And councelor King any questions for Judith before she None currently Vice Mayor just for those watching Judith would you just take it up 10,000 feet so people don't get confused about the two
separate issues before us and just sort of explain to the public the difference between the first item and the second item Sure So the first portion that we're talking about now increases the size of the commercial plan development boundary area So right now there is
approved um uh zoning regulation for two parcels This would add two additional parcels into that boundary area increasing the size um as I said to 69 acres What we're going to hear after
this has to do with the uses um that will be allowed on that property So the two parts is size we're talking about now and then second we're going to talk about what they'll be allowed to do on that lot Thank you Council Woodson I'm good at this point Council Ser I have
nothing at this time Thanks Jude Okay mayor I do have a question Um I do know on the second item uh regarding the mobile vendor park um there was a request for intervenor status I don't know if that request also is applicable to this hearing Um the attorney for the
um interveners in the other case is present Hi there For the record Katie Berkkey I'm a land use and zoning attorney and certified land planner at Becker and Polycoff representing Pelican Watch Tom and Deb Danford and Ed French who were owners adjacent to the ex the
proposed expanded CBD boundary before you in this item and also the expansion of the permitted uses under the second item Our request for intervenor status was for both applications But in the interest of time our substantive remarks are more so on the change of use I know
um the agenda has item one and item two I didn't know if in the interest of time it made sense to substantively hear the second item on the expansion of uses since that's the bulk of our concern So So are you asking for intervenor status Yes Correct On the first item
which is adding the two additional parcels Correct And I believe we were recognized in both proceedings at first reading as interveners Yes Okay So I would ask councel is there any objection to allowing them to continue as uh
interveners in this case Council K No objection Vice Mayor No objection Council I have none Sephford No So I'll make a motion to do I have to give her her name Is it Katie But I didn't catch the the last part Uh Miss Berky Miss Berky Okay I'll make a motion to accept
Miss Berky or grant Miss Berky intervenor status for this hearing and for the following hearing Okay Any further discussion All those in favor signify by saying I I Opposed Hearing none The motion carries Thank you So council before we get into the meat of
the discussion um as interveners could you go ahead and um set what the ground rules would be Yeah I believe last time it was five minutes Five minutes I think we keep the same ground rules that we had at the first hearing If there's no objection to from the uh applicants Oh
this is gone getting your steps in Sorry Uh for the record again Katie Berky um we would respectfully request 35 minutes collectively which is what we were granted last time but we don't have our experts with us today so I suspect it'll
go faster than that How many people do you have that are going to come up It'll be uh Randy Bryce who's the president of Pelican Watch on Zoom We have myself Ed French Deb uh Danford and that's it for us collectively So 35
between us but I suspect we'll be faster What do you think Councelor King You have any I'm still trying to do the math That's 20 be 20 people if we did five minutes versus the 30 minutes that was But you had more speakers at and I need to submit a couple things into the record and part part of my time was
carved out for the agreved party status So if that's been settled that'll save me some time too And again our substantive remarks are more so on the second item So I imagine that 35 minutes being more so applicable to the second item versus the boundary but the intrusion presented by those uses with
the boundary expansion is problematic for us as well So I'm confused So for this particular agenda item how much time are you asking for Because they're offering you five five minutes right for that's what it was at the last hearing
Yes Yeah So you need 35 minutes for each of the each of these items Uh probably under five minutes for us on this item and then 35 on the bulk for the expansion of the uses versus the footprint the second item So 20 minutes on this 20 minutes on this one 35 on the
next one I I don't have an issue with that Councelor Safford that's fine Woodson I'm fine with that Thanks Mayor No objection Councelor King I'm good Thank you Okay Thank you Come on up Thank you Mr Mayor Good morning For the record no Davies with the law firm of
Davies Duke On behalf of the applicant with respect to this first item which again relates only to the proposed expansion of the boundary of the existing CPD uh we don't have anything further to add from first reading Uh we'd respectfully
ask that the record from first reading be incorporated into today's second reading Um I'm here for questions The team's here for questions My clients are here for questions but we don't have anything further to add today Mr Mayor Okay Thank you Any questions for all
Councelor King None Vice Mayor None Councelor Woodson None Sav not at this time Thank you sir Thank you Miss She sat back down Miss Berkeley could you hear me Would you like to come up and start
your presentation or someone else from your group I'm happy to start first Thank you Again for the record Katie Berkkey land use attorney and certified land planner at Becker and police Pull the mic down just a little bit
And I have been sworn in And again for the record I represent Pel and Watch Condo Association immediately adjacent to the project boundary on the east side as well as Thomas and Deborah Danford who are managing members
of Coastal Cottages LLC who are about 31 ft from the southern project boundary across Cottage and Edwin French Um and I apologize the Danford's address is 2520 and 2522 Cottage A And I also represent
Ed French owner of 2548 and 2550 Cottage A again about 31 ft from the project boundary across Cottage And for all the reasons that you've heard already at first reading and from the prior testimony from our experts uh Max Fori certified planner
Mosen Cle transportation planner and Matt Simmons an appraiser and property valuation expert Um the intrusion of this expanded commercial use is problematic encroaching into long-standing uh existing residential projects and will have a significant impact in
conjunction with the second item that we'll expand upon under the second item Um and so we appreciate your consideration but for all those reasons before you in terms of substantial competent evidence we ask that you deny the expansion
Alternatively pause taking action on this item to hear the substantive comments on the second item Is that a question for us Just alternate scenarios either deny or hold discussion for the more substantive remarks on the
expanded uses under the second item Okay All right And let's see Ed did you want to come up on the boundary to speak Morning everybody Good to see everybody Um Ed French 2548 and 2550 Cottage
Avenue Uh just want to put my two cents in that uh I'm not interested in seeing any more uh commercial in my neighborhood It will cause foot traffic and other problems but uh I know you'll do your best to help
guard our neighborhood Thank you Thanks Who else Coming back up And I believe we can turn it to Randy who's on Zoom the president of Pelican Watch Have any comments on this I'd like to
speak to point two when we get to it but I think they're they're uh very intertwined Um and I think the Can you guys hear me Okay Yes Go ahead Randy Yeah So first of all uh I I'll say most
of this for point two but I would like to say or Randy Bryce I'm the an owner at Pelican Watch and the current HOA president I would like to say thank you to both town staff town attorney and uh and council for letting me uh dial in
remote My wife is starting uh chemo today day one of chemo and um I'm trying to juggle this and and her stay at the hospital today So I appreciate being able to dial in Uh the the one thing about the I I think that's interesting
about the the point one on this is that the it really squeezes uh the other two properties that are adjacent So there I don't know if the Olacllands or or the other party are there but it there's highly detrimental
effect to them which probably reduces their homeowner value which makes them more likely to sell which makes those lots even more amendable for future purchase by the applicant which it's a it's a huge squeeze on on those other two homes Uh and and thus then that land
can also be purchased and and and put into this context also So it's it's a it's a it's a it's an interesting road we're going down here with this reszoning because of the uh the possible impact on those other two homes and thus the expansion of this property even
further down the road So one decision today will likely lead to others down the road and then that becomes even more intrusive to Pelican Watch and the Frenches and the Danfords who are immediately adjacent to that entire property line That's that's my uh comment on the
uh on point one Thank you Thank you Randy Thank you again for the record Katie Berkkey on behalf of Ed French Pelican Watch and the Danfords Um I also want to submit into the record this is for
agenda items one and two And the first item is my resume just so you have some background more so on my planning experience as a certified planner The second item is a supplemental letter from Matt Simmons dated April 4th And this just
underscores that for both um the first item before you on the boundary and the second item on the expansion of the uses that really conditions of approval don't from a value impact standpoint have a material effect just given the nature of
an open air food truck park this close to long-standing residential uses However he notes um while the proposed conditions we're putting before you on item two do not fully mitigate the factors that will cause negative value influences the conditions proposed at least provide a chance of mitigating
those impacts So that's his April 4th letter Also is an updated report from Matt Simmons His original report is in the agenda packet before you today um dated January 31st The only edit is the specific reference to the Danford
property and them by name Otherwise all the conclusions and findings are the same And a supplemental letter from Mosen Cle as well emphasizing the need for a traffic impact statement um versus
just a trip generation study Again for the second item but because they're running together I want to get these in the record for both items just give them to Amy and she'll make sure and that's it from me Thank you
Thank you Do you have anyone else That's it from the intervener group There may be other individual unit owners who wish to speak though You heard the timer for that Yes No Do you want to say anything Rebuttal We'll open it up for public comment
Oh you're Oh come on up Well is that is the timer out for the interviewer Five each Five each Okay Come on up Hi I'm David Tezag Good morning Morning First of all uh this is just regarding the spot zoning Is that my understanding
Katie's Was he on the list No Are you represented by Miss Berkkey I'm represented by myself Okay Yes So um just for the record purposes of the record um can you state your uh why you
believe you're an intervenor Okay Um and let council then make a determination if you are The difference is really going to be you could speak for five minutes or three minutes Well let me ask you this What is the definition of an intervenor An individual who has a an interest in
the party in in the u matter at hand above and beyond that of any other member of the public Okay Well that's me Um I own uh 50 Chapel Street which is at the end of Chapel It's a landlocked piece of property Okay And the only
access is one way in and one way out I also own a party to the right to 440 Cottage Street Okay This spot zoning here first of all is is illegal Hold on Hold on Yeah So
you want us to take a vote to Yes Just for the record purposes of the record And I also understand um you didn't get to get sworn in I did I did the last time I was at the last hearing Okay Well I can do it again There you go Go ahead
Okay Do you swear affirm that the testimony that you're about to give is the truth the whole truth and nothing but the truth I do Question the parliamentary inquiry uh madam town attorney So I have no problem giving him intervenor status but we have
a formal intervenor group represented by council and they were this gentleman was not on their list Is he coming in as a separate intervenor then That is my understanding Yes he's representing himself as he's testified Very good All right Thank you Councelor King you have
any issues with giving Mr Tezac intervenor status None None Mr Saffron None All right I will make a motion to grant Mr Tezac his five minutes of intervenor status for this hearing Second Motion to second Any
further discussion All those in favor signify by saying I Opposed Take it away Mr Ch Okay Thank you Thank you all Um did you all get my letters I sent you I emailed you a copy of of my legal
theories on it and also on my u um public hearing statement Did you all receive those I received your emails Yes Yes All of you did Yeah I responded to it too Okay You did Scott You did respond to it I responded as well You did Well you responded back to him Yes I
did receive that Um first and foremost the ordinance constitutes unlawful spot zoning The town attorney may offer a contrary opinion but the facts in the Florida case law do not support it
The proposed resoning would single out two small residential parcels and combine them with a previously undeveloped lot to create to create a highintensity commercial use in the middle of a low impact mixeduse area
As I stated in the last time this is the second oldest residential neighborhood on Fort Myers Beach That's the textbook definition of spot zoning as described in Bird Kindle versus Metro Date County and other cases
which I had listed and I sent you all those The proposed use of food truck with alcohol live amplified music commercial restrooms directly counterdicts the town comprehensive plans And I stated the
policies You're taking a subdivision that was 20 acres and you're putting a postage size half acre and you're putting the most extreme use I mean if you take if you if you if
you do the research and now I'm an expert I've been in real estate since I was 18 I've been a licensed broker for 18 years I've been in real estate my whole life and and I'm active now And I can tell you for a fact that that would
depreciate all the values of those properties this trailer truck trash park whatever you want to call it But this is a commercial parking lot and and I have a I have a private road that goes down to my two parcels and the national
transportation study says we're going to end up with about 900 people a day Now this proposal has it to where there's a public bathroom servicing the people on the beach You're going to have 900 people walking between my property Now I lived there for 35
years and I can tell you with certainty I've got over 200 calls in to the sheriff's department for complaints I'll bring those into you I probably have called the the uh beach patrol almost on
a daily event from all the illegal parking that goes on I have to kick out people every day out of my driveway that want to park and unload and load there This will exacerbate that a
hundfold So I think you need to consider the people who have lived a long time that have been residents a long time My family has paid probably over close to a half a million in property taxes And this is not what we're looking
for So I'm asking you not to approve this It is way beyond way beyond anything that should go there And I can assure you this will be a lawsuit of epic epic proportions Thank you
No more Thank you Mr Mayor Again council for the record N Davies on behalf of the applicant you have ample substantial competent evidence in your record from first reading with respect to this item Um applicant relies upon
that addresses and counters testimony that you've heard from interveners Um we do meet your criteria for amending the CPD to expand the boundary and we and we do that in accordance with the governing legal standards Uh with that I have
nothing further Mr Mayor but I'm happy to answer questions as is my client and its team Counc Staff do you have any questions for N I have a question for our attorney but not for you at this time May I ask No Yes And I asked this
in the in the first hearing your legal opinion is the spot zoning So spot zoning um a case was cited is basically very fact specific Um the facts in the case that was cited probably I I did not
pull that case Um I just found out about this last night um are most likely different So if this were to go to court based on um an allegation of spot zoning they will look the court would look at the totality of
the facts that are present Um and in in my opinion looking at all the facts doesn't appear to be spot zoning Mr Day not spot zoning That's that's a different situation We meet we meet your
criteria Um to your town attorney's point um those are very specific facts that have to be analyzed in each case and in each application and put up against the criteria of the town Um and that's
that's not the circumstances here This is not a spot zoning request Anything else No that that was the same question I was going to have So I'm good No None Thanks
Anyone else with your team want to say something Ken you sure Okay Thank you All right We'll now open it up for public comment Is there any members of the public that wish to come comment on this matter If so please come forward to
the podium and identify yourself provide your address and whether you were sworn in like to speak I have Susan Bunfigley and following Miss Bunfigley would beat Ed French Good morning I'm Susan Vonigley I live at 24 34 Cottage Avenue My husband and I
are full-time residents I wasn't actually going to speak on this issue but points did come up And I don't know if you take a single residential property on Cottage Avenue and apply the CPD process to it and all of a sudden it's commercial If that's not spot zoning I don't know what is But
effectively by moving it into this larger parcel you are taking one of my residential neighborhood properties which formerly had a home and would still have a home had Ian not knocked it down and you're changing its use And
you're expanding And I I uh the idea of bringing and expanding the commercial entities around my residential neighborhood does not soothe me Thank you Thank you Hold on
You're good Okay Okay Uh Sandy Spitzer and that's all I have signed up after Miss Spitzer Good morning For the record Sandy Spitzer my husband and I I am sworn in My husband and I have been owners in
Pelican Watch for 44 years Ladies and gentlemen you've had a long day You've had meetings You're looking forward to getting home putting your feet up getting a glass of wine It's
quiet But wait you cannot do that any longer There's a food truck parked 10 ft from your property Okay so now you have people you have noise you have smells you have
generators Okay it's the end of the week now You're looking forward to the weekend You think "Okay Saturday I'll get up be nice and quiet maybe get some things done in the yard throughout the day At the end of the day it'll be quiet
nice breeze cold drink." But wait you can't do that anymore You have a food truck parked 10 ft from your property And this is 7 days a week
365 days a year starting early morning going into the evening So much for your sanctuary You have people parking on your property They want to just run in get some food run back out They're going
to just park on your property They're not going to use the pro the parking area that's supposed to be designated So gone is your sanctuary You can no longer put your feet up It's you no
longer have quiet Thank you Thank you Sandy That's all I have signed up Dave come on Reply back to what the attorney said Just come on up Got wait till you get to the microphone All right Yeah I just want to reply back to what the attorney said First of all state
your name for us again David Uh David Tzac Uh the town attorney publicly stated belief that the resoning proposal does not constitute spot zoning and suggested it would prevail in court Such an opinion requires clear grounding in Florida
law As residents directly impacted by this resoning we firmly believe her assessment warrants reconsideration as a resoning proposal aligns closely with Florida's established criteria for unlawful spot zoning According to the city of
Jacksonville Beach versus Marisol Land Development by the first DCA in 1998 unlawful spot zoning occurs when a zoning change confers special benefits to a single property owner That's the
case here Introduces incompatible uses to the area We don't even have an ordinance for it That's against Florida statute You got to have an ordinance for it So that
doesn't come in compliance Is inconsistent with comprehensive planning and provides no substantial public benefit So there's your criteria for spot zoning If that's not exactly spot zoning you need to get a new attorney
because I'll see you in court over it Careful Is there anyone else that would like to speak in public comment I have not been sworn in Come on up We'll get you sworn in I'm kind of taking this over My family
My name is Sally Goldberg Okay Yes ma'am Let's get in Let's get you sworn in first Um do you swear to affirm to that the testimony that you're about to give is the truth the whole truth and nothing but the truth Yes I do Um again my name is Sally Goldberg and we are on what was
60 Chapel Street and then it was reszoned Um and we found all this out after Hurricane Ian took everything um that it's now 2518 Cottage Avenue And if anyone knows Chapel and Cottage right there on the corner my um family has
owned that for almost 60 years And I um am got put into the situation just within the weekend because of some health issues with our family Excuse me So um this is all new to me other than I did hear that they were going to put um
commercial use right in 10 steps from our property that we've owned And I just can't imagine that there any good conscious of anybody on this board would be okay with that kind of zoning So I just wanted to let you know that 2518
Cottage or 60 Chapel Street whatever you want to call it will be um on the side of the legal rights for the residents in that neighborhood who have lived there for 60 40 20 years And thank you for your time Thank you
Anyone else would like to speak Public comment Right Seeing none we'll close public comment Any uh additional comments questions rebuttal from the applicant One quick comment for the record Mr Mayor
um at first reading you heard plenty of testimony um that confirmed specifically from experts both from the town and from the applicant that the subject request is consistent with your comprehensive plan that it meets your regulations in the
land development code Um and that testimony which goes to the legal standard of confidence substantial evidence for the request overcomes any allegation of spot zoning And with that I'm happy to answer any other final
questions Thank you Scott questions No I am confused um by what Miss Goldberg said How does 60 Chapel Street now become 2518 Cottage I'm not sure I don't I don't I don't think that's a question for me or
related to the subject request Okay Okay I think that I expect some addressing issue under vice mayor No counc Thanks Thank you All right I will now close the public hearing and request discussion Mayor um I think staff did staff have any
comments on this comments or any questions for Judah coming up Um I'm prepared to go over the the findings and conclusions Let's do Yeah we got to do that Okay Um
okay Uh we're going to go over land development code sections 34-85B 34-85 C and 34-2162 Okay So starting off with 3485B considerations In reaching its decision the town council shall consider the
following whenever applicable Uh where there exists an error or ambiguity which must be corrected We do not believe errors or ambiguities exist in this case Whether there exists change or change in conditions which make approval of the request appropriate Um the purchase of
the two adjacent properties initiated the request for the expanded boundary the impact of a proposed change on the intent of this chapter Staff finds that no impact on the intent of this chapter will occur although the LPA or town council may desire to consider
additional regulation to govern this use in the future Four the testimony of any applicant Five the recommendation of staff in the local planning agency Six the testimony of the subject of the public Seven whether the request is consistent with the goals objectives
policies and intent and whether the densities intensities and general uses as set forth in the Fort Myers Beach uh comprehensive plan Um the expanded boundary is consistent with the town of Fort Myers Beach comprehensive plan This
is in the Boulevard future land use um area Uh both properties that you're considering here are contained within that um section of the future land use plan whether the request meets or exceeds all performance and locationational standards set forth for
the proposed use Um the proposed development which you're going to hear about in a moment will be required to meet all performance standards as set forth in the land development code Whether urban services are or will be available and adequate to serve a proposed land use change Staff finds the
urban services exist in this location whether the request will protect conserve or preserve environmentally critical areas and natural resources Staff finds the request will have no impact on designated environmentally critical areas and natural resources The
request does not include any revision to the environmentally critical areas whether the request will be compatible with existing or planned uses and not cause damage hazard nuisance and other to or other detriment to persons or property uh staff finds that the expanded boundary is
compatible whether the location of the request places an undue burden upon existing transportation or other services and facilities and will be served by streets with the capacity to carry traffic generated by the development Um staff finds location is
compatible And then for planned redevelopment zonings we move on to 34216 for additional considerations Um and we'll get there in a moment Um Land Development Code section 34-85C Before granting any resoning the town council shall find the requested
zoning district complies with one the Fort Myers Beach Comprehensive Plan Staff finds that the proposed use and requested um deviations for the CPD which you're going to hear again in a moment will comply with the comprehensive plan Two this chapter
staff finds the proposed uses comply with this chapter three any other applicable town ordinances or codes Uh staff finds the proposed request complies with town ordinances and codes And then for plan development resonings um section
34-216 land development code section 34-216B2 the recommendation made to the town council must be supported by the guidelines set forth in 3485 which you just heard In addition the findings must address whether the following criteria
can be satisfied A the proposed use or mix of uses is appropriate at the subject location Staff finding the proposed uses are not being altered under this ordinance Um as we said in the beginning we're going to cover uses in the second ordinances This is just about the boundaries So at this moment
the uses remain the same B Sufficient safeguards to the public interest are provided by the recommended special conditions to the concept plan or by other applicable regulations Um we believe sufficient safeguards are provided for the public interest through required buffering of the property
boundaries Uh C All recommended special conditions are reasonably related to the impacts on the public interest created by or expected from the proposed development Uh no special conditions are requested as part of uh this application for this ordinance Uh the proposed use
meets all specific requirements of the comprehensive plan that are relevant to the requested plan development such as the following um policies 4B4 and 4C3 which is not applicable in this case Policy 4B5 and 4C3 on commercial
resonings Uh it's not applicable in this case Um and the other policies here enlisted um are found not to be applicable specifically because we're not talking about a change of use at this time We'll get to that in a minute Um policy
7J2 on traffic impact analysis and potential design improvements that could offset traffic impacts Uh we do not anticipate adverse traffic impacts by the addition of these two properties into the CBD um zoning area Um with all
of that staff finds that the CPD amendment meets the criteria set forth in sections 34-85B and C and 34-2162 of the land development code And staff recommends approval of DCI2024137.1
It's a lot Scott you got any questions for Judith Uh not at this time I'm good Vice Mayor Judith just to confirm what was the LPA vote on this particular provision and this ordinance The LPA voted unanimously to approve
Thank you recommend approval She covered my questions in her uh presentation May I ask um just for clarification purposes Judith um this is simply adding additional land to the existing zoning
Could you state in the record what the existing zoning allows the existing CPD for the other two No the existing So the existing CPD which is 07 um 28 it um the approval came with
a master concept plan and a schedule of uses for that property Um with the addition of these the two additional properties that master concept plan would no longer be valid Um even if they wanted to use those same approved uses they would still have to come back to
you for a new master concept plan Um that proposal at that time was for um building that could be used for office or retail Multiple retail um uh entities would have been allowed in this building
along with um three um apartments dwellings condos um units as well and some parking that would go along that fronting Eststero Boulevard So the 2500 um and 25 tester boulevards were already
um uh allowed to have uh commercial uses on them Restaurant was not included in that proposal You going to list all of the No I I thank you Okay The uh only question I have maybe this
is a question for you Um I know why these have to be together in the way that they are Does it make more sense to hear the other hearing before voting on this one So that was a question that I think has been discussed with the applicant
um do they want to go ahead and um change the zoning on these two additional parcels and then whatever decision occurs on the subsequent one um it it doesn't matter at that point because they will have changed the
zoning on um those two parcels So do you have a preference Do you um I don't necessarily have a preference I was just asking if it made sense legally or I thought that and I don't know um Mr Davies if you want to speak on behalf of your client I mean do
do they have a preference as far as moving forward with the approval of the addition of the two additional parcels Um or would they prefer to wait and then see what happens later We're fine with whatever however you all want to handle it procedurally I know we went
back and forth on this at first reading and then LPA because it is a little confusing as far as I mean we filed an application to expand boundary and amend the uses and I know historically as far as the procedures on this item as it
went through the process Um your town attorney recommended bifurcating those out into two different ordinances We're fine with that That's what we've done to to date Right So if you I think you've heard evidence and public comment on the
first item and I'll leave it with your discretion and the you know the will of the council as to whether you want to take a vote now or or later Yeah The only reason I bring it up is you know this probably is it going to be the only scenario where we're going through the same situation and just trying to make
sure that we're going to be consistent with the way that we do it And the way I look at it is does it make sense to we don't know all the details yet of of the reason of the second hearing Right Things may change Correct But let let's just for assuming that the second
hearing is heard and let's say that that use is denied They would still go forward with having a reszoning of those two additional parcels to the prior uses that were adopted in 2007 And I and I I get that but I guess in
what I'm trying and I don't have a preference necessarily either way as long as we're doing it consistently If nobody else has an issue with moving this one first and then the other one I just didn't know if it potentially could change the thought process through the second public hearing as to what your
thought process might be on this We haven't you haven't given us a proposal yet for the second one So and I know that we've had this discussion before You're changing a land use without knowing all the details doesn't mean you can't do it or ask for it You could ask for anything afterwards but at this
point um those two additional parcels would be subject to the restrictions that were approved in uh resolution 07-28 Um however they would before they began they would have to come back and amend the concept plan for that parcel So they
they are getting something by separating them out Yeah So basically just so maybe people out that are watching understand essentially what they're doing is if this gets approved we'll be allowing them to expand the uses based on 0728
Correct The conditions that were already set within that The next hearing could potentially change that Correct Okay Just wanted to make sure I understood it so everybody else understood it Understood No preference on our end Whatever you guys want to do Mr Mayor can I take a step back for a second Certainly Um I apologize Um glancing at
the staff report it says approval with conditions Judith And I didn't hear any conditions I guess So is that not valid then or there are no conditions or So I'm not sure in the current version we're recommending approval I don't have
any conditions Doesn't say my version Are you on page 148 I'm just looking at this staff report Yeah it's on line sense staff report expanded boundaries CPD amendment
okay on the cover sheet so we are not recommending any conditions okay thank you that's just what I want to be clear without recommending any conditions what I said before so say this was approved and the other portion was not approved they would still have to come back to you for a new master concept plan
thank you all right so this was just a scrier error Yeah Such a fancy look at you It's a substantive scrier's error It's on page 145 Yeah
that's what you were referring to John Yes sir Thank you Oh I'm sorry You're referring to her staff Yes Yeah Yeah It's not an ordinance All right There's nothing else I will now close the public hearing and request a discussion or a motion from town
council to approve approve with conditions or deny with reasons or a continuence to a time certain Discussion John I've got nothing at this time I was going to discuss Jim but he's back in the room now I wish I could blame it
on coffee but I have to attribute it to age culture separate No I I just want to make a comment that I'm glad we're we're separating these and keeping them separate but that we should also be consistent in how we go forward with these kind of
things too I think so to do the parcels or whatever the reasoning first and then the project Vice Mayor nothing All right I'll entertain a motion Where's the thing here approval
approval with conditions or denying with reasons or a continuence to a time certain I guess my discussion with this is is just that you know hurricane Ian was was horrible for all of us and you know it's
changed some things and and u you know those houses those houses were there my mindset would be probably a little bit different than it is today Uh but those houses are not there and the uncertainty of what is going to go there We got to look at what we have in front of us Our
town staff we go by what our town staff recommends Our town attorney and all the the information we hear from both sides Um so I'm going to support this request today based on the recommendation from staff LPA uh and all the experts that were here today So with that I will make
a motion to approve ordinance 25-02 for the 2500 stereo CPD boundary expansion I'll second a motion by Mayor Aller seconded by councelor Safford Any
further discussion I'm an I Councelor Safford Hi Councelor Woodson I vice mayor Adhalt Hi Councelor King Hi That motion carries unanimously Does anyone need to take a brief 10
minutes All right We're going to take a a brief comfort break Will we come back at 10:30 Use a transfer Joe's always ready All right we're going to call the meeting back to order It is 10:30 The next agenda item is ordinance
B It is the second reading and public hearing of an ordinance entitled uh an ordinance of the town of for town council of Fort Myers Beach Florida approving with conditions the commercial plan development zoning for the property located at 2500 2510 and 2518 Boulevard
and 2543 Cottage Avenue Generally identified as strap numbers 1 N-46-24-W3-012A.0100 1 9-46-24-W3- 01302.0000 1 946-24-W3-131.000000 0000 and 1 19-46-24-W3-012A.013A in Fort Myers Beach to allow a mobile vendor food
truck park with shared parking providing for other clarifications as necessary providing for conflicts of loss scrier's errors severability and providing for an effective date If any town council members had any exparte communication to discuss please let us know the subject discussed and
the identity of the person group or entity with whom the communication took place Any correspondence that you received or observations made of the site council Woodson I'm the same and council s as well the same All right Judith Brinkl has been qualified as an expert
already by this town council and based on her education and experience has been accepted as an expert in the field of land use planning and development in the town of Fort Myers Beach Are there any other individuals who would like to be qualified as an expert witness on behalf of the applicant at this time Everybody's already been Yes Yes Um
mayor could I just briefly ask council um having made those prior disclosures um from in the prior case which are incorporated by reference into this case Um can is there anyone that could not um render a fair and impartial decision No
one has already made their mind up before coming to this hearing I haven't made my mind up yet Woodson no I have a few more questions So I have not made my mind up Nor have I Vice Mayor Nor have I Councelor Kane D So
again um asking the applicant's attorney if you want to ask any questions regarding any of the disclosures that have been made concerning exparte communications Okay Okay Has the property owner applicant seen a copy of the agenda back materials from staff They're saying yes
Okay Go ahead Judith Good afternoon again Judith Frankle Community Development Um the applicant neighborhood company on behalf of the property owners Empire Holding Corp I'm reading off the
wrong previous one um permits a maximum 1.5 F um and states that building land development code section 34-953 states that building placement size design and all other property development regulations in a CPD zoning
district shall be the same as for the CB zoning district um which permits a maximum F of one Uh the proposed redevelopment will be well below that maximum which is compliant with town regulations Um as we talked about at the last
meeting um town ordinance 96-14 allows transient merchants Transient merchants would include food trucks or any other type of retail entity operating from a a temporary or movable um situation And that ordinance
allows such operation within the town Um that specific ordinance provided guidelines for permitting of these businesses The conditions of the permitting has been preempted by um state regulation Florida state statute 509.102
um in addition to mobile food from requiring permitting in addition to mobile food dispense dispensing vehicle which is licensed under the Florida Department of Business and Professional Regulation So which is to say food trucks are permitted in zoning areas
where there is a commercial use that is compatible what is happening with it whether it's food or retail whether the where the the zoning allows for a commercial use the commercial use can be done from a transient vehicle uh or
entity we cannot permanent in terms of um health regulations health department regulations or or um general professional licensing which is done at the state and or county level Um there was some
uh confusion at the first meeting So I just want to clarify food trucks are allowed use in the town where appropriate Okay Um there are some changes with what the applicant is proposing now versus what you saw at first reading Um I expect that they are
going to walk you through that I'm going to hit on the the highlights there Um the proposed master concept plan depicts improvements to the site to provide a layout containing mobile vendor transient emergent park with outdoor seating entertainment recreation
area and a commercial parking lot Um the concept site is still designed for five improved paths with utility hookup for mobile vendors transient merchants Additionally a public comfort station and a permanent support structure with food beverage service that permanent
support structure which you'll recall from the first meeting was a topic of conversation They have increased the proposed size of that structure from 2500 square feet um and revise it to a maximum of 3,000 square feet Um my understanding is the intent of that is
to fully enclose the live music area um and to provide a better buffer using the building structure as a buffer between the uh adjacent residential um single family and multif family properties Um uh additionally in order to
accommodate that as well as to increase the buffer along the Pelican watch boundary um there is an additional deviation So there were six deviations and now you're going to see seven um which is necessary to provide that
increased buffer along Pelican watch It increases the landscape up on that side and then reduces it slightly um uh on the the um Chapel Avenue side Um so the applicant is I believe
prepared to go over that Um an additional change I wanted to draw your attention to If you recall um at the first meeting we talked about the lengthy list of conditions um for the property um with the staff report If you
look following the staff report um I don't know if you can see in color in your version um in I added the applicant proposed changes that were somewhat viewed as favorable at that meeting in blue and then the town council requested
changes in yellow So you can see um the the progression there And then if you look at the um the ordinance um so starts back page 17 Yeah So the ordinance is coming before the staff report I think in your order So if
you look at the ordinance we have an exhibit which has the conditions and what I attempted to do and hopefully is not too confusing is I provided what I did in the staff report with the the applicant changes at that meeting and then the town council changes at that
meeting and then followed it by trying an attempt to reorder them into a more cohesive way for general understanding And my suggestion is if you are to adopt the ordinance that we use that second version just because it's a little bit
clearer about what goes where Um so the first version was just kind of we added on conditions as we went and then I made an attempt to kind of recategorize them So the categories we came up with for clarity for those conditions of approval
are standard regulatory conditions So having to do with the um general regulation of the property So would have to comply with all Florida building code all FEMA regulation general zoning requirements um unless otherwise stated state and local permits have to be
applied to And those are kind of the general um conditions pretty much for for any project We're just restating them in in a clear manner um in the ordinance The second category um I call site conditions Those are things we're
going to see on the master concept plan and that the zoning reviewer is going to be able to see clearly when they're looking at the development order when it comes into staff So they'll be able to go through the site conditions list and check off Yes they have the buffers they have the hedges they have the um you
know the uh um right size the um comfort station all of those things that you would see on a site plan are listed there under site conditions The third can I just say that's on page 178 if anybody's trying to follow along
178 So then the third category I created was what I called operational conditions Um and that was some of the more uh complex discussions we had at the last meeting and that has to do with the hours of operation um the hours for the comfort station the
music restrictions um how the site is going to be managed how we're going to handle the uh code compliance um issues if that becomes um a problem and then um the traffic impact
statement which we also talked about So uh it's an attempt to clarify which I understand may provide more confusion but if you have any questions about how I've reordered that please let me know Um it's the same information It's just in a different way that I think would
make sense moving forward in the ordinance and I wanted you to see it in that order so that you could approve it that way if you choose to Third I've included the um exhibit provided by the applicant and that's 181
and that they've titled schedule of deviations and justifications So there they have their new um devation which deviation number seven and they have um done a strike through and underline on that document So you can see clearly there what is different from the last
meeting Um as I said deviation seven is to accomplish that change in buffers um to provide an additional buffer on the Pelican watch side And then following that they have their proposed conditions which are slightly
different than what staff is recommending Um and I want to just point out specifically one way in which they're different Um the staff has no problem and again this is in the the same order
that you previously saw So the first version of the conditions order without the reorganization Okay So staff has no problem with the changes to the um the landscaping buffers If that is so
desired by the town council we're happy to to move those over Um but we did not they have asked for um hours of operation to be 7:00 a.m to 1000 p.m Um staff is continuing to suggest the 900
p.m end time um for operations So there they asked for that at the previous meeting I didn't hear any um desire from the town council to make that change So I have not made that in my recommended conditions but I
wanted to point that out to you in case you are interested in in taking up that issue Um uh the other thing that was a little bit unclear in my review of this afterwards we had talked about limiting the number
of special events permits Um and you may want to think about whether that is for specific days Um in my hearing of the the meeting um Vice Mayor Adder Halt said like you know like Fourth of July specific days Do you intend that six
days of special events or six special events permits Because a special event permit can be for a farmers market that happens monthly that that kind of thing So maybe that's important maybe that's not but that's um another place where their interpretation is a little bit
different than mine Um and then in the uh discussion about the um the music the maximum they're suggesting a maximum of four days a week and six hours per day between noon and 8 There was a different discussion
happening um at the last meeting So you may want to think about those specific um conditions and whether you you know where where you agree or disagree with either staff's recommendation or the the applicant's
request Is any of that need more clarity No I think I need more clarity I I need quite a bit more clarity Judith because There you go I I'm confused on there was one of the
issues that was seemed to be one of the most sensitive issues was the amplified sound issue and we had an extensive conversation about limiting that to two days three hours per day and I don't see
it reflected in your notes at all and that was what I thought we moved to second reading Okay So there was some I I there was some discussion So following the meeting um staff met with both the
interveners and the applicants and everybody kind of heard something different at that meeting Um my notes indicated what you have said but the council didn't vote on that So you there
was a suggestion um for that and I think that that's a good place to provide more clarity here to look at that condition specifically Um so just for the record uh that was discussed at at length
during the meeting uh the the condo association to their credit made a recommendation as to what they could live with and I thought we codified that into the document So then that would then become the the point of discussion
for the second reading uh ordinance So that that that confuses me Uh and also you're right about the special events dynamic that there was initial discussion about specific holidays and I think councelor Safford wisely said let's just li limit it to a particular
number which I was fine with and I think that's reflected here that may still need some additional clarification but the the amplified music there was really there was really no confusion they they they literally read from their sort of declared statement the Pelican watch
condos said that this is what they could live with was this was their number one concern they said that they could live with amplified music for three hours on two days They didn't select which day that would be up to the applicant
and it was it was at least to me it was self-evident that that that became the working document at that point Not that doesn't mean it's not open for discussion today but that should be the sort of the premise or the foundation from which we're building from or deconstructing from however you decide
to approach it But I'm concerned about that because that was one of the reasons why I supported it to go to second reading and I thought that was pretty clear I don't blame you but because there's a lot going on there's but that was pretty clear and I don't mind you know reopening that to discussion but
that should be the foundation from where from when you from which we begin today That was the number one issue at least from what I in my interpretation and the applicant to their credit they were very candid I asked them directly about amplified music Is that central to your
business model And they were very candid They said no that's not central to our business model They would like more amplified music but they said it was not key or central to their business model And so I thought we had I don't know that they were thrilled with it Uh but I thought we had sort of a
working compromise at that point and it just it doesn't appear to be reflected So I just wanted to say that for the record I don't know We can we can resolve that here But I was kind of hoping we would have that as the foundational document That way if the if the applicant and the remmonstrators wanted to do some negotiation and do
some horse trading for other things of of greater importance or lesser importance they could have worked that out But I thought that foundationally would have been helpful for negotiating purposes But I just wanted to make sure I understood your document and I also wanted to reflect on what I thought
occurred on first first reading That's neither here nor there at this point I have a feeling we'll be discussing I think so too Yeah But I just want just for the record though it's important that that's that's where we were after first reading And it's fine to discuss
it and debate it and amend it but but foundationally that's where we were uh at least at least according to my sort of recollection if you will Okay So if you wanted to restate that at
any point we can add that as a condition There was a number of different um opinions on that So I call that out specifically I mean you're absolutely correct that that was a definitely a point of discussion at the previous meeting and that we should get to a
place where um that's resolved No I I I just wanted to make that point for just for the record Yep Thank you Okay Council Wilson questions for Judith at this time Not at this time I have my notes but not yet
I do not at this time But um Vice Mayor I I think we there was all kind of propulsions and about the time and I think we we definitely need to talk about it but I I don't my
recollection is it wasn't that strict I know it's one of what are your reasons to you know to move forward So let's Yeah I'm happy to discuss it Yeah I just I just thought that that foundationally would be where we we started from is all I'm saying We could obviously discuss it
and continue to but that that I thought was where we we would begin today But we'll work through it Thanks Jen No Thank you mayor and councel Again null
Davies on behalf of the applicant Um I think we addressed this the prior matter For the record our experts were previously accepted by you all as experts last time We'd asked be that they be accepted as such again today Um
we do appreciate all the feedback we received at first reading and also the feedback um from the neighbors uh and the public It's been I think a month since we were last here We we've worked very
hard um both attorney to attorney um and directly with the folks you heard from from at the last reading to present you something today that is an additional set of compromises that my client has
agreed to make Um our hope is that today focuses on those specifics what's new uh I don't think it's necessary legally or for any other reason to um go through everything one by one So rather the hope I think is is
is to narrow in on those specific items including to your point Mr Vice Mayor those on amplified sound We we were hopeful that we would be able to be in front of you today with with an agreement uh satisfying
opposition in full That that was our goal That was our hope and our discussions with them were were in good faith throughout Um you'll see the significance of this final round of changes that um my clients were willing to make Uh but we we cannot satisfy
every single request uh those requests seem to change and and and again Dan's here my my client representative and I can assure you that every effort was made to try to accommodate We want to be
a good neighbor We want to um continue to make tweaks that you'll hear from Mr Glander today That's that's happened since first reading No before you move on from that what in your from your perspective what was the big the big hang-ups if there I mean what would you
say the biggest hang-ups were not being able to get that unified agreement Um the specifics on the hours for the sound Okay Um I think is the primary one I know that they they they
wanted money for security gate We we for their security gate We can't agree to that Um but Ken Ken's going to walk you through okay walk you through it and we're going to try to again hit the highlights of that The PowerPoint we would would request is incorporated into the record and that has applicants
latest and greatest So with that I'm going to hand it over to Mr Gander unless there are specific questions for me Scott any questions Not at this time I'll wait and listen Vice Mayor I'll wait as well Kate nothing currently Thanks sir Thank you all very much
Morning Ken Good morning mayor vice mayor fellow council members staff For the record can I get the presentation up
please Again for the record uh I'm Ken Gander with the neighborhood company I've been sworn in and found as an expert uh and here as an agent representative for uh the applicant Uh I don't really need to go through this request What I want to do is now just as
methodically and uh casually and consistently go through what our understanding uh of what the direction was given to us uh want to update you on some of our renderings and again into
the record uh the conditions uh that we feel are applicable for at this stage First uh is the parking operations and short-term parking This was brought to our uh direction by council member
Safford Uh just to succinctly go through this parking is managed by an automated gated kiosk Once you enter the property off Chapel Street you basically arrive drive up to the gated kiosk receive your ticket and then come your parking space
As you leave drive up to the gated kiosk the exit side insure your ticket and then you would be required to pay at that required amount No different than similar to what you experience at other parking garages or uh airport uh parking
With regards specifically council member Stafford you were concerned with shortterm as that uh is an element Uh we are proposing and committed to providing free parking for that first 20 minutes So you come in Find get your ticket find
your parking space get your food and or let's say you're Uber Eats or something to that effect grab the food and then you exit Long as you're less than 20 minutes it would be free All other time frames the operator's discretion to determine those rates based on being
longer than 20 minutes hourly and daily Um that is our operations in terms of the parking Uh there is a condition 30 that says we needed to do a parking operations parking plan Uh I didn't we
didn't hear that was being needed I think what was asked of us is to outline in detail how we're going to deal with our parking especially the short term site aesthetics visual buffering This is council member King and Woodson
our previous concept uh integrated sun sails or shading elements We are bringing those back and we're committed to providing those sun shade sun sun shade sails over the outdoor seating area Uh and I will show some of those in
terms of our conceptual renderings as well Increased buffered adjacent to Pelican watch pool amenity deck Mayor Allers and Council Member Woodson And it was to for us to evaluate uh the reduction of the Chapel Street uh buffer
to increase that 7 and 1/2t wide eastern boundary buffer What we are providing now is a 12 and a half foot wide buffer adjacent to the pool watch pool amenity deck area and portion forward of our
structure towards the stair boulevard because of the existing driveway that or the drive access point there it starts to whittle down so we can't provide a full 12 12 foot buffer in that area but I can show you this on the master concept plan of Of course the Chapel
Street buffer would be reduced We're looking at a 7 to 10 foot buffer Now again we have committed to improving the rightway with landscaping with those restrictive barriers for parking So that incorporates that buffering element with
plantings Uh and this also as uh staff mentioned Judith mentioned because of this we had to propose and draft up a deviation number seven and included that into the record documents By making this adjustment uh
it eliminates actually a row of parking for vehicles Also by doing this it's enabled us to we made some adjustments of relocating two parking spaces but due to the reduction on the vehicle parking
area we're unable to at least provide some golf cart parking So that was something that we thought was beneficial It's another mode of transportation that the town is seeing being utilized So now we're able to provide that mode of transportation as uh parking within the
property As Judith mentioned in her presentation because of the widening of our site uh it enables us to take the structure the primary structure and utilize that as a structural buffer between the outdoor area the
recreational surrounded by the mobile food trucks and our structure Widen that It's approximately 500 square feet is what we're seeking uh to provide that separation between that outdoor seating area and the adjacent single family homes By relocating those two parking
spaces and some of our site we're able to move the proposed comfort station and the dumpster closures farther away from the single family homes than they were on our previous master concept plan with regard to amplified sound and I
hope this will spur the discussion a little bit further and based on our understanding about the amplified sound for live music and entertainment uh specifically identified through Vice Mayor Adhold's position Originally we
were looking at any day from noon to 8 56 hours The neighbor original request was the two days per week three hours per day hours between 2 and 8 which was six hours And that was as during the first
reading or quantifiably or objectively looking at that that's an 89% increase So what we understood in our directive was we knew that there was that level that the neighbors were asking of us and
we had a an objective for our number What is that compromise What could we come back to And that was what our understanding was is what compromise could we bring back Our understanding right now uh the current neighbor's
request is not just amplified uh live music entertainment It's all music We had put in our condition about ambient sound or ambient music They would like all music limited to two days per week three hours per day between hours and two and
eight As this project and as this petition has been going on for almost a year uh we have received additional input from the neighbors and I believe that may be a new they're offering a new
uh request but I want them to speak to that specifically Um but we are wanting to propose and we're compromising to reduce it down to four days per week six hours per day noon to 8 That would be
going down from 56 hours to 24 available hours or a reduction from original commitment around 57% Next is the limit of special events uh before we had no prior commitment Uh the neighbor request was to permit no
special requests or special events The number that we were at uh that we are proposing is limit special events to six per calendar year This is to look back I'm sure it's etched in your uh in your brain This is
our March 3rd master concept plan This is our was the fifth version of our master concept plan evolution Now we are moving towards what we will walk I'll walk you through is the sixth version So you can see everything has
shifted over a little bit between these two So again along the Chapel Street is we've added the deviation seven which allows us to have that reduction in that buffer and being able to shift things over Again that buffer is incorporating
our commitment to do the on street or within the rightway landscaping and a five-ft buffer uh within the property Moving interior you can see to the the two mobile vending pads Uh that's where
the golf cart parking is Also along a sterile boulevard we've incorporated and are wanting to propose additional bicycle parking pads or nodes along a sterile boulevard because we know that that is an
elementary to promote So why not provide the infrastructure there Again in the within the middle of the mobile vending park is our outdoor seating and recreation area
That larger gray area is our proposed structure Again yes we've asked for 500 square feet of additional area Again that is a not necessarily a footprint That's the area where we would want to put the building once it's fully
designed Again this is a concept plan for us You can see uh along the southern row of parking just to the north of that where we've relocated the comfort station the two gray rectangles and the
dumpster enclosure added those two parking spaces to provide that separation It's enabled us to actually provide just a little bit more green space and open space between that area and those single family homes This gives you a couple color
representation of the green space and the perimeter open space that we're proposing with this project Again you can see the portion adjacent to the Pelican watch pool and amenity area that is that 12 and a half foot wide
buffering Again they have a required to have a fence along their property in terms of having that pool Um we do not feel it's necessary to provide another fence because that would be that no man's land issue that we've
discussed before And again that buffering along north of the proposed primary structure would be reduced to around 10 feet at its minimum Again that's adjacent to their existing landscaping area These next set of slides are our
updated renderings This gives you that site plan view Uh Sterile Boulevard is to the south Chapel Street Cottage Avenue to the north I'll just walk through these I don't want to kind of belabor some of these
images Be happy to go back to them This is just an angled view from the stereo Can the 500 ft is it just extending the building out to the west Yes exactly Yes it is going towards the parking area from Astero Boulevard Chapel
Street Uh our concept is when we're committed to as I walk through our conditions of the enhanced landscaping element uh within the buffers Chapel Street View Again Chapel Street we've committed to providing those restrictive
barriers through the permitting process with the town It will incorporate the appropriate landscaping types not impeding vision triangles and providing for enhanced trees This is
uh cottage looking more north Looking down cottage corner again incorporating restricted barriers committed to providing the no parking signage in accordance with town
regulations installing signage within the ride ofway Again this buffer uh shows that commitment of providing that restricted fencing between the parking area so people aren't able to move through that area without restrictive and have to go
through the appropriate infrastructure sidewalks etc They just can't walk through the landscaping to get down to the southern portion Just another view from uh above the structure This is the existing access point That is where
those ballards would be removable for the vendors to come and go as necessary at those restricted times that we established in our commitment Again portion of the structure on the this far side would be the royal scoop
effort having the restaurant and within there's the beverage service and again the commitment to have the live entertainment music within that structure in that corner You can see one of the representations of the
sun sun shade sails This is the view from the parking lot looking towards uh the improvements Again we put a lot of effort into redesigning the structure to be more
complimentary to the neighborhood and the structures that are surrounding us Comfort station fully enclosed appropriately designed dumpster enclosure Of course uh just for
transparency purposes with the size of the building increasing by 500 square f feet it changes our required number of parking spaces We've lost some parking spaces So our total required at this point in time is 36 We're providing 39
now Plus we just want to recognize the four golf cart spaces there as well So these are We have submitted these to staff uh and hoping they would be incorporated I
believe they're in the record and again per this presentation uh these are our uh current proposed conditions and commitments The first one is an effort simply to be consistent
with what has been proposed throughout the original development reszoning of identifying the commitments for the buffering And this is a language added that states along the portion of the sterile boulevard minimum 10 foot
wide buffer minimum of 10 trees per 100 linear feet which is more than what the code requires three-foot high planted hedge staggered row and just acknowledging the commitment or the ability for us to provide those bicycle
racks within that buffer area for B along Chapel street going from the 10 to the 5 foot wide buffer We originally proposed only four trees per 100 feet We're raising
that to 10 trees per 100 ft and a three- foot high hedge planted in double staggered road along the east property line Bose park structure This is uh the element of the
buffering between us and Pelican watch Uh a minimum 10 foot wide from Eststero Boulevard to the structure Uh and from the proposed structure ab budding the neighborhood pool that would be increased to 12 1/2 ft wide And this
area would provide minimum 10 trees per 100 ft is what we had before And what was discussed before was our commitment to increasing the size of the trees We were wondering maybe two to five feet We're going from 10 to 12 feet
commitment at time of planting Uh again maintaining that single staggered row and in order for for just thinking as we're preparing for design and down into the development or stage ability for
accessibility around the structure So we're hoping that we could incorporate a maximum three- foot wide sidewalk to access a structure This could be for employee access or those requirements per building code You may have to have an exit in certain sides of building
just to be able to have a small sidewalk to be able to access that structure D we're adding uh this buffer will provide as we committed before eight trees per 100 linear feet again this is the acknowledging our enhancement at
time of planting going to 12 feet and again at this area as well that three foot wide sidewalk for access along Cottage Avenue before it said Cottage Street acknowledge that
it's Cottage Avenue uh this buffer again simply acknowledge that we're committed to doing taller trees Number three before we had 2500 this is 3,000 And some of our discussions interaction with uh the opposition as
they identified rather than just stating prior to town approval it would be an actual amendment to the CPD that clarifying language would be fine with adding that as well again And as Judith mentioned before we
would respectfully request to go to 10 PM That is what we originally had Uh staff was fine with that uh recommendation Uh LPA their recommendation dropped that to
9ine And we just want to again acknowledge that we may have sunset around 8:30 8:45 People will still be coming off the beach close at 9 We would just like to have that opportunity to serve those those
visitors and guests to the beach as they're walking through to that 10 p.m Number eight This is the amplified sound Uh we were agreeable again
uh that none of the sound will be able to be coming from a mobile vendor The ambient music which was discussed before is permitted and we're committed that you should not exceed that 60 dB in accordance with the
ordinance We are committed as stated before for that compromise of a maximum of four days six hours per day between noon and 8 The last portion of this was simply stricken because the uh the OCP that was
before that condition 29 the direction was given that we didn't need to have that number 11 10 p.m 14 Again uh these were split out and I just want to acknowledge that with as Judith was walking through the
operational conditions the standard conditions These number 13 and 14 were combined So now 14 has its own No more than six special event permits per calendar year may be issued associated with this project That's more of that
operational no changes to these conditions There was acknowledgement from our neighbors that we wanted to clarify that it's via the existing Dstero Boulevard driveway connection So we added
that word for 29 The trip generation study at time of development order rather than approval The uh neighbors in the opposition spoke to it being more appropriate the state application development order
application for town staff to evaluate with that and additionally the last statement is incorporated into prior condition and 29 is that operational compliance plan that was we understood
was not necessary to provide so with that uh based on this prior competence substantial evidence evidence submitted today and presented u we already have taken care of the prior petition and with the recommendation of
approval with conditions from town staff the local planning agency we respectfully request the town council approve the petitions with our conditions presented to you upon second reading be more than happy to walk us through some of these or answer
questions go from here Scott you got some questions for Ken Not at this time Woodson I have a couple of them that you brought up
Um so the 2500 to 300 foot building 3,000 I'm sorry 2500 to 3,000 square foot building Yes Is that to What does that do Does that make the bar bigger Does that make the the stage
area bigger What does that extra 500 square f feet do Well the it's obviously a multiplestory structure so there'll be added space above that could be incorporated but it's you could look at it I don't know how far more it will be
extended west but yes it could be incorporated as more area for interior seating for people going serving being served by the beverage area or getting out of the elements uh and incorporated
for this the performance area for the live entertainment or music So don't know exactly uh to answer your question but it's it's not going to be significant uh an area especially when you're looking at two stories I actually forgot about the second story Um and the
other thing and I know this has come up in several emails um to me um about the security gate for Pelican Watch and you specifically said that that was not going to be considered
That is still our position Yes To for us to put sort any of our resources into securing their property Even though one of the biggest concerns is people walking through driving
through driving through their parking lots and everything else I mean it's a huge concern Sure And we we can respect that Uh we acknowledge that We have understood through our conversations that that has been occurring routinely even without this
property being developed So we're of the opinion are we going to majorly exacerbate that element especially now that we're committed to providing a design element of ride out
polling to help direct traffic back to Astero Boulevard position that was based upon negotiations with the remmonstrators That was mainly a internal our understanding of what we
felt and we respect that position that this use isn't critically meeting music But it is certainly an element that a lot of other businesses utilize in this town and we
feel it's appropriate and we want to do that compromise which was given that direction of reducing that down significantly Uh the conversations as you can see what the opposition uh used a different
remmonstr Yeah and you know what they're asking for we believe is too significant So I don't know if we'll ever get to that level but I think what we've done is provided a significant compromise what they were
asking but it would but it's your compromise It wasn't a compromise that was made in conjunction with the opponents is I'm just trying to understand what's happened over the last month Is that fair This is a compromise you're offering but it's not a compromise that was reached with that's correct No that's fine And it's simply
pointed out because they've come back with even more restrictions as of us by it being applied to all music The uh the building itself the uh the area where the live amplified music will
play have you thought about structurally how you could design that to reduce sound In other words will there be sound absorbing dynamics incorporated into the building of that structure the shell if you will the the the the enclosure
No we haven't got from from the back I mean obviously you wanted to project forward but in terms of from the back have you thought about or at this point None of that level of design I think that again I'll discuss it
with the Dan and see if that is an element that we can commit to that Well there are sound engineers that can do some pretty amazing things and direct sound certain ways and and and try to reduce it in other ways but you've not looked at that at all No not in that level of detail But again we
feel incorporating it within the structure orienting it away from the residential properties towards Destro Boulevard is certainly accomplishing uh and limiting the hours certainly accomplishing the directive that we were
given Thank you Thanks Kate Couple things Um the sun shade sales that councelor Woodson and I uh talked about last time Uh did I miss a depiction in your presentation on those
or because I didn't really see it There's one that's that's currently the one we've shown over the outdoor seating and recreation area Okay Um also uh Judith brought up a a point that I think it needs to help we
need to get addressed somehow is defining what a special event is because she alluded to a farmers market would be just one special event over a series of weeks Correct So I I guess get an understanding of what you define special
event as We would be following what is defined as in your code is what a special event permit could be So yes that would be the intent is one could be utilized multiple times again But if you say sick your your code allows us to
come back to you if we were to do special and do more than six So what we're doing is committing to only doing six permits So that could be a reoccurring to answer your specific question Okay
Thank you Just a couple questions and u I went out and looked at some of the other similar properties that do this and the one thing I noticed and I never didn't think about it the first time is was what was the reasoning for not
putting the restrooms inside the structure itself So at one point they were in our master concept plan What we wanted to do was integrate them more or closer to uh the
beachgoers or more centrally located Uh again the design we could evaluate that that would increase the square of the box right Yeah Size of that box but it would it would take away the structure footprint
by incorporating it in So I just it just was one of the things that stood out to me when I was looking at the other places that they had some inside the building like you had and I just was wondering what the reasoning was for for having it external Some of I
may also have there'll be bathroom facilities for the employees And then the other question I had is you know the concern that we heard and when I met with the residents around there obviously was the traffic coming through They did say that they have an issue with traffic now coming
through their property No when is it backed up Um but their issue is the cars now that are going to be coming in there and and I've asked about it before and I don't know that our sign orders would even allow us to do it but I've seen in other areas where they have signs even down in Collier County you'll
see that they have signs that show how many parking spaces are available So you're not getting those cars turning in and they can see before they make that turn onto Chapel Street that there's no parking spaces available That will deter them hopefully from driving down the street to look for one because it tells
you that there are none there Again I don't know if our sign ordinance would need to be amended to be able to do a digital sign I know we have something in our sign ordinance that doesn't allow changing signs but would that fall within Is that something you guys would consider I think we can consider that Yes I think it would be beneficial for
everyone And it's it's no different than some of the parking garages No Yeah This level has 10 Yeah You see the red light says there's nothing in this row Just something to alert people before they make that turn and now they're making Uturns and potentially reducing the
impact to the neighbor Right Um that's all those are the two questions I had Very good All right Um interveners Okay Thank you Yes Thank you Miss Berky is she there
You keep moving around I gotta keep you guessing And I have three boys at home so I don't sit still very long I used to go and pull the mic down just a little bit And bear with me We just have some recordeping items if you don't mind letting me get to those before starting
our 35 uh collective minutes on behalf of the interveners Again for the record Katie Berkkey land use attorney and certified land planner at Becker Employee Coff representing Pelican Watch condo which immediately abuts the east property line or project boundary line
Thomas and Deborah Dan Ford managing members of Coastal Cottages LLC that own at 2520 and 2522 Cottage A and Ed French owner of 2548 and 2550 Cottage A Um both the Dan Ford and French properties are
about 31 feet from the project boundary on the southside of Cross Cottage Um we've already been recognized as interveners Um for recordkeeping purposes the package of items I submitted into the record under the first companion application item one are
also submitted into the record for this second item And again they are first my resume for your reference that highlight my planning credentials um a letter dated April 4th from Matt Simmons who appeared before LPA and town council at first reading and who prepared the value
impact statement on behalf of my collective clients That report's dated January 31st of this year And in addition to that supplemental from Mr Simmons we have a slightly revised version of that value um report just to
affirmatively include the Dan Ford properties by name and address But the findings and conclusion remain the same as what's in your agenda packet And then lastly also a letter dated April 4th from Moseni who's who's the traffic planner that also appeared before LPA
and town council at first reading Um and his original um expert traffic report dated March 3rd is in your packet as well at page 351 All right With that said um the substantial competent evidence already
presented by our experts um and further supplemented today support denial of this application as being incompatible with the surrounding residential neighborhood in terms of noise aesthetics and safety and also being inconsistent with the comp plan The
applicant is not entitled to the reasonzoning that's being proposed to you today and the applicant will continue to derive ample benefits in the form of the existing CPD entitlements As Mr Simmons notes in his letter from April 4th which I submitted
today the underlying proposed use is an open air food truck park with live music permitted in close proximity to existing residential uses which in his professional opinion will result in significant negative value
impacts and which also cannot be fully mitigated uh by leveraging conditions of approval However if it's still council's pleasure to approve the application before you today We respectfully request that the conditions as proposed by my collective clients at agenda packet page
581 be incorporated In Mr Simmons opinion as stated in his letter the conditions at least provide a chance to mitigate his forecasted reductions in surrounding residential property values Now the remaining primary concerns uh on
behalf of my clients relate to noise hours of operation aesthetics and security With this in mind our foremost comments on the applicant's revised uh proposed conditions of approval at agenda packet page 185 Um I'll summarize those for you now
Starting with condition 2C Overall we're supportive of what the applicant is proposing there adjacent to the shared property line with Pelican Watch Um but the applicant had been uh continuing to rely on Pelican Watch's existing pool fence as the primary security fence
along the eastern boundary As we understand um given a conversation from the applicant's agent directly with uh Mr Bryce on behalf of the association who's attending via Zoom Um Empire Holding the applicant is amendable to including a 4ft tall buffer wall uh from
Eststerero Boulevard running along the shared boundary with Pelican watch to the support structure Um so we would ask that that be included in the master concept plan and in this condition 2C Um condition three
um the the increase from 2500 square feet to the 3,000 square feet for the support structure was noted and um Miss Frankle I believe an error had indicated that that structure is enclosed fully enclosed I just wanted to clarify it It is seemingly only enclosed on three
sides with a roof So it is um open on the um the far side Um but I want to clarify that for the record Let's see conditions 6 7 and 10 Consistent with staff's recommendation
we respectfully request that the closing hour be 900 p.m and not 10 p.m given the interconnected nature of the existing residential uses with the proposed project Now condition 8 is of material
concern to my clients Um and um I'm a little disheartened I guess there were discussions directly between the applicant's agent and uh Mr Bryce on Saturday where live and amplified music um had there had been an indication that the applicant was supportive of three
days per week no more than six hours per day between 12:00 p.m and 8:00 p.m and only yesterday afternoon Um I guess the feedback from the investor group was was now the four days per week 6 hours per day from 12 to 8 So we are we are very
much still asking for live or amplified music being limited to a maximum of three days per week no more than 6 hours per day only between 12 p.m and 8:00 p.m And then also to clarify further
um any music so amplifi I'm sorry um ambient music that is not live or amplified any music would only be limited between 12 and 8 subject to that 60 dB uh restriction in condition eight
So no music um outside of those hours And then the clarification on live and amplified for the three days per week no more than 6 hours per day also 12 to 8:00 p.m Now with that in mind um our request with respect to condition nine
is that it be added further to clarify that the more Sorry can I stop you real quick just just so I understand it's the live music you're limit you're you would like limited to three days a week six six hours per day from 12 to 8 but the ambient music
you're you're saying would just be limited 12 to eight to seven days a week um that's not I'm just trying to understand yes I believe that's the understanding of our group and we're happy to clarify further that and if we take a break we can certainly
discuss with the applicant Just so just so I make sure I hear you So so the ambient music would be 12 to eight seven days a week Well our original request was all music I just want to be clear the various iterations of this condition All music was originally proposed from
our end to be a maximum of three days per week no more than six hours per day and between 12 and 8 Um you know what I have so many folks that I'm answering to If we can come back to you on that but our but definitely no music outside of the 12 to
8 window and then we're happy to discuss further in terms of the ambient piece I just want to make sure I understood you correctly That's fine Go ahead and regroup on that Yep All right And then condition nine which is related We were suggesting that the more restrictive between the noise ordinance and
condition 8 control if there's a conflict because from what I understand the 60 dBs on the ambient music is more restrictive than what the noise ordinance currently provides So to minimize an enforcement problem later our suggestion was that the more
restrictive between condition 8 and the noise ordinance control All right Condition 14 was another big ticket item for our folks Um we are still requesting a maximum of four special event permits be issued for
a maximum of one day per event particularly to avoid a situation where let's say it's a festival a carnival that's carrying on for consecutive days We thought a fair compromise because we had suggested four It's
currently in the agenda packet proposing six with no restriction on consecutive days Our suggestion was five would be a compromise and that could include for example Memorial Day Fourth of July Labor Day St Patrick's Day and New Year's Eve But um asking for a
protection against consecutive days to avoid especially noisy carnivals and and things of that nature that carry on Condition 25 the design to encourage uh encourage right exit only movements onto chapel We ask that that be
clarified in the master concept plan Um as we understand from the applicant the design element that will compel those right exit only movements um they're contemplating a pork chop design So some clarity uh in the condition itself and the master concept plan And we also ask that there be a right exit only
directional sign in addition to the uh the pork chop to make sure that folks aren't inadvertently making a left-hand turn and then they're deadended within the neighborhood which is already a problem Um we understand from the applicant that they're agreeable on both
fronts the pork chop design that they've purported to include and then also the addition of a right exiton sign All right Proposed condition number 30 uh from my clients at agenda packet page 591 related to the security gate
deadend sign and no trespassing sign at Pelican watch Um we had profered to the applicant um to consider holding $7,500 in escrow for a two-year period after the project is fully permitted
developed and operational um to put in this infrastructure in coordination with Pelican Watch And if it isn't needed based on how the project is functioning and operating then that those funds would be returned and there would be no need for security gate and additional signage But um as already has been
testified on the record they're struggling with that street ending right at their common element property and folks are using it as a culde-sac They're driving through and under their condominium property and looping back around So we're trying to avoid a situation where um given uh and we're
we're fully expecting this project to be successful if it is approved So more automotive pedestrian bicyclist traffic and the more they're aware of that dead-end situation to avoid having to then utilize my client's property to back out is appreciated Um at a minimum
a town permitted deadend sign at the east end of cottage at the applicant's property line as part of the proposed 10 foot wide buffer um detailed in the master concept plan that could be incorporated into condition number 26 Um and we believe the applicant is
amendable to at least a sign in that location to advise of the dead end nature of cottage Now secondarily so those were the conditions of of most importance to our collective group Now secondarily there are concerns that remain with
respect to traffic circulation and parking The applicants proposed condition 2A related to pedestrian access and bicycle parking areas um these elements would not be utilized as safely without a companion operating
agreement like we suggested between the applicant and the town and in coordination with the county understanding that Astero Boulevard is a county road um for the inclusion of a crosswalk or a traffic light Um we propose that as condition 31 at agenda
packet 591 This is also the case with the sidewalk uh referenced uh along the eastern boundary coming or uh coming from a stero heading south towards the support structure in applicant's
proposed condition 2C Um and as we understand from the applicant the the sidewalk in that location coming in off of Sterile Boulevard to get to the AC the support structure will be located outside of the eastern buffer area Um I just ask that the applicant clarify
whether it's in or outside that easterly buffer on the master concept plan and in this condition as well The applicant's proposed conditions 2D and E um reference a 6 foot high opaque fence along the south and east
property lines next to 2553 and 2562 cottage I believe those are the Yolkland and the Whitehead properties and then also a 4 foot high decorative fence along cottage Um we ask that the applicant clarify the difference of the fence
types and heights in those two locations because it'll be a different design and height uniformly on the south the south boundary Um as we also understand from conversations with the applicant over the weekend the 4ft high um fence along
cottage will be a rot iron rail type fence in terms of style But um we don't have any clarity in terms of the fence material We'd appreciate some clarification from the applicants team on that And let's see the applicant's condition 29 they're proposing a trip
generation study at time of development order application Um however we respectfully request um a traffic a true traffic impact statement and that's underscored with um the letter from Mosen Lake in your in
your package that I submitted today dated April 4th A trip generation study only shows the number of trips to be generated by the proposed uses but the TIS actually looks at those trip distributions and the possible um impacts on roadways intersections and
driveways in any deficiencies in handling those new trips Um further detailed in Mr.'s letter um any new TIS has to address an identified flaw in the original TIS from 2008 Um under the 2008
TIS the trips from option A again the food truck option is B Um but option A had been incorrectly added to the nonfailing and southern segment of Eststerero Boulevard between Vorhees and Tropical Shores Way but the project the
food truck park will actually front um the failing segment between Tropical Shores Way and Center Street Um so that baseline error from 2008 has to be corrected for this new study to be meaningful And we ask that it be a true
traffic impact statement instead of just a trip generation study Um we also lastly um request keeping in the condition 29 um from our proposed conditions at agenda packet page 591 which is
consistent with the discussion at first reading um keeping the parking operation plan in place Um we appreciate the additional detail in terms of how the parking will function namely the automated gated kiosk and free parking for the first 20 minutes Um and the
possible addition of a digital sign to show how many spaces are available Although I'm I'm not sure how you capture those shortterm 20 minute turnover spaces in a sign like that But um I appreciate the suggestion Um but our concern is without the parking
operation plan in place for those first two years as suggested there's not a binding condition as to how they operate the parking lot to then ensure compliance over time So we do um as as requested at first reading incorporation of that item with a two-year kind of
trial period to see how it's going Um before you move on real quick Yes Uh Amy would it be possible to get someone to print us out these two different proposals of conditions because it's a lot of jumping back and forth and there's a lot of data So it' be nice to
have them side by side Unless somebody else doesn't need them but I would really like to have them side by side because there's a lot of intricacies you just went through there that would be nice to be able to see the difference Understood Jim would like them on paper Coming to the dark side of the dark side And again the outstanding question that
I'm happy to regroup if we take a break on is the special I'm sorry it was the um ambient Yep Ambient versus um the amplified and live but our original ask was for all music Um there might be a room for compromise in terms of the days
if it's all music but and correct me if I'm wrong your original ask was not three days uh six six hours per day Your original ask was two days three hours per day and from 2 to 8 So we have compromised in terms of that range I think that's important Yeah Yeah And as
the applicant um stated um we've likewise been negotiating in good faith and coming to the table to try to have something that you know no one's going to be happy And that's the definition of a great compromise right And we feel like we're we're making concessions What
we put in the agenda packet for you we haven't even come back to request you know the full um compliance plan for example So we have moved the needle on our end and I'm optimistic we could maybe get closer to an acceptable middle
ground And with that um thank you for your time I'll turn it over to uh Mr French next Good morning again Mr French Morning again Ed French at 2548 2550 Cottage Avenue And I apologize I didn't say that
I was sworn in this morning last time I came up to speak Thanks for helping uh helping us get this close We really really appreciate what everybody trying to keep the neighborhood neighborhood and uh certainly something was going to go in
there anyway and um we're used to the old Holmes house and Mucky Duck So it's getting uh getting a lot closer and thanks to the the applicant for stepping up to the plate and spending the money like he is It's what we were after in the very beginning It would have been nice to
have that shoot out the gate at the very beginning but here we are We're darn close Um just have a couple things to help you help me maybe you can help me figure this out How do the deliveries
get made Uh being in the former beer distributor we had deliveries How does that truck get up and down our small streets Um and I think uh Katie already hit on it the parking for the customers that are just hit and run and just
getting a sandwich and and leaving I hate to see him not have a space and start looking through the neighborhood to get a space to get that great food truck court meal I don't know Um I've kicked this
around the run with the land Um since it is a more of a concrete uh building and structure I don't um I'd like to see put
it like to see the this operation just stick with the applicant and if it changes hands it um might be considered not available to the next person advising Um it might be a tall order but
u for a I think my fear is it this turns into a carnival kind of atmosphere and if there's something better that comes along that'd be great That's all I have for right now
Thank you Thank you Who's next Next we'll have Deb Danford coming You can still say good morning Good morning Uh I'm Dev Danford uh owner of 2522 and
252 Cottage Avenue I really don't have much to say at this point because you basically heard it all But I will say for the record the applicant neighborhood group has never directly reached out to the gambers Not sure why but we are left to assume it was because they didn't feel
the need to do so As a directly impacted neighbor who will be forced to deal with the operation of this kind of a development seven days a week 365 days a year 14 to 15 hours ago one would think we would have at least
received a phone call As neighbors have repeatedly stated we are not opposed to appropriate commercial development in this area But you've seen how extremely close and intrusive this development in operation would be to neighbors
This should not be a difficult decision but more of one common sense My husband and I have invested hundreds of thousands of dollars to protect our property and investment threat of damage but we never imagined
we would be faced with a threat to our investment from within I'm just going to conclude my speech with a message to all residents and property owners of Fort Myers Beach While this development may not be in your backyard today it could be
tomorrow Don't be as naive as we have been While our property rights and investments are at risk today yours could be tomorrow Thank you Thank you And our last speaker from our unified intervenor group is Mr Bryce
who's on Zoom And good uh good morning I guess since I'm on Zoom I'm not sure I tried to virtually participate in the uh oath and I just want to make sure that I'm covered on that or do we need to do that first We can swear you in again if need
be Here do you swear or affirm that the testimony that you're about to give is the truth the whole truth and nothing but the truth Yes I do Thank you Thank you So first of all uh I would like to uh recognize uh Ranger Tui myself Um
what an amazing thing and uh and the fact and and say thank you again to the council and town staff for allowing me to do this remotely since my wife is uh uh undergoing chemo today So um it kind of puts everything in context a little bit when we're talking about saving
people's lives and and uh so that was it was a real cool recognition of of Ranger Tucci today So uh and as a common as a frequent um person on the sand I'm glad there's people like out out there uh taking care of us So uh kudos to um to
uh to all the town people for that Uh again Randy Bryce I'm I've been an owner at Pelican Watch since 2012 I'm the current HOA president of Pelican Watch And again thank you for the time today First uh let me reiterate uh our our
message and and so I I also want to say I'm speaking today strictly on Pelican Watch behalf to Danfords and Frenches Even though we have common representation we all agree we're entitled to our own opinions So and andor positions So let me message from
previous LPA and council meetings We have never been against development of this site Um actually many of our owners would love to see it as Ed French said return to the days of the mucky duck But what that really means is was enclosed structure and specific use parking not
not the intrusion levels of a of an open air food truck with an open air bar and open air music So um that that is the distinction here Um so we remain opposed to this development and ask the council to vote no on the current proposed uh
setup as it is overly intrusive to our privacy and image properties and property values of our of our building Uh one of the things that is kind of most frustrating to me is I've grabbed onto this project as the new HOA president and then we've uh we you know
the LPA encouraged us to be fact-based when we came to to the meetings and we did that We hired experts and uh and one of the the most interesting findings I think amongst all the other all the
other issues is that uh we had um Matt Simmons who's a knowing expert in the space do a national search not a Southwest Florida search Florida search a national search to find another food truck court that was allowed this
adjacent to residential properties And guess what Couldn't find one Not a single one in the United States has been allowed to be built this close to and adjacent to residences So we're in in essence the new experiment and that's kind of frustrating It's surprising and
a little frustrating The Lee County guidelines itself talk about at least a 50 foot buffer off residential areas the other properties that are mentioned you know in the neighboring counties in in Naples or Cape Coral or Fort Meyers have
at least an 80 foot in most cases greater than a 100 foot buffer off residential properties To me that speaks volumes of the suitability of this project other people have determined this is an improper use uh or an
improper placement of a facility like this and and so it's it's quite again surprising and and even disappointing that we're here having this conversation based on all the other evidence that all the other communities have already developed and Fort Myers Beach has no in
place ordinances for this So we are in in essence the experiment and once you guys decide to go you vote yes on this we're forever beholden to that experiment So um please consider that as you take your votes and wonder why Fort Myers Beach will be the only one in the
United States with immediate adjacency to a food truck court with live amplified music So it's a really interesting I think almost compelling story in and of itself because other people have studied this a lot more than than we have
So having said that if if uh as Katie uh said on our behalf if you're still uh compelled to vote yes uh then it really comes down to the conditions uh if you're going to mitigate the uh the the issues to the local residents and
communities So um and it's I think it's paramount that that whatever happens next is really zeros in on these conditions So we have had a few calls with um and discussions between the attorneys uh and any applicants and I would say constructive professional
calls uh and I've appreciated um uh uh being able to talk about those things with Dan Myers in particular So um that that has been um the issue is we haven't been able to reach a um a solution I would say that at no point have we got
to the point where we've said to each other or nor were we asked hey if we do these things if we do these following eight things will you drop opposition That's never been asked of us Um which I find kind of surprising too because then you get to find out where the real
rubber hits the road And uh so that that's kind of an interesting take Um and and I think you know as you go along I I do negotiations for a living Um and it's interesting you know when you have power you don't give So having passed
through LPA and first reading and and uh first reading unanimously it really shifted the power in these negotiations to the applicant And and uh I think as we've tried to close these gaps they're a little bit emboldened by uh knowing
that the project's probably going to go through and and I I don't mean that disrespectfully but I mean the the momentum kind of and the and the vote structures kind of show that So um so it comes back to conditions Once again a couple of other things to to just
mention as it relates to uh the mindset I' I'd ask you as council and city and city staff as it as we get into this is the the the city we would ask also then recognize that we have enforcement
problems on the beach already Um noise parking whatever those are All you have to do is go down to mom's food truck on on a Saturday or Sunday morning and find that street completely lined with illegal parkers Nothing is ever done
about it Um and and so what's going to change right So now they're going to come down our streets or for those familiar with Pelican Watch we have an out outlot parking spaces that we will it's not fenced in we will tag it will tow but people that are running over for
a taco might will likely risk it So all that parking is going to go down onto the streets into our lots when they don't want to try to you know maybe 20 minutes uh of free parking helps with that I well would agree but can they get in and out in 20 minutes Don't know Uh
and and many won't try So that is I think I'm I'm asking the city to also think about what the enforcement possibilities are for both the parking trespass and I think noise abatement If noise becomes an issue what do we do about it Right So we can codify this
stuff But let's say the amplification is up above 75 dB We make the call What happens Right Uh and uh and I think that's been a an issue with residents here on the beach for for since Ian with some of the other establishments already
at the last LPA I showed a video coming from eats at the beach I was 110 ft away and you could hear it like a rock concert right So it's really quite an important issue to us as we try to protect the sanctity of our neighborhood So the other the other issue is is uh so
with that with that said I just asked the city signage enforcement please consider how the city's role in all that Also uh I want to silate or reiterate some of the key conditions that Katie spoke about Um the noise amplification issue
is we are willing to come to the table on that Um and I I can't remember I mean sorry I don't know all the names I think it was vice uh vice mayorhalt who said something about two days We're willing to come to the three days 6 hours a day
which is even a lot Um I mean I think the longest um live music that gets played on the beach is probably at the beach bar and that's usually from 1 to 5 which is a 4hour stint So I'm not quite sure what six hours required but we were willing to to come to that And I guess Katie's
going to get our group together at a break here and talk about that a little bit more Um so the other issue is it is clear that the music is not a vital thing for the commercial success of that thing
They have parking revenue food truck rent revenue and bar revenue They they've stated that it's not crucial So why fight it I don't understand If you're really going to say you're you want to be a good neighbor then be a good neighbor I think that's
that's something I want council to hear is like if it's not needed for the commercial success of it why not come to the neighbor's side Why are we fighting so hard on that I don't I don't know but we are Um and then I think also
um there was a discussion uh with the applicant and myself that talked about the a fence or a wall being placed along the Pelican Watch fence because I don't believe our fence should have to be the the property line buffer the physical
property line buffer because and and excuse my I I'm trying to say this as politely as I can like we we don't want people that are having at the bar or the line is can't get in the bathroom Guess what The Pelican Watch fence becomes a really good place to go Um and there's
no reason for our our fence to be to be the primary physical buffer Uh even though there's plants and shrubs come on That's what people are going to go walk into at to do their business not the other way around So we we're doing I thought we made progress on that yesterday I'll leave that for um uh the
applicant to come back with but I thought we had an agreement on some sort of a structure on along that property line Um special permits it's a really big deal to us I mean it shows the width of the gap here is they think six permits which could be food markets for
every Wednesday all all year long We're we're at hey how about four to six days a year um and non-consecutive days and and our number one complaint is big drawers like uh carnivals that bring a lot more cars a lot more people a lot more traffic You know we get wanting to
have um you know an antique car rally or a small uh out some other venue But but that's what our ask is is no more than six four to six ideally four
non-consecutive day special permits um for this site if we're again going to protect really protect the neighborhood Um the third is is the security gate So we have had it I I think the applicant has been uh consistent in their no on
this issue And there's this this commentary which we agree to that we already have the culde-sac effect We already have the pass through effect but now you're talking about a couple hundred more trips a day with bikes and golf carts and everything else coming
down there There's no way Common sense says we are going to have a bigger problem And and it's not our problem they're making it our problem So why wouldn't they have to participate in the cost of remediating that problem That is that's kind of frustrating to me that
you know I I have a daughter who teaches and she tells parents all the time you know don't make don't make your problem my problem And that's really what we're being asked to do right now which is uh I think can be addressed uh through a condition or or support of the city here
So um please consider that Uh it's it's really important to us Um the uh uh in closing I guess I just have a few last comments Um
uh the the irony of this project again and the state of mindset of the applicant is that this be neighborhood friendly I I'd say yes it is if you're not immediately adjacent or within block of it So uh it's great You know if I live down the street I'd want to come
down there for a hot dog or a a burger or a taco or a glass of beer I get it but it's not friendly Not with the not without the proper conditions So as you guys go into deliberations please consider proper conditions or even aggressive conditions on this property
so it is more neighborhood friendly Um our requests are reasonable We think um um and uh and I the I would also say the effect on our home owner value maybe not by law should be considered but there
has to be uh something that Pelican Watch has made an investment in this community We have put $10 million plus into our rebuild We have debt of $2.8 million and now we're at risk of having our property values affected negatively That's a hard pill to swallow uh we get it that that site is zone for
development and uh so we can't stop everything but the this one is going to have a detrimental effect uh and and the facts and the expert testimony prove it So at some point we have to be equally important as the applicant itself Um and
and in we even have a unit up for sale 104 that we've now had and we have documentation from the realtor to support it that um we've had buyers say no simply because they they're looking for a quiet part of the island and and they know about the food truck development and say hey that's not what
we're looking for So it's already affected a couple of uh buyers Now whether they would have made an offer or not nobody can really know right But it it's been documented by a real local real estate agent Um the process itself all the way back to LPA has seemed a little upside down
from the start Um yes no no traffic impact study has been required so far Um Eststerero is bad but to ignore further impact is is kind of interesting as somebody who has to also with all of you drive on and off
the aisle u many days uh the city has no current ordinances to govern food truck courts and is mostly taking advice from the applicant itself and and and uh and other places but if you look at other places nobody is allowing this
this close to residences So we're not sure how that how that jives but it's it it's really an interesting uh thing Um so our ask is and and I'll conclude with this is yes Fort Myers Beach needs development and we owners are leading
the recovery phase with our wallets We have to because we like to live here and based on expert reports the many issues that will come with the development the significant negative impact on our property values the city's responsibility to enforce the policies
um and the overall intrusion of this development We're asking the council to vote no However if you do vote yes then please give full consideration to our list of requested conditions as none of them none of them unduly burden the applicant
None of them none of them affect their commercial viability as much as their revenue and and will come from those other three sources as I think everybody has acknowledged You have the opportunity now today to approve the project and still further protect the
adjacent owners with a more with more restrictive conditions Once done this cannot be undone So um please uh the proper conditions are absolutely critical uh to this And the last thing I'd like to say
to as someone who sits on other community boards and has sat thank you for your service to the community um and uh and the ability to state our case today Appreciate it Thank you Thank you All the best to you and your wife Yeah
I appreciate that We'll need it and we'll take it Thank you Randy And he was the last speaker from our intervenor group Um with a caveat uh we would appreciate an opportunity to confer on the um music hours collectively I have input from
Pelican Watch but I'd like to get with the Danfords and Mr French before responding to your question I think if everybody's okay with it Dave David did you want to take your five Okay So we'll hear from David and then that may be a good time to take a break Could I ask a quick question of council and and have
our council respond Mr French asked a very interesting question What's your legal opinion with respect to whether if this property was moves forward as as as proposed and is five years from now sold Is it your is it your legal opinion that
that that that usage would transfer to the new property owner Yes that's my understanding It runs with the land which is why the conditions are so paramount because we may trust the owner operator today to do right by the community but that could very well
change But do you have any language that you'd suggest to to if if it was sold that it would then that the new owner would have to come back and start from scratch Is that is that your position Is that your hope I I think if we get the conditions to a place that um we've all attested to that
would run with the land regardless of operating entity but I'll defer to uh Miss Stuperitch to So there's private restrictions and there's public restrictions So your zoning is a public restriction and all the conditions that are in the ordinance would carry forward
to any future um owners The only way it would change is if the future owner came to you and asked for a zoning change Okay Thank you I just I just wanted to have his his question answered Y Thank
you Yeah Yeah I think after Mr Tzac then we'll hear if you guys want to respond and then we'll take a break Good afternoon Yeah David Tzac Um a couple things First of all there
there was a food truck park that was put close to a residential area It was in Oregon I've read the study and um what they found was and then this this particular food truck park didn't offer alcohol and they found that it reduced
the property values in there And I've I've got a copy of the study I've done extensive research on it So it it was detrimental to the area No different than this would be I I know we all have differing opinions and I would say this You know Jim you've
been beating this sound this way and down and days I don't want it I don't want this project Period Unless you close that access to my house you're driving 900 people through my private
driveway It was never platted It was never dedicated in the plat You have no easement on record that shows it There's nothing that shows that you even have legal access to it So you're trying to drive n 900 people through there Judith never even did a study on
pedestrian traffic people coming in with bikes like like the one guy said golf carts and all that That's never been done We're going to have more people from that fivetory Neptune you guys approved which you could have put a public access through there but you
didn't You rather drive them all through our neighborhood So let me ask all five of you Would you want this development next to your house I got $6 million in property and I know it's going to devaluate So would you want it John
John would you want this proposal Your public comment not mine No but but you're making a determination to destroy the value of my property I've got a bridge next to my house Do you want a bridge next to yours I have a bridge or a walk over It got washed out and that was illegally put there Please just The
question is Dan would you want this next to your property I'm not I'm not I'm here to make a decision I'm not So here's a decision When you make a decision to destroy the value of my property I'm going to sue you for the damages I have that I have that right Now I'm going to go into the
laws The proposed resoning violates article 10 section 10.2C of the town charter requiring zoning changes to comply with general law and comprehensive plans Pro prohibiting arbitrary zoning benefiting private
interests Notably no current ordinance in the town's land development code defines or authorizes food trucks as a primary use Establishing use without pre-existing regulatory framework violates Florida statute
166.033 You're violating the Florida statute Plain and simple Look it up Which mandates municipalities must only approve developments that fully comply with their comprehensive plans and land development regulations Failure to
comply with this statute could result in legal challenges and invalidations of any approvals Additionally Florida statute 1633194 demands that development approvals be consistent with the comprehensive plan Approving this
resoning proposal would directly counterven this requirement You're in violation Potential legal con consequences and liabilities Approval of this development will expose a town to multiple serious legal
challenges Bert Harris Jr Private Property Rights Protection Acts Neighboring property owners could seek compensation for st substantially diminishes diminishment of their property values and property rights by you saying that you're going to take the
beachgoers and bring them through my private driveway 900 a day to a public bathroom B That's a Bird Harris Act claim You devaluate my property by a million and a half and you pay for it You cut me a check for it because that's what I'm
suing for Damages I got two properties million and a half each The property next two doors down sold for 3.1 million If I don't get that then you've devaluated my property Inverse condemnation Have you
ever heard that one approval could lead a substantial interference with neighboring properties use resulting in inverse condemnation claims I'm constantly pushing people out of my driveways When it starts to rain I'd get 20 people underneath my tiki
hut I got to prove I got I got to permit him to build a house And I'm really upset Dan that you would sit there and say "Boy if there was houses there and I'd have a different frame of mind but now that it's all empty hell let's just build whatever we
want." You know what My life has been there for 35 years I remember my kids walking my dog down the beach my daughter becoming the shrimp queen all those things My memories are there I'm planning on rebuilding So when we all
build back does that go away roadway and accessibility non-compliance That road was planted at 30 feet If you go measure it today it's 16 ft wide And if you go measure the other roads they're barely 20
ft You're going to have to go in there and pave 30 feet But you don't own it We own to the center of the road in Seagra subdivision All you have under the statute is what you constructed and maintained 361 of the
statute Well you've only constructed and made 16 feet Commercial development requires 50 feet Jim How are you going to bring all these trucks in And for 30 years I've been making a left out to go to the doctors or the Costco or whatever You want me to
make a right and get in the bottom of the line of all the people trying to get off the beach You're not thinking it through folks Not one of you have ever taken the position of the residents that will suffer the losses Not one of you have
ever taken that position You're trying to You're trying to put a square peg in a round hole with 29 deviations I'll get this damn thing in there I'll get it to fit It doesn't
Comprehensive plan land code violations policy 4B4 182 1D2 Those are all violations of the code Now I'm going to go into this I filed a Freedom of Information request
three weeks ago I filed one two years ago when you guys were driving through my property and dumping contaminated sand on my I filed it and I sent it to the town manager He said "Well stay off your property." But I've never heard back and
all the Freedom of Information requests I've sent I've never got a response I've never heard from any of the developers any of the attorneys none of them And yet I'm affected the most And not one of you one of you other than
Scott replied to me just over the weekend has ever contacted me ever met with me at my properties and ever discussed anything that would affect my property So I want my freedom of information request As far as I'm concerned I have
not been given due process in this entire process And until I have that nothing should be determined And the fact that you passed this today on the spot zoning I will file a rid of sir triori
siori within the next 30 days challenging that alone Thank you Oh one last point I think your time is up sir No it's not I have as much time since this affects
me That's my due process this developer right here Sir we already voted on it We've already voted Then I want to make it note that I was denied my due process to speak in public comment when we open the public comment portion
I was using my time from the first time but I'll speak again Judah So I just wanted to clarify because the conditions of approval are so uh pertinent to this case that what you I believe the town clerk printed out for
you are the three working versions we have right now So there's the first version which is staffs and that's in two different orders I think it makes sense just to look at the first ordering of those conditions just for comparison sake and if you're okay with reordering
them later we can talk about that later So there's staff versions there's the applicants version and I don't I don't see the one for the Pelican watch group I don't see the the one M I don't maybe I didn't get that one but so
um it it has the same title as ours which is a bit confusing I don't know which ones you have in front of you The staff version for anybody following along is um pages 174 is where the staff versions begin Um and then the applicants version starts on page 180 Um
but they've provided their own copy which reflects what they presented today Right Um and you have that 185 I don't have a 180 It's 185 It's it's I think you meant to say 185 to 187 is is the applicant's version And then in the
packet page this is this is the one they should have right The one you just handed out Yes Yes That's that the applicant provided those copies Um and that's the most recent version of that And then the intervenor version begins on page 592 Okay So we do have um and so
their their numbering system is not they have um more conditions so it doesn't exactly line up So whenever we get there if you want to go through them one by one and make any changes that you have it may be worth it just to Yeah that's why I think I noticed the update the 592
page one isn't like the other ones where it's underlined crossed out Right Right Okay Um so if you want to do that at whatever point just let me know Do you want to give um public comment before I go over the findings and conclusions Um
well let's I guess let's see if is it pertinent to let the applicant if the applicant uh would like to respond to any of the interveners if you have any comments Thank you Bill Davies For the record if we may I think we'll just reot one time
after public comment and we'll address interveners comments as well as any other public Okay Well do you want to do We can do it after I think we've heard a lot of information that I think both sides maybe want to hash through a little bit Maybe now is a good time to take a break
Are you guys okay with that Is there anything you need to discuss or not discuss I know that they want you wanted some time right Mr B Yes To discuss with your or your your group Yes we'll discuss with respect to music hours
generally while we're on break So if I could just have a minute or two to come back and report back what our collective ask is on that one condition Okay great Thank you One suggestion if I may is I think if you do staff and public comment then we
can take a break talk to our respective clients talk to each other and then report back to you We can do that It makes sense Yeah Okay That way if you hear what you need to hear and then you got it Okay Go ahead Judith Okay So I'm going to read through the
requested deviations First um there are seven al together Deviation one is from land development code section 10-285 that requires driveways to be located at least 250 ft from the center line of a local street such as Chapel
Chapel Street to allow a distance of 100 ft from a sterile boulevard Um this was a condition that was uh approved in the previous uh iteration of the CPD that 07-28 Um and they're asking to continue
Um Judith thanks I'm sorry What page are you on in the packet 193 Okay Thank you So this is again the deviation So deviation one was there in the previous version of the the CPD that was approved Um staff response to that is there's
insufficient distance from Ma Boulevard to Cottage Avenue along Chapel Street to allow full compliance with this code section The deviation um is necessary to allow access to the site Uh deviation 2 seeks relief from land development code section
10-285 that requires driveways to be located at least 250 ft from the center line of the intersection of Asteroa Boulevard and Chapel Street and to the driveway of Pelican Watch condominiums Um in general the code wants 250 ft distance between driveways and um uh
intersections Um it's not possible in this situation Um and so they're asking for relief from that Staff response is that applicants should provide site signage indicating access location which is something they have agreed to in the conditions Um parking lot access from
Cottage Avenue would be um a nuisance to the home orders on that street So therefore we're putting it on Chapel Um parking lot access from Boulevard would burden the flow of traffic on that road Um the location of the Chapel Street is the most appropriate for site
configuration Um and then it refers to some of the conditions um about that entrance Uh deviation three seeks relief from land development code section 34-706D which states that existing driveway and parking spaces shall be
relocated from Mero Boulevard to allow for the existing access point to remain from Mero onto the property Right now there is a driveway entrance from Mstero to the portion where they're proposing to put the um the mobile vending pads um and they would like to keep that but
restrict that access only to the mobile vendors coming and going during off- peak hours Um staff's response is that the access should be restricted um which they've agreed to and not for general public or even for service or delivery vehicles would not be allowed to use that
entrance Um and again asking the staff to the applicant to provide appropriate site signage um which they have agreed to uh deviation 46 relief from the land development code section 34-706A which requires that off streetet
parking lots be placed inside or rear yards This deviation will allow the parking lot to be located along Chapel Street between Eststerero and Cottage Avenue Um staff response is that the proposed master concept plan configuration with parking along Eero is
appropriate to accommodate additional parking spaces for the commercial parking lot Um the deviation is necessary because of the mobile vendor park Without a mobile vendor park um they perhaps wouldn't
necessarily need this um deviation The commercial parking however may provide increased accessibility to beach access number 26 through although parking rates are not known at this time Um deviation five seeks relief from land
development code 34-2017 which requires high turnover parking lots to have a paved surface to allow uh in this case for a crushed shell or limestone rock surface Um they they're asking for this flexibility I don't know that they fully decided
exactly what the surface would uh be Um staff recommends that the applicant utilize a gravel crush shell stabilization grid paver system which essentially instead of just having the um the crush shell on the lot There's a
sometimes plastic sometimes other materials to to stabilize it to make sure that that gravel or crush shell um doesn't migrate off the property and end up in the the storm sewers um that is a condition um in the condition list that if they choose that option um that they
have to provide some type of of grid stabilization and then they would present that um during their development order what exactly the material is Deviation 6 seeks relief from land development code section 10-416D2 table 108 which requires a 15
foot wide type D buffer uh when the proposed parking and vehicle use abuts the right ofway or road easement to allow for a minimum 10 foot wide buffer Um the staff's response is the applicant is proposing double staggered hedges at
a height of 3 feet which is should be sufficient to block headlights from parked cars infiltrating the right ofway Um the additional trees proposed um which are again in the conditions will provide shade for the public sidewalks as well as for the parked vehicles Um
deviation 7 which is the new one you're seeing now um seeks relief from land development code section 10-416D2 table 108 which requires a 15 foot wide type D buffer when the proposed parking and vehicle use area
absutment to allow for a minimum 5 foot wide buffer Um this deviation is necessary to allow the reduced buffer along Chapel to provide a greater buffer along the Pelican Watch um property
boundary So if town council prefers the master concept plan presented today as opposed to the one presented last month this deviation needs to go along in order to make that um that version possible Are there any questions about
the deviation before I keep going John any questions Vice Mayor I have one question So this deviation 7 just came about at this meeting correct
Yes So the applicant um when hearing the comments of the previous at the previous meeting about the Pelican watch and their concerns about noise and um disruption to their
the use of their pool deck They came back and they made that adjustment And in order to make that adjustment to have a little bit of a wider buffer there they need to kind of essentially move their activities over slightly So there's a slightly um a smaller buffer
along Chapel Street So they've kind of like slid it over a little bit in addition to the other changes But so this buffer becomes necessary um to accommodate that change So that's what I'm saying If you if you like this new version of the master concept then this
deviation has to go along with that I guess where I'm coming from though is that this deviation I'm getting into the weeds here technically has only had one review It's only had one hearing Does that make
a difference Does it need to have two hearings Do we Well um because it is what it is We don't know what the DA is Please we couldn't hear it sir We'll reread it for you Okay All right All right Enough
Please stop Please stop So there is the title that was read to the public um encompasses the fact that there are going to be um deviations uh that that there could be deviations that this is the project So conceivably within the
title uh language that was read um the public the neighbors the affected parties everyone is put on notice that there will be some changes made um to this Um you know it's always better to
have it in advance but sometimes that can't happen So if you wanted to proceed forward I think you could Um if I had my preference it would have been to have had it as a complete package but things
evolve Could this also just be something that can be discussed when we take this break and everyone can discuss so that there's no questions and then we come back as far as um possible conditions Yes
Okay So I'm just going to reread that number seven and basically say I think what you said or I'll try to say what you said Okay Um so it says deiation number seven seeks the relief from LDC section 10-416 D2 table 10-8 which requires a 15
foot wide type D buffer when the proposed parking and vehicle use area abuts a right ofway a road easement to allow for a minimum 5 foot wide buffer And essentially what that does is in the the first meeting when we had the discussion there was discussion to shift the project closer to the street further
away from Pelican Watch's fence line to create a larger buffer between the fence and this proposal But in that case it then shrunk the amount of area that there would be a buffer available on the other side of the project That is the reason this deviation was added to this
second reading which is which is on a street which is on a street versus a property versus a property Okay Yes Correct So that was the reason that this deviation number seven came on this reading versus the first one Correct
Did I hit it right All right Good job Okay So I'm going to move on to findings and conclusions Let just make sure Scott Okay Got it Go ahead Okay Um again as we did with the first ordinance we're
looking at land development code section 34-85B and C and 34-2162 Okay 34-85B Considerations In reaching its decision the town council shall consider the following whenever applicable One
whether there exists an error or ambiguity which must be corrected No errors or ambiguities exist whether there exists changed or changing conditions which make approval of the request appropriate The site was vacant prior to
hurricane Ian the majority of the site the re redevelopment of the site makes the request appropriate Mobile vendors/food truck parks are growing in popularity and this use is not directly addressed in the land development code which makes the CPD process appropriate
to resolve any potential conflicts with this new use So I just say that again that the all of the uses contained within the park are addressed in the land development code So restaurant food
sales retail bar commercial parking lot all of those uses are addressed in the comprehensive in in the land development code And as I said previously about the food trucks we do have an ordinance on our books that allow for it Uh the CPD
process is appropriate as I said to resolve uh potential conflicts and to ensure that the any development would be sensitive to the site conditions Three the impact of a proposed change on the intent of this
charter No impact on the intent of this chapter will occur Although the LPA or the town council may desire to consider additional regulation to govern this use in the future Um as the applicant presented in in their narrative other
jurisdictions have regulations specifically uh designed for food truck parks which would allow them to be developed um potentially by right without review from their board or council
We have the CPD process Um and it's been staff's determination that any food truck park mobile vendor park anything that involves uses that we have but a specific uh configuration that we don't have then we're guided to use the CPD
project So if something similar came forward in the future we would push them through the CPD project uh process just for clarity Okay Um four the testimony of any applicant The five the recommendation of staff and
of the local planning agency Six the testimony of the public Seven whether the request is consistent with the goals objectives policies and intent and with the densities intensities and general uses as set forth in the Fort Myers Beach comprehensive plan
The density and intensity request are consistent with the town of Fort Myers Beach comprehensive plan Mobile vendor/food truck park will program a space that has been vacant for many years preceding hurricane Ian It is by its scale pedestrianoriented for the
existing neighbors and the several newly approved development projects in nearby locations as addressed in goal seven Also the location is accessible from Lee Trans Service and a reasonable distance from the downtown zoning district on
bicycle Mobile vendors food truck operators in general are small business owners who may add to the Fort Myers Beach small town character as addressed in goal four The outdoor nature of the proposed development lends itself to integration with the public realm as
addressed in policy 4 A2 Uh the following policies are addressed by the applicant in the project narrative Um I'm going to list those four list several of those um policies
Policy 4C3 policies 4B5 and 4C3 policy 4C4 policy 4C8 policy 4 E1 uh policy 7D3 Um and I would like to state as I did at
the previous meeting um policy 44 which really defines the Boulevard Future Land Use District um does call for this area to be a mixeduse um area with both um residential and commercial
um uses It does call for any new commercial development to be sensitive to existing residential Um and that's what has been attempted with this list of conditions here is to address that uh requirement that we that commercial new commercial developments be sensitive to
the existing um uh uses Eight whether the request meets or exceeds all performance and locationational standards set forth in the proposed use The proposed development will be required to meet performance standards set forth in land development code
section 34-203 and 34-2032 Not 20 203 2031 and 2032 Whether urban services are or will be available and adequate to serve a proposed land use change Uh the urban
services exist in this location whether the request will protect conserve or preserve environmentally critical areas and natural resources Uh the request will have no impact on designated environmentally critical areas and natural resources The request does not include any revision to the
environmentally critical areas Whether the request will be compatible with existing or planned uses and not cause damage hazard nuisance or other detriment to persons or property Staff finds the request compatible with the surrounding land uses The potential for nuisance is minimized through provided
buffers as well as several staff recommended conditions for approval These suggested conditions include limited hours of operation to reduce the potential for noise nuisance to surrounding properties 12 Whether the location of the request places an undue burden upon
existing transportation or other services and facilities and will be served by streets with the capacity to carry traffic generated by the development The current request is less intense than the previously approved master concept plan and should not place
an undue burden on transportation services 13 for planned development resonings C section 34216 which we'll get to in a a moment Land development code section 34-85C which is findings Before granting
any resoning the town council shall find that the requested zoning district complies with one the Fort Myers Beach Comprehensive Plan Staff finds the proposed uses and requested deviations for the U commercial plan development comply with the comprehensive plan Two
this chapter The proposed uses comply with this chapter except in regards to the deviations Three any other applicable town ordinances or codes The proposed request complies with the town ordinances and codes except in regard to the
deviations Uh four for planned development resoning see section 34-216 Okay Land development codes section 34-216B The recommendation made to the town council must be supported by the
guidelines set forth 3485 which you just heard In addition the findings must address whether the following criteria can be satisfied A The proposed used or mix of uses is appropriate in the subject location Staff response is that the
proposed mix of uses is appropriate in this location as it is in the boulevard future land use The expanded boundary boundary area which you heard under a separate ordinance Additions to the schedule of uses and the master concept plan are appropriate The mobile
vendor/boot truck park concept with commercial parking is not directly anticipated in the comprehensive plan or land development code but is not in conflict with either regulation B sufficient safeguards to the public interest are provided by the
recommended special conditions to the concept plan or by other applicable regulations Staff response is that sufficient safeguards are provided for the public interest through required buffering at the property boundaries And additionally staff has suggested several conditions
to further safeguard the public C All recommended special conditions are reasonably related to the impacts on the public's interest created by or expected from the proposed development All conditions are related
to the impacts on the public interest D The proposed use meets all specific requirements of the comprehensive plan that are relevant to the requested plan development such as the following uh policies force 4B4 and 4C3 on commercial
uses in the mixed residential category is not applicable here Policy 4 B5 and 4C3 on commercial resonings in the boulevard category The mobile vendor/food truck park contributes to the pedestrian character of the town and the boulevard future
land use category The proposal is sensitive to the surrounding residential land uses Policy 4C4 on building heights taller than the standard height limit uh is not applicable in the situation Policy 4C8 on density transfers is not
applicable Policy 4 E1 on predesaster buildback is not applicable policy 7J2 on traffic impact analysis and potential design improvements that could offset traffic impacts Uh there are no
anticipated adverse traffic impacts Uh findings for deviation requests per section 34264 All deviations must be approved approved with modification or rejected
based upon the finding that a each item enhances the achievement of the objectives of the plan development The requested deviations are related to the efficient functioning of the master concept plan B The general intent of this chapter to protect the public
health safety and welfare will be preserved and promoted The proposed deviations preserve public health Each deviation operates to the benefit or at least not to the detriment of the public interest
Okay The deviations are not a detriment to the public interest and additional conditions um are recommended for the master concept plan and D each deviation is consistent with the Fort Myers Beach comprehensive plan Um the deviations are
consistent with the comprehensive plan Um so now recommendations Staff finds that the CPD with deviations meets the criteria set forth in section 34-85B and C and
34-2162 of the land development code If the town council finds that the applicant proposed parking calculations um which we didn't discuss this meeting but we discussed at the previous one based on other local regulations is regulations is appropriate staff
recommends approval with conditions Um the recommended conditions are listed I'm not going to read them now because I think we're going to go over them after public comment and then we can go through them one by one if that's all right with you Um I did also want to state for the
record when we're talking about conditions because they go into the ordinance to keep in mind that the ordinance should be enforceable either through zoning or through code
compliance and part of an agreement with the it's a regulation for the town So if there is something else you'd like to consider it may be appropriate to consider an additional agreement or an agreement between two parties that are
don't include the town Um so when thinking through the the the conditions um to keep in mind things that are either enforceable by zoning so they're going to be reviewed that's why I've separated into those three categories So
the site specific so those are going to be reviewed upon development order so staff can enforce them we can go through the checklist and make sure everything that they're proposing is there or things like the operational hours which would be enforced by um uh code
enforcement So the the noise the hours of operation things like that Um if it's something outside of that realm and Nancy may be better able to help you define that it may be more appropriate in an agreement that doesn't um happen within this ordinance we're considering
now because as uh came up previously this is a resoning ordinance that's going to govern the use of this property um and should be specific to the um the boundary and the location that we're we're discussing here today
Okay All right All right Public comment Um I have the same as the first hearing signed up uh would be Susan Bunfigley Following Susan is Ed French
if you know uh Sandy Spitzer Okay Hello again Hello Good afternoon this time Yes Um I'm Susan Bonfigley I live at 2434 Cottage Avenue and I have been sworn in Um I I just want to make a few points I've written to each of you so
you've received several emails from me Um Obviously the business operates outdoors It's not just the amplified music That means people playing cornhole screaming all the noises that go with
that that encourage more noises Um that's going to be an issue I'm not sure exactly um how a commercial parking lot fits in with the uh need of more walkable businesses but we're looking at a commercial lot that is not supporting
a on that property because once those originally 45 spots and now 39 spots and four golf cart spots are full there is no parking available for this food truck park Um it's going to bring uh vehicles onto our residential street Great You
have the right turn out of onto Chapel Street but even if you have those signs there's no parking available I live there right now We have the parking lot on Mango Street people going through all the time Mom's right now doesn't have parking People could be parking in that
Mango Street pay parking lot They are not I have to at times wait for someone to move their car from across the street so I can get out of my driveway The streets are narrow Two-way traffic is difficult I have had opportunities where I want to
turn left onto Chapel Street There is a left turn lane there when you're heading northward I can't turn in because the person coming out has blocked both sides of the road It's very narrow and people are unfamiliar familiar and they don't
realize they're blocking it I have pulled up and I've turned on to Mango to get through but I foresee that this is going to be a major congestion point And now with our new firehouse right across the street that might be counting on that middle lane to get through they
will not be able to because people are waiting in line to get tickets to get into the parking lot So that's a big concern for me as well I also want this council to consider what other councils have considered in the past Again I just mentioned the Mango
Street parking lot Ordinance 18-07 applies to that particular parking lot It's only one street over and that ordinance says that they can only operate year round but only between the
hours of sunrise and sunset That parking lot which is a neighboring competitive parking lot already has that restriction Again it's ordinance 18-07 Mom's has ordinances applied against it again on the same opposite
corner of Chapel Street Ordinance 17-03 that says that they have to close by 400 PM and they are not allowed outdoor entertainment And now we're saying directly across the street we are going to allow it when there is an ordinance applies to moms
Basically commercial endeavors are fine but keep it inside not impacting the neighborhood It needs to be sensitive to neighboring residents as stated in some of the things that were listed Need you to wrap it up for me That's it That's that's what I have to say All right
Thank you Thank you Um Sandy Spitzer Sandy Spitzer owner and Pelican Watch and I had been sworn in earlier The very fact that we are having to consider buffers
landscaping trying to move the sound so that they're not intruding on property proves that this is an intrusion on property Otherwise why would you even have to consider it Why would you have to why would you have to
consider buffers and oh yes we're going to have trees We're going to have shrubs were going to try to keep people away from the fence at Pelican watch with landscaping there Well that tells you right there That proves right there that there would be a problem That there is a
problem Thank you Thank you That's all I have signed up Come on up Okay Raise your right hand Do you swear or affirm that the testimony you're about to present is the truth the whole truth and nothing but the truth Yes That
was hard to say It was Monica Tezac 244 Cottage Avenue Um I just want to bring up that again the developers never contacted myself who is directly in impaired by this this project only
Pelican Watch and a couple others They've never contacted us Um again the concern with the parking on the road 30 foot wide Chapel Street for 18 years that we lived there
before Ian hit I called every day Somebody's parking from moms They're blocking it I can't get out of the road Who's going to maintain it What staff member is going to be there 247 to get
these people off the road You guys aren't the the beach patrol is not I called them every day Every single day And I had to call them again They're right across the street Town hall's right across the street Every day I had
to call because I can't get out of the road because people are b are parked on both sides Put a food truck parked there with moms Never going to get out of my street ever How many times did I call to say "Look at all the the garbage that needs to be cleaned up."
the beach patrol doesn't do anything about it How is this going to be any different It's going to be worse The other part is um the owners don't live next to this property They want this They want to make revenue I get that But it's not
affecting them And evidently it's it's not affecting you guys It's affecting us as property owners Our devaluation of our property That is unfair to the property owners You guys really should think about that How is it going to affect the residents Who voted you guys
in The residents Think about that Um as the Pelican watch owner says that the distance for food trucks never had them in a residential area Couldn't find anything Why would
you even consider putting this in a residential area Consider putting in Times Square That's where all the businesses are Why would you consider it a residential It's beyond It's beyond anybody's comprehension And the last thing is is
the neighborhood group I see you guys do a great job Nothing has been they've never lost with you guys the the count the staff working around the clock to get this to work for those guys not working for the residents
not working to see how it's going to impact us They don't care about us They care about the developers So think about that when you guys are voting It's it's it's shameful It's just shameful that our town has got to this point that they don't care about the residents at all
You should be ashamed of yourself Yes sir Hi D I can't reiterate that anymore You know I mean we've given you every reason not to and you're bending over backwards for a developer that in March of 2023
Rainbow Reality Group the developer associated with this project proper project reached a $750,000 legal settlement with a fair housing center of central Indiana after being accused of running a predatory
rent to own housing scheme The program misled lowincome families many of them in minority communities into believing that they could own homes only to later evict them after they had invested time and money
into repairing uninhabitable properties This is during CO What a scumbag This is not speculation This is well documented by multiple legal filings and press releases from the Fair Housing Center
National Fair Housing Alliance and illegal representatives involved in this case The developer used exploitive contracts inflated pricing and deceptive promises The settlement included loan forgiveness and restitution but
importantly Rainbow Ready did not admit wrongdoing a red flag in itself How can this town seriously consider granting special zoning permissions to a developer with a history of preying on vulnerable individuals If the town moves forward
without examining these facts and their implications for our community it opens itself up to liability public backlash and long-term damages to the integrity of our zoning decisions We must ask can this developer be trusted to act in the public's
interest I say not It's not acting in my best interest And I'm I'm I'm a resident I'm one of his neighbors Is there any measurable public benefit to this project that outweighs the demonstrative history of the harm Tell me is there any benefit at all You
could put that food truck parks go to the commercial places When my mom had when she was back in in the 60s the food truck come would come to their places They're not permanent structures Bay Oaks would be
the best spot for it If not Bay Oaks the town but the towns with its with its zoning has has limited the downtown developers to putting in parking So they're pushing parking into the residential areas I got property on
Polarmo I got a couple empty lots now because my house floated off And you know what I can't keep people off it Just like when I'm not home over at Chapel I can't pe keep people off it So by by limiting the amount of downtown
parking has pushed it now into us We're becoming CG subdivision is becoming the parking area for the town of Fort Myers Beach Thank you Is there anyone else that would like to speak Yes Come on
I' I've been sworn in Carolyn Macauen Pelican Watch condo I just wanted to thank you Is that better Yes Yeah Thank you I just wanted to comment on Pelican Wedge's request for the security gate at the north entrance and it has to do with
cars coming into the area the volume of cars especially during season spring break and all the hightra events and moments that we all have on Fort Myers Beach And it's the the volume of traffic coming in It's not
the the the 45 spaces that are being vacated by people leaving the lot It's people coming in deciding for whatever the reason to that they're not either going in or can't get in or whatever So what are they going to do They have to
decide on a way to get out That is our concern And it is a dead end at the end of Cottage Street And that's the north entrance to our under uh building area You've all seen it We've invited you all to the onsite and that was a big concern
I just wanted to clarify that Thank you Thank you Anyone else like to speak All right Seeing none close public comment No You guys want to you want to do you have any rebuttal
for anything That's what my cheat sheet says I'm supposed to ask you I think we were going to do that after a recess where we have the opportunity to talk to respective clients and meet if that's agreeable to council I think that's fine Everybody okay with a we'll
take a break now It's 1:00 We'll come this is a lunch break or a lunch break Yeah we'll come back at 1:30 That work for everybody That gives everybody enough time or do you need more time We can revisit it at 1:30
Yeah they have to come back on Okay we'll stand till 1:30 back All right we'll call the meeting back to order It is 1:32 Who would like to go first You guys
Okay Uh good afternoon For the record my name is Patrick Vanass I'm a certified planner with RWA with the neighborhood in and uh I wasn't planning on talking today but I I I kind of feel compelled to address some major issues Um first of
all I want to thank you for your time and I I really appreciate the efforts of uh some of the folks um that have come up and provided some constructive criticism and trying to find a compromise here Um but I I I do feel
compelled to address some major issues that came up and then I'll turn things over and they're going to go into the details So the first issue I really want to address is this testimony from Mr Simmons and
then that was reiterated by the condo association president that they've done an extensive national search of all food trucks They haven't found one food truck park next to residential uses Um I'm
confounded because if I look just in our neighborhood Southwest Florida we have a food truck park along Beayshore in Cer County that is right next to residential We have a food truck park in Bonita where the side streets right next
to the food truck are residential Mr Simmons was at a real estate conference uh showcase two weeks ago and he presented uh to a crowd of over a thousand people
and he mentioned that he was working on this project that was very exciting and they were going to put uh a food truck park in Cape Coral uh right next to redevelopment with some multif family and that people were very excited about this new food truck park And last but
not not least um I had a conversation with Mr Safford after his recent uh trip And one of the discussions we had is he stopped by Mexico Beach Again that's the the other
community in in in Florida that most resembles Fort Myers Beach that's been devastated by a major hurricane So he stopped by and he went to see that and he was telling me that um about the only commercial they have right now is a food truck park right
next to residential Uh so so I want to make it very clear that this is not a precedent and I don't know what kind of national search was done but I think it started maybe in the northwest and never made it to Florida
So my first point uh the other points I want to make is is look we we've got to be careful and we got to look at these project and step back a little bit because some things that are being suggested here I think would be I'd be concerned about some of these precedents
for this island Uh there's been mention and a request to put in a crosswalk and a traffic light along the stair right by our project I think many of you know that to be able to put a traffic light you don't just choose as a municipality
to do that You have to work through FDOT Lee County DOT and it requires certain warrants Uh so you have to demonstrate and prove that there's a need for the traffic light Um the Before you move on I was thinking
about that during the break Isn't there a crosswalk already at Chapel Street Yes And there is That's what I'm um the other thing when it comes to um amplified sound uh live music
um we've had a discussion I think our client is willing to make a further compromise but I just want to address this from the standpoint of of wanting our businesses on this island to succeed So it it might not be
um the primary um driver of the business plan but they're trying to build a successful business and they have many tools at their resources And that's one of the many tools but as we know we have
summer season where things get very quiet We've had to struggle with red tide and and storms and major issues And if we can give them one extra tool that can help them be successful I
would say let let's please consider that They're willing to make some some significant compromises but let's not take that right away Um the other thing um when it comes to
the the security gate um for Pelican Motors by all means we representing the applicants and working with the applicants want to do everything they can to
address traffic and to mitigate that They want to do everything they can on their property I think it sets a dangerous precedent that's somehow an issue and a problem that has existed
even prior to Hurricane Ian that there is a lot of traffic in that neighborhood and that people go turn around on um an adjacent property They've known about that issue for years and years and they
have done nothing to rectify it And then turning to another entity another property owner and asking us to rectify that for them I think that's a that's very concerning to me and I think it sets a dangerous precedent Uh last but
not least um by all means I think we are we are ve very willing to accept conditions and and this this idea of providing safeguards to address any potential
impacts But when it comes to land use law and I'll let our attorney address that in further detail if he has to uses go with the land And again let's not start talking about changing land
use law and somehow limiting this use only to the current owner We we know that um it's not how it's done throughout this country and uh there's a lot of you know law uh unprecedented backing that up So with that said I'm
happy to turn this over if you have any questions for me I'm going to be right here and uh available for discussion Thank you Thanks Patrick Ken Galander for the record neighborhood company I believe staff as when we made some
copies provided you our latest strike breakthrough It's a redlinined version of that in our effort and what we've worked on uh and prior about a week and a half ago We also had conversations
with Nancy and staff um unfortunately Judith you were out of town a way for us to further clarify our conditions what was directed of us I do have a version of that that's additionally colorcoded
similarly I hate to give you another document to look at but again our proposed conditions are what we presented to you before Those are where we would like those to be established Now I want to highlight what we heard up
to this point and what we'll do in terms of further edits to that So I can just jump into those Or I think what we're trying to do is do you agree with our conditions or staff's conditions or I I
don't know how best to proceed here I just want to do it methodically Well I think Are there any changes to what you've given us already You said you've got something up there Sure So why don't I just hit on Yeah let's hit one
And again we're looking at the red underlined I just want to make sure has a star on it Has the star on it I just want to make a star because I didn't mark them all So what we heard in we're going to look at condition eight This is the amplified
sound I thought you just wanted me to hit on what we're wanting to now make changes to Well I think what we're going to have to do is who John where Nancy what's going to be the best way to do this for John Um it
it is very confusing my suggestion and I don't know uh Jason if it would be possible to somehow put the language on the screen um so that you know exactly what you're talking about and what you're voting on well I guess what I'm getting at more is sounds like there may
have been some discussion there may have been some changes to it yes how are we going to get to so I could jump to those or just go the ones that you have discussed that need changes that you both have agreed on what I wasing that we could start
with I don't see Mr Tzac because he should have a copy of this as well He left Okay They're working on bringing that up Okay Okay So looking at the
starred sheet looking at condition eight Okay she's got it Great And we are wanting to alter the maximum So it's a maximum of four days
per week and four hours per day between noon and 8 So six they changed it So you're just changing the hours per day from to from six to four 4 16 hours But still 4 days
wait 4 days with that we've reduced that beyond what we heard from our neighbors the opposition that was 18 hours So we're dropping that additional two hours but we want that 10
p.m hours of operation So then the seven so six and seven would stay the same 6 seven and and what is now 11 Okay
And you said and this was agreed upon from both sides or this was just your we hadn't had a chance Yeah This okay we're putting that out on the the table All right Unfortunately this I believe how we're going to have to then condition 14 which
is added language uh regarding special event permits We're wanting to delete that number and require any special event permit that this property has to come to city council for approval
So you just want to eliminate the number and just if we want a special event permit we have to come to city council for you to evaluate it the request what is being proposed Isn't that way it's done now currently This is a guarant So we can do up to six
You can grant more but no matter what special event permit no matter what the topic if it's because it series of what those special events are under the I'm just saying though currently special events come to the council So that would be administrative
Well that would be that was kind of my conundrum was that was the six basically granting you six That's the way I read it was the way this was worded You were going to get six and you wouldn't have to necessarily get approval from council for special perception The way it was
written before this discussion correct That was that the intent No more than six six special event permits per calendar year And now what you're proposing is to eliminate the number and do the process in which we do now You come before council for every special
exception that you would want to ask Correct Okay Does that help Jenny anymore Nope You cleared it Thank you So they're not sexing up our time Even if it's administrative because even if it's administrative they want to come before
council Yeah we we want to be transpar we're going to bring any special event to you whether it's so ju if I mayor just for the record you have to have plenty of notice you can't
come in three weeks before the event and expect it to get to the council It'll be I I won't be here but it'll probably be denied So just understand what the process is Yeah it's usually 45 days So once you come in for that application depending on what it's going to be if it requires fire or police which would be
LCSO you have to get those simultaneously as you're getting the towns those work independently from the towns They all come back together We look it over It gets presented to council That's what everyone else in this community abides by and right So once it gets approved by
those other two entities fire and LCSO staff kind of coordinates everything and we bring it before council It's usually 45 days before an event to submit your application Correct Correct That allows and then that process is an additional
once it's submitted right It has to be put on the agenda For the record Patrick Vass uh just to to clarify uh let's say we have standard um events that we know are reoccurring
we can kind of put in a reoccurring request also and have it six months eight months in advance Y that's fine Okay Thank you The larger advance time that that's what you're supposed to do Um you know we've kind of gotten barged over the last year or so since we've
kind of got back up and running where people come in the Friday before the event on Saturday We just cannot coordinate that especially with the other two entities fire and LCSO They require a lot of time to evaluate staff uh easing off and beers off the islands
those type of things Yeah So and and the reason we're doing that and I think to address Scott is you know we we want to we see that it's a point of contention Um we are confident that when we are going to request a special event it'll
be for good reason that it'll be welcomed by the town So by all means if it's going to be a point of contention let's eliminate that and we'll come to you guys Not a problem Okay That's that's it That's it in terms of uh those amendments Okay And again what
we presented during uh my testimony before are the other conditions that we would like uh your consideration approval for All right Judith you want to go through all these
So um if we're working from the same sheet that we just talked about um in in terms of going through from the beginning staff has no issues with their changes to item two which includes all of the the various u buffering and
number of trees and everything They're actually um proposing to install um taller trees than staff had uh suggested initially So they're going to be more mature trees at time of planting which will immediately provide more of a a buffer and more shade and more um you
know greenery to the the project Um so we have no problem with um the there are proposed changes to two um uh number three So two in its
entirety as it's written here Yes Unless anybody has any questions about that I I think that that's actually providing uh more landscaping to the property So sure we're okay with adopting that um as a whole Um number three um if you intend
to adopt the master concept plan as presented today the the amended one that has the the change from 2500 to 3,000 square feet um that they're requesting So that's what that
is Um and then again six we have 900 p.m on ours They're asking for 10 So that's for you all to um decide on And
then you heard about their suggestion for eight I'm sure the the interveners representative has their own thoughts on that as well Um it was so this I just want to be clear when we're talking about that So
how it's written here is that amplified live music or amplified live entertainment is going to be restricted to those hours So that's performance music four days a week for four hours a day So that ambient music canned music
could be the remainder of the time Um if you want to restrict further restrict ambient music non-live music um you can add that there in that place as well but it's not there right now
Um and then I don't know if Ken said this or not So in eight ambient music is permitted and will be no greater than 60 dB That's um less than the town's ordinance
Um so nine is all sound generated will be in compliance with the Fort Myers Beach noise ordinance We should probably add a a comma or a semicolon there except in cases where the conditions are more restrictive Well is it even I suppose you still need
number nine because of the live music aspect of it Yeah What excuse me what is the decimal What is the required decimal for ambient according to town 70 75 or 62 72 or
something 72 is something like that It it it varies depending on the time of day It's 60 for restaurants That's what this is based on I don't think it's If you give me a minute I'll I'll look it up specifically We have a a table We got enough computers in front of all us We
should be able to figure it out Challenge accepted So it says the sound levels residential or public space from 7 to 10 is 66 uh commercial or business is 72 and 65 That's what I'm seeing anyway Yes So
the 72 is 7 a.m to 10 p.m and then the 65 is 10 p.m to 7 a.m Yes So and that's just general commercial business Commercial or business So what I'm talking about is is potentially editing what's here because what we have written
now is that ambient music is permitted and will be no greater than 60 dB Um if is is your intent that live music also be limited to 60 dB No No Okay So in
this case um nine which says all sound generated on site in compliance I mean it's all going to be in compliant because 60 is less than 65 or 72 right Um but what they're
proposing is more restrictive for the remainder of the time that you're not permitting live music live music Right So number is going to be less the ambient music will be less right at those outside of those times So number nine could be edited to
say all sound I mean number nine applies except when further restricted So is all sound generated on site will be in compliance with Fort Myers Beach Norris's ordinance article 2 chapter 4 comma except where further restricted by this agreement
You okay with the legal end of that that except where uh otherwise more restricted Yeah I think we can get the language correct Yes We don't
except where otherwise uh restricted here in No can you live with that Okay Okay Um and then they have um the following one which is nine or 10
we kind of uh deviate numbering wise but the they're again asking because the comfort station with the restrooms is limited to the hours of operation So whatever you decide for the hours of operation whether that's 9 or 10 p.m will have to be changed for this condition Also
um next per deviation 10 we talked about that the stabilized um and that was the LPA asked for that that to require them to use the um grid or impervious behavior system to retain the materials on site Okay And then we talked about
the special events Um in thinking about this the the one above where it says temporary use permit must be obtained for any special event I'm not sure it makes sense to require them to get a temporary use permit and a special event
permit Agree Uh a special event permit I think we could strike through where it says temporary use permit and just put in special uh special event permit must be obtained for any special event where additional vendors of any type and or increased visitor numbers are expected I
think that would cover it and reduce um okay and continue down to the end Um so we had taken out the operational compliance plan We heard last meeting
that that wasn't desired Um I had included on my list the parking uh operational plan Um we can include that as one of the operational elements if you like I mean you heard what the applicant presented whether you wanted
that included here um or not Also included here is the um the sun shades It's on is it on the master console plan The sun shades not on not on the master console plan So if that is
a vitally important we would include that under um the um site elements that would be reviewed upon development order If you those are um important we would add that as a condition
So the sun shades and what was the first one The parking or the the the parking operation plan Um as they as the applicant has u presented if that is agreeable to you And the sun shades
sunsppy thing Okay The intervenor has some additional uh items that they're asking for So I don't know whether you want to want them to go over those I think that I think it would be best if Can you work off of the
same sheet that we've Okay perfect Because as much as I thought this would be helpful sounded good You just gave me more papers on Thank you Jim's in his comfort zone over here Thank you very much And again for the
record Katie Berkkey I have been sworn in on behalf of Pelican Watch the Dan Fords and Ed French um working off of this list and just funneling into what's material at issue We already presented our our conditions in full and closure 7
in your agenda packet but I'll hone in on these particular ones uh for the red lines to see the east boundary line buffering Again there was a conversation had on Saturday between the applicant's agent uh Mr Myers and Randy the
president of Pelican Watch where it was agreed to that a wall extending from Mister Boulevard to the structure along the eastern boundary Um again which is the Pelican Watch amenity and pool area Um that was agreeable to the developer
and the investors as we understood as of Saturday So we would like that reflected whether it's a fence or a wall We can be flexible but Okay Well let's let's find out if you don't mind just he seems to be ready to answer that question I apologize that was an item similar to
what we're proposing on cottage would be a 4 foot decorative fence from Astero Boulevard to the structure It's consistent with the language uh on 2 a 4 foot high decorative fence
So that same language would be on 2C along east property line extends from Astera Boulevard to the proposed park support structure a 10 foot minimum a minimum 10 foot wide buffer with 4ft high decorative fence
Thank you So we ask for that to be incorporated in 2B and also on the master concept plan I'm sorry 2 Moving along to the hours of operation Again we feel very strongly and are in agreement with staff about the 900 pm As
a compromise we would be open possibly to 10 p.m in the summer only because they their expressed concern was for sunset And again this was purported to be a familyfriendly project I don't think families necessarily um desire
that one extra additional hour but in the summer when sun sets later that would be accommodating of of that desire Otherwise 9:00 p.m What would you excuse me what would your definition of summer be Just during daylight saving time or you know from um after season's over
daylight daylight savings are um I don't know the true date of summer Is it um summer solstice or or would you go with hard dates turtle season I'm just using that as an example That has hard you know if they have hard dates You know it's going to start this day you know it's going to
end this day Yeah I'm asking you um daylight savings seems reasonable Um or turtle season but not for the balance of the year when sunset is much earlier And that would be applicable to
conditions six seven and 11 as revised So can I ask is it turtle season or is it daylight savings time Well it sounds like daylight daylight savings time Okay Okay Thank you
That's fine with my client during daylight savings time So 10 p.m during daylight savings time 900 p.m outside of daylight savings time Correct Okay So I think we have agreement on that one Okay Look at that All right With number eight um I'm
afraid we're going to still have to agree to disagree Um our our request remains um we're open to ambient music 7 days a week from 12 to 8 And then for live or
amplified again we're seeking the three days a week 6 hours max from 12 to 8:00 p.m Okay So just ambient only from noon to 8 So other words no no music outside of 12 to 8
ever Okay 7 days a week ambient up to the 60 dB And then for the live or amplified three days a week max of six hours per day So that would be for example Thursday Friday Saturday 12 to 8 Okay
And um the live and amplified music would be governed as we um as you all already discussed by the noise control ordinance The ambient would be governed by the 60dB which is more restrictive than the noise ordinance depending on the hours and that table there which is
again prompting the need for the requested revision to condition 9 for the conditions are more restrictive that will control as compared to the noise ordinance I think we're all in agreement on that one We already touched on 11 the hours of operation the closing hour namely
condition 14 the special event permit Um and again we're asking four individual event permits on singular days and and still remaining a concern on consecutive days um with the opportunity um for
council to approve with an opportunity for public input as compared to the the blank check to come to you all for any number without any ceiling because then the burden becomes on the public to keep a prize of your agenda and physically be
here and testify on each individual request Okay Number 25 Again the applicant was agreeable to um the the design to um restrict to right only exit movements
onto cottage I just want some clarity in that condition And on the master concept plan they had indicated a design a pork chop as an example So if that could be reflected and then also um a right turn only sign at the exit which they had expressed in previous conversations they
were amendable to doing and that could be incorporated into 25 And just to clarify this because there was a speaker earlier that I think was maybe a little confused and was thinking that the right turn only was going to be on to Asterero Boulevard the way that they were talking and that's an existing driveway for the
applicant today on Astero but that will as I understand only be limited to the mobile vendors in and out The primary entrance and exit will be on to chapel I hope I'm not Yep Chapel Um and so it would be a right exit movement so folks
don't then get deadended in the residential neighborhood trying to get out Yeah I just wanted to be clear that it wasn't a right turn only off chapel onto a sterile boulevard Correct I think that's where the confusion was with one of the speakers earlier Okay And we're clear on where that particularly is but
we just need clarity on what that design will look like on the master concept plan and in that condition and also request the addition of a right exit only sign in that in that space Um we are still supportive of staff's
and I guess it was the town council's recommend I'm sorry We're okay with that last one Just want to put that right only is fine And then adding language that requires a pork chop standard pork chop style design to make sure that the cars have to turn
Okay Thank you and we're remaining in support of town council's uh discussion at first reading and staff's recommendation about the parking operation plan Um just like the sun shade sales um if it's not binding in a condition it's a great graphic it's a
great um ambition but it's not binding So those those parking policies uh or operational notes while appreciated this would have some enforcement mechanism going forward and be binding just like the sun shade sales that are seemingly going to be
incorporated affirmatively as a condition as well And the last item less less of a priority than the special use permit items and hours and whatnot and live music Um but again 29 we respectfully request a traffic impact
statement not a less robust and meaningful trip generation study and we ask that the TIS include that error in the 2008 or account for that error from the 2008 TIS that I already referenced and Mosen Ley
referenced in the record already and we're we remain available if you have any other questions of us when you guys want to come back up Oh and and again we respectfully request um
the security gate and signage at Pelican Watch which we already put on the record The other item was I'm sorry bear with me because it's not in these latest red lines was the inclusion So our proposed condition
number 30 is that agenda packet page 591 that was um holding funds in escrow for a two-year period after the site's operational and if a security gate and and these infrastructure elements are not needed based on how the site's functioning that money could be returned
But in the alternative what we proposed was a town permitted deadend sign at the east end of cottage at the applicant's property line within the proposed 10- foot wide southern buffer as shown on the master concept plan So that would be
condition um and I'm sorry with the numbering changing 33 maybe two 2e E the south property line buffer and then where it's shown on the master concept plan if that could include a town permitted dead end sign again at
the east end of cottage as you get closer to Pelican watch so as people approach they know that the street dead ends and people are less inclined to use Pelican watch as a culde-sac don't we usually have like no out like no outlet or something
no through traffic or it's been there for years So that that's what's also prompting the fence discussion um because I guess before Ian there has been signage but without enforcement and it tends to fall
on deaf ears But we did um present those two options and again um I think it was Judith had mentioned that some of these discussions are ripe for either an agreement with uh between the applicant and the town or the town the applicant and the county and some things are ripe
for private um agreement We did approach the development team with the prospect of a memorandum of understanding So to the extent they were amendable to certain things outside of your proceedings today we could agree to those privately but unfortunately they didn't take us up on that offer So the hope would have been the fence and
things that are personal to individual aspects of this could have been incorporated in that agreement but they declined So we need to get everything inside this agreement if it was to be approved is basically what you're saying or what is being said Okay
Any other questions of me at this time No Scott no I'm good Thank you Not at this time Okay John Good Thank you very much Do you guys want to come back up about those couple of things You can either say yes no but at least when
we're going through our discussions we know where you you stand on the ones that you are have been already said I just like to better understand the desire for additional signage Uh you want that identified on
the master concept plan where those go is and and written into the condition in terms of our buffering I understood it is you want they want the sign within the buffer the dead end sign should be within the rightway all
your directional traffic movement signage is within the right of way So should be in the rightway So it should be if we're going to add language it would be 25 where we're discussing directional and restrictive vehicle access signage eg no
through traffic will be provided primary access along Chapel Street and Cottage Avenue We're we're committing to that There are standards from what I understand in terms of where signage goes in terms of separation from intersections and things like that So I
can we can go through and figure all that out on a master concept plan but it's really appropriate at time of permitting within the ride ofway in my opinion I would like if staff has You're correct Ken Oh sure
Can I borrow your MCP Sure Unless you have proprietary notes so you don't want me No I'm just trying to make um and and what I was envisioning and I understand it's right for time of development order but I think a condition that's protective of that intent at that time is preferred So right now for example it
says minimum 10 foot wide buffer town permitted rightway buffer no parking signage and infrastructure And I think there was one other spot that said town approved Oh yep On the on the western side um no parking signage and infrastructure And what I'm envisioning
is kind of um and I'm not sure if it's O Lock or Whitehead but in that um the eastern the southeastern quadrant not necessarily within that buffer but a note on there that it's town permitted either no through dead end or or
whatever would satisfy public works and county man town management Um but that's the hope and because it does refer to town permitted signage in other spots on the master concept plan So we're looking for a similar note with respect to that particular sign
Do you planners understand what she just said So I think on our master concept plan as she pointed out we do speak to that effort of putting the chain or the rope and the no parking
signage We can further clarify those notes to say and restrictive signage no through traffic I think Ken that's what I'm trying to get at Are you looking for specifically a a sign that says this to be put in
here or just restrictive sign saying that it's no through traffic or it's a dead end No through I I'm trying to understand exactly what you're looking for them to It sounds like we're close but maybe Judith you can help Sorry So this is probably not going to be that helpful But um
there there there were signs prior to Ian I'm not sure what the plan is to sign replacement I would caution some of that um is an there's an easement in front of
those two properties there before you get to Pelican Watch along Cottage I'm not sure what ability the town has to put sign We'd have to look into that what ability town has to put signage on these uh ease easement rightways I would
be more comfortable if we're putting it on town owned right ofway but then I would look to our public works director like is this part of our long-term plan to put signage there Do we have enough width on the right ofway There's a couple of questions here I wouldn't want to put it as a condition and then find
out later it's not part of our the town's long-term signage plan I don't think it's it's I think it's helpful to have that but um leaving staff a little bit of leeway about exactly where the sign gets placed I think would be
helpful Um and and I'm looking at Frankie I mean I think there there's there's a um a plan to put signage back in certain locations So if it's already part of the town's budget let's say well then there's really no problem The
question is are we having a private developer install a sign on the town right ofway Then they they need to get a permit to do that That's a public works permit It it just complicates things a little bit I don't have a problem with the the signage I think it's a good idea but I would ask for a little bit of
leeway for staff to be able to to accommodate that Makes sense You're basically saying we shouldn't put in the agreement specifically where a sign's going to go Well if you put it on the master concept plan when I when they come in for the development order I'm going to go through and check off They
don't have a sign because they don't know maybe they don't know where the sign can go Maybe you know town staff has said "Please wait We're doing this in a certain order or we have a plan for that." And then I can't approve their development order because they don't have the sign you know as part of their proposal Because they don't know where it's going to go and then that holds
them up a little bit Um just some things to to think about giving them giving at least town staff a little bit of leeway in deciding where that sign goes and when it goes in and to be in compliance with right away Okay
Judith's concerns Um I was not suggesting a specific location and certainly not on the Whitehead or um Olaflin property where the easement is So in the right of way before that easement starts And the note we're looking for is very similar to the
note they're proposing on the master concept plan on the east side where the no parking signage and things are So um looking for a similar comment and as I understand from Pelican Watch representatives before Ian near the
corner of Ed French's lot which again um Ed French is the owner of 2548 2550 Cottage A Before Ian there was a dead end and no through traffic sign um which we would love to see put back in keeping
with our request today but also prompts or underscores why we were asking for the Pelican watch fence because uh the security fence I mean because those signs were not historically effective for a historical problem that's pre-existing this project that is
foreseeably going to get worse as the project becomes operational and is very popular Okay musical chairs Quick final comments Um I just want to zoom out contextually I I think from here you've
got what you need council to make a decision on this I think that there's substantial confident evidence to approve it and to approve it with the conditions that um are in front of you So at this point you know we need your guidance and final decision- making on the specific language of those
conditions Um we're my clients I think have been very very generous with this process and are continuing to to give and give and so we're um I think you've got before you that the final set of language I think um the position is clear on our
side that if we haven't agreed to it on the record um we can't at this point but uh there's certainly a lot of evolution and changes and concessions and compromises since we first started this process with the town a year ago So with that uh nothing
further from applicant unless there's questions Okay I did have a quick question about the the the TIS the traffic You guys haven't really touched on that that they were you want about the TIS Yeah
So I our opinion again is that the condition 29 with a trip generation study and being at the time of development or application for the town again if it perhaps we consider if it is found that the TGS or
the trip generation study is of an impact then we'll be more than happy to do a TIS So by finding that there is an impact then that triggers the TIS Is that your is that how it works Judith Yeah Um
the I not a traffic engineer Um my understanding is that I'm not sure the the intervenor is saying that their their expert said there was a mistake I know there's been a change in policy how these things are done You know they they
revised their um uh guidelines over the years This was done in I think 2008 so it makes sense Things have been changed Um that's what makes sense to me is to do this trip generation count and then we'll see whether it's warranted to do another traffic impact study What I
would ask you to consider is say there is a increased trip generation and they are asked to do a traffic impact study then then what happens It becomes part of the record but it's not really impacting the design or the development
of the site It would just become part of the record in case you know in 5 10 years or whatever they came back again Okay I think I understand what so basically you're saying at least
you'd have it documented or what what the results were documented not that it would change the building or what you would be doing Yes Go ahead I think just to clarify and I
think it's going to be helpful for you but also the public So let's keep in mind that there was a CPD already approved on the property They did a TIS at that time The reason we did not submit a
TIS associated with this this round of request is that we were deemed to generate fewer trips to have a lesser impact than what was already approved So I think moving forward the idea is you
go through the trip generation study and if the conclusion is yes that assumption still um holds true that it's fewer trips then no need for TIS should there be more trips at the time of DO then we
would go through a full TIS that would talk about where the distribution of uh those trips are going to go Hopefully that clarifies a little bit with this at least for me Yep And then the only other thing was the uh
the parking operation plan You guys want to touch on that or there was you could put what we presented into a condition Okay I think that's what they were asking for essentially is what you presented into a condition Yeah I just
want you know it was a council member staff I'm very h very happy with with that so we can land just write that I guess there was there was some question is how are you going to know how many short-term or long-term doesn't really matter the way those things those parking things work with the number is
it's just open tickets so they don't know if it's short-term long-term it just knows that hey there's 20 open tickets so there's there's 20 spots available that's all super easy So we were willing to put that language
that we presented early into a condition All righty I think we got we already did public comment so back All right Nothing else from either side You both are good Yes
N just one final thing on the TIS There's an assumption that the trips will be fewer and we're still unclear on what basis that assumption was made if traffic analysis hasn't been performed at this point So um well I I I agree to
disagree with the applicant team on the value of a TIS at time of development order Well I certainly don't want to speak for Patrick but what I took out of what he said was they did do a TIS for the previous the 0728 master concept plan which had a
which was more intense and more dense than what they're proposing now They're that's why they didn't move forward with another TIS That's what I but again I don't want to speak for Patrick but that's although what our expert noted was a flaw in the segment um they purported to be fronting a segment that
was um not failing when it is in fact fronting a segment that is failing So any kind of analysis at time of development order needs to correct that baseline error for this endeavor to be worthwhile too Okay All righty Thank you Thank you All right Then with that I'll
now close the public hearing and request a discussion or a motion from the town council to approve Approve with conditions deny with reasons or continuence to a time certain discussion Scott you want to start us off Well I I'm very very pleased with the progress on the hours I think that's a it's a
good comp compromise Thank Thank you both parties Again thank you for the the the parking short-term parking fix I think that was one of my big concerns I mean I I know that neighborhood My wife had a her business there and there's
cars always parking on the on the streets there and that's you know that's a very big concern of mine is to get get those cars off those side streets and minimize the intrusion of the neighborhood I think what probably the biggest biggest thing that's still open is uh what what are what are the hours
of the music And I and I like the fact that the ambient music starts at noon I don't think you need ambient music at 7 am I think it starting at noon is is just fine And um I I agree with the traffic study If
if you guys find that there there's more then just go ahead and do it Um the security gate I I don't think that's that should be on them I mean I I when I went over and visited you guys there was
kids on scooters zipping through there People cut through there all the time That's I I think there's a problem that exists now and it should be addressed by you guys I'm sorry Um I So that's where I'm I am right now
I think we just have to I'm struggling with should it be 3 days six hours or four days four hours you know see what you guys think All right Councelor Woodson
I don't know where to start here Um I've got notes everywhere Yeah I do too Um I do really appreciate um all of your work on moving things further away from the pelican um pelican
watch pool adjusting all of that putting in more buffers putting in the decorative fencing Um if it looks anything like those pictures it's going to be fantastic
Um I I think we do need to settle on the music Um you know the ambient only noon to 8 7 days a week But when I think of live music you
know if I just look at the town and what everyone is doing it seems that for sure Friday Saturday Sunday are definitely music days No if ends or
buts and and then you see a ton coming in on Thursday So you know I think you have to look at where is the traffic I don't think it's important for a Monday or a Tuesday to have a band or anything like that
Plus they cost money for you Um but I would probably be leaning more towards the four days Um and maybe even it's lesser on a Thursday and then you know if you take the four days
is Thursday Friday Saturday Sunday Um figure out the hours of that the beach bar work I mean beach bar is four hours a day and in the in offseason that's they typically just have it Friday Saturday Sunday sometimes
Thursday sometimes and yeah I'm think I guess I'm thinking more a season too Um but I do think we need to come to some conclusion on that before we vote Um I think that you know you do have in the picture and you've all committed to
the sun shade sun shade sales Um and I think they look great personally and you're look you're looking down on color and stuff and blockage and I think they're that's great Um I'm still you know I I'm going back
and forth in the security gate The signage I have no problem the signage should should be put back What was there should go where it's supposed to go in the rightway All of those things Um we cannot help it if it is not read Um but
there should be some enforcement with that that goes along with that too Um you know the more I think about the security gate if it's a problem now I do they also have to put gates on everybody's driveways No I don't think
so Um so I can let the security gate go as long as we have all the signage and the enforcement of the signage taken care of Um so I think really for me the only
outstanding is the music Okay Mr Vice Mayor Well let's uh let's just for the sake of discussion let's take on the music issue We came in here this morning uh after first
reading somewhat gray but under the premise that we were working under Pelican Watch's position This is this was their and I don't want to characterize it for them but from what I heard their number one concern was the
amplified music noise and they asked for two days three hours per day And that's what we came into today under that premise The applicants countered earlier
today with four four days per week six hours per day That was their counter to the two days three hours per day So I'm no I'm no mathematician but it seems like to split that split the difference
if you will that would be three days four and a half hours per day Now as I understand it the opponents came in today in a spirit of compromise and offered even more than that more than the halfway point and offered three
days six hours per day again within that 128 time span So that seemed like a generous compromise Uh and quite frankly it still seems that way to me And that would to me seem like a good compromise between the two parties It was offered
in good faith by the opponents who have to live with this music Again I love live music But it's right next to their where they live And that to me that seemed like a generous counter offer from them this morning And I I would support that as a compromise John
I'll u just kind of piggyback on what Scott and Karen had said about uh the parking and u um actually I think Karen kept using the word enforcement and that was running through my mind uh during a lot of the testimony earlier today is
we're failing these folks on Chapel and and Cottage Avenue with with our lack of enforcement I guess because if if it's just such an effort currently to get out of their their street because of a food truck there on the other side uh
then we're letting those folks down and we need to step up our game in in that aspect and enforce it Uh and then even more so if if this becomes uh to comes to fruition Um the sun shade sails um I
look I think they look good I didn't see them over the parking area I kind of would like to see it maybe under the parking area too because I think that would be a a benefit also for your customers protecting their vehicles Um it gives like we said in the first reading a good aesthetic for those folks
that have to look down on it I think Um might block some noise and some smells as well Um that's it for me right now I think All right take a stab at my notes So the security gate although I
understand the position when I did meet with Pelican watch people that was one of the things that they had concern with that people were currently coming through their property and driving through when it when it's a rush I think it was a pre-existing consision condition and my opinion I don't think
it would be fair to put a the financial burden of putting that up on the applicants of the property I think they've done a good job of trying to do the best they can to to convince everyone that what they're going to do to you know confine the people to their space the way it needs to be should be
done So the the the gate thing for me wouldn't even be a starter simply if it was something that was going to happen uh because of this that would be different story But because it's happened before and and it came from the the folks that I met with at the Pelican
watch I don't believe that should be a burden Uh the other thing uh is the the sun shades been covered the parking plan's been covered Um music the other one that we haven't talked
about is the um the special special event permits Um I again the way I understood this was now you're saying four versus six to me the way this was worded or the way I would interpret it is that they would basically be
guaranteed four instead of six based on the recommendation I believe coming before the council like everyone else does for special event permits doesn't necessarily mean that they get it but it gives an avenue for everybody
to have public comment versus just guaranteeing that they get four special ed permits a year They may get none depending on the special events that they want to do So I'm okay with the language the way that it's in there at least for the discussion um to have it come to count before council and not set
a number on it We not that I can recall have we ever done a specific number for any entity to have um the ability to ask for a special events permit So I I I'm okay with that Um the
music this is obviously the biggest contention as you said Vice Mayor that they made to me amongst other things But as this has evolved over the the LP meeting and the last two meetings the more and more I think about it I think about you know when you go to other places most places open at 11:00 around
you If you're going to have lunch you know whatever Most places open 11 o'clock What's ambient music Who's to say everybody at Pelican Watch doesn't have their Bluetooth stereo out on their patio playing ambient music at 9:00 in the morning The live music's a whole another conversation or someone's
sitting at the pool next door and they're having a pool party and they've got ambient music and they're doing it at nine o'clock but now we told them they can't do it till noon So I'm a little stuck on that I want to be respectful of the neighbors obviously for the time but to me noon to
8 the fact that it's already in here that is more restrictive for the ambient music outside of the noise ordinance uh and the live music to me is sufficient enough Do you need music at 7 a.m I don't know I'm always listening to music 7 am but does that necessarily mean I want to listen to my neighbors music at
7 a.m So maybe we I mean I'd be open to talking about the different times but when you can have maybe seven's too early Um they've already compromised I think they came to the compromise on the the time frame of when they're going to be open till 10 which I thought will help alleviate some of that Uh I'm with
you Karen on the the four days versus the three days Um I'm okay with the time frames It seems like they came they all kind of came to the what was the ultimate was it four hours six hours it well the applicant proposed
four four days four hours a day and the interveners were at three days three hours a day is that six six hours that's where my notes got off um so I'm I'm okay with the four days at
least the wording for to to take it to the vote 4 days 4 hours Um the noon to 8 seems uh well no between noon and 8 is when you're going to have the amplified music The unamplified music I don't know that I
I'm in favor of of restricting it to I mean we're talking just some speakers It's not like I don't know what they're going to have but I guess I'm just open a little bit I see where you're at Vice Mayor They both sides have come I think a long way since the beginning as to what was originally discussed at the
last hearing versus where we're at now So I think we're pretty close I can move either way a little bit but um I I'd prefer more of the four days per week versus the three days a week um based on all the conditions and all the I mean I think what's getting missed in this in my opinion is both sides have said
they've been good neighbors this entire time they've let them use that property They they until they do something that's not a good neighbor it's hard to assume that they're not going to continue to be a good neighbor And this is a pretty lengthy condition list to be able to to
follow So I I'm open to the discussion of altering these a little bit but I I would prefer to stay at the four four and four and we can talk about the time frames for the the non-amplified ambient music But did I cover it all
Do I think I got it all Mr Mayor Yes sir If I could go back to for a second you know you you triggered my something in my mind as well Um I I have trouble supporting the gates as well I sure feel for the Pelican watch folks because at a
condo um at the south end where we're battling folks all the time wanting to use our parking lot for beach access Um I I completely understand Um I'm just wondering if as a town if we approve this if there's something we can't do
outside the box other than signs to alert at the beginning folks this is not a turnaround area Uh I don't know if it's something you know thinking outside the box something as simple as uh uh speed bumps I know I hate those things so I avoid them as much as I can if we
have them down there maybe towards the end at Cottage Avenue Um I don't know folks will avoid that area and not proceed down there Just some outside of the box thing I think that the town it wouldn't hurt us to step up and do something to help out Well you know take
that a little step further is where does you know when people are parking in the rightway at moms that we see we all see it now parking on the I agree with what they've said I don't think the town is doing a good enough job in enforcing those people to be in the rightway Where can we get
support from the fire department on this The fire department are the ones that if they can't get their trucks through there they're the it's a life safety thing And everything I've read the fire department has far more teeth when it comes to public safety than than the town of Fort Myers Beach does Maybe I'm wrong but is it is there a mechanism
with that we have in place or we should have in place with the fire department on some of these rightway issues with it's not just this that one street There's other streets where dumpsters are sitting out in the rightway and there's no way that you'd be able to get around it with a fire truck So I think we need to leverage the fire department
for some assistance on this on on It's a good point Mayor Thank you policing these these rightway problems with parking All right Vice Mayor let's come back to you Yeah I I would say this Uh if I was if I live two blocks away
four days seems great because it's always great to have live music with your with your uh food and beverage But I think that what's unique about this particular proposal is how close these folks are to the live music where
literally if they're in their condos or their homes doors shut air conditioning running they're going to hear this music four days a week four hours every you know from likely you know four to eight
or whatever they'll they'll do Maybe it'll be less than that That's four days a week that that even if you avoid the the food truck park you're impacted by it even in the comfort of your own home That seems I mean three days a week seems
invasive but I but I understand we're trying to find a compromise here and they have they have compromise the the in between position between two days and four days They put that forward which I thought was very gracious I thought they put forward the
the compromise to let them stay open until 10 during the summer I mean I think they've made some considering most of these folks absolutely opposed the project They've made some pretty constructive concessions along the way and and quite frankly the applicants have made some some good concessions
along the way This live music piece though again I love live music but you know that that that vibrates with inside the home and is and is heard within the home and that really impacts quality of life even when you're not outside So it's a it's one that I I would just urge
us to be I know everybody's trying to be sensitive to all these things but that that's a lot And and and I really I wouldn't be as as uh as as is as as uh strong on this but the applicant and again I credit the applicant for their
for their cander They really they didn't say this was central to their business plan It's really not even part of their business model Now Patrick this morning said "Hey it's a nice tool in their toolbox." I don't disagree I'm sure it is a great tool in the toolbox but at whose expense And and it's not like they're they're not going to get the
Friday Saturday Sunday night or whether they some some would do Thursday Friday Saturday night but boy that fourth day that could that can really wear on the nerves of folks who already have serious concerns and seems like a reasonable compromise to do the three days But but that that's just my thought Yeah I mean
I I could see if this was outside the fact that it's inside the building is the reason that otherwise I'd be probably in your camp But the fact that it's inside the building but you know is it inside that building It's it's got it's an open front Yeah They they discussed this morning that they have no
no preparation for sound absorption within the the architecture of the building but they were open to it Maybe they but we don't know what impact that'll have But I'm sure I'd love to I would have loved to hear them be a little more proactive on it Um but boy I
I just I know how the bands get I I was a reg I guess the example I would use is that pinchers on the south end th those bands were not in a shell and uh and they would generally play for three hours Uh and you could hear that
probably 10 condos down um pretty well and it was wonderful I loved it Uh but but for the folks that and and the folks all there knew that that was coming and and and and generally embraced it But boy the proximity to these particular condos
uh it's pretty it's pretty intense But Jim what it does say in here is amplified live music and or amplified live entertainment entertainment will be restricted to only solo and duo performers no bands meaning three or more performance
performers or drums percussion unless approved through the town's special event permitting process So let me just say that's a very fair point because at Pinchers they would have full bands with drums right And this is saying it's already in here
saying only solo duo rock that place and no bands And it was awesome But but but the uh but we're we're sort of we're sort of at the I mean this is really the the key request from the opponents the
the key key plea and your your point is well taken care because it is a diff there is a difference there and I I would love to see some architectural work done to sort of protect the back of that from sound that comes you know there's ways sound engineers can project
sound there's things you can do speakers to to project the sound away in some areas and towards others But I don't know this the three days a week Again if this was if this was uh you know Dan's music music house and that was the key that would be the key that was the key
part of their business plan It's a food truck park It's not a music venue It's a tool and I appreciate that But I don't know I I just I I think three three days is a reasonable ask from the opponents I'm not you know these are these are
subjective things I I I feel strongly about three What about some of the other things you've only kind of talked about the was one of the my frustrations going in here when when it wasn't in the actual proposal the two days three hours wasn't
in this first reading formal proposal I was wish it was in here because my hope was is that during the time between first and second reading that would give the opponents some some negotiating room Maybe maybe the applicants want that fourth day and maybe they give them the the storage or the security gate Maybe
there's a little little horse training going on you know that instead of us being the arbiters I was hoping that they would have negotiations during that interim time and solve some of these problems uh instead of putting them before the council But I mean you know that's why we make the big bucks We got
to make these decisions But I uh I uh I I'm I'm comfortable with the with the compromises that have been made thus far and just that music piece I I I I really think that would again Karen you make a good point with the solo performance but I I think that would impact my vote if
if it's four days because that seems oppressive to me and again if given the business model it doesn't seem necessary that they need those four days If they did I'd be more sympathetic All right Yeah I I mean sounds like
three or four days The four hours is what was I believe the intervenor said Did your note say the same as mine The opponents the opponents offered three days for six hours per day and then the the applicants uh their most recent
compromise was four days at four hours So we're still we're talking the same amount of hours I guess Nice No we're talking the last hours I'm an I'm an Ed Ryan math major So Well we know where you stand How do you stand on it I think we've gotten close
on everything else At least as far as to be able to vote on it unless you John do you have anything other than the Karen How do you feel about the four days versus the three days You know I'm not I'm not locked into
either one Although I you know I do think that because it's a duo because there's no percussion because it's not you know drums that type of thing I mean there it is a three-sided building but
it faces out towards a sterile It faces away from residents away from Pelican Watch And I think by and we've seen it happen with rude shrimp in a couple of different locations and everything else The way you position speakers for
amplified music changes the direction completely You also can lessen the decimal with smaller speakers that type of thing Um I mean I I would go I can go with either one
but I I guess it's you know you know I I I personally think Thursday through Sunday seems to be the music time around here especially during season I I
uh I I I just I I would ask the applicants to think about a little harder while we're sitting here because you know obviously to be successful as a business model particularly in the off season you want to have the neighborhood in support of what you're trying to do And I think it would be a nice gesture
by the applicants to unilaterally agree to that Uh and then build some goodwill with your neighbors around you because you're going to need their support for your business model And I hope you'll have it But but I would I would encourage you to think long and hard about that while we're sitting here because I think it's a nice gesture to
make to the opponents who are trying to wrestle with this Yeah Well is there a hybrid Right Because we are It's confusing is 18 hours of amplified music is okay but 16 hours is But you know a band's not going to do a set for six hours generally No
but two could Yeah that's true Yeah two You could do you could do two sets of bands for duos in this case Could Could we just out of curiosity I don't know if everybody's still here but they're all here So is there is there a way to just
maybe proceed out of order Mr Mayor and see is everybody still hard set in their position out there or are we uh or is there an opportunity for a compromise here Can we if we could I would ask for unanimous consent to proceed out of order Mr
I don't have any objection John yeah I please Karen I'm fine with that Sure Scott Sure Dan you want to come up Good afternoon council My name is Dan Myers I'm the applicant Um so I think a lot of the amplified
entertainment that you're discussing everybody's thinking music Everybody's thinking you know the singing the songs the instruments And I think from an operational standpoint where I would like the flexibility is to use some amplification for if we'd like to have Beachch talk radio come in for an
afternoon or if we do a Tuesday bingo night or a Thursday trivia night While some of those things still require amplification they don't require the music aspect but having the ability to have that fourth day and that's why we reduce the hours from six hours to four
hours because you're not going to have six hours of bands It's just not a a reasonable band request at the restaurant That doesn't happen But to have that day to use as more of an entertainment side rather than a music side So amplification people think music And I I I'm trying to see it as a
different amplification in a different way Dian could we could we could we figure out a way to put that in writing because three days three days of music and one day of of of non-m music Yeah I'm okay with that Could we also then shift it if I do one day of music and three days of non-m music I'm just
saying I'm just trying to use that fourth day or to have that option to use as you know if we had a bingo in a in a in a beach talk radio that only gives us one day that week to to have a performer per se Um so yes I'm I'm absolutely open to that language but that I wanted to
just clarify that amplified sound does not mean amplified music Notice you strategically left out the word karoki Didn't even think of that one but uh I'm not good at that so I would sit on the side anyway No karoki Jim what would you
Dan's point and I think your point What if you is there a way to do the wording where it could be duos not to exceed three days a week Okay I'm good with that Then you would you would achieve what you're trying to achieve And I appreciate that Mr Mayor
My my goal is uh and maybe it's maybe it's an unattainable goal It's instead of me negotiating with the applicant I'd love the I'd love the the residents to be negotiating with the applicant maybe just take a fivem minute break to see if you could come up with take another crack at finding a solution on this
because I don't want to be the arbiter of this I want you guys to talk to your neighbors and if I if we could just take a brief break and maybe you guys could talk to each other I'm I'm open to that Um and Randy and I did have two discussions over the weekend and um he came with the the 318 three days a week
18 hours I came with the 424 Um a second Hey it's kind of kind of hard to hear Dan cross talk and I think where we we figured out in the last break is that what if we go under the hours that he requested but go up a day and we found a compromise on our hours of operation but
that's where the the 318 424 us dropping down to four hours a day We were that that was kind of the hope there 16 hours Yeah Um but yeah I'm absolutely open to talking That's not a problem Mr Mayor if I would make unanimous consent just to I would ask if you ask consent to recess
for five minutes I have a cons concern inflicting Ed Ryan on the neighbors for for that length of time I'm willing to listen John are you okay with the five minute Scott Yes All right We'll come
back in five minutes 30 3 o'clock Thank you Okay we're going to call the meeting back to order It is 303 Oh thank you Mr Mayor Um I think we're close So Katie correct me if I'm wrong but I
think on the I think we have agreement on four days a week four hours per day Three of those days would include the live entertainment piece So but again limited to solo or
duo And the fourth day could be some form of amplification but not live entertainment amplification Okay Does that does that make sense to everyone It could be bingo It could be
And then I think where we don't have agreement is on ambient music I think her clients want a limitation to 12 to 8:00 p.m We we're have we tried to work through the the live music stuff Ambient
music's ambient music If an employee or someone turns on the radio I I I don't think that should be specifically regulated and we're not agreeing to that Okay All right If if I may for the record I think the other outstanding issue here which I I feel compelled to share for
the record my understanding is that at least Miss Berkey's clients you know are still intending or considering filing litigation you know with respect to an approval here And so in part of part of
the the the dark the dark cloud so to speak in having these conversations is that you know I think my clients feel they keep moving and moving and moving and moving but there's been no point at which the opposition has said okay we're not going to proceed with anything with that if you do this So we are agreeable
to what I just shared with you and that's fine But my understanding is that that important compromise on their end has not happened If I may for the record Katie Berkkey again Pelican Watch his council uh Ed French and the Dan Fords Um with the
three the four days a week for 4 hours between 12 to 8 three days of those could be amplified live entertainment music we include karaoke in that just for clarity And then that fourth day being radio or something non musical So
I just want to be clear we consider karaoke to be on the music side That would be eligible for the three days versus the one day of non music We do still respectfully request am uh the ambient music again seven days a week We
had started with um the same limitation on ambient in terms of the days of the week but seven days of the week also from 12 to 8 Um in terms of the dark cloud that um opposing council has referenced that's why we came to the table with our enclosure 7 or proposed
conditions to get discussion going and possibly have a private agreement in place that would horse trade some of those things privately and unfortunately we just couldn't come to terms So it wasn't for lack of trying Um and the threat of litigation has been expressed
from others that are outside of our group So I just want to make sure that everyone understands we have we have not threatened litigation We do have a court reporter here But even if we agree now and come to you it might not be your pleasure to incorporate what we agreed which is why I was suggesting a memorandum of understanding that would
be binding outside of these proceedings Unfortunately we just never got there So um okay we'll we'll just let the chips fall where they may um in that regard and and um while I appreciate the sentiment that they've incrementally come a long way so have we as the vice
mayor has already acknowledged um we've um we identified a compromise that we feel is fair on the closing time um and among other things that that we've let go So thank you again for your
time and consideration All right Thank you All right I'm going to do my best at making a motion Good luck Um I will make a motion to approve ordinance
25001 with the conditions laid out as agreed upon by both sides uh through our discussions here today Um the the one it seems that we have not been able to come is the ambient music part of the time
frame Um my motion will be to accept the agreeance from the two parties for the four days a week four hours a day one of those days being non solo or duo performance
music Um but not putting any conditions on the non-amplified ambient music at this time Does that cover it Nancy I think so Um Judith it's clear
for you So just so it's crystal clear what we have in here with the all amplified sound controlled by the property owner management staff will not be permitted will be controlled by management staff Can you pull the mic down All amplified sound will be controlled by the property
owner management staff and will not be permitted from any mobile vendor You're good with that first Okay Yes The second sentence Ambient music ambient music which to me is like recorded background music
Is that your understanding as well Not somebody's not somebody's radio Yeah It's it's because the first sentence is controlled by the property owner and management right So ambient music to me is background music you know canned uh recorded
played from a CD It could be a country radio station Yeah XM Sure XM or whatever That's what I consider ambient music So the ambient music you want to permit noon to 8 That's your proposal I No I did not want to have I can we
separate amplified from ambient Have one paragraph that talks about amplified and one paragraph that speaks to ambient Yeah Because to me ambient and amplified were the same thing Like I think it would make sense to do that for the amplified because it's been very
Well that's already kind of laid out here specifically when you can have amplified music Okay So you want No no Sorry Your your proposed condition is to have no restrictions on ambient music Sorry Why don't you go ahead and restate
it so that I can Can I ask a question before you restate Mr Mayor Sure Quiet Is the applicant even I thought I I may have misunderstood but I thought the applicant was okay with no ambient music outside of 12 to 8 Am I misunderstanding your position You wanted you want no
limits on ambient Yes that that was my that was my understanding The limitation was specifically on the amplified music Well I'm just from the hours of operation Let's put it that way The hours of operation Okay So ambient what the language now ambient music is
permitted and will be no greater than 60 dB which is less than less than the noise Correct During the hours of operation during the hours separation Yes So that's okay I think that covers that Yes I'm hearing a note from over my shoulder but okay Well that could be
coming from anywhere 60 ordinance during operating hours Okay Not to exceed the 60 dB that was agreed upon Okay Then then those four days that we're talking
about That's for amplified live music correct Yes Yes Okay Three days Only three days can have a dual or single performer
So four four days four hours a day Three of which can only be music related I think is of the days not the hours Of of the days Yes Only three days with music or musical performance or live
entertainment Live entertainment Live entertainment Okay And what can happen on the fourth day It could be a non-m music related I think is what the agree upon language was It could be a bingo It could be a a podcast
It could be a Okay Trivia Music But it could be entertaining But not music trivia Just kidding Okay Okay And those those four days will just comply with the regular town noise
ordinance Those time those hours Okay Okay I got it Is there anything else you wanted to add to that No I think you pretty much covered it Do you need to do any of the other conditions specific that wasn't clear or will be clear on the record from our
discussions Um the agreeance of the time with the daylight savings time That's that that's clear Um the the 4oot fence the 4oot fence as long as you're okay with that Everybody seems every the applicant and the intervenor
all seem to be okay with the addition of 4 foot fence and 2C if the and then number 14 the change the special exception they have to come before council for any special exception permit So what I would do there so I'm going to change I'm going to um cross through
temporary use and so it'll just read a special event permit must be obtained for any special event where additional vendors of any type and or increase visitors numbers and we're not going to put in the number six and so typically any of those things would come to you anyway So I mean I can add in a sentence
there but that's we're not providing any additional restriction there They have to follow the typical procedure Okay Okay So I think that'll that'll cut down one conditional um uh
pretty much savings and then we're going to add in oh um I have the stuff about the the traffic island um for number 25 um I'm going to incorporate some of the language that the intervenor used in
number 24 on theirs um with the traffic island and the right turn only on to um yeah whatever the they called the bone whatever the wishbone pork chop Yeah pork chop Pork chop Pork the pork chop design And then they also agreed to the
the parking operation plan being memorialized in there that was discussed or presented today Right The the sun sun shade sales um councelor King talked about that being over the parking Do you want that to be included Right now they're only showing it um over the the
seating area Do you want that as a condition that they have to provide that over the parking area as well I I I would not add that to my motion I would keep I would keep it over the seating area Just over the seating area if they want to extend it further however Okay And then with the TIS do we want to
leave that as is or do you want to require that My motion is going to follow your recommendation which was to um do the trip generation Exactly Yes Okay Okay I think you had something on nine just to say um all sound generated
will be in compliance except where otherwise restricted here I got that Okay you got your cheat sheet Go Okay the longest motion on the planet but we got through it by committee All right I got a motion Is there anyone that would
like to second the motion I'll second All right got a motion by Allers seconded by Councelor King discussion Vice Mayor I would uh I would ask three
things of the applicant Uh this is not obviously part of the agreement but it's as good neighbors I would ask you to utilize sound mitigation technology when you build your structure See if you can help on the back end from having sound go backwards I would ask that you be uh
respectful of your neighbors with respect to the ambient music How often you have it going and is it really necessary and how loud is it And I would also ask at the end of the day that you're and I and I don't mean to be patronizing because I'm assuming you're going to do this anyways as a good good
good business person Uh just just uh visit the the grounds of your property and maybe outside the grounds of your property and have your staff person just pick up any litter and trash and just kind of do those little things to be a good neighbor and try to work with your neighbors to to address their
concerns as they come Uh but but you know I think we've come to a compromise here that's not perfect but that's generally means it's a it's a compromise nonetheless So um that's all I have Councelor King Councelor Woodson ready
to vote Councelor Saffer ready to vote All right Uh I'm an I Councelor King Hi Vice Mayor I Councelor Woodson I and Councelor Saffer I The motion carries unanimously All right Our last public hearing is the
second reading and adoption of public hearing of an ordinance entitled an ordinance of the town of Fort Myers Beach Florida amending article 3 beach bicycle and vehicle safety or chapter 28 traffic and vehicles of the code of ordinances of of Fort Myers Beach
Florida Hold on to stall for a second Sure We have to read it in though I'll read it in Have a good day everyone Can I just say something
Can I just make one comment Uh does anyone have any objection with proceeding out of order No objection Okay go ahead I apologize but I just wanted to say Pelican Watch was not trying to gouge or get a um security
gate out of the developer I just don't think they are willing to be in touch with the fact of the volume that this development is going to draw and that's where our concern was coming from and I just wanted you to understand that we were not trying to take advantage of
their purse or wallet whatever Thank you very much Thank you Hopefully everyone continues ever again No I would be disappointed Yes Okay Okay we'll start this I said I
would be disappointed if you didn't want to be out of order Have a good day All right we'll start this over This is a second reading adoption uh an adoption public hearing of an ordinance entitled an ordinance of the town of Fort Myers Beach Florida
amending article 3 beach bicycle and vehicle safety of chapter 28 traffic and vehicles of the code code of ordinances of Fort Myers Beach Florida to allow the operation of electric bicycles on sidewalks Establishing safety regulations establishing a maximum speed and passing procedures requiring
operation with the flow of traffic Establishing responsible parties and penalties establishing additional regulations for the safe operation of bicycles on sidewalk providing for codification severability conflicts of law and an effective date Based on the recommendation from the attorney I will
make a motion to continue continue this to a date certain of June 7th Second you said I know I messed up June 2nd Yes Um mayor I understand there is someone here in the public that would like to just provide
some public comment Okay Well come on up We'll open up public comment How about that That's awesome I've been here I left for a little bit for lunch when you guys eat Um my name is Debbie Dep I was here last time and I appreciate you're listening to me again
Um real quick since you are going to put this off and I may not be here in June at that time It's my husband's birthday Um well happy Yeah we're gonna we're heading out Um so I just had a couple questions in reading through the actual the way the ordinance was written in
this last goround Um are are markings down the sidewalks going to be allowed Is that something that the because it's a Right That's something that I think we were going to discuss with the county and that is really the the reason for
the the continued or the request for continuance because we want to all be on the same page with that Okay that's okay That was a question there Um and then um I was also reading through and it was it wasn't clear to me here maybe it's in
another section of this ordinance about whether or not um ebikes not that I want to ride my ebike on the sand but someone might Are they going to be allowed on the beach The ebikes This was just specifically for the sidewalk Okay Because it's that's okay But then that
goes to one of the questions I have in one of the section um 2884 B Um it says it seems like it's it says no bicycle having any type of helper motor Wasn't an electric bike a helper
motor which shall be driven on any public sidewalk path or beach So I don't know if that needs to be but that's what we're voting to change I I can look at that again That that language sounds to me it sounds like it's um from from the
past Um exactly Maybe outdated language is one way I mean if it was I can understand if it was a gas powered motor or something if that's what was that section again Could you just repeat that 28-84B as a boy 84B We'll look at that
before it comes back Okay And then one other question was um uh the last one is um about Segways I saw someone writing a Segway down the sidewalk Not that that's bad They were being very nice with it but is that considered under one of
those motorized micromobility devices that are not allowed on the sidewalk That's what the discussion will be about Oh okay I mean because that's that's you know spelled out in here Motorized micromobility devices including but not limited to scooters electric skateboards
one-wheel devices and hoverboards are prohibited So I didn't know if that was in there I mean is that we we will look at that and possibly add it Okay So what was the next date for the the next June second Yeah Well I can always watch you
guys All right Thank you All right I did second your motion Yes you did Okay We got a motion and a second Any further discussion You want a roll call vote Yes We do Yeah I'm an I I
Okay Vice Mayor I Councelor Woodson Hi Safford Hi Motion carries unanimously Next is our administrative agenda The first is the town manager selection process Who's starting Tisa Okay Hello
Good afternoon My name is Tisa Olivera um the human resources director for the town Uh today we have an update on the town manager search process Um the town has been active actively recruiting for a town manager since January 28th of
2025 Um in our search we have received 66 applications And today you will be voting on which of these applicants you would like to interview Um on April 18th 2025 we will be having town manager
interviews if you choose to proceed and do so Um it is also important to note that the uh each member of the town council received the resumeumés in advance of this meeting in order to be prepared So in your packets you will
find a summary of the candidate pool um out of which out of the 66 candidates 17 were identified as meeting the qualifications Um and then in accordance with the town council policies and
procedures we have provided um five candidates along with two alternates who we believe could be a strong potential fit for the role Um however it is ultimately your decision on who you would like to interview you are able to um select any of the 66 candidates that
are provided um and we ask that you identify five with two alternates um in order to proceed So and just to be clear um the alternates are selected in case one of the five do
ultimately withdraw their candidacy So then we could call on them to be interviewed Um okay And that's all I have for now I'm happy to answer any questions I've got a couple questions Okay Maybe just one
because I'm bad at math like Ed Ryan But um last week when we talked and you have it on your sheet here of u best fits You were going to check with those individuals to see if there was still an interest and you thought maybe one had
already accepted a position What did you find out So I have contacted each person and they have confirmed that they are still interested and they are all tenatively holding on to April 18th as a date to come and interview Thank you I What happens if we only really think
three candidates or can we just vote for three Absolutely Yes I mean it you do not have to have a minimum of five We want this to be a good use of your time So I think whoever you identify that is worthy of the time to interview Um and you know also the town will be covering the expenses for them to come for the
you know any travel expenses So um whatever you dee whoever you deem as you would like to interview it could be three it could be five you know that's up to you I thought our charter dictated we had to have five I don't think it was our charter was I thought it was our
policy up to five Um it says the uh the town council may direct the acting uh town manager or designate to review the proposals submitted and provide the town council with a list of five candidates with two alternates for interviews as
provided herein If there are less than five um all candidates shall be interviewed So I think they've accomplished what they needed to do Okay So uh we've passed out a form or a ballot to you Um
where you know if you write your name and your signature um the first column is a listing of all 66 Um the second column is meets qualifications as Tisa identified The third column is the best
fit and then your your council vote We were going to proceed um in the same manner as you do for your appointments to your committees Um after your discussion uh if you vote then Amy will read your vote uh we'll just verify and
certify that that is your vote Um and then you can direct uh the town manager or to Lisa to schedule the interviews Okay To Lisa to schedule the interviews Are we voting for the alternate as well
The two alternates you should pick Um in that column for counselor vote just go one two three four five and then a and a I don't know I don't you want I don't think you want to do one two three four five because then you'll be ranking them so I think maybe just stars stars yeah
or if I may they can't they vote on as many as they want doesn't have to be five it could be 25 we just had to present five and two alter well he is correct I mean if you want to go that route you can't just put our name next So do
you want tell me you want stars or our name Well we don't have to be that Whatever is your preference we'll figure it out Well the two alternates will have an A Yeah just put two A's so we know they're alternate Okay
Did you want to discuss first or we can I mean does anybody want to discuss the recommendations I I I know I have had a meeting with staff and Tisa to discuss Yes So I mean I'm comfortable
with your recommendations Okay Um I don't know if anybody else wants to discuss I'm assuming everyone had meetings with you Yes Everybody had meetings but I am happy to answer any questions if needed Scott you got any questions for Tisa No I but just for the record I had a
meeting with Tisa last Wednesday to review the candidates and might I add you did a well I consider you did a fantastic job Thank you Thank you Yeah And I had a a meeting last Tuesday so and I was able to go
through all the people that we discussed in detail So I'm comfortable We wanted to provide the information to you before so you had you know what you needed to make an informed decision and thankfully so or we would be here very late this evening challenge
you guys [Applause] No I need uh Jim Did you pick up gyms Okay I have a question What if I only choose two That's fine And then two alternates or something That's okay Do we want to read for the record who
this do you want to grab who the staff highlighted as their recommendations or does it these are names that they provided not necessarily well I shouldn't say recommended that meet the qualifications and best fit categories this is in the packet I'll I'll yield to Nancy and
proceed however she recommends you can I mean it's all public record and would you like me to identify by who met the calls or just who were provided as the best fit I think just the the ones that you felt met the qualifications and best fits Okay So uh
for the record the five candidates and two alternates that were provided for to the town council as a strong potential fit for the role Um that first candidate would be and this is an alphabetical order There's no significance in order
Um Michael Brilhart would be the first candidate The second candidate would be Patrick I'm sorry the second candidate would be William Lawrence The third candidate would be William McCanny The fourth candidate would be Scott Moy The
fifth candidate would be Jeremy Schaefer And the two alternates would be Patrick Jordan and John TR Ready Sure Go ahead Ready Jason Okay Um Vice
Mayor Adder Holt has Michael Brillhart Lawrence or William Lawrence William McCain Ken Ka um Scott Moy Jeremy Schaefer and the alternates are John TR
and Patrick Jordan Yeah Put mark the alternates with an A Can't even see that Good That was Yeah that was vice vice mayor Can you confirm that those are correct That is correct Okay All right Mayor
Allers um has Michael Brilhart William Lawrence William McCain Cana I go with MA but that's me Scott
Moy and Jeremy Schaefer Marked as an alternate is Patrick Jordan and John True Yes Yes Wait I was waiting for you to ask I was
still counting Thank you Mayor Okay Uh Councilman Stafford I'm sorry Staffford I'm going to start charging here Jar like a swear jar like a square
Michael Brillhart William McCain and Scott Moy Um and then Jeremy Schaefer There's only four No alternates No alternates Is that correct That is correct
Okay Councilman King Michael Brillhart uh William Lawrence William McCain Scott Moy Jeremy Schaefer and as alternates he
has Patrick Jordan and John TR Is that correct John John Yes sir Ma'am Okay Councilwoman Woodson has uh Patrick
Jordan William McCain Jeremy Schaefer and John TR I think there's four They all have stars Is one of those an alternate Would you like to see it again
No So the ones that I have my name by Yes So what it should be is William McCain is yes as an applicant Jeremy Schaefer Yes As an applicant Alternate
John True Alternate Patrick Jordan Got it Okay Did you get that Jason Okay So so you should announce Oh if I got to be able to read them Hold on
So the ones with the numbers first Well he's highlighting them Okay Okay Okay So with a total of four votes is Michael Brillhart Those are
all regular votes not alternate votes Um well those are all alternate So uh with a total of three votes is William Lawrence regular
votes total of five regular votes William McKenna Kate I'm sorry that's five regular votes a total of four regular votes is Scott Moy
Okay five regular votes is Jeremy Schaefer And then um since we're down here John TR has received four alternate votes Can you roll back up
Yeah Yeah And Patrick Jordan has also received four alternate votes Okay Do we need to vote on that to invite them in Yes Is that if that's the
direction and to direct to Lisa to schedule the interviews with the top five Five Top five Yeah you do You have five that were voted as regulars and then you have two that were alternates based on a majority Correct
Correct So five bring in the top five Correct Okay Sure Just let her know To reiterate we will
be um inviting the top five candidates for interviews on April 18th Um that would be Michael Brilhart William Lawrence uh Scott Moy Jeremy Schaefer and William
McKenna And um yeah so we'll proceed on April 18th We're going to have a public gathering on April 18th from 9:00 to 9:30 in the morning um so that the public can attend and meet the candidates Following that we'll have a round of um and where will that be Where
will that be We are still working out the logistics but we'll have it posted Okay Yes we'll get we'll spread the word on that Um following per the town council policies and procedures there are one-on-one one-on-one interviews with the candidate and the council members following that Um and we will
have a member of staff with each council member in in that setting Um and then after those interviews there will be a break and then we will have um we will have interviews and a and a special meeting with the candidate and the town council members Those will be in 15inute
intervals and then after that you all will vote on a candidate Okay And just right now we have that um special meeting scheduled at 1 pm but we can move that around if you'd like Special meeting to interview
publicly that correct Got the town manager selections Would you like a motion Nancy Um yes Um but I do have a question Your procedural rules do provide for a morning and an
afternoon session Yes the morning session will be the one-on-one candidates That's from 9:30 until 12 From 12:00 to 1 is lunch and then from 1 until
whenever 3 um would be the um interviews the live interviews in a special meeting Yeah So we'll provide you with a page from your um procedural rules as far as the the order So you're good Okay
Go ahead Vice Mayor Mr Mayor I make a motion that we move forward with the interviews uh for candidates that were just selected at the the town meeting today uh April 7th We move forward with interviews on April 8th at 18 I'm sorry
18th at 9:30 and at 1:00 two separate meetings 9:30 being the uh one-on-one interviews and one o'clock being the public interviews and and with a vote following Okay I will second that Any further discussion
Vice Mayoral Yes I councelor Kane I councelor Woodson I councelor Safford I motion carries unanimously Next is resolution 25-95 a resolution of the town council of the town of Fort Myers Beach Florida authorizing the adoption
of final financial policies required for acceptance of the CDBGDR grant funding from HUD and Lee County and providing for an effective date Joe Um good afternoon Joe Hanzik finance director Um what we have here is a group
of policies that was actually provided to us um by HUD they're required for CDBGDR um funding In order for us to be recipients of of that funding we have to adopt these policies So they were
actually drafted by HUD Um it was more of like a fill-in- thelank type um policies here So the first one was we needed to designate an accessibility coordinator Um and that was um Dr Tracy
Kohler was chosen by the assistant to the town I'm sorry she is the assistant to the town manager and was chosen um by our town manager Andy Hyatt The second um exhibit exhibit B was we were needed
to appoint the fair housing coordinator that was also done by town manager Andy Hyatt Dr Tracy Kohler was chosen to be um the fair housing coordinator And so basically we needed to just fill in the contact information
um for her for those two um positions We also needed to adopt a citizen complaint policy So it's a very simple template um that they provided for us So we have that We also needed then to provide
um the financial management policies This is really basically telling us what we will do We already had put together and adopted um a series of more specific financial policies when we applied for the the grants several months ago This
is just um reiterating that these are the policies that we'll be adopting which we already have adopted but we needed to adopt this overall policy that states everything that we're agreeing to do Joe it seems like you skipped over the fair housing complaint process
addendum Um Oh I'm sorry Yes there it's just a I think a onepage addendum for fair housing complaint policy and it just um dictates um like the timeline for example of how long it would take to process a
complaint h how it's going to come into the town Um I hate to say this Joe but that's one too many screw-ups and we're going to have to replace you Okay man Okay Well not today No we'll give you a few You'll be on double secret probation So I don't mean to belabor it
because this is pretty straightforward If you had time to review this so I I don't I can answer any questions if you have any Scott any questions for Joe Uh no sir Karen whatever we need to do to get our money Vice Mayor
Nothing I'm good too Is there a motion for resolution 25-95 So moved Second Motion by councelor Woodson seconded by councelor King Any further discussion Councelor Woodson I councelor King Hi Mhler Hi Councelor
Cert I as well That motion carries unanimously Next is resolution 25-94 is a resolution of the town council of the town of Fort Myers Beach Lee County Florida approving interf fund loan to cover outstanding FEMA and FDM receivables providing for an effective
date Joe this is something that um I I could see could be coming because of the fact that it's taking FEMA so long to reimburse us for our emergency expenditures Um we do have that over $4
million in the emergency fund that we have set aside I think it was 2 million out of the savings from fiscal year 23 2 million out of the savings from fiscal year 24 So that's a total of $4 million that's just sitting in there of cash waiting for the or so that we would be
prepared for the next possible emergency But the cash is sitting there Um we also have um several roughly between six and seven million of insurance proceeds that's sitting there So we we have cash but as we're progressing along we have
um will be spending the insurance proceeds um and we also will be incurring additional emergency expense expenditures especially like with beach reourishment the the FEMA reimburseable portion of beach reourishment the money
is going out the door rapidly and FEMA is reimbursing us for beach reourishment so but there is still that delay process so in what I've been able ble to determine is that we have about se over $7 million worth
of emergency expenditures that we've already incurred that we're waiting for FEMA to reimburse us Um there's an additional $2.6 million of emergency expenditures for things like debris removal from waterways um and reconstruction of the north north beach
segment So that's an additional 2.6 6 million that'll be um we'll be spending rapidly So that brings us to over um $10 million of total um like 10.3 million of expenditures that we've incurred that
will be reimbursed by FEMA since we only have that 4 million4.1 million of cash that we've already deposited into the emergency fund and we have the um that would be considered unallocated
um cash because it's not specific to anything The insurance proceeds that we have it's also sitting there but it is allocated for other purposes and so it we really shouldn't be counting on using that to fund it We are using it to fund it uh to fund these receivable balances
from FEMA but we need to be prepared to also then spend some of this insurance money to finish the town hall for example and then for um I think part of it was also going to be used for the Bay Oaks campus redevelopment project and that's another um $2 million that will
go out the door before we get the $1 million grant So in order to manage it just from a cash flow perspective we need to just loan money into the emergency fund from the bridge loan So
we we have the bridge loan proceeds sitting in a fund and it will be replenished once we get the uh lost revenue grant which we should be getting any time now We were told that it was going
to be delayed to the fourth quarter which began April 1st because that was the next allocation or a pot of cash that the state of Florida had available in which they would pay us the lost revenue replacement Um if the bridge
loan experience is any indication of how long it may take them once it was approved to be released for the bridge loan it took them actually about six weeks to process the payment and get it to us So you know it could be potentially the middle of May I mean I
wouldn't be surprised if it's that long but it it should be coming It's been approved And I did reach out to the state again today to see if they can give us an update but I I haven't heard back yet But it should be coming So my proposal
is to at least um well to approve an overall $8 million loan from the bridge loan fund to the emergency fund Transfer the um initially transfer $4 million now and then be
prepared to transfer as much as an additional $4 million after we get the revenue replacement loan into the bridge loan fund and it would be on an as needed basis So I'm not saying we should transfer the whole 8 million but just to make sure that there's always enough
cash available to pay our bills while we're waiting for FEMA Um in the end it'll be fine Once we receive the cash from FEMA it'll go back in and it'll be back into the bridge loan fund It's just the the interim period that we're Okay
John Questions for Joe No Voice No Karen No Scott No Thanks for the explanation Joe Is there a motion to approve resolution 25-94 So move Second Motion by councelor King seconded by councelor Safford Any
further discussion Councelor King I councelor Safford Hi Councelor Woodson Hi Vice Mayor Adam I'm as well That motion carries unanimously Next is resolution 25-90 This is a resolution of the town council of the town of Fort Myers Beach Florida approving the scope of services from Metro Forecasting
Models LLC as a sole source provider and authorizing a town manager to execute a professional services contract and the amount did not exceed $150,000 and providing for an effective date Good afternoon Um so this is a this is a
presentation you heard um a couple months ago from Dave Farmer of Metro Forecasting Models Um and at that time he gave a full presentation going over what he could offer the town in terms of um data and information um and providing
this um interactive growth model which his company is the sole proprietor of and he provided us with um patents attesting to that Um and he and um Joe have gone over his contract um and the
you have his signature on the the version that's um in your packet today You have any questions I have a question Judith uh he gave a very impressive presentation but since we've had a chance to sort of sober up since his presentation do you feel like you really
need this film Can he add value to your operation to make your life easier Well I don't know that he's gonna make my life easier is is not on the the bullet points but it but but he's going to provide us with more information in order to have better
informed decisions It may um give us more to think about um in terms of the comprehensive plan um and the the adjustments we're making to the land development code which is still in
in progress So the the plan now is to um uh there's a third to schedule a third um public input session for the comprehensive plan and then that'll come back to you and then we'll begin working on the revisions of the land development code and what he can provide us is going
to give us more insight into what recommendations we can bring to you um and infor better inform your decisions for those two items but also for other future development proposals that the the town gets to be able to identify um
which types of development are going to get which types of outcomes This isn't your first rodeo and you've been very diplomatic but do you do you think he will it's worth $150,000 and he would add value I think this is an immense amount of
um data and value that we don't have right now with a um when I explain Fort Meyers Beach to people I say you can't just look at the numbers on the paper because how we're we're active now is
way above the you know full-time resident population Um how the the town staff you know were making decisions it's it's like we're operating as a a big city The number of decisions that have to get made the number of
application applications brought towards you Um in the next 10 years the town is going to be very different This is the time to get a hold of what what that those possibilities are to give you the best information to make the the most
informed decision that you can Um as a as a planner we like to say you know you know um what your third grade teacher told you those who um uh fail to plan plan to fail But also once you have that
plan you have to adjust it as you go with the information that you're you're getting in And right now we're making um uh suppositions based on what's happened in the past based on what's happening other places Um but I think he's really going
to be able to help us narrow it down and making fewer much more informed decisions So I think it's going to be a very valuable tool Um given our staff and given our limited resources you think this is a a priority worth
expending taxpayer dollars for As as long as Joe says we have it in the in the budget I mean I I think this is a very valuable resource Okay Thank you Can you explain the financials behind it Joe This would come out of savings from
FY24 So that's that's how it can be paid for because we we wouldn't otherwise have the money to do this So I just have a question How what is the timing of getting this information I mean is it something that we will be able to incorporate into our
new comp plan and land development code as we go through that or is this a longterm I don't think it's it's stated specifically in the in the contract but my understanding is that they have this company has the
capacity now to as soon as it's authorized to begin work The land development code is probably six months out from now So we have time there Um I mean is it maybe something that we could put in the contract that we needed
to ensure decisions for the land development code for the comprehensive plan that that their input is incorporated Um we can certainly express that Yeah I I think some of the stuff that we're looking at here is metrics Um so one of
their their areas of expertise is buildout So they're going to give you projections at that 5 10 15 year buildout We know that based on what we seen after Ian there's very limited space empty space of lots that were available to build out but that's also
includes turnover buying tearing down rebuilding Um so those are in the projections and that's kind of the metrics that we're looking for when we're trying to put out a land development code and where it's working where it's not working Even though this will be a new stab at a a brand new land
development code as we go forward there's always going to be tweaks because you're never going to get it right right A company like this coming in and just having those metrics available to us as we go down that path over that five or 10 year period that's going to be invaluable to staff Um and then that was one of the things when
Judith brought to to to me and shared it with the rest of us Um yeah that that's like a winner winner chicken dinner type of thing Okay Scott any questions No Okay either Thanks Judith Is there a motion for resolution
25-90 So moved I'll second Any further discussion Uh councelor Woodson I have an I Councelor Safford I Vice Mayor I and Councelor King I Motion carries
unanimously Next is the resolution 25-93 This is a resolution of the town council of the town of Fort Myers Beach Florida approving an agreement for demolition services with honk destruction based on pricing competitively procured by the city of Bonita Springs authorizing the
mayor and or town manager to sign the agreement and provide for an effective date Jason Uh good afternoon council Jason Freeman for the record As part of the demolition process uh the town piggybacked last year two uh contractors one from Fort
Meyers and one from Bonita Springs We still have that contract going with the uh city of Fort Myers but the Hunch Destruction contract did expire in February Uh the city of Bonita Springs did rebid that out and this would be the opportunity if we'd want to to uh reigg that agreement to continue those
services That way it gives us a little more competition with getting a couple different proposals for demolition contracts or sorry yeah projects So that this would add a second firm into our list Give us two firms then Okay Scott
any questions Options are great All four Councelor Woodson I'm good Vice Mayor Good Is there a concern of a possible conflict since this is accompanied by um an elected representative of the county
Don't believe so but that's something we can Okay Not from our perspective Well Bonita vetted it so it's already bid out by city of Bonita Springs already So it just saves us that leg work from having to bid out that and gives us some negotiated prices already So thank you Absolutely Thanks Jason Thank you All
right Is there a motion to approve resolution 25-93 So moved Second Motion by councelor King Second by councelor Safford Any further discussion Uh councelor King I safer I councelor Woodson I vice mayor Adhold I
as well That motion carries unanimously Last is resolution 25-122 This is a resolution of the town council of the town of Fort Myers Beach approving amendment number one to agreement 23LE1 between the Florida Department of Environmental Protection
and the town of Fort Myers Beach for design permitting construction and monitoring of the Astero Island Shore Protection Project and authorizes the town manager to exeute execute the agreement and related documents and expand and to expand budgeted local matching funds to match funding received
from the Florida Department of Environmental Protection and providing for an effective Chad Uh good afternoon everyone Chad shoots environmental staff Uh so this one's a little bit of a confusing one I'm sure you're all scratching your heads Why are we doing this Uh so back
when we rebid back when we bid the project uh Mr Poff our coastal engineer did a updated uh probable cost estimate um which came up to around 20 I think it's $27 million um in change
Uh the project actually still bid around 22 the original uh probable cost uh 22 million So um there's a lag time between FD updating um our LGFR from the time it
was requested which is why it's coming now Um we also added $150,000 to that uh to this amendment um that was due to a permitting and design uh contract or agreement that we had
with FD that did not have the full project area uh in the scope So um FDP was amendable to us shifting that to uh this particular agreement and um it expands the area to the entire project
area so that those permitting and design costs are eligible for reimbursement from FD Um having said all that um you know our project cost I can give you an update of where we're at um financially um
uh that's not going to change We're not expecting any additional uh project uh local share cost to the town In fact we're um less than what we had originally projected So if you'all have questions
or I can run through a quick project status summary or however you'all want to handle this John any questions for Chad Yeah because I'm still confused but that's a normal state for me Um I guess what is this really encompassing Chad
Because I'm seeing uh dates going back here to 200 21 or one or something like that Yep Yep It's been a lot of years in planning Um so this is bigger than just Ian type Yeah So the original um the original
estimate from the engineer was back in you know I guess 2021 or Yeah the original that he hadn't estimated for years So it made sense for him while we were going out to bid or before we went out to bid for him to adjust for inflation Uh having not had that having
not done that in a few years to adjust for that just to make sure you know the LGFR program is and what is LGFR Uh local grant funding request So that we do that annually to FD to ask for um
funding to maintain our beach So we do that every year This coming year we're I think we're asking for around $4 million just to do hotspot maintenance 40,000 cubic yards We don't know what the beach is going to look like in November Um similarly last year we increased our
LGFR request to adjust for inflation um to make sure that we are covered So it's kind of a CYA exercise And even though it seems like why are we doing this this contract is still valid Um uh so you know we would if the beach
is obliterated you know again this hurricane season we would still have this this contract going and these this funding available to us Okay Um I guess in my mind I'm looking for remembering the last time Michael was here it was uh the beach
reourishment in my mind was basically about Ian and then Okay So the beach reourishment was happening you know back when it first started with the town 2020 Here's a piece of paper go figure it out And we started beach reourishment then and it grew into the
project that we had today Ian came We were already in process and it was just you know an unfortunate disaster and a fortunate set of circumstances that we were set up with our permitting and uh funding ready
to go Okay But in my mind and what I asked him um was about places that did not qualify for beach reourishment because of accreing beach and that thing and that sort
of whatnot which I hate to say but um help me with this then what I lately thought I heard was there would be another round dealing with Helen and Milton type issues where that would then
regenerate additional sand for areas that did not get it the first time Is this all part of this or is that something different Something different So we Yeah we made a separate funding request for Helen Milton impacts to the beach uh which hopefully um will be picked up by the legislature to
uh appropriate funds for local governments such as ourselves just like they did with um Ian Nicole They did that um I think as uh 23LE4 where we got the initial 1.8 million and then that morphed into the
HRRGP the hurricane recovery reimbursement grant program where we um basically paid $8.9 million for our beach um reourishment to date Uh 100% paid for by the state Okay Thank you U
because it makes it easier for me to understand when I have to explain it to others So thank you Yes sir Good job Whiskers Thank you Vice Mayor additional counc I'm good as well Thanks Chad Yes sir
You're welcome All right Is there a motion to approve resolution 25-122 So move Got a motion by councelor King I'll second Seconded by councelor Woodson Any further discussion Councelor King I Councelor Woodson I
Councelor Safford Hi Vice Mayor Ado I And I'm an I as well That motion carries unanimously Final public comment Eddie sure Sitting there all day All right Waiting for the discussion
You have closed final public comment Town manager items Thank you Mayor I appreciate that Um it's been a good day We won't be too much longer Um got I've got a couple things Jeff's got a couple of things but I've got a another meeting with FEMA in person meeting with FEMA on
Thursday uh Wednesday or Thursday in person about the National Flood Insurance Program We're doing everything we can to regain our status uh to stay off to get off probation um this time next year So uh hopefully we'll be u
having an in-house um um review of all of our processes and then procedures that we've been going through in the last few weeks last few years uh since we've been in the program But we it really seems positive at this point before I go to the other thing
Jeff if you want to just give him a couple updates Yeah a little PSA Let me go there No no there's a microphone right there Um Frankies he likes me to lean in Um so just a couple PSA things real quick It just got weird Uh trying to help them
We have the Easter egg hunt at Bay Oaks uh April 12th It's Saturday uh from 9 to 11 Hopefully the Easter Bunny will show up again maybe with his friend Carrot Oh boy And then the just another thing uh the
such a popular uh activity I just want to put out that the Bay Oaks pickle ball basketball and tennis area will be closed tomorrow uh probably tomorrow and Wednesday They're they brought in the risers for the air handling units So they're going to be installing those and they have a crane back there So um stay tuned to our Facebook post or our
website for more info But that's what I have You want to give the update on the flooring Yeah So today they started um the initial kind of work on the prep work for the pouring the epoxy Um they have to do some some chip work on on the
existing concrete Uh kind of flatten it out Um and then they said about well now three to four weeks we should have it all poured Um after that then we can start placing uh the equipment in there Um and it should be shortly after that
where we can open Good About three weeks ago Trace Nicole and I went around town after the mayor asked us to to give an update on uh properties that needed some attention in town And we've identified approximately 80 properties give or take
a couple And we've got a a sheet here that's got everything on it that that we found all the code cases We'll be providing that to each of you Tracy I didn't know if you wanted to to give a little update I can just use this Hi everyone Good afternoon Good afternoon Tracy Kohler
assistant to the town manager As um the town manager had mentioned we did a town tour um of all the main streets and side streets and we identified approximately 80 properties Uh we came back with that list We went to the building official as well as code enforcement and then
updated that list with current open cases that we've had and identified I don't know maybe about 20% of the properties that needed some additional look over and so cases have been created on those approximate 20 properties So every every property that we identified on that list has had some action taken
to it and so we'll keep monitoring that and following through with our process And these properties are they just dilapitated houses Are they pools that aren't covered I mean what the whole gamut It's a combination of um pool issues with some fencing around it to
unkempt properties to unsafe buildings And so our building officials also added information about his red taking process into that list Question That sounds like a herculean effort I appreciate that I wonder at
some point uh Tracy Mr Town Manager uh Mr director of operations if we could and it may involve an additional staff person or a reassignment I wonder if we could have somebody or let me ask is does the data
exist to have a source where people can check on a particular property to ste see where the status is a problem property one that's for example been untouched since Ian we get these queries on a regular basis is there a way that
we could basically open a case on them in essence that we have done that through enforcement um and I guess Tom's here and obviously NY's involved in this too So where where the constituent they reach out to us they they they voice
their concerns We share that with Andy and Frankie and sometimes you Tracy and and uh and sometimes Tom or Nancy whoever's in the room and and we raise the issue and then some kind of administrative action or enforcement action is taken and
then we don't hear about anything afterwards because obviously there is a process So but then the council's in this awkward situation of not updating the constituent when there's a development not having that in other words there's not an open case that
where someone's watching it and continuing to give the citizenry some kind of a regular update on how things are going Um and so they're left out there wondering creates awkwardness for council members who don't who don't have
the capacity to to to be measuring the progress of each of these project projects we don't get the input the data we don't get the when things change just to track them and let the citizenry particularly those who have inquired sort of like an open case if you will then when it eventually gets torn down
then we just close the case but until it's torn down it's an open case and the citizenry is getting a maybe a monthly update I don't know if it could be automated through an email is there some kind of I mean is there a way we can track this stuff because we've got these properties all over the island now they're festering they're creating all
kinds of challenges for a lot I know I I know the challenges are for you guys as well but particularly most importantly for our citizenry and you saw them as you were driving around the island How do we manage that from a from a from a communication standpoint with our residents
Tom do you have some information you'd like to share about how I works works and how we can communicate with that So we didn't have to get Tom's bringing you the mic We He's probably getting set up We can we can establish code cases and
things of that nature that can be tracked and Tom has started doing some of those but go ahead Tom Yes sir So what you can do is you can go right into our website and you can go through I works and you can check of individual property as to where the code situation is and what's happening with that property that's already available out
there for people Uh we are trying to update is it user friendly Tom I believe so Yeah I believe it's it's I'm I'm not I don't know I mean I'm somewhat technically challenged with computers and I'm honest about that and I can figure it out So I think it's something
that people can get into Uh so this is the same portal people would check for permits then correct The eye works Correct It's there's you can pop in there and you can pick a a drop down bar and say what you were looking at for an address and such Let's use for an example just a real
working example uh the house on Tropical Shores Way that we discussed that where the rats are out of control and and and no one's has entered that building since the storm and it's a disaster and you were kind enough to go out there and look at it Those neighbors still call me on a
regular basis What's going on and what's the progress And I know you've you've done you've done your due diligence but I How do they know that you're that the town's still working on it NY's doing her research I mean how do they keep a breast of good answer Explain that on
making that getting into the computer No Okay So that's true So uh they can still go right into the portal and check the address and they'll see what our status is You'll notice now when they start digging into that they can have access to some of our notes So
and as we go through uh you'll see with cases now that have been taken since I took over code you'll see the notes are different They're not just observe blah blah that's it They have to go through who what when where and why And if they go out there and start a case they need
to describe what they did how they're doing it who they spoke to and any mitigation factors that they're putting in place So that is there now And Tom just because this has been in the media and you and I have discussed it on this tropical shores way and it's obviously been on this asterero beach I'm sorry a
stell stereo boulevard property These some of these homes uh are just infested with rats and they reach out to the Lee County Health Department and the Lee County Health Department basically throws their hands up or do they I mean what's been your experience with the Lee County Health Department Should people
call them Should they call their county commissioner what procedurally is effective based upon your based upon your experience So definitely call us so we can start a case and we can start working it The health department does come out uh they help us quite a bit with uh unsanitary pools and such and
it's just another tool in our toolbox to go after these uh property owners who just are not they're not coming together to try to help their neighbors and help the community So we are attacking them We are moving forward What's the health department do when they come out what's
their what what what tools do they have in their toolbox So their toolbox is they can write citations to the property as well uh for unsanitary conditions health issues that can be come from that uh piled refu then you have the mitigation for uh
pest relief and stuff So they do they do some of that as well just like we do and you'll see as you the attorneys have put forward too with us we're doing a lot of property maintenance cases now were attacking him pretty hard But but someone today can tr if they've got a
problem property in their neighborhood they can track it relatively well through this system and get a sense of what the status is Yes they can Okay Thank you So I have a question You you said that when you came back 80 properties 20% of them you open new
cases Does that mean the other 80% already have active cases They did Yes Yes They either had cases with the building official or with code enforcement already So now all of them have active cases They all have some action taken Yes That's great It's good
news Good work I'm assuming this list is now public or send it to you right now Right on I just said it was send it to you Very public Thank you You can send it anywhere you want it to go But it will send it back to you Yeah I don't know the addresses It's okay to publish
all the addresses I'm just asking the attorney Okay Just want to make sure Do you find it's just a combination of everything or some people are just slow rolling on purpose or they're they're out of towners and not getting the notices I mean can I tell
you what what we found Yes sir And I think the biggest problem that's my question is our realtors are not telling their homeowners the property owners people they represent to clean up the yard We we sent courtesy letters out to the realtors asking them to please clean up the yards I think that's a big part
of it The realtors want to sell They want to make money obviously So but they're not helping you know and and so the realtors stand out here and they don't get fined So we're going to find the homeowner And the realtor should be you know we all talk about you know set up for for selling And I had one realtor
call me can you move something that we had back here on a piece of property so they could take some pictures so they could present a good lot when they're going to try to sell it I don't understand why they don't take a little ownership to it and say "Yes clean the lot up If we clean the lot up first that
to me is a big one of the probably 30% of what we saw had had for sale signs in it from from from real realtor companies They're not taking ownership And I think that's a big deal You know I I realize it sounds a little strong but man help us You know we're going to find the
homeowner and put a lean on their property and then there's another problem that you you're going to deal with because we put leans on these properties and they can't sell it because you know they need fast cash But if these realtors who have these signs out there would just help us And there's a couple of big ones in town Then the
properties look terrible They just look terrible But it's also it's people who just don't care They just walked away They're just and they put a for sale sign out and waiting to sell it Nobody nobody seems to care about some of these lots I love this This is the unshackled Andy It's the end of the road So it's
what are you going to do Fire me It's I'm really disappointed in the fact for two years I've seen real estate signs in these yards and nobody's done any the realtors aren't doing anything about it Glad you're glad you're being candid about it You know they want to make two and three and $4 million on these properties or more and they're not
willing to spend 500 bucks to clean it up It's beyond my imagination I can't comprehend that I cannot And then they'll come in here and stand and complain because the town's not doing anything We're gonna find every homeowner every property owner because
somebody doesn't pick up a few bricks or some trash was left from two years ago We got one that a very unreputable um builder in town has left stuff on this person's property It's not our problem with us and him It's with us and them But yet they want us to come clean it We
can't we can't find him He's dust in the wind And we all know who it is But by the same token we got to find the property owner because there's pro there's piled of debris left on their their property from Milton So it's just it's just that and
then they try as hard as they can but realtors help us out or you're watching I know somebody one of you are but it's like help yourself We all know that when you come in and you set up a house to sell what do you do You don't trash it up You make it look as good as you can mow the grass weed eat do that kind of
help help you out If they're not going to help can we take their sign off Got to look over there I think what uh town manager is saying there's a great opportunity for a partnership I would like to know Andy how you really
feel I wish you'd asked me a few weeks ago But no I mean that's we did We just kept saying that Oh that realtor that realtor We're like "Okay how could we hope the the letter has or is about to go out." The letter is Yes Nancy and I have been
working on or is about to go out It's about I misspoke for those who going to say I said the letter went out I It's not out yet but it is being prepared It's a very very gentil letter Very very calm Please help us be successful We
haven't we have it's not you we're going to find your your homeowner but we are It's coming It's just a matter of time We just made a list Since we're on this subject this was on my list for council items so this will save time in the long run but it's gerine to what we're talking about Do you think we had a nice conversation with the uh with the
neighbor this morning during public comment but but I don't think the folks who are not on the inside understand frankly what happened to that 8211 Astero Boulevard property You just want to spend a minute explaining obviously there's some aggressive action being taken Just want to explain to the public
what what what that is for people in the neighborhood who may not be following it No Sure We we we had a homeowner who basically walked away after Ian uh investor comes in bought up a bunch of dilapidated properties uh hoping I think and on the onset to flip really quickly
you know not have to go through the process whether it be permits or whatever uh try to find the shortcuts Um he wasn't successful Um we he got caught up in that first phase of the red tag process by our building official He then
contacted our building official and they worked things out which can be done if you can supply us with a a reputable structural engineer who's willing to sign on a dotted line that yes his license at stake but I believe my client's structure can be saved And you
list the reasons why Joe's obliged to sit down and listen to those conversations Um and and this gentleman came in in the in the onset and provided that um we gave or Joe we talked it over and and we allowed
that person to have a permit That permit got extended Once we found out that he was just kind of basically daisy chaining you along without doing any work Um which came up I think about a month or so ago Uh we immediately that morning revoked all permits all use of
getting permits and demanded that that house be taken down if not by him by us Uh we have another individual um on the same road uh who was really kind of taking their time on getting a structure down um that's in plain sight And uh so
we took some limited action on that that particular property owner Um so we're we're doing the same thing Um I told Joe uh over the weekend in conversations back and forth which u everyone was
involved in that uh the person has up till today to come in for a permit If the permit isn't issued today or he applies for that permit today that the town will take care of it and the town will take it down in 15 days This is the 8211 8211 Um I've been told during our
meeting today that that person has contacted the portal I don't know if they have actually secured the permit or not We'll find out after the meeting here Uh but uh regardless um we will take action We're not we we can't let these things go on Um public safety
aside you know um Andy and I have been kind of doing this stuff for the last two years and we've heard every story We've listened to every every type of scenario where someone's come in and gosh it was my great uncle Elmer's house And I you know I walked down here from
from Sagenol Michigan it's taken me two years to get here on foot and and and boy I really want to do something with this property Can you just give me a little bit more time Um we we did all those things We listened to those people and we still will continue to listen to those people but we all know there's a
awful lot of people out there that have a story and no substance behind it And uh we those structures are coming down one way or another And one other thing there's a there's a a property um the former Fresh Catch uh instructed Frankie to reach out to him and say "You either
do it or we're coming in a couple weeks to do it We're just going to do it Too bad." And the attorney can can have to stop in between me and that But these things just have to be done We can't keep fighting Then you got an email the next day that you know where his status was and what he planned that now he settled with the insurance company which
I thought had been done three months ago but that's neither here nor there So it's supposed to be coming down this week Correct Right That is correct And if it's not we will we'll be there next week And he's been told that He's he's well aware of it
Thank you Mr Town Manager you mentioned the meeting with FEMA this week The mayor received a letter last week and we were forwarded it dated March 21st Did you see that And any comment on that was that basically to me what I got out of
it having not been there was that it summarized up your Washington visit to me but I don't know it was just a rehashing of Yes sir I've seen it it was a rehashing of everything that that we've been talking about with them since November just kind of formalizing putting some dates on it and that type
of thing so yes that's kind of the the meeting we also had about the the properties that were about 1 1600 they were down to 15 something Dr Col's been through that and and we've got almost 100% of that that uh document completed a spreadsheet that we're providing them
and talking to them Hopefully by next week end of next week we should have that completed and and back to them Thank you And it is our goal to have everything submitted to them early a couple weeks ahead of time before their March 4th deadline right May 4th or May 4th sorry Yes sir rightcluding before
the May 4th deadline including this the CRS application the intent all that stuff Currently the FEMA group is really focused on the crosswalk and our conversations that we've had We've had a weekly conversation with the FEMA team and they've been very receptive to the
changes that and updates that have been made to the crosswalk and um the meeting is this week and we we hope we get some feedback that will give us some time to adjust to anything that they may see So there's going to be some give and take before the May 4th deadline So there are no surprises At least that's the
meeting's Wednesday And and to that point uh we've sent out letters to property owners um again knowing that list that was provided to us last year from FEMA um saying that these are list of homeowners that we gave funds to through the flood insurance program
Um do they have permits Um and at the time Tom and I were scratching our heads like "Okay this is after the fact and you are holding all the reports You're holding all the uh Oh yeah We're not going to rehash all that." I mean we we have sent out letters and we've gotten a
very wellreceived uh flood of people coming in for after the fact permits And that's what it's all about Just coming in telling us what you did to your home maybe you didn't do anything but at least having that conversation with us so we can properly document that and show FEMA that we've
taken just one more step as far as reaching out to these people So that that's where I was going to with Mr Thank you Jason has one more thing Uh last year we submitted a letter to Honorable Byron Donald's about some
um um an appropriation with the federal government Yeah just Jason Freeman again for the record hopefully something quick on the legislative side But um as part of this process uh last year you all authorized us to uh put into appropriation requests one for storm
waters and utility improvements and one for uh equipment and infrastructure repair Along with those appropriation requests a letter um of community support is required for those appropriation requests And after coordinating with our federal team now
they've recommended that just in case those projects we do know that the storm water and utility improvements is on Byron Donald's project list for uh FY2025 but they've recommended that we do resubmit those uh two requests as well as an updated community support letter for this year just in case that
funding doesn't come through from last year We already have it in the system already um authorized to go for excuse me for next year as well So we've put together a similar letter just with updated dates but are just seeking authorization to have the mayor sign that community support letter again and
then submit those two projects So just in the event that uh those don't go through from last year just speeds up that process for this year too So and just a little background on why we have to do this is our federal team has informed us when we were asking about
these appropriations that we were it was still in the queue going through the committee processes They said "We we're very very blunt They said "Well we can give you that answer We don't have to we don't have to reach out to get it for you." And it's that that that money is gone Everybody's money is gone With the
new administration they zeroed out all the appropriation requests So it's not because we did anything It wasn't because of any other reason than change of administration They wanted to start zero I don't know if it had to do with the Doge or what it had to do with but uh that's what we were told and that's why we're having to go through this
again Correct So yeah we're just seeking authorization then to have the mayor sign an updated letter just with new dates on it and then we can put in there um if agreed upon by you all that you all did the unanimous support for it which is just a community support letter required for
that and get those two projects back in Can we hike it up based on inflation I'm serious I think that's something we could do We can coordinate and see if that would change anything with it But yeah you If you all would want to
provide updated numbers for it we could I think we did at eight and two last year So Joe could probably tell us what those numbers could be I think they had backed it down hadn't they from the original request So the
eight we had a little more progress with than the I think anything under like a 10 is probably number this whole appropriation thing does go through HUD as well So if it's not related to blight or desperate
need which we fall into both categories uh blight not on the housing side but blight as far as the conditions to our beach and and community after Ian Um those two factors helped us get as far as along as we did We just have to take that in consideration when we're asking for something because it does all these
requests federal appropriations on this level go through HUD Are you I'm sorry mayor What didn't they tell us Some of these are just kind of bought back of the bill type things as well or am I confusing that with Tallahassee Yeah Yeah They they they
weren't real keen on the 2 million part of it The 8 million was the one that was moving through the through the committees until the change of Yeah And it did make it on this project list which was good news for us It's just now we're kind of just redoing everything just in case it Yeah doesn't go Do we
need a motion on this or just consensus I think a motion would be preferred and that way we have it on the record than just uh if we need it I'll move that uh we um authorize Mayor Allers to sign a letter to Congressman Byron Donald's regarding uh community support letter
for the fiscal year 26 appropriations I'll second motion and a second Any further discussion All those in favor signify by saying I opposed hearing on that motion Thank you all very much One last thing
if I may Yes You're probably not popular after that little rant but you haven't been popular for a long time Seeing how you just uh took a big step toward replacing the town manager um we all know you probably won't have anybody by April 30th May 1st Um should it be the
desire of this council I'm I'm willing to you know work with Nancy one of the elected officials to extend for at least 30 days Um and we can see where we are as we get into the into May if that's the desire of the council
That is but I would imagine you needed to do it by the next meeting since that's the last meeting of April That would be my desire Let me speak first And I'd uh ask that uh Councilwoman Woodson be the point
person If you if you can do that be the council be the what To negotiate the extension Oh the extension Oh absolutely I can do that So I would I would do it for a year See she's negotiating I got that already
written up So no blingly Anyone have any objection Southern No objection No object John any objection No objection whatsoever Okay Okay See I'm pulling it out again Andy That's all I have Thank you I know NY's
chomping at the bit to get the words to do what To get to your item Yeah I am So it's not all that Andy has to say because working with his team last week I don't know if you were able to watch our special magistrate hearing um on
Tuesday This was before our administrative law judge Um we had uh the property at 131 133 Eststerero Boulevard Um we had two cases One was an appeal of a demolition order which had
been issued last year Um and we followed up because there was an appeal that was pending and that building was still there So Tom with his team they went in and did a property maintenance code violation So the magistrate heard two cases related to the same property Um
there was some discussion back and forth they basically um stipulated that the building needed to come down and also um that there was uh property maintenance violations but then the big debate began
on how quickly can they do this um and I had off um conversations subsequent to the hearing with u Mr Davies and you know they wanted a longer period I wanted a shorter period um and ultimately um Mr Davy's assistant
informed me on Friday So remember we had the hearing on Tuesday Friday that they had applied for a demolition permit and I spoke with Frankie this morning and his team um Eli and the permit has passed the city and or the town and is
at the uh also the fire department has approved it and just waiting for and they're just waiting for payment which I mentioned to Mr Davies So it looks like that building is going to come down voluntarily but as we were going through our meeting today the judge did render a
decision and according to the judge um they must come into compliance on May the 9th So what will happen is um we will monitor and should they not come into compliance um they can acrue a fine of $250 a day for each day that it is
not demolished Um and we also have the authority to go in and demolish it ourselves Um so we have that right and that power However if they do it on their own it's much easier and better for us so we don't have to put out the expenditure of it So the bottom line is
hopefully by the first week of May that building will no longer be there My recommendation is if we if we do go on and do that that we put leans on them and not Oh absolutely And that way that's a little different dynamic that that we have a little more control that
way Yes And then the other worst case scenario if it's he's got until May 9th May 10th I'm in there May 9th Yeah May 10th then Yeah Um you're going to be here That's right He's going to be here And
then the last item is just what you have on your agenda Um I just need a vote uh for your approval of the diaasi dbasi dbasi It's an Italian name and I should know that um settlement agreement
This settlement agreement was negotiated back in December and then there was a lot of back and forth between the attorneys um as far as the actual language This has also been on your agenda a couple times which we've pulled Uh we finally have a signed version of
it The material terms have not changed Um there's a copy of an unsigned cop uh version of it in your agenda materials but we do have a signed copy So I would just ask for your approval of that Can you give us a quick history on this Sure
Because it goes back a while It does go back a while And for whatever reason the town went in and put some infrastructure in I believe storm water Jeff you may know more than I about this but he had a u a boat dock and the town took out the
dock and put the pipes in Um this is way before Ian Yes Oh way way way before it So the the settlement that so he sued and of course he wanted a gazillion dollars but the settlement um basically we will pay him um the $85,000 for an
easement to allow our infrastructure to remain in place Um and he will dismiss the lawsuit and um that will pretty much each party pays for their own costs um and he will release us from any other
type of claim So it's a pretty straightforward um settlement of of the issue Um the bottom line is is we went in and put our infrastructure in and we really weren't supposed to do that Nancy isn't it um we
pay part of it if MIT pays part of that on this as well We also they started at a very high number Oh yes With some other things that I would refuse to do And so we we I mean it was like $200,000 cash and also doing if I may us to build
the boat ramp to get D permits and things of that nature and I refused to do that So we really came out with a win on this one How much are we talking because in the past there had been a dollar figure associated with it when it was on the agenda It's 85,000 Okay Thank
you I think we pay half roughly half and the insurance pays half Yeah The insurance is involved in this 40,000 is the insurance and move the balance So I just need a formal motion to approve the settlement agreement I'll
make a motion to approve the settlement agreement for the DBSI case Second A motion and a second Any further discussion All those in favor signify by saying I I Opposed Hearing none That carries Okay Thank you Nothing else Nothing else
Okay Uh council member items in report Scott um I think we all probably need to have a discussion You know I I worked for a company years and years ago that did risk management and seems to me that we
have quite quite a risk on out there And I'd like to get your opinion of this um the information that we was brought up to light over the weekend Um I I don't know how anyone can come in
to the LPA and get a fair shake And I think it's a risk I think it's a a legal We're just exposing ourselves on so many different levels And I'm really concerned really concerned So I'd like
to get your your legal legal take is you know you're because you pretty much are our risk manager So okay I I would like your feedback and everyone else's feedback and you know what legally can we do Are the first amendment things that you know
we we can't do anything is what what what we we just need to have a discussion Okay So just to kind of frame the issue for everyone um and it was brought to my attention as well um that our chair of our LPA Anita Sarasita um
that she is a member of um the protect FMB um that she has apparently donated money and has also u promoted the organization Um and the concern was that can she be fair in her um role as the
LPA chair and her participation in quasi judicial matters Um she does have her own you know constitutional first amendment rights to her views on um policies Um there's also a
constitutional right to associate with whoever you want Um typically when you make your appointments to uh the various boards you do try to look for a diversity of opinions so that you have a robust
conversation Um in the alternative you end up with um a group of individuals who are pretty much just rubber stamping um approvals one for one policy perspective or a different one Um so the
authority to appoint is yours Um this morning there was some um comments made during public comment referring to um 2-96 in your code of ordinances And I just want to read the very first part of
that It says "Unless otherwise precluded by state statutes ordinance or resolution any member of an agency board committee or commission shall serve at the pleasure of the town council and may be removed by the town council or with
or without cause In the event the member no longer possesses the required qualifying criteria or is convicted of a felony while in office um basically the town council shall terminate the appointment So your ability to remove
for specific reasons would be if they no longer lived um they no longer possess the uh required qualifying criteria or if they're convicted of a felony there's nothing there regarding a conflict of of
interest in in that there may be a perception of of bias The first sentence does talk about may be removed with or without cause However it is qualified with that beginning uh phrase that says unless otherwise precluded by state
statute ordinance or resolution What should also is I think it's implied would be any type of constitutional um prohibitions that you may that may um that may be applicable which in this case I do believe there's probably two
There was also reference made to whether or not there was a violation of chapter 112 Um you know whenever we do our public records or excuse me our u quasi judicial hearings we always a I always
ask at the beginning does anybody have a conflict of interest that may prohibit you to make sure that we have the quorum uh present to do the vote So under chapter 112 there must be some kind of um special private gain or loss a
special gain or loss to a business associate A special gain or loss to a relative um a special gain or loss to a client uh with whom I'm retained Special gain or loss to the uh to so and so which is the
parent subsidiary or sibling organization of a principal which has retained me Um so I don't know that there's a conflict of interest under chapter 112 Um I would caution you to rely on your
code which may be uninforcable for reasons under the constitution Um that 2-96 Um your authority in this regard is really the appointment Um and whenever
her term comes up that's the time that you would have to decide um if you want her to rec continue to participate in the LPA or if there is someone else that you would prefer and feel more comfortable with
Um and let me see if there was anything else I wanted to say I can't remember right now Um so that's kind of where where we are I think on this on this matter Does uh the LPA go through the same ethics training that were mandated to go through They do
No No No they don't They don't have to report it but I think that they are subject to chapter 112 Um oh the other thing I wanted to remind you of is um just as we did today during your quasi judicial
um hearings that you had you had two when you make your exparte disclosures I do take an effort when it's a very important decision to be made in the town to ask you know are you still able to be impartial in this matter Can you
render um a fair decision or are you biased And you make your disclosure and then the um applicant the property owner's uh representative has the opportunity to question you uh as to whether or not there is a bias or not So
that's kind of the check and balance um that we have That's what I can offer you um as far as a response So as our risk manager quote unquote you don't feel there's a risk
I don't I mean I will ask at the hearings just as I do for you uh whether or not she feels that she can render a fair and unbiased decision And you know we all have faced decisions like that you know it might be somebody that I
just really dislike but can I put my feelings aside for that person and be fair I think I think disliking something is a huge difference between supporting
um monetarily and also suggesting to others that they donate into a lawsuit against the town when you're appointed by the town To me that's a huge conflict of interest
And in all honesty I don't know how anyone could say that they're unbiased when they when they're contributing money they're soliciting others to contribute money And I would say that about anybody on this council I
mean you voted against Seagate Yeah Are you part of protect FMB And did you give any money to it Absolutely not I mean I would ask that of any LPA member I would ask it of our council I would ask it of our audit committee because I think these three entities are held to a much
higher level than I don't I'm not diminishing borc or anything like that but we are involved in the day-to-day business and how someone can honestly say that they are unbiased when they have given
money to support a lawsuit against the town They're biting the hand that has appointed them And I don't I don't see how that's right I don't see how she should continue in that role
So I I asked you know I opened up the discussion so I'd kind of like to see where what where everybody what everybody's thinking vice mayor Well I think they're fair questions to ask but I do think there's a due process dynamic here I think the accused ought
to be able to be here to defend herself Uh it's a little problematic because this organization uh claims confidentiality with respect to their donors So I don't know how one gains evidence as to who their contributors are I just
think that it ought to be an open discussion with the accused here as well and then and and then have that conversation I I think it's it's challenging to have this conversation without the person involved here uh uh available to defend
herself I I think they're fair questions though John well I I think the optics are don't look good at all for any of us Um I don't know if anybody's been updated on their ethical training this year or
not I did Uh I was stunned by the presentation of some of the things that stood out um from this presenter who u who works with towns and cities as as their attorney as well But he talked
about things like u not even going to a site visit because that can uh cause some concerns So I mean that that raised a red flag with me I don't know if you know I I try to take it early in the year so I can get it out of the way but
um it it it presents to me in my mind an ethical concern as well Um I understand the vice mayor um yeah I think you need to hear from from the individual I mean my understanding is she's the one that
promoted it on her uh uh website or her social media page So um I don't think there's any question of of uh the donation or the solicitations Um the only in my mind the only ones that uh
will donate to both sides of the street are are usually corporations when they're trying to pick a pick a candidate or a party Otherwise you v All right In my mind you've already voted with your pocketbook All right Well yeah I agree with the optics I It's certainly not something I
would have done Um but we all know this person very well Whether or not she can be impartial or not that's only for her to answer What I heard from you Nancy was it's not necessarily in our purview to be able to You could ask her if she
wanted to resign but you could not force her at this point You have the right to reappoint or not reappoint And I don't think her term expires until October September 30th September 30th Okay
Yeah I guess I mean I certainly respect someone's ability to their free speech and and they can say what they want I agree with the optics Again I wouldn't have probably done that but Um here we are where we're at And if you're telling us that we we can't force someone to
resign I don't know how much more of a conversation we could have about it Well you can ask them but you can't you can't take them off the committee So until we went through all this and
had the conversation and had um Anita if she wanted to defend herself could we recuse her from voting until we get this imbalance here
Because I mean how can you say that you can vote Well I think that that's her her decision that she would make if she um believes that she can be um unbiased and fair and come to whatever quasi
judicial hearing is before her with an open mind just as you all do I don't none of us have but we have not given money or solicited people to join in a lawsuit against the town
I recognize that but We don't have any type of um prohibition against who you donate to and who you don't Um because that's who you want to associate with Um whether you give to one of the political parties
or to a different political parties Again it's it's part of your association with a group and there are protections for that So I guess go back to you Scott This is your council member Adam I I just brought it up I want I I'm more cons
well optics are bad enough but I'm I'm looking at the risk risk management of you know opening us up for lawsuits if if somebody gets denied and feels that they didn't get a fair shake I I'm I'm worried about that So that's my concern
I just want to to bring it up Okay And I'm I'm certain she's probably watching this or we'll hear about it at some point So um I'm with you Vice Mayor Holt that if she was standing here we'd probably be
having a different conversation But well I just want to I just want to raise just want to bring up we'd have a more thorough conversation if she was standing here Well there's a meeting tomorrow Any one of us can go and speak in public comment
I would I would assume right We have the ability to do that You do Um you also have an M&P meeting this week If she wanted to come if you could ask her if you would like her to come that's an opportunity you have as well
All right Anything else Scott No sir Okay Karen No I I think the biggest issue I mean we're up against a wall here and the big issue there's a huge vote and discussion taking place
tomorrow and that to me to to not have any kind of um conversation with her be before that meeting or anything like that and just to understand and yeah if we have to go to public comment and voice our concerns
at the LPA Maybe that's one way to do it because you know we have a huge vote coming tomorrow and it's exactly in line in many ways with as big as the Seagate
project it's the arches and I don't think they're going to get a fair shake my opinion So there is some responsibility on the part of the property owner developer and their um their legal team and um and I
have had that conversation with them if they feel that any of you are biased Um they have that opportunity to probe and ask you questions and therefore determine whether or not you're going to be fair to their client or if you are biased and have already made your mind
up regarding a particular item So that is another kind of check and balance part of the dynamics that goes into that entire um conversation Anything else
Vice Mayor Hope I have a couple uh items Uh I know it's late in the day but I just go through these quickly because I think that'll help the staff town staff expedite it with the council's at least blessing in terms of what we know thus far
Um there the residents on St Peters Drive would like to turn over jurisdiction of their street to the town of Fort Myers Beach They had a neighborhood association meeting and I was contacted by Jim Bone who also
serves on the LPA and he uh is asking for the town to give consideration to that and I think it's a relatively unusual development for the town I've talked to Andy and Frankie a little bit about it and maybe Jeff can't remember I think Jeff was on the email maybe copied
Nancy as well but I just wanted to get a sense of from from my colleagues whether we're comfortable at least exploring that option and if so I don't know if that's a Nancy issue or if that's is that seeing Ted's nod and how one well just in terms of how procedurally one
goes about turning over the jurisdiction of their private road to the town of Fort Myers Beach So um the first uh hurdle that we need to get over is what is the public purpose of taking over that road because there will be expenses associating with the maintenance of it
Um also evaluating the condition of the current road for liability purposes Um thereafter it can be deed uh to the town and the at a public hearing then the town would accept it Um and then it
would be recorded and it would be our road added to the uh list of roads that the town owns and I would defer to um Jeff and Frankie as far as uh what happens then Yeah I I spoke with them This started
almost a year ago I was there on another situation Um and uh they brought up the the idea of uh the one time the HOA they couldn't get their gate up um that they wanted because of the fire at
that time Um the road is a road just like a lot of them here in the town Um it doesn't serve anything for gas tax that's done by population It's not done by lane miles Um so it would be a discussion made by management Um and
then like Nancy said in council to receive it or not receive it but u I would support exploring it at least see game Should we uh would it be helpful for Mr Bo who's in a previous life a municipal attorney Would it be helpful for him to maybe come before the council
and maybe talk a little bit about the background and explain why and so forth Would that be helpful I'll encourage him to do that That's fine For me I think the keys uh are as you know having sit on the no what Nancy talked about is
what condition is it in and those kind of things before you accept anything On along similar lines just in the case of full transparency I've been asked by the folks who live at Wateride uh they have just replaced all of their
fire hydrants or most of their fire hydrants with brand new hydrants and and incurred those costs that is on a private road as well Uh does have city water back there but they are interested not so much in relieving themselves of the fiscal responsibility They're
they're are interested in transferring sort of operational control and maintenance control over to the town Obviously the fire department does the inspection diagn of managing high fire hydrants in a professional way at least and they're interested in shifting that to the town
And again I've talked to the town manager and Frankie and just full disclosure I I live there but that's why they approached me because they knew I knew somebody And so I uh I'm just that's why I want to be very transparent about it I would obviously recuse myself from it They have replaced me They just
put brand new hydrates in They're all literally brand spanking new They're good looking So it's it's just more of a matter of just sort of from a public safety standpoint they're trying to shift the shift that responsibility to an entity that does that every day And that's their that's their that's their razison data if you will and that's
their expertise Uh and these hydrants were pretty rusted out when they got replaced So I think it's better to have somebody really and maybe there's a dynamic where if the town says at certain at a certain point hey you know we have we have maintenance control and
the town and the fire department has uh uh inspection control but if they if they need to be replaced maybe that's still the the fiscal responsibility of the association EBIA also has hydrants along Bay Beach Lane that they may want to participate in this as well in terms of just we're just trying to make sure
professionals are going along checking the hydrants on a regular basis basis just as they do every road on Fort Myers Beach They're not really trying to shift fiscal responsibility to the town They're just trying to to to to shift it to people who are are are subject matter
experts in the area So Nancy I just again look for you for it's a little unusual uh but at the same time something to chew on and think about Uh they've asked me to just bring it forward and I'm I'm doing so They're behind the gate How would that and I'm
not the expert on fire hydrants so I got to look to Jeff Um does the town have other fire hydrants Is are we do we on a daily basis maintain fire hydrants Not on a daily basis but I mean we do maintain them as as we go along I I mean
I just noticed the one on on Golf Beach is kind of leaking so we do go by and inspect them Um they're ours They're ours Yeah Well the fire department inspects them and then notifies you if there's a problem Is that how it works J Or we find them and or we get a resident that calls and says there's something going on with them Yeah So I mean it it
just it'd be added work to our staff and they tell me the the water department because the the water line doesn't end at the gate There's a there's a loop there So there's another line that goes all the way till the end of of of the wateride And so the water company's back
there on a regular basis to flush out that line because it's it's it's town water It's closed It's not And so they're out there on a regular basis So I think they're just hopeful that we could kind of just get added to the inspection list Yeah I'll talk to Mark and see what we some Yeah think
something to think about And then lastly this is not like a This is like more of an easement wouldn't it be Nancy to to get into that property Oh yes It also probably maybe some kind of bill of sale because it's actually an
object that we would be acquiring ownership of Yeah I don't know if you'd own it or just just assume a maintenance or you know some kind of agreement I don't know maintenance agreement or something Some kind of maintenance agreement you know something to think about Just I just So put that on your
list Nancy I know you got nothing else to do Uh the uh the uh the other issue is the the beach school This this is a this is getting a bit timesensitive Uh we've had a litany of ad hoc uh
committee meetings to to save the beach school that consists of many folks from Lee County School uh administration and a number of parents and myself and the principal and one of the teachers and we we have very uh long meetings to discuss the status of the school As as folks
know the kids are still not back at the school Uh we've had some distressing meetings as of late in that the school district has done an assessment of the school building on Fort Myers Beach and they they're they're they're declaring
that it involves serious work and they've got five different options that this they'll be they'll at some point be bringing to the school board Uh they're going to recommend one of the options to the school board by early June which is close to the last day of school So sadly
our kids will not be getting back to the beach school this spring and likely since all of the options at a minimum take seven months to complete terms of the renovations necessary to the building they're between seven and 18 months or the are the various options
probably more likely in the seven to eight months range Uh they're they're looking for an intim solution to keep the kids on the island One of the things that has been I've been in discussion with town staff about
is to see if we can use these existing town trailers when the town shifts over to the new town hall The the the the Lee County uh school district team came here Friday and that was hosted by our staff They did a great job of explaining the
pros and cons of these trailers and uh obviously we've got a lease on these trailers So I we haven't talked finances yet but there's potential that the school could assume uh the lease assuming we can subleasase it Uh I think
one of the challenges that I haven't had a chance to talk to Andy and Frankie yet and it's informal at this point but just from what I'm hearing because one of the uh ad hoc committee members John C was at that visit here at the town hall there's a sense at least from a preliminary standpoint that they are
intrigued by the trailers very much but they feel as if it might be better served if the trailers stay here in the current location for the next seven eight months Now I know the town has plans for this property and and there are certain grants contingent upon that
So I just wanted to be transparent let everybody know what's going on I didn't know if it's possible uh you all are the experts with respect to working with our friends from Lee County and HUD if it's possible to delay that plan for six to
eight months for the kids to be able to stay here and use these trailers or at least do part of the program It's not a it's not a county issue It's a federal grant So it's comes from HUD right It's not park parks and recreation And we we asked for we already asked for an extension on that Two extensions The
last one we asked for 18 months and they gave us six and they basically said that's it So So there is no possibility for I mean we could definitely ask but it took us about four months to get a response back last time Yeah I mean trust me none of this is ideal Yeah No
I'm just saying with the Yeah So it's the million-dollar match grant that we have to build pickle ball courts right as we sit and then the big open multi-purpose field So yeah I I think the ask is could you explore the feasibility of it and and you know just
take a look at it Well the the only problem is by the time we got an answer we've got to be started here I don't know we get an answer before we have to be under construction and we're putting the bid out this week Yeah For for whatever reason there's some concern about I don't know if it's the cost of because obviously we could move the
trailers over to the school uh and potentially to the old town hall property in a pinch I sensed it was a cost factor They'd have to give us the million dollars if we gave away the grant so they could weigh that out Well I just wanted to let my colleagues know
what's going on These are the conversations that we've been having and uh these are it's a tough situation for the kids and the parents And uh the sad chapter of this is that as we're working diligently on these five options there's
a little piece of this puzzle that gives some volatility to it They're hiring a consultant to determine the viability of these five options I thought we already determined the viability of the school in the four-year interlocal agreement and so
that was troubling to all involved and uh and still that that remains a point of contention but we have tried to share our concerns with the uh the appropriate school board members and with the superintendent Um conversations are
ongoing Uh negotiations are ongoing hopefully in good faith And so that is that is the latest with the Fort Myers Beach School Uh so we're hopeful that we'll have good news in early June with some definitive plan of attack but some
of it is contingent upon these trailers and and if they don't have a good trailer option the kids unfortunately would have to go off island for school in the fall uh which creates obviously hardship on the kids and the parents but also creates hardship on our ability to
market the school to prospective parents and to folks who work on our island So it we've been placed in a very challenging situation once again by the uh well it's just taken a long time since Milton to really get things cooking uh with our friends at the Lee
County School District So we're now behind the eightball once again just like we were after Ian I think you're being much nicer than you need to be Trying to be Trying to be Uh because we obviously still want to work constructively with our friends at Lee County School District but they are Pick me They're putting us in a tough spot
Pick me Dan Oh Oh Oh Pick me So that's that's that's what I know at this point Okay And that and I think that's all I have I did have a question John probably knows the answer to this more than anyone since we can't talk about such things But somebody asked me and I used to know this but the
South Bridge is is progressing nicely and I know they're using they're going to destroy the old bridge and create a a reef offshore but is there a fishing pier going in underneath the South Bridge There is not There's not So there is no And there's no fishing allowed on the South Bridge and the New South
Bridge as I understand it because it'll be I believe it'll be too tall But there is no underlying fishing bridge on the South Bridge I don't think they I think it was fought for but I don't think Yeah I couldn't remember either I know in some situations they leave part of it just to to serve that purpose Yeah No
but this was for the new one If if they are going to put something in there I I seemed like they had waffled back and forth If they were going to put something in there it was going to be accessible only from the lover's key side Would you be kind enough to ask at the next meeting and announce that for
us I would be happy to do that All right Thank you I don't know who else to ask That's all I have Thank you John Um I'll help try and be quickly Um I learned over the weekend that one of the fire department folks that uh has been in charge of our uh permitting is off duty
for a while Is that impacting the first we've heard of No I I got good news I mean let's answer this first We haven't heard anything about heard anything You heard anything I've not heard anything My understanding was that this
individual is off on extended leave and no timetable is when they return and I don't know if their work has been divvied up or how it's impacting us going forward as a new I'm sure they pass it around They pick up the work but we have not heard We will inquire I'll
get Joe We got a meeting with them this week so we'll follow up We'll see who comes to the meeting Well I don't think they will But um any update on the the new town hall Wait we're waiting on our fire permit
sir There you go And what about the elevator Got a meeting with them tomorrow What's the specifics about the elevator It's the uh shaft that goes You're talking about shaft that ra I knew you were going there that raises the elevator up and down
They found out when they got there it took more than what they thought to repair it So now we're waiting on that as well Thank you That's all I have Hey Dan I've got one other thing Yeah go ahead Um the Community Foundation still has tickets available I think about 20 left I spoke to them this morning
They're having their event their Vegas night at Diamond Head at 6:30 on Saturday So um it did sell out last year So if you're considering going get your tickets now over here The only thing I've got speaking of risk management um
was talking with a resident who's in the risk management business and has offered for free to have one of their risk management professionals come and do a riskmanagement assessment of the entire island on behalf of the town Again at no
charge if that's something we would want to go down the road to do To me it sounded like a good idea It points out deficiencies in sidewalks anything that could potentially be a risk to the town legal wise I also I don't know if it's so legal wise once you know of a
known hazard you have to correct it because should you fail to correct it and there is an injury um there's not a lot of defense that you can um argue Well I would argue that we would want to fix the deficiencies anyway but it all
comes down to funding and reimbursement Is there a timeline Is there a timeline for it for if they if they deficiencies is there a timeline in which it has to be fixed so that you're in No but let's say it's a a trip a trip
hazard because there's a break in the sidewalk um they will say that the town knew about this hazardous condition and didn't and failed to do anything about it Um so you need to be careful However you can target certain areas and perhaps
identify some risk areas um maybe sidewalks in an area that's highly uh used by pedestrians and just focus your target there But you will have to make those repairs I'm sorry mayor This was brought to you
by somebody in the business or is that what you said or Well it's it's just someone that lives on the island that that is their business that offered the services It wasn't for anything other no specifics as to there was a risk management issue Just that I just wanted to get clear on that Yeah they were just
offering their services for no cost to the town And maybe I guess I was just looking to see if it made sense to have their people talk to our people and if it makes sense it makes sense If it doesn't it doesn't I don't know I was just passing the message on No no And it's fine I mean again if you want to
target an area um we do want to make the island as safe as possible for everybody But would that be something they'd have to come present to the council as a gift It had to be received or we'd have to put it out for a bid or how would we We would probably have some kind of
agreement with them Correct um just what the services are going to be the fact that there's no um compensation required Um so I will just pass the message on to have them reach out to the town manager and town attorney and you guys can Okay
perfect Take it from there That's all I got Move to adjurnn I was going to see if anybody else had anything else Nice try I got a motion to adjurnn Second Any objection