##VIDEO ID:w8PQ6k7Yl3E## e e guest Internet doesn't seem to be working but there one is ready okay good morning everyone we are going to call this meeting to order today is Monday uh October 28th it is 9:01 a.m. all council members are present town clerk Town manager Town attorney Al to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with libery and justice for all I think I was being picked up on a mic was it next is the approval of the final agenda there are a couple minor little changes Town attorney would you like to take the first one um yes thank you mayor um so agenda item that is currently um item e unsafe structures appeal process um when you open your public hearing we would be asking for Contin second second by councelor Stafford any further discussion all those in favor signify by saying I opposed hearing none that motion carries unanimously uh next public comment my speech for 10 years I'm going to be Devil's Advocate today I have many concerns I wrote them down so I don't miss any for the record I have been arrested and a for my your speech for 10 years and like I said I'm going to be Devil's Advocate I have many concerns and uh for the record I do not know any developers so I have no bias continue let's let's continue let's let's think we're going to have an empty Island so we should be grateful to this people are taking their chances building here and helping the community okay uh as you can see we have the island people are Taking Chances bringing their little businesses we have to help them we have to help the people that are going to build rebuild better safer president of myar Street um good morning Council good morning staff I'm actually here for um my input of what that they're surrounding that's a plus that's really important because we are neighbors for example if a neighbor needs help we'll help him out I this is in regards to EC so we have a crosswalk that crosses over a stero Boulevard through mear street so even though I'm here speaking to you I'm actually reaching out to the developers and my community I would like to see at least for marar Street me from last week's Marathon hearing on eibc I'm the attorney for uh the property owner um really appreciate your time and consideration just a reminder too if you're going to speak specifically about one of the public hearings today and you want that to be part of that hearing's record wait till the public um turning the tides for the Bay Oaks fright night and having all the kids and everything show up it was like a two or three day turnaround I think when it was decided that they were going to take over so I really uh Council King well most of us no I guess we wearing pink of some sort uh in recognition of breast cancer awareness month I know um councelor Woodson you're a Survivor how many years is that got an email that the internet's not got an email that the internet's not working on YouTube or Facebook res internet is not working I think it's video video I'm guessing e e e e e e e e e e e e e e e e e back here sobody can holy that was loud ech Jason let me know when you're ready you ready okay we're going to call this meeting back to order it is 9:25 hopefully our internet issues have been worked out if not we do have a camcorder here recording this meeting that would get uploaded at the end of the meeting um should you not be able to see this our next item is Adi advisory committees items reports and appointments before we get to the local planning agency appointments are there any other committees that are here to give us any input seeing none we have is six people that have applied for four positions on the LPA committee you want to read them and then we'll allow if you're here and you want to say a few words to read their names please do uh we have Jim dun Jim Dunlap Doug emman John McLean Anne neif Tyler spradling and Don suth have applied okay is there anyone on that list that would like to come up and say a few words before we come on up while he's coming up um can I just ask the town clerk are they all qualified to serve in these capacities uh yes they are thank you uh my name is Tyler spradling I grew up here on the beach lived here my whole life um applied to be on this committee because I think it's an important time in the island to have someone who's been here for as long as I have to give their perspective and uh you know I've gone on a couple different talks with ad Beach talk and sent yall emails so I won't take up too much time but just appreciate your um the appreciation thanks thanks T anyone else Jim good you have a question John uh good morning appreciate the opportunity um so I was uh appointed by you all and I greatly appreciate that I've had uh I think very thoughtful experience as being part of the LPA and I would hope that I would be able to continue to do so been a few months that I've been able to support and work in service to the town and and uh I think the balanced approach to it has been helpful uh and I'd very much prefer to be reappointed thank you all thank SE anyone else that I can't maybe see out there all right if you will make your vote for the four candidates and give them to the town clerk I couldn't do that again if Ian interception by the Viking best they've seen all year you know what I'm I need to read this too when we read the so what we'll be doing is we're tallying the votes and then we'll be reading each ballot into the record um and then giving you the the compilation of it okay need some Jeopardy music something it's beu in everyone's warm start doing that one I first or should I good thing I can't whistle okay so we're going to read each individual ballot okay um council member Safford voted for Jin D Jim Dum my goodness Jim Dunlap John mlan Tyler spradling and Don suth uh council member Woodson voted Jin Jim Dunlap Doug emman John McLean and Don seith uh mayor allers Jim Dunlap Doug egman John McLean and Tyler spradling vice mayor aderholt is Jim Dunlap Doug emman John McLean and Don suth and council member King is Jim Dunlap John McAn an neif and Don suth so uh the four appointees with a vote of five uh votes total would be Jim Dunlap John McLean received five votes also Don suth received four votes and then Doug emman received three uh Tyler spradling received two and an neif received one so the top four are the top four are Jim Dunlap John McLean Doug emman and Don suth you need to take a motion to yes okay is there a motion to accept the results of the appointments to the local planning agency so moved second got a motion by councelor Woodson seconded by councelor King any further discussion all those in favor signify by saying I I opposed hearing none that motion carries unanimously congratulations thank you thank you for service uh approval of the final minutes is there a motion to approve the final uh the minutes we don't have any minutes we don't have any minutes why don't we have any minutes from last meeting we hadn't gotten them by the time okay get because there's one three weeks in a row of minutes okay so no motion needed then correct okay we do not have anything on the consent agenda and there obviously will nothing be removed from the consent agenda that brings us to our public hearings the next four 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 quas judicial in nature our attorney will further explain thank you mayor so um several um land use uh decision um are Quasi judicial in nature and this requires that your public hearing today comply with procedural requirements that have been established in Florida law and in our Land Development code so these quasi judicial proceedings they are less formal than the proceedings before a circuit court but they are more formal than the remainder of our meeting our public hearings which will be legislative in nature as quasi judicial matters they follow basic standards of due process that requires certain notices the application of the correct standards and your decisions to be made on competent and substantial evidence that is presented to you either in written form or through oral testimony is your job to evaluate the testimony and the information on each item and draw a conclusion regarding whether the criteria in the Land Development code or state law as may be applicable has been satisfied so pure speculation or opinion that is not based on competent facts cannot legally be considered by the town in evaluating a quasi judicial agenda item testimony by professionals who are qualified as experts in a particular area has been considered to be competent evidence by Florida courts as well as testimony by neighbors and residents who have fact-based information such as minutes surveys engineering reports or who provide testimony based on their own personal knowledge and information your decision is final if a decision of approval is not obtained or if a tie vote results from a motion to approve or there is a motion to deny then the matter being considered is denied unless a majority of the council present and vote AG by agreeing by motion before the next agenda item is called to take some other alternative a action in lie of a denial furthermore um the action may be moved or seconded by any member regardless of his or her vote on the earlier motion now if the Town Council decides to deny an application or request the reason for the denial should be stated in the motion and the denial of a quasa Judicial matter must not be based on a determination of public support or opposition to an application the reason for the denial cannot be arbitrary discriminatory unreasonable and should be based on a lack of competent substantial evidence denial of an application or request is by default a denial with prejudice unless the council States otherwise if a application is denied with prejudice a similar application um for the same property or a portion thereof cannot be sub sub ited and reviewed for a period of 12 months from the date of the denial however denial of an application uh with prejudice will not prevent the application for a different land use um application in which in the opinion of staff is substantially different from the request that originally uh was originally denied and if the town council's denial is without prejudice then the applicant can make modifications to the original application and submit the modified application to the Town Council for further action um without having to wait 12 months before applying for reconsideration and any resubmitted application has to clearly show what the modifications have been made to the original request so please keep these items in mind um members of the public and the audience if you do intend to to speak also keep these comments in mind when you come forward state your name clearly for the record whether or not you have been sworn in and your qualifications or your interest in the matter so for purposes of efficiency um we will go ahead and address certain um procedural items for each of the four matters that are quas judicial in nature first I need to ask the town clerk have all agenda items been properly noticed and advertised pursuant to Our Land Development code yes they have been and at this time I need to ask our council members if anyone has a conflict of interest that would prohibit them from voting on any of these items please disclose this now for the at for the record so that we can assure that we have a quorum present at the time the member the agenda item comes forward counc Safford I do not counc Woodson I do not Vice mayle none counc King none I have a conflict with uh Item B the Margaritaville sign ordinance I will have I filled out or will have filled out form8 and turned into the Town Clerk and the nature of the conflict is a business business business agreement yes okay all right so um at this time um if there's anyone in the audience including staff um who is intending to provide any testimony today in these quasi judicial hearings if you would please stand and and the clerk will be uh providing you uh swearing you in that would include public comment yeah anyone that's going to speak in public comment also okay 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 the first quasi judicial item is a second reading and final public hearing on proposed ordinance 24-27 entitled an ordinance of the town of Fort Myers Beach Florida approving approving with conditions or denying the commercial plan development CPD Zoning for the property located at 2545 and 2555 EST stero Boulevard generally identified as strap numbers 19- 46-24 dw300 45800 and 1946 d24 dw300 458 0010 in Fort Meers Beach to allow a fire station and a mixed use development including Civic residential lodging retail office and Marine uses providing for other clarifications as necessary providing for conflicts of law scribers errors severability and providing for an effective date if any Town council member has any had any any expart communication to disclose please please let us know now the subject discussed and the identity of the person group group or entity with whom the communication took place any correspondence that you received or observations made of this site councelor Safford I I do not but for the record my wife is a fire commissioner just for the record councelor Woodson I do not um other than being at the groundbreaking the other day and obviously talking with the chief about it several times um I have nothing else Vice M hold the same okay I too attended the groundbreaking on Friday and that would be it okay Sarah are you covering this one or is Judi Judith all right um may I ask a question for purposes of disclosure um council member Safford um you have made a disclosure that your wife occupies the role of a fire commissioner um do you have any is she receiving any type of special gain or loss related to her um service in that capacity absolutely thank you okay Judith good morning Judith frle what's your last name Judith Frankle okay Judith I have to go through my script here sorry Judith Frankle has been qualified as expert already by This Town Council based on her education and experience and has been expect has been has been accepted as an expert in the field of land use planning and development in the town of Fort MERS Beach are there any other individuals who would like to be qualified as an expert witness on behalf of the count applicant at this time seeing none has the property owner applicant seen a copy of the agenda backup materials from staff he is not in yes go ahead good morning good morning close enough uh Judith Frankle principal planner town of Fort Meers Beach Judith before you move on I just notice that this has changed we've always did the town first and then the applicant but in this script it's got the applicant going first does it matter um technically it's the applicant that would go first often times staff goes first just to provide a general overview um and then staff does their presentation so you would prefer to have the applicant go first it would be preferable yes okay sorry I just noticed that it has switched sorry D okay I'm just gonna give a very brief introduction because you've already heard this at the September 23rd Town council meeting and and seen the the applicants presentation um so for the record the applicant is Fort Meers Beach Fire Control District um this is a request to rezone 2.16 acres from a CPD under resolution 0808 to a CPD with six deviations uh to include the essential Services building of the fire station um the essential Services building was not uh included as a land use under the previous CPD and so this new CPD became necessary the project is um divided into two parts the from portion fronting um a stero Boulevard which will contain the uh fire station and then a portion to the rear of the property um which has yet been um uh not fully defined um they are asking for six deviations the first five of those deviations relate to the specific needs of a fire station and have to do with the um the parking arrangements and the Landscaping obviously they have larger vehicles and different needs in a typical commercial development and so those deviations relate to the the the use of it as a fire station the six deviation relates to the rear portion of the parcel and what they're asking for is um the uh density allowed there is six units per acre it's that rear portion is N9 acres and typically we round down when doing density so they would only be allowed um five units when if you do the calculation it's at 5.94 and so what they're asking is if they can Round Up to have a six units there um as you know the applicant is is here um want to come up and and speak and we're here for question so I I have a question what why would you always is is it standard procedure to always round down yes at 5.99 yes in in in general just everywhere across the board yes because you you want to go with a smaller density you know because you can't build point n of building I bet somebody would try and that was applied in previous cpds on that property okay just wanted make sure okay thank you all right uh good morning for the record uh Greg Stewart representing the for hours Beach Fire Control District we had a a fairly in-depth discussion presentation on the first ordinance so uh so my presentation is simple if you have any questions I'm here to answer them um uh so um that's really about it Greg any questions for Scott for Greg uh no not this time what did I say good for now Stafford stff all my concerns were addressed on first reading thank you councelor King N I do not have any either thanks Greg all right public comment is there anyone that would like to speak in public comment regarding this case seeing none we'll close public comment I assume you don't have any additional comments or rebuttal okay I'll now close the public hearing and request a discussion or a motion from town counil to approve approve with conditions or deny with reasons or a continuance at a time certain I'll move ordinance 24-27 CPD fire station okay we got a motion by councelor King I'll second seconded by councelor Safford any further discussion councelor King hi counc Safford hi councelor Woodson hi Vice may I may is an i motion carries unanimously look forward to seeing it Chief thanks our next item is the second reading and final public hearing on propos proposed ordinance 24-20 entitled an ordinance of the town of Fort Myers Beach Florida amending town of Fort Beach ordinance number 24- 01 and approving deviations for the commercial plan development Zoning for the property located at 1170 1180 11192 12426 Estero Boulevard 251 Crescent Street 11 55th Street and an unaddressed and unaddressed Parcels Parcels generally identified as strap numbers 24- 4623 dw3 d205 z70 mCP parcel number three 24-2 46- 23- w300 006.0 mCP Parcels number one 2446 d23 w3206 z60 mCP parcel number one 2446 d23 w3009 z0000 mCP Parcels number two and number five 19- 46-24 dw4 04942 609 mCP parcel number two 2446 d23 dw3 d205 z70 1946 d24 dw4 d419 2610 491 491 2610 mCP parcel number two 19- 46-24 dw4 d0140 b. z70 mCP Parcels number two and number five 19- 46-24 dw4 0496 2608 mCP parcel number two and 19- 46-24 dw4 d498 8267 mCP Parcels number two and number six Fort Meers Beach providing for other clarifications as necessary providing for conflicts of law scrip reserves several ability and providing for an effective date a nice if any Town Council Members had any expart communication to disclose please let us know the subject discussed and the identity of the person group or entity with whom the communication took place any correspondence that you received or observations made of the site counc Safford I have none counc Woodson not since the first reading okay Vice m not since the first reading councelor King none and I am staining from the vote uh Jason SMY has been qualified as an expert already by This Town Council based on his education and experience has been accepted as an expert in the field of land use planning and development in the town of Fort Mary's Beach are there any other individuals who would like to be qualified as an expert witness on behalf of the applicant at this time seeing no one out there has a property owner applicant seen a copy of the agenda backup materials from staff don't see anyone out there the applicant is not here so we will go right on to the staff will the staff please proceed with a presentation at this time good morning counselor staff my name is Jason SMY I'm senior planner with your planning and zoning department uh so the application before you is a request to amend an existing uh CPD and a master concept plan uh this has been read once before this details uh or is relevant to two particular signs uh they are requesting five deviations total uh each of the two signs has two of the same requests and one of the signs has an independent request separate from the U Monument sign I will briefly go through what the requests are uh they have requested a deviation to the maximum height of a sign so both the pole sign and the uh ground sign are taller than 5T so they are requesting deviations for those uh both ground signs are within 3 feet uh of the sidewalk um they have requested a deviation for both of those to be no less than six Ines from the back of the um sidewalk and the pole sign had a separate request because uh pull Signs by themselves are a disallowed type of sign so Margaritaville is requesting to have that type of uh sign sign post uh both signs are generally located at the intersection of Estero and Crescent uh staff is here for any questions you may have okay mayor may I ask does staff have a recommendation on this one uh so staff recommends that the approval be made this is in our opinion di Minimus um and the requests themselves are uh in line with the general design originally approved by Town Council and were there any conditions associated with it uh so part of the conditions were to ensure that they just bring the uh any electrical um or excuse me bring any of the signs or the site itself into compliance with the uh Turtle friendly lighting code and I believe they're already in the process of working with our uh with our staff to ensure that everything is brought into compliance okay counc Stafford questions for Mr small not this time wood I don't I would just say because the applicant isn't here this morning just based upon the first reading that this is an effort by Margaritaville in part to also help uh the public identify The Pedestrian walk over that it is public that that folks can and how to access it how to use the elevators so I think there's a lot of public benefit in in in in part uh due to this effort for additional signage so certainly very supportive of the of those efforts counc King seems to me that one of the signs there was an issue with the Tio gas that is what I have been told uh as the sign originally was proposed to be compliant as far as the setback uh we were told that at the time that they actually cited the too gas that too gas needed it run a particular way and they had to make a field change with the location of the sign because of that too gas location thanks yes sir okay thanks sir we'll now open it up for public comment is there anyone in the audience that would like to speak on this hearing see none we will close public comment uh I will now close there's no one here from the appcut to everybody so we will move on to close the public hearing and request a discussion or a motion from the Town Council to approve approve with conditions deny with reasons or a continuance to a Time certain Mr Mayor yes sir I'll move approval of ordinance 24-20 second motion by vice mayor aderholt seconded by councelor King any further discussion Vice May adol hi councelor King hi counc Woodson I counc Safford hi and mayor allers is abstaining for the vote that takes us to our next one this is a resolution vacating a 12ft wide utility easement located over real property owned by the Fort Myers Beach Art Association generally located at 3030 shell Mountain Boulevard Fort Myers Beach accepting and approving a new utility easement as a replacement easement to be located on real property owned by Fort Meers Beach Art Association subject to terms and conditions as containing the utility easement agreement directing the town clerk to record this resolution and the new utility easement authorizing the mayor to sign all needed documents and providing for an effective date if any Town council member has had any expar communication to disclose please let us know the subject discussed and the identity of the person group or entity with whom the communication took place any correspondence that you received or observations made of the site councelor Safford I've had none councelor Woodson I've had none I have had none also CH M well I had extensive uh conversations yesterday with the former president of the Art Association but this issue did not come up so just in case anybody saw us talking yesterday yeah councelor King none all right Judi Fran Judith Frankle has been qualified as an expert 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 Meers Beach are there any other individuals who would like to be qualified as an expert witness on behalf of the applicant at this time seeing none has the property owner applicant seen a copy of the agenda backup materials from the staff I don't see anyone out there oh are you there come on up hiding behind Barbara back there hello uh Aaron Spence with M Engineering on behalf of the applicant do you want to be ex do you want to be qualified as an expert W witness I don't think it's necessary but sure well if you don't feel it's necessary then we um you have you seen a copy of the agenda materials from staff uh yes okay that's all we need go ahead uh well this is the uh hope for resolution on vacation of a 12T pu that currently runs through the lower 2third of the property for the for Myers be Arch Association um as such I think it's nonissue should be easy to vacate and per staff's comments we have also added an additional proposal for a six foot pu that will run along the south side and connect to the current pee that runs the adjacent properties the East so just for those that are listening might not understand what a pu is can you uh yes public utility easement okay thank you any questions counc Stafford not at this time Council Woodson so my understanding in reading all of this that there are no current utilities being affected uh no by this easement uh no current utilities are in there and as such we've received the uh designate letters of no objection from all um interested parties um regarding that for utilities okay thank you Vic manl well it's probably isn't the appropriate time but I don't know where else to put it but it's not gerain to this particular issue but uh again visiting with the former president of the Art Association yesterday on location um it appears there's a there's a uh I don't want to say abandoned but I hate to use the word squatter but there's a trailer on the Art Association property so I see the director of our compliance here I just wondered if you'd make a mental note of that and U encourage some of our folks just to visit and see what's happening out there because I think it's of concern so I'm sorry to intrude on your exercise here but I think it's a concern of the Art Association so I just want to make sure that everybody here our team got a chance to hear that and maybe address that when it went appropriate that's all I got Mr Mayor thank you vce may nothing all right I have nothing thank you all right thank you Judith I don't really have anything to add except that um the LPA recommended approval 7 to uh zero at their meeting okay counc Safford any questions for Judith not at this time counc Woodson none matter no counc King none I did not either thanks Judith okay we'll now open it up a public comment is there anybody in the audience that would like to speak on this hearing seeing none we'll close public comment I assume you don't have any rebuttal you can sit down you're all right he's like get me out of here yeah I will 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 a continuance to a Time certain mayor I'll move resolution 24-1 190 okay got a motion by councelor King second second about councelor Woodson any further discussion councelor King I councelor Woodson I councelor Safford I vice mayor adhal hi and I'm an i as well and motion carries unanimously thank you next we will be doing we did change at the beginning we're going to go to item F this is the first reading of proposed ordinance 24-34 entitled an ordinance of the town of Fort Myers Beach Florida approving a home rule development agreement for property located at 30001 Estero Boulevard 2 2943 Estero Boulevard 2932 Estero Boulevard and 211 dinora Boulevard or Don Ora Boulevard we just found out yesterday Fort Myers Beach Florida strap numbers 29- 46-24 w1001 145.1 z00 29- 46-24 w1001 145.5 30- 46-24 w2- 1.0000 2946 d24 w1120 A.1 0 and owned by Seagate Fort Meers Beach LLC as authorized by section 2-100 of the town's Land Development code and in compliance with the procedures set for procedures for application and approval of the development agreement with deviation set forth in resolution number 2473 for the purpose of Redevelopment of the property previously known as the Red Coconut RV park providing for terms and conditions included but not limited to the identification of the proposed use of the property a finding of consistency with the town of Fort Meers Beach Comprehensive plan commitments and development obligations deviations needed for development providing for other clarifications as necessary providing for conflicts of Law scrier zos severability severability and providing for an effective date mayor may I make a few comments before we begin our public hearing you certainly can this is um the First Development agreement that This Town Council is will be reviewing um and I just wanted to point out that it is a somewhat of a new process and um the your code of ordinances pursuant to section 2-100 and 296 um authorizes you to enter into these type of land use approvals um these are development agreements with deviations um the one before you is a home rule uh development agreement um the code and Florida law also provides for a different type of um development agreement that can be entered into between a local government and a property owner um again because this is somewhat new um your procedures for review of this was adopted back in April of this past year and um I just wanted to point out uh the the procedures I believe are exhibit B in your packet to staff's Amendment or staff's report the first part of the procedures talks about um the sufficiency review and this is a list of items there's 17 items that the property owner has to provide to staff to basically let the process begin the uh second part of the procedure require the um creation of a document a development agreement this one again is um labeled as a home rule development agreement that agreement has to have included in it um 17 17 items and that's um kind of the the procedural or the administrative side of it how the process actually works is that um an application is made and then uh there's conversation that begins primarily with the town manager um and at that point staff also comes in into play and there is a negotiation between the town manager staff and the property owner developer um that kind of goes back and forth as you would in any negotiation and at the end of the day um a document is produced and that document again will have at a minimum the items that are identified in your procedural rules so once that item um is reduced to writing then there is a public hearing that is held by the um local planning agency and they will issue an approval a recommendation for approval or denial um to you as the Town Council and then there after you will have had you will have a public hearing um the approval of the devel velopment order is by ordinance and that requires two readings of the title and a final adoption hearing so I just wanted to point out to you um because this one is a little bit different than some of the other um land use applications that you have had before you um in a quasi judicial setting so with that said I think mayor it would be appropriate to defer to the property owner applicant okay would you like me to go through the rest of my oh yes I'm sorry okay before I get into that just disclosures yeah well yes I think for the the purpose of um getting through this as fast as we can when the applicant does his presentation or her presentation depending on who's speaking if we can hold our questions make note of your questions till the very end then we'll let the public speak and then we'll ask our questions after that if everyone's okay with that that that's fine Mr Mayor just quick curious uh as this is a new process and the town manager and our director of operations uh negotiated that process do you all have any comments about the process or anything that you want to share prior to this no okay thank you sorry okay all right then if any Town council member has had any expart communication to disclose please let us know the subject discussed and the identity of the person group or entity with whom the communication took place any correspondence that you received or any observations made of the site councilor Safford I had a meeting at Seagate with m Mr Price and lunch and we've been in contact uh several times via VIA phone and text um I've received quite a number of emails uh both for and against the project okay Woodson so I watched the presentation three and a half hours from the LPA um I've had conversations several times with Mr Price and also have received pro and con emails okay ni Mar yeah I've I uh I I've met months ago on location uh with the applicant uh I've had emails both pro and con uh I had conversations since with the applicant uh and then my wife and I walked the uh walked the property extensively yesterday and I think that's everything ccer K correspondents both pro and con um have met with the Seagate folks uh a few times for their uh input uh attended their Public Presentation at Diamond Head and recently met with staff regarding U this issue okay well I've got some lengthy ones as well I have met with uh both Matt Tim and commissioner sandelli at the very beginning had several meetings since then several conversations obviously about it I also have received many correspondents via email both for and against the project I have I sat in person at the entire LPA meeting that was just the other day and I also has recently had conversations with Tom staff regarding this development agreement before today's hearing all right do we need to take expert witness okay are there any individuals who would like to be qualified as an expert witness on behalf of the applicant at this time come on up good morning Council for the record Tina eblad principal at Sage entitlements uh I am a certified planner uh in land use and the town's comprehensive plan and Zoning I have been accepted as such before and would ask to be accepted today should you have any questions about my qualifications I'm happy to answer them would you pronounce your last name again e kbl l a d is how it's spelled and it's pronounced eblad okay thank you never would have guess that any questions any questions for Tina coner sa not this time counc not right now I do not have any vice mayor none Council King none all right is there a motion to accept Tina as an expert witness for this hearing so moved got a motion by councelor Safford second seconded by councelor Woodson any further discussion counc Safford hi counc Woodson hi Vice mayhle hi councelor King hi on and I as well you now an expert all right easy um mayor just for housekeeping um we want to make sure that the applicant has had the opportunity to review the agenda materials you've received a copy of them yes okay and there's reference to numerous emails both pro and con and I believe the clerk has been able to provide you with copies of those we received them yes okay anybody get an email that was not forwarded to you from the clerk that needs to be disclosed if I could clarify about the emails we did receive between four and six negative emails we haven't received any positive emails if yall could make sure that those get forwarded along as well we would appreciate it okay okay okay any more questions um no so if again if you have received any emails um that did not come to you through the clerk just through directly to you um before our second reading we want to make sure that they have the opportunity to review those just for the record some of those were conversations as well just by just running into the various constituents on Fort Myers Fort Myers Beach so Mr price based on the disclosures today you have any question f with the disclosures I'm I'm okay with the disclosures thank you okay mat okay I I think I'm here for the expert thing right now oh you what Jump Ahead they they want they want me to be an expert so I okay yeah so I went through this one more time I'm not used to this stuff so it's so um so again Matt price uh CEO Cate devel group um here to be recognized is a development expert um and so uh any questions for me 20 plus years experience I think we've all talked many times I do not at this time not at this time none counc King none I do not have any is there a motion to recognize Matt price as an expert witness in this case so moved got a motion by councelor Woodson I'll second second by councelor Safford any further discussion councelor Woodson I Safford hi Vice May ccor King and I'm and I as well welcome to the expert Bo he is also the property owner or developer property owner developer okay okay who's going first well I am uh so I think a lot of people watch the LPA presentation we went pretty in depth through our presentation um I'm going to let Tina start off at this one to hit a couple points I'm going to jump in and talk about some of the public benefit and how we got to some of the public benefit because I think there's there's uh been this idea that the public benefit was just thrown out at the end but there there has been a process to get there so I'm going to walk a little bit through that process and then Tina is going to come back up and talk through some of the comp plan language and then we're going to uh present it to councel for any questions uh again I'm just like the LPA I'm interested to hear questions and concerns you may have for the project so that's how we're going to do it unless anyone on Council has any issues with that works for us good okay thank you for the record again Tina eblad um I don't oh perfect okay um so the presentation is up on the screen you also all have hard copies in front of you and for housekeeping I have these two copies for staff if you'd like them um thank you for the qualification as an expert I will skip over that and maybe we can get this to work today probably not is it on okay is the clicker on I saw the red light it's vibrating as though Jason do Jason do you have the ability to advance the screens back there if you want to just go to the second slide and I'll kind of shout out if you don't mind keeping up with me thank you um so as you know today we are here regarding the development agreement for what is known as the Red Coconut property uh first and foremost I want to thank staff and the town attorney for the very expedited timeline as a result of the rescheduling of all these hearings um we appreciate you all being accommodating to that and we did agree to several changes to the development agreement between LPA and today so the document in your packet we accepted all the changes from the LPA and then put in strike through underline any new agreements that came about as a result of that hearing so it was easier to follow along um as a result of that we're going to keep our presentation brief but there is some necessary substantial and competent evidence that we do need to put onto the record and we do want to clarify a number of concerns and um misconceptions that we heard in the last hearing and online and through some of that correspondence that we received over the last week so if we can start with the existing conditions and the Baseline regulations um I believe we all remember the the Red Coconut it was um and is approximately 10.7 Acres that spans from the Gulf of Mexico to the Bay it had approximately 27 RV parks um per acre with nightly turnover and the comprehensive plan considers an RV park a commercial use in policy for B12 so that's a little different than some of the conversation that we may have heard um and while some people may have stayed on site for a longer term the property was allowed to have nightly turnover and so during season there was that fairly consistent either daily or weekend turnover of of guests the property was also private and so there was not the ability to cross through it um and interconnect adjacent neighborhoods um and beach access was limited to those staying at the RV park so when we talk about why we're here today the Red Coconut property is within what is known as a Redevelopment area so you're comprehensive plan in objective 4f states that Redevelopment areas are to promote Redevelopment in areas that have reached obsolescence and unfortunately as a result of Hurricane Ian the rfu park has reached obsolescence and bless you the specific area to Red Coconut quote provides an opportunity for land owners to replace vulnerable recreational vehicles with permanent structures and I want to clarify that there seems to be this concept there's there's a very specific design plan for the property in the comprehensive plan and unfortunately there is not there are actually three different conceptual plans of what the property could look like and then there was the village zoning District that was established in 2003 that gave parameters and allowed for flexibility and some shifts to occur in those um conceptual plans so that the ultimate developer could move forward with this Redevelopment concept uh Additionally the community design element acknowledges that in 1999 the flood plane and the coastal setback regulations severely restrict Redevelopment and as we know uh since Hurrican has hit and those 2022 Maps went into effect those restrictions have only grown more stringent and so with those foundational policy elements in play from 1999 and 2003 and also the 2022 flood plane Maps we set about looking at what can we do and unfortunately what we found is there were a number of places where we needed to come to the town and ask for flexibility most um importantly we are no longer allowed to enclose ground level space related to residential or commercial development within the ve Zone as you all know and so at a minimum we must come to you to eliminate those requirements from the village District um we considered whether or not to do a CPD and we considered whether or not to do a development agreement we chose to go through the development agreement process because as we understood the objective in watching their meetings and establishing those procedures it was expressly to promote faster Redevelopment of properties while also promoting flexibility from the design standards and so that is why we are here today we're the first we acknowledge that there's going to be some ups but we're here to work through it and to hear what the concerns are and and try to come up with um reasonable Solutions I do want to clarify that the development agreement is not just the 10 pages of text there are also four additional exhibits and that complete package is what we are anticipating will be adopted and will guide the future development of the property so the first exhibit is the legal description the second is a conceptual plan it is not an engineered document it is a concept plan to put forward those asks related to the flexibility that we need in in the hopes of being approved so that we have um a box of sorts to move forward and get technical engineering documents for utilities structural storm water management and roadways the uh third exhibit is a the public easement areas so the locations on site that we are proposing to place an easement onto to provide Public Access access um and also access for the town that's approximately 25% of the developable area of the property and then last but certainly not least is a pattern book so that once we have Structural Engineering drawings we can guide the architectural elevations and that can be reviewed by Town staff to ensure consistency with what is before you today for clarification we know that this is the first step there are additional permits that we need to get from the Town specifically a development order and a building permit there are multiple permits we need to get from the Water Management District we have specifically proposed not to phase this project so that our storm water management is reviewed by the Water Management District to ensure that there are no flooding impacts and other issues off site and then last but certainly not least we also need to achieve permits from the Florida Department of Environmental Protection which leads me to another note of clarification the development agreement is for a approximately 9.4 Acres because we have not proposed any development Seward of the Coastal Construction Control line that's another cleanup from the existing development um so next slide please thank you so with all of that in mind um the property is proposed to be converted from the commercial RV park to a principal residential use we are proposing 140 uh residential units four of those are the single family units you see along the northern boundary and 137 are multif family with supporting amenities those 137 units are proposed to be split between two residential towers and if you look on the right hand side of of the graphic or the concept plan and included in exhibit B you'll see that each um building has a set number of units in it and so we really are trying to blend the master concept plan and the schedule of use requirements of the plan development into this exhibit so it's very clear where the different uses are happening uh the boundaries of those uses and where they go on site in combination with the text of the development agreement um we had a number of questions regarding the design and access and roadways and things like that so I do briefly want to talk about that first and foremost on the north side of a St AO we have a single internal roadway uh that is for a number of reasons the first is policy 7 h10 of the comprehensive plan states that driveway access to a stero Boulevard is to be limited to the maximum extent possible so we have purposefully chosen to have one access point in and out from Aero that road has been placed as far to the West as possible from the intersection with a stero Boulevard and dinora that is for Public Safety we don't want to have conflicts with our traffic entering our site with the existing traffic at that intersection that is also at the guidance of the Lee County Department of Transportation who has to issue the driveway permit for the development so we have had some preliminary discussions with them and they have asked for us to have the greatest distance available to that intersection the same is true on the south side of Estero we have a single access point that is as far west as possible again to prevent those conflicts um the internal roadway also curves into the proposed structures that's to promote screening so you won't see the stacking of cars from a stero Boulevard it's also to increase the stacking distance so that any Vehicles entering our property are not stacking onto a stero Boulevard creating additional conflicts and then while this plan is up I want to clarify some of the concerns we had regarding various development parameters the first is along um M tanas pass preserve we have proposed perimeter setbacks and those range from 15 to 25 feet for the single family lots so what that means is any rear or side structure setback for the single family is in addition to those perimeter setbacks so you are ensured that we will always have 15 ft of Separation to the boundary on the west and then 25 to the perimeter boundary on the East additionally the multi-use path that extends along the new East West Road and then along the western property boundary that um pathway is 8 ft wide but it's within a 20 foot linear Park and that is to promote um objective 2A and the commercial design element of the comprehensive plan to get people out of their vehicles and moving through the town not utilizing a stero Boulevard that policy and and that language occurs within I believe it's four different elements within the comprehensive plan and a multitude of policies which we've listed for you later on in the presentation for your reference um finally the origination of the beach park and the linear Park are concurrent to be Central to the Village District so that we can support not only our future residents but any development that occurs to the West that is within the village District as well and the existing residential neighborhood the same is true for the park adjacent to mananas preserve in the norw excuse me northwest corner of the property and last but certainly not least we heard very loudly and very clearly that the elements of the beach park were not well refined at the LPA meeting so we have agreed to the following changes the first is that any vehicular access would be open to the public for them to drop off and utilize the beach access the beach access will be a minimum of 10 ft wide it cannot coincide with the private platted beach access and there will be the provision of we're calling them park-like features because quite frankly we don't want to assume what the town would like but we would as we're generally describing it as bike racks picnic tables shade structures Landscaping Etc there would be an easement placed over that section and we would anticipate continuing to work with the town on exactly what those programmatic elements are next slide please and so that brings me to what we heard the most about from the perspective of deviations in the building height the property owner is allowed to request a deviation from Building height through this process but your comprehensive plan also considers in policy 4c4 that the Redevelopment District shall have different heights than the rest of the town and that when a property owner comes in and requests such a deviation I I want to read this language very specifically it says that the town will pay particular attention to any permanent view corridors to the gulf or Bay Waters that could be provided in exchange for height and that in each case the town shall B balance the public benefits of height against other public benefits that would result from The Proposal and so I want to take a minute to talk about the view corridors because I do feel like that became a bit confusing in the last hearing we actually have three view corridors on site the first is in the northwest corner of the property adjacent to mananas pass preserve which provides a permanent view to the bay and is approximately 120 ft and then the second two corridors are on either side of the beach club and each one is 120 ft so in total we have 360 ft of view corridors that will be provided as a result of this Redevelopment project The Village District does require a view C it only requires 50 ft and so we have exceeded that standard by 310 ft The Village District permits building Heights at 30 fet above base flood we have asked for 235 feet and so yes we are exceeding the height by 205 ft now I also want to talk about the tiered architecture that is proposed in this development the heights are included on the the concept plan included in exhibit B and I I just want to generally walk through them utilizing this slide so um the portions of the structure that front a stero are consistent with the height requirement so the beach club will meet the village District requirements of three stories and 40 ft and then the enhanced water feature in landscaping and the public restaurant will meet the uh three stories and 30 ft requirement in the Land Development code what that does is ensure the human scale that is described in your community design element so anyone driving their car down a stero or walking down a stero Boulevard will be greeted by a three-story building consistent with the Land Development code ensuring that human scale it also Shields the perspective immediately adjacent to The Pedestrian of those taller residential Towers now based on the correspondence I have received that came to council I want to clarify that there are two residential towers and there are only two points where we are asking for 15 stories above parking and 235 ft those are represented by the large rectangular squares um near shell Mound and then on the western side of the property south of our new proposed Road as you get closer to Estero the height drops the residential Tower closest to Estero is proposed to be Nine Stories that's that very small rectangle closest to esto same thing in the um northwest corner at the intersection of dinora and the new road it's N9 stories and so we have a v a situation of varying height to ensure that we're not overcrowding the property we're not over shading the property and to that point if you look in the Le hand corner there is an angle of the shade provided from June to December so you can see where the sun shade would occur during that time of year and I want to note that because of the immediate north south orientation of the property our shading is less than it would be in any other location within the town because we're not angled towards the east or west next slide please so to kind of put it into perspective policy 4c4 states that view corridors will be prioritized we are providing 310 ft of view corridor and we have requested a height of 205t feet in addition to all of the other public benefits that we will discuss throughout this presentation so we it is my professional opinion that the height deviation is consistent with policy 4c4 of the town's comprehensive plan next slide please when the text of the development agreement is combined with the conceptual plan we are ensuring that the height is appropriately tiered and oriented towards the existing mixed use um location south of shellmound Drive between a sterile Boulevard you just talked about the Arts building we know the fire department used to be there that section of the town is within a 17 foot ve Zone and so height will very much exceed that 30 feet that's um outlined in the Land Development code um and then I talked about shade already um and the human scale so we can move on to the next slide another deviation that we're we are requesting that had um quite a bit of conversation around it was the floor area ratio um so the floor area ratio in your comprehensive plan policy 4c2 is for commercial development as I mentioned this project is primarily residential uh however policy 4 B2 identifies commercial uses as retail office a restaurant RV parks hotels and resorts churches and Civic buildings so our initial design did not include a restaurant and it did not include public membership to the beach club as soon as we added those elements we had to consider F because our main structure on the north side of Aero and the beach club became mixed use so we have two asks related to floor area ratio the first is that we not be required to count the structured parking the two stories of structured parking in FA are that is because when you consider the flood elevation of 17 ft with a um oh my mind just went blank um the three foot free board thank you freeboard appreciate that the 3et of freeboard you have 20 fet that is best utilized as parking because we can't enclose it for commercial or residential uses um and then we are also asking to increase the F to from 1.2 to 1.5 and that is to accommodate the uh square footage associated with the commercial and the multif family residential I also want to clarify single family is not included in F so those four units on the North side are not included in the F calculations um with regard to this request and the underlying future land use categories they both the the Boulevard and the mixed residential both expressly state that um um Redevelopment is not to increase commercial intensity and I want to be very clear that we are not uh the RV Park in its entirety was a commercial use and that is obviously going away we are asking for that multif family residential to be our primary use we have agreed to an additional restriction regarding our rentals so they will be for one month um in length and only three times per year so we're very much eliminating that transient nature and the intensity of that turnover that used to occur in this section of the island um consistent with the discussion that we heard last week next slide please the remaining deviations are to promote design flexibility to address the comprehensive plan and the village District that were approved in 1999 and 2003 as it relates to the flood plane today so again I mentioned that we can't inclose the ground floor for those commercial and residential supporting uses so that means we can only Shield our parking with landscaping and vegetation public art and other frangible features we are asking to increase the building setbacks we want to be able to uh provide new sidewalks maintain existing sidewalks while also ensuring that we have appropriate landscaping and shade trees we cannot do that with a 0o to 10 foot building uh build to line when you consider the uh public parks that are being provided we cannot meet building Frontage those take away from the percentage um and so we're asking to eliminate that as well so that we can have these public gathering features um and same thing with increasing the street corner setback for the same reason you just you just heard the conversation regarding Margaritaville and their signage having some issues we want to push the building back off the corner so we we're not in the same situation um and then last but certainly not least is that pattern book that I talked about previously we would like to utilize that for the conceptual architectural design standards because again this is a a concept of what we would like to do we do not have Structural Engineering plans yet for the building and as a result we do not have formal architectural elevations so that pattern book will ensure when those architectural elevations come in there's consistency between what you're reviewing today and what moves forward through the process so those were the technical highlights that we wanted to hit in terms of of clearing up some of the issues and and some of the changes we made between the LPA meeting and today with that I would ask um Matt to come back up and discuss with you the other benefits offered by the project and also the um stakeholder meetings that we've had today thank you Tina thank you Tina I don't know why I just don't let her talk she's much better at this than I am so um uh Matt price seate development uh owner developer CEO what else do you want me to say are we good all right expert Etc okay um so we can go to the next slide I think the next slide shows one more where are we public benefits there we are go one more I just want to show the overall slide of the one more uh close enough we can start here so one of the um one of the things I really wanted to do is again I uh to my detriment probably I read every comment online because I do take this stuff uh very serious ly and I and I understand um there are people that are that have issues with this project so I I I try to at least take anyone's point of view into account and address as much as I can within the development scope of what we presented and I just want to give a quick history of how this project came about and some of the changes we made through to get to the public benefits we are because I think it would be helpful for everyone in the town to understand that this Pro process has been going on for a while and there has been a lot of comments that have been taken into um discussion when this project originally started um we it took a while to purchase the property going through the process that we did we were working with Town staff on what exactly we were allowed to do by right and interestingly enough that process took seven months seven months just to find out what we were allowed to do on the site now that's nobody's fault uh everyone everyone went through the and we were all obviously trying to dig our way out of that but it was such a complicated uh process just to find out what we were allowed to do by right and then also with with FEMA coming in and flood being an issue that that just to find out we were able to do was seven months during that process we we kind of figured out what we were able to do but we had some questions we were working with staff but we also looked at what we thought we were able to do and said you know maybe this is isn't the best use of of the ground we should take a look at more of a broader view of what what we would like to develop on the site and with some ideas so I brought some pretty preliminary block diagrams individually to most of council some of LPA some people on staff and showed and pretty much everyone threw up on them they hated them um I I had promised uh I had promised um Fran who I think is sitting in the audience here that I'd try to keep as much as I could off the beach the beach was important to her the beach having an open look to it people be able to see the beach that that was very important uh to France so I tried to take that and say okay what if I put all the units on the Bayside what would that look like um and so our first plan what didn't go great um got a lot of uh suggestions uh some from staff uh that road on the on the plan north of the property has to go through it was H it was part of the comp plan in the beginning and and the vision of the Town having that road in was very important and going to be and going to be Paramount to getting anything approved development wise on this and people ask me the question what if you build by right what you're allowed to build that road is still there there is still a connection um that is necessary by right to put that road on plan north side so I couldn't not put that connection in even if I built by right that has been asked now it's answered that that the road would need to go in so obviously that road there adds a little bit of um uh AA for developer Everyone likes to work within nice uh rectangles or boxes and putting a line through it certainly Cuts back on what we're allowed to do so we started filling in the units uh some of the other comments we got we they wanted the increase the car Carters we had a little bit more on the beach there there was a quest to even get a little bit uh bigger Carters on the beach public park parks and bike um biking areas walk areas they wanted more interconnectivity again this was just a box diagram but even at the beginning there was a lot of comments that we need it uh interconnectivity we need public areas if you're even thinking of doing something like this this is the direction we want you going um there were a couple comments on uh accessing manan's pass Fran always allowed access to manan's pass even if it was an underlying agreement or maybe it was just a handshake because she's a woman of reward but but they allowed mantanzas pass and the association to access there use their maintenance from there and then the public to go through and access uh the site there um so that was important public restaurant came up a lot um mostly people from mid and South Island not a lot of people from the north are asking for public restaurants totally understand but you take uh you know Mid Island down there is a huge need for uh restaurants and that was a that was a big ass as Tina got in that complicated our project because then far becomes a calculation but um she explained that a lot better than I could um and then there was a discussion about stopping traffic and is there a way to do a connectivity with a pedestrian walkover I've talked about that pedestrian walkover many times how we got to a public and then we went to private because private allowed us to put a lot more area um for the public on the on the green space in the walking area and we didn't know how many people would actually go up and go over especially uh Mid Island um Margaritaville is a little bit different case a lot more people down there walking across the street all the time so there was a discussion and we ended up making that private deeper so then um we have our first public meeting uh after uh after a couple interviews that I did showing the plan tweaking the plan and um there was there was significant stuff that came up in that public meeting um one of them was rentals um not something that I thought people were as passionate about on this island I learned my lesson um I've had very long conversations with a lot of people on this island about rentals um some people are very against it some of the business owners really love it uh I made a comment at one of our uh public meetings that um the HOA is probably not going to allow rentals anyway so I am no issue with limiting rentals that went over pretty well uh we got with staff sat down and you know we had at that case daily rentals and I asked staff staff what would be a good language to put into the development agreement and I I don't want to blame staff this isn't a blame staff thing they gave us language we looked at it we put it in the development agreement um everyone seemed okay with it until it was made public and then there was an issue you said no rentals um we talked a lot about that at the LPA agreement uh we've changed that language and even further tweaked it I think the LPA members seem to be okay with it to where we got in that meeting we actually put it even I think even more of a limitation Tim on number of months so hopefully that gets us past the rentals again I I've tried to be very open in this process so I apologize to anyone in the public if they thought I misled in that area but truth be told that's not who I am and and if that happen I want to make sure that I apologize to anyone out there for that um improvements on dinora had a lot of public comment in our meeting on denor a lot of Neighbors in denor coming over shaking her hand talking to us not all of them are for or against the project but a lot of them had some pretty good ideas um the access on dinora with uh we were showing six drives inar that was a uh that was an architect just putting pictures on a piece paper paper and it really got a lot of comments we we cut those um we we cut those access points to two for our um residents to to come out onto Denora and then we do have some service access again all this stuff was talked about LPA I'm sure we can go back into it if people want to that situation was talked about a lot at LPA but point being is that we we got a lot of dinora neighbors comfortable with the access we also talked about um a bus stop there is a bus stop right around there for some of the kids some there are some kids that live back on Shellman and Dora and we had talked about having the bus pull off in uh in our uh pickup Lane and drop off lane for the restaurant um during during school hours to be able to use that as a as a bus stop a lot of residents like that idea have to get approval from Lee County on that but I can't imagine that they would push back on that um let's see here um we got the reyolds uh uh we actually had a request for a written easement from our friends at mantanzas pass we are completely okay with that we were already giving public access to that but they they wanted to cement um a easement for themselves and not just through public we were fine with making uh an agreement with them we're we're very happy with that we've also talked about putting some signage through the property um some informational signage for mananas pass if anyone wants to use that as nature walkth through to help them throughout the project um for directional signage plus informational signage which we thought was great um then uh we met with staff uh and went through uh our agreement again after that public benefit again agreed to a lot of this stuff with staff in the discussion uh then we went to the LPA Tina hit on a lot of the LPA changes that we made um so I won't belabor that but one I'm trying to show through this process and and and opening the doors to everybody out there is that this process has been ongoing there's been a lot of comments from a lot of different people in this room sitting in this room I have given my cell phone number out I've agreed to meet with anyone who'd asked me to meet I've answered every email text message phone call I got a phone call yesterday from the ladies at the uh RC right over there and uh they had some comments we're going to do some public art um we talked about maybe getting them involved and then maybe there could be some other interesting um uh relationships between our project and and theirs next door so again this has been an ongoing process we've tried to do this open and honest as possible I am who I am I not many secrets in a room I'm in I talk loud anyway so uh the joke is I have my jersey whisper still I get that from my mother so um so this is the project we're presenting I think that this project is the right project for Fort Meers Beach I think that I understand the push back I really do I understand um that other people may have a different vision of the island that I have and I completely get it but I do think with Ian and then the last two storms I think it's becoming clearer and clearer that um this island has to be different to survive going forward now the next five years yes everything will be fine I'm not here saying the Island's going to be bankrupt next Tuesday if this project doesn't get approved it won't but I will say that eventually this island has to change and I think there's a unique opportunity for the island to work with local developers in this process who are here and are meeting and are answering questions and are tweaking their designs through a process um because if this doesn't go through and some of these others don't go through developers aren't going to give up they're just going to get less recognizable you'll be working through attorneys you'll be working through letters and it it happens everywhere and it's beachfront property and it's going to get developed and I just hope that Council will look at this as a jumping off point to look not everything on the island has to look like this not everything on the island is going to look like what London Bay is trying to do not everything on the island is going to look like some of these other The Arches but but there are certain points on the island there's certain pieces of ground that that are screaming for out of the boox thinking of development and those out of the box thinking on on on those pieces of ground will be able to the rest of the town to fill in to what I think is what some of the other people have as a vision of the town and and as opposed to what I think some of these people fear which is if this gets approved or something else gets approved then no now we're clear water and I I think that that just because of being a developer on this town and understanding values it's it's impossible with how they how island is broken up in the pieces of ground that it is to try to consolidate all those pieces of ground small commercial uses small residential uses into one and build these huge projects time money um risk it's just not worth it the only time is it worth it is on some of these bigger pieces of ground and I think it's time for Council to take that step to understand that this is maybe where we're going so I hope you take that into consideration when you make your decision ision now I'm going to let Tina get up and talk about some more uh uh I don't know I'll let her get on the passionate part's gone now she gets to get into her parts thank you Matt again for the record Tina eblad um as I was sitting there I realized I I do not have the slides numbered so I apologize if we could go back to slide 10 which is yeah um Matt did touch on the public benefit and so I'm not going to belabor these points I am going to point out two additional things which is um my testimony earlier um thank you Mark for monitoring the chatter online it apparently came across like I was indicating that height is measured from the ground I am very aware that it is not it is measured from base flood the point I was trying to make is that base flood at the front of this property in the old fire district property is 17 ft when you combine it with 3et of freeboard that's 20t and then you're measuring your 30 which gives you a grand total of 50 additionally your code allows exceptions for an additional 5T and additional story so what I was trying to convey here is that the perception that we keep hearing that it's 30 feet only isn't quite accurate when we look at what those Federal Regulations are and how it needs to be constructed so I apologize for that misconfusion um I also testified that under policy 4c4 The View corridors were the primary element for the building height but that there were other public benefits that needed to be considered and those that is entirely accurate particularly when you're looking at the other deviations that we are asking for and so this um page 10 and Page 11 has outlined those public benefits with the comprehensive plan um policies and and and objectives that they relate back to and so one of the other things that we've heard is we don't know what the public benefits are that may be true from the perspective of if you give this benefit you get X thing in your your development package but your comprehensive plan is very clear about the vision that it wants to achieve and we have tried to weave that into this proposal so that when we're balancing these new federal flood plane requirements we're still meeting that intent and so I I wanted to ensure that you had these two slides for reference so that you understand the level of thought and consideration to your visioning documents that went into this Redevelopment plan um as we move forward we do have a couple of um architectural elevations on slides 13 through 18 um if we just want to scroll through those very quickly um everyone has seen those they have not changed since the public meetings um some of you referenced that you were at our stakeholder meeting at Diamond Head those were there on boards we did have a website that was up um Matt has held several interiew interviews with various media agencies um and then of course we've had this public hearing process and so if we advance now to slide 19 um the overall comprehensive plan consistency of the project um based on my earlier testimony and Matt's testimony it is my professional opinion that you can find the proposed development agreement with its exhibits consistent with the town's comprehensive plan the public benefits offered support the requested deviations as well as the comprehensive plan and that visioning document whether it's in the backup materials and the text or the specific goals objectives and policies this process is quasi judicial and per the adopted uh development agreement process that means it is tantamount and commensurate with a plan development so you can consider those deviations um consistent with that process um moving ahead to slide 20 it is also my professional opinion that our request is consistent with the procedures outlined for a development agreement you heard your town attorney identify that checklist of could I stop you just for a second could we have Jason while you're talking Jason could you go through the renderings a little slower for the folks at home you just went through those about one second each just so people can have a better sense while you're talking what these renderings look like just go just maybe spend about 20 seconds on each of those slides so Folks at home can see what what we're seeing here so I'm sorry please go ahead no that's perfect um Jason for your reference they start on 13 um so with regard to the development agreement um as your town attorney stated there are that that checklist of 17 items the text of the development agreement addresses those 17 items and then the exhibits give kind of the geographical references and some of the additional limitations uh we got some comments that you know how does this all work and again we're expecting this to be approved as a comprehensive package if for some reason you find a discrepancy between the applicants materials and the development agreement the development agreement is the most current um we we may have some tweaks between the project narrative and the development agreement before you it's the development agreement that we'll ride today um and then last but certainly not least I believe Matt had a few more comments regarding the economic impact of the project and then that would conclude our presentation in Chief I would request of council the opportunity to um address whatever we hear from public comment um as briefly as possible lastage there we are okay um so uh one of the questions kept coming up to me from people on the outside and um a couple other people on the economic impact of the project um I've been careful to stay away from this because um just like when stuff was asked about me is why don't you show everyone what you can build um you know to me this is icing on the cake as opposed to um as as opposed to the real point we're trying to push but uh I was asked to present this so uh I I would um the 2024 tax bill uh we paid 588 I can't see any more guys 588,000 454 in real estate taxes the town portion of that is 134 539 oh my God doctor will be happy I can read it um the uh projected tax receipts at full build out now this is when all the condos are sold Etc the estimate is about $8.2 million of real estate tax payments and again the town only gets a portion of that so you know just want to make sure that everyone understands so that would be about a million n a year and again that that's something that could get that could obviously change I don't know exactly what things are going to sell for conservative estimates but just just as a starting point so that would be a yearly tax benefit to the town as it comes in on real estate taxes and then permit fees uh 203 two 2.3 million again an estimate we'd have to go through the project and the town we also have um uh impact fees that'll be paid again not something that we can do so we tried to put a an estimate that kind of gave everyone an idea of how much revenue the town will bring in for this project just as a high point just so everyone can understand the the benefit analysis of this project getting built versus not getting built so um with that I will we're done we're good we're going to we're going to end and I'm going to ask the if Council has any questions they want go in or are we doing public benefit or how would you guys like to do would you like to ask the questions based on the presentation or would you like to go through the deviation or the development agreement yeah we can do the I don't know I don't know if you want to hear public and then I'm okay with any direction but I I'm ready for some questions okay let's let's go through the question me let's just meet I think let's go through the um I think that way the public if they have comments if we go through the questions based on your presentation and then go through briefly like we did like totally fine I'm okay um that way all the information is out there for the public to make comments then they can make their comments and if you have rebuttal you can I I think that works for us uh in the development agreement um you know we went through that very very with a fine tooth comb on LPA um do we just want to do questions from Council like page one any questions page two I think that's what we'll do I don't know I think that we're not going to go line by line but if then someone has spe instead of trying to jump around with questions fine I think that's fair so do we want to start with the development agreement or do you want to jump let's do the questions on your presentation first got if you're okay that' be great you asked the question you can go first I'm ready to go okay go ahead uh good afternoon uh good morning Mr Price probably will be afternoon by the time we're done but I thought we'd be done by now I I had a pile of notes last night at home and just with various questions so I typed them up and I so when I asked these questions they're they're not necessarily in in in in in order of importance okay but they could be I mean but it's just it's sort of random in that in that sense I just don't want folks to think that somehow this is somehow my somehow ranked or whatever I but they are they are to me important to a lot of different constituencies that I've talked to since this has been proposed um I first wanted to thank the LPA I thought the the vetting that they did was very informative I thought their questions were very helpful to me I'm sure they were to my fellow coun counselors they took a lot of time in this and I I I do very much appreciate their efforts um first question the Fort Myers Beach art art Association which is at 3030 shell Mount Boulevard literally across the street from one of your main buildings yes I always look for opportunities for symbiotic relationships and for your new owners they would literally or potentially have an art gallery next door they could take classes there's lectures there's exhibits shows for your new owners uh if you partnered with them you'd have the opportunity to have input on their building design which again right across the street from your building you could have naming rights a long-term relationship that could benefit your owners owners and of course it would benefit one of our Premier cultural organizations can you I you I know this was kind of sprung on you because I happened to run into star uh when I was touring the property yesterday literally by chance and uh although I don't think anything's by chance I would say uh I know you had a chance to talk yesterday but can you give us a little bit can you give us an idea of uh in a more concrete way for the record in your mind I know you've not had a lot of time to think about it hopefully you'll have some time before second reading how that partnership could work and how it could be enhanced sure um yes I did get a chance to speak with star I believe she's going to speak at public comment I don't want to take too much of her Thunder but um uh we did have a great conversation uh we had already agreed to some public art throughout the project so one of the easy first steps to get a relationship going would be to have them have significant input in that we've also talked about at at the LPA allowing the town um in on the design of all the parks um I think bringing them into the process Jim would be an interesting process as well uh I also did talk to her we are working with a lot of people on the island uh people that are looking to build their buildings uh working with the women's group a couple other people U just starting the process in the beginning of having them understand to get through the development process star and I are going to put something on a calendar about discussing if my team can help her with that and her building a lot of people run into the same issues of what is the cost and they designed building before going through the cost as a developer we we price things as we go through so I I I'd love to hear more about what they're trying to do Jim and and so we're going to get a meeting on the books and and we talked about that yesterday and and I'm looking forward to meeting with them uh but obviously we've we've tried to help a lot of nonprofits on the island we've been working with them as a as just like we any other nonprofit but I agree with you there's a lot of synergy their next door makes a lot of sense and and I just need to understand what they what they're really trying to do and get through I appreciate that and hopefully by second reading you'll have a little bit more clarity on on the potential for that relationship sure i' love it again we I know it just happened yesterday yeah we just talked for 25 minutes yesterday and and it was great to get to know her and and and looking forward to meeting her and her team and and introducing them to my team uh as you know we've got seven miles of beautiful beaches on Fort Meers Beach and you can literally go from one walk well you could until you will be able to again after Beach re nourishment you could walk literally from one end of the island to the other and and we have more Beach accesses than than one can imagine and and it really democratizes our beaches one of the things that's challenging for the south end and and Mid Island is the lack of public restrooms and I was concerned after the LPA hearing uh that I did not hear that the public restrooms as part of your beach club would be available to the public and I was concerned particularly with a park there and again so many folks walk up and down the beach uh prior to Ian you could stop on the beach if you had to with the Windam or the Outrigger or Newton Park and and and again they weren't traditional public restrooms at the wind in the Outrigger but they were always very kind and let people use their restrooms uh it would be a huge help to those folks who are walking along the beach or using the park if could make your restrooms available or make restrooms available to the public and another thing that's challenging along the beach uh is the lack of drinking fountains and in that Park if we could make sure or part of those that restroom complex we could have a drinking fountain for not just the public to of a normal bubbler as that some folks would call it but also to fill your water bottle but also a lower drinking fountain for dogs and so forth and that to me would be a public benefit that would really be a public benefit to everyone here on Fort Myers Beach not just the residents but those who visit as well and I wondered if you could give that some serious consideration and have some kind of a proposal for second reading for that kind of a dynamic sure so um and again i' I've been open and honest about um both ways if we can do something or not um it is um it is going to be tough to to do that uh We've we've run into issues obviously FEMA has made this really tough on us um what about some kind of access to a restroom across the stero would that would that suffice or you really I think the restroom needs to be on the beach side of the property and I think uh and the mayor's better at this because is a builder but I know Margaritaville did some did some unique construction work to make their restrooms available and make them thema friendly well the only problem is they're in a different flood zone to be able to do what Margaritaville has done on that side of the road where they're located is impossible because of but maybe there's an opportunity for a portable restroom or something I you'd want it to be nice obviously um tell you what why why don't we go through some of these questions and if I could have a couple minutes with my team maybe we could come back to that um very fair very fair but I that to me is a very important issue uh particularly with your interfacing with the public beach um what would this development look like if you were denied additional health uh height I'm sorry not height Health if you were if you were denied additional height uh do you is that a forian slip no it's not it's not but I mean there's a lot of I know you don't want to show renderings and all that but can you just sort of talk us through what what it would look like if it was just built with the traditional confines of the comp plant right so um chances are what we would probably do is maximize at that point we would have to maximize everything we'd put on the beach um so and we and we' probably have to work within if we came with a um if we came with a um PD then we would probably ask for more units um just at that point probably again I'd have to I'd have to look into this but if we built a plan we're allowed to build right now we could do with architectural four on the beach and then three off the beach right so four stories high and then three stories high that's in our allowable um to uh they're in our allowable plan to build so you're allowed four stories on the beach on the beach side three stories yes there now there would have to be some architectural um setback of the top floor which we we would be able to do I keep hitting this that with that four stories on the beach would be I mean there would be a lot of massing of that because that's the most ideal location correct we we would we would have to at that point we we would have a 50-ft view Carter which is what we need to do per per the existing zoning um and we would have a 50-ft view Carter and then we build probably everything on the beach we'd have to maximize the value there and then we'd have to fit all the units on the backside so we have the ability to do um uh Hotel units on a you know probably a two and a half multiple on the sizing of the units that we would do so we would get 352 yeah somewhere around there 352 Hotel units so we would run Hotel calculations we would run we can still do the number of units that we have we would look to see what is the best uh way to maximize the value at that point um so so I don't want to put words in your mouth just so I understand the economics of this so so if you had to build this traditionally you would lean more towards the hotel concept than the residential I I I don't know I'd have to run it both ways but it would certainly become a possibility otherwise it would become a possibility and in all honesty um it's probably not a project for my team I mean at that point we would we may be able to go work on entitlements or if they need something else but um that's not a project that Seagate builds or wants to be a part of I mean it's just not what our wheelhouse is um at that point you're talking about probably trying to cut as much cost out of the project and and RAM as many units in there so I would assume that if we us or another developer would do that anyone would be asking for more units because at that point it would become a cosplay and it's going to be how many units can you jam in versus what can you build them for and then what can you sell them for I've heard a number of uh concerns from residents that are concerned about being in the sheade as a result of your height uh have you done a shade study we have um there are some members in the crowd here that I had offered to meet with them there were a couple people on Dora that had that question um can you give us just an a 10,000 foot overview of that sheade study sure so we did shade study at a couple times out of the year that's how shade shade studies are typically it's a couple times out of the year and then you do it at um you know 10:00 a.m. noon 300 p.m. you kind of spread it out you see how the shading is and and it's relatively minimal impact on most of the neighbors um in fact the the people that get the most shade in most of the year is is our houses that we're building in the back um you know again shade studies are always complicated too because you know I could buy a house and i' not in the shade and my neighbor could sell his house and build a three-story house next to me and then I'm in the shade so um we did do a shade study and if that's something that people want us to make public I don't I don't mind making that public when you when you people can do it online I know people have they've gone on Google I mean when you have conveyed the shade study to the neighboring residents what what's been the reaction um I not much of a reaction to be honest Jim I mean the the the the three that I met with after the LPA meeting I have not had that meeting yet others that I've showed the shape to study to it's been not much of a reaction I think um I mean does it delay people's concerns I maybe I mean I I I don't know I I think it may just move them on to the next point the uh you've address this before but I wanted to just make sure we're clear because I I I did watch that public meeting where you talked about uh rentals uh not being in the equation and and I appreciate your your uh clarification on that but is there a way I mean I think that I think a number of people took a sigh of relief when that when they heard that and are we now on a month-to-month uh or I'm sorry one a 30-day or one month limit with uh with only three rentals a year is that is that where we're at that's correct I I and again I've been asking around I've gotten Brokers involved other other HOAs and to try to come to a conclusion because again that that is something that I didn't think I'd be up at final meeting talking about rentals but here we are but but what I tried to do is move in a direction and what I wanted to do was come to council with something that was even a little bit more restricted what we even agreed to in LPA to show that we understand it was an issue and we try to is is your goal to have folks be able to rent to some individual or entity for for the whole season I I think my goal is to make it uh similar to similar product in town because because again whether Alex SK or someone else going to sell these units it needs to make sense on the the rental Direction and again this is something that is going to be agreed upon into the future and if anything needs to change we would have to come back into town and get approval so maybe not next Tuesday maybe not two years from now but there may be a time where someone would want to rent their uh place to a season I'll give an example uh you know my father and I we rent a house on the Beach up at the Jersey Shore we're the only people that rent from this gentleman he rents it one month out of the Year July and we rent it for July and so yeah and I and I don't think that that would cost and I think that's kind of where we're going with it is that there may be an opportunity like that where someone would want to you could you could consider you would you might consider renting uh limiting the rentals to to once or twice a year I I think we're at three now it's actually in the development agreement where it's 30 month MA minimum and only three per year right we limited it to three that was something we added even after the LPA agreement I just I I I yeah I just I think that gave a lot of people some piece when they heard that and I think the closer we can get to maybe once every six months or once annually I think that would just enhance people's thought that this is going to be a very quiet stable neighborhood just just some thoughts um the park uh if you look at the aerial view of the park and this may not be fair but it looks like a it looks like it's more roundabout than park or or or turnaround um is there a way to have it look like more Park and less turnaround and who's who's requiring this turnaround and why does it look so so the turnaround was there for what I didn't want to do is show a green piece of ground right there and then come back and say Lee County is making us do access on this side of the building in order to do that we need to put a turnaround so remember that Park I was going to give you Lee County is saying they can't do it there could be a chance that Lee County doesn't make us put an access on that side or you know fire could get involved in that decision again that that's something that may be out of our hands so instead of over promising I under now I would um I would have people go and take a look because there are trees that kind of line that diagonal area so you can kind of make out how big that property is going to be even with roundabout there and it it is a significant part of ground piece of ground before you get to the beach does widen up even past um that and I have some pictures of that and people go out and take a look at it but there there is enough room for public amenities there and I and we agreed with um with the LPA that that it's probably fair for us to have to put some of those public um amenities out there and that's one thing that I look forward to working with uh staff in the town on and we would we might would we potentially be able to see something uh on second reading that just shows a little bit of that transformation I I think I I mean we could try to put some pictures together uh let me but I'll talk to my team on that um one of the things that was raised at the LPA hearing that I thought was really interesting and I was looking at it yesterday is that is when you're going you're headed south on a stero and you need to turn into your complex that that that that third turn lane goes away for a while and and I guess what I want to make sure I have a sort of on the record an agreement on is that you know if that if that if you don't have that third turt Lan that could really back up traffic on a stero sure and it looks like uh it looks like you guys just make it uh but at the same time if there's a need to expand that third lane and that requires you providing an easement to the county or or handling those costs sure are you in agreement that you'd be willing to make those adjustments to accommodate any traffic concerns on a stero yes so um as part of the LPA agreement we made it agreement to not only pay impact fees but to pay off-site uh mitigation for any kind of um approvals that be needed in a do process um neither us nor um the town have control over that because that's a Lee County Road so they're going to be part of it luckily I was out there this weekend um there that that turn lane ends right at where our entrance is so um it's close I don't know if they're going to make us extend it but certainly I would I would assume that Lee County would look at that in the development order process and if they do make us do it we've agreed to to pay those costs I think it's probably um oh certainly beneficial for the project that we do it but we just don't have the control that's that's Lee County's Road uh it would shock me if Lee County didn't um take that into account approving our um approving our uh project but again that's that's something that that that will come from them not us so uh your your colleague said this morning that that you you've got this View Corridor on the Bayside uh yes I was I was walking the property and I I tried to get to the bay and I don't even think Bear Grills could make it through the vegetation and the rough terrain to to get to the Bay uh H how how explain how that view corridor on the Bay Side works so um I didn't write the code but um the code expressly says that any any sight lines to the um to manan's pass which um isn't necessarily um uh does not disclude vegetation um and uh I believe you go to jail for a long time if you cut that type of vegetation down so um I'm not going to touch that vegetation but there is a walkway back there and that's something that the manan's past Association is working on trying to get that cleaned out eventually as they go through and I believe there's actually a dock at the end of that um you know so that's something that we fully support them on but that is not our property it's it's the associations and Lee County's property and there's nothing we can do to go on that once once those that Boardwalk hits that's not ours so none of your none of your owners would have access to the bay in the sense to they wanted to launch a kayak or anything well well anyone in the public would be allowed to use that once it's usable um Mr vice mayor but right now I don't think it's probably open I think that there's it's probably shut off access there because there it needs to be fixed up from the Hurricanes assuming any environmental concerns could be addressed would your would Seagate be open to a a a uh a water Ferry stop there at that property Water Taxi my really water fairy at the end of that dock no just anywhere in your Bay Area wherever it makes the most sense to to put it yes again we don't own any of those mangroves but we already are given a public easement on that piece of ground so uh if we want to write into the development agreement that developer will not push back on or or will agree to I don't know staff what we would have to put in there but I just want to make sure that there's a there's an opportunity for a water Ferry if we have a if we develop an extensive system I won't stand in the way of that and if I have to put that in a writing I will that could be helpful thanks any other environmental uh concerns with respect to the development along the base side there that you've addressed and want to talk about um I don't think so just that we're trying to be very good neighbors to uh manan's pass and we want we obviously think that is a big portion of our property it's a big chunk of ground that we're that we're um I heard some shading concerns from some folks on on on the bay environmental impact did you did your shading studies show that uh it it really doesn't go that far back in mananas the times of the year it's more covers our property now again at five o'clock there'll be some shading there always is anywhere but um but you know it's not going to be the hours and hours that were originally discussed this uh this road that really could in essence be in a very enhanced bike path behind your property or or through your property um you say that it would have to be a road regardless of what track you you you developed but it wasn't a road Under the Red Coconut it it was not it was not a road that was by that was passable through the Red Coconut or at least it was private as part of the um underlying the the underlying um 15 units per acre approval that's where that road access comes in because as part of that those entitlements that were written and Tina you can talk more ele quently about this but you want to just explain that a little well let's before we get to in the weeds and I know this is speculative but i' I've got to ask it I know you have an interest in the property to the north of yours but if that would that road then continue through that property as well so we could have a a bike path that could continue understanding is that staff is going to make any uh approval on that property contingent upon that road going through to keep into the village zoning uh terara I don't know if you have you had any further discussions with staff regarding how that bike path would then continue on North has staff mold on that at all or or or outs there um at this time uh there is no connection to Lovers Lane that is an option that is an item that we've brought up that there is no way to get all the way through to Lovers Lane and that needs to be something that the town is considering got it all right for another day um for today the uh just just briefly on the proposed restaurant uh do you and I know you're just in the sort of the the beginnings of all this but is there going to be indoor and outdoor seating and how many people if it was at capacity could the restaurant SE seek uh there will be indoor and outdoor whoa that was loud there will be indoor and outdoor seat um it'll be a significant amount I'll give you that you see what he said on the on the mic through the microphone he said it' be at least 8,500 F feet of indoor seated space so it'll be a significant restaurant and I'm almost done here Mr Mayor can you talk briefly about how you how you're financing the pro uh the project and will progress be measured in how many Advanced sales you have of the cond condos and can you also discuss uh this is a terrible way to put it but can you discuss how your financing is superior to others or at least how the town should take comfort and the fact that you're unlikely to have Financial issues Midway through the project uh and then and then discuss the timeline as you as you as you as you discuss the financing piece lots to unpack there okay um first things first one of the reasons we designed the project the way we did is we we're a developer and we understand how projects go on so um if this was just one Tower uh pre-sales would be contingent upon you know a percentage of those sales getting done the the ability to turn this into two towers allows a lower number of pre-sales to start it's one of the reasons we did two towers not one the other reason that we put the beach club on the beach and separated it is because what we'll probably end up doing and what the plan is is to build a beach club as quickly as possible use the beach club is the amenity to attract sales on the other side and to start that process as a as a sales Center as a glorified sales Center as we ramp up to get people and members in then it would be to build the first Tower as the first Tower is going as sales get to over 50% second tower starts that that's the game plan Jim so we have um you know probably a about a year in final design on the towers and everything so we'll be going through that as soon now we started preliminary design but until we get the entitlements it's hard for us to pull the trigger on Final design on Towers we know know we allowed to build um the beach club is a little bit farther ahead in in just planning but again the beach club is tied to the memberships of the towers so it's really important for us to know the whole sandbox are playing and it's hard for us to get too far ahead on design when we don't know the sandbox uh Lastly lastly one of the view corridors is over your your pool pool that's attached to the beach club and I'm curious what what's the risk of that view corridor being diminished by the sort of the fencing that you're going to have to have to to surround that pool will it be transparent or how how do you how do you maintain that view corridor would you have that pool there um sure I mean the game plan for us was to maintain it as as much as possible a lot of that will happen in the development order process um those there's not a lot of product that lives through that beach there is a lot of people are seeing right now so enhanced landscaping and everything sounds great until a storm comes through and kills it all and then you got to replant it so I I mean people see what um at Margaritaville it it is a lot more transparent and it's done for a reason obviously you have um so I I think there'll be some transparency there but I don't have final plans we can talk about what that means but the most important thing that that to me was making sure that we had a view from the restaurant to the beach that that was brought up a bunch of times and on that point uh Matt is that you've got your Beach Club and then you've got potential development yes to the south of that which would probably be large homes probably it seems like you're a bit sandwiched there or especially if you're sitting at the restaurant or you're driving down the street or you're walking along the sidewalk it seems like you're you're getting closed in on there is that is that just a is that is that not fair because I mean I think there's 120 ft on both sides so we kind of centered the the um the building as much much as we could and we have the public SE side on one side and the and the and the you know private side on the other so I think we did the best we could with um trying to get if you felt too squeezed you could potentially give up one of those lots and just leave it open right if you bought those houses oh man I'm just I'm just you know if if you get concerned about that not a lot of secrets in Fort Meers Beach are there so no it's fine but that is a possibility right everything's possible there is already is a um 10t access on each side so there already is a 10 foot access on each side one of the discussion points was do we make that access go away or or asked for that access to go away so we're providing one on the North side and the discussion was why wouldn't we just keep it it'll add you know because there's a buffer of 10 ft on our side if if we got rid of it then the 10-ft buffer on the other side would go now there's a 10t on both sides so there's actually a 20ft buffer walkway on that side because of that access we we kept that access um in place okay that's all I have for now Mr Mayor thank you are you sure yes okay councelor King FL some water well I want to commend the vice mayor on his thorough questioning because it's obviously he was a a congressional staffer up on the hill in DC and that's in my honest opinion how a lot of the uh public hearing should be instead of gotcha moments uh back and forth uh so thank you you took care of a couple of my questions U Matt something that came up uh for me on when meeting with staff on Thursday was I think the length of this development agreement before you want to get started I think we're wanting you to if we approve it get started sooner sure you're wanting to extend it out and then so so part of that um John is the is the is the issue we need some permits that are that that need to show that we have an agreement for this long right so so they so we need to be able to show that the rules can't change on the ground for a certain amount of time but I did hear a little bit of this since our meeting people have reached out to me and talk to me about this and um and I'm sure I may hear about this more um as well we've talked about it internally um because I I kind of figured this may come up and I'm okay limit the the um submitt of permits to to at least submit some permit on the site in within five years instead of the 10 it's not our intention to wait 10 years to develop as I told everyone we'd be broke right but but there's also things that happen in development I'll give you a couple examples covid happened and no one knew what that meant and shut everything down hurricanes happened um we developed a project on Boer Grand great project first season great second and third season worst red tide we've ever had in Southwest Florida I'm sure some of you remember those years manatees Dolphins washing up on shore kind of tough to run a project when you got that stuff going on so we've had a lot of national disasters in Florida and what I don't want to do is put the project in Jeopardy based on a arbitrary timeline but I understand on the flip side what the town's trying to do and so I would be I would be willing to commit submitting for permits down to a shorter time distance than just the former development agreement if that alleviate some of your concerns thank you um L mayor I answer a couple of the questions I already had on my mind so thank you for that vice mayor as well and I'm good for now okay uh concer Woodson unlike um Vice Mar hold I have my notes on my phone and on the so I'm not really reading text messes that's okay um the first thing I want to say is I really respect and appreciate how you have listened to the LPA how you listen to the residents and that type of thing and and trying to get all of this into one cohesive presentation I mean I don't know a lot of people if you've looked at the actual packet but there's tons of strikeouts and additions and everything else that went through this whole process in a week um so I really do appreciate that um couple of the questions that I had oh great now my phone has to here's me okay um we talked about the rentals that are taking place when originally you had said no rentals but now it sounds like you're talking about very limited R rentals correct that is correct Ken and 30 days minimum that's correct okay um so I think that's really important um so that there's not going to be a lot of transcent there's not going to be a lot of overflow that that that was that was the intention and when I made the comment that I made that was what the point I was trying to get across uh again I apologize for being as flippant as I was with that comment it's I did not truthfully understand the impact of the words that I spoke then I do now believe me I've heard a lot about that and we tried to get to a place where where it calm at least most of the masses down and and also kind of fit it within where the market is for that type of space okay and then can you also just comment again I know that you mentioned when you were presenting that on dinora you went from six access points to two that's correct for our from the people that live in the tower there's two points now correct but then is there also additional for like waste pickup there there is so so we don't know the exact amount of that obviously as a developer I try to limit that to one um but um these buildings are very complicated to build and sometimes there's not um an easy way to to make those commitments up front until the buildings are designed I can assure you that it's cheaper for me to build a building that only has one access point most um trash pickup places um uh Etc like only one is at one place but sometimes with the way the comms lay out and everything like that it just becomes impossible so what we're going to try to do is minimize it and make sure and just hopefully the public understands that those pickups are very few doesn't happen a lot and we're we're going to try to keep that as much out of the public uh interaction as possible but um the goal is to try to limit that to one but there may be a point where there may be one on the North side one on the South Side it just depends on Final design okay um the other question is about that turnaround space or the access to the beach club and that type of thing yes I mean if you didn't have let me just ask you this do you do you really feel that fire and if I didn't have to build it I wouldn't I would make it all green space I just wanted to be very upfront and honest that that could be a possibility that is needed and I didn't want to come back all right no it's okay but but but what I didn't want to do was make a promise show nice green space and then come back and say I can't do anything about this um I had a similar Moment Like This at the LPA when we were discussing the restaurant I was trying to be Forward Thinking and reasonable and honest and think like a developer thinks that well if the the restaurant can only be half the size maybe other uses it was turned around a little bit like I was trying to get out of it which I really wasn't that's what I'm trying to do here guys I I'm trying to be as transparent and as open as possible the last thing I want to do is give you my word and then go back on it because we lose everything that's why I'm very careful talking about this Rental process I understand how upset some people got on it I don't want to be there I want you guys to be able to take my word is Gospel and that's why I put that on the plan um awesome I mean just two more points so I too was questioning the time frame the 10 years I was hoping for five or less but you went through and explained that yeah and I'm okay and we can work on if uh by chance you guys push us to a second reading I don't mind working with the Tenn staff on language that gets everyone comfortable to cut that down on at least on the submittal of permits to get it to you guys before if we get there and lastly I didn't even think about this but vice mayor atal brought it up the restrooms and having I know sorry but you know I know that there are I know we cannot build restrooms there I mean Margarita Bell got in through a grandfather and that type of thing but there are beautiful restroom um what do you call them trailers trailers and trucks and St Comfort stations which could be amazing for people on the beach there's no place else to do that anywhere there there's no restaurants there at this point or anything um and they wouldn't have to cross the street then again to go to the restaurant it would be so much easier for me if they crossed the street it's not about being easy for you no I I I would I would request I I Tim send some let me let me table that I'd like to talk to my team after a public benefit or public comment and let me just get with my team and I'll try to address that situation okay thank you and I like I said at the very beginning thank you for all of your concessions thank you for listening than you really appreciated sa yeah you don't want to hear from me because I'm gonna ask you the same question so why don't you get with your staff especially what the vice mayor pointed out too you know a water station as well for for not only people but for pets I think that'd be great I personally don't think you should have that turnaround there now if you're for if you're forced to I I think you I would much rather not have it I can guarantee that I think you're creating tra that's just creating traffic it's I don't disagree I'll bring you to my Lee County meeting okay let's go um the the other thing with with regards to turn Lanes I'd like to see not only turn lane into your property but also on dinora to help is the turn lane on dinora does it it's into din yeah but I also like to see if if you could and if it's possible the turn lane in you're going to have entrances on the north end of your property correct um which and think you mean the westest on the left side there I'd like to see turn Lanes there too if possible yeah again I I I don't control Lee County but but I understand and I think they're going to look at I I think they're going to look at that strongly I think luckily there is a turn lane coming from the north which I think saves a lot of Heartache for all of us like that there's also the bus lane that pulls over there is some reconstruction that could happen there on a stero that maybe could could clean this up but it and and if we get into this process and we are going through with our development order it maybe it would be helpful if if Council if they're passionate about that writing a letter or giving me something that I can take with me when I go and have those meetings Tina just that just to basically have that in my back pocket that that Council would really like to see this again they can make their own decision but but that I don't have any issues with it anything that that helps traffic in front of this project helps me because no one in this project is going to want significant traffic jams in front of it so and my my final question I'm I'm super confused when you said you've talked to matan's P who what there's an association yeah there's an association that kind of controls the what are they call Tim friends of yeah friends of that's who you're were talking to yeah sorry no it's okay it's like you talked to I'm more like up here they get they're more detail guys so so okay that's all I have for right now thank you all right I only have two pertaining to your most of my questions are revolved around or in the development agreement itself but just from your presentation and then after this if you want you can take a 10-minute break and perect log time to talk and then we can go into the development agreement then go to com okay the the one I had was there was a question raised at the LPA as far as far is concerned yes um when it has to do with the parking you never were able to get them an answer since you've had a week if you had time to get what that calculation would be for the parking Park comp the parking component two stories is for 044 okay so just under two You' 1.94 okay the other question I had and this is just a math question that numbers catch my eye the last the last slide you had showed the economic impact I'm curious anyone looks at their trim notice on the island knows that 6% of your actual taxes go to the town of Port Mar's Beach quick math told me that wasn't 6% so I'm curious how you got to that number if you go to the last slide 588,000 I think you said it was 184,000 currently would go to the Town based on 134 much l uh the town portion of it yeah you've got the town portion is 134,000 with 6% you have to come to the microphone sir oh you gotta be that's okay you goodness let me find my script hang on if I don't read it I'll forget it do you swear affirm that the testimony you are about to give is the truth the whole truth and nothing but the truth I do okay so unfortunately that was something we created uh late last week and our financial analyst took the actual tax bill and I I mean the request was take the total tax and take the line items that pertain to the town of Fort Meers Beach and those are the my yeah my guesses you got to using the school board the scho it wasn't just the town itself it was we canart no I was just curious no I know you weren't it just it just caught my eye and I thought wait a minute it doesn't seem like 6% to me but 35,37 sir I mean that that makes a big difference when it comes to economic impact so understood those are the only two questions I had so and Sir can we get his name in the record please sorry thanks thank you I'm Tim B and the vice president development for C thank you okay those are the only two questions I really have with the presentation that you haven't already been asked or answered from these guys so we'll take a 10 minute break and allow you to talk to them then we'll come back and go over the development agreement shouldn't take that long but thanks 1150 e e e e e e e e e e e e e e e e e e e e e and is 1151 we're going to go just to double check is everyone okay with going through the development agreement if you have questions and then from there we'll go to public comment and then get responses from from uh the applicant after that everybody all right with that what what page are you start on I'm going to start so because I don't have the printed one out in front of me I'm going to do it by packet page yeah so if everybody's okay with doing the packet page numbers yeah which which number you want number 236 is the start of it so we're going to start on pack pack of page 236 and we we just go Page by page and if someone has something that they would like to have addressed on that page we'll do it that way instead of going item by item all right nice Mar you get through the forest good I'm good okay thank you so page 236 is is the basic where as Clauses is there any anybody from page 236 that has anything that they'd like to change add and comment mayor um on the LPA I am confirming that the vote was 4 to two to recommend denial okay so even though it's not listed in here it's now on the record as a okay that was the only issue only question I had anyone else okay then we will go to page 237 uh Council Safford any questions on that one not at this time ccor what in I already addressed the um um B vehicular access and C Rental restrictions okay yeah I I would as as well like to add that I'd like to see it both on dinora and at their entrance so is there any text changes going to have to change because they're going to have to agree to it if we're going to change something it may be difficult to come up with the language on the spot but before second reading okay if that's good okay so you want more than two vehicular access points on no no I'd like to see two turn Lanes if possible I I don't think we can put that in the agreement though because you have to get that from Lee County is that correct correct but it it' be my desire to see not only a turn lane at dinora but another turn lanane where that you're to where where your entrance is suggestion can you ask if a if it's amable to Lee County some sort of leing in there yes we'll work on some wording um I think getting your Concepts and your concerns would be really very beneficial okay do you guys you guys agree to that or may not I don't have any issue with it I don't have an issue worth exploring yeah and you you guys are okay yeah okay thank you um anything else no sir Council Woods anything else on 237 no VI no again I my questions were sort of preis here but you're you're trying to build these into the into the actual well this agreement is essentially this is going to be their development agreement if it's approved so anything that you want to see in there as opposed to a work on it or if it's something that can be amable to both sides and it's added Now's the Time to get it added okay because because my hope is is that based upon my line of questioning that you were obviously taking notes and the staff was taking notes and that we could build into this some of these details because I I don't expect that to have the language today but I I was hoping to see some of that language for second reading for example the restrooms and the drinking found Etc like are you hoping to have that language codified this today it it's complet do you I mean I I mean I'm I'm comfortable with staff working with our Council to prepare that language for second reading for second reading would be preferable I guess what I'm getting at it seems very presumptuous that we're going to a second reading that that's fair point I I would ask um that we talk about the restrooms and the turnaround after public comment I'd like to address that and then maybe we can if it's as long as somebody's got notes that they're taking that we're going to circle back and cover that are you okay with that Tina yes okay C anything else on that page nothing sorry I forgot it was already done down here councelor King none currently the only thing I had is uh and I had spoken to staff about this but I don't know T if you if it's made it to you yet it seems like there's some conflicting language on page 237 and then later on page 247 for under item 4A it talks about the density from it says the density from other properties owned by the developer with within the town may be transferred for eight additional single units located to the north side of and then later on page 247 it talks about that's all stricken out correct we moved it from 247 so that's just a moving it's not a okay I just want to get clarity because looking at it at first glance it wasn't clear that so you just moved it up essentially that's why it's crossed up okay um as part of the comment I made on the because this one stays out of it I've already agreed to move the the submitting a perit the 5 years I think that if I'm going to be submitting apartment I'm going to need to make my decision up about moving density so I'd be willing in that section to tie that to whatever we agree to on five years if that is something that you guys are okay with and tying permits and also moving density to that fiveyear restriction makes sense M okay that's the only thing I had on page 237 on page 238 councilor Safford I think Mr Price said he was going we're going to talk about the the park afterwards okay that's all IE I'd like to hear okay no problem I'm the same thing because of the vehicular access all right um same okay and ccor Kane good the only issue that I had I just lost it I thought it was on this page is this the page where it talks about theas maybe I have the wrong page number I'm looking for it's it's it was concerning the oh the commercial area there it is item e on page 238 I know at the LPA there was some uh push back about keeping it specifically a restaurant and I know there was some discussion back and forth although I I think I understand where the LPA was trying to go with this I've never been a big fan of just pinning something down to very specific and I and I don't know that is what council really wants to do because when you look at the CV zoning District things we're trying to make it so it's allowing more if it makes sense is there a way to add some sort of verbiage in there that if you want to keep at a restaurant to keep consistent with what the LPA says but I don't want you to be pinned to just a restaurant if it's something that needs to be changed if it's nobody likes the food you know night and nobody goes there you don't want something that's going to be sitting as an empty space but you do not have the ability to at least come back and say we want to change this from a restaurant to you know indoor ski shooting I don't know whatever just make wow my interpretation is that item L on the next page would give us the opportunity to come back and to staff and do just that oh I'm being legally [Laughter] so for your record uh good afternoon or good morning still Richard Aken of Henderson Franklin I represent Cate on this matter I'm an attorney so the question about the the commercial area I think that we could have a discussion later on if in throughout the process if we just put restaurant in here about whether that language is going to Prevail over any other language in agreement because of the specificity of it the reason why we had left it originally you can see the strike through such as hair hair hair and nail salons a laundry service dayc carees small scale convenience retail and we had restaurant as well I think that if you're more inclined to have more uses be allowed there that it would be better to go back to the language that we had pre LPA if that's what council's inclined to do you know Matt said that he was willing to make the change at LPA because they indicated that was a desire that they had but if you would like to see more Flex ility and what the uses might be or one option would be to come back and say a restaurant of at least X number square footage or something like that we're happy to go in the direction that you want there Matt made the change last time in order to make LPA happy or to try to move in that direction but uh certainly having seen this happen a few times having a little bit of flexibility is easier because if we strike all those others out we may be stuck at a later time and guess what I'm not I'm I agree with you in concept I guess I even with some of the strikeout Lang language it's very specific you know it's giving I don't I don't want you to be stuck with it has to be a restaurant and only a restaurant but I don't want it to leave is open say well it says nail salon so I'm going to put a nail salon in here as we heard from the chair she's like does that really benefit the entire Island although my wife tells me I could probably use it I doubt I'm ever going to go to a nail salon I think you might like it like it you know what I mean so I understand your point as far as public benefit what I was trying to get at is there is there verbiage that you could put in there to allow you a path to at least come in and say this is not a restaurant it's going to be half restaurant half nail salon or something that allows you to at least have the avenue to come back before the OPA and the council much like the signs with the margarit bill thing and say we need to just amend this well I sure agree with that I I think if as long as we work under the premise it's the restaurant and if you if if if times change and you want to come in you'd have to come to the council to change that I think that's very appropriate so the way by having it stricken through right now I think that's where it sits is that if we wanted to do something else we'd have to come back to council anyway in order to amend this development agreement and if the parties agree to amend it we can agree to amend it the question is if you want to have something midpoint for example instead of having to come back to council we had to go back to staff but it was limited in the development agreement as far as what staff could agree to we could work on language if that's the direction that you gave me but what I'm hearing is we could come back to counsel that's how it's written now if we want something other than a restaurant we have to come back to counsil so that's where the L comes in the other part the next page comes in is that you're referring to so if you go back if you go down to the next page then it talks about the uses that are permitted would you say it was l l yeah other permitted uses of the land shall be those allowed in the underlying zoning District but see that does that just says that it's used in the underlying zoning District so if something in the zoning District isn't listed you're pin down to that so um again uh Mr Mayor you were very clear maybe we will get the second reading maybe we won't but this is only a u piece of the agreement that matters is if we do right so why don't we do this I think I'm hearing different things why don't we come up with a couple options some being stronger than others and then if we do get to a second reading we can present a couple options to council and you guys can pick the option you like the best does does that work I think that's fair enough I I just want to make sure it's it's fair to you and it's fair to the town and future you know I think you see how our you know our one zoning District it's so prohibitive that I I don't want to paint those guys in a corner if if things change okay I think you got enough Direction Nancy you okay with yes okay yes so we'll move on to the next page 239 uh Scott I'm my computer froze up can you skip me uh yeah well go ahead Council Woodson um so the only thing I'm looking at there is on the height where they made all the changes I have no issues with the rest of it but but on H um so we're still we're still looking at the two stories of over the structured parking and not included in Far correct oh you're in an area for I I'm in h oh okay Max oh wait far as I far as I yeah so we have uh two stories of structured parking and then 15 stories of multif family that's limited to those two specific locations and the height tiar down from there so we did the reference to the conceptual plan the conceptual plan has the Heights and the story specifically referenced on it in exhibit B rather than typing it all out right okay but then so at the 1.5 though it's still not including all of the parking correct because that was deviation that was the point 44 that okay I just want to make sure I understood thank you VI May nothing additional counc King none um the only issue I would like you you would you address it in the presentation as far as the question that the LPA I think it was PL Jam pler had it on the drawing it looked like there were more than two towers that were going to be the 15 stories and you addressed it is there a way to maybe memorialize that a little bit more under H that it's only going to be two of the towers versus what the conceptual drawing shows that it could be more even though you did testify that it's only going to be two of the towers that will be at the 15 stories above okay bud yeah we can we can just so that it's at least it's it's in the development agreement that it's there that's the only thing I had on that page I don't think the record could you restate what Matt said through the microphone yes we can work on amending the height to include the two locations for the 15 stories and then the the step down to 11 and nine okay yes um page two oh I'm sorry did you before I move on that that was my you as you asked my question okay then we'll move on to page 240 uh Scott why why is that middle part I'll struck out oh we had that paragraph twice so we combine it with the other reference so it's still in there it's just not a duplicate okay thank you that's the only question I had on that yeah moved to page 11 correct correct yeah okay that's all that I had too okay Vice May UL nothing CC none the only question I had was basically it's both 240 and 241 and it's about the public facilities part of it it refers in there as part of you know this agreement means we'll meet the the what's adequate that word gets used in there a few times you know it'll be adequate in seeing some of the issues that we've had with some of the other developments on the island since the hurricane adequate is isn't always enough although you could say you know we're we we're receiving adequate water pressure it may not be enough if approved to pump that water up to 17 stories or retain that if there's a way to somehow legally add a little bit more not just to supersede ACU it to to try to make it future proof to try to make it I I don't know if I'm articulating quite quite as well but try to strengthen it from just being adequate at the time of the development to how is there a way to Future proof it and and are there steps that we could do to try to make the infrastructure and it's not one particular item it's all of them I just would hate to see a development if it gets approved be dead in the water because it can't get water yeah um for clarification I mean they are required to have um those adequate public facilities um and the pressure issue is really going to fall on them there's going to be adequate Supply which is all that we can give them we can give them the adequate supply of water and that's what they have to agree um but then they would have to that's where my that's where my problem comes they would have to have the pumps in the development agreement says the town of Fort Mar's Beach will provide adequate water well we don't control how much water comes over the bridge that's controlled by Lee County but based on our discussions and with with our water provider we do at this time have adequate water so that's that's all this is saying I was just right but I want I guess what I'm trying to do is because this is not a CPD and because this is a development agreement if this gets approved this is what we have to abide by it I don't want to get into litigation later because they've now developed a project and they can't get water because it's not adequate for their property even though we don't control the water pressure coming onto the island and I guess what that's what I'm trying to get I'm trying to protect the town in the future if it's approved that adequate that to me adequate is a very broad term what's adequate to us and what may be adequate to the homeowners on the island may not be adequate for a potential 17 story building can that be addressed with the following that the capacity shall be based on the availability at the time of submission I'm going to rely on the lawyers in the room to be able to work that out I'm just trying to try to make known my the concern that I have that could potentially come out of this down the road because we did see it with Margaritaville where they could get water pressure to their upper floors and that's only three stories so we can't control how much water comes onto the island I know the County's working on it and that's going to get updated and we're going to have higher water pressure but but as we build back as an island water pressure is going to be an issue and just trying to address it I just don't want to get into a legal battle 10 years from now or 15 years from now not that we don't like seeing you but we don't want to see you in court saying hey this agreement says you would provide adequate our Engineers are saying this is not adequate what are you going to do about it that's kind of what I'm trying to address yeah I I think the word adequate may be more subjective um whereas maybe we just say available again you guys you guys work up I'm I'm happy to work on that language and I'll point out one thing for you too and that is that the this provision about public facilities is something that's required to be in there it's just one of the required elements of the agreement and so this is how we we wrote it up but we are happy to work with Miss dup and get to I'm not trying to nit I'm just trying to I understand try to see the crystal ball 10 years from now um that's all I had for 240 you're 40 and 41 but we'll go to 241 Scott you got anything on that page no sir okay CC no I'm good no okay councelor King nothing okay we'll move on down 242 Scott I I just want to thank the LPA I think they did a great job of of sorting all the impact fees out um and thank you Matt for promising to take care of those okay counc Woodson nope I'm good vice mayor it's all been addressed okay counc King good shocking I have one but this is kind of throughout the entire agreement and I've talked with Town attorney and town staff on this and it's that word shall in in item six it says impact fees shall be required prior to the building permit shall is a very loose legal term I've learned over the last four years can we strengthen up that word shall to must or will I have no problem with that at all yeah and and again there's a couple other ones that'll come up that have that same if if we could just take a second look at anything that uses the word shell I know it's commonly used in the legal world but we have found in the past that that word shell has gotten us in trouble it has been problematic in certain situations so we'll do a universal check of the whole document and I'll work with Richard and wherever we can put will um that's what we'll do in substitution of sh okay um and then the other one was item number seven same thing the word shall is in there so if you're going to look through it globally that's all I care about um moving on to page 243 uh Scott I have nothing okay no I have nothing on this no good I do not have any if I may yeah go ahead I guess I should ask you Tina we need we need to add a view corridor that we missed to the Bay oh that was described yes yeah that's why it wasn't a question because you didn't talk about it till today and which one is that just for it's the 120 feet to the Bay so we'll add it under F under F that's what I was trying to get um a question from staff regarding this when we did speak with the applicant during the break um the pool area is considered um a view corridor there may be a need to elevate the pool a bit above grade we kind of wanted you guys to discuss what height may be appropriate for a pool and still consider that an open View Corridor that's that's a that's a big change yeah well and and it's it's mostly because it's going to come to the staff level and it'll be View Corridor but we don't have like an elevation above grade so it's going to be on staff to figure that out and I'd rather you guys sort of opine on that rather than it being the the discussion came up is a foot 2 feet 3 feet people are seeing what's margari Ville is going through with the water coming in so obviously being a view card or it couldn't be 10 feet because no one could see over a 10 foot so I I think staff came up and they said look we just want to have this conversation today and get counsel to a pine which I'm okay with I if we got to build it to grade we got to build it to grade but we all see what margar Ville is doing with it so even a foot or two is helpful when it comes to that cuz you're trying to keep sea water and sand out of the pool man in your business I mean you know this better than anybody when you elevate a pool like that to try to mitigate those concerns does that mean because it's the pool's higher then the fence doesn't have to be as high or yeah I mean typically what you would do is you you slope it up right and slope it back so so it would slope up to the so there would be a rise the raising pool would potentially mean less height for the fencing then right potentially or no uh yes I mean technically speaking the pool would be a little could be a wash on The View corter aspect I mean when we're talking about this you know my gut tells me it's probably three feet I mean couple feet is what we're talking about this isn't something that we would push up but staff did bring it up and it is reasonable if they design a pool and it's you know two feet higher than than grade is that affecting a view card or not so again in full transparency Sarah brought it up I thought it was a reason able thing to talk about right now we could talk about it during the development order process too but just full transparency came up we wanted to talk about it so so when you're saying I guess what I'm trying to figure out is once the beach re nourishment is done obviously where your property starts or where you start to build is going to be higher than sea level so you're looking for an additional height above that or I don't I don't I I think we're just looking for direction from Council and what you know when we say Grant ground level pool does ground level pool include two or three feet of wiggle room or does ground level pool mean ground level pool and and again full transparency and maybe this is something that we could all do a little bit more research on it just came up from Sarah kind of caught off guard but I mean to me an easy three feet of leniency to that is reasonable you're still going to be able to see over it from the road but again it certainly can't be five or 10 because then you don't have a few car Carter so just trying to bring it up have the discussion right now I'm certainly okay with a little bit of leniency as you said we see what happens to the pools right my concern would be is if there's a structure required then right if you raise it too high then do you have to have steps to put steps in well and that's why I think what would there would be a rise of a run and I think you know we wouldn't is sand going to come up to it I mean the reality of the situation is it's probably not going to be that much elevated but we just don't want to get into a situation where plans and drawings are done and staff needs Direction More than anything because when they get our plans if it is elevated a little bit and again we haven't sat with the designed people to go through this yet so this is new news sah brought it up reasonable ask I didn't know how to respond to it so we might as well talk about it just maybe add some sort of not to exceed a whatever height and and I guess the question is what height do you feel comfortable with Scott two or three feet three is my team's kind of throwing it out there a number I would say three feet Max or three- foot variation right yeah I'm not smart enough to give an expert opinion on that whatever you guys think well it's hard because you know that's the downside of development agreements is you don't have the detail there to be able to say now I'm going to be looking at a retaining wall on the sidewalk versus true looking at but this this comes up in a PD too because they could be doing design and stuff like that and then and then you know this is everyone's looked at the last couple years what margaritaville's gone through they certainly designed their pool the way they did that we were going to three storms come through and kind of opens up your eyes about man if we only moved it a couple feet that's a good real world examples if you look at the Maro pool and you try to imagine what it would be three feet higher would that be a huge deal breaker on your in your mind if it was not to exceed three feet because you would have to have some in their case you would have to have some sort of paining wall there to be able to sure and to your point now you have to have access and Ada access and I mean you're probably putting at that point there's probably a crane that needs to go in for the Ada I mean at that point I mean something or or you're or you're ramping it up I support the will of the council I mean I just don't know John how do you feel about I'm comfortable with what Scott and Karen suggested you got your okay thank you um what are we got 243 anything else um Tina not that I have okay 244 I'll start with you Tina anything I don't have anything on this page okay councilor Safford I'm good counc Woodson I'm good we already um addressed the dinora in previous okay um matter no coun k good I don't have anything on 244 either 245a um we have not discussed the deviations so I don't have any notes on that I'd be looking in the council if you have anything okay coun Safford I'm actually good on that page okay ccon I'm good as well may nothing K good the only note that had it sounds like we've addressed it and that was with item a and the 235 ft in the 15 stories I think that's going to be more defined somewhere else as to what towers it's going to be not the entire correct just so that'll be covered somewhere else but does that need to be covered in the deviation where all not necessarily okay um because this just asks to deviate from the code but the H section um above is where that specific Heights are uh listed okay all right and 246 Tina nothing uh councilor Safford nothing nothing vice mayor no K I don't have anything either 247 nothing okay sa so that the density was moved to that other part correct correct okay just just for clarification that's all that's the only question I had on that page okay I have nothing no council King no uh I have one thing and that's Item B it's the administration administra amended I understand what you're trying to say and I I I agree with that I don't think you know you got to move a AC pad somewhere that that's something that should have to come back to council but I would like to see something in there a little stronger when it comes to say structural if it's a however the legal Team Works that out that it because in the past I know that has not always felt comfortable when it comes to certain things making that decision without else Council input and I'm not trying to bring it so that everything has to come through any kind of significant changes I know you've talked about it in that and you know it's got to stay around the conceptual drawing but anything majorly structural or staff deems is whatever word that you can come up with to make it not just be you know you decide you want to change something and staff doesn't feel comfortable at least coming back and and for input doesn't necessarily have to go through the entire process would you consider giving staff the option to bring it to council um so if something comes up I think you de defeat the purpose and in what I mean by that is is if you know depending it could be a whole different staff could be a whole different councel by the time this thing starts coming out of the ground if it comes out of the ground and and maybe that staff feels comfortable making those decisions or maybe they just like I don't want to risk my job feeling that they're going to lose their job if they make a decision like this I don't want I don't want it to be that every little decision has to come back we tried to I think as a council and LPA work very hard to streamline a process as much as we can and I'm not trying to reinvent the wheel here just try to find something that would give the staff if they felt it was something that was an egregious change that wasn't covered in the development agreement the opportunity to at least bring it back can can we get a little Clarity on structural so we have a pattern book for the architectural elevations we have setbacks we have a general you know box that the structure has to fit in what what are we I guess what I'm trying to get aspect we we' already covered like 25 story Towers right if all of a sudden you start going through all your projects and Swift m is like uh no that Tower can't be there because of whatever and now it has to be moved over here administratively they could say go ahead right and it would be I would just assume instead of having to redo the thing all over again you could come through and say because of this we need to move this from here to here much like we had to do with the that was done with the margarit sign something outside that could possibly been what if we put language in there that says uh significantly deviates from the uh approved um plan something to that effect so there's a there's a deviation shown there's a plan in there it's pretty specific on what we're trying to do everyone understands it if it specifically deviates from that obviously we're going to need to talk talk to people anyway so I'm okay with that I I think that's what that's all I'm trying to get at so so what about language like that the specifically deviates against the concept of the plan the concept A significant one something like that because as as it's been testified here today you have plenty other permits that you have to go through and get yes and we don't know as a town what they're going to require you to do to meet what you're trying to do or what was approved and i' I'd hate for staff to be put in a position to have to make that decision that could significantly have an impact to the neighbors to one side or the other so if you're okay with it all you guys can figure it out from there yeah we're good okay moving on uh 248 Tina um no we didn't have any notes on this from the previous discussion okay Concor saff I have nothing wson nothing Nancy is this just boiler plate basically pretty much yes I'm good as far as the agre yes councelor Kane good U again this is just another one of those shell things for me like 17 1819 is a lot of lot of shs in there and the other one I had was 20 21 then I want my not said I need a little more explaining but I can't read the rest of my writing future in you oh the agreement the transfer of the agreement I think that was what I was concerned with let me read it I oh I think what I was trying to get at is if for some reason it it gets approved and now you have the entitlements I was kind of reading this as it could be then transferred or not transferred I guess that's what I was trying to get some clarity on in number 21 my understanding is that if for some reason seate sold the property the agreement runs with the land that's what I was that's what I want to clear Clarity on so if it's essentially transferable if for some reason they decide that they want to sell the property with the entitlements okay that's what I want to clearity again that's what I thought I read but I just wanted to make sure and and go on to what's the next page 249 Tina uh so my note here is that we would potentially consider adding something less than the 10 years Matt has mentioned five I don't know if the council has other comments there that we need to take into account that was one of my concerns that I had had was something to do with five years as long as you've you've gotten or made an attempt to get your permits through Swift Mud and all the other things you got to do I'm I'm okay with that language okay counc Stafford good we talked about this I I agree K yes all right okay and then the rest I think is just 250 is just the where everybody signs right yes okay and then we agree to come back after public comment on the park and the turnaround and the restrooms and drinking fountains okay fair enough with that we will grab sheet are there any members of the public who wish to comment on this matter if so please come forward to the podium and identify yourself provide your address and whether you were sworn in go ahead man okay first up I have John Munger after Mr Munger will'll be Justin tyo good morning my name is John Munger and I have a home pardon me afternoon oh good afternoon to everybody I'm here to speak in favor of this development I have a home at 21501 medira road which my wife Leslie and I have owned since 2013 so we've had a home here in in for 11 years I'm also the president of the yachtsman's Cove subdivision Association which is the HOA that manages the 18 homes that are in our little Homeowners Association Along madira Road on Mid Island on Fort Meers Beach I'm here in my individual capacity but I wanted you to know that because I think I have some credibility with my neighbors and also I'm invested in Fort Meers Beach um there are three in my mind very obvious reasons why we should vote Yes for this project the first is that we have a rare opportunity to work with one of the pre-eminent developers here in Florida when you look at their website you look at the quality of the homes that they build it's just fantastic I have two friends who live in Quail West which is a Seagate development they are extremely happy with their homes number two number two if when you watch the slide presentation we saw just how beautiful this development is in my opinion this is a drop dead gorgeous project which will enhance and add value to Fort Meers Beach another thing that's very important we talk about public benefit well one of the thoughtful things that the developers did was that they pulled those buildings back the residence Towers back from the Gulf of Mexico across over to the Bayside of a stero what I think is going to happen in the end is that the towers are going to look like the Twin Towers at Ocean Harbor which is just three blocks north of where I live and so I can see those Twin Towers at Ocean Harbor they are closer to the Bay than these buildings will be to the Gulf of Mexico once they're completed and I can tell you that those Towers look absolutely beautiful when I look at them off the back Jack of my house and I think that's the result we'll see when these towers are built over on the um Red Coconut property the third reason is this is going to be a tremendous wealth generator for our community the direct and indirect Financial benefits to this property the jobs that will be created the money that the residents will spend once they are living there it's just going to be a fantastic uh benefit for our community but there is a fourth reason one that I think uh is even maybe more important than the other three and that is the word confidence confidence hurricane Ian was an incredible gut punch to all of us we're here in a trailer right now two years after Hurricane Ian because of the devastation that that hurricane caused to us there are a lot of vacant homes here on this um island of ours empty lots um there are homes that are still destroyed that haven't been cleared out I asked my realtor uh in preparation for the hearing today you know what the situation was in the real estate market here and she said there's a 20.4 month inventory of properties that are available I see that my my time is out but let me just say board members you have a once in a lifetime opportunity to supercharge this island with confidence confidence will radiate out from the Seagate development and then will touch every aspect of this community our businesses our restaurants property values and it will make make a statement to the world that Fort Meers Beach is the place where you want to be thank you very much for your consideration I appreciate you're hearing my thoughts vote with confidence vote Yes on this project thank you thank you John Justin typo and after Justin is star Sherwood thank you good afternoon uh Town Council and thank you for the opportunity to speak my name is Justin TBO I am a lifelong resident of Southwest Florida I grew up working at the birkens sock store that my grandmother operated right over the corner over here which is now the library so I've spent a lot of time here excuse me spent a lot of time here raising my family here uh very much a a huge fan of Fort Meers Beach U today I'm here to voice my strong support of C's proposal uh particularly in in regard to height uh the height variance that would allow the project to go to the heights as described I understand that traditionally the council uh has been cautious about approving taller buildings um throughout the uh the town and and along the Coastline but I believe that this proposal offers our community something truly unique uh and vital in a time of recovery which is has been a long recovery uh the development is not just about adding height for the sake of it there's a lot of public benefit that was discussed today I know that's a hotly debated topic right now um throughout the town and and there's a meeting tomorrow to discuss public benefit but my comment on that and my question would be what is the public benefit that's being offered from the hundreds upon hundreds of vacant Rubble filled Fen off properties right now I think it's all of this much um so I think seat's gone above and beyond and what they're providing uh in exchange for height but I just wanted to point that out that uh although we're discussing public benefit quite a bit there's very little public benefit being offered by properties with no development occurring um the reality is because of the height the strict height restrictions that have existed in in the beach and other very uh regulations very few significant projects have been brought forward to this Council um there should have been we should have reviewed 10 2030 projects of residential mixed use and whatnot but we haven't because uh it's very difficult to make the numbers work um for a project of this size uh and finally I urge the council to consider something very important and that's that times have changed in the wake of the hurricane we must adapt to new realities both in terms of climate res resilience economic recovery and sticking to pre-storm height restrictions in this case it very well may limit our potential to rebuild stronger and better than we did before taller structures might seem like a departure from tradition for the beach but it could be exactly what we need to attract investment and Innovation necessary to restore Fort Meers Beach to its former glory and Beyond that's all thank you right thank thank you Justin star Sherwood and after star is Don Thomas good afternoon my name is star Sherwood yes I've been sworn in pull that pull that mic to us thank you Council for listening to me nice to see you all um I'm here basically to represent the fort Meers Beach Art Association and I'm just really going to talk about the public the public benefit aspect of um the Seagate project as Jim touched on and Matt touched on um we did talk um yesterday and I've been talking to Jim um quite often about it um basically you know I have am also a resident of Fort Meers Beach and the fort Meers Beach Art Association has been on this island since 1950 so we are now in our 73rd year and as you might know our property is right on the corner of dinora and shellmound and we have a very vested interest in what Seagate development is doing there because it does directly affect us and um as you also know our building was devastated by Hurricane Ian and we are a nonprofit organization and we do not have a lot of money so it's a very big if if we will be able to financially rebuild our building that is obviously our goal and we are hoping that we have the same kind of relationship with Seagate that we had with Fran and the Red Coconut who we just absolutely adore so we're hopeful that we can collaborate with seate development and mattt and become um have them and us become part of the community together what we can provide them as far as public benefit is you know there's so many things that older people who come to the island they don't have things to do we provide so many things already as a public benefit to this community as far as workshops and classes and we can teach them about art we are always out in the community we have a Wonder F planer group that paints out on the island all the time um so we can provide things for them as well as hopefully they can provide things for us so with that we think it would be a wonderful relationship um to collaborate to collaborate with segate um but again you know our vision um is of course to rebuild financially we're not sure that we will be able to do that so in the next few months um say a little prayer hoping that things look up for us so thank you Don Thomas and that's the last person I have signed up hi Don Thomas a permanent resident um my husband Brian and I are speaking today well he's not in favor of the Seagate proposal for many reasons the island needs commercial and residential development we need the tax base to help our town infrastructure continue to be successful vibrant and have the means to continue improvements in our community this developer is open to supporting our Island which is evident in their presentation and how they continue to modify it and they have been working with the residents as a community partner their employees have already gotten involved with donating their time with local organizations on the island such as the Women's Club of which I'm the president this is one example of how they are showing they're truly committed to being a partner with Fort Meers Beach and not just a builder after Hurricane char we allowed the buildings where Margaritaville now stands to sit in a dilapitated state for years this complacent attitude cannot be taken now more lots are coming up for sale and we will we will continue to lose residents and Commercial businesses and guests who are visiting because we won't have places for them to stay waiting now is just negligent especially during a time when this island needs to rebuild when we look at the Margaritaville Margaritaville Resort we see a jewel of our Island after the stor St everybody is has been praising it and you think of the hell they went through of just trying to build that building I don't think we need to see that at this time one of the things that continues to come up in social media is the vibe the continu uh commentary is that we're going to lose it this is a Beach town and it always will be a Beach town it's flipflops as you can see and sand the vibe is people it's not buildings people choose to live here for the beach and for the casual attitude and the Surfside feel the elephant in the room is the height of the building at the back of this proposal on the Back Bay Seagate has designed it with different levels so it's not intrusive and if you look at Ocean View that building is a height of 15 stories tall it's not intrusive and when you're driving down a sterile Boulevard it's truly a landmark that tells you you've made it halfway down the beach and maybe you're almost home Diamond Head has 12 stories and it's not intrusive as well public benefit there are so many ideas and I have a couple but it's a tangent I'm confident that Seagate will work together with town to come up with some ideas that everybody feels are beneficial in closing we hope that you vote Yes for this new development thanks that's all I have signed up anyone else good yes sir sorry I'm Tom Brady I've been sworn in um I live at 339 Madison Court and I'm a full-time resident sorry I'm losing my voice um I was going to speak for a long time today but uh I watched the mayor's performance yesterday at speaking with the mayor and he covered all my talking points so he he very well encapsulated it I wish I could enter that all in the record because it was just everything that I thought should be said about this development I am in support of development in in commercial development I want to see it happen and I want to see it happen rapidly on the island one of my concerns is that seate is maximizing their size of their buildings by putting 3,000 foot approximately uh tow houses on here if I lived in in a perfect world they'd put 1500 foot town houses or condos in the island and it would be half the height of this and then everything would be peachy but but you know we push this now and I guess I'm not a fan of the wedding cake idea either I would flatten the thing as much as I could and spread it out and not build it up I do live in the shadow of the building and yes it only happens twice a year and it only happens for a couple hours in the afternoon but I do live in the shadow of the building so it does impact me um so I think that there's we we can proceed with this but I think we could make some tweaks to it in the process and I think mayor act did a great job of saying what those would be um second I'm really concerned about all these references to the finances if we have a financial problem I want the financial manager of the island to tell me of a financial problem I don't want to have a gun held to my head saying we need to approve this development because we're going to go bankrupt are we going to go bankrupt if we don't have this thing build I think it's nonsense and I think that I mean you brought it up mayor is that the even the the money that they said isn't that much I think we're financially viable without a this huge development I hope we are or otherwis we've got bigger problems thank you for listening to me thank you sir anyone else over here first then we'll come back over here um Michael breath and Ellen fure um from habiscus well prior to the storm we're still building back but we consider ourselves residents um mayor vice mayor uh counselors uh thank you for all you do um you know everybody says that we need to think outside of the box and we understand that um things are going to change but even with a transparent local development partner which we seem to have uh we still think that 17 stories is too high that's too far out of the box um think back to why did Fort Meers Beach become its own municipality um so when you look at just how how much higher this is than what would be allowed by W it's hard to say Yes um I see it as limited public benefit when we're talking about water fountains um and there's so much still undefined so we say uh please vote no thank you thank you go back to this side there's some Oh's come on we'll go from the front to the back and we'll just keep switching sides hi Kathy Turner I am a full-time resident of shell Mount Park so I am adjacent to this development process um I'm not in favor to the Seagate home rule development agreement as it's currently presented uh we chose fmbb for the community the development project uh excuse me the the vibe the ability to get around without driving we like the quieter residential neighborhood where we live and we're able to get around easily we've got a fleet of bicycles in our our our garage we we had few more at before Ian our retirement plan in Fort Meers Beach are and were to be the last chapters of our lives so we're watching very carefully as to what's going to happen at Fort Meers Beach uh the proposed seate development is beyond what is available by right the agreement order is conceptual so we really don't know exactly what's going to be built and it really is a very confusing process um yesterday drawings and there's some information but it's annotated in a lot of generalities and up toos um without enough details my specific concerns are the proposal will increase height at over 400% so Four Towers on top of what is available by right uh there's not there is enough property to build lower they could come up with shorter Towers uh but that could con increase the development construction cost and lower the value of the condos by not offering the Towering views of the beach uh the use of dinora as one of the major entrances is my concerned um shell Mount Boulevard during season becomes a thorough fair to bypass the sterile Boulevard for about four or five blocks uh there's traffic stop signs um along that path but everybody just rolls through them and it is a very quiet residential neighborhood with children and and pets so that is a concern uh I would also caution that this residential neighborhood is um construction can occur from 7 to 7 Monday through Saturday so it' be interesting to see how that is affected by the adjacent uh development uh the intensity of the units would definitely affect our infrastructure you know whether we have enough water supply I can tell you right now we've never had enough water supply in the seven years we've been here uh the number of toilets and showers could uh increase three-fold um an offering of a beach actus for the people in Shell Mount Park specifically is no benefit I have two deed Beach accesses um plus we have Connecticut Avenue so a beach access that doesn't have parking or doesn't provide any amenity is not really helpful as vice mayor adol mentioned the one of the my biggest beachfront um amenity would be a public restroom shade think of Newton Park as it was uh we had the stopping places you know going down the beach you had Time Square you had Palm View Avenue you had um junkan new where I we used to stop off Newton Park but that would be definitely a public benefit um finally I don't consider a view corridor to be a public benefit I'm 5 minutes from walking in the sand and that's my destination when I'm in the car I'm not necessarily looking to see what I can I've already seen so um I appreciate your consideration of my input just as an FYI I'm a president of the sterile Island Garden Club I don't necessarily consider the the rendition of the linear Park um I would offer up the uh concept of Street trees and the Garden Club is available to meet with Seagate and I'm happy to provide the our contact information so I thank you very much thank you Kathy this side anyone on this barara come on up oh front good afternoon members of council and staff Jeff um my name is Barbara Hill and I'm a resident of shell Mound Park and I'm a property owner um thank you first for um uh your reappointment to ccab I look forward to continuing to serve the community as your volunteer uh I'm here really today to voice my opposition to the um Seagate proposal for that Red Coconut property and it's by the way really wonderful to see Fran Myers today good to see you um the stated Public public benefit to me does not justify two 17 story condo um or 17 story buildings with 137 condos I do like Seagate projects and I respect the work that they've done with the development in Southwest Florida Matt you that's really a great group that you've got have no issue with the quality of the construction or their Vision I have I really have an issue with the 17 stories to me this is not a good fit for our islands and especially for the mid island of our quiet community neighborhood a real P public benefit cut the units by right by oneir thank you appreciate your no vote thank you bar here come on up hi my name is Mike dagy I live on Shaman Boulevard right next to this place um one thing you guys are doing a great job there's only one problem I'm going to say it first instead of last is the height okay so we have a height plan for a reason they built Diamond Head we built this height plan for that reason now if you're going to turn around and change it and let them get away with a 17 story villing we don't need you you can go away we can go back to Lee County I love you guys I love the beach and I love what we do but if you're going to do this what's the purpose of being here the purpose was to keep the height down to keep our beach beautiful that's one thing okay you know they developed the place they have for a few years he's gone you never see him again so he can probably show the world see you later they built parks in this place the parks and enough for people on the beach they're for his project they're in the back by dinor on the back side they're on the on the beach front there's no parking where do you park to go to any of these parks for them you know now one question how big are the rooms inside the units how many square feet Mike Mike how many square feet is the rooms that you're building you have an answer they're going to come back up after okay what was there was probably 600 square ft that was a truck or truck and a trailer the height was 10t the whole thing was 20 by 30 that was it now you're trying it from what I heard 2,000 square fet okay I live in a 1,000 fot with two bedrooms two baths why do you need 2,000 squ ft or whatever it is that's another thing you Shrunk the rooms down you Shrunk the size down half of it goes away um the view from the Back Bay nobody's seen a Back Bay from that View at all ever unless you walk back there the only way you're going to see the view of the Back Bay from there is if you go up five stories and get up over all the trees and everything else then you'll see it nobody's ever seen it before that's something new that I want to add um this drawings why do they have the little one story buildings in the very back why wouldn't you put the single story houses like on the side of dinor and put the towers in the back or put something taller in the back out of the way you're going to turn around my house I'm not going to have a view of the Sun or the fireworks I'm not going to see anything anymore thank you thank you Mike over here Dennis come good afternoon good afternoon everyone uh my name is Dennis Wagman and I'm with the Alex King group uh real estate company here on the island and it's a pleasure to be here and thank you for uh having us here today um I'm here in strong support of the Seagate project uh for many reasons I want to clear up first of all there's no conflict of interest there's no formal relationship between my profession and seate whatsoever we are peers colleagues and uh people out here on the front lines trying to get things accomplished for the island pardon me speaking about being on the front lines um we're out here I'm out here talking to buyers and sellers of real estate daily other developers daily and there are a number of uh comments that I continue to get questions I continue to get asked again being on the front lines and my little narrow space of what we're all working hard to get accomplished together and that is when's the island coming back when are we going to have developments coming back on the island when are we going to have restaurants if I buy a home here etc etc etc and you know I know everyone's working hard I know there's a lot of varying opinions but the island as we all know is never going to be the same we have to look ahead as the old Shaw Shank Redemption saying is you're either getting busy living or getting busy dying and we need to get busy living here need to get busy living with respect to everyone with respect to everyone let's let's talk about developer very quickly and not just Cate but the entire concept broken down yes they're going to need to make money at the end of their project at the end of their project they're not here for the practice they're not here just to do it for something you have to make money doing that all of the things they're doing as far as public benefit have to be included and calculated in this process that they're going through about whether or not to do this project um I applaud seate for what they're doing the local folks uh I believe the folks that have seate live in Fort Meers correct so they're not going anywhere they're here they're part of our neighbors um the developers that I'm talking to and working with no one's here trying to take advantage of this island take advantage of the people in spite of how hard that might believe for some people to believe many people want to be a part of this island want to develop veler in particular I'm working with right now grew up coming here as a kid he loves this place wants to do the right thing but in order to do that for example we're talking about height I hear a lot about height when we're driving down a stero Boulevard or down Denora we're not looking up we're looking in and we're looking at the ground level so by going up taller you're putting a smaller footprint actually on the property itself thereby giving more viewing corridors more viewing areas so I think that's a very good design that CK's come up with for that particular reason and the density that they're asking for is less than what was there at Red Coconut so I'm not sure the concerns with um infrastructure challenges may be uh may be warranted so I guess that Bell was my time up it was thank you sorry thank you problem yes sir good afternoon my name is Edward Eris smtz my wife and I are full-time residents live on shellmon Boulevard our home was destroyed by Hurricane Ian we decided to build a new home with existing restrictions in place by the town we knew those restrictions to build a new home with all due respect to Matt and Seagate Seagate bought the Red Coconut property knowing the restrict restrictions they had to work within just like we did when we built our home attending to developers on on the island part of an article from Beach talk radio some developers are saying if the town doesn't ease up get with posing times and allow HED to build building they will leave Fort Meers Beach and properties will sit vacant for years not decades I find that statement interesting since a residential property just sold for $11 million on the island if those developers leave the island the vacuum will be filled very quickly with another developer that will stay within the comprehensive plan there's a very big demand for residential and Commercial development on this island let's look at opportunities developers have on Fort Meers beach in my opinion if you were to look at the best opportunities on or near water for development in all of Florida today Fort Meers beach by far would be the best place for development you have the uniqueness of living on a subtropical island with beautiful white sand beaches you have new infrastructure in place already you have an international and private airport 30 minutes away you are near cultural events and arts you have some of the best hospitals doctors and schools around there isn't a lot of prime properties for sale near or on water from Marco Island to Bonita there is a lot of prime property for sale on Fort Meers Beach when red cocin went up for sale Cate was not the only developer looking at that property all developers know what a golden opportunity they have for high rated return for investors by investing in Fort Meers Beach I encourage responsible building of commercial space on the island as long as they stay within the comprehensive plan that is in place pertaining to public benefit developers should present a proposal that stays within the comprehensive plan then show the Town Council and the town residents what they would give for public benefit in order to build on the island not use the public benefit as a bargaining chip to go higher than the restrictions that are in place the town and the residents have already done the heavy lifting putting the infrastructure in place that's an extremely large benefit for developers to be very clear about this to all developers here listening and watching the Town Council and the town residents control the narrative on this not the developers when developers are done and have made High Returns on their Investments for the investors and moved on to another project we have to live with what is built on this island what this council's doing today is historic the last time something that's big has happened was when Fort Meers Beach Incorporated to control the height on the island this Council today will have the ultimate responsibility of forever changing the look of Fort Meers Beach I'm asking along with many residents of Fort Meers Beach to please stay within the comprehensive plan put in place by the town so I'm going on record as a PO to the Seagate buildout proposal thank you for listening thank you anyone else yes sir good afternoon mayor Town Council and staff for the record Chris smutz with lenon Bay Development Group uh owners of the Outrigger Charlie's um s Piper and Grand View at Bay Beach as Fort Meers Beach property owners we encourage you to consider the islandwide econom IC impact of seagate's proposal for the former Red Coconut property large scale projects like this one are key to restarting the economic engine of Fort Meers Beach this project and a handful of others like it not only have an obvious economic impact related to permit fees and impact fees but will also increase property values and property taxes generate additional sales taxes and lead a job creation all of which result in a cascading economic impact for Fort Meers Beach it's been two years since hurricane in and the island is struggling to return to what the thriving Community once was this year's storm season reminds us that major hurricanes will continue which highlight the need to build to current codes including FEMA and FD flood elevations and requirements seagate's proposal is well balanced they offer a variety of public benefits including a public beach access public parks walking path and a public restaurant while also planning a resilient development built for the future by approving this project today you're sending a message that Fort Meers Beach Town Council is committed to rebuilding for future Generations thanks for your consideration thank you Chris anyone else well absolutely come on up I didn't see you back there hi good afternoon I think it's afternoon by now um I don't have anything prepared just oh I'm sorry Fran Meyers and um actually I own 200 denor Street which is right where you come in the back of the park that's my property too so I guess I could be listed under 200 dinor um I I I kind of want wanted to say today about density and intensity I can't tell you I mean you would all be in shock if you knew how much intensity we had in the Red Coconut I know that a lot of you have been in the park but in full season um I had 250 sites and you could say that there maybe was only two on each site that would be 500 people a night but I can tell you there's a whole bunch more than two two a site if I had a double store unit and there were buttons that you push and the RVs just lifted right up in the air um there were places that or RVs that came from Germany that had 30 people in them they were like laying in a little casket um and they were two and three stories and um you not only did these people when they came to bring their units they brought all their toys they brought swimming pools they bought jet skis they bought kayaks I mean you know the whole routine of what they have there might be a tent sitting there that maybe only had one car but then there would be a 45 foot next to it that had 10 people and they had three cars and thanks to the Art Association many times we were such good neighbors that they would let us use even some of their parking um I've been here almost I think in August it'll be 50 years living on the island and I don't think anybody loves it anym than I do and I just want to tell you that when the park became for sale it was really like one of my worst probably my worst nightmares because not only did I have the park for sale but I had Tom in the hospital and trying to keep him from knowing that that storm even went through um and the developers that I met with and I met with a lot of them and I cannot tell you some of the ideas that they brought forward that mentally I just thought there's how could this possibly happen to this little Island and then I met Matt and his father and Tim and I can honestly tell you that this beach is very lucky to have the Seagate Development Group because I can't tell you they're just they're just good people and they're good family people they're family oriented I'm sorry I know I went over my time I also wanted to introduce Pam beastrom I have here who was she's not only my niece but she was my my CEO for over 20 years and um she told me you know you need to tell them how much of density and intensity we used on that property and it was Unreal if you had not been in there during the time that we were there I would say that this Seagate property would be a third less than what we use the property for we used to have the RVs lined all the way down the street I know you all remember that trying to get in there and holding traffic up so you know I think this is a good thing I mean none of us like Towers let's face it none of us love Towers but these are setb and that view corridor is the most important thing I think on this island when we met 25 years ago and got to 15 units per acre for Red Coconut um I remember Anita and her saying we need to have a 50ft corridor I said Nita you're my friend but what 50 feet well how much are these folks giving I don't know 200 300 so I think that's really really important and I think that you all need to really search down deep inside and know what you want for Fort Meers Beach and I think you I think you all pretty much know that so thank you for letting me speak I appreciate being here I haven't been here for two years I'm shocked setting in this unit that you have but I know things will change so good luck to you all and thank you very much for letting me talk thanks for coming Frank good to see welcome anyone else care to speak all right seeing none we'll close public comment and we'll allow the applicants to come back up and good afternoon team glad for the record I just have uh three points in response to what we heard from the public the first is consistency with the comp plan um this concept that we have to stay with the plan um I stand by my previous testimony that we are staying with the plan we are within a Redevelopment area that your comprehensive plan establishes is allowed to have differing Heights uh policy 4c4 states that we can request a deviation to increase the height provided that view corridors to the gulf and the bay are offered as a public benefit and other benefits are considered in the entirety of the project you have my testimony from earlier in the day in the slide presentation showing that we have exceeded the 50ft view corridor that is required by 310 ft and yes we are asking for an additional 205 ft we have walked through how that only occurs on two locations of the towers and everything else is is less than and so we are consistent with policy 4c4 the remaining excuse me public benefits come from your comprehensive plan and are consistent with your community design element the future land use element the conservation element regarding how we interact with the beach and and provide these public recreational spaces and finally your transportation element regarding access to Aereo being limited and quite frankly not providing additional parking because we want people to move via pedestrian and bicycle um so I I want to leave you with that there was a comment that we we need to eliminate our density ask to be very clear we are allowed 15 units to the acre and that is what we are asking for today there is no density increase as part of this project and then with regard to the public facilities we've had the conversation I I understand your point Mr Mayor and we will work on that language but facilities are available should additional um infrastructure needs be necessary pump stations or whatever regarding the pressure we will absolutely have to handle that the language in the development agreement addresses that whether it's an impact fee or offsite mitigation and we will take care of that um with regard to restrooms and Parks yep you want to take that sure um so um I appreciate everyone's comment I really do um there are some people in this audience that have been coming to every meeting that I've had and have been against the project and still are um I can't get everyone on my side but I appreciate their comments and and certainly um I understand that not everyone is going to be for this uh when it pertains to the two comments we talked about before I am okay with some kind of language that the developer and town um uh and I don't know how to say this the right way so I'll look for my team and and and staff to to go through this but to get away from that roundabout turn around I'm okay trying to put a park there only a park there and we can try to do access off as long as we're allowed to so if we want to put it as a preference language or something to that effect that we'll try to get that approved without the turnaround in again that could also be fire as well we talked about so that's just going to be something we're going to need to talk about but it is our preference and it sounds like uh it is the preference Council that that not be there so we'll do everything we can to do that as it pertains to restrooms um that has been a comment that I have heard over and over um and it's complicated because of FEMA rules Etc what I've talked about with my team is that we're okay with putting public restrooms in after Co of at least one of the buildings I need to have some way to be able to control it so until we actually have building and stuff I can't do it in a building area obviously and I can't do it in construction area and before I have a structure up it's going to be really hard to to lineate but after a CEO of the building um we would provide the public restrooms in a portable way uh we will work with staff and uh the D if possible we're not really sure there's going to be a d permit we're going to have to get water and uh maybe sewer to it there are some ways the only thing that I ask is that if by chance FEMA comes up with another Rule and we've all been through this I spent $150,000 putting a trailer then I'm not allowed to bring back and I know others have gone through this as well if FEMA does make a rule or something that this makes this impossible I just don't want to be penalized for trying so um if it's within the rule and we're allowed to do it I will put in the development agreement to do it we can work on the wording if and when we get to a second reading to get it in front of you um vice mayor it was a good point it was really hard to figure out a way to do this but I think if we craft language that makes it a temporary structure and allowable um I can live with that and I can do that and we'll will'll maintain it so it won't be a maintenance issue for the town'll be on us we're going to want to maintain it anyway the last thing I want is for that to look like some of the public restrooms out there obviously we'll do the best we can to keep it within line of our project but I understand how important it is and hearing it over and over we're going to try to make that work as part of our uh submitt so I will agree to make that change with staff and the uh attorneys working together to craft the language that gives me the ability to agree to it because again I don't want to agree is something I can't provide legally so I look for feedback on that I appreciate that M I know this is a small item but could would you also agree with the stipulation to be included that we have a drinking fountain as part of the park as described before yes um one of the things that we talked about is H um a drinking fountain would be would be fine to maror yes thank you any other questions for Matt address the address your vehicle access questions that you had feel good with it your I appreciate that Council King I'm good all right thanks all right all right with that we will now close the public hearing and request a discussion or a motion from Town Council to approve approve with conditions deny with reasons or a continuance to a Time certain discussion or a motion Mr Mayor yes sir uh I have a motion I don't want to preempt comment ments but people could certainly comment after the motion uh what I'm about to say is premised with the stipulation that all the matters discussed and agreed to today with the council as well as the suggestions of the LPA that were voiced last week are codified into the proposal for second reading which we will consider next Monday this is a rare opportunity that extends from the Gulf to the Bay it is a unique it's a rare property that extends from the Gulf to the Bay it's also unique in that it is 10 acres that allows for some innovative solutions we have before us a proposal that certainly doesn't please everyone and I have nothing but respect for those dissenters but it is a proposal that attempts to be responsive to the various needs and priorities of the town we have made tremendous progress in the last two years although I believe the town government has done a good job the primary reason for our progress has been the indefatigable Spirit of the people of this island with the recent setbacks of Hurricane Helen and Milton we need to maintain our momentum and our sense of urgency about our postan rebuild or we will stagnate if I could quote a couple former US presidents this is a time for choosing we can't let the perfect be the enemy of the good for this reason in the aftermath of the destruction of hurricane Ian and in the post environment in which we now live I believe this project is in the public interest therefore I move that ordinance 2434 and any language that the town attorney advises me to add on to that be adopted approved uh for second reading on November the 4th as stated by the town attorney I'll second it got a motion by uh vice mayor edal seconded by councelor King discussion counc Stafford I I don't know what much more Matt can do um I I think we've negotiated well I think it's a a great benefit for for the town I think we're going to move forward as vice mayor said um you know ladies and gentlemen they he's not increasing density at all I mean they could the next developer could come in and ask for the moon 325 hotel rooms creating a nightmare in traffic this is a a beautiful project I I I think it falls in line with our comprehensive plan I I know people are height ADV first but I live right next to Ocean Harbor and it doesn't bother me in the least bit and I I think we need to all move forward and we need to move forward together counc Woodson any comments um just that you know I'll say it again I'm so appreciative of how you were you Matt andc gate and your team were willing to listen to the comments from not only residents but from LPA you made your adjustments you've moved quickly you're going to make more adjustments um and that above all is so important that we always have those lines of communication open and we're willing to agree to disagree or if we think something is moving down the wrong path you're willing to take a look at it I mean that's all we can possibly ask for um I so appreciate Fran you coming in and speaking I mean you had so much time owning that property and I personally believe it's so important that whatever happens there has your blessing and I know it does and so that's all I have to say okay thank you councelor K any comments I got a few um I love history and uh that's probably why I got interested in government um I wasn't here 30 years ago or 31 or in 1995 I'll say it that way um the vote uh to incorporate took place in July there were 4,179 registered voters out of that only 2918 cast their ballots I don't know if it was because in July that that occurred or not the these St statistics come from the election office by the way uh there were 1515 who voted to approve there were 1341 that voted to reject incorporation it won by 174 votes that's not an overwhelming majority as a matter of fact 62% voted no or they chose not to vote at all this issue continues I think to divide the island uh and I think there's no consistency in those that oppose these things there are some on the North End that don't care what happens on the south end and I probably it could be vice versa as well um if height was why the Town Incorporated um why did they put openings in the Land Development code and the comprehensive plan that allows these kind of uh uh deviations so uh even santel has decided to increase their height after after Hurricane Ian I know um I understand completely not in my backyard uh while it's not on the same magnitude I bought on the south end um right next to Big Carlos Pass Bridge it wasn't disclosed to me at that time that they were going to be replacing that bridge and now it's gone up 60 ft and closer to my property and as a matter of fact um folks will be seeing it in their bedroom windows at night when the the bridge traffic comes over that that new bridge um it seems like the county took into consideration the boers more than they did property owners and there was even inconsistency on this island as to whether they supported it or not because you had some on the council that uh were in favor of keeping the old bridge or uh refiguring that instead of going up higher so I understand why it's for the greater good so we we adapt and we'll move on um I don't want the I I I've heard the comparisons so we don't want it to be Miami but I don't want it to be Mexico Beach either or Matt leche um my hometown began as a fort and thank God there were people that adapted and changed because I would not have done well in a log cabin um as far as Financial viability I that's still a concern with me but as I've told you before last week um our family business got wiped out by a uh semi-trailer truck and and we struggled uh to try and do some of the things that we had done before um my family hurt financially to just to get back into that business because that was the only thing my dad knew how to do so Financial viability is still going to be a concern to mine and I think this island obviously has become uh better off than what it was but that's because of a state infusion of cash I think watching the LPA meeting last week uh Jim said it best for me when he talked about uh with his financial background um that lack of financial stability is what we've been managing here and a permanent investment with the long-term financial implications is what this uh Island needs and it's not going to be 10 to 15 developments U because the capital is not there and it's and and so um I will be supporting this all right thank you well I'll just say a few words um you know I think we're we're fortunate in a lot of ways we're fortunate that we had Fran and her family who were the initial Gatekeepers of that land for so long and were very thoughtful in who they decided to sell to because as she said she had many people that came forward that she could have sold to but she chose Seagate and she chose them for a reason as she said um I think we're fortunate that Seagate has been as open and honest as they have been from the beginning willing to adapt uh the changing of their plans to meet as many possible things that they've heard from the public as they could um I think we're fortunate that they're still staying in the game because this is a very difficult process being the development agreement we're fortunate for a lot of a lot of reasons um this project has been has kept me up many many nights because I've struggled with it for many many reasons and and how I come to my decision when I do and I hadn't really come to a decision one way or another because I think hearing what we heard today has been very important um um but with that I have to remember why why I'm sitting here and that is to uphold what the vision and the goals of the comprehensive plan and Land Development code are as they are written now I agree with Tina that there is room for Ability I think seates project is a tremendous project I think they've as I said I don't want to repeat it but I think it needs repeating that they have gone above and beyond in my opinion to do it the right way um and continue to do it the right way that being said I I don't know and someone very wiser much wiser than me told me a long time ago when you make decisions when you're sitting up here at the DI you have to do them that knowing that you're doing what you feel is in the best interest and and that you can sleep at night and although I completely support seate and I completely support their vision and I think this project is tremendously close to being exactly what this island needs I don't know that it fully meets the intention of the comprehensive plan in lend makot at this time um so for that reason I won't support the project as it's proposed but I will say that um I'm certainly not want to to stand in the way of it I respect the decision of my fellow council members that will move on to it sounds like the second reading um and if I know the seate team as I think I've come to know them over the last year and a half they will take comments made from me and my fellow council members and the other public the other public members and they will tweak it even a little bit more before the second reading um but it's for those reasons that I don't feel that it is uh completely in line with the way the comp and Land Development code are currently written um that I won't be supporting the project as is proposed at this time so with that we'll take a roll call vote Mr may can I just have interject one last thing um you know my dis chalky background I love music I love listening to Tunes I was sitting on in the a rare time sitting on the beach our Beach uh on Saturday with my wife and I had my earbuds in and Dave Mason came on and uh I I think he just kind of paraphrases it best for me that uh I hope going forward the folks on this island that uh remember there are no good guys there are no bad guys We Just Disagree and I hope we can move forward uh and and be polite and and and considerate to each other as as we do move forward so thank you for that yeah I think there's there's no white hats and black hats in the cowboy world but uh well said and and uh we'll go ahead and go to the roll call vote and and I didn't say it but I wanted there's no specific reason whether it be uh public benefit or what they're proposing as far as he there's no specific reason other than the project for me in a in a whole does not fully meet what I think the comprehensive plan and Land Development code um as it's currently written it doesn't it doesn't meet it doesn't meet that goal in my opinion um so with that vice mayor hi councelor King hi counc Safford hi councelor woodon hi and Mar I'm I'm Unown we'll see you in a week all right we're GNA take a brief break 10 minutes and then we'll come back and finish the rest e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e back to order it is 147 before we move on we've got one person left in the audience who's been so diligently waiting till the end of the meeting it does anyone have any objection to moving up the town attorney's items to address the question on the ebic no objection none none none none okay then we can you address the yes thank you we'll take the vote if we need to vote so um the uh when was it on the 21st um you all had before you an application uh for the Estero Island Beach Club um petition and uh that item was was uh denied um and after that meeting uh we did receive a letter from the attorney for uh the I'll just call him the property owner um expressing to you A U request to have a rehearing of that particular matter um what I wanted to share with you today is that um not getting into the merits of the request itself but a rehearing in and of itself is a two-step process the first step is whether or not you even want to entertain it um as far as schedule a date and then at the second uh the date that you schedule you actually discuss the merits of of rehearing the matter itself and the reason for that is to provide um notice to everyone who may have an interest in that particular project which was of interest to the entire Community um so I just wanted to uh to bring that to your attention um in view of not causing additional delay um because I'm sure you've read the letter the letter is about um the fact that you did vote to deny it but there is a presumption in your code that if you vote to deny it without voting to deny it without prejudice it's automatically with prejudice which means they would have to sit out for a whole year before they come back with a different proposal so the request for the rehearing is to clarify only that matter there will not be additional fact-based testimony before you um it would really be just more clarifying what what you intended when you voted to deny it um and again I just wanted to say it's a two-step process um I think it would be fine for you today in this public hearing or a public meeting to go ahead and provide direction as far as scheduling and then there would be notice going to uh Property Owners as best as we could um I think Andy had already considered possibly having before you um on November the 4th is that GNA be enough time Andy for you think staff to be able or do you want to wait till the second meeting of November that's that would be it' be a Community Development notification you we we would want to at least send out postcards um and if we send out postcards today I don't know that most people receive them in time so the second meeting in November okay and again it's just to not re necessarily the entire just to clarify just to clarify your denial yes um I also want to point out to you that your code provides for that however your code also has a 30-day period for appeal and so they still have that right within the 30-day period so they're going to you're going to be hearing um potential uh rehearing on the 18th and then their 30 days whatever they decide to do it doesn't toll their ability to later appeal your decision if they wanted to okay so you just need direction from us or an actual vote I think a vote would be appropriate it's a vote on scheduling the matter okay is there a motion to approve scheduling the ebic matter for the November 18th Town council meeting so moved all right moing by councelor King I'll second second by councelor Woodson any further discussion all those in favor signify by saying I I opposed hearing then okay thank you all right thanks for being so patient thank you guys appreciate it take care all right we're back to public hearings we are on to item D this is a second reading and final public hearing on proposed ordinance 24-26 entitled an ordinance of the town of Fort Meers Beach Florida amending number one table 34-2 titled use use subgroups permitted in each zoning District in chapter 34 article 3 division 2 to amend the allowed subgroups for the CB zoning district from the limit from limited to open for the lodging office and Retail use groups number two the Land Development code subdivision 5 CB zoning District found in chapter 34 article 3 division 5 Redevelopment zoning District to place limitations on new outdoor dining and outdoor entertainment uses providing for severability codification scri reserves conflicts of Law and providing an effective date good morning Sarah propes with Community develop good afternoon did you say morning or evening not evening yet um so the language that you have before you is to amend the CB zoning ordinance to allow uses that were only allowed previously under the code if they'd been on that property before so the way this opens up the code is it will now CB zoning District uh which consists of approximately 35 properties on the island all of them fronted on a stero Boulevard except for there's one that's just off of a stero Boulevard but still in that first block um and it would make it open for residential lodging office and Retail uh it does not change the setback requirements and it does not change the uh F requirements so it's not as intense as uh for example the downtown zoning District District okay um do you have any questions about the language in front of you or what that means uh C second and this is a second hearing by the way yeah I'm good counc W I'm good with matter yeah I think we exhausted this on first reading I'm good councelor King good I'm good as well fantastic thank you thank you uh public comment is there anyone here that would like to speak in public comment Chad NOP we close public comment and bring it back to council for a discussion or a motion any further discussion is there a motion to I'll move ordinance 24-26 CB zoning District Amendment I'll second all right motion by councelor King seconded by councelor Stafford any further discussion councelor King hi counc saff hi counc Woodson hi vice mayor ad hi May I motion carries unanimously next is item e this is the second reading and final public hearing on proposed ordinance 24-30 entitled an ordinance of the town of Fort Meers Beach Florida amending number one division three unsafe building abatement code of article one property maintenance codes and two division two Lee County Boards of adjustment and appeals of article two building codes of chapter six maintenance codes building codes and Coastal regulations of the Land Development code of the town of Fort Mar Beach Florida to amend existing Provisions related to appeals of the building officials decisions divesting the Lee County Construction Board of adjustment and appeals of the responsibility for review of appeals of the Town building officials decisions including but not limited to determination of an unsafe building authorize the town of Fort Meers Beach special magistrate to hear appeals of the town's building official decisions providing for codification severability scrutin erors conflicts of Law and an effective date this is the one that staff has asked for us to continue that is correct um we just need a little bit more time to respond to some emails that have been received from uh members of the public and uh at uh since we've opened the public hearing on this matter if you could continue it to a date certain we would ask for November the 18th um and we would bring it back for hopefully the second reading or with whatever changes or additional information we come up with okay we'll since we open the hearing is there anyone here in public comments that would like to speak seeing none we will close it is there a motion to approve to continue to continue I'm sorry this hearing until November 18th for the second reading correct so moved second motion by councelor King seconded by councelor Safford any further discussion councelor King hi councelor Safford hi counc Woodson hi vice mayor and I'm an i as well motion carries unanimously next is item G this is the second reading and final public hearing of proposed ordinance 24-17 and ordinance of the town of Fort me's Beach Florida amending section 2- 94 qualifications and appointments of members and section 2- 96 removal of agency board committee or commission members of division two procedures for the establishment of boards committees and commissions of article four boards com commissions committees and other agencies of chapter 2 Administration in section 34 113 composition appointment and compensation of members of division three local planning agency of Article 2 zoning procedures of chapter 34 zoning districts designed standards and non-conformities of the code of ordinances of the town of Fort Meers Beach Florida removing property ownership is a qualification requirement for the members of the Town agency boards committees or commissions and adding a voting registration requirement for members of the local planning agency and audit committee eliminating duplicative and un enforceable language adding a provision to section 34-13 regarding the mandatory annual Financial disclosure form as required by the Florida Commission of ethics on ethics providing for codification severability scrutinies erors conflicts of Law and an effective date so this ordinance is um before you on second reading um following a number of changes that have been made over series of public meetings hearings um the only change from your first reading has been the addition in the qualification section uh to allow individuals who have a fort Meers Beach postal cord code to also be qualified to serve um in the capacity on one of your committees or boards okay Scott any questions for Nancy no I think we cleared it up all right y councelor Woodson I'm good Mar and not germine to this issue but related Are We There were Rumors in the media that we're having a a revote on one of the murf issues is that happening next meeting or is that not happening did you did you see that there was a we're we're going to review that a little bit further I think that um it's possible that it could be on your agenda for uh for the fourth I haven't I haven't reviewed it yet it hasn't come to my to my level all right thank you I have no have no issues with this okay counc K I have nothing I do not either is there a motion for ordinance 24-17 is there public comment oh public comment I'm sorry public comment anyone Chad going once going twice okay we will close public comment I'll move ordinance 24-17 thereor all right second motion by councelor King seconded by councelor Woodson any further discussion counc King hi counc Woodson hi counc Safford hi Vice M hi and I'm an i as well the motion carries unanimously we are on to item H this is a r short one this is a resolution of the town of Fort Meers Beach Florida amending sections two and five of the town's policies and procedures manual to make it consistent with eligibility requirements for members of the town's agencies boards committees and commissions and to update ref update reference to required Financial disclosure forms and providing for an effective date so this is the um amendment to your existing policies and procedures that make it consistent with the changes that you just adopted in the ordinance questions for NY C Safford uh page 409 still says form six why is that hold on I don't know page 409 yep you're correct I'll make that change I okay thank you please anything else nope I'm good counc Woodson good Vice M nothing counc King I think I'm good I have nothing as well public comment anyone like to speak a public comment no one's here mayor I'll move resolution 24178 okay motion by councelor King second seconded by councelor Woodson any further discussion councelor King hi Woodson hi counc Safford hi vice mayor and I'm an i as well that motion carries unanimous next is item I this is the second reading and final public hearing on proposed ordinance 24-31 entitled in ordinance of the town of Fort Meers Beach Florida amending sections 4.02 mayor 4.03 vice mayor 5.01 elections and 5.03 terms of office of Fort Meers Beach Town Charter to codify changes to the date of the Town elections from March to November and to establish fouryear terms of office for Town Council Members as provided by the voters at the mar March 202 March 2020 municipal election provided for codification severability scri reserves conflicts of Law and an effective date so this um ordinance again on second reading um has we determined uh working with the town clerk that um your Charter although it had been approved for a change by the voters was not actually changed in the charter itself so um these the proposed changes were had been approved by the electorate back in 2020 um and we are now just finally getting into your code okay questions for Nancy Safford no I'm good counc wood good Vice May nothing K it's nice that we'll have this done by the second uh by the election coming up details details all right public comment anyone wish to speak in public comment no one's here we'll close public comment is there a motion ordinance 24-31 so moov motion by councelor King second second by councelor Safford any further discussion councelor King I councelor Safford hi councelor Woodson hi Mar i n i as well that motion carries unanimously next is our final uh public hearing item J this is the second reading and final public hearing on proposed ordinance 24-32 entitled an ordinance of the town of Fort Myers Beach Florida amending section two of ordinance 20 2005-04 to reflect the changes to the town Charter for approved by the town voters at the municipal election on March 17 2020 providing for a codification separability scri reserves conflicts of Law and an effective date so initially um ordinance 504 had November in it and then it changed to March and so now we're bringing it back to November um and that was for I believe the appointment of or the selection of the um is it the vice mayor mayor both do you know what page number I don't know what page number we're on but it would be both so pursuant to um the election cycle then it would have been the selection of individuals to serve 56 thank you that's where it starts yes um we are just basically um switching back the language um it's on 459 where it shows marched back to November there you go um so it's basically um section 403 of your Charter says um at the first regularly scheduled meeting following the town's regular election the Town Council by majority vote shall elect from among its memberships a vice mayor who shall serve as mayor during the absence or disability of the mayor and if a vacancy occurs shall become interim mayor pursuant to section 4.08 of this Charter and what the ordinance did was it stated non-election years the election of the mayor and vice mayor shall be at the first regularly scheduled meeting back in ' 05 it said in November and then it was changed to March and now we're going back to November so it's really it's housekeeping just cleaning it up got it um fair enough okay all right any questions counc stord no counc Woodson none counc Vice May no counc King no I do not either public comment public comment have public now hey we have public to make comment com no com we close public comment is there a motion for ordinance 24-32 so moved motion by councelor Safford second second by concer Woodson any further discussion concer Safford hi concer Woodford Woodford that would be wood Sun I meant I can't read it could Waterford and I I motion curies unanimously no he had it right with [Laughter] Woodford I was going to reserve judgment but don't even go there all right we are on to our administrative agenda the first item is a resolution of the Town Council of the town of Fort Meers Beach Florida approving during approving during the American sand sculpting championships from 3 p.m. Wednesday November 20th 2024 to 8:00 p.m. Sunday November 24th 2024 1 open containers of alcohol public areas as provided in ordinance 16-3 section 22-g and two waving the standard vehicle permit fee for vehicles on the sand three waving the fee for the use of Bayside Veterans Park four directing non enforcement of the noise ordinance section number five waving parking fees along Old s Carlos from 1st to Third Street of approximately 21 spaces and providing for an effective dat Town manager uh Miss lisac is in the audience and she can speak to this more intelligently than I hey good afternoon uh Jackie lak Fort Mars Beach Chamber of Commerce presenting the 34th annual American sand sculpting Championship back from a four-year Hiatus two years of Co two years ofan so um we're super excited to bring this event back it was a little it was a little bit uh sketchy there for a while but given that uh Treasure Island canceled their event which is the same weekend as ours and given that the crystal classic which is sesta key say they are go but they're still not quite sure yet we really felt it was important to bring this event back to have it here and to get folks back to the beach and provide our Island something to celebrate so being that that said we do ask respectfully ask for the items listed uh in addition a little assistance from town staff which I've discussed with the town manager as far as just putting the barricades up on uh first and on I'm sorry Second Street to change it to a two-way from a oneway and on Third Street from a two-way to a oneway just for those four days uh questions did I miss what's going on in Bayside Park yes so we will have live music there all weekend from Thursday till Sunday from 10:00 a.m. to from sorry from noon till 5:00 p.m. there will be vendors lining uh Old St Carlos Boulevard from 1st to 3dr Street very similar to what was done with the shrimp fest what we've done in years past with um Taste of the beach Pirate Fest all of those things so exactly exactly that just trying to activate that area and trying to encourage getting folks to move out not only to the Diamond Head site where sand sculpting will be but to move down the beach and explore other parts of the beach uh one of the things that that we've always said is when sand sculpting was held on the south end it was it's a lovely it was an amazing event down there but folks tended to not spread out what we're trying to do is encourage spreading out along the boulevard along the beach and engaging other businesses and allowing for folks to kind of Park in more areas stay in more areas and be able to enjoy the event so great thanks May Jackie since you have the microphone I I believe you you'd mentioned a number of folks who in the private sector have already stepped up to help and I thought since a lot of folks watch this it might be nice to recognize them I think you mentioned somebody was donating this sand or you I'll let you take it from there yeah so we have our title sponsor is Florida Power and Light so they took the uh Gran Kahuna sponsorship thank you to them for that that helps to kick this event off this event is a very very expensive event to get out of the gate hundreds of thousands of dollars before you even get ticket one coming through the gate so the partners and the sponsors are critical to this uh of course our host is Diamond Head hotel are presenting uh partner sand lovers the sand lovers the chamber and diamond head are the three presenting Partners title sponsor fpnl and then we have a number of other sponsors uh going below us Seagate has offered to donate all of the sand that we needed to build the additional castles it is the same exact sand that we used in our burn project the same exact sand not the current burn project the one from before and the same mine uh that's been used by different hotels up and down the beach uh for Reen nourishment of their own beaches for bmms and plantings and things like that so it is uh identical literally identical to our sand that's on the beach the fine pretty powdery white sand and just for you guys out there that don't know for some reason our sand just is conducive to making these really super tall uh sand sculptures 10 feet 12 feet 15 feet high for whatever reason the way the sand particles are shaped is what I'm told they just hold together beautifully and uh kind of a fun fact uh rain does not hurt the sand castles in fact sun and wind are its are its biggest enemies so you know a little bit of rain on them doesn't hurt either so it's kind of kind of a cool thing so um I could go through the list I'm trying to think in my head all the different folks who have stepped up but we have a lot of different sponsors and different levels if anyone's interested please reach out to us and we are updating FMB Sands sculpting.com with all of those sponsors as they come online Jackie uh one of my first Entre into the Civic world of Fort Meers Beach was as a volunteer to the sand castle competition it was well how for folks who might be watching how can they get involved are you looking for volunteers and how how should they approach yeah absolutely so we're going to need about 100 volunteers a day for the event um actually right before I left the office to come here I was working on our signup genius that link will be out later on today on FMB sanss sculpting.com you can pick your day and your shift and when you get to the event then you'll be assigned your your place depending on what we need for that particular day it's a lot of fun you get a free t-shirt you get a free lunch for the day you get a ticket to come back I asked Scott's parking assistant and he was a tremendous a tremend she was a tremendous mentor to me so I appreciate that so true easy deal I had to drive the buggies and load all that stuff up every year you know how to do things that's phase two yeah I'm just a I'm just a laborer I don't have any skills I know yeah so so the folks that know we have vendors out on the sand as well we're hoping to have about 60 vendors out there and because you can't drive their cars or Vans or whatever onto the sand we have to load everything onto cotas and then drive them out to each of their spaces in the morning help them get set up and then at the end of every day we get load them out and then we load them in the next day and then we load them out so it's a lot of lot of moving Parts but we definitely need a lot of help on that and it was announced that seminol casino will be hosting our volunteer thank you party after the event is over they send buses out to pick us up take us out to semal casino you get free drinks you get free food some free gambling and it's a super fun night so that's another I know what driving we're on a bus you're you're on a bus you're not driving so there's the good news so it's just another J went through the roof yeah yeah right another Benny for being a volunteer so hopefully you can come out and join us and uh if you can sponsor that would be great as well we will have an event guide so that that will kind of help lead folks along as well all right question are you guys are you GNA do the evening thing again we are going to have on uh Wednesday evening the pink shell uh Hotel and Resort is going to be sponsoring a meet the sculptor event it's free to attend you get some free appies and a free drink and we encourage the uh the community to come out residents guests visitors businesses come out and meet these masters of the sand I mean these folks are truly truly artists and Craftsmen and you get to have some one-on-one time with them and ask them about what they're going to do or what you know what their inspiration is and you know a lot of them are past winners this is the American championship this is for the whole country and we have folks coming from all over the world for this it's an Invitational only but we will have an amateur op opportunity on Saturday if some amateur sculptur are out there yeah I'm hearing that Frankie is signing up to build an amateur sculpture so I'm waiting for that application haven't seen it yet though did your mic did your mic cut out or did you say appy appy application oh for eating appetizers for eating app in divor all right happy for eating and happy for application there got it did the other s sculpting um get canceled the one in Treasure Island did yeah that was the same weekend as ours so uh that one is definitely not happening uh we're waiting to hear from about Crystal classic they say it's going forward just you know that's going to be a heavy lift for them I hope they manage to get it get it done but I think they're the week or two after us just as a note there's certain staff members that have entered contest before that were rigged and we did not so I think we're just going to this one out you referring to Chile think they're referring to Chile we're not talking about anything not Point fing nothing to see here nothing to see you Let It Go Frankie Let It Go someone's got to be last Frankie just deal with it yeah councelor King any questions none Jackie yeah thanks Mr Mayor I have to recuse myself from the vote okay given that uh is that because you're head of the parking lot operations that's it yeah it's because he also when he wins at the auctions or the ticket Raffles that we do he has to give the prize back so just you know fun thank you can we add as part of the motion who has to be the head Shera this time since he can't have a vote in you you do have to pass a driving test so there are very strict rules about driving those cotas because they can shake the sand castles and knock them down and we have had a volunteer in the past do that yeah R into it no he just went by too fast and the Rumblings from it going by toppled the crown on a castle oh my gosh sounds good there thank you Jackie there's no more questions is there a motion for resolution 24-27 I'll pass uh I guess yeah I'll pass on passing I'll move the passage motion by counc King second by counc Woodson any further discussion do you want a roll call or okay councelor King hi councelor Woodson hi councelor Safford I recused myself oh that's right never mind you're recused and Vice May hi and I'm and I motion carries four to nothing with councelor Safford accusing himself next is item this is a resolution of the Town Council the town of Fort Meers Beach Florida authorizing the town manager to sign an amendment to the bridge loan agreement and promissary note between the town and the State of Florida department Department of Commerce to extend the maturity date of the existing loan to May of May 8th 2033 and providing for an effective date Joe or Andy well just as you said this is to approve an amendment to the bridge loan that extends the um due date from June 30th 2024 all the way to May 8th 2033 so it's roughly um to a 10-year term and since it is changing the term of the original loan it requires Town Council approval okay questions for Joe coun sapper no C W no VI Mar hi sorry I got distracted again uh no questions C King none I do not have any is is there a motion for resolution 24213 so moved second motion by councelor Stafford seconded by councelor King any further discussion councelor Stafford I councelor King I counc Woodson I Vice may I there you go and I'm and I as well motion carries unanimous next is item C this is a resolution of the Town Council of the town of Fort Meers Beach Florida ratifying the town manager's approval of amendment number one to agreement number LW 738 with the Florida Department environmental protection for the receip of gr funding for outdoor recreation facilities as part of the Bay Oaks Campus development project to extend to completion date to extend to complete to extend the completion date to August 31st 2025 and the grant expiration date to December 31st 2025 and providing an effective date Joe okay this is the $1 million grant that also requires a $1 million match um for the the Bay Oaks um project it would have ex um expired at the end of this year but because of all all the um difficulties we had with hurricane Ian and the effort on first of all recovering from that the efforts to um pursue this this project were just on delay and now this is an opportunity to extend it and take advantage of that um that grant for another year and the grant the project would need to be completed by August 31st and of 2025 and then the grant itself expires December 31st 2025 and just um in case you may be forgetting this is for a new multisport field um which include soccer baseball softball football Little League Outdoor Fitness and Community engagement events there's four pickle ball courts a loop trail four picnic areas playground two batting cages a parking lot sidewalks Landscaping renovate the baseball court and two tennis courts so that list although um all of those things have to be completed by August um 31st in order to receive the $1 million um reimbursement from the granting agency and then there's also a $1 million um match that the Town Council had already approved um earlier this year which is coming from the arpa funds okay questions for Joe counc saff not at this time counc Woodson I'm good vice mayor council King none I good as well is there a motion to approve what is it resolution 24-22 24-28 so moved second motion by counc Woodson seconded by councelor Safford any further discussion councelor Woodson hi counc Safford hi Vice May hi counc K I have an i as well motion carries unanimously next is item D this is a resolution of the Town Council of town of Fort Meers Beach Florida ratifying action by the town manager on September 23rd 2024 to wave the town's competitive procurement policy and approving a new contract with softrim LLC to continue providing remote Information Technology support services and software licensing and to add full-time on-site support for a total annual amount of $191,700 for a two-year term as an emergency emergency purchase approving and amended to the softrim contract containing required terms and conditions under Florida law and providing an effective date okay uh this occurred when we lost our um employee who vated the position that we had an on-site um support service for information technology and so in order um to continue operations without um any issues we had to turn to softr since they're already familiar with us and they were already providing um remote support services and they were able to provide an on-site person for actually less than we were paying um for a staff person so it's it's all within the budget and this was just because it had to be done as an emergency it's now Coming to Town Council to be ratified okay perfect questions for Joe CC saff not at this time counc Woodson none r m councelor King can you just reemphasize that we're actually saving money then yes we are saving money I mean it's not a lot of money but we are saving money I think it's 90 some thousand it's a little over 11,000 a year is 11,000 is what it is yes I'll take your word for it I did put it in here but I can't quite find it right now but yes thank you it's roughly that amount okay let's see I think it's right here we can give you the exact number if you really want I do see it it's $1,069 you okay thank you Joe is there a motion to approve resolution 24-21 so moved second councelor Woodson seconded by councelor King any further discussion councelor Woodson hi counc King hi uh councelor Safford hi vice mayor ADH and I'm on I as well that motion carries unanimously next is item e it is a resolution of the Town Council of the town of Fort Meers Beach Florida ratifying action of the Town taken September 27th 2024 under the emergency procurement policy to contract with IC materials Inc to take an emergency protective measures to remove hazards to the public health and safety from the beach and providing for an effective date Joe uh this because it was another emergency purchase related to um hurricane response um it needs to come before the the Town Council for approval okay and this was just for cleaning up the beach was this Helen an Milton or just fine hey morning or afternoon everyone Chad shoots uh environmental staff so this is just for Helen um clearing the roads uh removing hazards from the beach um the pile that you see at Bay Oaks is all the sand that uh was cleared from the stero Boulevard following Helen and the pile that you have at the Old Town Hall is all the Milton sand and still growing so we we will be coming back with another um ratify another contract for the Post Milton as well as sand sifting yeah just one cck quick clarification again not necessarily Germain to this contract but for folks who as I understand it maybe we could talk about this afterwards but but I as I understand it the that because the the cleanup efforts uh are are federally funded uh the the we we can't pick up commercial condo uh uh debris but with respect to sand you'll you'll take any sand from anyone in ter including condos and Commercial is that correct uh yes sir so um we're still working on uh whether or not sand that's put in or near the RightWay uh that might be uh reimbursable by by FEMA paa but if it's on private property uh f is not going to that yes sir so Anyone who puts the sand out again trying to keep it as clean as possible it will be picked up yeah please keep the asphalt out keep glass bottles out um keep sandbags out um all those things you can't really filter out asphalt and glass uh as easily it's just a thing and then the sandbags tend to uh clog up the screener so those out as well thank you any other questions for Chad thank you sir is there a motion to approve resolution 24-22 so move second motion by councelor King seconded by councelor saff any further discussion councelor King all counc zapper hi counc Woodson hi vice mayor and I'm and I as well that motion carries unanimously next is item F this is a resolution of the town of Fort Myers Beach approving a second amendment to an agreement between the town of Fort Myers Beach and access infrastructure LLC to extend the term of the Professional Services agreement for ongoing miscellaneous Professional Services to September 30th 2025 by the exercise of the second of the two-year renewal options authorizing the mayor to sign the amendment and the town manag to expend budget funds providing for sever and providing for an effective date mayor this is so we can keep Sarah employed and engaged in coming down here to help us Sarah wave to everybody all is all for Sarah in case you guys don't know me I'm Sarah um we we do have other staff that are also work off site though they all see all right questions for Andy anyone all right is there a motion to approve resolution ution 24- 219 so moved motion by councelor Woodson second second by councelor Stafford any further discussion councelor Woodson hi counc Safford hi counc King hi vice mayor adle and I an I as well that brings us to our last administrative agenda this is a resolution of the Town Council of the town of Fort Myers Beach Florida waving the proh prohibition of membership of multiple boards or committees under section 2-98 of article 4 of Town's code of ordinances and providing an effective date ncy is this you um it doesn't matter um so at your October 21st meeting um you appointed a number of individuals to various committees and boards and a question came up uh whether it was okay to have them serve on one or two boards um I didn't know the answer right off hand we did the research yes you uh they can serve on one or more boards if you wave the prohibition and that's found in section 2-98 of your code of ordinances and uh working with the town clerk staff they put together the exhibit a to the resolution which shows the individuals who uh serve on multiple uh committees actually left one off but there are four individuals it says that but it left off Ed skover who also serves on the Anchorage advisor committee and Bor as well would you like me to read the names than um first on up would be Barbara Hill she's on borab and cell cab Jennifer Rusk is on Anchorage and uh murf Ed skover is on anage and borab and Betty Simpson is on borab and cell cab they would all need the waiver okay do we have to approve individually or can we approve it globally is there I think you can approve the resolution which has the exhibit a that has the the four individuals the exhibit a is on um 678 676 I just have one question though are I think in the past we've always limited it to two is that still the case or is that addressed in here at all I don't think it's addressed um I believe that the code just says U more than one that you have the opportunity to wave it so if somebody wants to serve on three committees I think that's um your choice okay anything else no just a question all right mayor I'll move resolution 24220 all right and motion by councelor King is there a second second second by councelor Safford any further discussion councelor King hi councelor Safford hi councelor Woodson hi Vice Mayo hi and I'm and I as well that brings us to final public comment there's no one here unlessa would like to say a few words you sure okay we will close public com Town manager items thank you mayor uh vice mayor council I'll try to be brief I got a few things uh we're working to get the 7-Eleven property closed working with the attorney on that one thing we're going to do we're going to need to replace the I believe all the trees in Time Square we're going to put coconut palms we'll keep them trimmed but they seem to be the ones that are the most resilient to so much salt water um we we we just feel like that's the best route and so Jeff's going to be getting some price ing on that um debris pickup continues got got a little slow start excuse me once we got two dual type trucks in here these guys started moving pretty quick and as of yesterday they had gotten 208 loads uh eight 8500 cubic yards so they really continue to work and continue to move forward in getting the town cleaned up be a couple of passes we talked a little bit about picking up uh commercial or condos I wrote around yesterday you don't see a lot at the condos along a stero I didn't go into Bay Beach so I haven't been in there to see but there's one condo just beyond Bay Beach they've seem to put the whole downstairs out so we'll need to address that as as uh with code enforcement to see what uh what needs to happen there but we will continue to pick things up and continue to do the cleanup as we are allowed to um as far as FEMA reimbursement we do have some options out there should we decide to to go with uh waste management and just have the town pay for that there's we would probably get monitors we'd probably try to get it reimbursed but there's a chance we wouldn't so we need to just kind of continue to discuss that and I'll speak to you individually about that as we continue into this week and see where we get with our our haulers before you jump off that subject if you're going to move on there I did speak to someone from Bay Beach yesterday and there was some confusion because after Ian the state came in and they talked about you and debris clean up if you sign up they'll come and do it so a lot of their condo presidents were saying advising them to put their stuff out to the curb before they got the message that that's no longer going to be acceptable so right the sooner we can get the information out to them whether or not we're going to be able to pick it up or not right B better okay we will absolutely um we do have the election next Tuesday it's hard to believe it's here already but we will continue at Bay Oaks uh shouldn't be any any interference in there we're under generator power the floor's been cleaned up and picked up so unless there's anything that didn't so you claiming there'll be no election interference there is that what you're saying I am claiming that of the things that are in my control there will be no election interference at this location thank you for clarifying that sir um just can we get that out there again just through Nico that it's going to be at the gymnasium and we'll try to make sure we have all of our staff parked further away down toward the school since school's not being occupied now so just for folks who might be listening where should they Park if they're going to vote at boks just anywhere between right around here in town hall just any space you find we will have staff like I said move further down to make sure they're parking down either towards the school or or just further but there are parking spots close to baby sorry B HS there will be some Ada accessible parking spaces behind it um and also we'll try to clear out as much as possible to try to keep it we'll have our our our staff Out There Our Rangers to kind of help a little bit with with traffic control should that need arise um also um there's a time change this Sunday so in case anybody forgotten yeah coming up on the third yep um I I councelor Woodson did allude to it earlier and mentioned the the uh table entreat that happened at Margaritaville that was very uh uh well organized it was a last minute thing and I come in Margaritaville and and I worked with uh Mary torguson to get that started and she worked with Jeff and our staff but it came together really nice I thought it was really good Dan was there as well he he saw you know a lot of a lot of kids showed up it was more than I I really thought would show up so it was really good to see a very successful evening uh also we will be making plans to have our swearing in for the newly elected officials U at the new town hall in some capacity or some way we'll just figure out the time and the date Amy and I be working on that uh the next few days to get that scheduled I would imagine sometime next week or the I don't know when that's done so we'll have to make sure we get it accomplished as soon as we can after the election that's all I have okay we already I did my report I'm fine you're good no other items all right then we have council member items and reports uh councelor Safford I'm good thank you councilor Woodson I have one question so tomorrow is LPA has a special meeting to discuss public benefits what is P public benefit so my question is what happens after that meeting what are the next steps do we have a joint meeting has anything been discussed about what we're doing about that or what happens they called it last Tuesday so I wasn't in there when they called it so I don't have all the details I would yield to Sarah or Judith I uh let me help Sarah because I just ran into Jim Dunlop before he left and I think he's going to be leading that discussion along with the chair and I believe their goal is to then to make recommendations to the council they may call for a joint meeting I don't know but I think that's yet to be determined I think it depends how things go tomorrow okay yeah okay I was just curious that's all I had okay vice mayor uh two just two quick things just an update uh got some bad news on the uh Chapel By the Sea stinged glass window The Entity that's in charge of uh delegating the assets of the church which does not include any uh residents of Fort Meers Beach or members of Chapel By the Sea unfortunately decided to go a different direction on that that stained glass window and they're going to be uh they're going to be exhibiting it in a church off Island in Fort Meyers so unfortunately that that that is a noo um and second of all just a question uh not not a criticism just a question uh Mr Town manager have you had any contact with our friends at Lee County they did such a wonderful job in clearing the the the serious sand off the off a stero Boulevard to help us uh get resume our lives but I noticed that there's still significant sand on the sidewalks and the bike Lanes on a stero Boulevard and just didn't know if you'd heard of any timetable for that kind of a cleanup I have not uh we have a meeting uh on Wednesday but I'll give Dave a call this afternoon and reach out to him see if he can't get his street sweeper out and and get it cleaned up we've also purchased our own sidewalk sweeper that we've been getting out there a little bit too we've got a really nice we need to take some pictures of Nicole and get those out there so people can see our guy we mainly it was with the funds from TDC and and it's really a nice self-contained air conditioned unit a nice decal on it we all the decals on yes sir I already used it a couple of times and we we will get it out there and use help do as much as we can do but the street would have to probably be with the county but I'll reach out to Dave Warner when does the mayor get to drive that he doesn't dang I was just gonna ask that he doesn't that's all I've got concert k um just quickly where are we on the impact fee study do we have an update I do not but I can get you on for the next meeting thank you that's it that's it um I have two quick things one we just got an email of some good news from uh London rotunda he is the aid for Senate Senator Rubio's office we will be receiving 1,231 25742 in federal funding FEMA for specific Beach accesses so Moby mats that we talked about garbage cans things like that so there have been questions from people when we were going to be able to do that uh we've talked about we were waiting on funding well it sounds like we'll will be receiving that we've got notification that we'll be receiving that don't know exactly when but we just got that email during the meeting today so that's good news um the other thing I had is I've you know over the weekend I ran into a couple people two were residents and two were non-residents that were just coming back from golfing and they were on the North End of the island and they were giving credit to staff and and the councel for how well we were doing and and they said unfortunately this is probably going to be the last time and we're going to be up here on the North End of the island until after season because we're going to go to Bonita we're going to go to um Naples because we're not GNA wait in that traffic and it it got me thinking is how can we how can we not let that happen how can we keep people here that want to stay here and want to spend money here so I just had a random idea that I ran by the town manager and I told him I'd bring it up today who he's also talked to Chad briefly about it but we don't want to go too far down a rabbit hole until we get consensus from Council to at least look into it see what it would look like and I had the idea of we're outside of turtle season how can we use the beach to benefit traffic and to keep people from leaving the island and spending money elsewhere so I grew up in the midwest we always did Hay Wagon rides so is there a way we could get some covered wagons that have Beach tires work with our existing vendors now that daylight savings is coming in they will be dark about the time people want to come to the North End and spend some money um is there a way that we could use these wagons and are already Beach vendors who have tractors that are not going to be renting jet skis to run a couple of these up and down the islands you know for a few hours every day to just during season to be allow able to pick them up on the beach say south end of the island and you know below the mean high water line and bring them to the North End and vice versa so you could go up to the beach access jump on this wagon takes you to North End for dinner you C hop back on it and you head back south it again it's outside of turtle season I did do some research I'll be happy to show shirt with the town clerk if she wants to send it out to you guys to take a look at it the wagons are fairly inexpensive I have talked to a couple of the beach vendors who are all on board with with wanting to be able to do it there's a there's a picture kind of of it so it's got a it's got a cover that goes on it so it's very low to the ground you can climb on climb off um the beach vendors would operate it for us so we could haven't had a chance to talk to Joe but potential funding could come from either the Overflow from short-term rentals and or um the parking Revenue because we've had a discussion about not sure where to allocate those funds quite yet so if it's something that could come from one of those type of funds that is being so this Pro program will be funded by visitors that pay into those funds I think that could be a win-win for everybody but I just thought it would be an interesting outside the box idea to try to get people off the roads and keep them on the islands to to frequent the businesses when seate opens or not seate but uh Santini Plaza people that want to go down and use that down there it'll allow them to go down without adding to the traffic so it was just an idea if you guys think it's something worth investigating I'll work with Tom staff to get it out there get some hardcore you know pricing th those they're about 10 10 11,000 to purchase those with delivery so anywhere from four to eight week delivery time depending on how fast we' want to pull the trigger to be able to do it now there's a good picture of it right there um we'll put that out so people can see it I'm sure Nicole people ising fil it is yes sir so I just thought it would be something interesting you could have it come down the sides and something to think outside the box make it work but everybody's okay with it I'll move forward with stff Mr may just so you know there there's possible TDC funding for this as well possible I mean there's a lot of different ways that it could be funded um but as I said our beach vendors are very excited at least the couple I've talked to about you know they're down 70% so anything they could do to maybe earn a little bit of income um they already know what the rules and regulations are for being on the beach and have good context with chat already so I think it' be kind of something fun interesting different unique that we could do to think outside the box so if everybody's okay with it we'll move forward with get some more information and bring it back well thank you for thinking outside the box and getting on the wagon with your Woodford Reserve we'll call one Woodford Reserve and then Woodford Reserve Woodford that's all that's all that I have yeah it has to be Ry thank you um that's all that I have so there's nothing else is there a motion to could I before you before you adjourn um I am thinking I'll keep it short um I am thinking about doing a public Outreach opportunity at one of the town events um are we doing the Christmas tree lighting or a Christmas parade something like that I'd like to do public Outreach there to get people who maybe don't normally show up to meetings and get input on because we're going to be moving forward with changes with the LDC and the comprehensive plan I think it would just be a good opportunity to sort of catch people in in out of the meeting surrounding um because you do get different input at those those opportunities oh I think that I mean I don't know what specific event you're looking for but I think the Women's Club is doing their Christmas Tree Festival at be's gym cheater so it'll already be here where people will be coming I don't know if that we room full of cheaters there but it's okay participants participant just for the chili cook just the CH C participants yeah what about sand sculpting or that too that's actually really well how many how many people are going to be actually local and how many people are going to be cuz I'd really like to do sort of a local event it sounds like you're you're going to have 100 volunteers a day and they're not all the same people and always I mean there there are going to be people that aren't on the beach but if I'm sure you could talk to Jackie do both of them I mean is it a problem to do both you just want to do one timing wise it may be difficult to do both um because it does take a lot of sort of organization to set them up um but I'll I'll talk with with Andy and Frankie and and take in the whole all of the options and see what might work best okay I just wanted to make sure that everybody thought that was a good idea and maybe something absolutely y I think it's great idea thank you all right now counc move to a turnour all right there a second second motion by councelor King second by Council Safford all those in favor signified by saying I