All right. Good morning, everyone. We're going to call this meeting to order. It is 9:03. Uh it is Monday, November 17th. All council members are present. Town manager, deputy town manager, town attorney, and town clerk. If you please rise for the invocation followed by the
pledge of allegiance. As we gather this day for our council meeting, we take a moment to reflect with gratitude and purpose in the spirit of the coming holiday season. May we be reminded of the kindness, generosity, and sense of unity this time of year inspires. We extend our thanks to Karen
and wish her well as she moves on to new endeavors. We also offer a warm welcome to Rebecca whose perspective and commitment will contribute to the important work ahead. May our discussions today be guided by clarity and a shared dedication to the well-being of all who call our island
home. Amen. >> Amen. >> Amen. >> I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and
justice for all. All right, our next item is the acceptance of the certified election results. Um, town attorney has informed me that we are going to have public comment for these two items. Uh, we're going to do them both at the same time. Same rules apply. Three minutes. Um,
please remember there's a lot of people here, so please remember to be respectful. Um, with that, we will start with public comment. Madam clerk. >> Sure. Um, I have Terry Schubert and Steve Antonucci signed up that say
recall. Um, and then I have Steve Johnson. That's all I have. >> But we'll also have our normal public comment. So, if you want to speak at the public comment for these two items, you can speak now. And you can also speak at the public comment at the normal time as well. So, if there's anyone that would like to come up and speak during public
comment. Yes, sir. Come on up. >> Are you sure? right here at the >> very gratifying be able to speak. >> Make sure that button's on if just identify yourself for us. So that one's got the button. Never mind. >> It's working. >> You're good. Is it working? >> Yes, sir. >> Okay, you can all hear me.
>> Terry Schubert, Fort Myers Beach resident, bought on the beach back in 1982. very pleased as a former educator, remember my civics classes in high school where you talked about a representative democracy where people represented you
that you did not vote for everything. You had people that represented your opinions. Well, it's nice to see that at the town level, we have people that represented us and they did not do what we asked them to do or did not represent us as the way we wanted them to with the
laws that we have and the zoning ordinances and so forth that we have in our town. So, it'll be nice to see the two new people, like I said, two new people take over on our board. And hopefully they will not take advantage of the situation and fill
their pockets like the previous people have done. And >> and now we have now we have two people and hopefully they will represent us like the rest. So >> the party's over. >> It's time for you to please leave.
>> All right. Thank you. >> Thank you. >> Enough. >> No, please. No clapping. Come on. Let's keep the order. We can. We're all adults here. Let's just get through this. >> Um, Steve Antonucci. Then I have Steve Johnson after. >> Good morning.
>> Good morning. I'm uh Steve Antinachi, Fort Myers Beach resident for 30 years. just like to say that I was part of the recall committee and uh knocked on hundreds of doors, talked to hundreds of
people and they were very sincere in their feelings that uh these two people were not uh representative of the feelings of uh Fort Myers Beach uh residents
and uh their actions and are um in their words. So, I just like to say that it it's uh when when we've been accused of running a scam and a sham,
it's not true. Those people knew exactly what they were voting for when they voted when they signed the petitions and when they voted. Thank you. >> Thank you. Anyone else? Who would you have after that?
>> Steve Johnson. >> Oh, didn't see him. >> Hi, Steve Johnson, Fort Myers Beach resident. Uh, I'm here today really to just talk to to Mr. King um about the processes that have occurred over the last really 6 months. Um,
there were actually 700 individual petition signers uh signed petitions for this recall process, which is a a considerable amount. So, it's really not it's not There isn't a technicality surrounding this. Um it's really it's it's it's not about you, it's about the
process. Um however, there were a number of things along the way um that that were troublesome. First, there was the emergency resolution to ask the rest of the board to to vote for your your legal expenses uh for for the purported
defenses. Uh then there was the the uh voting to not qualify candidates. Again, a stumbling block here to this this uh the whole process. Um, and then the position of recall is a vendetta. It just isn't fair. I think the electorate has spoken. Uh, all of the check marks
have been uh been accomplished and uh because there's a technicality hanging out there. I don't think it's fair that that uh that you continue to sit in the seat and and to represent uh the electorate. I think they've come out uh in a landslide and a mandate to suggest
otherwise. Um, also the, you know, the involvement of packs was real troublesome. Uh, to be provided with the top political consultant in the state, uh, along with the pack money for those self-interests is not what this town is about. I mean, who's seen an election like this? Uh, I've only been here 15 16
years, but it just it just doesn't seem right. It's not our homegrown uh democracy in action. So, I just feel it's still an injustice to remain in that seat. um we can't uh you're not representing the the electorate and consequently your votes certainly don't either and there are some important
votes coming up. There's a comp plan update um and uh from from I feel like the community perspective uh we'd prefer to have a new voice. So thank you. >> Thank you. Who else share? >> That's all I have signed up.
>> Is there anyone else that hasn't signed up that would like to speak during this public comment? All right. Seeing none, we'll close that public comment. This is our first resolution. This is resolution 25-322. This is the certification of results of the November 4th, 2025 recall election.
This is a resolution of the town town council of town of Fort Myers Beach, Florida, accepting the certified results of the November 4th, 2025 recall election from the Lee County Canvasing Board, staying the public results of the recall election as to Council Member John King and recalling Council Member
Karen Woodson and providing for an effective date. Is there a motion or discussion on this resolution? I'll make a motion to approve resolution 25-322. I'll second that. >> Motion by Mayor Allers, seconded by
Council Member Safford. Any further discussion? Uh I am an I. Councilman Safford. >> I council Council Member Woodson. >> Can she vote? Can she not vote? >> She she has a conflict. So she >> Oh, she can't. Okay. She's not voting. >> Vice Mayor.
>> I motion carries uh three to zero with Councelor King and uh Woodson abstaining. Next is >> May I ask point of inquiry? Um, councelor King, you are abstaining based on conflict or
>> I guess that was decided for me. >> I thought that's what you >> um Well, I mean, the the judge has said that the election results shall be made public, but the uh remainder of that shall be stayed.
>> So, the results have been made public. So I would vote I then >> you could vote I >> then I will vote I. >> Thank you. >> Okay. Well it will it passes >> four to >> four to zero. Okay. >> With council Woodson abstaining. Next is
the second item resolution 25-323. This is certification of the results of election to fill vacant seats. This is a resolution of the town council of the town Fort Myers Beach, Florida, accepting the certified results of the November 4th, 2025 election of Rebecca Link to fill the vacant seat resulting
from the recall election of council member Karen Woodson and providing for an effective date. Providing an effective date. I will make a motion to approve that. >> I'll second. >> Seconded by councelor Safford. Any further discussion?
Uh I'm an I. Councelor Safford. Uh, councelor Vice Mayor Adol I. >> Councelor King, >> I. >> Motion carries four to zero with councelor Woodson abstaining. At this time, Karen would like to say a few words. So, Council Member, >> thank you.
So, my fellow council man members, town manager, deputy town manager, town attorney, all of the town staff, friends, and members of the community. This morning, as we certify the recall election results, the outcome is clear.
Although the recall was baseless, the vote voters have spoken. I stand before you disappointed that my service to this community has come to an end, but even more so, I'm filled with gratitude and pride in what we have accomplished since
Hurricane Ian. First, thank you each and every one of you who stood by me through this long, ill-founded, and often exhausting process. You volunteered. You made calls. You donated. You showed up at
meetings. You had conversations with your neighbors. And you defended the truth even when it wasn't easy. Your support has meant the world to me. I have always believed that leadership is not about holding a title. It's about
values. This recall was rooted in misinformation and political opportunism, but we met it with integrity, facts, and hope. I'm proud of that. I'm proud of the campaign we ran. Positive, forward-looking, grounded in
truth, honesty, and service. And even though today marks the end of my time in office, it does not mark the end of my commitment to those values or to the people of this community who want a better life. To those who vote us against the recall,
thank you for your trust and support. A healthy community requires open dialogue, and I hope in time we can continue those conversations without the cloud of political maneuvering hanging above them. As I step aside, I do so with a full
heart, knowing that I gave everything I had to this role. I'm confident that the foundations we build together, fairness, transparency, compassion, and willingness to listen, will continue to shape the future.
And remember this, an election does not decide our character. A recall does not define our community. We define those things through our actions, our choices, and the way we treat one another. Fort Myers Beach is my home. I will
continue to serve, to advocate, and to fight for the well-being of our businesses and community in every way I can. My role has changed, but my commitment has not. Thank you for believing in me. Thank you
for standing with me, and thank you for reminding me every step of the way why public service is an honor. Let's continue moving forward. Thank you. >> All right. We're going to take we're going to take
a brief five minute break to let Karen's going to leave. So five minutes All right, we're going to call the meeting back to order. Our next item of business is the inauguration. This is an o oath of office, swearing in of Rebecca Link as town of Fort Myers Beach Council
member. Rebecca, come on up. >> What's that? I'd say just go right here in the front. It's her day. Wherever she would like to go. This, you know, this is this is the first real inauguration at a at an actual disas if you remember since pre pre this is you'll be the
first one that's actually >> I think you and I both were via zoom. So >> it went off again. >> Amy, it's off again. >> You will feel raise your right hand. Put your left hand on the Bible. Okay. And repeat after me.
>> I will >> I do solemnly swear that I will support >> I do solemnly swear that I will support >> protect and defend the Constitution >> protect and defend the Constitution >> and government of the United States and
the State of Florida >> government of the United States and the State of Florida. that I am duly qualified to hold office >> that I am duly qualified to hold office >> under the constitution of the state >> under the constitution of the state >> and that I will well and faithfully
perform the duties of Fort Myers Beach Town Council >> and that I will well and faithfully perform the duties of Fort Myers Beach Town Council >> on which I am about to enter. So help me God. >> on which I am about to enter. So help me God. >> Thank you.
>> Thank you Amy. Welcome Can you get her logged in? >> Can you get her logged into the screen? Oh, you got an agenda. >> I have everything. >> Do you want it pulled up on the Do you want it pulled up on the screen? >> On boarding. So, they're not ready.
>> Okay. Okay. >> All right. Welcome aboard. >> I thank you. >> All right. Our next item is the reorganization of council of newly elected officials. Uh, as vice mayor has appropriately said, the most awkward
five minutes in uh in in any meeting we have. This is a selection of the mayor and vice mayor pursuant to section 4.02 and 4.03 of the town of Fort Myers Beach Charter. Uh we will start with the mayor. Is there any nominations for the seat of of mayor?
>> Mr. Mayor, it's my honor to reappoint you or nominate you as mayor of Fort Myers Beach. >> Mayor, do you accept the nomination? >> Uh yes, I do. >> Okay. >> Is there any other nominations? All those in favor favor of the
nomination signify by saying I I >> opposed. Hearing none that motion carries unanimously. Next is the uh vice mayor. Is there is there a uh recommendation or an appointment nomination for vice mayor?
Well, I guess I will be the one that does it. Um I'll be as brief as I can with this. This is a uh situation that I thought never would come, but here we are. Um I was I was elected to this position and
and put in as the mayor and and to make hard decisions and I guess I'll be the one that makes the nomination. Um, I took an oath just like you did, Rebecca, a few, you know, a few years ago to to well, years ago, twice to to to uh to to
do what was in the best interest of those that elected me. And I believe at this time um where we are at and I think where we're going, I would make the nomination of of council member Safford. >> Council member, do you accept the nomination? I do.
>> Are there any other nominations for the vice mayor position? Hearing none. All those in favor signify by saying I. >> I. >> I. >> Opposed. >> Hearing none. That motion carries unanimously. Uh we will take just a brief minute to
do we need to reorganize or move seats or just move does it matter >> at this point? >> I don't think so. Do does it say vice mayor? >> Yes. >> So can we move that one thing? Just move the >> Yeah, if that's okay.
>> Unless Scott, do you want to sit next to the mayor? >> I like sitting next to you. >> Do Well, do Am I supposed to? Doesn't matter to me. >> It doesn't matter. >> It's not necessary. >> Yeah, I've got my computer set up. Let's meet. That's fine. Okay.
>> Was it something I said? >> Something you >> Yeah, right. I got my or that. Yeah. Yeah. I forgot about the computers. All right. Next is the approval of the final agenda. There are a few things that are going to be changing. We have a walk-on a resolution for FPL. We will add that
to administrative agenda H item H if everyone is okay with that. And then uh we also have the two the two advisory committee the public safety and anchorage advisory committee are not here. However, Jennifer Rusk is from
MURF. So, she will be speaking uh under advisory committees. Uh and then also there's been a I don't know will if you've had a chance to talk to staff, but there's been an a suggestion or a question if we could move the comp plan amendment to the next
meeting and still meet our deadline to allow LPA members more time to to review before we take an final adoption. believe that we can uh it just is going to make that uh once approved on the first we have to move quickly uh to get
it in but that's that's the feedback I have now I don't have a definitive answer >> so it can be done or can't be done >> Jason why don't you go ahead Jason and Eddie can address that >> yeah uh Jason Green community development um yes right we could adopt
on December 1st is the deadline that we have to >> September 1st we could >> adopted our first agenda item to allow you to do what you need to do. Should it be adopted >> if if it gets moved to the meeting on the first? >> Yes. >> If it was one of the first agenda items
that we had tackled to allow you time to still get it submitted to the state if it was >> we we have se we have time after that adoption. It's just the hearing of the adoption has to be done by the December 1st. >> Okay. >> I mean obviously our preference would be to present some today and discuss it and maybe that's the intro to moving it to
the first. Um but I don't that's up to you guys if you want to do that or not. What's the What's the will of the board here as far as the council as far as uh >> moving it to the December 1st? >> Uh Scott, >> I really think we need the LPA. I I
mean, we've all been so busy the last year. I I think we need to get some fresh eyes on it and get their input and uh you know, have some conversations. >> They don't pass it that day. Rebecca, >> I'm glad that you brought it up, mayor, because I was going to ask the same if
that we hold off on it. >> Okay. But >> can't say vice mayor. >> I'm fine waiting until December 1st. >> John 121 is good for me. >> Okay. So then we'll move that. >> Yes, sir. >> Yes. So that conversation that Scott
just brought up is a little bit different than what we just were having. So did I hear LPA input on that before? I don't know that there's time for it to go back to the LPA at this point, is there? I mean, they the request was to relook at it and offer suggestions via email. >> So, the LPA, if I'm if I may, I
apologize. Um, the LPA has already found um has given comment on this. So, this would just be any additional comment that you would be asking the LPA for just as you would for comments from members of the public before you make
your decision on second reading. >> Okay. Yeah, I'm not asking for an official meeting, but okay. You know, we we received an email yesterday that was well thought out and had some had some concerns >> and uh you know, if we can get some more people involved and some more ideas, I
think that would benefit the entire community. >> Yeah, I think it it gives Rebecca, Council Member Link some time to go over it. You may or may not have been paying that close attention, but it' give you some time to review it as well. >> I would like to say, mayor, thank you. Um, I have gone over it and there were
some areas of concern for me as well and Okay. >> I'd like to have the public maybe have a little more input. >> Very well. >> Mr. Mayor, if I can just make a point and Amy, if I can get a clarification that the next scheduled LPA meeting is until December 16th. Okay. So, we would
need to call for a special >> Well, I don't think it's going to go back to the LPA meeting. Is it? >> If if they want to discuss it. >> Well, if yes, they cannot discuss um among themselves. They need to do that in the public. Um, but we could request that they schedule a special meeting as
Will suggested um before your meeting on the 1st. >> Jim, you're the only one here. You you okay with >> Okay. Thank you, Jim. >> Yeah. Eddie >> Mayor, uh uh council members, if I could just uh in other cities what uh what
have um for second reading um you're not required to go back to the LPA. So, you have two options here. First option is that uh as town attorney suggest to provide for the uh a special uh duly notice meeting. So depending on what
your dual notice uh uh is you can provide for that. The other way that the other uh uh uh cities uh municipalities have done so is instead of having a meeting request that the LPA review individually and provide their comment as part of the public comments record to
the coun the mayor and council by a certain date and include that as part of the public hearing process. Uh we will I do have to note that if you do not take action on December 1st, you start back at square one. You have to go through the entire process again. though the
timeline is very tight. In addition, because you may want or desire changes, if you not have a conversation to let me know what changes you want, they will have to be done during that meeting because you do have to advertise this
uh uh uh this move to December 1st with all the documents within the uh confine of the public hearing laws and the time frame therein. >> Okay. Well, I I certainly think it would be best to go back before the LPA. That way public can have comment.
>> So there there is a third option which I think Jason Green may have alluded to is that you could you could have your hearing today on the second reading, have discussion, continue your second reading to December the 15th, and then
allow for a special meeting by the U. LPA prior to um their adoption. >> Uh respectfully, Madam Attorney, um you could begin today and uh the council can have a continuing, but it should
December 1st. >> It should adopt by December 1st. >> I'm sorry. I agree with you, but allowing the LPA to have that special meeting. I think that um the two options that have been provided, I I agree that those are both options. Um, however, I
will note that just asking for individual comments from LPA members would really not give them the opportunity to discuss that collegially as a body, uh, which they may want to do. However, I also want to add just for
your consideration that should you hear the presentation from staff today as a second reading and then choose to continue it to December the 1st for a final vote, the LPA then would also have had benefit of your thoughts and
concerns uh when they have their special meeting assuming that that can be scheduled. So, there's a couple different options you have. Well, I would be in favor of just sending it back to the LPA, let them comment. I I
for your your sake, your time, I I would I if we're going to discuss it, then we might as well go through. But I think it's important to go back and let the public have their comment through the LPA. Then they also have their comments when they come in to speak to us. That would be my preference, but I'm open to for my fellow council members to see what they
>> how they feel about it. >> That's fine. >> Council King, >> fine. >> Vice Mayor. Yes. >> Would you prefer Stafford? All right. Then so would that be item that's that's items
F and then would that also be G? >> So we would I would recommend strongly because this is a very important ordinance um that we go ahead and uh open the public hearing as it appears on the agenda with a motion made to
continue it to December the 1st. Okay. >> So that way the notification is is documented that it is proper >> and that's just for item F. Correct. >> Excuse me. >> FG is certified recovery.
>> Yes, it is F. Correct. >> Okay. So we will move F up to the 4 A to be able to open it and then close it >> with U continuing it to a time certain a date certain December 1st. >> Yeah. Especially with uh with
Thanksgiving around the corner, you want to make sure that that doesn't impune upon your noticing. Sometimes that does affect other communities when you have those specific uh holidays are are in your notification time period. though that probably the smartest move.
>> I have every confidence the staff will be able to handle it. >> And in the event that the LPA cannot get a quorum uh for a special meeting, it would still come back to you on December 1st so we can hit that deadline.
>> All right. Are there any other changes to the agenda? I know that was a lot. Seeing none, is there a motion to approve the agenda as amended? >> So moved. >> Second. >> A motion by councelor King. Seconded by Vice Mayor Safford. Any further discussion? All those in favor signify
by saying I. >> I. >> Opposed. Hearing. None. That motion carries unanimously. Next is public comment. Madam clerk. >> I have nobody signed up currently. >> Would anyone like to speak in public comment? Yeah. Come on up. Good morning.
>> Good morning. Terry Kaine, 50-year resident of Fort Myers Beach. First, I would like to say congratulations to Rebecca Link and Tom Brady and thank you very much for being part of our recall effort. I really appreciate appreciate your time and for stepping up. I stood
before this council last year a few times and asked you to read and listen. The biggest part of your job is to listen. Listen to the residents who filled town hall rooms. Listen to emails. Listen to the businesses. It's
your job to listen. And then compromise for the greater good of the community. You did not listen. Your job is not to make your mind up before you sit down at a meeting. Your job is to make decisions on what you think and it's your job is not to make decisions on what you think
is right or wrong. Sometimes if you do your job right, it may not align with your personal feelings. It's not supposed to. Your job is to listen to everyone before and during a meeting. The recall came about because you had a community that was not being listened
to. I asked you to read, reread, comprehend, and digest the Fort Myers Beach Winning Comprehensive Plan and Land Development Code. I don't think you listened. You blamed Hurricane Ian, then Helen, then Milton. The comprehensive
plan was written as a vision for the future without hurricanes and with hurricanes because after all, we are an island community. Our buildings were getting older. We knew growth was in the future. No one was or is against responsible growth. You had an
award-winning comprehensive plan, a blueprint already at your fingertips to help with the tough decisions. You didn't listen. Do I sound mad and frustrated? You bet I am because you chose not to listen. We had to go through a recall to make you listen to
what this community had to say. Today, you present a comprehensive plan with a vision up to 2045. Please listen. Fort Myers Beach is a barrier island community. Our economic engine is supported by our natural resources. If you don't think so, ask
the workers on this beach how they do during fish kills and algae blooms. Please consult, please. I'm begging today. I begged last year. I'm begging again. Please consult the original comprehensive plan. You have gutted, remember those words. I used them in
emails last year. You have gutted the comprehensive plan. I wrote them to an I said that before. the element of the plan so severely that you gut it to put in for the 2045 comprehensive plan was
responded to by the South Florida Water Management District. And I quote from your exhibit A on page five, the conservation goals, objectives, and policies are lacking in substantive conservation policies and strategies
throughout. Not my words. Southwest Florida management on comments on your comprehensive plan. This was not the vision of our community 25 years ago. And I do not believe it's the voters's visions today. >> Need you to wrap it up, please. >> I know. I know. Oh, I've got 15 seconds.
Okay. >> Are you listening? Do we really want to know be known as the community lacking in substantive conservation policies and strategies? Are you tired of listening to public comment from me? Well, I was at the joint meeting of the LPA and a nice gentleman from the LPA, don't know your name, sorry, brought up the lack of
the environmental conservation policies in the plan. You did not listen. I suggest the plan be tabled for the moment as it allows time. By this, I mean I hope you have a workshop with the community. >> Appreciate your comments. >> Please listen. >> Thank you.
>> Anyone else? >> Is there anyone else like to speak at public comment? Yes, sir. Terry Schubert, I just have one comment. >> Please pull the mic up so we can hear you. Pardon me. >> Just pull it up. It's harder to hear over there. There you go. That works, too. >> I'm a little bit taller than the last
person. All right. Um, when I moved to the beach in 2018, I could ride my bike to the dentist's office, to the doctor's office, to get my haircut, so many different things. and all these businesses are now gone. You know, we don't have a doctor on the island. We
don't have a dentist on the island any longer. U we do have some place we can get a haircut, but I'm just wondering what can we do as a community to try to attract businesses to come back? Um Dr. Dr. Alman, she went over to Ponita and now she's leaving. I believe she's going
to to Tampa. Um, is there anything the Chamber of Commerce can do to attract more businesses to our comm back to the island for? Um, I'm just concerned that to go to different professionals, you have to
leave the island now and before you could just walk over or go over to them. They were established on our island. So, it would be nice to have them start coming back. Thank you. >> Thank you.
Anyone else? Seeing none, we'll close public comment. Next, we have a presentation, strategic planning, an update on the strategic plan. Come on. Definitely much shorter than he was. Okay, if we could bring up the
PowerPoint, please, that would be great. Is he working on it? >> Well, good morning, uh, Angela Christ. Uh, I'm the director of the Florida Institute of Government at the University of South Florida in Tampa. So, uh, thank you so much, um, for
giving us this opportunity to speak to you. Uh, also online, who couldn't be here today, um, as I like to say is our partner in crime, uh, with St. Petersburg College Collaborative Labs, Tina Fischer. So, um I just want to
briefly um walk through with you uh what I want to cover today. Uh part of it is really sharing with you uh what has happened. Uh our methodology, our project plan, uh reviewing data that's been collected to date, uh there will be
a call to action for you. uh and then next steps. So just very briefly um we started this process in January um of 2025. Uh you guys have had a lot of transition uh
over the course of that time. Um and so from uh obviously new council members to uh new town leadership to new staff. And so I just want you to remember that as I kind of go through some of the data that you've gone through a lot of transition.
So phase one of our process um is really a process for gathering and collecting data and there's uh several different ways that we were able to do this. Um so we met with the town council uh and did a kickoff retreat. Uh many of you
participated. It was very successful. We already we also met excuse me with town leadership and did something similar. Um if you go to the current website uh there's information currently um and has been on there since we started this process um in regards to uh
communications outreach. Uh we conducted um stakeholder interviews, uh resident survey, community forums, uh employee survey, employee uh focus group. And so here we are today um is the report to you on on all of the data we've
collected. Phase two is what we like to call uh the design of the plan. And this is where you take all of the data that we've collected. you have an opportunity to go through all of the reports which you will be getting um and look through those and then we come back and really
try to dive into that kind of clear vision, mission, goals and objectives. Um so that's what phase two will be will be the design of the plan and then phase three is the actual implementation. um where uh there will be some
strategies for supporting implementation as well as implement implementation plan facilitation. Okay, so just some quick highlights that I just wanted to go over with you. Um we did several activities kind of looking
at again um as you're working with the community um and you're listening to the community is is that how do we make sure that you interact with one another. And so one of the things that we did was we
did a uh exercise uh that was yes and right so it's the year 2034 you're envisioning where you want to be and so some of the things that we heard um from you was resiliency making sure that uh
you are focused on uh compromise uh strong buildings uh the history the culture the environment uh not losing that unique vibe for um the town of Fort Myers Beach and again protecting quality
of life. So um as we worked on communications outreach, I just want to make sure again that if if the public has not seen it, um if if you have not had a chance, please please please go to the website.
Uh the information is there in terms of our project timeline. Uh just briefly um I conducted 22 stakeholder interviews um over the course of approximately four weeks. Uh everyone was asked the same questions. It was pretty much um a
traditional SWAT analysis with a few tweaks. Uh we uh did look at uh just come some kind of highlights of what we heard through that. And so again uh having a clear vision that everybody
agreed upon. Um there was discussion um of including the residents in every part of that vision. Uh there was some sentiment around um the transition uh and the challenges between uh leaders uh
and the town um as well as um really needing a a more uh fruitful process if you will uh for engaging citizens and how to go about that. Um we heard a lot of good things about the staff uh and
how they have been amazing um through the transition and so um we used that information as well as the first in uh information uh and created a resident feedback survey. So I am hoping that um
many of those in the room had the opportunity to complete it. Uh but just very briefly, um 330 residents participated in the survey. Again, point of clarification, this was in May and June of 2025. Um so I just want to make
sure that that was the time frame. Uh um almost 96% of those that responded reported owning their home with only 2.8% um s were renters. Um about 62% of the respondents lived in single family homes
and about 35% resided in condominiums or town homes. I just want to hit a couple of highlights uh for you um that came out of the resident survey. And so um there was strong support from residents for multimodal uh and sustainable
infrastructure. Uh again um almost 86% supported further investing um in in in enhancements such as uh walking, biking, golf cart infrastructure um etc. And when you receive the port report you will see on table 10 uh this is very
clear in there. Uh same thing um again kind of open-ended uh 43% um concerned about traffic congestion etc. I don't think that's new to any of you. Um and then again, walkability and reduced
vehicle reliance was something that um the residents were interested in. Uh overdevelopment and loss of uh community character. Um we asked some open-ended questions and um 63% of residents um
identified that um as a significant long-term challenge. And I want to be clear about that long-term challenge. Um in addition to that um uh interestingly enough only about 7 17%
um felt that the town is rebuilding too quickly. Um and then um there was this uh concern and I had already mentioned it before about um residents being concerned that the town could be unrecognizable and losing its small town
feel. Just a couple of other highlights. Um, and again, remember this was in May and June of 2025. Um, some residents offered mixed ratings of town services. Um,
some with code enforcement, permitting. Um, there was some dissatisfaction. Um, and then some 40% which is a little bit high were uncertain. Um, you know, were unsure about certain services. So
either they hadn't experienced them or they just didn't really understand them. Um again, communication, we heard a lot about that in the beginning. Um interestingly enough, 70% are satisfied with access to
information. So your staff is doing a good job of putting emails out there or using the website or Facebook or whatever it may be. So that that's wonderful to hear. um as well as 71% of your residents that responded use Facebook to get their information. So
that's a significantly high number uh with 69% using the town website. Um and then um I think this is really impressive um that almost 91% agreed that your staff are courteous and
respectful when providing services. That's that's a very high statistic. You should be very proud of that. um uh only 60% felt that their concern was resolved in a reasonable time frame. However, there are uh again extenduating
circumstances to that. Um and then um I think the biggest thing that came out of the resident survey um was this divide among the town's overall direction. And I think that that is apparent um in the statistics. And so, um, you had almost
60%, um, expressing some dissatisfaction, um, but then you had almost 30% 20 or excuse me, 28% saying that they were very dissatisfied with the overall direction the town was taking. So, um,
and then again, the broader concerns were still there, but I just wanted to bring those to your attention. Um, again, as I said, we use a participatory process. So all of the data that was collected up until this point, we then used in community forum one. So it's not
that the data stands alone, but it's that it builds from one of our deliverables to the next because we want it to be as inclusive as possible. Um and so community forum one um you'll see the beautiful graphic there which uh
kind of really explains it was it was it was actually I thought um uh well attended and a lot of engagement and so um we kind of came out of um out of that first community forum um with some of
the things again civility respect uh getting involved again how do residents want to effectively engage engage um having the ability for um them to speak up and be heard. Um we also heard,
again, I don't think this is anything new, but again, you can see there's this uh I guess kind of benchmarking that we're starting to see across the different groups. And so when we took take took a look at things that you as a town needed to address, we heard the
division of the community, the urgency to build back, infrastructure, storm, water, drainage. Um, and then we also asked a question around um what do they value most and what do they not want to change? Um, identity, natural beauty,
and uh the resiliency of the community. Okay. And then so as I mentioned, we take all of this data and we start to now see kind of these what I would call themes or buckets, areas that have kind
of risen to the top. Um, and so we started seeing seven emerging strategic themes that have come forward. Um, and again, these are not set in stone. This is just a starting point for us as we go into phase two with all of you. And so
um the first one is restoring, rebuilding and redevelopment. Uh the second was infrastructure and this was very broad. Um again these all need to be defined. Uh but as we went through the data these are what popped up. Communications and leadership. Uh
economic development. Uh heard a lot about that. Um and again uh that was the uh full-time residents, seasonal residents, tourists coming in. And it's kind of that balancing act of um all of
those things. And so uh preservation um we heard a lot about the moundhouse um again preserving the natural beauty, environmental sustainability, and then obviously transportation. So those are kind of what's come to the top based on
all of the data. Uh we also did an employee survey and this was done in August of 2025. uh we had 66 um responses out of 80 which is fantastic. Um and so I would just say
that um while there are some areas for improvement with compensation remaining as the central concern. Um I would say that the culture and the supervisor relationships are strong. Um employees generally feel positive um
about their direct supervisors. Um you know there were some concerns maybe at a higher level and again remember this was done in August um around some some better teamwork and collaboration. I would also say that um even though
there were prior concerns um the employees are very optimistic about the new leadership and so um very happy to hear that um values align with the organization which is fantastic and
then again I'm sure nothing new to all of you but I do want to point it out um for your employees is that they're still feeling kind of that pressure um of doing more, right, with less. And so limited staffing, feeling the burnout.
Um and so I just wanted to draw that to your attention. Um and then the last thing that we did was an employee focus group. And so thank you to everybody who participated. Um it was a very interactive put from
the employees and we conducted um a SWAT analysis with them. And so as you'll see and you will be able to read through the full report, but again what they came to the table with is very much what we heard from the citizens from from uh you
from the residents. And so, um, just a couple of things that, um, I would, uh, I guess point out, um, that I thought was really good was, um, looking at, um,
doing a continued proactive approach with more transparency. I thought that was a really interesting point that came forward from the employees. So, it's it's that they are embracing that and they would like to be proactive uh, in what they're doing. Um, and then
obviously using technology. Um, finding ways to be more efficient, uh, using technology. Um, and then the only other thing I would say is, um, probably, uh, looking at being able to do some more planning and forecasting. Um, and that
goes kind of with everyone having that clear vision together. Okay, we're coming to the end. So, I think a round of applause, you guys. It has been a long process, but we have been able to get through phase one. Um,
phase two is set for December the 3 and we will be with all of you. I believe we're in this room. Um, and so you will be getting an email that has all of the real-time records and all of the reports that I mentioned today. My call to
action to you is please read through those and come with questions that you may have. So you have this, you have the PowerPoint, which I've highlighted a bunch of things, but you will also get
the four the full reports. And so we cannot be successful um with what we're going to do with all of you on December 3rd if you do not review the reports. Okay, that's my call to action for you.
So, I just I shared this with the staff and I wanted to share this with you because I think it's really important. You know, it's really easy to um go down a rabbit hole when you don't feel that things are going well and there's a lot of transition. And so,
Deote every year um they have a center for government insights and they usually produce videos or articles around kind of trends transforming local government. Um, and so I just want to say you're not
alone. I think that is the message that I shared with the employees is that you know being able to deliver lower cost higher value government looking at ways to use AI in government
um reducing red tape which is so difficult um public public service modernization using those technology um the future ready infrastructure so remember deote is international company. This was done all over the world where
they collected data to provide us this um obviously quality of life um looking at um you know what are the jobs of the future if you will and then um so I just wanted to share this with you because
you'll see um on the circle on the right you know again looking at unique funding sources cross sector you know solutions if you will um looking at how do you digitally deliver on
something. So I just want to say that the challenge more than ever in government right now is that strive to bridge the gap between promise and performance. And you're not alone in doing that.
So go through the reports, come prepared on December 3rd. And just remember, planning is bringing the future into the present so that you can do something about it now.
And I am happy to take questions if there are any. >> Councelor King, any questions for Angela? >> No. That's federal. >> I look forward to reviewing your materials, but I have no questions at this time. Thank you. >> Great. Thank you, >> Councelor Link. >> I do, Angela. Thank you for your work. I
love strategic planning. >> Um, I have a question for you, Angela, as well as any of the other counselors. I'm wondering how does this marry not the details of your strategic plan, but the vision that you heard? So I when I
was reviewing the comprehensive plan, I wondered how do you work with that so that the vision you heard in the strategic planning is also the same vision we have in our comprehensive plan because they appear different to me right now. >> Yes. So that's a that that is a question we get every time we do this in a
community. And so the way that we think about it is that the comp plan is only one piece of the strategic plan. Okay? And so when you guys come together on December 3rd, we will be taking a look at all of this data that I just went
over and as well as um reviewing uh any of the what we would call we'll do like an environmental scan if you will where it's kind of looking at the other plans. So here's what the comp plan is saying, here's what this is saying. And then we're going to come together um and
decide you will decide that highlevel vision and mission. We always start with the vision, not the mission, right? Because the vision is that desired future state. It's not why you exist. The mission is why you exist. And so the
comp plan is a piece of the strategic plan, but the comp plan is not the strategic plan. I want to make that very clear. Thank you. That's helpful. Okay. >> Anything else, Council?
>> Oh, I'm sorry. No. Okay. You're welcome, >> Vice Mayor Safford. Uh, no. But I want to thank you for all your hard work. >> Absolutely. Yes. It's been a pleasure. I can't We're ready for phase two. >> Great. I am, too. Thank you. >> Thank you. so much. >> Thanks, Angela. >> All right. Next, we have local
achievements and recognitions. Councelor King, >> I'd just like to recognize uh the whale on their um grand opening. It was a very impressive uh building, delicious food, ribbon cutting was very successful. Congratulations to them. and watched the
Illumination Parade on Saturday and it was just a fantastic um parade to watch. I mean, I'm not a parade person, but I really really enjoyed that. Um the the whale um illumination and the uh uh dragon were
ones that specifically caught my eye. But just watching it walk down the beach in the in dusk and and the number of participants. So, congratulations to all those people. Councelor Adhole.
>> Uh good morning everyone. I would say a couple things this morning. I would say first of all uh thank you for our town clerk this morning. That was a beautiful prayer of unity and obviously put some thought in that and I appreciated those words very much. I wanted to thank uh councelor Woodson for her uh service and
I welcome Rebecca and welcome your service as well. Uh want to take a point of personal privilege if I could. don't do this very often, but last week Brenda and I were blessed with a and our blessed with a and our first grandchild.
So, I would congratulate uh my grandson uh Arthur Adams Adhalt uh and my son and daughter-in-law out in Colorado. We're excited to uh spend some more time with them and uh uh again, thank you for the time. Thank you, >> Councelor Link.
>> Yes. So being new, I want to thank town manager, Will, Tracy, deputy town manager and three of their staff who took time um very valuable time to start to get me up to speed. I got to see a little peak behind the curtain. And I
must say that I walked away very impressed and uh I think this town is going to see great things coming out of this place as they continue to evolve. So, I was excited when I left and I thank you for your time,
>> Vice Mayor. Uh, first of all, Rebecca, welcome. >> I look forward to working with you. Um, I'd like to give a shout out to our former vice mayor. I've got some big shoes to fill. I want to thank you for everything you've done since the hurricane. You've been a true leader and
it's going to be, you know, my my honor and privilege to to serve as vice mayor. Um, from a community standpoint, I want to >> Congratulations on that, Scott. >> Thanks. Um, we had a great, uh, the community foundation, we had a great
event on Saturday. Um, we had a pickle ball tournament, raised a lot of money for the community foundation, >> Beach Kids, >> Beach Kids, I'm sorry, uh, Beach Kids Foundation. It was a great, well attended event. There's a lot of participants. Unfortunately, I lost to
Will 11 to 10. So, >> and Jason, it's a hard-fought battle. It's like one of our tennis battles, Jim. But it it was it was a great event. I hope they I hope they do it again next year. >> Yeah. Uh well, yeah. Welcome, Rebecca.
Congratulations. Uh thank Karen Woodson for her service. Uh as I said before, she stepped up at a time when we were at our worst and she's been through a lot as the rest of us have. So, well, wish her the best in her next endeavors. I didn't get to say it at the beginning, but Jim, thank you for uh working
alongside me over the last three years. Um we made a great team. Wish it would have continued, but I completely understand. Congratulations to your your your new your new grand I get to call you grandpa now. >> Sure. >> Okay. >> No more vice mayor. Now it's grandpa. >> Uh and all the things that councelor
King said as well. Uh congratulations to the well opening. It's been busy there every single day. There's a lot of buzz around it and talking to some of the other businesses around there. It's really that old adage of, you know, high tides raise all boats and all the other businesses around there have have seen an increase over last year's numbers.
So, uh, that's just a good step moving forward. And the illumination parade was was really fun. I got a chance to watch it kick off. There was a lot of kids that were involved, which which was really important. Unfortunately, our our solar lights kicked on at the wrong time as they were they were going down the street, so you didn't get to see much.
But, uh, you know, that's just part of life. But, it was a great event. So looking forward to maybe seeing it bigger and better next year. With that we have advisory committee items and report Jennifer Rusk. Good morning, Jennifer Rusk, resident.
Uh good morning to staff and to uh council members. Uh, congratulations, Councilwoman Link. I, if I may approach, I'd like to hand you some paperwork that I'm going to be discussing. >> Sure. >> Thank you, J.
Jennifer, do you have an extra copy for the clerk for the public records? >> I didn't hand one to you. Okay. I'm here uh today to report that MURF committee approved the second edition of printing 20,000 more copies
of the children's book. >> Yay. >> I would like to give my thanks to the town staff and the town council and to our community. I would also like to thank Mary Rose Betta and all the MURF
members from the past and the present with special thanks to Mrs. Hegstrom for her donation during the this past Thursday's meeting. She donated $500 to go towards the third edition once the
second edition runs out. Lastly, I'd like to thank to thank all of the educators, the for friends of Fort Myers Beach Mountainhouse, Turtle Time, Inc. Crow, and all the nonprofits and businesses who have contributed to
the printing costs. Fort Myers Beach Community Foundation, uh, the Beach Chamber Water Foundation, and the Alex King Group. I'm here uh to get your blessing to go ahead and start printing these 20,000. And a huge thank
you to Fort Meyer Speech Library and Liz for helping with the storage of these books. I've been holding off on ordering these books. One because uh my house in my garage is flooded uh twice last year and I'm scared to order all these uh
children's books and then uh I lose them. So, thank you to the Fortmeer Speech Library for offering to store them. And I just if you have any questions, >> John, any questions for Jennifer? >> No, go ahead and print them.
>> Jim, thank you, >> Rebecca. >> I almost always have a comment. Um, I love these things and I'm wondering where people get them. As a renter, as a ha having a home that I rent, I would always find when I
returned that there'd be crayons there and kids were coloring. It's a great way to give kids something to do when they're at your homes. And I'm wondering uh if there's a place or if we can get some of them for our renters. >> Sure. Uh I can certainly bring them to
you. Uh but uh again, like I said, the Fort Myers Beach Library will be storing the boxes. Uh each box contains I believe about 79 books. Um I don't have crayons but uh but the books. Yes. >> Thank you.
>> Yes. But you the public can get these at at all different areas. Lots of resorts have them to hand them out. Uh grocery stores um lots of places. The Chamber of Commerce uh at the Roxy they have them.
And so thank you. I would encourage people who rent their properties to have a few on hand. It's a good education tool. >> Thank you. >> I agree. >> Yeah, I I have them in every one of my vacation rental properties. They're fantastic. Um
>> don't Would you like to tell everyone where you're going to be next Saturday? >> Yes, I was going to. Thank you for um for leading me into that. Uh, I will be at the Sand Castle uh event on Saturday the 22nd from 10:00 a.m. to 5:00 pm. And
you can stop by and get stickers and posters and uh coloring books and crayons and reusable water bottle stickers. Uh that uh let's see, we have we'll have all kinds of things from FWC,
FDEP. Sorry, not FDEP. uh FWC and other organizations like the Manatee Club and things like that. >> That's great. Thanks for all your hard work. >> Thank you. So, the page that you have has the QR. So, the difference in a book
that you have in front of you and the new page is um I thought it would be really nice for the people that have contributed to have their logo and their QR code. So, those are some changes that were made to the book. if that's all right with you.
>> I think it's fantastic. >> I'm hoping we have a much bigger uh third edition. So, if anyone wants to contribute, you can uh contribute to the town of Fort Myers Beach Marine Environmental Resource Task Force.
>> Thank you, Jennifer. >> Thank you. >> And uh welcome again, Rebecca Link. And um as I always say to all of you, make good decisions. Thank you for your service. >> Next is our approval of minutes from the
town council meeting from October 20th, 2025 and November 3rd of 2025. Is there a motion to approve the minutes? >> Mayor, um the town council meeting minutes on October 20th say chair and vice chair. It should be corrected to read mayor and vice mayor.
>> Thank you for that. Are there any other corrections to either of the two town council minutes? Hearing none. Is there a motion to approve as amended? >> I will make that motion. Mayor, >> got a motion by councelor King. >> I'll second.
>> Seconded by Vice Mayor Safford. Any further discussion? All those in favor signify by saying I. >> I. I. >> Opposed. Hearing none. That motion carries unanimously. Uh next is our consent agenda which we don't have anything followed by the
items removed from consent agenda which obviously we do not have anything which 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 they are these items are quas judicial in nature. Our attorney will further explain. So, Mayor, um you also have three legislative uh matters before you today. And if I understood you wanted to go ahead and move one of those
legislative items forward. >> Yes. >> Um that would have been number F. >> Yes. >> Um we would need to read the title and then make a motion to continue that. >> Okay. This legislative item is is a second
reading and a public hearing on proposed ordinance 24-10. This is an ordinance of the town of Fort Myers Beach, Florida, amending the town of Fort Myers Beach Comprehensive Plan in its entire entirety pursuant to 1631843
Florida statutes providing for adoption of the town of Fort Myers Beach Comprehensive Plan 2045, including amendments to the future land use element and the future land use map, the community design element, the transportation element, the housing element, the historic preservation
element, the utilities element, the conservation element, the coastal management element, the recreation and open space element, the intergovernmental coordination element, the capital improvements element, and the property rights element inclusive of all associated tables, exhibits, and maps, authorizing findings and
administrative actions, providing for transmitt, providing for severability, providing for scrier's errors, and providing for an effective date. We will now open the public hearing and open it to public comment. Is there anyone that would like to speak for public comment?
Good morning again. >> Morning again. It's Terry Kaine. Uh oh, I've got to I want to thank you for reviewing this yet again. I specifically
in the conservation element, I want you to read what was gutted out of the plan. I want you to look at the future land use map in the comprehensive plan. Giving you a real quick thing to go look
at and see what was taken away from us. See what's taken away from this community by taking away environmentally critical zones. That would be all the beachfronts. It would be Baldage Point. It would be Little Eststerero Island and make it a different future land use.
That was very upsetting to me. I didn't sleep Saturday night after I read it. I started to read the new plan thinking, "Oh, I'll read this and I'll go to sleep." Well, 4:00 in the morning, I still wasn't asleep. So, please read that plan and see what it says. And um thank you. We need more time on this.
And I'm sorry we're under a constraint, but um I'm hoping that we can have some kind of a roundt, some kind of a workshop. In the old days, we used to call it cherettes. Nobody knows what that word means anymore. And uh we would just get a room full of people, throw all the ideas out on the table, pick out
the best, always the cream of the crop, raises to the top. And um we just need that because you're considering 2024. It's what we did 25 years ago. And um this is a vision for 20 years. So please, please think about it. The um
results and the responsibility of this plan is at your feet. It's not the contractor's fault what happened here. It's not Cordino. It's not his blame because you are approving this. So, it's your responsibility to read it and comprehend it and see what our future is
going to look like. They can only work with what they were given. And I don't know where they got some of their ideas, but um I'm not real happy about it. I think the plan, especially the conservation element, is a bit sloppy and I hope that it wasn't intentional.
So, thank you very much and for I hope that there's some kind of a meeting we can have with a community whether it be through the LPA or a town council to have some kind of an emergency workshop. I think it's well needed. Thank you very much. >> Thank you. >> Anyone else like to speak in public
comment? Mr. Murphy, >> morning council staff Ray Murphy for the record. I just want to uh echo Terry Kaine's comments there when the when the comprehensive plan was created back by uh the original council.
What Terry spoke of were these community cheretses that were held down in Bay Oaks and and I think I discussed these with you on my way out after the storm. But what those cherettes involved were easels,
40, 50 easels in Bay Oaks. The whole community was invited and and a lot of the community showed up, a lot of them. Many of those community members who voted in this recall election were
here then and that was the basis of their vote because they still believe in what happened when that plan was created. So, anything you can do to be transparent and to get the community involved in in
such a magnanimous undertaking as editing the comprehensive plan should be taken, fills with people, advertise it, get people out like they came out originally. It's that important. The
people have spoken to that, spoken loudly that they believe in the comprehensive plan and they want participation in in in seeing the future. They pretty much told you the way they want it and they want to continue that way, but they want to be
involved in that process and anything less than that is not satisfactory. So again, to reiterate, get people involved in that process. I don't think it's happened so far. I don't really think it's happened. I'll
conclude with that. Thank you very much. >> Thank you. Anyone else? >> All right. Seeing none, we'll close public comment. Is there a motion to move this to our meeting on December 1st? >> Continue to certain December 1st.
>> December 1st. So moved. >> Got a motion by Vice Mayor Safford. I'll second. Any further discussion? Vice Mayor Safford I. >> I'm an I. Council member Blink. >> I. >> Council member Adult. >> Hi. >> Council member King. >> Hi.
>> Motion carries unanimously. >> Nancy, take it away. >> Thank you. So there we uh we do have four items on your agenda today. These are quasi judicial in nature. Um zoning revisions, special exceptions, and variances. Um, these require that
today's public hearing comply with procedural requirements that have been established in Florida law and in our land development code. So, our quasi judicial proceedings will be less formal than a proceeding before circuit court, but they will be more formal than the
remainder of the meeting. And we must follow basic standards of due process that requires that certain notices be provided, the application of the correct standards, and that your decisions be made on competent and substantial evidence that is presented to you today,
either in written documents or through oral testimony. Your responsibility today is to evaluate that testimony and information for each of these quasi judicial items and then draw a conclusion regarding whether the criteria that has been established in
the land development code or in state law has been satisfied. So speculation or just an opinion that is not based on competent facts cannot legally be considered by you in evaluating an agenda item.
Testimony by professionals who have been qualified as experts in a particular area has been viewed as 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 if their testimony is based on their personal information. Your decision is final. Uh if a decision of approval is not obtained or if there's a tie vote to deny then the
matter being considered is denied unless majority present and voting agree by motion before the next agenda item is called to take some other action in lie of the denial. Um the basis for the denial needs to be
stated in the motion. Um, the denial cannot be based on a determination of public support or public opposition to an application. The reason for your denial cannot be arbitrary, discriminatory, or unreasonable and should be based on a
lack of competent and substantial evidence in support of a specific uh criteria. So members of the public, those of you who are present, if you intend to speak, please keep my comments in mind and when you come forward, if you could please
state your name clearly for the record and whether or not you have been sworn in and your qualifications or your interest in the matter. So for purposes of efficiency, before we begin these quasi judicial hearings, I would like to go ahead and uh take care of a few items
consistent with the procedures that we follow. The first is I need to inquire of the town clerk whether or not all these agenda quasi judicial agenda items have been properly noticed pursuant to our land development code.
>> Yes, they have been. Also, if any member of the town council has a conflict of interest that would prohibit them from voting on any of these four quasi judicial matters, this would be an appropriate time to make that disclosure so we can make sure that we have a
quorum present for the review of the item. >> Councelor King, >> no conflicts. >> Councelor Ederhol, >> none. >> Councelor Link, >> none. Vice Mayor Saffer, >> none. And I have none as well. So, in our quasa judicial hearings, we do uh
ask that those providing testimony do so under oath. And at this time, if there is anyone in the audience who would like to make testimony part of the record for a particular quasi judicial item, if you would please stand and raise your right
hand, and the town clerk will administer an oath. Do you swear or affirm that the testimony that you're about to give is the truth, the whole truth, and nothing but the truth? >> Okay. All parties have been sworn.
>> So, we are now ready for agenda item A. >> All right. The this is a first item is a quasi judicial item. It is the it is a first reading of public hearing on proposed ordinance 25-21. If if approved at first reading, a second reading and final adoption
hearing will be scheduled for December 15th, 2025 at 9:00 am or at another time identified by town council. This is an ordinance of the town of Fort Myers Beach, Florida, approving approving with conditions or denying an amendment to the commercial plan development CPD
approved by ordinance 24-18 for the property located at 1668 I Street, Fort Myers Beach, generally identified as strap number 1 19-46-24-W4-0070B.0110 0110 in Fort Myers Beach providing for an amendment to the deviations to
include a deviation to allow three signs of total of 108 square ft where a maximum one sign of 32 square ft is permitted providing for a conflict of law scrier's errors providing for an effective date. If any town council member has had any exparte communication to disclose, please let us know the
subject discussed and identity of the person, group, or entity with whom the communication took place, any correspondence that you received or observations made of the site. Councelor King, >> nothing that I recall. >> Councilhole. No, >> I've certainly frequented the establishment many times, but I've I've not had any contact on this particular
provision that's before us today. >> Very good. Council Link, >> no contact, but I do know the location. Uh, Vice Mayor Saffford, >> I'm quite familiar with the property. Um, but I have not had any conversations uh about this issue with them.
>> Yeah, I'm also very familiar with the property. Been there several times, but have not had any communication based on this item. Uh, is it Jason going to be Jason? Jason Green 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 Myers Beach. Are there any other individuals who would like to be qualified as an expert witness on behalf of the applicant at this time? Please come on up. My name is Renee Oi. I've been sworn in.
I am here with Sign Permits Plus, who is a company representing the owner. I have been in the uh sign business or signed permitting p business for over 25 years. >> Any questions for Renee? John? >> None.
>> Jim, >> none. >> Rebecca? >> None. >> Scott? >> Not at this time. >> All right. I will make a motion to accept Renee as an expert witness on behalf of the applicant. >> I'll second. >> Any further discussion? All those in favor signify by saying I. >> I. Opposed. That motion carries
unanimously. Okay. And has the property owner applicant seen a copy of the agenda backup materials from staff? >> Yes. >> Okay. Go ahead, Jason. >> Uh, good morning, Jason Green, Community Development. Uh, it's a pretty straightforward request. It's an amendment to the CPD, which was approved
in 2024. Uh, and again, as you mentioned, um, mayor, the the purpose of the request is to allow for deviations to the sign regulations. Uh, there's really only two ways to do that. That's through a variance or through a, um, deviations. And since it already had a CPD, that was the best route. uh just
make a note. This is one of the things that came up that we've recognized we need another process and a way to do sign uh deviations rather than going back through the C CPD process. So that'll be part of your land development code updates looking at that um because it's a little bit too long of a process
to be able to get a sign variant uh deviation. Uh as mentioned there's three up to three signs up to 108 square feet is what they've requested. Uh based on the findings and staff report find that recommend staff recommends approval with conditions. Uh and the staff report includes the additional conditions to
that CPD >> and specifically related to the sign only. >> Scott, any questions for Jason? >> Not at this time. >> Rebecca, >> no. >> Jim, >> none. John, >> nothing. >> Thank you. Renee, >> good morning. Um, as as Jason has
pointed out, they uh the Beach Bar is requesting a minor amendment to the CPD to allow for three signs. Um, the it's a larger sign area, but they aren't all going on one side of the building. There's an existing small logo on the front of the building and they wish to
add a small logo on the side of the building and one on the rear which would be facing uh the beach area. Um, it is an unusual property in that it is located on I Street, which is parallel to Eterero Boulevard, but you need to
pull off of Asterero to get to I Street. And it's also accessed from the beach, so you have both pedestrian and vehicular access. And it's important to be able to identify the building to all of those who are going to be attending. Apparently, you all know where it is,
but you have a lot of tourists in this area. stumbled across it once or twice >> who may not know. And and if you're coming up from the beach and you and you know that there's a place, I heard that there's a beach bar up here. We certainly want them to clearly navigate to that spot so that you know the having
identification on the rear of the building that just simply says the beach bar in non-elilluminated turtle friendly letters as well as the side sign is also non-elilluminated. um is is important. As you're driving down Astero Boulevard, you can see the
building, but there are there is some visibility issues with the existing front sign in that there's a palm tree. Um at the point where you would turn off the road, it's you either have to turn before um you get to the building or afterwards on Avenue E to navigate to I
Street. And so it's not a clear turn. So, so having clear identification and you've talked about increased traffic and how important, you know, it is for people to be able to navigate that turn um is something that that I would like to for you to consider. Um the setback
from of the building is about 200 feet over 200 feet from a sterile boulevard. So, that's also a consideration um when we're placing signs is, you know, can they be can they be read? Um the the design of the signs, I think I believe
you have them in your packet, is architecturally compatible with the building. Um they are are are pleasing in design, pretty simple and straightforward. They incorporate the yellow of the awnings that are on the building. Uh they are certainly consistent with the neighborhood. Um
there are other similar businesses who have uh signs that have been allowed to both face the beach and the street. So by granting this this minor amendment, we're certainly not giving them any privileges that have not been afforded
to other businesses in the area. Um they of course agree to comply with all of the uh conditions of approval as well as you know adequately permit go through the permitting process to ensure that the the signs meet the code.
>> All right. >> Any additional questions? >> John. Questions for Renee? >> Oh Jim. Sorry. >> That's all right. >> Uh no >> Jim. >> Nothing. Thank you >> Rebecca. >> Nothing. >> Scott. No, it's pretty straightforward. >> Yeah. Thank >> Thank you. All right. Public comment. Is
there anyone that would like to speak in public comment? >> Seeing none, we'll close public comment. Is there I assume you have no additional comments based on no public comment. >> I will now close the public hearing and
request a discussion or motion from town council to approve, approve with conditions, or deny with reason or a continuence to a time certain. >> Mr. Mayor. >> Yes, sir. I would move approval of ordinance 25-21. >> I'll second a >> motion by uh council member Aderholt,
seconded by Vice Mayor Safford. Any further discussion? >> Council member Adult. >> I. >> Vice Mayor Safford >> I. >> Council member Link. >> I. >> Council member Kane. >> I. >> And I'm an I as well. That motion carries unanimously. >> Thank you. >> Thank you.
Next is a quasi judicial agenda item is the first reading of public hearing on proposed ordinance 25-22. If approved at first reading, a second reading and final adoption hearing will be scheduled for December 15th, 2025 at 9:00 a.m. or at another time identified by the town council. This is an ordinance of the
town of Fort Myers Beach, Florida, approving approving with conditions or denying an amendment to the commercial plan development CPD approved by ordinance 24-15 for the property located 125 131 through 151 School Street and 266 2661-2681
Eterero Boulevard, Fort Myers Beach. Generally identified as strap numbers 1 19-46-24-W3-0020C. 0230 1 9-46-24-W3-0020C.0270 1 9-46-24-W3-0020C.0290 0290 in Fort Myers Beach, providing for re revisions to the schedule of
permitted uses to include outdoor consumption of alcohol beverages on the property as a use associated with the approved hotel and restaurant uses, providing for conflict of law, scrier's errors, and providing for an effective date. Jason Green has already been has already been qualified as an expert by
this town council and based on his education and experience has been accepted as an expert in the field of land use planning and development in the town of Fort Myers Beach. Are there any other individuals of who would like to be qualified as an expert witness on behalf of the applicant at this time? >> All right. Go ahead, Jason.
>> Great. Uh good morning, Jason Green. Community Development. Again, uh it's another amendment to a commercial plan development. It was approved last year under ordinance 24-15. Uh and as you mentioned, was adding uh two areas, a 3,000 foot rooftop patio and a 690 foot uh outdoor space. Uh
again, the consumption on premise is all part of the restaurant, but our code requires this the um either a special exception or amendment to your CPD uh to do the outdoor uh alcohol consumption. Um so that's the request that they have before you is to add those two areas. Uh
and as staff has provided updated to conditions of approval, recommendation of approval with uh those conditions and um the LPA voted 6-0 recommending approval to you. So if you have any questions, I'd be happy to answer.
>> John, any questions for >> Nothing currently. >> Jim, >> you say the LPA voted unanimously in support, Jason? >> Yes, sir. 6. >> What is the distance uh for additional consideration of a proposal like this to a to a to an elementary school?
>> The Let me check here. I got it written down. >> Understanding it's 500 ft. >> Uh yeah. So the the code lists uh religious institutions, schools, parks, residents, um and then other alcohol establishments is generally what we look
at for trying to measure how far they are within that 500 ft or approximate. Yes. >> Is it the case that this is this particular uh application is beyond 500 ft? >> Uh that is correct based on I believe some GIS measurements from property to property. Uh I don't I don't believe any
of those uses are within 500 ft. >> Okay. >> Thank you. That's all I've got. Councelor Link, >> can you can you please Jason advise if um this is just for residents of the establishment or outside folks would
park and go there as well? >> Well, there there's going to be a restaurant on site, so it's just obviously the alcohol consumption is permitted by right for a restaurant use. It's the outdoor part of it that our code triggers. I'm assuming that was written that way for noise and other
things for consideration. Um, so as with all these CPDs, they have to amend for the outdoor seating part. Uh, I don't know why that wasn't included in the first one, but I just know they've realized through the process they need that outdoor seating area. So I would defer to the applicant if he wants to
tell you why they came back for that. So my question is whether or not residents, locals can walk in there and and go upstairs or it's just for the guests. >> Well, we'll get to him in a minute. >> Okay. It sounds like your question is directed more at the applicant than
>> So for us, it's a restaurant use which would be open to the public generally. Whether they operate that way or not, I don't know. But from us as general understanding, it's the outdoor seating part of that restaurant triggers the COP. >> Thank you. use. >> And that's something that's unique to your code from other places is cop consumption on premise is a use in your
code that has to be part of the the list of uses if you're going to especially if you're going to have the outdoor seating. >> Thank you, >> Scott. From the LPA meeting, were there any additional amendments to the conditions? >> Uh, no, I don't believe so.
>> Okay. Thank you. >> And again, we're back here with this parking issue. And I my question is going to be similar to Rebecca's as far as being open to the public. Um there's a lack of parking already. The staff doesn't see an issue
with potential open to public restaurant bar adding to that already dilemma. >> Yes. Um some of that is a responsibility of the property owner I guess right for a successful business uh providing that. But there's I think the theme of the
town was the park once mindset. So, we would we would estimate there's a ton of pedestrian traffic that would obviously um go to this place. Um >> yeah, I mean the park once works great if there's a place to park. >> Correct. If there is a place to park. Yes. >> Okay. >> We are seeing a lot of those lots coming
back online and those agreements that properties have uh we just had that discussion last week. Uh those joint parking agreements between businesses are coming up again. Um so we'll be coming to you I guess with the code talking about that uh how that works and if it's working. Okay,
>> another question. >> Yeah, absolutely. >> I have another question, Jason. I do think this one is for you. >> Okay. >> Um, so you said you believe that uh the school is 500 feet. 500 ft. >> Yeah, I got staff report measurements
here. Let me look them up for you. >> Where'd it go? Uh, yes. So, I believe uh by the sor we said there's it's 3,000 ft to a religious facility, 550 ft from a school, and more than 4,000 ft to a daycare, 780 ft to a park, 650 ft to
another establishment serving alcohol, uh and more than 500 feet to a dwelling unit under separate ownership. And obviously, those numbers change as uses change and come and go sometimes. My question to you is um I believe when I read through the original is that there were going to be some shared
parking spaces um with uh Bay Oaks if I understood that or remember it correctly. So my concern is would any of those be within the 500 ft? Not that we have someone who had one too many be walking to their car that is parked next
to the school or in that community area. >> Know about that? >> That's a great question. I don't know the distance of the parking spaces, but they would be on the side facing the school, I believe, if they're on the in between the the park and the school. Yes, >> that's something I' I'd like clarified. >> Okay.
>> All right. Yes, sir. Thank you. Uh good morning, uh mayor, members of council. For the record, Keith Long, attorney with Long Law representing cottages at Meerside LLC. uh the applicant property owner of the Meers side at the aforementioned 125131
through 151 School Street and uh 2661 through 2681 Eststerero Boulevard. Uh staff has indicated we're here to request a minor amendment to the CPD that was approved under ordinance uh 25-15 to amend the schedule of uses to add the outdoor consumption on premise.
Um again very limited amen amendment here. The original CPD was approved under 24-15 allowed mixeduse projects with lodging or it was a mixeduse project with lodging units um live work units and commercial space which included uh the the aforementioned restaurant and bar area. So what we're
doing here today is uh requesting an outdoor an amendment to include the schedule of uses for the outdoor consumption on premise component of the already approved uh restaurant. So you've got uh in the packets that are available to you um I have a presentation but I I don't know that it
got made its way through. Um you'll see the outdoor portion that is uh on the Ster Boulevard frontage for approximately 690 ft and then the uh the rooftop area. Uh to answer your questions, the rooftop area is going to be limited to um the the patrons of the
hotel and the guests. And then the downstairs portion, the outdoor square footages was already uh contemplated under the original CPD. We're just here to basically allow for the already approved consumption on premise indoors in conjunction with that restaurant to extend uh outward of that. I I can't
speak to why that wasn't included in the beginning, but as uh Mr. Green has indicated, your your code is unique with respect to the fact that all outdoor consumption on premise uh does have to come before the town in one form or another. Typically, I'm before you for a special exception. Uh but today, because this was already approved under a CPD,
uh the vehicle here is the amendment to the schedule of uses. Um, as far as the school consideration, the staff uh report does indicate that it is outside of that 500 ft. Um, I guess I could speak to the school portion as well, uh, there is a a provision in Florida statute that that essentially says
anything within 500 ft of a school uh is needs an additional review um by the Wil municipality, whether that's the town or the um unincorporated uh county. It's not necessarily not right pro prohibition. It's just a good practice and I do this all over the state um for this exact reason. And just just for you
guys to get an additional viewpoint, every property is unique and different in the way that it's situated. And so it allows for uh council such as yourself to to look at each site individually because as you most uh most of you know, you can't legislate around everything. And it gives you an additional opportunity to to look at the site. We
believe strongly here. Obviously, it's outside of the 500 ft. Um and then the way that the restaurant is going to be situated, it's it's facing the complete opposite way of the uh the school. So, an approval of this certainly is not an indictment of any future prospects of the school. Um, and it's our belief that
it's going to operate um, you know, without any interference with the school um, now or in the future. I stand by for questions. Thank you. >> Uh, John, any questions for Keith? >> None that I know of, but I will take a minute of personal privilege to say it's always a pleasure to see you, counselor
and councilman. >> Likewise. Thank you, >> Jim. >> Uh, nothing additional, >> Rebecca. Nothing new, >> Scott. >> Nothing new. >> I do have a couple concerns um that were obviously brought up in the LPA. The
amplified music part of it was brought up. They wanted to discuss as well as the hours of operation for me being as close it is to the school. 8 a.m. to 10 p.m. seems a little too much for outside consumption. I mean, kids crossing the crosswalk there watching someone have a
beer on the outside corner to me doesn't make a lot of sense. But is the applicant open to should this be approved amending the conditions for the time of outside consumption and the amplified music that was brought up in the LPA? >> Well, uh, if I could, Mr. Mayor, what specifically with regards to the
amplified music, are you talking about eliminating it or also changing the times of that or or >> Yeah, I thought adjusting that would make more sense. Having amplified music with school in session, I think could be disruptive, but >> Sure. I think as as with any time that that I come before um a board such as
yourself, we want to make sure when we put these time frames down, it's not necessarily indicative of of an actual desire to do that, but it's easier to have that set forth a wider a wider array just so that in in the event that there was situations where you would need that. Uh certainly if that is a sticking point of this council with
regards to time, um again, I would I would request that you if you have anything in particular as far as timing that you would suggest, uh we we could have that discussion. But yeah, certainly we would be open to I guess seeing how the the temperature was here with the rest of the council members
with regards to that. I mean, amplified music, uh, it's it's when you hear the the word amplified music, you're thinking, you know, full throttle, but that really is just an indication of any sort of music that's put through any electronic device as a speaker or anything like that. So, it's not necessarily indicative of the fact that
it's going to be blasting. U, but I certainly appreciate your concern. Um, so yeah, I mean we we could we would be amendable to changing that. I mean, you also have uh provisions of your code that that you know regulate hours of of outdoor uh sounds and those sorts of
things. So typically we would leave that portion of that, but this is the time where we would we would limit that if that's the desire council. >> To me, it would make sense if it's approved to kind of coincide with everybody else's 11 o'clock. Most people open at 11 o'clock. Most people that are serving breakfast, you know, they're not going to start serving usually till 11.
at least the ones I've been in. Maybe maybe the Pancake House, I guess. I don't know. But, um, I'm not going to die on a vine here over it, but I think it would make more sense to me to to address those two issues that the LPA brought up and that were brought up, I believe, in the past when this came through the first time. And
obviously, parking is, as we're seeing, when when you don't have significant parking, it overflows into people's driveways and into places that it shouldn't be. And and it creates a problem that we know is going to be a problem. And I I haven't seen yet anything from the applicants since the last hearing uh when it was approved
that's going to address that. >> Yeah, I can't I certainly can't speak to parking. That was obviously contemplated under the original CPD. Um uh but yeah, if if if it's the desire council at 11:00 for the um for the the amplification and the consumption. Is that your desire, Mr. I think just to
keep it consistent, that would make sense to me, but I'll defer to my fellow counselors to see if that's something that they uh think is important. To me, 8 a.m. just seems a little early for being that close to the school. >> Understood. Thank you,
>> John. How do you feel about >> You know, I I don't have any real feelings on it to be honest with you, >> Jim. >> Uh I'd be interested in your business model. just a little bit more uh sort of illustration of your B business model. You are you're not talking about live
music up there. Are you you're talking about just this is piped in music. Is that correct? >> Yes, sir. That's Yeah, that's where I was trying to get out with the amplification. I mean, um it really could just be, you know, music that's held lower than a conversational level just as an ambiance type thing. It's not
necessarily like a club type setup, >> but there is no intention to have live music. >> That's not my understanding. Certainly during those hours. Okay. >> And I certainly get the amplification part of it, you know, speaker. I know we went through this with the the the food park
>> or the food truck park thing. >> I I totally understand amplified music can be a speaker just like you're hearing now. >> Sure. >> Technically, is an amplified speaker, but I think it's more of the the live band type thing that can get very loud, especially with a school in operation
that close. I guess I'd ask counselor if if if you if there are no plans in your business plan to have live music, >> could could that address the or would that address the mayor's concern? I mean, if you're >> Well, I wasn't aware that that it was with the live music, but I mean, I'm not
in a position now having, you know, to speak on behalf of the applicant with regards to that particular plan. If it was a concern, um, we could limit that that time. Um, but again, I I hope that you don't take my reluctance to to dive into that as some sort of diversion that there's going to be this concert hall. >> But I could see if you're having a
wedding reception or special event or something. >> Well, and that's and that's the problem that I kind of spoke to previously is that it's easier to have that open-ended rather than to an extent then, you know, try to contemplate around the particular instances where you would have that. Um, but again, we we are we would defer to
to your discretion if you wanted to maybe make the live portion limited to that or even the amplification or all music whatsoever to 11:00 a.m. if that that can but again then it goes to now that we've kind of evolved to the live music portion. Well, are we going to have concerts in the on the street? Uh, I would again I would remind you that
it's a 690 foot um outdoor patio with that really is a subject of this conversation. I mean, the rooftop is is more like more or less a lounge that for the hotel guests where they can order food from the from the restaurant and have it brought up there. It's not an open air bar that's, you know, open to the public where you're going to have,
you know, routine in live music. Uh, if if that >> Yeah, I certainly don't want to pin them down to having to come in and ask for a special event permit anytime they want music. But maybe if we did something about no live music during the normal business hours of the school. So if it's outside the school's business hours,
then you can have you could have live music. >> Could we even further limit that too, you know, when the when the school is in does >> hopefully come back into session? I certainly obviously it's not in >> Yeah, I think to keep it clean and simple, if the school's in session, you can't have live music. >> So then it would be perspective and we
could work around it here then. >> Yeah. I mean, >> I I don't imagine that there would be any reluctance to that on behalf of the applicant. Certainly, if that was what what gets it over the finish line. Again, there's no desire from my understanding of the project that it's going to be a live music venue, so to speak. But, um, to to councelor Hold's
point, you know, I don't want to get in a situation where someone sticks some because we said here no live music and they have a special uh circumstance that that they might bring something in. >> Fort Myers Beach is always changing. >> I'm I'm aware. Yes, sir.
So I I would be I I mean I think that would be a condition I would be comfortable with being in there should it be approved to to not allow live music during >> school during normal school business hours. >> Uh and I would like to see the 11 to 10 versus the 8 a.m. to 10 p.m.
>> For the consumption you mean >> uh for the outside consumption. Those would be my two suggestions that I'd like to see into it. >> I I agree with the school portion of it, but if you've if you have hotel guests, I I think up upstairs
is fine by the pool area. >> Yeah. I mean, it gets back to policing it, too. How dicey how are you going to how you going to police it? So either way, you know, it's it's I just think it's >> I mean, if if a hotel guest is on
vacation, they want to have a cocktail in the morning up, they can't get away till 11:00. >> If if I'm a parent taking my kid to school, I don't know that I want someone stumbling down the >> sidewalk. It's >> Well, this would include the downstairs as well is what he's asking for, if I'm not mistaken. >> Well, I mean, outside is outside, right?
>> Within >> there's two different portions. I mean, if you wanted to further um >> you know, restrict that uh for lack of a better term. >> But then then you know the reality of enforcement and and those sorts of things. I mean that's up to you guys. I certainly know more than most that that that's the most difficult part of all
these. You can have as many great ideas as you want. But um if you don't have the enforcement capabilities then what is it for? Uh certainly we would be expected to police ourselves the applicant. But um just speaking openly that's that that's always a concern. But >> sure. >> Yeah. you know to uh council member or
vice mayor Safford's point yeah I mean it it becomes problematic and certainly because on as it currently exists consumption would be allowed indoors during the during these hours the request is for outdoors so you know further complicating things I guess to to for the for the owner and the
applicant is you can kind of have a drink in here should and it's not going to be a something that they're going to be selling but if someone wanted to have a bloody Mary or whatever with breakfast you keep it inside but you can't have it outside sort of deal and then you got people standing at the door. So it
100% respect your position, Mr. Mayor. Just also being realistic to the complexities of of enforcing it. >> But if it's a point, I mean, I would we would certainly >> I'm throwing it out there. So we'll see what the f my fellow counselors feel about it. But >> Sure. No, I appreciate the discussion.
>> I do have another question. Actually, it is for my fellow counselors. If I remember correctly, and I may not, did not the superintendent of schools in Lee County send someone at uh when we were looking at the original agreement
and they were concerned about alcohol even indoors. Am I >> I don't know if it was the light the latest one for the building that you see now. I think it was the one prior to that if memory serves me correct. >> Okay. I just wanted to make sure we're not >> that was a completely different proposal.
>> Okay. Uh and then we did follow up with the school board and it wasn't an official school board position. It was someone from this the the district administrative office who apparently opined, but it was for a different proposal. >> Thank you for that. I just wanted to make sure we didn't uh shoot ourselves
in the foot trying to get a school. >> I think that's memory serves. >> That's my understanding as well. >> Thank you. >> Yeah, that's my recollection. It was the the original proposal before the one that you see the amended proposal in front of us. Yes, there's been a few for this property. >> Yes.
>> All right. Any other questions for for Keith? We're going to open up to public comment. We'll come back and discuss. If we need to have have you back up, we we certainly will. >> Yep. Stand by. Thank you. >> All right. Public comment. Is there anyone public comment like Pete? Bill >> Bill V for the record. And I remember
the um you know this this property has been through a parade of different uh you know um items where come in front of council. They started out just being a collection of residential properties. Then they were a bed and breakfast. Then they came with the cottages concept. That's when the school board came just because they were serving alcohol on the
property and the school board the representative had some objection. And then after the uh after the hurricane that came with this bigger commercial property. There's a couple things that give me would give me concern about this. is that, you know, even if technically maybe you're not the the the
area they're talking about is is outside the 500 foot circle from the school, the property is almost above the school and the the the the school board did have some reservations surveying alcohol on that property at all. And um even though you may be legally allowed to do it,
what kind of signal are you sending? What kind of message are you sending to the school board about your dedication to the school? Um there's I know that I hear a lot of words in support of the school. There's also there's some tangible actions you can take to show the school board that you take the school seriously. Uh the other point is
about the noise is that I know when I was on council probably the number one thing you heard about were were noise complaints and especially if you if things are vague. If you if if the agreement says that they can have amplified music but they said their intent is not to, the agreement is what
will rule. So they can they can have that music and uh even if even if um you put limits on times and everything else, those are really hard to enforce. They're almost impossible to enforce unless it's totally egregious. So I would give some serious reservations to
this. I just said, you know, you have deeds and you have words and if you don't if you don't make concrete deeds to support the school, the words ring a little hollow. Thank you. >> Thank you. Anyone else? Seeing none, we'll close public comment
and bring it back to Is there any Keith? Do you have any rebuttal comments to that? >> Thank you, mayor. Again, for the record, Keith Long on behalf of the applicant. Uh no, no, just again my reiteration to the point that that uh certainly I have a difference of opinion is with regards
to the distance and the buffers and particularly with the way that the site is situated in the outdoor patio um not even being visually um within the distance of the school. Uh it wouldn't be an indictment in my opinion obviously to any future prospects of the school um to approve the the request as presented.
Other than that uh that will be all. Thank you. >> All right. I will now close the public hearing and request a discussion or a motion from town council to approve. Approve with conditions or deny with reasons or a continuence to a time certain.
Discussion. I would like to to add before it would go to the second reading the comments of of limiting the hours from 11 to 10 and adding uh no outside live music during normal school business hours.
But I will leave it to my fellow counselors to determine if that's important or not. >> I'm I'm all in favor of no music during school school hours, but I I I really feel when when you have a resort,
limiting the alcohol till 11:00 a.m. is a little little much. Okay, Jim. I would just throw out as a compromise. Uh I like the language of no
live music while the school is open. Uh and and I think as a compromise I I also agree with Scott's uh point of of allowing the the hotel to function for its guests on on normal hours. I I I
think the live music is a much more challenging aspect for the school than to have a a very small venue open early in the morning. I'm not a big uh cocktailer at 8:00 in the morning, but if people are on vacation and they want to have a Bloody Mary or screwdriver, you know, and as long as everybody's
behaving themselves, and we have certainly we've got certain uh ordinances that and and laws that protect people and and uh the the neighbors. So, I I don't want to relitigate the Meerside project this morning. Uh I know that's a temptation,
but I I do think uh that that would be a good compromise. >> Okay. Rick, anything to add? >> Um I support your comments as well. No music during school hours and I would also say 11:00 a.m. to 10 for consumption.
>> Okay, >> John. Well, I prefer mimosas, but um I I I would agree with the vi uh with councelor Adter Hold's compromise. >> Okay. Would someone like to make a motion?
>> Anyone? >> I'll make a motion that we move ordinance 2522 to a second hearing um with Councilman Adder Holtz's addit amendment. or condition. I'm sorry.
>> Okay. Got a motion by Vice Mayor Safford. >> And I'll second that just for clarification purposes that the language would be uh that the uh Meersside uh project would not be allowed to have live music while the school is open for
business >> during school hours. >> Well, I I think I think anytime the school is open, right? I mean, isn't that when that be best? Because that way the summer obviously Yeah. >> Yeah. I'm sorry. So, did you have a Did you have a different way of saying it?
>> I I was under the assumption that while school's in session, there's no live music. >> Yeah, exactly. Yeah. Okay. Very good. >> Um, so we got a motion and a second discussion. I guess Keith, if you would take back this discussion to your applicants and to see by the second
reading, if they can have a chance to take a look at it, if they're not listening already, maybe they are >> certainly >> uh to consider some of the discussion and see what they say when they come back at second reading. I think we need to clarify a few of the the actual when we say that school is in session, does
that mean the school is in session for so many months out of the year you can't have it or does that mean when school is up when I would like to see more clarifying language for that? My intention was when the kids leave and the campus is empty then you could have live music. Not I think it could be
misread to Bill's point. You know, the devil's in the details. And if you just say, "Well, school's in session." Well, one could argue that means from this month to this month, school is technically in session. >> Yeah. I I've been told by the applicant there's no live music. So certainly, you know, move forward with the motion, but that's less of an issue than I was under
the impression. >> I I'm comfortable with that language, Mr. Mayor. If it's if it's if if the school is open, no live vis. >> Okay. All right. Any other discussion? No. >> All right. We got a motion by Vice Mayor Saffford, seconded by Councelor Adelt to
take this to a second reading on December 15, 2025 at 9:00 a.m. There's no further discussion. Councelor Safford or Vice Mayor Safford. Councelor Adherald. >> Hi. >> Councelor King. >> Hi. >> Councelor Link. >> Hi. >> And I'm an I as well. See you. See you then. >> Thank you all. See you then.
>> All right. Next is Sorry, my computer went down. I'll just do this one. Next is the uh ordinance 25-9 DA20250186 for 50 Old San Carlos. This is a quasi judicial item and is a first reading of
public hearing on proposed ordinance 25-9. If approved at first reading, a second reading of adop final adoption hearing will be scheduled for December 15th, 2025 at 9:00 a.m. or at another time identified by town council. An ordinance of the town of Fort Myers Beach,
Florida, approving or denying a home rule development agreement for the property located at 50 Old San Carlos Boulevard, Fort Myers Beach, Florida. Strap numbers 24-46-23-W3-00208.002A owned by Carlos L. Chavez as trustee for the Carlos L. Chavez Trust as authorized
by section 2-100 of the Towns Land Development Code and in compliance with the procedures for application and approval of development agreements with deviation set forth in resolution number 24-247 for the purpose of redevelopment of the property to allow a mixeduse development with commercial at the ground floor at
the ground open ground level and single family resident above providing for terms and conditions including but not limited to the identification of the proposed use of the property. a finding of consistency with the town of Fort Myers Beach Comprehensive Plan, commitments and development obligations, deviations needed for development,
providing for other clarifications as necessary, and providing for conflicts of law, sever scrier's errors, and severability, and providing for an effective date. If any town council member has had any exparte communication to disclose, please let us know the subject discussed and the identity or
the person, group or entity with whom the communication took place, any correspondence that you received or observations made of the site. Vice Mayor >> Gosh, I I believe we had a meeting gosh 6 months ago
briefly with uh Mr. Vaness um but nothing nothing recent nothing with regards to what we have presented here today. >> Okay. >> Yes. I received an email from Mr. Vaness after I was um
>> certified. >> Certified. Thank you. Yes. But before today. So I did not respond to him. Was not sure if it was appropriate. Thank you. >> Okay. Councelor Arrow. I also received an email from the neighborhood group
offering to answer any questions if we had any, but we did not have any meeting or any any contact. >> Councelor King, >> same as councelor Adderhol. >> Yep. I have the same as both councelor Aderholt and councelor King. Email, but no communication. Uh Jason Green has been qualified as an
expert already by this town council and based on his education and experience has been accepted as an expert in the field of land use planning and development in the town of Fort Myers Beach. Are there any other individuals who would like to be qualified expert witness on behalf of the applicant at this time?
We know you Patrick Vaness for the record. Uh I've been qualified. Uh but the rest of my team here we've got uh Albert Damrose who's our architect also qualified. uh lower te from our firm also who's been qualified and we have a attorney making
up the team but my understanding is attorneys do not need to be qualified as experts. >> Fair enough. >> Uh and has the property owner applicant seen a copy of the agenda backup materials from staff? Yes, they have. Go ahead, Jason. >> Jason Green Community Development. Uh as
you mentioned, it's a developers agreement for 50 St. Carlos Boulevard. The property is located in the downtown zoning district uh in the pedestrian commercial future land use category. U it is approximately 03 acres. I guess it's around 1119 square ft. Uh the
applicant has proposed having uh multi-story building obviously with a down uh the below upstairs be residential and below would be commercial use. Um the findings of the staff report conclude that is uh would be consistent with the zoning and the
future or excuse me the comprehensive plan. Uh there are three deviations included in one of your exhibits uh for the property. Let's see. And that includes uh minimum rear setbacks uh deviation
for the maximum F and to go to 2.5 and deviation for uh building edge planting uh relief from that. One couple of the comments that came from the LPA who voted 70 to recommend approval was to look at
providing some additional landscaping but maybe potted plant type uh landscaping versus in ground because of the how tight the site is and for uh the applicant to give some consideration of uh staging. U how how are they going to do staging and what does that look like? I think you're going to have that
question probably in most of your uh Times Square properties. How do they use the public rightaway and what does the town how involved is a town in the staging of construction? Um do they lease? Do they rent? Do they what you know use of that rightaway that's surrounding them? Um so that might be go a long way in helping us decide that for
future developments too. Uh this is as I said is an ordinance for the developers agreement and um as I mentioned findings uh conclusions that is consistent with the comprehensive plan development code and if you have any questions I'll be happy to answer them. The only question I have is based on the
first one we had. Is there any plans to have any signs? Does it make sense to address any of those now and not have to come back later should you decide to add a sign? I didn't see anything in here about signs. >> Maybe this is a question for you later, but I just trying to make sure we don't have to waste a lot of time to come back
later should it be approved for a sign. >> Okay. Any questions for Jason? John? >> None. >> Jim, >> not at this time. >> None. >> Okay. Scott, >> uh, just a comment. I'm I'm excited that this we're we're going the development agreement route with this. This is what,
you know, we >> the intent >> this was what the intent was and to help these little guys get get back in business. I one question I do have, uh, Jason, is if if the wave wall is built,
>> I know it's I don't not sure we should put the cart in front of the horse, but what If you're able to activate the lower part, will they have to come back and get a DA amendment? >> Uh, no. I think in this case, the the
discussion of that and the purpose of this was to I think for allow for that in the future if if allowed, right? You can't today by the rules, but if allowed then >> it's written like that. So, we >> I believe so. Yes. I think that was the is that correct? >> Okay. Perfect.
>> Right. Uh but it's a great question of major versus minor amendments to some of these things. So um that is definitely something we want to clarify moving forward in the code so that um it's not a case by case or individually based. We can have a broader uh delineation of when that happens. >> Okay,
>> it's a good point. >> That's all I have. Thank you. >> Thanks Jason. >> Yep. >> Patrick, good morning. My name is Patrick Vaness, uh, certified planner with the neighborhood company. Um, what my attorney was, um, letting me know about
is that, um, I haven't officially been recognized as an expert. Just to be, uh, overly cautious. Um, what the attorney is saying is he'd like us uh to recognize all >> I will make a motion to recognize
Patrick and his team as an expert witness in this case. >> Second. Thank you. Motion and a second. Is there any further discussion? All those in favor signify by saying I. >> I. Opposed. Hearing none. Welcome aboard expert. >> Thank you. Uh I've got a presentation. I
will um keep it brief. Uh but it's a pleasure to be here today. Um and it's a pleasure because uh we get to help a small uh business owner on Fort Myers Beach. Um, and we get to use the development agreement and why it was
intended. It was really that to help out the mom and pops and to have a process that was a a little streamline, not as complicated as ACPD and to get, uh, the redevelopment moving forward. So, um, happy to be here. Uh, as mentioned, I'm
joined by Carlos Chavez, who is the, uh, owner and applicant. Uh we also have uh Albert Damrose our attorney uh Laura Taffft planner with uh the neighborhood company and Richard Aken who is the attorney uh for this project.
So, um, as you know, the subject property is the former Killwinds. Um, and since Hurricane Ian, um, it has, uh, been in operation with a mobile
vending, uh, ice cream trailer and the intent is to move forward, redevelop the property. Um the applicant has heated um the request from the town and from FEMA to please come forward. Please address
your mobile vending use, make it compliant, address all FEMA issues, address all Florida building code issues, address all town issues, and that's what we're doing. We're taking that first step moving forward. Um so what is proposed for this property? It's
a three-level structure. Uh mixed use in nature. ground level would be the ice cream vending uh enclosed under the property. Um and when I say enclosed, let me clarify that it would be covered
uh but at this time initially it would not be enclosed. Uh the idea is and and there was a question of should there be a wave mitigation wall built. The way this is ridden would allow the applicant if he chooses so to enclose the
downstairs and uh run that business as a more conventional ice cream shop. Um the second and third floor is for a one-bedroom um single family residence and that would be for the owner and his family.
Um as your staff mentioned very small property about 1100 square feet uh located within the downtown zoning district and the future land use category for this property is pedestrian commercial.
Um we are here today asking for three deviations and that's why we are going through this development agreement process in order to get these three small issues resolved which will allow
the project to move forward. The first one is to reduce the minimum uh rear setback that is 10 ft allow a zero foot setback. Um the second one is to increase the F currently in the downtown zoning district. Uh the maximum F is
1.8. However, the pedestrian commercial future land use category allows for more F when you go through a zoning process like this. And we are asking for the 2.5 which is allowed per the comp plan. And um last but not least, we are asking for
um it was a deviation from the building edge plantings. It was discussed at at the LPA. I think initially we had requested no plantings. Uh but I think the the the compromise what was suggested and we are 100% supportive of that is to be able to use movable
planters instead. So, make it uh appealing, make it decorative, but having the ability to move those around if we need to get the trailer in and out. Um, this is a an area of the subject property. As you can see,
smallest uh property in Time Square. Um, the property is surrounded to the north and to the east by the Bella Mozzarella property. Just want to point out that Bella Mozzarella is partly owned by
Carlos and family members. Um so the reduced setback in the rear is really affecting another property that they own. That's the the uh the only other property that would be affected by that. Um to the west we have the Times Square Plaza and to the south was the former
Platka restaurant. Um these are renderings of the proposed building. As you can see uh downstairs open space for the um vending mobile vending trailer. Above
that the residence uh the design is coastal in nature and this has been completely designed and um if you want more detail Albert can provide those but with firewalls and everything prepared for accommodating future development
around the property and making sure it fits in and also that it it's built properly to meet all fire ratings and all the uh code details. Patrick, if I could, you touched on something that you may get to later in your presentation, but I thought this would be a good time
to ask it. It's more philosophical, and maybe Albert wants to opine on this as well, but you know, as an early entrance into rebuilding Time Square, what you're proposing is is is will impact the surrounding properties and there has to be some kind of a
symmetry or synergy between this particular property and the rest of the Times Square development. How do you do what is doing what you do and what Albert does what he does how do you how do you make sure that that this particular proposal will work well with
a lot of things that are coming forward and some of them haven't come forward yet. How do you how do you how do you work that as a planner and an architect? So as we look at the bigger Times Square puzzle. >> Yeah. Um as you know um we have worked
with the property owners uh for Times Square on conceptual plans. Um I what we developed there was very coastal in nature um with a lot of architectural variations and balconies.
um a lot of coastal architecture with horizontal sighting and a mix of uh facades. So we we we have a general idea of um what the vision is from those
neighbors uh moving forward. Uh we also look at the code and the architectural requirements in the code and what we've presented today is consistent with that uh broader vision. Um and also we've had discussions with staff. I think
initially the um the design that was uh presented at the pre-application meeting was a lot more contemporary in nature. Uh there was a request to make it more coastal and that's what we've done and I think with this design it would tie in
very easily with what's going to be coming forward uh from the other property owners. >> Thank you. Um quickly going through the various floors um and and the general layouts as
you can see th those are the um the development footprint of the building um roughly 1,000 square ft area for the mobile vending trailer and then some seating around that. We see the stairs
going uh up to the second floor and under the stairs is where the um garbage containers would be enclosed and rolled out um with with um on the pickup days. Um this is the second and third floor.
Uh again, we've we're asking for an increased F, but what I'd like you to to understand is that even at 2.5, this only allows for a very modest uh residential unit. Um as you can see, second floor is kind of the living area,
kitchen, living room, bathroom, and upstairs relegated to one bedroom, uh a master bedroom up there. So again, very modest home and it's a small footprint and they're trying to do the best they can with that very small footprint. Um
this is the uh development agreement, the regulatory plan that goes with the ordinance. Um no need to really go into any kind of detail, but it does contain maximum F square footages, that type of thing. Um this is a graphic that we uh
discuss a little bit with the LPA. A lot of times people do not understand what is meant by floor area ratio. Um this is a very good graphic explaining what is calculated in that F. Albert did a great job. So everything you see in in in that
pink purple color is the volume that we calculate. Um and we have a maximum F. we calculate all those areas and we uh meet uh the maximum of 2.5
um and as as mentioned um and we've discussed that in other projects I'd like to point out that even if the downstairs is open we still have to calculate that as part of our F um this is um an elevation of the
building and it was provided in the application packet to demonstrate that we meet uh height requirements. Um we've provided both the zone height and the overall height of the building and we meet those requirements. Um
last but not least, uh like to reiterate that we went to the LPA, we got unanimous recommendation of approval at the LPA. Um staff has recommended approval. When we were at the LPA, some little verbiage changes were discussed uh for that development agreement. Our
attorney went uh I think back and forth once or twice with Nancy uh to agree on that language. We were all in agreement. Uh however, the revised language did not make it in your packet. I've got copies for everybody here. Happy to hand those
out and our attorney can walk you through those changes. So, I want to emphasize that Patrick is correct. Um, I agree with his representation that was made. Um, just so you know that there was a little bit of back and forth um, internally trying to get this uh, and
meeting the agenda deadlines. Um, the importance of getting it to you at today's meeting. So, um, I think if Mr. Aken can just run through those for you. Um, I don't recall having any objections to them.
Good morning. >> Morning, Mr. Mayor, council members. For your record, Richard Aken here on behalf of the applicant. So, just to run briefly through the the red line changes uh in the development agreement. If you look on page two, you'll see the first one. It's a square footage change
because there was a a typographical error. So, it was from 2787 to 2797. It's just to reflect the accurate square footage. Can you see it? It doesn't actually show on here, but >> Okay, that was approved last time. Got
it. Okay. >> So, I think it starts on page three then. >> Yeah. So, we're under seven uh which is landscape. So, the OPA asked us to add language requiring that the developer will provide decorative plants to be located in movable planters/plots at the
pots at the time of develop our building permit. So, we made that language change. If there are any questions about it, be happy to talk about it further. >> I did on this >> next change is uh on page five of 16 which is in part of uh it's in the part
of paragraph five, the very last part there. So it provides that in the event of new or additional facilities are needed to serve the project, the developer will bear its proportionate share of the cost of such facilities to be constructed consistent with the dual rational nexus test. and we deleted some
language there and just sort of rearranged it. So the idea is u we took out the burden of and we just put in its proportionate share. Uh Nancy had the dual rational nexus test which that's basically what it provides. We just wanted to clarify it. So again uh the owner of the property here has no
problem in the event a wave mitigation wall centralized drainage plan something like that happens he has no problem paying his proportionate share. Just wanted to reiterate that it would be the proportionate share. Um what I did here on the the second part where we took out some language was simply there's this
discussion about uh to provide a schedule to the town to asssure that the public facilities and services will be available concurrent with the impact of the development. I don't think we have any idea what it might be like theoretically what might need to be there. The idea is that the owner wants
to go ahead and move forward. So in paragraph 7 there's a requirement that we obtain the building permit and all the other permitting. So, if there's anything that has to be done in order to permit it, they're going to have to do it before they get that permit. The idea is this language just seemed like it could possibly be the basis for a catch
or a holdup uh at some time in the near future and didn't seem necessary in in light of the required permitting that's in paragraph 7. So, that's how we got there. In paragraph 7, you'll see that there's the underlying language governmental permits that may be needed. Only reason
we wanted to add that is I think there there are some permits that I don't believe will be necessary for this project, but there may be exemptions from those permits from the permitting entities. So, we just clarified that. And we also added in below in paragraph 7 to say in the event a permit listed
above is not required by the authority having jurisdiction to issue the permit, the developer will not be required to obtain the permit. Just pretty straightforward. Um, next we're on to paragraph 12. Uh we originally I think we had in our draft of the development agreement the option
of the developer to terminate it uh before if if no work ever begins. If in this case the owner never gets anything going decides he wants to terminate the development agreement and it would of course revert back to the existing zoning what's allowed today he would do that. The question that you would all ask is well why might he want to do
that? Probably the only realistic reason I could think is if there's some cohesive centralized development plan that comes in for those buildings down there in Times Square. That would mean that he could just terminate it, go with that cohesive plan, which I'm sure would probably be a PD coming before you anyway, and wouldn't require him to come
back through a process to terminate the development agreement. But it does very specifically provide that notwithstanding the foregoing in the event of termination, developer will not leave any improvements in an unsafe condition. That's just there to catch and make sure that we've covered our bases. So,
>> this is supposed to have the address. >> Nancy, I believe that was all I had other than there was one other additional email ID sent you where there was just language in here clarifying that everything had been reviewed and was consistent and found to be consistent by the town with the comprehensive plan. I think that inadvertently got taken out. So, we'd like to add that back in which is
probably both for best are best for both parties. Happy to answer any questions you might have. >> Yes. And I would just add um in paragraph 13, we'll put some addresses in there um for the respective parties who are to receive notices.
And I think that that is all. And I apologize for the mixup. >> No, not at all. >> The only thing I want to bring it back up again is the the signage thing. I know number four in here is basically saying any signage you got to come back in to me that why wouldn't you want to address what you would potentially think
you'd need now instead of having to bear the cost and the time to go back through this again. >> We've looked at the uh signage issue. Uh currently the code allows for a 32 foot sign. Um that's that's good with the applicant and he's discussed it with the
uh the designer with Albert and they can make the 32 feet work. >> Okay. Any questions, Scott, for you? Is there the end of your presentation? >> Um, last thing, um, in my professional planning opinion, this is consistent
with the um, comp plan and with the land development code. And, um, we are happy to answer any other questions you may have. >> Scott, questions? >> Not at this time. >> Rebecca, >> none. Jim, >> just briefly, Patrick, curious if you if you could share the timeline for
construction and have is someone in the note, do you have any knowledge that you could share as to what the plans are for the Placa? >> Um, I I will let Carlos address the details, but my understanding is Carlos wants to move forward as soon as possible. He's
going to have to go to the through the development order process next and get his permits. Uh also he is looking at different construction methods obviously uh any construction on this island is very expensive especially in a vis zone
especially in time square. So he's working very hard with Albert to look at how this could be constructed and trying to do it as quickly and as efficiently as possible. >> I thought you definitely avoided my other question. Have you heard any rumors as to what's going to go next
door at the block? >> Uh nope. Okay, that's fair. I did not know. >> That's fair enough. Thanks. >> Okay, thanks, >> John. >> Nothing. >> Just a quick question, Patrick. Have you guys given thought into obviously the construction is going to take time and
it's going to take space and have you worked with the town or has the town got anything in place to we're obviously going to have to shut some of that time square down to be able to allow construction to happen? It's going to have to go into the public rightway, I'm assuming, to fence it off to do construction. Have those conversations
been had yet as to how you're going to do that staging things like that? >> You don't necessarily have to answer now, but maybe before second reading. >> No, we we have not had those discussions yet. I know that's something that Albert has given thought to and uh he's going
to try to find best solutions possible. Obviously, space is limited, so timing is going to be important and also might be some agreements with neighbors as to where materials can be staged. Yeah, I'd like to see that discussion as I've been thinking about these projects, you know,
going forward. One of the things I'd like to see us do in the future is, you know, conditions of approval is you have to maintain your site. >> I don't know if you recall, but about seven years ago, eight years ago, we were having the same conversation as as the infill lots were filling up. Nobody was able to use a lot next door anymore
to stage construction. And that's usually how that was being handled on the residential side. U I I foresee that again becoming a problem as obviously we filled in back what was there. Uh, but especially on the commercial side, you're right. That's a conversation the town needs to have. What we're going to do with Times Square especially, I
think. >> Okay. Albert, >> good morning. Still, Albert Damro, C8. Just for the record, um, to kind of discuss that it's basically have to be a community effort, honestly. Um, as we
are moving forward into the next phase, which is a site development permit, even though there's not much of a site as opposed to any other site that has land around it and parking lots and landscaping, being in an urban area is a lot more challenging. Uh, what I mean by
community working together is I would reach out to Frankie and ask for public works records of what's the infrastructural um that's under Time Square. >> Uh, one of the things that are these builds are taller. I know at one point I'm not think sure when the Times Square utility upgrades were going to take
place. >> So it's a whole chicken and the egg kind of a conversation. I think we're all going to have to be transparent and open as far as who's going first. We are starting to review some of those infrastructural diagrams. I will say in older parts of towns, older parts of areas, older water pipes will lead to
restrictions to taller buildings that are bigger. We have fireflow um with conversations with Jennifer Campbell with with uh city town for Myers Beach Fire Department already uh when we first started to design this project and we talked about firewalls and all that nature um but authority having jurisdiction is going to have fire
sprinkler regardless any building whatever size it is in time square and that makes sense to me my industry my years of experience dealing with an urban situation and the stereo not drivable into there and you have pedestrians that's going to be authority have a jurisdiction requiring fire
sprinklers because at the time and accessibility there. With that comes FDC, fire department connections, waterline. So the question is if Times Square was already updated, it would be better. If it's not, we're going to have to work in cohesiveness to worry about these things. >> Well, yeah, you're bringing up another
point, but that wasn't the point I was trying to make, but I totally understand what you're saying, and I think staff gets what you're saying, and you'll have to work together. I'm talking about what you can't see above the ground. it. My guess is these are probably going to run around the same time as construction of the pier happening and maybe another
project. >> So I'm talking about actual construction, staging, skid loaders, scaffolding, all those kind of things >> definitely as well too. I think Carlos had other ideas u mod different options we have from even a modular standpoint building there. It's just we have to
work those details out and construction obviously as a traditional build takes a lot more resources. If you saw in beach bar and construction in any urban area, you sprawl out, you know, salty crabs having that logistical coordination right now, it does make things challenging. I think there's always a solution to all these things. Just like
I said, working together, everybody. In fact, it'll be obviously interesting if what happens next happens with timing. It's a whole working together honestly because our foundation system needs to be designed to be able to handle a building next door being built as zero
lot line with a brand new foundation system. so that their system going in doesn't affect our system. Same thing what I was saying the underground system that we know where those are going so we can design around them. If they're not ready to go in yet, we can work with the town to put those in place. That all
leads back to logistical and the site what needs to take place and when's the best time to start construction. So while we're walking through contractors, we have these con we've had these logistical construction meetings and discussions so far. Yeah, if memory serves right, I think back we had some
sort of brief plans. I don't know if they were permit ready plans for the infrastructure in Times Square before the storm hit, but I don't know if they were permit. >> There was water line replacement and paver replacement. >> Storm water replace and that was going to show where each building at the time could tie in >> to the storm water. >> Then you had a way mitigation wall in
the future. Um, since there isn't a design yet, what does that do to the pedestrian walk-in level and how does that interact with the entry to the actual businesses that's on grounds, even if they're not enclosed just yet? Again, it's it's a lot of master plan
going on. So, whoever goes in there first is kind of setting up the the benchmark for everyone to follow. So, you want to make sure they're setting it up correctly. So, not just helps them, but works well the rest of the town square. Sounds like you just put some pressure on yourself.
>> Not enough pressure, you know. >> All right. Thanks, Albert. >> Thanks. >> Any other questions? All right. Public comment. Does anybody like to speak in public comment? All right. Seeing none, I'll close public public comment. I'm assuming you
have no rebuttal questions. I'll now close a public hearing. Request a discussion or a motion from town council to approve. to approve with conditions or deny with reasons or a continuence to a time certain. Is there a motion? I will move to
approve ordinance 25-19DA 202250186 50 old San Carlos to move to the second reading on December 15th at 9:00 a.m. 2025.
I'll second. Have a >> motion by Mayor Aller, seconded by Vice Mayor Safford. Any further discussion? I'm an I. Scott. >> I. >> Rebecca. >> I. >> Jim. >> I. >> John. >> I. >> The motion carries unanimously. See you next month.
>> All right. Next is item D. This is a resolution. This is resolution 25-320. SEZ20250228 1741 Estero Boulevard. the goods. This is a resolution of the town council of the town of Fort Myers Beach, Florida, approving approving with conditions or
denying special exception SEZ20250228 to allow consumption on premises cop and an outdoor patio at third floor within 500 ft of dwelling units for the property located at 1741 ETO Boulevard generally identified as strap number 1
19-46-24-W4-0080B. B.0010 and providing for an effective date. Jason >> uh Jason Green Community Development. Uh yes, similar to some of the others you've had today. It's a special exception for >> Do I need to do exparte on this?
>> Yes. >> Oh, thanks. >> All right. If any town comments council member has had any exparte communication to disclose, please let us know the subject discussed and the identity of the person, group, or entity with whom the communication took place, any correspondence that you received or observations made of the site.
Scott, >> I've had multiple conversations with uh Graham uh the owner, and uh I've received several emails this week totally in favor of of the the proposal. >> Okay, Rebecca? >> None. Jim,
>> I have received a number of emails in support of the proposal. >> John, >> likewise, >> I have also received the same emails. >> Uh, Jason Green has been has been qualified as an expert witness already by the town council based on his education and experience. Has been
accepted as an expert in the field of land use planning and development of the town of Fort Myers Beach. Are there any other individuals who would like to be qualified as an expert witness on behalf of the applicant at this time? Yeah, Cara, come on up. Carara Stewart,
I have been sworn in as a before. Do I need to do it again? >> So, I believe you were sworn in today, but you have been qualified. Uh, I think everyone knows Cara um as an expert in land use planning in the town of Fort Myers Beach. >> Correct. >> Yes, you're good.
>> Okay. >> Nancy says you're fine. We're good. All right, Jason. >> Uh, yes. Uh, the application is before you uh simply for the outdoor patio area for consumption on premise uh in the outdoor area. Uh, in the last year, the
applicant has changed the uses internally. Um, and I believe the the story that we're talking about the floor is going to be a beachside arcade and pizza. Uh, so a restaurant which are allowed to have the consumption on premise inside. It's just the outdoor patio area that's servicing that floor.
Um it requires the additional consumption on premise and special exception. Uh the LPA reviewed it and voted 4 to1 recommended approval and there was a couple my modifications to the conditions uh including eliminating the word amplification in condition three replacing a condition four with
the hours of operation from 10:00 a.m. to 10 p.m. Uh staff report has identified the findings and and found that re recommend approval with conditions because it's consistent with the comprehensive plan development code. Uh there are other variances, other things that have gone along with this property and those were approved by the
LPA uh related to parking. That was simply a mathematical exercise because the change in use require the additional parking on paper. They already have been approved on their site plan for a certain number of parking spaces. And so um it was just basically doing the math on the variance to be consistent with
what they're going to provide on site. Um and with that, if you have any questions, I'll be happy to answer them. >> John, any questions for Jason? >> Nothing. >> Jim, no. Rebecca, >> none. >> Uh, Scott, >> not at this time. >> Thank you, Cara. >> Good morning.
>> I'm here on Cara Stewart on behalf of the owner of Belger Properties. As staff has commented, we are here asking for outdoor consumption on a patio which is on the third floor. The access to this patio is by a single door, a double door
actually, I think a sixoot opening. The intention is to allow patrons that are coming to the facility to enjoy some family games. It's a family arcade, have a bite to eat, and enjoy a glass of wine or a glass of beer out on the patio. We
are in the pedestrian commercial land use category, which is primarily a commercial category, although we do abut residental neighborhoods in the rear. The facility is located so that this patio is to a sterile boulevard
providing for that structure to provide buffer to the neighbors in the rear. Um at this time staff has recommended the conditions that we adjusted at LPA. We are in favor of them and we have no objection to them which is limiting our
hours and any music to be um entertained with I guess I should say. I'm here to answer any questions you may have. Scott, any questions for Cara? >> Not at this time. Rebecca, >> none. >> Jim, >> Cara, this may be premature, but there's
a lot of excitement about this particular pro proposal, particularly people with families and people are looking for things to do. Can you just give a little bit more color as to what will go on at that? People get the hardware store. They have a wonderful hardware store, but but in the family arcade and and in this uh this area
above, can you just give a little more color so people know what to expect? Sure. The third floor um the Belchure family as as it says is a family. So I was as things were moving along on the beach and more and more and more residential units were being approved.
The original application was for a hotel um which we've changed now to a family entertainment center which will be games for children of all ages. This is not in any way, shape or form these gambling arcades. This is strictly a family fun
entertainment center. We are regulated by statute as well as DBPR as well as the beach. Um, so it will really be the intention is is that we're creating a place where at the end of the day, hey grandma, where are we going to go do now? Well, we're going to go play some
arcade games. We're going to go do something else other than be on the beach. It is the intention is to serve some food. only going for a 2 cop which is beer and wine only. So we're not anticipating that other bar atmosphere.
We are regulated by um we must maintain I should say a 51% food to 49% alcohol ratio. Um we're really looking forward to it. It's kind of exciting because it will be offering something new to the beach that we have not had before in
that element of a family fun center. >> Very good. Thank you, >> John. >> None. >> I do not either. Thanks, chair. Public comment. Anyone like to speak? Public comment. All right. Seeing none, we'll close public comment. I assume you have
nothing else you'd like. >> I have nothing else. >> Okay. Now, we'll now close public hearing and request a discussion or a motion from town council to approve. Approve with conditions or deny with reasons for continuence to a time certain. Is there motion or discussion?
I will move to approve resolution 25-320 SEZ202 uh 5 02281741 is serv the goods to move to second reading on December No, this is a resolution. I lied. I just approved. I'm just
>> We're just done today. >> We're good. Yes. So I make a motion to approve. I'll like that. Thank you. All right. >> I'll second. >> All right. Motion by Mayor Ellis, seconded by Council Member Safford. Uh yes, >> I will amend my motion to reflect the
conditions as stated >> as provided. Yes, in the resolution >> as provided in the the staff report. >> I will amend my second accordingly. >> All right. And I will amend my second to being council member Adhold. Any further discussion? I'm an I. Council
>> I. >> Councelor King. >> Hi. >> Council Link >> I. >> Vice Mayor Adhalt >> I. >> Motion carries unanimously. Thanks. >> Thank you. All right. Next is item E. This is ordinance 25-24, impact fee study and land development
code text amendment to article 4 impact fees. This is a legislative agenda item is the second reading of public hearing on proposed ordinance 25-24. This is an ordinance of the town of Fort Myers Beach, Florida, adapting an impact fee study dated August 25th, 2025 and
prepared by Access Infrastructure and DP Guthrie LLC amending article 4 entitled impact fees in chapter 2 entitled administration of the town of Fort Myers Beach Codem ordinances to one incorporate updated information contained in the referenced impact fee study. Two, reduce the number of impact
fee categories and specific uses. Three, it changed the method of calculation of fees for single family homes from per dwelling to square footage range to reflect the typical impact of larger homes. Four, reduce the amount of fees based on updated population and pro
project expectations. and five providing for an update every four years payable from collected impact fees providing for other clarifications as necessary providing for conflicts of law scriveners error severability and
providing for an effective date Jason >> Jason Green community development access infrastructure um yeah so before you obviously is the proposed impact fee study uh to it reflects essentially uh the culmination of evaluating the town's infrastructure and and future needs uh
related to mobility and parks and recreation. Um and as you mention mentioned four to five years we have to update that study to remain consistent and um compliance with state law. Uh and that'll offer you also opportunities to uh evaluate future infrastructure projects. It matches up pretty well with
a with a a 5-year CIP cycle that you normally would do uh on an annual basis. So um I know we have a new member that may have some more questions. uh wasn't here for the first one, but if you have any questions about the impact fee, I'd be happy to answer them. And we believe it'll be easier uh to implement and and
administer um and cheaper to administer in calculating the fees. >> Vice Mayor Safford questions for Jason? >> No, nothing's changed since the first reading. Correct. >> Correct. >> Okay. Go ahead. >> I do, Jason. >> Yes, ma'am. >> So, I hope I'm not annoying with my
question. Some of it may be learning curve. Um, I'm looking at section 2-311, refund of fees paid. And it was on page 228 in our packet. And it says that um,
you know, we would refund the the fee payer at a rate of 6% peranom. Boy, do I wish I could get 6%. I wonder if if okay that is marked in stone or it
can be somewhat flexible to you know some other economic factor >> just so we're not paying more than we're able to earn on our money. >> Sure. Yeah, I think that's a fair question. It could uh we could we can amend that to be basically interest earned
not not necessarily a set percentage. Is that what you were? >> Or even a a point over prime or something, you know, if we're administering it, we can make a few bucks or just so it doesn't cost us money, >> right? So on the impact fees, uh, it used to be a percentage of a fee that we charge and now it's a dollar amount, but
you collect that coming in going essentially. Um, but and to your point, um, so that we don't get to keep it all, but we get a fee that reflects the cost of >> doing the administration of it. Correct. >> And that's it. And that's what's also b that is baked into the the fee overall. If you see that there's an
administrative fee component that makes up the total fee for each of those um items, but we would collect that fee coming and going, >> right? >> Um >> and this is just on the interest. >> Yeah. So we I I think that to your point that could be mod that can be modified here for that for the final ordinance. Yes. >> Thank you, Jason. That's it,
>> Jim. >> I I think it was pretty vetted the first reading, so I'm I'm comfortable. Thank you. >> Okay, >> John. Nothing additional. >> I have nothing additional either other than what you had brought up. That was a good catch. >> Any further discussion?
Oh, public comment. Would there anyone like to speak in public comment for the impact fees? >> No. >> All right. Seeing none, we'll close close public comment. I will now close the public hearing and request a discussion or a motion from the town council to approve, approve with conditions or deny with reasons or a
continuence to a time certain. discussion or a motion. I will move to approve ordinance 25-24 impact fee and land development code text amendment to article 4 impact fees. >> I'll second
>> with the amendment >> with the as with the proposed amendment >> with the proposed amendment. Yes. >> Motion by Mayor Alice, second by council member Link. Any further discussion? I'm an I. Rebecca >> I. >> Vice Mayor >> I. >> Jim >> I. >> John.
>> Hi. That motion carries unanimously. >> All right. Item F we rescheduled which brings us to item G. This is a legis legislative agenda item. This is ordinance 25-27 certified recovery residences.
This is legislative agenda item is the first reading and public hearing of proposed ordinance 25-27 if adopted at first reading. A second reading and final adoption hearing will be scheduled on December 1st, 2025 at 9:00 a.m. or at another time identified by town council.
This is an ordinance of the town council of the town of Fort Myers Beach, Florida. One, establishing procedures for the review and approval of applications for reasonable accommodations needed to operate certified recovery residences from existing land use regulations in new section 34-204
in division 4 applications and procedures of article 2 zoning districts and standards and non-conformities of chapter 34 as mandated by section 397.48715A 48715A Florida statutes and two amending section 34-232
required hearings or deviation 5 public hearings and review of article 2 zoning procedures of chapter 34 zoning districts design standards and nonconformities to require only one public hearing before the local planning agency LPA for approval of applications
for reasonable accommodations to operate a certified recovery residence as provided in section 34-204 if the decision by eligible members of the LPA is unanimous and the town clerk does not receive a request from an additional public hearing before the town council from anyone including town
staff within 10 days after the LPA decision providing for codification severability scrier's errors conflicts of law and an effective date. Jason. >> Uh yes, Jason Green Community Development. It's a text amendment to the land development code. You read all that great stuff uh to allow for a
process for reasonable accommodations uh which is mandated by state law. Now I believe we have till January one, right Nancy? Or yeah, January 1 to adopt these uh regulations to provide for those. And it follows a streamline process that you've already adopted for other similar
uh variances of our applications. >> And so if you have any questions, I'd be happy to answer. Scott, questions? >> Not at this time. >> Rebecca. >> Yes, I do. >> Jason, um, and perhaps maybe Will can speak to this. Since this process is
going to change, I'm wondering if this is something we can communicate out to the town just so they know they're uh they may be used to two LPA meetings and now there's going to be one. It's for the good of them, but we want to make them aware. So, if we can communicate this,
>> we certainly will. >> Thank you. So I think that's a great thing. Thanks. >> Anything else? >> That's it. >> Jim, John, >> it's pretty much cut and dried with the mandate. So I have no further questions. >> All right.
>> Y public comment. Anyone like to speak in public comment? Seeing none, I will close public comment. And now I will now close the public hearing and request a discussion or a motion from town council to approve. to approve with conditions, deny with reasons, or a continuence to a
time certain discussion or a motion. I will make a motion to approve ordinance 25-27, certified recovery residence going to the second reading on December 15th at
9:00 a.m. >> I'll second. >> All right, I've got a motion by Mayor Allers, seconded by Council Member Adhalt. Any further discussion? I'm an I. Man, >> councelor Kane. >> Hi, >> Councelor Link. Hi, >> Vice Mayor Safford. >> Hi. >> Motion carries unanimously.
>> Next is our administrative agenda. Does anyone need to take a comfort break before we get into this or we want to just keep power through? Yeah. >> Yeah. >> All right. We'll take a 10-minute break. We'll come back about 12:00. We're going to call this meeting >> Hold on. We're going to call this
meeting back to order. We got one item that I missed that we have to walk on the FPL. So, we'll do that first. This is a resolution of the town council of the town of Fort Myers Beach, Florida, authorizing the mayor to execute the first amendment to the statement of work with FPL Energy Services and Inc.
amending section one and providing for an effective date. >> Mr. Mayor, >> thank you, Mr. Mayor. I'm going to defer to Mr. Jeff Hoggy, community services director for details. >> We are good afternoon already. So, that's good. So, Jeff Hoggy, community
services director. uh town of Fort Myers Beach. Uh this one is just a document that FPNL needs us to to approve. Um you all know the lighting project is happening right now. We did have to switch over some poles to the other side of the street or move locations which
aren't weren't part of the approved um plans. So they just need this these official um locations to be approved by you so we can do the asbuilts after. So, it's just a matter of the the ones that we've either had to move from residents front of residents houses or move for
whatever reason. There's only a few of them um that we had gotten asked to do that. So, um it just needs to go on the record as you approving those locations um to go forward. So, no no money attached to this at all. It's just the locations of the actual polls.
>> All right, John. Any questions for Jeff? >> None. >> Jim, none. >> Rebecca, >> none. >> Scott, >> none. >> Thanks, Jeff. Thank you. >> All right. Is there a po a motion to There's no resolution number with it.
>> No, for the the walk- on >> the FPL. >> 25-326. >> What's this one? That's 300. >> There it is. >> Oh, there it is at the bottom. Yeah. Yeah, I got it. I got it. >> All right. Resolution. >> I'll make a motion to approve resolution
25-326, amendment one to FPL scope of work. >> I'll second. >> A motion by ML, seconded by Vice Mayor Safford. Any further discussion? I'm an I. Uh Scott >> I. >> Rebecca
>> I. >> Jim >> I. >> John >> I. >> That motion carries unanimously. Next is a resolution 25-300 charter review commission unexcused admittances. This is a resolution of the town council of the town of Fort Myers Beach amending and restarting or
restating resolution 25-30300 to include guidance regarding unexpected absences of any individuals serving on the town of Fort Myers Beach Charter Review Commission and providing an effective date. >> Scott, >> uh, Mr. Mayor, it's actually un unexcused absence.
>> Unexcused. Did I say excused? Unexcused. Thank you. Um, so bas basically as as just to bring you up to speed, Rebecca, um, we're going through the charter review right now and you know that's going to be voted on hopefully in the next election cycle, but we have we go
through a pro process and as as we uncover things that don't necessarily need to be voted on, we we find things like how we deal with um excused absences, how we, you know, we we come up with different different things that can be not in the
charter, but we can I bring it to council and we can, you know, either a resolution or or what have you. So, it's going to be every month we we meet on the first Tuesday of every month. So, our first meeting um went well and we didn't really have a process to we've
got five people on on the board and and two alternates. So, we we needed to codify how how the alternates work. Now, after our last meeting, we're like, well, h how are we going to deal with unexcused absences? So, it's really bringing everything in line with with the other
with MURF and with LPA and and all the other advisory committees. So, it's nothing really spectacular. It's just bringing it's just codifying how we work with those other committees or how the how their rules are. >> Perfect. Can I add a little bit? >> Yes. Um so this particular resolution is
amending and restating 25-300. So the resolution 25-328 includes all the information from the prior resolution with some underlining as to what is now different. And this
way we have it all in one document as opposed to having a resolution 300 and then a separate resolution that amends it. So it brings it it brings it all together. The operative language is um
on page 422 of your packet and it basically says in the event an appointed CRC, which would be charter review committee or commission member or appointed alternate member has two unexcused absences from a
scheduled CRC meeting as verified by the town clerk's attendance records. the individual shall be subject to removal from the CRC upon notice to the town council. So, the town council has the authority to appoint and so the town
council would have the authority to remove. Um it is not an automatic removal. Um if the clerk says, well, they have two unexcused absences, it would actually come before you. that gives them the opportunity to also come
before you and explain why uh they were unable to meet the meeting. Um bear in mind that this particular committee is somewhat temporary and short-termed. Um they have to have their work completed I believe by April. So, if you do miss two
um if you do have two unexcused absences, it really puts that commission at a disadvantage by not having the interaction and input from that individual. >> Very good. Any questions for Scott, Rebecca? >> Nope. >> Jim?
>> None. >> John? >> Nothing. >> Okay. Is there a motion to approve resolution 25-328? >> So moved. >> Second. A motion by Vice Mayor Safford, seconded by councelor Aderhalt. Any further discussion,
Vice May Safford, it's going to take a while. Tip jar over here. >> Yeah. Uh I >> Council member Harold, Councelor King, >> I councelor Link, >> and I'm as well. >> It's going to take a little getting used to. Uh, next is resolution 25-321 RFQ-24-06-
A miscellaneous ongoing professional services additional five firms. This is a resolution of the town council of the town of Fort Myers Beach, Florida, approving five individual professional service agreement with the following firms which were negotiated by town staff as directed by town council on
August 18th, 2025 in response to RFQ-24-06- entitled Ongoing Miscellaneous Professional Services. One, Blot Engineering, Inc. two, Forefront Architectures and Engineering LLC. Three, Professional Services Industries,
Inc. four RG Architects PA, five RWA Engineering, authorizing the town manager to execute an agreement with each of the top ranked firms for each category of work within the request for qualifications and which were successfully ne negotiated and providing for an effective date.
>> Mr. Manager. >> Yes, sir, Mr. Mayor. More great work by the staff as they continue to work through our rolodex of professional service contracts to uh negotiate good uh contracts for the town. this uh we are now at 23 approved if the council
votes so today for these four 23 out of 32 making good progress. >> Very good. Scott, any questions for Will? >> No. >> Rebecca. >> Will I have one question? Um is there a form somewhere where I might
see a matrix on how they are evaluated by your staff? Um is there anything that says uh price has to be weighted as the highest and they can go from there? Just kind of the guidelines. >> We can provide councelor link we can provide you with the staffing uh or the
the method and the the score sheets and stuff that our boards use. >> Perfect. Just generically thank you >> Jim. >> None. >> John, >> nothing. >> I have nothing as well. There's no further discussion. Is there a motion for resolution 25-321
RFQ2406 AD for ongoing professional services? >> Mr. Mayor, I move approval of resolution 25-321. >> Got a motion by councelor Adderhol. >> Al seconded by council member link. Any further discussion? >> Councelor Edold
>> I. >> Councelor Link >> I. >> Councelor King >> I. >> Vice Mayor Safford I. And I'm as well. That motion carries unanimously. Next is resolution 25-325 fiscal year year end budget adjustment
and ratification of $43 NTE for Scully's aluminum boat. This is a resolution of the town council of the town of Fort Myers, Beachley County, Florida, approving a year-end budget adjustment for fiscal year 2025, ratifying a $43 increase in the not to exceed amount of
$120,778 to $121,181 for the purchase of an aluminum boat for Scully from Scully's Aluminum Boats, Inc. and providing for an effective date. Joe, okay, >> before Joe starts, just uh yeah, if if
if approved by this a modest increase we need for the uh uh purchase of the of the boat, but if approved today also uh Curtis and uh and a member of his team are going to be heading out to pick up the boat, you know, uh tomorrow and and bring it back to us. So, we're gonna >> Very good.
>> add add to our fleet. >> Joe. >> Okay. Um good afternoon, Joe, finance director. This is really a housekeeping item. Um, as as the there was an original well, let me go back to the
beginning. So, last November 2024, um, the town had collected an unbudgeted code enforcement lean of $725,840. Um later in the year it was determined that the purchase of a new aluminum boat
in the amount of $121,181 to service the Moringfield maritime and code enforcement operations was in the best interest of the town and that it was to be funded out of that unbudgeted code enforcement lean revenue.
The actual purchase of the boat was authorized by the town council in June um with resolution 25-91 and it was for a not to exceed amount of $120,778. Um after that was authorized, there was
an additional expenditure of $43 that was deemed necessary to fully equip the boat. So basically then this resolution is just going back to ratify that um change in price that increase of $43.
So it's bringing the total amount from $120,778 to $1218 I'm sorry $121,181. At the same time, um, back when the, um, boat was originally authorized to be purchased, there should have been a
budget adjustment, um, as part of that resolution, but, there wasn't one. And so this resolution now is including that budget adjustment which will actually recognize the revenue that was brought in by that unbudgeted code enforcement
lean collection of the $725,840. Um, and then of that amount, $121,181 will be transferred into the capital fund to fund the purchase of the boat, leaving the remainder to go into the reserve. So, those are the two items. Again, it's just to correct the purchase
amount by $43 and then record the budget adjustment for that entire amount. >> Thank you, Joe. John, any questions? >> Yeah, I guess I want to see uh some clarity. Is this I'm trying to remember is this boat was originally purchased
because of the stolen boat or was this something altogether different? >> Joe, let me help you with that because that came up at the Anchorage Advisory Committee and it's a good question, John. The uh this boat, the boat that's being acquired here that Joe is referencing has a different purpose and
function than the boat that was stolen as I was told by our harbor master. So, if that's helpful for clarification cuz I I had a similar question. >> I guess it it doesn't really clear it up for me. But, um because now we have a getting back to
the fleet, we have the boat back originally. So, uh and we had insurance money for that. But, uh I guess it was always my understanding that that was the original intent was that this replaced that boat. It gave us this boat gave us extra options uh and
capabilities. Yes. Thank you. Um than the boat that had at one time been stolen. >> That that is correct. It it increases the cap our moing and moing ball field capabilities and others that Curtis and
his team can do. But yeah, this was it. I I wasn't here, but I imagine the decision was made when the previous boat was stolen. Um, now we have recovered it >> temporary >> and it's in the process of uh being made seaorthy again. So
>> I think that takes care of it. Thank you, >> Jim. >> Nothing additional, Rebecca. >> Nothing, >> Scott. >> Nothing. >> Thanks, Joe. All right. Is there if there's no further discussion, is there a motion for resolution 25-325 for fiscal year and budget adjustment
and ratification of $43 not to exceed for Scully's aluminum boat? So moved. >> Got a motion by Vice Mayor Safford. >> Second. >> Beat you to the punch. Seconded by Council Member Link. Any further
discussion? >> Vice Mayor. >> I. >> Councelor Link. >> I. >> Councelor Adhalt. >> I. Councelor King. >> I. >> I'm an and I as well. That motion carries unanimously. Next is resolution 25-327, special event 35th annual sand sculpting
championships. This is a resolution of the town council of the town of Fort Myers Beach, Florida, approving during the American Sand Sculpting Championships from 10:00 a.m. Thursday, November 20th, 2025 to 5:00 p.m. Monday, November 24th, 2025. 1 open containers of alcohol in public areas is provided
in accordance with 16-03 section 22-G. Two, waving the standard vehicle permit fee for vehicles on the sand. Three, directing non- enforcement of the noise ordinance. for waving parking fees at the Palm Avenue beach access parking lot for a staging area approximately 15
spaces pending all required safety approvals and providing for an effective date. Jackie >> all set. Uh good morning council. Thank you for having us here today. Jackie Leisac, president CEO of the Fort Myers Beach Chamber of Commerce here on behalf
of the 35th annual American Sand Sculpting Championship and our partners the Diamond Head Beach Resort and the Sand Lovers. Uh does anybody have any questions? And before I do that, we have secured our 123 uh day alcohol permits. So those just came in this morning. So
we'll be providing the town manager a copy of those uh licenses for the event as soon as I get back to the office. >> John, any questions? >> No questions. >> Jim, >> never want to deny you an opportunity to hype the event. Do you have you want to talk just give an overview of the when
things open and when things begin and just kind of just do your spiel? >> Happy to. So, uh, Thursday the 20th of November. It will run from Thursday through Monday. All day Thursday is free admission. We heard all of our constituents last year and we're providing that day for free. Compliments
of Extreme of Florida and Gavin's Ace Hardware. They are sponsoring the front gate that day. So, please come out. It's a day where the sculptors are beginning to build and so you'll see some stuff finished, but you'll see other things in progress. A little bit lighter crowds usually on that day. Great day to move
around. The event area is twice the size as it was last year. Thank you to the Eststerero Island Beach Club for graciously giving us the sand area behind their venue there. And uh we will have all of our nonprofit partners working on the island for parking. Any of the money you pay to any nonprofit
partner that's running a parking lot goes directly back to that nonprofit partner. The chamber and the partners do not take any of that revenue. It's another way to spread the love of the event out across the entire island and make it uh a really great event for everyone. Admission is $5. You can buy
advanced tickets at fmbbsandculpting.com and you can buy a family pack of six for $25. Little bit of savings there. We're going to have 27 sculptors on site. 21 of who are competing. So, we actually have some exhibition sculptors coming.
They're actually in their Ubers on their way to us as we speak right now. Uh very exciting. They're coming from 10 different countries and we have uh 20, like I said, 27 of them. And we'll have over 70 vendors this year. Everything from our nonprofits on the island and
around the community here to jewelry, clothing, uh arts and crafts, uh entertainment. Uh we'll have a face painter on site. We're going to have a kids sand pile area for the kids. will have a food eating area where you can relax in the shade and enjoy some great food. And the Diamond Head Beach Resort
will have live music every evening after the event closes. So, uh there is no charge for that live music. Just come on in and and enjoy the live music. We'll have what we're calling the big tent. And it is a superiz tent. I think it quite possibly may be the biggest tent
we've ever seen on the island so far. So, it's going to be 40 by 100 ft long. So, it's it's a a huge tent with lots of shade. So, please come out. Please enjoy. This is a community event. We're thrilled to to have it here. Thank you to Lee Tran. They've brought back their free tram. It starts on Thursday. So,
tram and trolley will be running. Thank you to the Seminal Casino. They'll providing free shuttle buses that will be making continuous loops on the island. All of the golf cart partners will be running their golf cart for transportation around the island. And um trying to think what else I'm missing,
but I think that's about it. We're hoping for some Chamber of Commerce weather for all of the days. It looks pretty good and uh we just can't wait to welcome you out to the event and bringing it back for the second year in a row. >> Thanks Jackie. This shuttle that you're talking about, could you just It sounds
a little different and it sounds wonderful. Could you just give us a little more granularity on how the shuttle works >> for the seminal casino? Yep. >> Uh yes. So they will be running the loop of all the parking lots from the downtown area, old San Carlos area, all the way up to the library and back. There'll be two of them and they'll just
be making a continuous loop. They'll be stopping wherever the tram and trolley stops are to pick people up, drop people off, and they'll be bringing them right up to the Diamond Head. So, the hope there is a little bit air conditioned transportation courtesy of Seml Casino and get more people moving around. You
don't have to drive your car right up to the event area. You can park further away and take some of this transportation so that you're not having to get into the to the crowds or into traffic. >> Very good. Thank you. >> Yep. >> Rebecca, any questions? >> No questions. Congratulations,
>> Scott. >> Thank you, >> Tread. Lightly >> talk about volunteers. >> Okay, we could definitely use some word volunteers. On Sunday and Monday, this event takes 600 volunteers. So, over the five days, we have two shifts from 9:30 in the morning till 1:30 and then from
1:00 till 5. Volunteers will be doing anything from taking tickets, checking for wristbands, uh pointing folks in the right direction, answering questions. Uh we have QR codes out there that you'll be able to uh do people's choice awards. So we've got lots of open jobs,
especially on Sunday and Monday. We still need help. So please go on to FMBsandsculpting.com. FB F fort, M for Myers, B for beach sandsculpting.com. There's a link at the top, volunteer here, and just go into the signup genius and pick the spot that
makes sense for you. When you're a volunteer, you get a free t-shirt. You get a ticket to come back. You get lunch the day that you're working and then if you volunteer with us, the Seminal Casino hosts the VIP party the week after the event and they will send buses out to pick all of us up. We usually have two giant tour buses that go out to
the casino for the night. They feed us, they give us some free drinks, they give you some free play and you get free entertainment and then you get a bus ride home. It's a great great evening. So the perks of volunteering at this event are amazing and plus you'll make new friends and and meet a lot of great people. So please come on out.
All right. >> I would like to speak to that, Jackie. How many volunteers did you say? How many more you'd like? >> How many more? >> I could probably use another 150 easily in >> Do they have to be all from Port Myers Beach? Take them from anywhere. >> Anywhere they want to come from. As long
as they're willing to spend half a day with us or a full day with us, come on down. >> Yes. Um, and I'm wondering, could they possibly park at the uh what is the free parking? Is it on Pineriidge Road? You could park out on Pine Ridge Road and take the trolley all the way in.
Absolutely. Yep. That that's a great way to go. And trolley rates are 75 cents for adults, 35 cents for seniors. Once you hit the island, the free tram will be running, so you can hop on hop off that. >> The perks are great. I love the free Thursday, too. >> It's a great great day. It's a great
weekend. It's just you see so many people out there having a great time, families, friends together, and then watching these amazing works of art come out of just piles of sand. Uh, these sculptors are incredibly talented. They they do this all over the world and we're so blessed to have them here.
>> Thanks, Jackie. >> All right. Thank you. >> All right. >> Just say yes. >> All right. We have uh any other discussion? If not, is there a motion for resolution 25-327? I will make a motion to approve resolution 25-27
special event 35th annual American Sand Sculpting Championships. >> Is there a second? >> I'll second. >> All right. Got a motion by Mayor, seconded by Council Member Aderhalt. Any further discussion? I'm an I. >> I. >> That was fast. Rebecca I,
>> Scott, I John. That >> motion carries unanimously. >> Thank you, council. >> Now the work starts. All right. Now we have final public comment. Does anyone wish to speak in final public comment? You want to go for a trifecta? >> No. Okay. We'll close public comment.
>> Town manager items. >> Thank you, Mr. Mayor. I have a few items uh this morning. First, I'd like to propose the council's discretion or decision that maybe uh we do uh a joint council and LPA meeting to discuss the
comp plan. We talked about the LPA or having an additional LPA, special LPA meeting. Uh we could possibly also consider maybe that being a joint meeting. I believe the date that works for the LPA members so far is the 25th, November 25th at 9:00 a.m. uh here at
the town hall. Just like to make that proposal for and leave it, you know, if for consideration. I wonder if it would make more sense to based on some of the comments if it would make more sense to have like a a roundt discussion where then you could go into a meeting based
on those discussions. Does that make sense? Or is we're just kind of run out of time. I don't want to leave people out who maybe have some suggestions that could be incorporated into the what the new comp plan will be before we finally have to adopt it on the first.
Is that putting a lot of pressure? Go ahead. No, I mean there as you're all well aware there have been >> lots of public yes >> public meetings on this topic to include multiple sharet you know um awareness
opportunities public comment uh um and we did I wasn't here at the time but I know that there was participation from the community um and uh it was well advertised by the town those events so we certainly if that's if that's the council's direction we could certainly
uh try to schedule another one um based on past uh I I don't know what you know what the turnout would be but we could try and but again I think if we did a joint session you know the public it's it's a public hearing it's a public meeting public could come and you know
bring their comments during that meeting as well >> will were you suggesting November 25th >> correct >> the week of Thanksgiving >> yes >> the Tuesday before >> I unfortunately will not be in town but okay >> I could call in I guess if I needed to >> well You could you you you could you
could call in. I just wanted to make sure that there's also maybe an opportunity for the council, you know, to have a a public meeting before having to make a decision on the first. Um that was just a recommendation. >> Scott, what do you think? >> Yeah, I'm all for it.
>> LPA's willing. >> You're apologize. I'm all for it. I I think uh as we saw this morning, we still have some work to do and let's let's get the public involved. And I know it's tough with Thanksgiving, but uh you know, if
you can't make it, please send us emails prior and you know, need to have an open dialogue. So, I think it's a fantastic idea. Thank you, Will. >> All right, Rebecca. You have any issues? >> I agree. Will, thank you very much for accommodating us. I know that this was
advertised. I think um there are a lot of folks who are busy still digging out from the storm and we appreciate it. >> John, >> um anytime you can engage in dialogue with the public, it's a good thing. >> Jim, you already said you're going to be gone that day. I
>> I'll be out of town, but I could call in if if if possible, if it's here in this room. >> Yeah, it would be here, I would assume. So, >> yes, no problem. I'm accommodating. >> I I I can be here on the 25th. So, >> okay. I think >> do you need a formal motion or anything
Nancy for that? Just general consensus. >> Yeah, consensus is fine. Uh the direction is clear and I think we can proceed. >> Okay. Do you have a time? >> It'll be 25th at 9:00 a.m. here in the town hall. We will send out the not
public notice and uh as soon as uh we can finish up today. Amy will get that out. Uh, next, um, I'd like to announce that we, Senator Scott's staff will hold mobile office hours here at the town hall on the 24th of November from 11:00
a.m. to 100 p.m. Just wanted to make sure you're all aware of that and and again, we'll advertise through public service announcement as well. >> Can I can I just add to that? It's a great opportunity when they're in town. If you have a social security issue, an immigration issue, a veterans issue,
anything to deal with a federal agency. It's a great way to uh work with their staff to get any of your issues or questions addressed. They do an excellent job. And so, again, if you know of somebody who's got a federal uh issue uh with a federal agency, it's a great time to get some assistance. I'll
just echo that as well, having had to have them help intercede with FEMA on some things. Um, and I know this was rescheduled because it had to be cancelceled because of the government shutdown. So, it's a fantastic staff and very, very helpful.
>> Thank you all. And, uh, since you mentioned FEMA, uh, tomorrow, >> tomorrow we officially come off FEMA probation. I think it's no November 18th, right? Is officially when the town comes off probation. And this morning I
received a terrific notification from FEMA that uh town of Fort Myers Beach has satisfactorily addressed the administrative flood plane management concerns identified during the community assistance visit. The CAB is now closed. We've successfully met all of the
requirements for FEMA. So, I'd like to just, you know, say this is a huge milestone, huge accomplishment by the team, by the staff. Uh Dr. Kohler led a terrific team of community development, uh really emergency services, really the whole staff just working tirelessly uh
for several months now to uh address every one of those concerns and also help. You know, I'd also like to thank the community for um joining in the effort uh to get us into compliance, whether it be their their personal land,
property issues, businesses, um and other issues on the I just like to thank everybody, thank the staff. tremendous work and and really a huge congratulations to the to the team uh that for the all the extra effort they put in and to FEMA for uh being willing
to work with us uh as much as we uh want needed them to on a daily basis sometimes uh with all the questions that we had and trying to address all the concerns. Just a terrific accomplishment by the team. We will now continue to move forward. It doesn't close the door
completely because it's an ongoing process. I'd also like to say that to all the members of our community that uh there are still properties that need to come into compliance and businesses that need to come into compliance and so forth. Uh and there will be continual, right? We want to we don't want to go
back to where we were. We want to take what we've learned and continue to apply it forward. Uh so that you know we just everything we do now from here from here on forward is is in compliance and uh and we can just you know continue to build the island back.
>> So Congratulations because that is fantastic news and thank you Dr. Kohler. Uh I know Tom Yazo was involved with a lot of that. Frankie K project all the others. Um just thank you all so very much. Go ahead. >> I just had a question. Uh congratulations. Significant
accomplishment just for the folks who are listening. Uh again, significant accomplishment, but just so people understand, this now opens the door for us to then make application for the flood insurance discount. Is that is that a fair characterization?
>> That is. Thank you. Thank you, councelor. >> And then just kind of expand maybe on that timeline. >> Yeah. So, I'll I'll hand it over to Tracy here in a moment, but but uh luckily uh before the government shutdown started, we had we had already begun um transmitting information and having uh back and forth discussions
with uh the u the office that will assist us with the CRS uh application process. And now we can start that again. So, Tracy, >> thank you. Uh well, first of all, yeah, we're so excited to have received our
our clearance letter from Jackie Bell and our colleagues from FEMA region 4 all the way on up. Was very exciting to have that information. In the end, we were approximately 81% compliant um of the 252 properties that they had
identified. And as uh Will had said, we we are still working diligently with the residents to come into compliance because they're never truly their eyes are never off of us, right? We're we're continuing to work. So, yes, we've made entrance into the CRS for consideration.
I did send an email immediately upon receiving Jackie Bell's letter uh requesting what our status could potentially be and a timeline because, as Will said, we submitted documentation in in hopes and in anticipation that we'd be able to move forward in the
process. So, what that discount may be, we don't know. It could be, hey, you're entered into CRS, your discount is at zero, but now you can move forward with more percentages. Or it could be, you know, maybe we'll give you 5%. You know, we we have a a way to move along the
continuum. Just getting into the CRS is the biggest deal. >> Yeah. I think to say be an understatement to say this a herculean effort that the staff has worked tirelessly on for quite a long time to get to navigate through the the intricacies
if you will of of figuring out exactly what is needed, what is wanted, what is looked for. And you know, there's so many people to thank, I think, for this that I mean, you could go on and on and on, but you know, obviously Senator Scott, Congressman Donald's, everyone and and our lobbyists up in DC have certainly helped us get into doors to be
able to have conversations to get direction to where we need to go. Um, their staffers have all been helpful. Obviously, I mean, I could go on and on and on, but this was truly a a a toll delegation team effort to get to here, but staff, you guys had the heavy li you had the heavy workload to be able to
carry it across the finish line. So, >> including yourself, mayor. >> Wow. It was a team effort. >> Rebecca, any >> Yes. >> So, I also have to say congratulations. I work with the federal government every day and understand the T's and the C's and every single thing. And
congratulations. I mean, congratulations. I know the effort, everyone. And like you said, the town as well. >> Thank you. Thank you for all that hard work. I think uh I think we'll be seeing a bigger discount than we thought as time goes on.
>> There you go. Well, what else you got next? Scott, you got something you want to say? No, >> I just want to thank Dr. Coler. I I I know how hard you worked on that and how stressed out you were and just fantastic job, not only to you, but to everyone. But I I knew you kind of spearheaded it.
So, fantastic work. Thank you. Final item I'd like to bring up is is late Friday. I received uh initial response from the school district of Lee County on our uh first proposal that uh um the mayor and I made uh at the the
conflict assessment meeting. Uh received that late Friday. Um and just to uh briefly go over some of the items in it, uh they um of course acknowledge that no um that it's only a recommendation uh for moving forward from the school uh
district. They would still need board approval on any uh any agreements or or uh conveyances. Uh but what they reck what they offer, they're prepared to explore conveying the historic building uh to the town outright rather than a
long-term lease. Um they would there they would like to discuss subdividing or parceling out that property um in an ASIS capacity. Um also they talk of uh that we've expressed interest in operating a charter school and they
offer the their assistance uh in in helping us to achieve that goal. Uh so there would be some continued discussions there. Uh however, unfortunately, they still uh um still are uh are stating uh that the our request for
a portion of the um FEMA just disaster relief funding would not be possible as that uh has already been allocated to repay their lap loan. Um I think there's still some discussion to be had there. Uh but I just I I'd like to acknowledge that we did receive the response from
them. So we continue the process going forward. Uh our discussions with staff uh the district staff continue. I have uh forwarded a request to the deputy superintendent uh for uh access to the building as soon as possible so I can so I can go with my team and conduct an
assessment um of the facility to see exactly what it is we would be receiving if we were to agree to any of these. Uh so I'm waiting for a response from him. He's been very responsive for me in these requests. So, I don't anticipate that taking too long because I know I would want to do that before I could
provide further advice to the council. So, I just wanted to make sure that everybody uh on the council was aware of that and offer it up for discussion uh this morning. >> Jim, >> yeah, I'd like to say something. Will, you deserve a Nobel Peace Prize for the
diplomacy in which you've exercised characterizing that response. Uh having sat through that mediation with the mayor and our team uh for four hours uh in good faith uh certainly from our end uh I was honestly stunned by the
response. Uh, I will try to employ some of uh, Will's diplomacy, but I'm going to let a little of it go because what Will in essence has said is, okay, we'll seed you the old school building and we will give you no money to build a new
school. Uh, that is in congruent with what members of the school board said. Ironically, the member of the school board who has been uh somewhat supportive uh and is also uh tasked with being our leazison to the mediation uh
school board member Ribble. And correct me if I'm wrong, Mr. Mayor, but I believe his initial thoughts were, you know, we're we're concerned about the the managing that that old school building and uh but we would be very open to building you a new school. uh
and that was, you know, understandable and a reasonable position and one that we certainly acknowledged and we thought about when we offered our uh proposal to the school uh district. So, it's odd to me that they responded by saying, "Okay,
you can have the old building uh or at least uh uh we'll seat it to you, but we will then offer no money for you to build a new school on Fort Myers Beach." That's obviously very unacceptable. Uh, it's unacceptable to the parents on the ad hoc committee. I would assume it's
unacceptable to my colleagues here. I know it's only the first round of negotiations and it is a negotiation, but it just does not appear as if the administration is dealing in good
faith because at a minimum in the ILA, they've already promised us to build a cafeteria that's over $6 million. That's they said it was in their budget. So for them to offer no uh financial support to build a new school building uh which
would be juxtaposed next to the uh historic building uh is stunning and quite honestly disappointing. >> Well, I'll try to be as diplomatic as you were. I I agree. When I saw that letter, I was very disappointed. I
thought it was pretty much a slap in the face. I thought we were moving down the right road uh at that mediation meeting. Everybody was nodding their head and what looked like they thought this would be a good solution. We have repeatedly went to them in good faith and made
offers to them which we didn't feel we had to do but in the spirit of getting the end goal of getting these kids back in school. We felt it was in the best interest of the community to do so. And to read that letter was I guess I'm a little confused. You can
write a letter to our staff saying this is what we're thinking, but it still has to go through the board. You didn't have a discussion with the board as to what they thought. As you said, there have been at least two members, potentially three, that have said we will not put any money into the old school, but we
would there will one actually said there will be a school back on that island. That was said by one of the members who is now the chair. The one that was in the mediation also has said there should be a school on that island. So, I consider this a slap in the face offer, not a offer of negotiation. And maybe
that's a little bit harsh, but I stand back and go, you know, again, our ultimate goal and is to get these kids back in school. Um, it seems that they maybe have some ulterior motives as to what they think they can or cannot do with that land. And I want to remind them that that land is zoned in a way
that we think it is appropriately zoned for, which is for a school. So parsing off land doesn't mean seem to make sense. And I would even offer another suggestion to your point. Um you know you've they've openly said that 6 million has been budgeted for and that
it it uh was in the ILA as a a requirement to do. So to come back with no offer to me is insulting. Um it it it says that we wasted four hours of our time, a mediator's time, uh our resident's time, the kids' time, their
time, everybody's time was wasted based on this counter proposal, if you would. I don't know that we need to go back and change our proposal, but I guess I would suggest I'm open to doing anything. If if in fact they don't want to put any money toward the school,
do we want to consider looking at give us the $6 million then that you have already budgeted for for the school that you've openly agreed to in an ILA that we already have to build back a to build back something that you've chosen not to do. And then give us the land. If you want to give up the land and you don't
want to build the school there, let us take it all over. give us the money that you have already budgeted for and then get out of our way because this back and forth to me is wasting a lot of time and the only one suffering are our kids. Maybe I wasn't as diplomatic as I should
have been. But I'm just again this is in good this is just in good faith trying to have open discussion because they certainly don't want to have open discussions for whatever reason. They would rather make decisions behind closed doors and then hide behind well the board has to ultimately say it. Well, then put it in
front of your board and let them make the decision. Stop making the decision for the elected officials. >> It seems like we from the get-go have tried to um negotiate in good faith and we keep getting shut out or spurned or
ignored or uh we always uh again um make make the attempt and and it's very sad on on on that part of that uh school district. And there's there's as both of you have said previously, there seems to be a schism between the board and and
the uh um the district administration itself. So um just very very disappointed. >> Rebecca, would you like to add your two cents? >> Oh, I always do. >> Please do. >> So um my comments actually uh are to you
mayor. Are you suggesting that Fort Meyers becomes Fort Myers Beach becomes a subreient of those FEMA funds of the 6 million and then we take all responsibility and ownership for building back? >> Well, it's always been my position that
I think the 11.34 million that was asked for, specifically administered for, and has not been spent on should have been passed through. That was our initial offer. But again, I sit up here willing to negotiate a little bit, but the continued slaps in the face to me are
getting a little bit old and and I'm calling on that board to step up and do your job. Step up and and give direction to your administration one way or another. You're you're punishing these poor kids and these poor families over negotiation and wasting time and wasting
resources and LCSO has to have 10 cops out there to protect people. It's nonsense. Just do what you said you were going to do. It's not that hard. Thank you for clarific. >> Anyway, Scott, so what are our next steps? >> If I could just add to the mayor's
comments, uh the the $6 million for the cafeteria is already in the budget, already in the ILA. It's a no-brainer. The fact that that wasn't even referenced was insulting. I would also say that the district for the last three years has been uh been been trying to make an argument that that that they're
that they're bearing a financial cost to subsidizing the school. We would be taking that risk uh from them and that's a significant financial shift from the school district at least in terms of how they calculate the numbers to the town
of Fort Myers Beach. That should also be part of the calculation. So that that's what gets us to the $12 million number. In addition to the mayor's point, it's also the amount of money roughly that they asked from FEMA using the plight of our island to justify and then shifting
those funds elsewhere. So there's so many potential outrages here. I I would encourage us to continue at the staff level to have conversations, but to the mayor's point, this at some point needs to go to the school board. And hopefully, again, we've seen some
wonderful leadership on the school board. Hopefully, they will come forward and and and help fulfill their obligations. >> I would Yeah, I guess my I my position would be to direct staff, our staff, to tell them, "We want you to take this to your school board for discussion. Let them make the decision. They're the
elected officials. Let them make the decision on what a counter proposal, if there should be a counter proposal, what it should be." Why is the staff making the decision for them and then saying, "This isn't finalized. we still have to take it to the board. You're putting the cart before the horse. Make your recommendations to your board and let
your board make the decision. And they're not doing that, which to me just goes back to actions speak louder than words. And their actions are speaking much louder than their words. >> It It's not their actions, it's their inaction. I mean, >> better said. Yes. >> It's I I'm so frustrated right now, but
you know what? Again, what what do you recommend next steps be, Will? So, this is this is helpful. Uh, council members, I appreciate it. You know, I want I need I I was seeking some guidance from the council and and I've gotten some and I appreciate that in addition to previous
uh council discussions on this matter. Uh what I plan on doing next is is taking that and you know, and the the letter received and having discussions with staff as far as, you know, administratively what's as far as the staff what's possible. Uh and then I'll
I'll also speak with legal counsel. uh the next opportunity for either the the board uh that the school board and council are there are count that there's a board meeting and a council meeting on the 1st of December. Uh we have a council meeting on that morning. Um the
next and but that is the next school board meeting. There won't they won't be going coming together as a as a a quorum again until then. And anything that needs to get on the board agenda has to go through the workshop earlier that day first and I think what is it Tracia? One week ahead of time. So typically what goes on the workshop is not actually for
the council meeting that evening. It's on the council meeting for the sorry board meeting that evening. It's for the board meeting the following month. So to get it on a workshop on December 1st means that it goes to the council in January. But the board meeting is the same day. I think it's at five or six
o'clock. >> But they have shown that they are not afraid to put things on a workshop and then at the last minute walk it on as a placeholder. So they can't give us an excuse that they can't make it happen. >> Understood. >> So that my my intention is to work it and work in this this guidance from the
council um and convey as I will Mr. Mayor convey to to them uh we'd like to see them bring this to their board as soon as possible to get the board to vote discuss it and vote on it. >> And I would like to hear what Mr. Rooney has to say. I mean he was very adamant
that he wanted to see some of this he wanted to see this move forward. At least that's my recollection from the mediation is that he said if we felt that any reason we weren't moving forward or we to let him know. I I would just say we would let him know as well this unless he doesn't. I'm assuming he probably already has seen the letter.
But if he hasn't I don't as a mediator I don't understand how a mediator could actually look at that and think that's a good faith counter offered. >> It's a good point. I'll get clarification on that Mr. Mayor as well. >> Yeah, that was going to be my questions what what he thought of that. I don't
know. Okay, that it >> that's enough for today. Mr. >> Sure. You didn't want to end with the FEMA part? No, >> we discussed that, but I think it's still We can go back to that if you want. I'm happy to talk. >> That's all right. Yeah. All right.
Nothing else. Will good. >> Just a pro procedurial question. Will will you be releasing that letter or certainly would be available for folks if they make a public request to the to the town? >> It is available. >> I'm sure someone already has. >> All right. Thank you. >> Yes, they have.
uh town attorney items. >> Um just to follow up. So um did you all want an agenda item um for on the first in the morning to kind of see where we are with this or >> I suppose. Yeah. I mean anybody have any
objection to that? >> So kind of an update. >> No. >> Um okay. And then um the other thing I wanted to add in to supplement what u what will stated is there is a step two of the chapter 166 or 164 process and
that is where the um elected bodies that are in dispute which would be town council as well as the school board do have a joint meeting. Um, obviously we're not there yet and they haven't had the opportunity to provide comments of
as you have had today. You actually get two bites at the apple because you will have a morning meeting on December the 1st. So, it sounds like with Will's work um this is kind of an evolving um issue.
Um I got the easy one as far as the school board. So, um, in your packet, the next item is, um, resolution 25-324. Mayor, if you could read the title. This is the first amendment to the Lee County
School Board ILA. >> This is resolution 25-324, first amendment to Lee County School Board ILA. It's a resolution of the town council of the town of Fort Myers Beach, Florida, approving a first amendment to the interlocal agreement dated May 5th, 2023 by and between the town of Fort
Myers Beach and the school board of Lee County, Florida to suspend activities of the ad hoc committee during chapter 164 meetings between the town and the school board of Lee County, Florida, authorizing the mayor to execute the amendment and providing for an effective
date. So it's it's very simple that um the ad hoc group that had been created by that agreement uh would not be meeting uh while we're doing the chapter 164 meetings. >> Okay.
>> Jim, I would I'm you ready to make a motion, but you do you need any public comment or Okay. All right. >> I don't think we need public comment, do we? >> It's available, but did you >> No. Then I I would I I this is just a this is just a housekeeping matter. Makes perfect sense. I move approval of
resolution 25-324. >> I'll second. >> All right. Got a motion by councelor Adder Holt, seconded by Vice Mayor Safford. Any further discussion? >> Uh Councelor Adhalt >> I. >> Vice Mayor Safford >> I. >> Councelor Link >> I. >> Councelor King.
>> Hi. >> And I'm an I as well. That motion carries unanimously. Okay. Council member items and reports. Scott, we'll start with you. >> I have nothing. >> Rebecca, >> nothing. >> Jim, >> ditto.
>> John, >> let me get to it. >> All right. Um, I had a meeting last week where I chaired the uh executive board uh for the uh Lee County Metropolitan Planning Organization. Uh found out that they will be sending out a survey today.
if you've not already received it in your email is coming today. Uh ask will to send you contact you all to let you know not to delete that survey and to take it seriously and and please answer it. Um the federal government and and
the state to some extent are wanting to combine uh the Lee County uh MO and with the Collier County MO. uh they cannot force the merger but they um would strongly like it to happen um because of
this the growth in the area. Um the the problem is is that as I see it just for us is u we would go from 27 members combined on the two committees to the maximum you
can have is 25. So that means two members would be left off. And honestly, uh I don't know about Kier, but I got a feeling uh for Lee it would be us because we are the smallest. Um so I don't think it's in our best interest to
do that. They are sending it to every local official in both counties. Um you have 10 days to response. They'd like it back by 11:26. If there is a merger to take place, it is required by the 75% of the
municipalities in each uh county. So, I just wanted to make you aware of that. >> John, do you have any sense as to how the question will be phrased and any advice as to how we should approach the questionnaire or will it be self-evident? >> It's very self-evident. I I had already taken it about three weeks ago as a
test. Um it's pretty it's pretty easy. Um but uh I think the well it's hard to get a r reading on on the committee. My gut is that they would really rather not merge but I I I don't know that to be a fact. We haven't really discussed it at
that level yet. >> Thank you. >> Um I did want to mention something um since we're discussing uh committee assignments and things like that. Uh the coastal and h heartland national estuary
partnership chep is u which we are member of and and I represent the council on that uh committee contacted us about some extra federal funding to potentially assist the town's natural resource um projects and efforts. Um
dollars could be in the amount of anywhere from a h 100,000 to 300,000 up to half a million dollars. I don't know. Um, Will, if you want to discuss that any further, but it's I think it's a fantastic opportunity for us and u I know I think Will has assigned uh
Frankie and Chad to look at pursuing that. >> That's exactly right. There's a lot of great opportunities in there and Chad is digging into it and we'll have some recommendations uh back. >> Very good. I think it's very exciting. And and um lastly, uh the Florida League of
Cities President Holly Smith has appointed me to the league's 2025 legislative committee. That's meeting uh coming up in December 5th and 6th, I believe. Um I don't know if it's uh copacetic to do it there or not, but my plan is to try and utilize that
opportunity to bring the power of the over 400 member municipalities behind uh my effort to change the state's flawed recall statute. And that's all I have. >> Okay. I do not have anything new to add. Um
that brings us to our advisory committees. Uh we have to appoint someone to each one of our internal and external committees. So the first one is the Anchorage Advisory Committee. The current leaison is Mr. Adhalt.
>> Yes. I'm I'm happy to continue to serve unless someone else feels strongly about it. Anyone have any objection? Okay. Audit committee is now Vice Mayor Safford. >> I have a question for Rebecca. Um I know you did a lot of work with the CBD DGR
stuff. Would you I'd be willing to to switch with Bay Oaks. I mean, I had so much fun at that pickle ball tournament. >> So, >> I think um honestly, I think you're it's with the microphone part. I think you're
better with the finances, Scott, than I am. >> Okay. Well, I'm I'm willing to continue. Okay. Anyone have any objection to that? >> No. Borab Bea Oaks was uh formerly councelor Woodson.
>> I will take that if there's an empty spot. >> I do not have any objection to that. Anyone have any objection to that? Congratulations. You are now the leazison. Cellcap. Uh Mr. Adhold, that's you. a wonderful team of folks. I'm happy to continue to serve if everyone
feels okay with that. >> Any objection? >> None. >> None. Next is Murf. It's currently Council Member King. Council member King, would you like to continue to serve on that board? >> Most assuredly. >> Okay. Is there any objection to that?
>> None. >> All right. And then last is public safety committee. I'll happily continue to do that one if no one else has any objection to it. >> None. there. Just a as a point of order, there's there's one I'm I'm currently on
the charter review committee and that wasn't in here. I just want to make sure that it's okay if I stay on that. >> Yeah. I don't >> Absolutely. >> Yeah. Well, it wasn't in here, so >> Well, that's a one It's a oneoff that Yeah. >> Good catch. Okay.
>> Next is our outside committees. Um the first is the coastal and h heartland national estuary partnership policy committee. Um the current represent uh current current person is Mr. King. >> No, you just talked about it.
>> Chip. >> Channip added the a chip. Would you like to continue serving on that policy committee? >> Sure. >> Okay. Any objection to that? Coastal advisory committee that is currently Mr. shoots. Is he comfortable
with continuing that, I'm assuming? >> Well, yeah, by all means, he he he would be our staff representative, but if if the council wants to have a council member uh be adviser on there as well, then we're open to that. >> Uh I think he he's doing just fine. >> Absolutely.
>> Uh next is the Fort Myers Beach Elementary >> School Youth Council. I'm currently on that, but I don't know that we've ever had a meeting or what? No one's ever contacted me about it. But >> during my time, I actually when I saw this on the agenda, I was like, "Oh,
what is that?" As principal, I had never heard of it, >> but I'll continue to to to do it should something arise. >> Sounds good. >> Unless someone has a objection. Uh, Horizon Council, that's actually incorrect. I'm on that horizon council
now. Um, I'll continue to do that if no one else has any objection to it or would like to do it. Okay. Uh, MO, it's currently councelor King. Would you like to continue on the MO path? >> I'd like to see the end of my
chairmanship for both committees. So, yes. >> Oh, very good. No objection, I assume. >> No. >> Thank you for all your hard work on that, too, John. I know you put in a lot of time and effort on that. uh Southwest Florida Regional Planning Council. Uh the town receives reports upon
requests. It's seems to be another one that's just zoning and staff. The Southwest Florida Resilient Coalition, it's currently Mr. Hoggy is Will is Mr. Hoggy going to continue in that position? >> Yes.
>> Okay. Uh the TDC currently that is me. I would be willing to let someone else take a run at that if they would like >> perhaps maybe vice I mean that would fit right in your wheelhouse with what Jackie does. I thought it would be >> I'd be honored.
>> It's kind of your wheelhouse. Not that I haven't enjoyed it but uh you you'd probably be a better fit I think than I at this point. >> I know a lot of the people you know at TDC so I'd be honored. >> Anyone have any objection to that? And I think that has to go through the BOCC.
They'll have to approve you >> at some point, but I think Amy handles all that. Okay, that is it. If there is nothing else, Mr. King, >> uh, I'll quote
without a microphone. I'll quote, uh, a favorite group of mine from the 60s and the 70s, Rare Earth. I put my faith in the people, but the people let me down, so I turn the other way and I carry on anyhow. That's why I'm telling you I will not resign and I will be here until the judge either removes me or I make
the decision myself. With that, I'll move to adjourn. >> All right, got a motion to adjurnn. Any objection? We are journed at 111.