Get the thumbs up. Good. All right. Good morning everyone. Thanks for being here. Um, today is Monday, May 19th, 2025. It is 9:00. All council, this is a regularly scheduled town council meeting. All council members are present. Uh incoming and outgoing town managers are present.
Uh town attorney and town clerk. If you'd please rise for the invocation, followed by our new town manager and the pledge of allegiance. Let us embrace each new day in every transition and change. As we enter into each new era with excitement and even some anxiety, let us recall
compassion, presence, and abounding love. Let us be thankful for the experiences that have brought us to this day and for the work of others that gives breath and depth to our own work. Amen. Amen. Please join us for the pledge. I pledge algiance to the flag of the United
States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. Thank you. Thank you, Will. Next is the approval of a final agenda. There are a
few um things that we're going to move around here. Talked with the town attorney this morning. We have it's going to be a long meeting. We have eight quasi or eight public hearings, seven quasi judicial, one administrative appeal. Uh we are going to add under the
town attorney's items a discussion on the school interlocal agreement with the uh with the school board and the town. Um also we are going to move the discussion from uh the parallelogram lots under the
council member items report. We're going to move that up uh to just after the public comment. Uh Jennifer Rusk is here from MURF. Was there anything that I missed, Nancy? Uh, no, sir. You got it. Is there anyone
any other changes to the final agenda? Mr. Mayor, move approve as amended. Okay, got a motion by councelor Kaine. Second. Seconded by councelor Woodson. Any further discussion? All those in favor signify by saying I. I. Opposed? Hearing? None.
That motion carries unanimously. Next is the swearing in of the ceremony for a new town manager, Will McCanny. Yay. Yay. Yay. Following town clerk. Follow me up to the front. Can someone help hold the microphone so
they can hear it? Here you go. I state your name. I can. A citizen of the United States of Florida or the state of Florida and the United States of America. Citizen of the state of Florida and the United States of America and being employed employed by or an
officer of the town of Fort Myers Beach. being employed by or officer of the town of Fort Myers Beach and a recipient of public funds and a recipient of public funds as as such employee or officer I as such employee or officer do hereby
solemnly swear or affirm that I will support the Constitution of the United States do hereby solemnly swear that I will support the Constitution of the United States and of the state of Florida and of the state of Florida that I will in all respect respects that I
will in all respects observe the provisions of the charter and ordinances of the town of Fort Myers Beach observe the provisions of the charter and ordinances of the town of Fort Myers Beach and that I will faithfully discharge the duties to which I am assigned as a town employee and that I
will faithfully discharge the duties to which I am assigned as a town employee. Thank you. Welcome. [Applause] No going back now, Will.
Yeah. All right. Next is uh congratulations, Will, and welcome to the team. Um, next is the public comment. Yep. I have uh three signed up this morning. John Mlan is up first and then
Matthew Price will be following. John, morning John. Good morning, everybody. John Mlan, Egret Street. Um I know we've got a very long agenda. I'll be incredibly brief. I just wanted to welcome Will and his lovely wife to our community. And most importantly, I
wanted to wish you really well. I think you've got a really good base to work with. And I really wanted to thank Andy Hyatt for all that he's done for our community. He's really stepped in and uh I think put us on the right track. So that's all I had to say. Thank you Andy.
Welcome. Will thanks. Uh Matt Price and after Matt will be Jennifer Rusk. Morning council. Um yeah long uh long meeting so I'll I'll make this brief. Um, two weeks ago, uh, after hearing a
Beach Talk Radio, uh, discussion on the Fourth of July fireworks and how they're at risk due to the funding issues, uh, I reached out to Mayor Allers, um, and, uh, try to explore the opportunity for Seagate to assist with that. Uh he
promptly connected me with Andy um and Andy and I discussed and agreed uh pending your um approval to cover the remaining I think it's about 47,000 in change and is what we came to um to
ensure the event uh proceeds as planned. Um this contribution aligns with Seagate's ongoing commitment to our community. Over the past few years, we've supported various FMB initiatives, including constructing a sensorary walk walking path at Fort Myers Beach Elementary School to enhance student
learning experiences, donating our beachfront property for school children's bonfire event, providing proono development and construction work for both the Fort Myers Beach Art Association and the Fort Myers Beach Women's Club, assisting in fundraising efforts for both the Art Association and
Women's Club, um participating in beach cleanups and other community services. These contributions are are in addition to to to some of our other business endeavors such as building homes on the beach, uh a beach restoration projects with our site development company, Earth Tech, and rebuilding the cottage bar,
which will commence soon. While I initially hope to make this contribution quietly, I respect the town's attorney's guidance to present this offer publicly for council's consideration. I appreciate your support. I believe the insured ensuring of our Fourth of July celebration continue continues is the
right step for our island. Thank you. Thank you, Matt. Jennifer, Jennifer Rusk, and that's all I have signed up. Good morning. Good morning, Jennifer Rusk, resident. Uh, I have a few different uh concerns. I have three
concerns. One, I'm here also for the Myiramar Street. Um, I'm here in support of uh this um um I'm opposed to this development that's happening. I'm not quite sure why we change the code for uh
Myiramar Street. Um at the time I didn't understand it. I still don't understand it. Um but now it's going to be affecting my quality of life um my um enjoyment of life and my safety. So I really hope you listen to Myar Street
today. Um, we have a pothole that has been there on Myar Street right on the um east side that is on town property uh Town Street and it's been there since uh after Ian. I have brought it up to um uh
Frankie and he said he would fix it. I know that there have been they've been putting sand in to kind of fill it in, but what's happening is the sand sinks. And so, um, you know, every time I go in and out of my street, I'm having car
issues. Uh, the public access on Myiramar Street is a boat ramp and it's uh public access, so it's for enjoyment of our community and that too needs to be fixed. I did speak with Curtis and he said that's on the list to be fixed.
Um, in the past couple months, I've been experiencing an huge influx of flies on our street. Not just at my house. Uh, at first I thought, well, you know, I've got dogs. Maybe I, you know, need to clean up better. Um, but I years ago, I used to have a dumpster right behind me
that was Reese's. I never had flies. Um, in the past few months, I've seen we're getting inside of our house. I'm I'm really, you know, concerned with what's going on. I did reach out to Lee County thinking maybe we needed our sewer systems looked at. I haven't heard back.
They did tell me that possibly we were having issues with our uh storm water drains and uh and I I believe we need to get those cleaned out before uh storm season hits. Um, I've noticed some gurgling, which is a clear indication of
u maybe um they're clogged and they have um sediment or roots. So, if you can please look into that. Uh I think that's it. Thank you so much. Thank you, J. That's all I have signed up. Is there anyone else that would like to speak?
Patrick, come on. You know, you only get three minutes, right? Yes, three minutes. Brief. Uh, good morning, uh, Patrick Vaness, a beach resident, and I come before you today as a beach parent. Um, very happy to see that it'll
be part of your discussion today. I want to thank you, mayor, for speaking on behalf of the school this weekend. Um, I I think you had some very uh thoughtful and um pointed words and and I think that we
need to speak up as a community. Um, Mr. Adult, thank you very much for all the time and that you've put into the uh ad hoc committee and speaking bef of uh of our school and I know all the council members support the beach school, but we are coming to a critical point. um
school year is ending. Uh it I believe it's June 3rd. Um the board the the district will have a third-party consultant presenting a report on the viability of the school. We thought the
question of viability was off the table and we were just looking at planning for the future of that school. So we need to to keep very close attention. We don't know what that report's going to say, but we encourage all the residents to support the school and attend that
district meeting if they can. Thank you. Thanks, Patrick. Yeah, come on up. Been a long time since sandpaper days. Anyway, hi. I am here representing the Beach Kids Foundation. Can you speak state your name, please? Oh, Carrie Hendry. Sorry. Um, uh, again, I'm here
representing the Beach Kids Foundation. Um, to back up what the previous speaker said, I'm a former beach parent as well. Um, just we need to keep our school. If we lose our school, we lose our community. And our organization um, exists solely to support the beach kids. So again, I'm happy to see that the
interlocal is on the uh, agenda today and hopefully we can get Lee County to fulfill their promises to rebuild our school. Thank you. Thanks, Barry. Anyone? Good morning. I didn't see you back there. Good morning, Mr. Mayor, town council.
For the record, Jenna Pur Malikica, and I wanted to come up and briefly express our gratitude to Andy on behalf of myself and my husband, County Commissioner David Malikica, for all of your service to the town and for the
county as a whole. I know there have been many long days and sleepless evenings and you with your team, including the town council, you've gotten the job done and it's been a great partnership and it's been great to
work with you, Mr. Manager. Welcome. You have big shoes to fill, but we are happy to have you here and welcome to our community and I look forward to working with you as well in the future. Thank you, Mr. Mayor. Thank you. Thanks, J.
Anyone else? Good morning. Good morning. I'm Judy Hadia, uh 400 Balen Road, Tri Power Vacation Rentals and Century 21 Tri Power Realy. I'm here also on behalf of the Beach Kids Foundation and we
appreciate Jim what you've done. uh in to uh for the school and trying to get the school back and just want you all to know that that you know we don't have kids even though we don't have children in the school. You know it's very very
important for our community. We don't want to just be a tourist town. We don't want to be you know just big buildings. We want to have a family unity here and a family community. So, thank you very much and I hope you will all be there
June 3rd. Thank you. Thank you, J. Is there anyone else that would like to speak? Public comment, Mr. Mayor. Yeah. Go ahead, Alan. Morning, Howie. Hi, council. I want to thank you all for all the good you do
for our community. whatever way you think. Our new town manager, welcome, Andy. I'm gonna be sorry to see you leave. You've done a lot for us here on the beach and I want you to know that I personally appreciate it. Keep up the
good work and let's get this town back together. Thank you very much. Thanks. Howie always has great shirts. Great coach. Anyone else? There was no plug for softball. Yeah.
Is there anyone else like to speak in public comment? Seeing none, I'll close public comment. What do you have to Mr. Mayor, if I could just a point of personal privilege, I I just since we're on the school issue, it is on the agenda for the end of the meeting, but I'm afraid by the end of the meeting, we'll have lost a lot of our viewership and a lot
of our attendance. So, I just wanted to give a brief, more granular update as to where we are with the school. Uh there is the decision at this point will be made formally at the schoolboard meeting on June 3rd, but I would argue that the decision will be made much sooner than
that. And I that's why I want to let people know exactly what's happening. Of course, after Ian, there was a long process to get the attention of the school district back to the Fort Myers Beach School. And that manifested itself in an interlocal agreement between the
town and the school board where we basically were required to reduce the price or the cost per student here on Fort Myers Beach and have it more in sync with other barrier island schools. Amazingly, among uh against the advice of the consultants at the time with the
school district, we not only uh reduced the cost per student uh by cutting costs demonstrabably at the school, but we also increased enrollment demonstrably and far far more than any consultant at the at the school district staff predicted. So, we codified all that in
an interlocal agreement. It was clear we were on the road to recovery and we were on the road to success after Hurricane Milton. Once again, the school district staff uh took took uh a long time to uh to to address the issues at the school
and coming back from Hurricane Milton. And so we're here we are today. The kids are still not at the beach school. Uh right now that the school district has put before us five different options to rebuild the school, which is fine. Uh
sadly, it's taken this long to get to that point, but nonetheless, we're thankful for those options. But here's where we're at today. They have hired a consultant. The school district has hired a consultant. And it's a little bit it's a little it's a little difficult to know the scope of that consultant's work because it's been
unclear. But one of the things that has been clear is the consultant has been charged with determining the viability of the school. Now, that's already been delineated. That was already codified in the interlocal agreement. We clearly have been on the right track. Doing all the things the school district asked us
to do. To have this consultant hired to determine the viability is against the the spirit of the ILA and and and and it's against everything we've really worked for over the last few years. So, here's what's going to happen over the next few days. The the we have an an ad
an in-person we've been meeting weekly as an ad hoc committee. This includes a lot of school district staff, but it also includes wonderful uh folks here on the beach. uh John CS, Jenny Tardiff, Monica Schmucker, Jackie Lesk, uh Patrick Vaness was on this early on until we had to reduce our numbers
because of the ILA. So we've had a great core group of people. I've been the leazison to this group. We have weekly calls with the school district. The the there the the challenge is is that is that all this information about reducing costs and and increasing enrollment,
it's not really been codified in terms internally within the school district. So the information that they're presenting potentially to the consultant and to the school board members, the elected schoolboard members, may not be exactly reflective of what's actually happening here on Fort Myers Beach. And
that puts us at a disadvantage. So if this consultant comes out this week, they're supposed to come out with a report this week prior to the ad hoc committee inerson ad hoc committee meeting on Thursday at 5:00. This is just for the ad hoc committee which includes also some high level school uh officials including the superintendent
who said she's going to be joining us on Thursday for our ad hoc committee meeting. They will we will theoretically have the report before the meeting so we can discuss the results of the I'm sorry the consultants report discuss it beforehand and at the ad hoc committee
meeting. If the consult rem report comes out as as with a negative uh report with respect to a recommendation for keeping the beach school, that's when quite frankly we need to hit the nuclear option because clearly uh there's there
someone is not dealing in good faith. I always am a glass half full person. I'm hopeful the consultants report will just come out and recommend one of the five options which would be fine. But if they come out against the viability of the beach school, it's against the interlocal agreement. It's against the spirit. It's against all the promises
that have been made. And so our hope at that point is to then on June 3rd, the school board will then have a discussion of the consultants report. They'll hear from a lot of folks and then they'll make the decision. But I would argue that the decision will likely be made beforehand uh with respect to this consultants report and the tone of this
ad hoc committee meeting on Thursday. So once we get this report, if it comes out bad, that's the time to reach out to our school board. Our school board, oddly enough, is is is is reacted much differently than the school district staff at times in the sense that the
school district or the school board electric school board has been very supportive of the school. So, when we reach out to our schoolboard members, and again, if this report goes south, I really encourage everybody to reach out to their elected school board members throughout Lee County, no matter where you live, there's at large members,
there's folks in your district, but just reach out to all of them. Make the case. The school board is not the place to punch. I mean, it's a place to to plead, but plead respectfully because the school board has been with us. So, we want to be uh encouraging and positive and talk about all the great things
happening on the island to the school board because on June 3rd, they can save us from this report if it comes out negatively. So, I would encourage folks to be prepared this week. I'm sure the media will cover it. I'm guessing uh we we'll gather with all the parents of the beach school to make a plea to the
public and to everyone to reach out to the elected school board, but at that point, the school board is potentially still our friend and they could help save our beach school. So, let's not let's not let's not voice our anger with the with the elected school board because they have stood with us. So, but
June 3rd will be the formal process where they'll cast that vote. But leading up to June 3rd, if they hear from us, there's a lot of great information about all the good good work that the school has done and the parents have done to to rebuild that school, the town has done. So, so I just wanted to
give people a little bit more granularity strategically about how this is all going to play out. It's either going to be great or it's going to be horrible. And we we we need to do all we can to to obviously look at the to to move towards a positive result. So, sorry to take so long. I
know we have a long day, but this is really, as everybody knows, the council's been wonderfully supportive. The town staff's been wonderfully supportive. It's so such a big deal, obviously, to keep this school on so many levels. So, I just wanted people to know a little bit more depth as to what's going to happen and how this is
going to play out. I sure hope that this consultant is not being used as a straw man to give them cover to close our beach school. I don't think that's the interest of our school board elected school board members. I hope it's not the direction of the of the of our newly elected school board, newly elected
school superintendent who has voiced support for the school in the past. So, I'm trying to give people the benefit of the doubt, but sadly or or fortunately, this consultants report will really show the cards as to where we're headed. By the way, the ad hoc committee has not been interviewed by this consultant. No one at the town has been interviewed by
the consultant. They've sought no input from anyone from our community and that's that that again cause for suspicion but hopeful that the end result this week will come out positively. So sorry to take so much time but important issue but thank thank you Mr. Mayor. Absolutely. Thank you. Um
I have a question or should I save it for when it's on the agenda? Um in the sake of time to save it if you don't mind. Sure that's fine. I I have a question though for Nancy. Um Mr. Price came up. Is that something that we need to take council action on? It is. Um I was going to add that to my report. Um
but if council wants to go ahead and um someone perhaps make a motion to accept the donation that was offered uh specifically earmarked for the use for the fireworks. Um we would need to get that into the record at some point. Okay. Before we ask for a motion is you
did have a conversation with their attorneys because you know the questions are going to be out there. I did because of where the status is of this project. Correct. At this time it is not foreseeable that anything is going to come before you and um it's not to the
benefit of any particular council member. Um although the initial uh reach was was to you the mayor but um it's for the benefit of the town as a whole. And you don't see any issues with it, should the recommendation be to accept it? No.
Okay. With that, is there anyone that would like to make a motion on Mr. Price's offer to cover uh whatever the dollar amount is that Andy and he came to for the fireworks? I'll I'll make a motion that we accept Mr. Price's offer. Thank you, Mr. Price.
Donation. Yeah. Fourth of July is a a a big time and we need the business and thank you so much for your generous donation. And I'll second that motion. I think that is above and beyond. So, thank you very
much. Okay, we got a motion by Councelor Safford, seconded by Councelor Woodson. Any further discussion? Do you want a roll call vote or do you want Yes. No discussion? Councelor Saffford. I. Councelor Woodson. I. Vice Mayor Adhalt. Hi, Councelor King. Hi. and I'm as well.
Thank you. All right. Next is uh what's got Jennifer's fly. Huh? Oh, it's U. Next is Where are we at? Local local achievements or recognitions. Vice
Mayor, would you like to go first? Mayor, excuse me. Were you going to move the parallelogram? Oh, did I miss that? No, you I did say right after public comment. Um, so we're gonna have to hold off. That's fine. That's fine. Who who's here from here? Becky.
Good morning. Good morning, guys. And was there a is there a time frame? 30 minutes. 30 minutes. Okay. I hope to keep within the 30 minutes and save your guys' time. I do appreciate First, I want to start out. Thank you all for letting me be here. It's been a long haul to get here. I do appreciate
especially uh John and Jim for allowing me to come. I know that you guys put your foot forward to allow us to be able to come speak here today. Um, I also want to take one second and just quick stand up for everybody that's from Myiramar, Ohio that's here to support and as well as we have a Zoom
link that we have people on Zoom as well that's from our our uh um street that's supportive of this as well. Okay, so I just want to make sure that's known that that we have quite a bit of support. Okay, I sent out a package everybody and I just want to uh first start out with I
always like to start out what do I want? Okay, what do we need? So number one is 250 Myiramar lot was 100 by 100 and has been one lot since 1946. The ordinance states if it was created prior to 2023
um the the parallel or ordinance is states that if it was created uh the it's lots created prior to 2023. This lot was created after 2023 2000 2024 and there's going to be and I'll
we'll discuss that in just a second. Um the second thing is the CND encroachment on 250 254 is that being interpreted correctly? I'll go through that in a second. And my third one is that where on the site plan does it say that the structure needs to the structure which includes the garage and
the house is at 17 ft from the street. Where anywhere does it say on the site plan? Okay. And then the last thing is which is not on your thing but I'm going to write here is if the site plans on the paperwork are not correct and the builder builds this, how are we going to hold the
builder's feet to the fire if we approved an incorrect plan? That is my biggest thing. How are we going to make the you know once once they figure out that I'm right could be I believe I'm right then what happens then you know if it is built too close to the street if
it is all these different things that the site plans are on what happens then is my bigger question um okay to turn the page the first the first thing is this all started back number one there n and October 19th
2024 the investor put in for a permit and this investor I just want to clarify owned several loss on our street. He's a big investor. He's doing nothing but rental homes on our street. Um on 118 there was a rejection letter that was
sent from the town to Kinder that Kinder Rose was the lady that did it. I don't know where Kinder Rose is now, but does she work for you anymore? She does. Whoever Kinder Kindra is, she's a very smart girl. She figured
this out. If you turn the page on page one, this is a rejection letter that Kinder Rose gave to after the first submission of the plan. If you read number it says that you know the first one talks about the buildings over 40% that needs to be corrected. One down
from that says please show the compensation of encroachment and uh compensating area on the site plan. It also says that the encroachment into the front and rear setbacks midpoint by no more than eight feet means that the post
protrusion point would have to be 17 foot. That's that's that's the structure has to be 17 feet from the road. Okay. She also writes the next one says the principal side setbacks need to be 7 and 1/2 ft from the sides. The site plan
does not say that either. and she refers back to the rule in table uh 34 3.7 that 7.5 is for lots 50 feet and wider. This is a 50 foot lot. I sent you all a a survey or if you saw it or not, but
both of these lots are 50 by 100. So the lot is 50 by 100 7.5. Okay. So let's go back. Oh wait, sorry, one more page. Turn the page one more time. She also wrote that the clarification uh on the setbacks rear, side and front need to be corrected. They did correct
the recess into the house. They got that right on the on the resubmission of plans. And then the talks about the elevation needs to be corrected too. Okay. So then go back to the uh second page please.
On 17 to 25 the permit was issued without any of these corrections done. Uh I don't know what happened. I it is a mystery to me. This you got to think about that's eight weeks. There's two holidays in that matter of time. the time it was submitted well three I'm sorry eight weeks and so and in that
time you got to remember there was Thanksgiving Christmas and New Year so somehow they they got this done in record time submitted and uh the golden button pushes they got the permit uh so on 12125 number four there states that the materials are dropped dropped off the site they started just all they have
done so far is drill into the to the ground that's what triggered me because I live right next to this house I'm like oh my goodness they're so close to the road what's going on here and then that's what triggered me to go back and look and research all this stuff. On 24 of 25, we went in front of Jason Smallley that works here. And he kind of
said, "Well, it's okay. Uh, nothing nothing to worry about. Everything's fine. You know, uh, the new ordinance is kind of confusing, blah blah blah." So, I said, "I don't believe you. I'm going to talk to public comment." I came here on 218 to 25 and I expressed my concerns. I said, "This is not right."
Um, and then on and then I was supposed to have a meeting and have them contact me. Nothing took place. I came back again on 3:17 25 public comment and I said, "Hey, this still isn't right. Nobody's talking to me. I can't get this corrected." Then at that public comment,
you at that public comment, you guys told me that Frankie was supposed to get a hold of me so that way we could have a meeting. And um, then I get an email from Frankie on 421. And there's your email written right there. It says he wanted us to understand that we were going to talk about future parallelogram lots, not about the ones I'm concerned
about. They're being built right now. And so I put a big SOS to all you. And I said, "Hey, he's not holding up the end of the deal. I need a meeting." Uh Andy stopped it and said, "Okay, we're stopping this." So, um, let's go back and, uh, you have to
have the meeting, Frankie. And so on 4:28 we had a big Zoom meeting with everybody that's on Zoom right now and everybody that's behind me. We got on this Zoom meeting. We had a big conversation with Frankie at that meeting. Only thing that Frankie and them guys believed was a problem was
that they are over 40% still from the original problem. They're still over 40% structure but on on the ordinance. Um so they're over 40%. So then he the committee said everything else is fine. We'll get that fixed. No other problems. That was it. that's how the meeting
ended. And I said, "Oh, no, that's not right." So then I started putting SOS to everybody here saying, "Hey, can I please speak to you? Can I please speak to you?" And that's how come I'm here today. Um then, ironically last week on 510, if you guys will go
to let's see the fourth page in, you'll see I circled it 510. Jason Smallley writes a denial back to the builder and says, "Please correct the revisions, the corrected setbacks, the new roof coverage is greater than 40%, please
revise the parallelogram calculations, compensation area uh to get back to our team." So more or less he obviously believed me uh because now all of a sudden we have another denial reason for them after again you remember this was submitted way back in
and January saying he was fine. The next page if you read the next page that one's on 512 Jason also that's for 524 254 near Mar Street. Same thing another correct another denial letter after being told time and time and time
again that this is correct. Um, so I can go into like why I believe I'm right. Um, they're obviously trying to cover something here. It feels like that they're like believing me or something
like that. Um, I do have some more uh points here I would like to cover. Uh, when it comes back to if we go back to page one and it talks about my first issue, like I said, there was never a 254 Myimar. It was
only a 250 Miramar and it was a lot 50 I'm sorry 100 by 100. They came in and they split it 2024 in half. The original plat that was done in 1925 does show that there's two parallelo that it was originally a parallelogram street. Okay.
But my question is this. They created it into two. And what I'm my my issue is this. If you go to page six. It's this one with the little uh blue. It says six. In the bottom corner, it says there for parallelogram
lots created prior to 2023, front and rear back setback shall be measured, you know, according to the diagram below. This lot was created in 2024. So my my situation is this. They've been paying uh assessor tax rates for one lot
for that. There was a one house on 2020 on 250. It's there was one house. They've been paying taxes on that one house since 1946. So now the builder has to pay taxes on two lots. It's re it's created two lots now. Not one but two. So right there. Before you go on, sorry to
interrupt. I just want to ask Nancy on that point since we're on it. because it was originally two lots merged into one and went back. Is that creating two lots or is it just reverting it back legally? I'm asking. I don't know if that's considered created or is that I don't think it's cons considered created. Um,
we have a difference of opinion as far as the interpretation of it. Um, physically you may have a structure that straddles two lots. That doesn't necessarily mean that it's the creation of an additional lot. So if you have a
house that is straddling two lots and subsequently the house is removed this the two lots the configuration of those lots did not change. Um the permitting for the 1946 house occurred at the county and I don't have records or
information as to how they did it. So we would have to assume that it was done correctly. Um generally when you construct over two lots uh the issue becomes the site the setback right um because that house is
going to encroach into the setback area. Um and so typically you would go to a local government to basically get approval of the lot combination. Um and that would be the genesis for the creation of a new lot just building over
it. Um, but again, I wasn't I don't know what happened in 1946. So again, I have to assume that it was correct. In 2024, when it was quote split, the actual configuration of the lots was never
split because there were always two lots. So, we interpret it differently, respectfully. Sure. Um, and but you can't uncre it, though, can you? Can't you go back? I I don't need to respond other than the fact that we have a different of interpretation. Okay. I
just wanted some clarity on Sure. But my point is you can't uncreate it. You can't uncre it. You can't go back to 250 now because the assessor sites paying tax on two different lots if you know what I mean. The It's the same thing. I developed land in Iowa. So I mean I can I'm going to I'm going to say I'm 99%
sure you can't uncreate it. But we can we can research that. So if you can't uncreate it, how was it created? That's that's important. Okay. So that's my that's even if they can even use these these this new parallelogram. That's one issue I have with it. Second one is the
uh C and D compensation. Okay. How go back to this page right here that has the blue that page number six. If you read that and just just know when you look at that diagram that the the the part on
the right is a street because it says right away. You see that on the right hand side and it says from this setback shall be measured from the midpoint from the lot line and the midpoint to the parallel front setback line. So what that means is from the structure to the
street that's uh you know the front set back right and it's also and then if you the second part is the back right so we've got B on the back side that's from the back rear line to the structure the point that we're disagreeing at maybe I don't know if you are in part of this or not u but uh says
if you read on it says the principal structure may encroach into the front or rear setback on either side of midpoint by no more than eight feet but must offset at that encroached on the other side of midpoint by the compensating equivalent to the
encroachment. Now if you go to page this would be page one looks like this. I originally wasn't going to staple these but I was concerned if I didn't they would be everywhere. Do you see that page there?
It talks about you see what they're doing here. Are we all there? Okay. What we're doing here is we have C on the left bottom and D on the right top. And on the back of the house, we have a D on the back and we have a C on the top. So,
what they're doing here is that they are actually taking away some of the structure in the back of the lot. That's that big piece, the big D in the back, and they're putting it up to the front. Um, if you look at the numbers of encroachment and we all know that midline runs right down the middle of that lot. So encroachment is
44.84 the little C I mean the C in the front and then the compensation 16.34 on D in the front. The only way that's happening is because they're taking D in the back, taking a big chunk out of the back and they're putting it to the
front. If that makes sense to anybody if you can see how that's working. So what that is is happening is our little street of Myiramar Street. We all know it's a very narrow street, right? So we are now building the whole house closer to the road, which we already have problems with parking. This is a
fourbedroom, four bath home that's going to be used as a rental. And you are decreasing uh parking for these people. And what happens in our area down there is that people, we literally when we drive down the street, we have to dive into each other's driveways just so that we can miss each other. It's really a oneway. And if you're walking, you have to dive
into somebody's driveway just to get out of the way so you don't get hit. So what this is creating is it's all being moved to the front. So I believe that two things. One is is that if you look at these numbers and how I'm showing that it says it's supposed to be given back on the midpoint on the other
side. What they're doing is they're adding up all the D and they're adding up all the C and they're saying we're giving you more back than they're taking because they want a swimming pool in the back. That's what they're doing. And so,
um, that's the number two on the very first page that I have an issue with. And then the number three, look back again back at the same encroachment. I Oh, they had the diagram right up there, too. Thank you guys. Can you zoom in on that at all? the front
quarter. It says if if you read back on their first denial letter, it says that the structure needs to be 17 feet from the road from the front. You see it says 12.59 right there in the lefth hand corner bottom. I'll show you. I see it.
I can see it. I see it right here. This is the structure right here. Can't hear you. You got to Becky, you got to be on the mic. They can't hear you. Did you see my point? Okay, that's 12 point. What is it? 56 59 59. Okay. The structure is right there. So, you have
to tell me that there that's 17 feet back. The builder or the the designer here has been very creative and not put all the details on this design plan and it's leaving out things that it's not correct. And so, I guess I'm just going to circle back and just again I don't
want to waste your time. I want to keep your attention here, but the same hand I'm issue is this. We need zoning. We need everybody to protect us and our on our streets and things of that nature. I talked to LPA and what they told me was that they don't look at site plans like
this. What they do is go with the compensation plan. They do this kind of thing. They don't go into the details of all this kind of stuff. So the only the only one-stop shop we have is zoning. So if they're wrong and I'm not the neighbor that can knows a little bit about this stuff, what are we going to do here? And so I
what I'm looking for if what I'm asking you guys if I was in your shoes and this was and I was positioning myself in your position. I'd want somebody to look at these plans and double check our zoning. That's what I'm asking for. Whatever way we can do that. It's going to cost maybe
a thousand bucks to have an engineer take a look at these. It's going to be far less expensive than somebody having to pay somebody out in lawsuits just to make sure this is correct. That way when the builder does build it is correct. You know what I mean? Like how am I going to hold the the builder's feet to the fire if they're they're for passing
plans that are not correct? That's what I'm concerned about because they're going to say you told me I could have a question for you. Yes. On that 12 12.59 it's hard to tell because this is very small. We don't obviously have plans for the house here.
Is is that a footing? A footer or is it a I can't tell from the pictures if it's an overhead deck that's a candle levered or is there an actual footing there? It's a footing. It's a footing holding up a post for a deck and it's actually drilled at 10. So what's
what is the footing for the actual structure of the house? What's that dimension from the street? You can't see it on here. We see it's not there. It's not there's no 17 there. Well, I didn't I again we don't have the plans. I only have what you gave us. That's exactly I don't know if there was if there's
something that I'll ask staff if there's something that they have for that. Sorry. I don't see what that dimension is to the actual house structure. Sure. There isn't one. And that's been my whole thing. I keep coming to you guys saying, "Hey, this house is being too built too close to the street. This being too because I have a tape measure out there with the
street and where that post is." I have a tape measure out there and it is and it is measuring. And the reason why we even know this is because they dug the hole. We could see the hole. You know what I mean? We could see it and that's why we know. And then Frankie is telling me that I believe it's
Scott here. No. Um that they can't do anything until it's up. You know what I mean? Like they they they can't do anything until they you know it's actually in the up up. So we can you know then look. I'm like no no no but you can look at it on paper. It's wrong on paper. So anything you like to speak?
Um Jennifer Rask, uh, resident of Fort Mayor's Beach in Myiar Street. Um, I just am I don't know the logistics, but um, listening to what Becky is saying and it just makes sense to me. Um, just
to go back about a year ago, we had an incident where a woman uh fell ill and we had two fire trucks, two ambulances, and about four police cars on our street. It did take up our whole street.
Um, I am concerned that with this development and it's going to be a rental, we're going to have so many cars parked there for a four or five bedroomedroom house. we already do with some of the newer developments where
I've seen 11 12 cars seen cars parked right in the street. Um I actually had cars parked and block me in on Easter weekend. So we have a lot of uh bigger houses going up which will require more parking for more of our tourists. And
it's just we need to make sure that that property is set back so these vehicles can safely uh park so our fire trucks and our ambulances and our um safety is at the most concern. Also for them to be able to get off our street. If they're
on our street and helping and we've got cars blocked, then they're going to have a hard time getting to their next call. And that's a that's a real concern. So, um, that's it. Thank you. And I I don't know where you guys take
it from here. I don't know how this happens. Well, I'd like to hear from our staff, too. Their side of your conversation if you don't mind. Is everyone okay with that? I would like to hear from staff to find out because again, without having plans, is it open underneath? Can they pull cars all the way underneath? Is it enclosed? Is it garage? Is it We don't have the plans,
so it's hard to to justify, but I sounds like staff is well aware of it. I'd like to hear from them as to what what you're saying. I I if they agree, don't agree and why they agree or don't agree and and I and I'm totally fine with that. Like I said, we've been down this road a few times and I and I just kind of get
nowhere, but I'm more than willing to listen. Well, Joe, I see Joe's here. Joe, you you're familiar with this, I assume, with being the building official. Judah has start with Judith. All right. Sorry, I didn't know you. Let me start with Judith first. Mayor, while she's coming up there, I just want to make
sure that my words um are were clear that the county allowed um issued the building permit for a house to straddle two lots. That in and of itself, in my opinion, is not a lot combination. Um so there was no real change of the
dimension of of the lot. Typically, when you have a lot combination, the actual picture of the lot changes. um to show that it is one big unified and then when you have a subsequent lot split then you divide it and then you have the two.
That did not happen here. It was uh two lots always but the county permitted the structure to go across the property the property line and and and I do understand what you're saying but there was never a 254. They were only paying taxes on one lot. Right. That that's
another that's another issue. And again, I'm not going to get into a an argument here. Um, but generally, just to let you know, the addressing does occur later on in the process. Correct. So, okay. Judith, come on. We have seven. All
right. Trying to keep it another 30. Good morning, Judith Bran. Community. Have you seen what they handed out? Do you have this pack? Okay. I I saw this and we have had conversations and we had a meeting um with staff and um some of the neighbors a couple weeks ago so we're familiar with their concerns. Um I
I put up made some just like kind of basic slides just to go over with you um kind of the the situation and then we can go back and forth. Let's see. Okay. So you've seen this this is the diagram. Okay. So there's two things at
play here. So in the parallelogram lot go can you go back to that one picture because I have a question on that. So if you're just looking at and there's no context to it to me that looks like whatever you have for C has to be the same size. Is that correct just by looking at the picture not knowing any
context? Uh so so can those numbers be different or do they have to be equal? If you look at the if you go back here so it's A B C D and E. And then those kind of relate to the the okay ones on the diagram, right?
Um so they're meant to be compensation areas. You can extend out a little bit past the um typical setback and then you have to provide a a compensating area of the same square footage. The idea, I believe, when this was um enacted was
that you you're not going to be able to get a bigger house necessarily from choosing this option, but it might be easier to um build a more rectal linear home than otherwise you would be able to. Um so by having these offset areas, the idea is you're going to be able to
build a similar size home that you would under typical setback regulation. Um, so we can talk about some of the the language here and how staff reads it. Um, the first sentence about created prior to 2023, what we're talking about
is a new subdivision. So, if there was a um a large acreage area and a developer were to come in and subdivide those up for single family homes, previously it had been something else. We would not um well we would discourage parallelogram
lots probably altogether but any new subdivisions, new lots platted um would not be able to use this ordinance as a way to discourage people from creating new parallel ramp lots because as we see it kind of creates some issues. So when
staff is reviewing them we're looking for what the underlying plat is. So we go back to the original plat books. In this case, you heard it's 1925 when these lots were platted. Um, they were platted as parallelograms. Um, and even
when there was one house over both lots, it was a parallelogram lot. The shape has not changed. Um, it sometimes what people try to do is is divide not along the original plat lines and you have to get extra permissions for for doing that
kind of thing. That's not what happened here. There were two lots. there was one home built at one time. We don't have those original 1946 records. Maybe there was a unity of title, maybe there wasn't. Um the Lee County property appraiser records are for the purpose of
appraising property, right? Um so they had it as one parcel for tax purposes. Now it's two parcels for tax purposes because there's going to be two homes on those lots. So that's how staff views those things. um in talking about the encroachment and
the compensation area further down what it talks about is the midpoint and what I'm going to show you is so there are two midpoints of any property lengthwise and
widthwise so the compensation areas in this case are present I'm going to show you more specifically exactly um what they look like Um, so the language is not specific that it C and D on the front have to equal
each other and C and D on the rear have to equal each other. It's just on an opposite side. Um, so there are two midpoints. Whether you're providing that extra space in the back or in the front, the code allows that flexibility.
Um, additionally, what's important to also remember is that with any house, any single family house, um, you typically have a 25 foot, depending on the width, 25 foot front setback. Then you're allowed on the first habitable level to have a 10-ft encroachment into
that setback with um, deck, porch, a balcony, covered or uncovered. Most homes, new homes being built take advantage of that. It's nice to have that that deck up on your first level. Some people choose to put their um stairs there to kind of just get a
little bit more space so you don't have to put the stairs inside the the home proper. Um they haven't done that in this case. The stairs are set back. Um so we're talking about that 8 feet. you're allowed to encroach 8t into that 25 ft, but then you get another 10 feet
after that, which gets that um that post, that piling that we're talking about that supports that deck that's on the first level um much closer to the front property line. So that's why I'm also pointing out this section of the code because
they get used in tandem. Okay. So, you've seen this. We just looked at this. Um, I pointed out in purple the two midpoints. Um, it's hard to tell. I have a blue line growing across what is the the front line of the
house there. Um, and you can see that the C in the portion that's closest to the street where it says PE, I think they've called that PE for porch encroachment. That's the front porch. So, that is open. Below right underneath there is the
garage for the home where you can park a vehicle. Um and then you could park a vehicle, you know, partially under that deck and then into that driveway. Our code only requires two parking spaces for a single family home. That's the standard. You will be able to
accommodate at least three cars um including the garage space on this lot. Um is the one on the top of garage too? Looks like it's another driveway. It's two driveways maybe. I don't think that's a driveway. I think that's they have storage there. I'm going to I have the So, you can see the front elevation
there. You see the the garage door on that side. So, um only one of those spaces is the garage. Um I also wanted to point out you can see on the the left side there of the image, you see the um the first floor deck and then the open
space underneath. So, the porch is coming out further into that. they're allowed to do that. Um, and that's where we're looking at that 12.5 setback is to the porch, not to the house. Is it can levered or
is there post right there? So, it's not canled. Yeah, the top image is just the front view and then the view underneath it is from the side of the house and you can see on the left side you see what that looks like. Yeah. Sorry. Um, and that's
an that's an enclosed garage. Yes. the garage where there's the garage door is in it's enclosed for the garage door. But the left side of the door, front door is not on the left side. No, that's a storage space. Storage. Yeah.
So, we're going to go back to this this site plan. So, okay. So, yeah. So, the space where there's the sea there, that's actual house in the front is the
house. But um I I actually think they maybe underounted what they're giving for D because that portion where you see D also on the the front facing near Mar Street, there's area there that's that's front porch that they didn't count into that D area. So, I mean, they may have
actually undercounted their available compensation space because they're not counting that front porch, which we don't count towards the setback. Um, and then you can see they have a quite a big um D space um on the side in the in the
rear. Yeah. So, for the record, the it was my understanding there was 140 something parallelogram lots on the island. Is that correct? Yeah. So, I looked um when this was um approved, this went to I think it went to at least
one LPA and two town council and I think it might have gone to more meetings than that. Um in the discussion, there was a report produced by Homebound um who does uh pre-fabricated houses um and I guess they were having some trouble getting
those prefab houses to fit um on the lots and within the code. And so they came and they proposed a couple changes um at that time. In the report that they did, they counted 148 parallelogram lots, but those are the ones I would say that are like this
on Myiramar and Fairweather where the whole streets are are parallelogram. There are other kind of parallel oddly shaped lots, you know, there's like there's like six or eight lots on Eststerero from Hibiscus down that are
they're not par parallelograms, but they're oddshaped lots. But so my my follow-up question is how many lots how many houses have been built on these using this parallelogram? So I I don't I don't know the answer to
that. We don't keep track of things like that. Uh we'd have to do like a full report of all new houses been built um since the code took effect. Um my guess would be any home that has been built was probably built using this.
I can tell you this is the first one. Jason told me that. Hold on. Okay. I'm just asking. I mean it may be I I have not pulled a report looking at just because because I I know there's a several new homes on fair weather that have been built. Um, did they not use I
mean I'm pretty sure it's been used. I don't know about on on Myiramar, but I'm just asking. Well, street was not used for this. To me, it's not so important how many. No offense, Scott. Well, it's it's a it's it's what we have. So, so my question, Dan, to make it relevant is is
if there were other homes that were built, then why didn't we see this issue? If these are the first two homes, then then it's it's it is it is This is Baker. It's It's Baker. Alex King just got one at 240. He did not use We can't hear you. You have
to come up to the mic. Alex King just built one at 240 Myar. He did not use a parallelogram block. Okay. Three houses. Oh go Judith come back. My question because the buzz buzzer went off. So let's get to the meat and potatoes of this. Is it is it your professional
opinion that they are this house is being constructed within the guidelines that are in place in the town of Fort Mar Beach right now? Yes, with the caveat that there were some hiccups along the way. And so there were an issue where the um the builder placed
that front um piling in the wrong location and he has to move that. Obviously, that was done incorrectly and there's been revisions to the plan. Um, and I think that there's some things we can do internally to make sure that some
of these things are kind of tightened up um, moving forward, but they've used the the parallel parallelogram lot was in existence. Um, it's being, you know, using the zoning code correctly.
And I don't know if this question is for you or if it's for for Joe, but the issuance of the permit and then a now rejection letter as of this month for what appears to be some of the same issues with impervious surface
calculation setbacks. Is that still an issue or has that been resolved? So trying to understand how we issued a permit. Yeah. And then we issued a rejection letter. So I I mean Joe could probably speak to the the the issue with the piling being put in the wrong place and having it
stopped and then we took a look at everything else that was going on because when you're doing one thing incorrectly then we're going to look at everything that's going on there to make sure everything is being done correctly. Um and we asked for some clarifications to their site plan um at that time. Um,
and Jason has made some um, comments to have them come back because we're trying to make sure when they go um, and are allowed to continue building that everything is done correctly. Um, well, and I'm just looking at it. It's
two different permits and two different addresses. These rejection letters are for two different properties. So, there's two houses. There's two, you said there's two lots now. It's 250 Myiramar and 254 Myiramar. They're essentially the exact same house. Um the
pretty much exact same plans were submitted. I guess what I was getting at is I was looking at this as though it was the same permit as a permit was issued and then we sent the rejection. But this rejection is for a totally different permit. According to the permit number, it is on on page Well, this doesn't have a
page. It's the page just before number one. It says regarding 242-720, which is the permit number for 254. And if you look at the one before it, it's for 242718 250 Mi Mar Street. But then as you go back, the the original one from
1128 was for the the 718 permit. So who know? Yes. Okay. I just didn't print off there is a there is a rejection on 254 as well that was done the exact same time that Kendra did it. I just didn't put it in here. It's for both of them for both. I'm just trying to make sure
I'm understanding what's rejected from the very beginning and now both rejected again. So where are they at now Judith with these? Where where's the town staff with this? So I believe that the applicant has submitted new but the applicant has has done
revisions now um that I believe are going to resolve the comments. Um, one of the the comments once we do the the re-review, so sometimes, um, applicants will submit drainage plans and site plan as the same document, but they're not
100% the same, and there were areas where we had to, um, ask them to exclude from their calculations. Um, the house is substantially the same, though. Okay. But to be cons concern of everybody else's time that's here, we did say 30
minutes. Sounds to me, any other council wants to chime in. It sounds to me like there's still some discussion that needs to happen. It wasn't a definitive answer that yes, they're meeting all the requirements that they need to meet to continue building this. And maybe I don't know if Joe wants to talk or not,
but if do they have a permit issued permit or has there been a stop work order on the permit because of these zoning issues? Yes. So, it has been stopped. Yes. Because of these. So, you are working through these issues, right? But they're they're if not completely resolved
because I haven't looked at their latest revision which came in last week. Um I don't know if Jason's looked at it yet. Um but the issue of the piling being in the long in the wrong place, that's you know that obviously is going to be corrected. Okay. So, as of right now, there's no building happening until
staff is confident that all the requirements have been met within the town code. Yes. Okay. So, are you still meeting with Becky and the Myiar Street team or I don't I don't know, Becky or Nancy, where do we go from here? I don't Yeah, I think staff just needs to
complete their work and um and then at that point is is the build is does the builder is the builder here to You don't know. Yeah, he's here. I mean, I I think due process we should hear from both sides, right? Well, we're
not really taking any action other than allowing staff to continue to finish their work as they typically do. And um as they work through that process, there is communication with the builder, right? Going back and forth. Correct. Can I just say one thing though, the issue is is that what happens is I get
no communication. I didn't even know the rejection letters happened until I looked online last week, until the meeting was today. That's how much communication I get. And I have to I have to include all of you guys on my email. But Frankie to get back to Well, and but in fairness, can I just have one? Not every neighbor gets a rejection
letter. I mean, the rejection letter goes to whoever is on whoever's name is. Off off the website, right? That midpoint on the top of there doesn't exist. Look at the audience. That's all I'm asking you to do. Look at the audience. They've added that midpoint going through the middle of the house
that way. The midpoint is from the middle of the street and back the lot. That's why they're getting That's new. Look at the recordings. It does not. I mean, it's there in black and white and it says it on the picture.
If you bring up that picture again, when you say it doesn't exist, what do you It doesn't exist. Well, it has to exist. There's got to be a midpoint somewhere on that lot. And you look at the ordinance and it shows you where the midpoint is. The midpoint is that big blue arrow and that big blue arrow. Okay. There's no arrows anywhere else.
So, there's no midpoint that way. That way there's no midpoint. It says it gets paid back across the midpoint. So if you take it here, you give it back there. Well, again, there obviously has to be a midpoint, right? I mean, I can look at that and tell you there's a midpoint on
the side setbacks. So wherever the 50% is and you draw a line straight across the That's just the side setback. That's that's a midpoint of that property, though. I guess I'm not understanding what you're saying. There's not a mid there obviously has to be a midpoint. Are you disagreeing with where they're saying the midpoint is? Is that what you're trying to say? The midpoint is
down the middle of the line. It's not across. Even in the definition, it says in the definition. Read the definition. And this is and this is going the middle. No. If I may. Yes. What the diagram refers to is A and B. A is the front
setback distance. B is the rear setback distance. And they're two different setbacks. They're not combined. Two separate setbacks. You're combining them in the C and D computation. You're combining them all and you shouldn't.
Well, again, Nancy, I'm going to go back to you. We can't spend all day going back and forth here. It sounds to me like it's a staff interpretation issue really. And um you know, staff is tasked with the day-to-day implementation of this. If there's ambiguity in the code,
staff would come to you and and ask for a formal interpretation of how the ordinance is uh to be applied. So, at this point, um staff feel apparently is comfortable with their interpretation of the code. Um I don't think that there is
ambiguity um because if there had been, I probably would have gotten a phone call and then we would have come to you. But this is the way that they have administered it. Um but it there is a difference um based on the property owner's interpretation of it. I've asked several times for
Frankie to connect with you on interpretation and he hasn't done it. So I'm just telling you I've asked several times. Well, John, do you have anything you want to add? No, thank you. Jim, nothing additional this time. Okay.
So my only question is I mean this this is one issue that we're going to deal with with these homes that you're going to continue on but then is there another issue and I guess I asking Nancy this that we should further look into the
ordinance that was approved and if there's issues that are coming up that we need to look at that. Oh that's a first. So later on in the meeting uh we are going to talk about um SP 180 which is
the um following uh SB250 which does tie um council's hands quite a bit as far as not making any existing codes more restrictive or overly burdensome. So you wouldn't really be able to go back and
change it uh where it is more restrictive, but you could perhaps interpret it um based on how staff has been applying it. But I haven't heard apparently this is the only the only case that um this issue has come up um
in um we could go the formal interpretation route if if that is what we need to do. Um but again, even with your interpretation, you can't make it more restrictive or overly burdensome because then um we would be violating
that section of Florida law. That was my question, but you already covered Scott. Yeah, that that was my question. Is it is it this is the first lot that is is going down this parallelogram thing. I I think the
proper course would be to send it back to staff and either in the MMP or or the LPA take a look at this and and we we go that route. But we can't to make we can't make it more restrictive at this point. I I
understand. I'd like LPA to look at it. And if there's 146 lots that we're going to have the same problem, then Well, I I don't disagree with you. I'm just curious, Nancy. Where does that leave someone that's already in the process in
relation to being issued a permit, but now there's a stop work order. It sounds like Well, there's only one stop work order that I'm familiar with. Um, is there a stop work order on both properties or just So, two two lots, same same builder,
same owner. Um, where does that leave them? working uh initially with staff to try to resolve some of these issues and staff will um apply the code and um either the stop work order will come off or it
won't. Um we just need to have a final decision on the extra u issues that need to be addressed. Yeah. Yeah. I mean I I mean so let staff finish their job, dot the eyes, cross the tees, and then at that point we can
reassess as to what what needs to be done or can be done. That's I mean I understand your recommendation, Julie. You got to you got to finish you and staff have to finish your job and if you see issues that are not clear, then you would bring
them back correct for discussion either at the LPA or council for a change. Well, it would be coming back to you in the form of um an interpretation of your code. Is there any kind of priority we can give to this because this has been going on for quite some time and we need to
come to some answers. So, I I know staff your plate is full. I totally get that. But is there any kind of priority that we could put to this? Well, I would think that some of the priority lies on the builder, right? I mean, if you've given them a rejection
for whatever reason, it's on the builder to correct that. As I said, I believe they've they've resubmitted now and are, you know, we're probably pretty close to moving the permit forward. I mean, that doesn't resolve their issue, but it Okay. So, you're still in the review
process based on the last rejection? Yes. Okay. But it hasn't been approved or denied yet. It's still in review, right? It's just stopped working order now. Well, but they've resubmitted is what you just said. they've resubmitted and so I I have not fully looked at that so I can't tell you
but I think that they're pretty close based on you know the comments that we had. I think they understood what they needed to do. Okay. And then so sounds like it's moving forward for the residents on Myar. Nancy, what would be their course of action once what can
they do in in a sense if you and staff feel that you're following the ordinance as it was intended? if they disagree with your your interpretation, I guess is the word I would use, what what can they do? I mean, we can't keep we can't keep coming back to council and talking about
something that isn't necessarily an agenda item, right? Well, I think that there's also been um references made to pursuing any other legal rights that they may have. Um I'm really not in a position publicly to give them any legal advice as far as what their next steps
should be. Um, I have full confidence in staff uh to to get the job done. Um, they do frequently call me and we bring in Andy. Well, that'll be Will, Will and Frankie to um to discuss and when a decision is made, it's made based on the
understanding that we're doing it right. Well, Becky, I I want to thank you guys for coming in and and you know, if there's an issue with this, we certainly are willing to take a look at it. Um, I think staff is doing what my opinion is. I think staff is moving in the direction
in which they interpret they interpret the ordinance. You sounds like you guys don't agree with their interpretation. Um, I'm comfortable with letting staff move forward with their review of what has been resubmitted and and let the process work out. Um, I don't know what else we can do to My only concern is is
this has been passed already and the only reason why we're here today is because of me. Because I kept coming back and saying it's not right. It's not right. All I've been told is right. It's right. It's right. is not right. So that is my biggest issue. Is there any way we could have somebody double check us?
Besides here, is there anybody we could hire on an outside look at this? Well, I don't know that to me, I don't feel comfortable questioning our staff's they're they're professional planners. That's this is their their job. We're not professional planners. They are. If
they're telling us that they are following the the policies that we put in place, I'm not I'm not I don't want to hire someone separately to challenge someone that the town management. If there isn't competence, what happens then? How do we prove that? I I'm not an
attorney and I don't think she But that's my that's my thing. You see what I mean? I have I've proven many times that there that it's not right. And the reason why we keep coming back here because it's not right. That's why there's new denial letters because of me. Not because of them. Because of me. because I keep coming back and saying it's not right. That's where it's coming
from. So, I'm just saying you can move up because it's it's hard to do. I'm just sorry. I'm just trying to tell you that's the reason why it's being corrected. It's not because of them. It's because of me. Okay. Mayor, can I add one thing? Yes, sir. Anything we do, we don't send out
letters to everybody. You'd have to do public record request. So, you might want to every week maybe send something to Amy. We typically don't do that. If we do, then everybody in town expects us just to send them all of our documents and things like that. And those things are usually on posted online. They're
very accessible. So you can I just get an email that says, "Hey, we did this since this is something." That's typically not what we Okay, fine. I'll look every day. I'll look every day. Well, the other the and I've said this since Ian, I don't know. My guess is you'd have to have buyin from from the builder should you want to be I've
always said if you're an absentee builder or you're an absentee owner and you want to know what's going on. Staff is only going to send emails out to those who are on the permit. They're not going to they're not going to send it out to anybody else. So if you're on the permit as a as a recipient of an email, then you would get the things that he's
that we're talking about. But again, that would have to fall on collaboration with you and the people next door on whether or not they they're comfortable with that. But I encourage anybody who is building out of out of state to include their email address on any permit if they've hired someone so that
they get the documentation from the town just like the developer or the builder would. I would also just ask that the developer of these properties of 250 and 254 maybe go back to the drawing board and be kind neighbors to us. Uh I believe we would
all very much appreciate that. Well, I would highly encourage you sitting down. I mean, communication fixes most things, right? So, if you guys can sit down with the builder and maybe they can, maybe they can't. I don't I'm not going to speak for them, but um I think we've got a path that we're going to go forward and and Becky, I do appreciate all the
work that you do because it's it's a lot of work to stay up on some of these things, especially when you've got to come from all different directions. So, I appreciate your hard work and and I believe staff will do what is what their interpretation is uh of the ordinance to apply it to this this case. If there's an issue, we'll certainly revisit it if
we think that if they tell us that there's an issue with policy, we appreciate your time. Thank you. Thank you. All right. Next is the local achievements and recognitions. Now,
well, I I don't want to take a lot of time, but just this last week, uh, we lost I lost an uncle, but the town lost a civic leader in Jim Steel. He passed away suddenly on Thursday. Uh Jim uh moved to town uh and here in Fort Myers
Beach from Indianapolis to retire uh up in Indianapolis. His career was in public service. He was a controller for the city of Anderson. He was also controller for the city of Indianapolis under mayors Hudnut and Goldsmith, uh head of the Indiana Bond Bank, CFO for
the Indian Indianapolis uh city county council. And then Jim moved to Florida to retire. Of course, nobody retires here in Fort Myers Beach. He got involved as an LPA member. He was on the audit committee for a long time. Uh he then was called upon by his local
citizenry to serve as the intram town manager, which he did for a year and a half. And then uh after Hurricane Ian, he was called upon again uh to serve as the intram town manager in a real pinch. Uh and he was challenged by one of our colleagues that that that hey, why would we pay this person when we have the
existing town manager who was on his way out? And Jim stood up at the at the old army tent here on the old property after the storm and said uh this won't count this won't cost the town a penny. I'll do it for free. And uh and that was just Jim Steel. So uh Jim uh also enjoyed
being commissioner of the Sunday morning golf league which he uh participated in for many years and just loved the island and he was loved here uh as well. So just wanted to honor his service and that's all I have today. Thank you. Thank you. Uh, councelor King. Uh, just
briefly, I guess as brief as I can be, uh, welcome, Will. Uh, thank you for wanting to be a part of this Fort Myers Beach community. Looking forward to, uh, working together. Um, since this will probably be the last opportunity to publicly embarrass Andy Hyatt. Um, thank
you Andy um, for all you've done for the town for the last two years. I've watched you uh, work constantly above and beyond what I expected. Um, uh, you're a good and decent man who did not deserve the abuse that came your way. All I can say is
lyrics from the refreshments that the world is full of stupid people. I'm sad to see you go, but I'm very happy for you, Susan, and the kids. You've earned your time together, and you deserve it. And I'm going to quote a couple of folks. Dave Loggins on the man
from Tennessee. I'll just say in the words of Andrew Gold, thank you for being a friend. That's it. That's it. All right. Woodson. Um, I just recently found out about Jim Steel. Um, I found out
yesterday and I can honestly say that unfortunately I didn't get to meet Jim until after the hurricane. I wish I would have known him for the years and years that he was here because he was a fine fine man and he stepped in no matter when we needed him. And so
I send my condolences to you and your family, Jim. I mean, he was just a great great man. Um, on the flip side of that, we had a great grand opening this week. Um, so the long cherished sobs. It's
been open for a while, but um they wanted to do the grand opening when all of the tourists had left because they wanted it to be for the local people and the residents. And so I commend Peter and Nick for all of their insights, what
they do on this island with their restaurants, everything they do. Um but it was a great welcome back and I hope we all will visit it plenty. Thanks, Councelor Zepford. Ditto Karen. Uh, Jim
Jim Steel was he and Dan Hughes were my my my two mentors and uh I I really feel with without their guidance and just their friendship that I probably wouldn't be here today on council. They they were great men and um
my condolences. Well, I've uh already said my piece yesterday, so I won't in the sake of time I won't reiterate everything that's already been stated up here because I agree with everything. Maybe not some of the music lyrics, but no, there's a different taste of music,
John. U so I will leave it at that. Next, we have Jennifer Rusk here for council or committee reports. Good morning again, Jennifer. If you get bored, you can color in meeting. And I did add crayons for you.
And there's information uh well, good morning, town managers. Welcome to the community. We're really looking forward to working with you. Um my uh father-in-law is a retired uh lieutenant colonel and uh so thank you for your
service and we are so lucky to have you and we all look forward to working with you. Good morning council. Good morning uh good morning uh town attorney and uh madame clerk and staff. Okay, so this is going to be super
quick. I'm here on behalf of MURF. Um just an update on the children's book. We have been we've given out almost 26,000 copies uh just within over a year. Uh some of the places that distribute them, Publix, Pink Shell,
Diamond Head, Margaritavville, Tuniskin, Town Hall, Gossalano Hospital, Library, Moundhouse, FMB Chamber, Rental Agencies, Lever's Key, uh Crow, Turtle Time, Lee County Parks, neighboring
community, and um just a quick uh little story about um after Ian, I was helping the Mountain House with a children's uh um uh summer program. We were out on the beach and a little girl uh was uh came
up to me and she was asking me when the next time she would be able to go back to school. She was missing her school terribly. In fact, I try not to get choked up, but it was heartbreaking. And here we are back
again um in uh square one. And I really really hope we can get our school back. Uh I was able to take um these books to the school. In fact um after it opened after Ian uh and uh some of the children actually contributed to this children's
book. So we really need to get our school back. Um so just to let you know that we received $4,000 from the community foundation to go towards printing more because we are almost out and uh and so uh let's see. Um there is
a request that I ran into Jeff at the um uh the cruiser appreciation day and requested a QR code that would take you right to Mount House Bay Oaks Bayside Park. And so, um, I'm hoping that you're going to get that to me, as well as
maybe a QR code for the community foundation and, uh, and, um, turtle time. If anyone wants to, uh, help, um, get us, uh, some more books, you can always, uh, reach me at
juskfmgmail.com. I, um, also would like to give you a report on turtles. Uh the sea turtle nesting season we have seven nests and 35 false crawls. I walked in zone three and four. Four is where the old junkanu is. It's all roped off. I
would just like to remind my community to be very careful. It's uh it's almost like quicksand. So don't go underneath that caution tape. It's very dangerous. And uh I did see somebody do that, but they didn't get very far. So, um just
would like to uh remind my community for morning walkers and evening walkers just to be cautious and go around. You have to actually go all the way up to the to the landside uh uh of that section to get around it. Anyhow, thank you. Any
questions? Yeah, someone this weekend was I know nothing about Shelly. I'll be honest. Shelly, they all they all look the same to me, right? Shel or Shelene? Shelling? Shelene. Shelling. Okay. you you've had such great success with this book and obviously all the places that could you expand it or could Murf
look at expanding like maybe doing a shelling book because as now I've started looking into shells there are very colorful very vibrant and I have found out that there are some very valuable shells yeah that if you find one I don't remember the name of it is that what it is yeah to me I can't tell
the difference between the lightning welk and whatever but it' be cool for kids to be able to have or adults to have something to refer to to say this is what this looks like and then color it in. Yes, that's an idea that Mark could kick around. Well, I already had that idea. I would like to add another page to it. So, but I can't discuss that
with you. I have to go to my committee first. I think it would be fun. But I but I will definitely make a recommendation, but again, that's going to cost some more money for Miss Macy Null to go back to the drawing board and add another page to I can't promise I'll stay within the lines coloring, but I'll
give it a try. Yeah. All right. Any other questions? John, I just would can't wait to see you out shelling. Jim, yeah. All right. Thank you and have a good day. Thanks. Okay, that would be a sight, wouldn't
it? I got a bucket for you in all my free time, John. I'll get out there and pick up some shells. Uh, approval of the next is the approval of the minutes from the town council meeting April 21st, 2025 and the town council meeting on May 5th, 2025. Is there a motion to approve the
minutes? Mr. Mayor, I've got one change on page 17. Um, it says Mr. Markman. It's Mr. Mchman. M R S C H M. Is it April 21st or it's on
page 17 of our packet? So, okay. That's probably the first No, it's probably the second one. We'll figure it out. Monday, May 5th. It's the May 5th one. Mr. Mayor, move to approve is corrected. Motion by councelor King. Second. Second
by councelor Safford. Any further discussion? All those in favor signify by saying I. I. Opposed. Hearing none. That motion carries unanimously. There's no items for the consent agenda. There's nothing been removed. So that brings us to our public hearings. The first one is
St. Peters Drive. It's a dedication of St. Peters Drive, a private road to the town of Fort Myers Beach. Nancy, are you going to start or Mr. Bowen. Um I can just introduce the item and then Mr. Bowen can make the request. Okay. Um so he uh Mr. Bowen has also come to you
before um asking um whether or not the town was interested in uh accepting a dedication of a private road uh St. Peters Drive uh as a public road. At the last meeting, there was some uh
discussion of the need for additional information as far as ownership. Um and we uh basically have come to the conclusion that um the town that that it is privately owned and
if it is privately owned that um the acceptance of the dedication would be appropriate. If uh there is a statutory uh dedication process as well that relates to the construction um of a by a governmental entity of the roadway and
whether that governmental entity has maintained and repaired continuously and uninterruptedly for four years or if it was uh constructed by a non-governmental entity um or if it cannot be determined
as in this case um whether or not there's in regular maintenance or repair for seven years. So if I think you have the uh the legal right to accept it if that is um in your mind uh based on uh
evidence presented to you that it does serve a public purpose to go ahead and um accept the road and make it a public road. Mr. Bowen, you want to don't want to force you, but if you
want um Frankie was going to uh after meeting with Nancy and staff, I think we come to the conclusion that it doesn't form any additional liabilities to the town and it is in good shape and good standing and uh we see no problem with going ahead and
recommending it become part of the town roadway. Okay. Um if I may also add since um the last discussion the public last public discussion of this I also learned that the initial intent of the developer was to uh dedicate it to the
public. However, then there was some subsequent conversation about putting in a gate which was then the reason why they did not go the the public route and Mr. Bowen can further elaborate on that. Yeah, that's correct. Uh good morning
council. Um that mic. And since I uh last appeared before you, uh the town has installed four street lights along the street, has uh graded the rideway, and has finished a drainage
project in the back. So, I guess there's all indication that uh the town has been maintaining the road. Um as Nancy said, you know, the intent here when the county approved it was was going to be a
gated community that uh did not occur for whatever reason. Uh and the street has been open to the public, used daily by the public ever since. So um you know the association and the members have
directed me and asked that uh the town consider accepting the dedication of I'm here. there are any questions. And in reading in your packet, is it also you're asked that you want to still maintain? Yeah, there's two islands. One where the gate was supposed to be and
then a turnaround island at the end and the association would like to continue to maintain those islands. Scott, any questions for Jim? No, sir. Karen, none. I'm ready for a motion. I'm ready to make a motion.
Make a motion. Mr. Vice Mayor, before you do your motion, um the actual deed um of the property for whatever interest they may have would have to come back to you and then there would be a formal exception acceptance. So because this is a hearing too, should we do public
comment? Should we even do Yeah. Well, correct on the public comment, but also um today's hearing the the purpose is really to say, do you even have any interest in this? And it sounds like you may. So, just consent at this point or
do you want to you want to formalize? I think I would just need some direction uh if if that's the will of the council to come back with um the formal documentation to to do it. Let's get public. Thanks, Jim. Thank you. We'll
open up for public comment. Is there anyone that'd like to speak on this public hearing? Seeing none, we'll close public comment. Vice Mayor, Mr. Mayor, I move that we begin the process through our town attorney to accept the dedication of St. Peters Drive. Second. Okay. Got a
motion by Vice Mayor Adheralt, seconded by Councelor King. Any further discussion? Vice May I. Councelor King. I councelor Woodson I. Councelor Safford. I as well. The motion carries unanimously. All right. The next seven items on our
agenda are public hearings for review of various land use requests for the benefit of the public. Please be aware that these items are quasi judicial in nature. Our attorney will further explain. Thank you, mayor. Sorry about that. Um, zoning revisions, special exceptions,
variances, and today you also have a development agreement as well as an administrative appeal. These are all quasi judicial in nature and this requires that our public hearing comply with procedural requirements that have been established in Florida law and in
our land development code. These quasi judicial proceedings are less formal than proceedings before a circuit court but more formal than the remainder of our meeting and we must follow basic standards of due process that requires the uh provision of certain notices the
application of the correct standards and decisions uh that you make based on competent and substantial evidence presented to you in either written documents or through oral testimony. Your job today will is to evaluate the
testimony and the information for each item and draw a conclusion regarding whether the criteria in the land development code or in state law as may be applicable has been satisfied. So pure speculation or mere opinion that is
not based on competent facts cannot be legally considered by you in evaluating an agenda item. Testimony by professionals who are qualified as experts in a particular area has been considered competent evidence by Florida
courts as well as testimony by neighbors and residents who have fact-based information such as minutes, surveys, engineering report, or if their testimony is based on their personal knowledge and information. The town council's decision
is final. If a decision of approval is not obtained or if there is a tie vote from a motion to approve or deny, then the matter being considered is denied unless a majority of the council members present and voting agree by motion
before the next agenda item is called to take some alternative action. Such other action may be moved or seconded by any member regardless of their vote on the prior motion. If the town council decides to deny an
application or request, the reason for the denial must be stated in the motion. Denial of a quasi judicial must not be based on a determination of public support or public opposition to an application. The reason for the denial
cannot be arbitrary, discriminatory, or unreasonable and should be based on a lack of competent and substantial evidence in support of a required criteria. Denial of an application or a request is
denial with prejudice unless the council states otherwise. If an application is denied with prejudice, no similar application for a reasonzoning, special exception, variance um development agreement or administrative appeal
uh shall be resubmitted or initiated for a period of 12 months from the date of denial. However, denial of an application with prejudice will not prevent an application of a different reasoning or quasi judicial action,
which in the opinion of staff is substantially different from the request originally stated. If the town council's denial is without prejudice, then there is the opportunity to reapply without having to
wait the 12 months. So, members of the public, um, applicants, staff, please keep these items, uh, my comments in mind. And when you come forward, please state your name clearly for the record whether or not you have been sworn in and your qualifications or interest in
the matter. For purposes of efficiency and keeping our move our meetings moving along, before uh we begin any of these quasi judicial public hearings, I'd like to go ahead and uh dispose of a few matters.
First of all, I would like to ask the town clerk, have all of these quasi judicial uh matters been properly uh noticed pursuant to our land development code? Yes, they have been. Thank you. And also um I need to ascertain whether
we have a full quorum present. Uh so at this time if any town council member has a conflict of interest that would prohibit them from voting on any of those items these items um please disclose that at this time so we can
make sure that we do have a full uh quorum of the town council present. Councelor Safford I have none. Councelor Wilson I have none. Vice Mayor Ederhole none. Councelor King. None. I have two. I have one with item C, which is the
resolution of 277 Primo, and item F, which is the Lighthouse Resort CBD expanded boundary. Okay. And mayor, you are aware you'll be filling out the form 8B regarding the nature of your of your conflict? Yes, I will. Um at this time
again for purposes of uh trying to expedite some of our meetings today um if there is anyone present in the audience including the applicant, the property owner and staff who intends to provide testimony in any of the quasi judicial hearings today. If you would
please stand, raise your right hand and be sworn in by the town clerk. And that would include public comment. All right. Do you swear or affirm that the testimony that you are about to give is the truth, the whole truth, and nothing but the truth?
Okay. All parties have been sworn. Go ahead, mayor. Okay. The first quasi judicial item is an appeal of the building officials decision to issue permits number 24233 and 23477 related to construction of an elevated swimming pool at 21391 Wijon
Terrace, Fort Myers Beach. If any town council member has had any exparte communication to disclose, please please let us know the subject discussed and the identity of the person, group or entity with whom the communication took place. Any correspondence that you received or observations made of the site. Councelor Kane uh received
correspondence forwarded by Amy regarding this from the uh uh I'm not even sure what to call the the appellant. The attorney for the appellant. Thank you. I was close, Vice Mayor. Yeah, I I the same and I
obviously we all visited both locations prior early on in this process had lots of emails prior to this process today, but I think to John's point just just that recent correspondent counc the correspondence that we
received email the visits um prior to and I have been to the site most more recently and seen the uh pool progress counc I will echo vice mayor's testimony. Yeah, I have the same as vice
mayor as well. Email correspondence as of late and then the original meetings with both the applicant and the neighbor. So I would like to just say a a sentence or two regarding the introduction of this item. Um this was a administrative appeal that was initially
brought to you the beginning of May. Um if you recall there was a denial of it and subsequent to that there was a motion for reharing which you thereafter heard um requesting the reharing which is what you will hear today. So we're
starting at ground zero uh of an administrative appeal and the burden is on the appellant. Okay. You want me to continue on with my if if you like. Generally what we do is we identify the experts um who's going
to be testifying. So yes, go ahead mayor. So I'm not sure if it's going to be Judith or whom is it going to be you that or will it be Mr. Smallley or that's off community development manager Georgina Sid has a presentation which
I'm to supplement as well. I believe she has already been qualified as an expert. Um we'll offer the opportunity if you want to question her her qualifications. Um who else will be uh testifying on behalf of staff or the
tunnel as experts from building official probably to respect the building official? Yes, it's necessary. Okay. Are there any other individuals
who would like to be qualified as expert witnesses on behalf of the applicant at this time? Uh yes. Uh Steve Shawless. The second identify yourself. Let us know what makes you qualified. Good morning. Good morning. I'm Steve.
Can you spell your name for the record, please? And come to the mic. There you go. There you go. Good morning. Steven Shaw is my name. a professional surveyor in the state of Florida. Could you spell your last name for the record so they have it? S H A W L E S. Thank you.
Is there a motion to qualify him as an expert? Did you tell us what your expertise was? I guess I didn't catch that part. Professional survey, I believe, in the state of Florida. Is there a message? Is there a motion to accept him as a a expert witness? I will
make the motion to accept you as a motion in a second. Any further discussion? I'm an I. Vice Mayor. Hi. Councelor King. Hi. Councelor Woodson. Hi. Councelor Saffrey. Hi. You're now an expert. All right. Mayor, just for the purposes of the
record, um we would like if if is count town council's will to go ahead and um accept the agenda backup materials as part of the record inclusive of the uh letter that was received on Friday that was sent to you uh individually by the
town clerk. Okay. And has the property owner applicant seen a copy of the backup agenda backup material from staff? It's on my sheet to read. Okay. It was emailed to Mr. Bar. Yeah. And and you received a copy as well. And I think Mr. Bar, you also got
a copy of the letter from Friday, correct? Thank Okay. Normally staff goes first. Do we want Well, it is an appeal, so the burden is really on um the applicant or the appellant.
Take it away. It's more fun that way. Thanks, Hi, Robert Hartell. I represent the Himlines. Um, on a quick procedural matter at the beginning of this, um, council and I, town council and I have
have spoken on a couple occasions, you know, she gave a little background that we had we had a misstep and we didn't get noticed and we didn't show up at the first hearing and then we got a rehearing and here we are today. during the course of those discussions. So,
there's been memos passed back and forth and and we responded to some of those issues in our letter that we sent out on Friday. And one of the procedural issues is since the time of
the the issuance of the of the latest version of this permit, it's been around about three different times. So, since the the last one, there's been a change in the ordinance that these matters should be heard by the magistrate,
um the town magistrate instead of uh the council. So, what we've done is uh I laid out a a plan in here and I've talked to council that um I would move to transfer this matter to the
magistrate um to save you guys time to save the efficiency and have the magistrate hear it. Um we would agree to stay those proceedings. There is an underlying case and that case is uh before the 20th judicial circuit in Lee County under
case number 24 CA2441 that is a we challenge the variance to this swimming pool as well. So if that case, if we're successful in that case, this issue becomes moot. And so um through agreement with town
council, we believe that it would be more efficient instead of going directly to the magistrate that we would wave our 30-day period and that we would await the outcome of that variance proceeding before the 20th circuit. And then once
we get that result, we would move back to this one or this one would be mooted by the various. Okay, Mr. Brandt. Thank you. The approval that he is referring to is I have no objection. Just a technical
difference. For the record, Robert, attorney also owner. I This is crazy to me. He goes, "I'm trying to figure out the bottom line, the
facts. If you read the letter he sent out, it says, and it seems like we all agree that the approval letter was November 15th, 2024." You agree with that? It's in your letter. I think everybody agrees with that date. My question is, when was
the appeal filed? You note in his letter, he doesn't say when the appeal was filed. He says when the approval was done. I have this document here that was prepared by the appelllet. It says notice of administrative
appeal. It's dated September 30th, 2034. Obviously a mistake. But then it goes down to say appellets first found out about and obtained a copy of the building permit 242333 issued on September 8th, 2024,
which relies on information submitted with 234477 that was issued on July 1, 2024 and on July 84 and files this appeal 30 days of September 8th on
October 1st, 2024. So when was the appeal actually filed? I believe and u Mr. Hartsville if you could perhaps speak to it because you are the one filing it but I think it was in December. So this particular case has
had um permits issued, permits revoked um because we are trying to make sure that it it is correct. There was an initial appeal that was filed and then it was a renewed appeal uh which is I believe the September one and then
ultimately the um the appeal that was filed in December. So December are we within I'm trying to figure out if we're even within the 30 days. Yes, I believe we are. I think the council needs to find that
as fact one way or the other would be December 13th, 2024. So that would be within the 30 days. So timely filed. What he's saying about sending it to the magistrate and staying it seems to be admitting that his
appeal is the what's we should be waiting. This is this is the second bite of the apple. He his his surveyor was here at the first council meeting and he's he was qualified as an expert then and he testified
He testified that something was wrong with the survey, but he didn't know what it was what it was exactly. So, we've already been down this road. We've already talked about the density. We've already talked about the survey. We've already talked about the boundary line.
We spent, I think, four or five hours at the council meeting. The second council meeting, you had a council meeting before that where again he missed the first council meeting. So you set that aside, but there was a hearing to reset that aside. It went back to the LPA,
came back here and was approved both by the LPA and by the city council. It's approved by the LPA twice. It's the same issue. And then he appealed your decision to the circuit court. You can't come back now and say in the law we called an election of remedies. He
elected his remedy. He went to the circuit court. He can't come back here and argue the same argument that the initial hearing. You heard all that stuff about the boundary. You heard all the stuff about the density and you denied it. It was a hearing. It was an open hearing. Both sides gave testimony.
Staff gave testimony. So now we're just we're rehashing that. All the building authority did was sign off on what you approved in your variance. He didn't make any decisions. He didn't correct anything. He just signed off on
the variance that you all passed. So we're here today We were here May 9th. They're paying me to be here over and over again. If this was going to be moved to the magistrate, it should have been moved, you know, back in the day, back when we first started this instead
of coming in and out. So, I say we just have the hearing. And I then I think it's a second bite of the apple and probably should be denied for that reason. And I'm not sure how far this hearing is supposed to go. We're just going to take new testimony. Are we rehashing the same old issues or are we
just going to rule on what was in the record and what the building official again? All he did was look at the ordinance that you passed and he approved the permit. The pool's done. The water's in the pool. It's done. This
he's got to let this go. So I say we here today and get it over with and whatever happens is 66 because whatever I mean whatever happens in the circuit court because whatever happens in the circuit court I'm sure he's going to appeal back and if he doesn't appeal it if he happens to win we just come
back here and ask for additional relief. We're just spinning wheels here and not going anywhere. So that's my opin I I I can respond to that. I think there's a general misunderstanding of the hearing that you had and there was
evidence presented to you that was for a variance to the setbacks. This matter is an administrative appeal of the actual building permit. They're two distinctly different items.
Um not to have us heard on two distinctly different items. We can't bring this one to circuit court. This is your procedure that's within your ordinances that we're bringing to you. Um this is this issue is about
using we never got into this issue with the variance, but this one is all about using uh the uh pvious surface of a limited common area within the condominium. Very different from the variance on the setbacks. Some of the
issues overlap, but for the most part, that's what this issue is. That's a this is our only remedy, only place we can bring it. So that's why we're bringing it to you. The other case is a variance. The only place we can bring that is through
ridicul. So are they inextricably linked? Yes. If we win at the 20th, we This is moot. it goes back to building the park. Um to the extent that they said, "Oh, they built the pool,"
there's plenty of precedent invol. In fact, I was involved in that case. It's uh Pinerest Vshidell. Before the pool was constructed, we sent notice to um the plastids that we were seeking the relief
of having it removed if we had to. So, they were on notice. that case says if you send notice and they continue to do it knowing that this could be the remedy then that pool can be removed. Um whether or not that's the
remedy we ultimately get out of this my client's entitled to due process and he's entitled to bring a rid of searchide. He's allowed to uh redress his grievances under the first amendment and he's allowed to bring this matter. What we're trying to do is make it
easier for you guys so you don't have to sit here through two hours of testimony of surveyors and we bring it to the magistrate and it stayed until we figure out what happened with search rule. Well, there's a lot of legal talk
happening here, Nancy. So, I'm sorry. No, that's all right. I'm going to I'm going to lean on you. Okay. Okay. Both sides make very valid points in my opinion, but I'm going to rely on you to tell us what's the best course of action for the town to move forward. So, I do not disagree with the representations
that Mr. Hartsville has made regarding the cases. Um, proceeding forward with the building permit does uh create a risk for the property owner, which I believe they were advised of. Um, and so, as you also heard testimony from u
Mr. Bar that the pool has been constructed. there is water in it. Nevertheless, um you know, due process, which we talk about quite a bit, um requires uh allows Mr. Hamilton and his u attorney to present argument to you on
the various issues. Um I do agree that these are two separate matters. However, they are interrelated. The inner relationship is in the event that um they are successful in the uh appeal they being Mr. Hemlstein
um then it would moot this issue in the alternative you could proceed forward with this matter today. Um, I would venture to say that um, whatever your decision is would most likely be subject
to an appeal at which point we would have two appeals uh, working their way through the system. Um, we do have staff present today which we did not have at the other meeting and they are prepared to discuss uh your permitting process as
well as the permitting process for this specific permit. Um, so we're we're ready if you want to go in that direction. Um, I I also want to comment just briefly on the magistrate. Um, if you recall last fall, this is when we
were making some changes uh to your code. Initially, your code required appeals of building official matters to go to the Lee County Board of Adjustment. And uh you heard a lot of testimony about that once there was an appeal
filed of an unsafe building by Mr. Mr. Null Davies and he is the one that brought to our attention that our process needed to change because of the fact that our interlocal agreement with Lee County had expired. We immediately enacted an emergency ordinance which
would divert these cases to the special magistrate. During that time period is when this first appeal was filed. So it was kind of a chaotic time as well. The appeal that Mr. Davies filed was for the 131 133 uh Eststerero Boulevard. It was
an unsafe building appeal um building appeal that had been uh the structure was identified for demolition that did go to the magistrate and that's the point that I wanted to make. Um and ultimately that case was dismissed because of the fact that that building
did come down. So the bottom line is if you want to send it to the magistrate, I think that you are legally have the right to do that. If you want to say stay the matter uh pending resolution of the uh rid of certuary on your variance
that was granted, you have that legal right. Um if you want to proceed forward today and hear the substance of the matter um we could do that as well. We would then be having um information about the substance of the appeal in the
record. Um however, Mr. Hartsfield did quote some cases that I agree with that generally on appeal um courts judicial courts they don't look favorably on um cases that are resolved simply on um
procedural issues and the procedural issue is what is the appropriate venue for uh resolution of this matter council member Safford sorry council so what is your recommendation
You you you said we can choose one of the three. I mean, we're looking for legal guidance here. This is we're we're in well legal land here. So, what's your recommendation? Well, that's a point of clarification before you get to that. If I'm hearing what I'm hearing correctly is if you move forward with this,
the outcome of the appeal that is out there for the variance could supersede any decision that's made here regardless. I believe so. And uh I did verify with staff that the permit that was issued was based on the uh premise
that the variance was properly issued. So back to councelor Safford's question, my recommendation um you know I don't like washing machines because you just keep going around and round and round and round. Um so I would try my
recommendation uh would probably be for you to stay the matter. um or in the alternative to send it to the magistrate as you did um as the magistrate heard the other uh building appeal case that was filed around the same time that this
one was filed. It's my opinion that I don't have the legal expertise to to handle this right now and I would like to send it to the magistrate. Send it to not a state. Send it to the magistrate. Senator Mister Wilson. So I just have a
question. Is there information that we from staff that we haven't heard before that should be in the record? Yes. Um at our first time that this was
uh this appeal was presented to you, we didn't have staff present um able to provide that testimony. So they are here today and you can hear it if you'd like. So but if so if that's new information that
goes into record, what would we do with that in the case then that we decided to do can we just hear that and then send it? Do we hear that and we make our own decision again? How would that process
work? So, if you uh took testimony, we could then take that testimony um and take it to the special magistrate. It could be supplemented with any additional testimony. Um and the magistrate would hear and determine determine the case. Um once the
magistrate makes a ruling, there is an appeal process there as well. Um should you listen to the hearing uh listen to the case today then you can render a decision um and whatever decision you
take again could be subject to appeal um or you could stay the matter and it's just status quo as far as the building permit and then we could wait for the variance to come and be resolved and then depending on that decision then you
could make a you could bring it back to you as a pending matter and then decide uh either on the case the merits of the case or you could then move it to the special magistrate. Okay. So then another
question if we move it to the magistrate does the town then have their testimony in front of the magistrate or is that just a mute point? No, they would have to testify in front of the magistrate. It would be a full-fledged evidentiary hearing as we
are I think everyone is prepared to do today. Well, I guess my two cents Well, I'll I'll go last. Go ahead, Jim. Well, I I I think it's most excuse me, I think it's most prudent to move this to
the magistrate. We have a lot of folks here that want to do town business. And not that these folks don't have that same right, but we do have a path to send it to the magistrate to adjudicate this matter and save all the folks in
the audience a couple hours and at the same time be respectful of their due process. So I I would support sending it to the magistrate. Councelor Kane, can you explain to me that the stay versus sending it to the magistrate again, please? So the stay would just
basically continue this item until the variance is resolved. The variance of us Yes. It would come back to you um for resolution. I have no idea when your variance is going to be u adjudicated.
It's been many many months um pending in the court. The parties have properly briefed the issues. Um we're just waiting on the court to render a decision. I'm okay with moving it to the magistrate. I guess my question is to your point,
there's been a lot of a lot of lawyers involved and a lot of time and effort and energy on all all three sides. Quite honestly, my question is if we were to move it to stay with the direction that should the variance, should it need to go to the magistrate, that be the path that go? I guess what I'm trying to get
at is by just sending it to the magistrate, are we continuing to use resources from the town as well as both the applicant and the challenger that are not necessarily should this variance go one way or the other? And I guess that's where my concern is. I don't want to waste time resources representation.
Yes. So could we could we make could we give direction as to stay it until said variance has been concluded and should the variance go in favor of of Mr. Hartsville Heartsville Heartsell Hartell Hartzell that then it goes to the
magistrate as well. That' be the reverse or opposite. I'm sorry. Yes. See a lot of legal stuff trying to keep going. You could do that. That I guess that would be the path I would choose. We would probably have one more hearing before you just to formally advise you that um
the decision has been rendered by the variance and that at that point you would dismiss the pending appeal or the party could dismiss it. Just to me it seems the least costliest for all sides to do it that way. Time is I, you know, I feel horrible for both
sides. It's a lot of time or all three sides. It's a lot of time, energy, and money put into this. And if just sending it to the magistrate at this point is a mute point, eventually that's just wasting more resources for all three of us. And I want to be cautious of that for the town's from the town's perspective. So I
have I have one more question with going along your lines. If the RIT comes back in the place does favor then is that the end of it or is there another appeal? Well, there could be another appeal of
the variance itself. That's that's a separate appeal process. However, at that point, the building permit issue um would not be moved. Okay. So, I guess this you want to It doesn't
sound like anybody's wanting to hear this case today. Um, I think Mr. Bar does. Well, right. And and I completely understand he and his client's point of view on this and it's a but I also understand the due process side of it.
So, I want to make sure that the town is is not putting more resources into something that might go nowhere and has to be done all over again. Well, since the matter has been presented by Mr. Hartzwell, um if you want to u make the request again because we've had some
conversations different varieties. Um so then that way council knows exactly what uh they would be voting on so there's no misunderstanding. So, I'm going to reverse the order in which I said it the first time. Okay. So, because your idea was better than
mine. Whoa. It happens. It happens a lot. That's a first, too. Upon the disposition of the underlying variance case before the 20th judicial circuit in Malle County under case number
24 CA02441. This case will either be transferred to the town magistrate or be resolved by muteness. Trying to use clean language by muteness.
If we win the variance then we win. There's no need for this. the building. So, you would dismiss your appeal? Yeah, we would dismiss. My only concern is that there is an appeal that's pending and I want to make sure that five years from now when somebody goes back and says, "Well, what what did they
ultimately do?" So, I think that um once the court takes action on the variance, we will have to bring it back to you just to close the case out in the event that uh you want to move it to the magistrate and then it would become a magistrate case.
um along those lines. So upon the disposition of the variance in the cited case uh that this case would be returned to town council for
uh final review and upon that return you would then send it to the magistrate as you could do today or uh you would deny the appeal unless they uh
go ahead and uh dismiss it before that. Okay. Well, I'm going to take a shot at the motion. How's that? Okay. I mean, this is, you know, this is certainly not an ideal situation for anyone involved. Um, and I I hate kicking the can down the road more than probably anybody, but
in the sake of efficiency, I will make a motion to recommend uh a stay of the appeal of the building official decision to issue permits for permit number 24, 233, and 23477 related to the construction of an
elevated swimming pool at 21,391 Wijon Terrace, Fort Myers Beach, pending the outcome of the the ruling on the variance appeal. Uh and should that have to come back? It would it should come back just to close out this proceeding.
So and then uh it would come back to you for further action if needed. Is that motion sufficient? I believe so. Okay. Council, I'll second. I think did there should be something about the magistrate in the latter part of I think that once the um instructions the decision is made
at so you want to go ahead and roll that in there right I'd rather know what we're getting into if we're well I I because I I'll tell you why I'm not comfortable with that because in adding that in the motion although it may be the direction of this council um
this who knows how long this appeal could go on and there could It could be years from now and it's a different council and I wouldn't want to bind a a future council to a decision um that this council made but I think the direction has been there just in the conversations that that would be the
direction of this council. I think when it comes back at the conclusion of that variance does that make sense? Yes. So when it comes back after the variance is decided, you then would either you could then um send it to the magistrate or you
could hear it if you wanted to or hopefully they would be able to dismiss it and it goes away. Okay, there's been a motion and a second. Any further discussion? I am an I. Counc I counc
Woodson. Nay. Vice Mayor Adult I. Councelor T. I. The motion carries 4 to one. Thank you. Thank you. The next is a resolution of the town of Fort Myers Beach Town Council approving
approving with conditions or denying a variance from LDC table 34-3 for the property located at 277 Primo Drive, generally referred to as strap number 1 19-46-24-W4-0150D.0260 in Fort Myers
Beach to allow a setback of 12.6 6 feet instead of the required 25 ft water body setback from a canal in order to build a new garage and an elevated pool for the existing single family residence in the RC zoning district and providing for other clarifications as necessary
providing for conflicts of law scrier's errors severability and providing for an effective date. If any town council member has had any exparte communication to disclose, please let us know the subject discussed, the identity of the person, group, or entity with whom the communication took place, any
correspondence that you received, or observations made of the site. Council Safford, I had a site visit with Mr. Kohler um last Thursday, Friday. Council Woodson, I visited the site, had
a meeting with Mr. Kohler in chambers. Vice Mayor, I also met with the applicant as well here in the town town council chambers. Okay. Councelor King, I too met with the applicant uh in the town manager's office. Okay. Because I like his chair. Okay. Jason Smallley has
been qualified as an expert already by this town council and based on his education 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?
Donna, come on. I have one housekeeping item on page my my name's been butchered quite a bit, but never like this on page 268. Yeah, it's a script. Go ahead. Come on. Tommy
Gerard, I'm uh speaking on behalf of my parents. 277. Okay. Is there a motion to Is there a motion to approve Mr. Coler as an expert witness in this case? So moved. Got a motion by councelor Woodson. Second.
Seconded by councelor Safford. Any further discussion? Okay. Go ahead. I have no issues with it at all. But is he actually asking to be declared a expert witness? Is he just here to testify on behalf of his parents? Just here to testify on behalf of my parents. So you don't want to be an expert? I'm an
expert. So he's an expert. Okay. Well, if you're not going to be an expert, then we don't necessarily need to have to go through this work. Sure. Would you like to withdraw your motion? But I want Tommy to be an expert. No, I
will withdraw my motion. Okay. All right. And has the property owner applicant seen a copy of the agenda backup materials from the staff? Just nod your head. Have you seen the back? Okay. Yes, they have. Okay. Great. All right. Go ahead, Jason.
Good morning. My name is Jason Smallley. I'm a senior planner with your planning and zoning department. Uh before you today is a re is a uh variance request regarding 277 uh Primo. Uh the request before you is for
the addition of a pool deck. Uh the ex well the extension and rebuilding of a pool deck, the extension and rebuilding of a garage. Uh and then there's inclusive with that is also the setbacks for a new planter area and an AC
platform. Uh the staff has consolidated all of this into a single uh variance request since it's all on the same side of the structure and it's all the the same water body setback. So before you today is a is an interesting lot. It uh it's one of the few lots that has uh
multiple water uh access. It has multiple water setbacks. Uh most lots would contain one setback. Uh this is sort of like a uh like a corner lot where you've got two rightaways, but instead the water the waterway is the right way. So the the issue with this is
that uh each of the waterway setbacks would require a 25- ft setback for a home. Uh reduce setbacks for for accessory structures. But what the applicant has proposed today is an elevated pool deck. Uh the codes state that once your pool deck goes over
roughly four feet, it has the same setbacks as the house. And in this case, the house requires a 25- ft water setback. So that's why we're here today to discuss the uh the request to reduce the setbacks on the on one of those
water sides by 12 1/2 ft. The 12 1/2 ft uh reduction from the 25, obviously that's half of it. Um that reduction again would cover all of the new proposed structure, the elevated pool deck, the new garage, the planter, and
the uh AC units, the and the pad that the AC units will will stain on will sit on. Uh the the staff has reviewed this and uh we have recommended a denial of the request simply because it does not
meet two of our requirements in our reading of the uh comprehensive plan in the LDC and that is because simply this is a design choice. There is an existing home there. Uh there is an existing pool deck. There is an existing garage. We totally understand that the
lot is unique. Uh we understand that the applicant has a wish to expand uh the usability of the house, but based on our review, uh we're recommending denial simply based on the applicant uh could redesign the home or request less. Uh
what they're requesting here is the right to request, but it is uh reducing the setbacks uh by half and it is a choice. The staff is here for any questions or concerns that you may have and the applicant and his representative are here as well. Okay. Questions for
Jason? Councelor Kane? None at this time. I'll wait. I'll wait as well. Okay. Jason Tommy. Good morning everybody. Tommy Kohler.
Um, just wanted to briefly start off by saying thank you to Mr. Height for all your leadership last couple years. Really helped navigate our community in such a dark time. So, thank you. Really appreciate it. Mr. McKenna, welcome to the team. Welcome to our island. Look forward to your leadership and working
with you in the future. Um, Mr. Adhald, also deep deepest condolences, Mr. Steel. He was a great man. Sorry about lost. Um this project is uh truly a project
that my parents are doing for um their grandchildren, for our family. Uh when they built the pool, uh my brother and sister, we were all in our teens. Um it was very easy to navigate. Um so now fast forward 20 plus
years. I have three children, all under four. My parents want to host everybody at the house. And because the kitchen area is upstairs, it's really it's really making it difficult to navigate family time between the kids swimming downstairs trying to cook and go back
and forth. So, what my father wants to do is have an elevated pool uh just above the same location as the pool is now. Um the elevated uh outdoor kitchen space as well as the elevated living quarters. I'm sorry, not living
quarters, but a elevated living room space. That way a football game's on, we can barbecue outside, watch the game, and then the kids can play in the pool. All in the same level, very safe environment. Um, so that's really the inspiration behind all this. Um, so if
there's any questions, Sford, questions for I have no I don't have questions per se for Tommy, but um, what was the uh, LPA vote on this? Uh they unan unanimously were in
support of it. No, it was six to one or six. That's right. Six to one. That's right. One once before us. Right. Okay. Thank you, Vice Mayor. I have no additional questions. Councelor King. None. Okay. Thanks, Tom. Thank you.
Public comment. Are there any members of the public who wish to comment on this matter? All right. So, please come forward to the podium, identify yourself, provide your address, and whether you were sworn in. Were there anyone like to speak in public comment? Matt, you raising your hand or
no? Sure. All right. Seeing none, we will close public comment. Are there any additional comments, rebuttal, or closing statements from the applicant? No. Okay. 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 it continues to a time certain discussion or motion. I can't do either. So, Mr. Mayor, I'll go ahead and move resolution 25-150 variance VR
20250045 277 Primo Drive with the conditions listed in the staff report. Second. Got a motion by councelor Kang, seconded by councelor Saffford. Uh, any further discussion? Councelor King I. Councelor
Safford I. Councelor Woodson I. And Vice Mayor Adher I. And Mary is abstaining from the vote. The motion carries four to zero. All right. Next. Sorry. Jump pages. Next is a resolution of the town council
of the town of Fort Myers Beach, Florida, approving approving with conditions or denying a special exception sees 202500033 to allow replacement of existing rip wrap aluminum fences, sidewalks, pools, and pool deck with a
494T pool deck expansion in the EC zonings district seawward of the 1978 CCCL for the property located at 7150 Eststero Boulevard providing for Scriers. 's severability and an effective date. If any town council council member
has had any exparte communication to discuss, please let us know the subject discussed the identity of the person, group or entity with whom the communication took place, any correspondence that you received or observations made of the site. Councelor Kane, none that I recall. Vice Mayor, I think I got an email yesterday in strong
support. Okay. Councelor Woodson, just an email in support. And council safford I've had none. U just an email in support and obviously have been by the site. Judith Franco has been qualified as an expert already by this town council and based on her
education 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? Anyone? No.
You look like an expert. I can't hear half of what you're saying because I'm deaf. Makes two of us. But I'm res there. I used to be a land use expert until I retired from the practical a year ago and I'm prepared to testify. Okay. Do you want to be sworn that do
you want to be approved as an expert witness? Would you like to be uh potentially be considered an expert witness based on your previous or are you just here to testify? You think it would be an ethical violation for me to claim to be an expert when I'm now a
retired lawyer? Fair enough. Understood. Dan's practicing without a shingle. So, right. All right. Well, has the property owner applicant seen a copy of the agenda backup materials from staff? Yes, they have. Okay. Go ahead, Judith.
Good morning. Judith Frankle, Community Development. Uh the applicant is requesting a special exception to allow like for-like replacement of rip wrap, aluminum fences, sidewalks, pool and pool deck along with a 494 square foot pool deck expansion in the
environmentally critical zoning district seawword of the 1970 coastal construction control line. Uh section 34-652E of the town's land development code allows repair and reconstruction of accessory structures like cool pool deck
fence and rip wrap in the EC district only by special exception. Um the portion of the property that is uh landward of the CCCL the 1978 CCCL is in the RC zoning district. Um the portion that is
seawword is in the EC zoning district. The purpose of the EC zoning district is to designate beaches and significant wetlands whose preservation is deemed critical to the town of Port Meers Beach through the comprehensive plan. The applicant is asking to expand the pool
deck area um by an additional 494 square feet in that zoning district. Um, so I'm going to kind of walk you through the findings and conclusions here and then we'll let the applicant because there's no presentation here,
um, discuss that as well. Um, so to get to the staff recommendation, staff recommends approval with conditions for the like forlike replacement of the rip wrap, aluminum fence, pool, sidewalks, existing pool deck, and landscaping, which lie partially in the EC district
and beyond the 1978 CCCL, which were in place since um the building's construction in 1972. Um, however, staff recommends denial for the proposed pool deck expansion in the environmentally critical zoning district
um as that uh represents an expansion that was not there um previously. Um and staff finds that it is not consistent with policy 5D1 of the town's comprehensive plan. So, typically what I do in these is go through the findings
and conclusions and that's the main point of all of the findings and conclusions that are laid out in the land development code is whether or not the application is in compliance with the comprehensive plan. So the first half all of the things that are like for like of what they were
asking before um there is no uh concern with and staff recommends approval for that portion. the other portion which is an expansion um staff finds that it is not in compliance with the comprehensive plan and there's some definitions there in the staff report which I can go
through if you have any questions about but I know the applicant also wants to um discuss okay questions for uh Scott questions for Judith let's hear from the applicant okay everyone okay everybody's not I'm
fine with that come on up sir My name is Mike Close Y. I'm a resident at the condominium association there. Actually, I'm a legal resident there, not just somebody that's there part-time. Well, I am part-time, but I
think it's interesting that this pool and the CCL coexisted peacefully for almost 50 years until Ian hit. It absolutely destroyed the outside of our association. It destroyed all the
infrastructure for over two and a half years. We've been road building and we're almost there. And then we decided at the la discovered at the last minute that we had a bunch of steps to go through to put our to pool back in.
We were able to to get 75% of 172 owners to sign off on this pool rebuild within a period of about 72 hours. So there's no question that we are we want this and we want it very badly. We are asking for nothing more
than to be able to build it back the way it was with one exception. We found over a period of years that particularly at the corners, the corners were too tight for the lounge chairs that we had there and so forth, kids
would get inadvertently dumped into the water. Now, I'm not claiming that it was a 15 foot water. This is shallow water, but at any rate, as a safety measure, we have asked that we be able to add this additional concrete.
I think it's also important to note for those of you that have not been to Crescante or seen it that we have three buildings that totally enclose this swimming pool and block it off from any public view. The only way you can see this swimming pool and the extension of
the concrete we're asking for is if in fact you're down on the beach. If you're down on the beach, you're looking up at the pool. you cannot see the concrete that we're talking about. So, this is one of those
deals. Yes, it's a variance. I understand staff's position, by the way, did a nice job presenting it. Uh, but the reality is it just makes no difference to anybody but us. And for the safety concern, we'd like to add the concrete.
If that's and if that's an expert opinion, Mr. I apologize, but I'm not allowed to do that anymore. So, I have a I have a question for you, Mike. Sure. You presented I think both sides presented just fine at this council has been in support of building back what you had. But you are asking for almost a
500 square foot expansion. To me it looks like a design choice. Why wouldn't you just slide that pool forward and shrink your walk up fenced area to not have to have that variance? Let me tell you in all
cander I made as the president probably a thousand decisions regarding this rebuild. I never thought of what you're just talking about. But at this point it's too late. I got to get this
thing done. And we would request that I mean do one of two things. either approve the rest of it and tell me I can't bid the exp build the expansion or improve the whole or approve the expansion also but
don't put me off any further please give me the expansion you know again mayor you're probably right it could have been different but with a thousand things going on at the same
time you know we also and I if any of you gone by have probably seen And we figured while we're doing the the Ian expansion and doing the studies that we got to do for the state which have all been done very productively that we would
also refinish all the lai because as you know with the salt air down here that lai deteriorate over a period of time. We're done with one building. We're well on the way with the other two. So I just didn't have a rebuild of Ian to deal with. But dealing
with 172 people and what was going on with their condominium. Fortunately, it's not been a bad process. It's unfortunate that I was lucky to be elected president just before Ian hit and now nobody else will take the
job. Matter of fact, council, if if you got a need for an assistant, maybe I'll get my license back and I can apply. Anyway, you know, we could have done some things different, but I'm very pleased with the rebuild. I really think
that by Thanksgiving this year, we have gone to we are going to be better than we were before, if we can continue to go forward with your vote. I screwed up. That's the answer to your question. I It's not what I was implying. I was just asking a simple
question, but uh councelor King, any questions for Mike? No. Vice Mayor, I would I would just say as a as a neighbor, at least during the Ian period of Cresient, I've been by your place many, many times. What Mike says is absolutely correct. The change that he's
asking for is completely surrounded by the Cresciente buildings. The pool would not be seen by anyone, would not impact anyone. Obviously the people at Cresciente support it and they for whatever reason were just devastated by
Ian and uh just Cresciente got hammered. So anything we can do to help them particularly as close as it is as it was to as it was before I think this is certainly a very worthy request. Councelor Woodson I'm ready for a motion
and a vote. Council Satler ditto. Thanks, Mike. We have get some Now, if you got Now, if they just get Santini Mall redone so I can go someplace for dinner. They're getting there. Getting close. All right. Thank you very much for your attention.
Some would call that dinner. All right. Sometimes it is. That's right. Exactly. Uh, public comment. Are there any members of the public who wish to comment on this matter? If so, please come forward to the podium and identify yourself, provide your address, and whether you were sworn in. Anyone would
care to speak in public comment? Seeing none, we will close public comment. Mike, do you have any additional comments, rebuttal, or closing statements? No, unless she does. Judith. So, what I wanted to add is that if the
town council um does determine approval is uh appropriate, I have some conditions that I'd like to read into the record for the conditions of approval. Um, first approval of the special exception does not give the applicant an undeniable right to permit approval. Development of the property must comply with all applicable
requirements of the Fort Myers Beach Comprehensive Plan Land Development Code in effect at the time of permit approval. Namely, they have to go and get a building permit. The applicant must obtain an approved lighting plan as outlined in land development code section 34-18
uh 34 to be compliant with all of our turtle friendly uh regulation. Each time the structure is repaired, the applicant must request a new special exception approval um and permit prior to the beginning construction. for construction shall not occur during sea turtle
nesting season which is May 1st I think to October 1st or October 31st 31st um failure to comply with any of the above mentioned conditions of approval for the special exception will render the approval mully okay thank you
Judah any any objections to those conditions Mike I could not hear what she said so give me a brief Would you like me to read them and I'll give you an up or down I don't think they're going to cause you any heartburn. I will reread them for you, Mike, if you'd like. So, please, I'll try to be as loud
as I can. It's maintaining what M16s do to your years or uh condition number one is approve approval of this special exception does not give the applicant an undeniable right to permit approval. Development of the property must comply with all applicable requirements of the Fort
Myers Beach Comprehensive Plan and LDC in effect at the time of the permit approval except as specifically modified with hearing. Mayor, you'll find I'm not indecisive. Yes. Got it. Okay. The applicant must attain an approved lighting plan as outlined in LBC section 34-1834.
Yes. Each time the structure is repaired, the applicant must request a new special exception approval and permit prior to building construction. Yes. Construction shall not occur during sea turtle season. I smell break. Okay. I I can't agree to
that. I'll tell you why. You've got the beach here and then I got a seaw wall. There isn't a turtle alive that can get up into the air. We're going to be doing this. If they are, I'd like to buy them and, you know, farm them out. That's an unreasonable request under the
circumstances. Now, I am more than happy to agree. We will have no lights up there at night. We will do nothing to interfere with what happens with the sea turtles. We want them. But it's unreasonable to say that for
six months I can't do anything here. Okay. And the final one is failure to comply with any of the above mentioned conditions of approval for the special exception will render this approval null and void. Say that again. I'd be happy to. Failure to comply with any of the above
mentioned conditions of approval. Yes. Yes. Yes. That's good. Okay. That's the rules we live by anyway. Okay. Well, Vice Mayor Adel, you asked the question. I was going to make a motion. Uh, well, hold on a minute. We gota Well, I have a question for J. Please go
ahead. Based on based on his unwillingness to agree with your recommendation of construction during turtle season, there there is just just for the record, Judith, because I I'm know that area very well, it is literally a wall.
There's no way a turtle could get up there even if it had help. Uh it is it is a so just it's a it's a standard condition we put on anything happening in the EC zone. I would have to confer with Chad specifically and I can on that
one too. I just got a text from Chad saying that uh he's negotiable to letting it continue uh during season if the conditions were correct because I think there there is a way I mean if if Chad's amendable to it to to limit things happening on the actual wall on
the beach. I mean, I don't know what their construction plans look like, but yes, Chad's willing to work with them. I think we are, too. So, are we So, are we okay taking that condition out and just having Chad work with Mike? I think so. Or rewarding it to rewarding it? Yeah. I
mean, I might reward it to say in compliance with the environmental manager. I'm not sure. Is that Chad's title? Yeah. To to work with the environmental manager to ensure coordination during construction. Yeah. as long as the environmental manager is not, you know, you guys know because
you've been on a beach as long as I have that sometimes the sea turtle regulations get to be extreme. If somebody's going to tell me that I got to do something that stops them from climbing vert vertically, what amounts to probably eight feet? They're not
going to tell you that. Well, I couldn't get over it. I mean, I'm crippled. I guess that makes a difference. So, as long as reasonable includes the fact that there is a wall there that they can't climb, I'm good with that. We're not hard to get wrong with. We We
wouldn't want I I don't think anybody were concerned about the turtles. I don't know that much about turtles, but I don't know that they climb. But that um we wouldn't want like construction vehicles on the beach on the beachword side of the wall, things like that. But I think that what our director is saying
is that we can work that out when you come for your permit. We will make reasonable accommodations. the instruction vehicles do not interfere with the turtles. There's the only place we're going to be on the beach is doing our rip wrap and the fence that is on
top of it. We're going to have to have vehicles out here to deliver that, but that that's that's certainly a doable deal. Okay. All right. Thanks, Mike. Okay, sir. Ma'am, glad to meet you all. First time I've ever been to city council here, and
I'm glad I'm here. Oh, we appreciate you. I want Mike back more often. Yeah. 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. Any Well, I guess I'll I guess I'll go first. I'm assuming someone's going to make it. I I fully support everything that you guys are doing there and I think the council's been in support of every condo getting open and doing what we can. Um the only issue I have is with
the expansion. Um you know the CCCL line is there for a reason and I think we've been very giving in in allowing people to build back what they have, but I agree with staff. I can't support the expansion of it. Um but I do support the project. Um just not the expansion part of it. So um I don't know if I'll be in
the minority or not, but I won't be able to to support it. I won't be able to support it because of the expansion, but I I do I do welcome you back and and glad that you guys are making strides. With that, is there anyone that would like to make a motion? Any further discussion? Mr. Mr. Mayor, I would move
approval of resolution 25152 uh which includes the expansion and the conditions uh as articulated by staff uh including the amended commission a condition where the Cresian condo board would work with Chad Shutz the town's
environmental enforcement officer uh as they as they proceed with construction. Um that's my motion. Second. Got a motion by Vice Mayor Adheralt. Seconded by Councelor King. Any further discussion.
Vice Mayor Adhalt. I. Councelor King. I. Councelor Woodson. I. Councelor Safford. Hi. And I'm a no. But congratulations. Motion carries four to one. Thank you very much. Appreciate your attention. We look forward to seeing you in that floating flamingo. Maybe a turtle. Need to spend another
three and a half hours sitting on my butt. I'll be back. Yeah, that's that's great. All right, we'll let him get out for a second. Oh my. All right, the next item is a is
a second reading and final public hearing on proposed ordinance 25-07. This is an ordinance of the town of Fort Myers Beach, Florida. Approving approving with conditions and denying a reszoning of property located at 10113rd Street, Fort Myers Beach, Florida. Strap number
24-46-23-W3-00202.0060 from downtown to residential plan development RPD with three deviations. Number one, request all property development regulations from the downtown zoning district rather than the residential multifamily standards in section 34-943 requiring use of the RM
development regulations. Two, reduction of the required 5 foot side yard setbacks to allow for development on this eastern property line. And three, requesting a floor ratio F of 1.7 and increase over the 1.0 Zero F allowed in section
34-675 C3 providing for clarifications as necessary providing for conflicts of law scrier's error 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 in the identity of the person group or entity
with whom the communication took place any correspondence that you received or observations made of the site councelor king none that I recall none that I recall councelor None. None since the last meeting. And I have had none since the last meeting. Jason
Smallley has been qualified as an expert already by this town council based and on his education experience has been accepted as an expert field in the field of land use planning and development in the town of Fort Myers Beach. Are there any other individuals who would like to be qualified as an expert witness on behalf of the applicant that have not
been uh sworn as an expert in the past? Matt, I think you've already he doesn't need to go through it again. No, he's been accepted as an expert in land use planning. Okay. And has the property owner and the applicant seen a copy of the agenda backup materials from staff?
Yes. Yes, he has. Okay. Go ahead, Jason. Good morning again. My name is Jason Smallley. I'm the senior planner here with your planning and zoning department. Uh, as was just mentioned the request before you, this is a second reading for a reasonzoning with three deviations. Uh the location is at
10113rd Street. Uh this is for the development of a two family structure. Uh so there would be two density uh density credits or excuse me u there would be two living units in there. Uh this is this property itself
um previously was a generally atgrade structure uh horseshoe shaped on the property. Uh there was a couple add-ons to the rear of the property. uh in general it was placed on the site uh in somewhat conformity. There were some obvious nonconformities on the west side
of the of the structure. So this is a this is a site that has been completely uh taken off. Uh they they've completely scraped the lot and they will be rebuilding from u from scratch on this lot. The three deviations before you uh the first one I'd like to talk about is
uh what I think of as the key to unlock the other ones. So the initial request is for a change from the RM zoning district to the downtown zoning district. Why this is important? In the code, when you are developing a plan
development that is um residential in nature, the code advises and requires us to uh to apply the RM or residential multifamily zoning district even though when you look at the map, this lot is
within the downtown zoning district. So, this is something that the code tells us that we have to switch gears and look at everything from the RM zoning districts um standpoint. The RM zoning district change to downtown uh is a bit of a mixed bag and I mentioned this at the last meeting. It
uh the change itself garers them some benefits with regards to the minimum setbacks but also some limitations in that it lowers the floor area ratio that would be allowable. Uh so that actually goes handinhand with the next deviation
request which is to increase the F. Uh what they would be doing is uh if they were allowed to uh if they were granted the variance to switch from RM zoning district to downtown zoning district uh
that would that would put a 1.0 F on the table for this lot. So they are requesting then to go from 1.0 zero to a 1.7. And I I will allow them to go ahead and make their case on that, but they did make the point to us uh during
review that the surrounding and adjacent uh properties do have similar if slightly higher FS. So they can they can make that point themselves though. Um lastly, the aside from the change from RM to downtown zoning district and for
the increase in floor area ratio, oh by the way, uh floor area ratio at 1.7 would allow for a maximum uh developable area of 5460 ft roughly. So that would be the maximum square footage that they could reasonably develop in the three um
the three levels of the proposed structure. uh keeping in mind that the bottom level parking area which will be reserved for parking, storage and access is also included in that that F calculation. So it's roughly 5,400 square feet spread across parking and
two living areas with a pool on the roof. Um the last request that they are asking for is a reduction of the east side side uh east side setback under the downtown zoning district. they would be required to provide 5 ft of setback. In
their plan, they're requesting a zero lot line. They want to build right to the lot line. Uh directly adjacent to that is the town's um under Matanis Bridge parking areas or at least one of them. And it is directly adjacent to the air rightway and the bridge right ofway
that the uh county holds. So, if you um if you look at our conditions of approval, we make the point that any approval today is obviously going to be contingent on them getting uh final approval from the county and any other superior jurisdictions that may be involved. Um I don't think the FAA would
be involved, but there may there may be somebody that needs to look to look at this other than us. Uh the applicant is here. Oh, the uh I apologize. The uh the staff has recommended approval with the conditions. the conditions are fairly boilerplate. Uh we recognize that the
the development of this uh structure is going to be more compact if larger in square footage, but we did want to also point out that part of their um part of their give to the town is a reduction in the number of dwelling units that they
could reasonably be allowed to develop. Uh staff agrees with the applicant that prior to the storm, this uh this lot contained four structures that were short-term rentals. So, what they're doing today is bringing it down to two in a multif family structure. So, it's a
reduction of the density by two um by two density credits. Uh staff is here for any questions or concerns that you may have. And the applicant is also here. All right. Thanks, Jason. Scott, questions? Not at this time. Karen, not at this time. Sorry, mayor. kind of a
softball for you this morning, Jason, but uh given uh your post experience, it's a bit unusual to see an applicant come forward asking for half the original units. Is that fair? I I think that's a fair statement. Everybody has been trying to vest as much density as
they possibly can as the rules will allow for. Well, the beach bar went from two to one. Fair points. Very well said. Yeah. So, I just it's a it's a nice it's a nice piece of the puzzle to see. I I think we need to make sure that we're being um explicit about what tangibly they can provide as a public benefit.
So, I just wanted to make sure and put that out there. No questions. I don't have any yet. Thanks, Matt. You're quick. Move up. I didn't see you move. Yes, I'm gonna be very quick. Matt Noble, um couple of things I just
want to make sure because I we didn't even mention utilities last hearing. The project will be connected to sewer and water. Um, yeah. Why downtown? It is a downtown
zone piece of property currently. Uh, to actually require it to go to our the RM. It wouldn't really fit. There are different setbacks. You know, downtown's kind of a different animal. you know, uh
there isn't a lot of emphasis on setbacks in downtown. In fact, a lot of the buildings run to the property line in downtown. We want to fit in just like the rest of downtown. Um and I'm here really to
answer questions, you know, and I know the the pool on the roof keeps coming up. It's like a little waiting pool. It's tiny, you know. So, yes, there there is a waiting pool on the roof. Have we talked to DOT
about the the development and the location next to the bridge? Sure. Nobody's identified an issue with it yet. Um, also I want to say yes, we're adjacent to um the parking lot, but
there we're 12 feet essentially from the parking lot from the where the sidewall of the dwelling units are proposed. So there is going to be like 12 feet distance separation to the parking lot. And if I can answer any questions, I'd
be more than happy to. Matt, do you have any concerns or objections to the staff's I do not recommendations for approval. Nope. Okay. Councelor King, no questions. Vice Mayo? No. Council Wson, I'm good. Sford? No. I'm very familiar
with the property. Thanks, Matt. All right. Are there any members of the public who wish to comment on this matter? If so, please come forward to the podium and identify yourself, provide your address, and whether you were sworn in. Anyone public comment? Seeing none, we'll close public comment. Matt, I assume you don't have
any revolvable comments. No. Okay. I will now close the public hearing. 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. Mr. Mayor, I'll move ordinance 25-07 with the two conditions in the staff report.
I'll second. Okay. Got a motion by councelor King, second by councelor Safford. Any further discussion? Councelor King. I. Councelor Safford. I. Councelor Woodson. I. Vice Manderhol. Hi. I'm an I as well. The motion carries unanimously. Thanks. Does anyone need a brief comfort break
before we jump into the lighthouse? Yes. All right. We'll take a a brief 10-minute break. We'll come back at 12:10. That's 15 minutes, I guess. All right, we're going to call this meeting back to order. It is
12:09. The next item is the first reading and public hearing of proposed ordinance 25-10. If approved at first reading, a second reading and final adoption hearing will be scheduled for June 16, 2025 at 9:00 am or at another time identified by town council. I
wanted to Nancy I at the beginning I missed that there was two um hearings for the lighthouse. So I've gotten a third form eight that I will have to fill out. I've mentioned the two. So I just wanted to Yes. for the record clarify that. Yes. I can't remember which one at the beginning. I That's
okay. U so this is an ordinance of the town council of the town of Fort Mary's Beach, Florida approving approving with conditions or denying an amendment to the commercial plan development CPD zoning pre previously approved by resolution 18-17 for the parcel located at 10515th Street generally identified
as strap number 24-w6-23-W3-00205.0060 0060 to add and reszone a parcel located at 1063rd Street generally identified as strap number 24-46-23-W3-00203.0150 0150 in Fort Myers Beach from downtown to CPD providing for other clarifications as necessary providing
for conflicts of law scriers area 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 of the person, group or entity with whom the communication took place, any correspondence that you received or
observations made of the site. Mr. Staffford. I I've had three meetings with Mr. Kohler and I've had two meetings with Mr. Vaness. I don't know if I've had three, but I've had a couple meetings with both Mr.
Kohler and Mr. Vaness. and vice mayor. I've met with the applicant and the neighborhood group and then I met with the applicant again where this came up and I've had I don't think I've had any emails pro pro or con. Okay. Maybe a couple. And councelor
King I I too don't recall any emails but I did meet with the neighborhood crew. Okay. This going to be you Judith. Okay. Judith Frankle Frankl has been qualified as an expert already by this town council and based on her education and experience has been accepted as an expert in the field of land use planning
and development in the town of Fort Myers Beach. Are there any other individuals who would like to be qualified as an expert witness on behalf of the applicant at this time? Mr. Mayor Jennifer Smallica legal counsel for the applicant. We'd like to qualify Mr. Patrick Vaness who's been
previously qualified as an expert in land use planning and development um in front of the town council today. All right, Nancy, do we have to do it again? Even though he's been commercial plan development, the requested expansion would add the parcel located at 1063rd Street. Um the applicant is also
requesting under an application you're going to hear in just a minute to amend the master concept plan schedule of uses, deviations, and conditions for the CPD as a whole. Uh the two subject parcels total 1.87 acres and are located directly east of the Matanzis Pass
Bridge. Um both properties have a future land use designation of pedestrian commercial. the larger existing parcel which is in the commercial plan development um currently has a is zoned as the CPD and
then the corner parcel that they're looking to expand the boundary to cover has a zoning designation of downtown um the LPA heard this application um and recommended um approval and a vote seven
recommended um made a recommendation of approval to the town council with a vote of 7 to zero. Um staff has also found that the CPD amendment meets the criteria set forth in land development code section
34-85B and C and 34-2162 of the land development code and staff recommends approval of the application. The full listing of findings and conclusions is in the staff report. Um the main finding from the
listing of all of those criteria is that this amendment is in compliance with the town's comprehensive plan. Um I'm here for any questions. We'll get into more details about that when we get to the second ordinance. Perfect. Any questions at the time for Judith?
Councelor King? None. Vice Mayor, not at this time. Woodson? None. Counc. Thanks, Judith. Good afternoon. Again, for the record, Jenna persons Mllica, legal council for the applicant, Lighthouse Island Resort. We prepared a very short and brief
presentation over this and the next public hearing that that we've broken up um in the same in the same PowerPoint. Um Mr. Mayor Council, as a matter of housekeeping, we would ask that the entire agenda backup as well as this presentation be included in the official
record of this hearing. Madam Attorney, would would you just reiterate what the LPA vote was? The LPO that the LPA vote was 7 to zero. Thank you. the project team. Um, in addition to legal counsel, we have the neighborhood
company providing the planning services and you'll hear from Mr. Vaness in one moment. In addition, we have here today representing the owner Lighthouse Island Resort, Mr. Tommy Kar. And everybody is available for any questions both in this
and the next public hearing. As you just heard from the town, the application was divided into two separate public hearing processes. This first one is to add a parcel into the CPD to perfect the CPD's boundary. The
second hearing will include various amendments to the CPT and master concept plan. And at this time we will I would invite Mr. Vaness to come up and provide his expert testimony as to the consistency and
compliance with this application. Thank you Jen. Good afternoon. Patrick Vaness, certified planner with the neighborhood company. Um I will indeed keep this brief. Um so our request is to amend the
boundary of the CPD by adding one parcel. Um and the parcel address is 1063rd Street. Your staff did a good job um teeing this up and so did um Jenna.
So, I will uh just reiterate that we had a unanimous recommendation of approval from um your staff from the LPA and we have not received any comments or uh concerns from any
neighbors. Um just a quick depiction of what the uh current boundary is in orange and the parcel that we are adding in red. And uh just to conclude real quickly, in my professional planning opinion, the proposed CPD amendment is
consistent with the comprehensive plan meets uh or exceeds all LDC requirements. And that based on the expert testimony that we provided at the LPA and all the submittal um packages that we um have provided the staff for
review and that is included in your packet um that we um respectfully uh request your approval for the CPD boundary amendment and the resoning of
1063rd Street. Thank you. That's got to be some sort of record. Wow. I think it was three minutes. I really do think it was three minutes. Hold on, Patrick. Just in case anybody's got any questions. Any questions? Councelor King, I'm concerned for your health. Are you feeling well?
No questions. My wifeed me this morning. Are you bummed Toronto lost? Yes, we we had uh we had discussions about the Leafs this morning. Go Stars. Patrick, just in in lay terms, would you just give the public an overview of of
some of the improvements that that the applicant hopes to make along the the side of the bridge there, the north bridge, that sort of path there, and how that'll work just in lay terms? We we can talk about that now or we've got a second very quick presentation because let's wait. Let's wait. Okay. Councelor
Woodson, I'm good. Council Ser, I'm good. Thanks, Patrick. Thank you. All right. Are there any members of the public who wish to comment on this matter? If so, please come forward to the podium and identify yourself. provide your address and whether you were sworn in. There is there anyone that like to speak in public
comment. All right, seeing none, we'll close public comment. I will now close a public hearing and request a discussion or well, I should ask if you have any rebuttal first. That's part of my script. Nope, I didn't think so. Okay, I will now close a 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 or a motion. I'll move for approval ordinance 25-10. Second. I got a motion by councelor King, seconded by councelor
Woodson. Any further discussion? Councelor King. I councelor Woodson I. Councelor Safford. I vice. And mayor Allers is abstaining. Motion carries four to zero. The next is the next agenda item is the first reading and public hearing on
proposed ordinance 25-11. If approved at first reading, a second reading and final adoption hearing will be scheduled for June 16, 2025 at 9:00 a.m. or another time identified by town council. This is an ordinance of the town council of Fort Myers Beach, Florida, approving
approving with conditions or denying the commercial plan development CPD zoning amendment for the property located at 1051 Fifth Street and 1063rd Street generally identified as strap numbers 24-46-23-W3-005.0060 and 24-46-23-W3-00203.0
0150 in Fort Myers Beach to amend the existing master concept plan to allow for a an increase in the number of hotel room units or hotel units. B 11 deviations, one minimum connection separation. Two, exclusion of under
building parking from F. Three, increase in height for a monument sign fifth street. Four, internal sign illumination. Five, 40t height with four stories. Six, reduction in the street setbacks. Seven, a mural style sign on
the east side. Eight, a 10- foot monument sign on the corner. Nine, mural style sign on the south. 10, wayfinding pole sign. And 11, 58% reduction in parking requirements and c conditions, providing for other clarifications as
necessary, providing for conflicts of law, scriveners error, severability, and providing for an effective date. Judith, is it you? Judith Frankle has been qualified as experts already as an expert already by this town council based on her her education and experience and 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 other than Patrick who would like to be qualified as an expert witness on behalf of the council at this time? Did we do exparte on this one? Not yet. Did I miss it? Okay. 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 at the site. Councelor King line would be the same as the previous. Same vice mayo, councelor Wilson. Same as previous and councelor,
same as previous. Okay, go ahead Judith. Thanks for catching that. Judith Frankle, community development. Um so this is the promise second ordinance to change the master concept plan and schedule of uses um
under the uh CPD. Um the neighborhood company on behalf of the property owner Lighthouse Island Resort is requesting to amend the CPD as approved in resolution 18-17. Um, the original Lighthouse Resort CPD was approved in 1999 when the
existing property was reszoned from C1 to CPD to re uh to facilitate development at that time. Um, the resoning at that time allowed for 72 hotel units spread over multiple one and twotory woodframe buildings, a tiki bar,
and basic resort amenities. Since that time, there have been five amendments to the CPD. Uh I'm not going to go through all of them, but the just to let you know the most recent um allowed an increase in hotel units from 72 to 75
units through a transfer in density um as well as an administrative amendment in 2024 to make minor adjustments um to the pool deck area. Uh at the April 29th LPA meeting, the LPA voted 7 to zero to
recommend approval with conditions of this application. The LPA did recommend adding a condition of approval to include lighting of the western boundary pathway as part of the project's development order. Um that proposed pathway will need permitting through
FDOT. It is is outside of the um uh applicant's property. Um and FDOT permits likely will take some time. So the LPA made the suggestion that they provide lighting that is attached to their building. So, in the meantime, while they're working out the details
with FDOT that the area could be lighted and that would improve safety um you know, pretty immediately, they are requesting 11 deviations. I'm going to go through those um uh in a second. I did want to
mention the equivalency factor calculation. So they're requesting 130 units um whereas previously they were approved for 75. Um if you take a look at the applicant narrative um I think as
we've kind of discussed earlier in this meeting there is underlying platting everywhere on the island and they've taken that density that was platted there and come up with the equivalency factor based on the underlying um
original platting of the area. So before it was a CPD um there was platting there um in uh comparison. Um staff felt that the
equivalency factor is really um more easily understood as being um 11.59 um because that lets you know really the uh units per acre that are going to be
present and provides more of an apples to apples comparison to other properties. So just for an example, Margaritavville, which was um uh never had residential density on it, it's the equivalency factor is just based on the
lot size and the number of units and then that factor that they need to to get to the number of units. So it's that multiplier between what the density allows and then what you can multiply by to get the lodging units. So um this property is different because it
has that underlying residential zoning. So the equivalency factor that the applicant is using um is uh 6.5 which is less than Margaritavville but actually they'll be greater density than Margaritavville.
Um and I can answer any questions about that. I'm sure the applicant can as well. That said um staff believes the increased density is appropriate at this site as it is in the pedestrian commercial area and it is part of the designated core of the town. Um, and
even though it's zone CPD, the underlying zoning is downtown, which makes the density request uh appropriate. Um, the site is neighboring the Margaritavville Resort and Time Square,
both which are attractions for visitors and residents, and staff finds it's an appropriate location um for the proposed uses in this application. So going through the deviations um as I said this
has been a CPD it had multiple um revisions to it and so some of these deviations are pre-existing conditions to the site. Um so that's the case with deviation one which refers to the minimum connection separation um which
is 125 ft along Fifth Avenue um to allow a connection separation of 83 feet between two existing driveways. So again that's an existing condition at the site. Deviation two requests relief from the F.
Um the uh previous CPD allowed for the exclusion of the parking area under the buildings from the calculation for the F. There was a specific number in there. Um and now what they're asking for is to amend that language to just have a blanket anything used for parking under
the building will not be included in the F. Um deviation three um has to do with the monument sign. Um this was previously approved um to allow for an
overall height of 9.7 feet. Um they have a a diagram showing where all these signs are. This is a few other signs they're asking for deviations too. Deviation 4 also was pre previously approved. Um
it's relief for uh the requirement for internal illumination of sign faces. Um this would remain as existing where they would otherwise be required to emit light only from the letters and symbols of the sign face. Um again this was
previously approved. Deviation five um this has to do with the height t land development deviation from land development code deviation division 4 table 34-3 for the commercial resort zoning district. Um I think we we talked about
this previously um that when you are doing a commercial plan development, you cannot use the standards of the district that you're in. So even though they're in the downtown district, they have to use the standards of the commercial resort district um which limits height
to 30 feet zoned height. Um and three stories to allow a maximum zoned height of 40 feet 5 in. The current CBD allows them to a maximum height above base flood of
37 feet. So this is a change of three and a half ft. And this is not for the entire um development. Um it's for building five which is located closest to the Manzis Pass Bridge and is the
structure to be mainly impacted by the increase in height. Um the um building one which is on Crescent Street will be under the 30 ft. Deviation six from land development
code division 4 table 343 for the CR zoning district um requires street setbacks of 10 ft to instead allow for build two lines of zero feet and 6.75 feet along San Carlos Boulevard, Third
Street, and Fifth Street. This brings the development closer to the pedestrian realm um and uh provides more of an interaction between the buildings, the resort and um the public right of
way. Uh the existing CVD had already approved deviations for these uh variety of setbacks ranging from zero feet to 7.4 feet. Deviation seven um again has to do
with signs. Uh our land development code allows a maximum of 32 square feet of signage for a parcel of land containing one or two business establishments. Um this deviation is to allow a mural style sign on the east elevation of building
five of 104 square feet. Um which is shown the location is shown on the master concept plan but I believe the applicant also has uh images of this proposed sign. Um uh as the Lighthouse Island Resort comprises 1.87 acres which
is significantly larger than the average parcel that would contain just one or two businesses. Um and due to the scale of the resort and the situation of the resort as surrounded by roadways, uh it is reasonable to permit multiple signs to total more than the 32 square feet.
Um deviation 8 um again is from the um sign section of the code. Um this would allow a mural style sign on the south elevation of building five of 100 square feet. Um location is depicted on the master
concept plan. Um staff finds this to be reasonable as this is a different side of the the building. Um and is for the reasons stated for deviation seven. Uh deviation nine. Um again for a sign to allow a
maximum height um the code allows a maximum height of five feet for a monument sign. Um and this would allow uh 10 feet height for the monument sign at the quarter of Crescent and Fifth Street. Also in the master concept plan, um a deviation was previously approved
for a 9.7 foot monument sign. So um this will take it to 10 ft. Deviation 10, land development code section 30-816 prohibits pole signs. Um uh this deviation would allow for a decorative
wayfinding pole sign at the corner of Third Street and San Carlos. Um, this is for an artistic style wayfinding sign intended to direct pedestrians and add a little bit of color to the public realm. Uh, deviation 11. Um, this relates to
the parking requirement, uh, land development code section 34-1804A and section 34-2020, which regulates parking for hotels, motel, um, and accessory uses. They're requesting a reduction of 58% in
the parking requirements for a total of 82 on-site parking spaces. Um, uh, staff is suggesting that we suggest that the LPA, but also the town council consider if this reduction is appropriate at this location. Um, the
existing CBD was approved with 100 parking spaces um, for buildout. The previous DVD had multiple uh phasing requirements. Um so at buildout they were to have 100 parking spaces and 75
hotel units. Um they additionally had uh 4,300 ft² of restaurant, 420 feet of office space and 5,000 foot of retail uses. The retail use is no longer um part of this project. They will have a minimal retail space for their ancillary
to the the hotel resort. Um uh so of the 100 approved spaces, 93 were on site, seven were offsite. Um and the previously approved parking calculations utilize the 33% parking reduction which is um applicable to
certain areas in the downtown zone. So um I know we talk a lot about parking. This is something to consider. Um the concern that I brought to the LPA is that while there are um many service parking lots nearby, none of them allow
overnight parking. The town lots and the commercial lots um for safety reasons. We don't want people camping in their cars. Um so hotel guests likely are staying overnight. So they wouldn't really be able to utilize um those surrounding lots um unless they made
arrangement with another hotel. I suggested at that meeting that they consider what their capacity might be if they used valet or some other kind of um uh mechanism if they found that they needed more parking in um once it was
operational. Um on this I would like to go through all the findings and conclusions but I can do that after we hear from the applicant and the public. I think in this case it's important to go through them um just one by one for the record,
but if you like I can go over the recommendation now if that's helpful. I'm fine with you doing it at the end. Okay, everybody's ready I believe. Questions for Judith Scott? Not at this
time. Karen, no. I I was going to ask something else, but I can ask it at the end. Voice. No screen. Nothing now. All right. Thank you, Patrick or Jenna. Who's going to go first? Thank you, Mr. Mayor, Council. Again,
for the record, Jenna Person's Malikica, partner at Stray Horn and Persons Malikica, legal council for the applicant. We have with us today as part of our team, Patrick Vaness, um, expert planner from the neighborhood group, as well as Tommy Colar representing the
applicant Lighthouse Island Resort. Um again, as a matter of housekeeping, we would ask that the um agenda item with all backup in addition to applicants presentation today be included in the record. And now we're in public hearing
number two. And before you are the nuts and bolts of the zoning request that will lead to an exciting new chapter of a family-owned resort that has been part of our community fabric for well over 60 years. Um, I'm going to bring Patrick up to walk through some of those items with
you. We're available for any and all questions. And I know Mr. Kolar wants to also address you all today. Again, the LPA recommended unanimous approval of the request before you. And we are in full agreement with staff's recommendation as well as the proposed
conditions of approval. Mr. Vaness. Oh, Mr. Colar. set stage. Good afternoon, Tommy Kohler. Uh just wanted to start off by on behalf of my family, I just wanted to say thank you
for your time today. Um this particular project uh is two years in the making. It uh it's very special for my family and I. This project, this property has been in our family for u well over 60
years. Um, four different generations of Colers have owned this particular property. And what was unique about it is every generation before me has left it better for the next and this really is my opportunity to do the same for the
next generation of Colers. Um uh it is my absolute honor to present to you the future of the Lighthouse Island Resort. Um I hope that after today with your blessing that we can move this project along and get started.
I'm really excited for it. Again, it's taken me over two years to get here. Um and I'm uh I'm excited to have the team present it to you today. So, thank you. Question. I have a question. Mr. Coler, we don't often get someone with your historical perspective before us. Could
you just talk a little bit about when you said 60 years, four generations? Could you just talk about that first generation, how it started, A, and B, we don't ever get to talk about how the swing bridge turned into the north bridge and what the impact was in your
world and and how where how how the traffic functioned before and how it tractioned afterwards. I don't want it doesn't have to be really long, but just give us a thumbnail sketch with your unique historical perspective. I think people would find it interesting. Yes, sir. So, um, so is it part of your
presentation, the pictures? No. Uh, so Pat, uh, presented the LPA, um, a photo that I I've never even seen before, and it's of my great-grandparents standing in front of the, uh, original memory lane cottages sign.
Um, so I'm sure you can maybe he can maybe pull it up. Yeah. Um, so there they are. There's Clarence and Esther. Uh, the B the bottom photo. Um, the swing bridge was a bridge that my father used to uh, fish off of um, when he was
a kid and it was basically connecting old San Carlos Boulevard to San Car Carlos Boulevard. Um, and again, it's before my time, but they decided to put the um the big overpass bridge in. And
what it did is it basically cut our property in half. So, we also own the Yucatan beach stand. Um, that was part of the original lighthouse. So, um, maybe in some of the photos Pat has, it has an aerial of our property before the
sw the overpass bridge was put in. and we really had a beautiful piece of property basically right across the street from the from the beach. Um, so you know what what I kind of grew up thinking was kind of a handicap
having the bridge on both um sides of our properties in actuality turned out to be uh a great asset to us because it is a massive barrier blocking us uh from potential storms or the impacts of those
storms uh which is the case with Ian. Um, you know, luckily we have an amazing neighbor, Margaritavville, right next to us. Um, you know, we were really excited for that pro project and they've done nothing but uh be a great neighbor to us
uh today. Um, but as you can see, they blocked the impact on the one side and the bridge block the impact from the next. But, you know, still we're we're a property that um has that uh as kind of um not a hindrance, but it is an eyesore
when you're talking about uh engaging with customers. So, what Pat is going to uh introduce to you today with the project um we've taken the space between our new building and the bridge and really converted it into such a unique
and sophisticated um use of space for the community. U I'm a dad of three and I'm constantly looking for places to take my kids to run around to play to go to the playground and we really don't currently
have something like that in the downtown district. Um and so this and Pat will get to it will give us the opportunity to have that. Uh and also it'll create a welcoming um space uh right next to the
bridge in between the bridge and our building. Uh so you will see that uh today. Um did that answer your question, Mr. Sure. You you could go wherever you wanted with that, but that was helpful. Thank you. Yes, sir. What about the
history of traffic? Uh the history of traffic. Um start with the new traffic. So just a little bit out there. you know, traffic getting on and off this island has always been um a unique uh
challenge. Uh but I think with the invention of Uber and Lift um as well as uh public utility of trucking people on with the Lee County uh tram on Pine
Ridge, it's made it easier for people to come on and off this island. Now, with our property, what we've seen over the last 15 years is um a tremendous decrease in people coming and staying with a
vehicle. And I think it has everything to do with our unique location. Uh given that you can basically uh check in and then uh walk to anything that you really want to do in our community.
Um, so and it's also I think the move in the market. I mean his back in the day in the 90s it was not uncommon for someone to to come down here from the Midwest and stay for a month in one of our kitchenetses. And that's just not the
market today. Um whether that's good or bad, it's just it is what it is. So, we don't have the we don't have the the uh the vehicle traffic that we once did. If that if that helps, Mrs. Woodson,
thank you. Jim, questions for Tom? Not currently. Scott? No, I'm good. Thanks, sir. All right. Great. Thank you, everybody. For the record, Pap with the neighborhood company. Um,
I've got a very brief presentation. Um, Tommy did um, give me a new mandate to kind of show you some slides with some pretty pictures and I can do that, but I'll start off with with, uh, the substantive stuff. Um, and
then if we want to talk about those pretty pictures, we can certainly look into those. Um so um the amendment request is uh touching on the few items that are are right before you. Uh we used to have a
fivephase master concept plan. It was clunk clunky. It was confusing. Uh we um revised that. We have one MCP at this point. Um we talked about the um
increase in hotel units from 75 to 130. Um, just want to point out on that issue. I think you've heard us uh in great detail talk about that at the LPA. No need to reiterate that. However, your package and our application I think has
two volt pages explaining how we looked at that density. The multiplier we also compared it to several other projects. And we not only looked at it from the standpoint of do we start with planted lots, we looked at it from the standpoint of uh density per acre also.
And we also compared it to several uh projects that were recently approved just so uh we're fully transparent and just so we can provide you with um some comparisons and and you can make up your own mind if if you believe this is
appropriate. And we certainly uh believe that it is. Um the commercial retail square footage has been reduced uh from 5,000 square feet to 500 square feet. And uh we talked about the increased height of uh
3 and 1/2 ft from 37 feet to 40.5 ft. Uh also as your staff pointed out, this is only for building five. So just one building. Um, so I'm not I'm gonna skip the um,
actually I'm just going to go to the changes that we were asked to look at by the LPA. So I've got to go all the way back to the beginning. Okay. Um, so we were asked to
um consider a a condition that would require lighting along building five that would illuminate that rightway between Matanzis Bridge and building number five. We agreed to do that. Um, we've provided a commitment in writing
to staff. I think when we come back to you for second hearing, it could either be included um as a notation directly on our MCP or as a condition of approval. Either way, we support that. Not a problem. When that building 5 is built, um lighting
will be included as part of that. And hopefully um approval from FDOT to put that pathway uh happens uh hopefully around the same time. Um, we were also asked to Could you just Patrick just briefly are you going to put Shell down
or is there going to create are you going to put put pavers down? What what are you going to do for the path itself in the interim or the long-term vision for that pathway? Both. Okay. So, um, let me skip forward. I will give you some If you're going to get to it, don't worry about Yeah, I'll I'll show you the
pictures right now. So what we did is um when it came to public benefit and also looking at um making this a familyfriendly uh environment for the resort and for the island. Um we looked at the comp
plan talking about connectivity um creating these hidden pathways and facilitating pedestrian and bicycle movement. Um, so I think everybody here has been uh to the lighthouse. We may
have had a few drinks there. Um, but as you all know, there's there's a bit of a a no man's land between the existing resort and the the the bridge. And I think the idea was how do we take that and we turn it into a positive? How do
we create this really great pathway from the bridge of the the base of the bridge um all the way to downtown? And as we know, we have a pretty complex intersection at the base of the bridge. And we figured through
this pathway, anybody that wants to walk on and off the bridge and go to St. Carlos Island can can go down the bridge, take the pathway and get to our downtown without having to maneuver that intersection. So, we thought that was a
great benefit. At the same time, we said, what can we make how can we make it interesting for families, for kids, and the idea is to take something that used to be a bit of an isore, make it an asset for for the entire town and for the resort. So, the concept is to have
little stations where kids um can can can let off a little steam, something that's going to be fun, familyfriendly, and uh amusing for for those children. And also what you see here on the at the forefront of the
image, um the wayfinding uh we have that's one of our deviations. And and again, I think it'll make it interesting for pedestrians to be told if you go downtown, you've got these different things that you can go visit and um where you can take your family. And
so, conceptually, too, because we we've all been really nervous about that pedestrian crossing at the foot of the bridge there. So, it potentially could create another avenue for people to get to other places downtown without crossing there, either legally or
illegally. I think we're all concerned about both legally and illegally crossing that at that spot. I think anybody that is knows about the pathway will want to take the pathway. To me, that's the easiest access to downtown if you're coming on and off the bridge. So, they
could use the Margaritavville pedestrian crossover and then get to the whatever crossing. Yeah. Go through lighthouse, take that pathway and get right downtown. Very good. um a zipline. So, going back to the the
LPA hearing what they've as they've asked us to either change or look at. Uh let me find my slide here. Um so on the master concept plan, we made some minor little changes. We were asked to identify the height of every
existing building. So on the notes page of the MCP, we've done that. Um we were uh also we what we had is on the MCP we had a hatch that showed all the coop areas. Uh but we were also asked in the the schedule of uses to identify coop.
We've done that. Um and then we were uh asked to give a breakdown of the parking that was being provided and we've also done that on the notes page. Um last but not least we were asked by staff should you need additional parking? uh and we
went into the parking issue in detail at the LPA. Um above all, I think with the way people visit and what uh Tommy explained at the LPA, I think I think his explanation was that um even 10
years ago, maybe um eight out of 10 visitors had a car and today it's more like four to five out of those 10 people drive a car. So big difference. We feel comfortable that we have enough parking on site and we
think it's a great location that is pedestrian friendly. Um, however, we were asked to look at should you use parking lists or valet? Uh, how much more parking could you um accommodate on site? And our quick estimate is 42
additional parking spaces. So, I think we've got those options. U, and on top of those options, we have off-site parking as as another option. Um, I don't think we'll ever need to use those though. Um,
so just to to recap, that's our master concept plan. Um, that is in your packet and those are the little changes that we were asked uh to make the height, the
cop, and uh the parking outline. Um so with that said uh unless you ask me some details about the design and uh the reason for the design I think we we went great detail
on that u as part of the LPA hearing. Um I'll just wait for those questions and I will just conclude. So, in my professional planning opinion, the proposed CPD amendment is consistent with the C plan and meets or exceeds all
LDC requirements, including CPD review criteria and based on what we provide at the LPA and your uh staff report and unanimous recommendation of approval from the LPA and no con no uh objections
from the public. Uh, we respectfully request approval for the proposed CBD amendment. Patrick, for those that maybe haven't watched the LPA, can you put the pictures up of what the renderings of what it would look like so that they can
share it with whomever might be watching and maybe just describe Yep. what they're looking at. So, um this is a rendering at the corner of Third Street and uh Fifth. Uh that's where one of the two new buildings will be located.
That's what you see uh in the background. The idea was to keep that building human scale. It's two stories over one level of parking. Uh very um kind of clean uh coastal uh look and
design to the resort. Um, again, Third Street, just wanted to show the landscaping. We know this is a um good pedestrian area where a lot of people use Third Street to get to downtown. So, the idea was to make it uh
at a human scale and also pedestrian friendly. Um, same depiction along Third Street, different angle. Um, this is the new building again showing the access into that new building, but only two stories. And what you see on the right
are those existing cottages along Third Street that have been renovated uh since Ian. Just wanted to show kind of the height comparison and scale and how those really blend in well together. Um this is the uh new pool deck uh that's associated with those third street
cottages. Um just the highlights of this, they're going to be landscape. Uh, it's it's really going to be a resort feel and above all that pool, we describe that in detail at at the LPA, is is going to be familyfriendly. Um,
shallow areas, bubblers for kids, uh, a waterfall, and it it's a place where the grown-ups can have a cocktail and they can keep an eye on the kids that are real close by. But the entire area is gated, safe, uh, familyfriendly.
Um, we talked about the pathway or uh Patrick, can you the pathway? Yeah. I mean, it's it's a great concept and I and I love the kid-friendly dynamic. I just wonder, you know, folks are going to be taking their bikes through there and using that as a shortcut and and it
could be a wonderful shortcut uh terms of just pedestrian avoiding pedestrian crossing on at the at the foot of the bridge. I just wonder it looks like it at points it's pretty narrow and if you've got kids there I I would just I'm not going to micromanage your world but
I'd be thoughtful of a lot of foot traffic and potential bike traffic going through there with the little kids. I don't know what the answer is on that but something to wrestle with. Yep. I I think we uh it is kind of a narrow area. We we get that. I think it'll be
um designers that are a lot more adept at this stuff than me that will take a final crack at this, but um I think it's a I think it's a great public sign. Maybe it's it's asking people to walk their bikes if they're in a it just may be more popular than you expect because
it it could alleviate a lot of congestion. Yeah. Yeah. But but I think it you know most of the literature when it comes to either driving or using your bike, people go at a speed that the environment dictates. So if you have a
roadway that has a lot of landscaping close by, sidewalks, a lot of activity, people naturally slow down. And I think it's the same thing with with bikes. when people and we we know that people currently ride their bikes on the sidewalk and when they get to downtown where there's a lot more people, people
naturally slow down and they're a lot more careful. So, um we'll talk to our designers and we'll certainly keep that in mind. Um this is the new building 5. Um what's important to note here, it's uh
three levels over parking. Uh the additional three and a half ft we're asking for allows us to add one more story. Uh it allows us also to be able to provide 10-ft ceiling heights which
are consistent with the market today and also allows us to have architectural slanted slanted roofs again to improve the aesthetics of u the proposed improvements. Um this is to really depict the um the color palette. So again very streamline
uh the architects and you might know them uh very good architect MHK out of Naples. Um they do a lot of white cottage color palettes, but the idea was to throw in uh some color accents through louvers uh railings and uh some
kind of a tropical mural. So, um it'll be a very elegant uh design, but splashes of color will be added. Um this is the uh the pool that is um going to be at the very point of building number
five. Uh it'll be at the 200 level. Uh behind the pool area at that uh 200 level is going to be a restaurant. Um and the idea with the restaurant is as you know, we've got the tiki at the 100
level, which is lively, fun place. Um, this is going to be uh a little more uh elegant and um for kind of the grown-ups for a nice meal. And you can also have receptions uh at the restaurant that would open up to the pool
area. Uh view from the bridge um showing that uh building number five. Again, keep in mind that num building number five is uh one of the new buildings proposed, but it was already approved for a building in that location. So,
we're we're making it uh slightly taller and uh some of the density that would have been uh where the cottage cottages were rebuilt is going into that building. As I mentioned, with three and a half ft allows us to put a a third
story of lodging in there. Uh this is a depiction again um from the bridge but at a higher elevation. Uh what I'd like you to notice is that uh these amendments will allow uh the Coler
family to move forward with all their planned improvements. They've always improved the resort incrementally, but now they want to tie it all together. So from a an architectural theme and landscaping theme, everything is unified. Everything is consistent. You got metal roofs everywhere. Same color
palette and a great asset to the area. Uh just a different view. This is looking more from the Margaritavville perspective. Again, showing how the new buildings will tie in with the old and we're going to have a cohesive, attractive resort.
Um again u elevated view but from third street showing you the entire resort. And this is from the base of the bridge but also uh bit of a higher perspective. And I think an important thing to note here is the height the
scale um blends into its surrounding environment and and fits u on on what has become a bit of a a tight property for them. you know, they they did have the taking on that property which severely impacted what they were left
with. It's it's a bit of a wedge. It's challenging, but as Tommy mentioned, they they took something that could have been seen as as a negative and and did the best they could with it and turned it into positive.
So this is uh just uh to conclude the renderings an aerial view um showing the new buildings incorporated with the old and how the entire resort looks from uh what what would that be 10,000 ft
above maybe even less. So that that's um that's it when it comes to the renderings. I'd be happy to answer any other questions you may have. Uh, Scott, any questions? Yes, I I do. So, in the packet, you said your
equivalency is 6.5, but I think Judith said it's higher. So, what we did is is Yes. And and we, like I said, we we've got two pages kind of explaining all the detail. Um if you recall when we were
here before you with um my side um we looked at the existing planted lots that that were there and our uh when it comes to hotel
density we kind of have a unique way of of looking at that on Fort Myers Beach. We start with residential density. we apply a multiplier and then you get you convert essentially residential units into hotel
units. And um what we said with my side and with this project also is when you have a planted lot, you can ask for a minimum use determination and you're allowed to put one unit on each of those existing planted lots. So we think that
instead of using six units per acre, which is the base density in our comp plan, the fact that we have a system that takes your vested units and you multiply it, we think it's it's put all those comparisons, we explain all of
that in the packet. Put all those comparisons, we explain all of that in the packet. Uh just different ways of looking at it. And then what we looked at also is we we looked at the density
per acre for each of those recently approved projects. And this one kind of falls uh in the middle greater than Margaritavville but less than the Neptune for example. So good Karen. So I have a question on
timing. Yes. Um, if this is approved, what is your schedule for shovels in the ground and completion and so on? I'll let Tommy address this. Uh, the one thing I I can say is they've been at this for for close to 60 years and it's
always been an incremental approach. um their intent when they amended their CPD and we had the five phases was to continue that incre incremental approach of improving um improving the resort
over multiple years and I think that's still the intent to do it incrementally but I think if all goes well Tommy's going to try to condense that and do it as quickly as possible but I'll let Tommy address that. Thank you, Pat. Um, so given that it's
probably going to take about a year of engineering, um, in my perfect world, I'd like to break down break ground in three years. Um, you know, obviously I've got to take in consideration, uh, interest rates and kind of where
things are at, but um, you know, I'm very much so eager to start this tomorrow. So, um, you know, with your all's consideration, if we can get approvals, um, you know, it's hard to it's hard to nail me down to a
timeline, but, um, I'd say within the earliest is probably going to be within three years if I had to guess. Okay. If you can move that up to two, that would be great. I would love that. I
would love that. Anything else? No, I'm good. Vice Mayor, I have nothing else. Council King, nothing. All right. Thank you, Patrick. All right. Are there any members of the public who would like to comment on this matter? If so, please come forward to the podium and identify yourself,
provide your address, and whether you were sworn in. Tom, I don't think I was sworn in. Must have missed that curfew. All right. Uh if you raise your right hand, do you swear or affirm that the testimony you're about to give is the truth, the whole truth, and nothing but the truth?
I do. All right. Good afternoon, uh mayor, vice mayor, and counselors and and the town team. Um it's um I'd like to make a couple comments if I could to uh kick it off here. Um, first of all, I'd like to
praise the life of uh Jim Steel and what he meant to this community, but also on a positive note, I'd like to welcome Will to our community and your family um to our
community and now your community. So really look forward to working with you and having have me on board, Will and Andy, the absolute best to you and your family going forwards. Um it's it's been an interesting ride for all of us. Um
and I I look back in in the early days and and and some of the greatest memories occurred then. And uh I like to refer to it as not necessarily character building time frame, but they were character revealing um time frame and
and you passed all the tests. Thank you for everything. You're a character and the team that you put together. So under this project uh the Colers uh the lighthouse resort um the the generations um I don't know
if it was two years ago or three years ago Tommy you were you shared with me the the you know the beginning of concepting this vision and uh really the the family friendly nature that was um fundamental to to the approach that that
you took here and have taken. And I too would like to reciprocate and say they're they're great neighbors. Um um they're great community members. Um they're they're great servants to our community. Um they only want the best for the community. They they have molded
as as you've heard here over decades what what what's happened so far the improvements the many many improvements that that have taken place on this property and and taken it to this next level I think is is just a tremendous um
asset at the gateway of our community. I think the hotel lodging um the intensity is is very appropriate at this location. Um, and I just want to um just lend my support in in this project. So, thank
you. Thanks. Anyone else? All right. See none, we'll close public comment. Are there any additional comments, rebuttal, or closing statements from the applicant? Nope. All right. I will now close the public hearing and request a discussion or a
motion from the town council to approve, approve with conditions, deny with reasons, or a continuence to a time certain. I think staff wanted to get conditions. Okay. I think she just wanted to put it on the record. So summarizing Yes. Just the findings and conclusions because I
didn't do that earlier. Just I can we're okay with summarizing in this case. Okay. So the the full criteria are found in the staff report. So u I'm going to summarize those for you here. Um the code asks for consideration land
development code section 34- uh 85B. Um the staff finds that the request is consistent with the goals, objectives, policies, and intent with the densities, intensities, and general uses as set
forth in the Fort Meyers Beach uh comprehensive plan. um and we'll be compliant with all applicable um criteria there. Uh land development code section 34-85C um before granting any reasonzoning, town council shall find the requested
zoning district complies with mainly the Fort Myers Beach Comprehensive Plan um which the staff um supports that it does. Um, land development code section
34-216B2, the recommendation made to the town council must be supported by guidelines set forth in 34-85. Um the main goal of meeting and complying with the Fort Myers Beach comprehensive plan
um staff finds that um there I go through proposed use meets that the proposed use meets all specific requirements of the comprehensive plan that are relevant to the requested plan development and I've um listed several
of those policies in the staff report. Um findings for deviation request is covered in section 34-2164. Um staff finds that requested deviations are related to an efficient functioning of the master concept plan.
The only exception that we note is uh deviation 11 which uh we suggest the town council consider whether that is appropriate um in this uh application. Um staff finds that the deviations are consistent with the
comprehensive plan. Um under the recommendation, staff recommend that the town council consider the parking space reduction in deviation 11 um and whether that is appropriate for the site or whether that deviation should be altered. Um staff suggested that 130
parking spaces, which would be one space per room, um to accommodate guests and employees would be um uh more appropriate. Um the applicant is offering programmatic alternatives to
driving for both guests and employees. Um staff is not able to evaluate the effectiveness of those policies. Um but the applicant has provided um document titled proposed conditions and commitments um as part of their application. Staff finds that the CPD
amendment meets the criteria as set forth in section 34-85B and C and 34 2162 of the land development code. If the town council determines that deviation 11 is appropriate, staff recommends approval with conditions. Um there are
recommended conditions listed in the staff report as well as with the um the ordinance. The ordinance version of condition includes the um the LPA's request for lighting. If the town council concurs, then we'll um add that
moving forward. I also wanted to let you know before I go through the conditions is that um staff um along with the town attorney uh have been working with the applicant to try to ensure in this case that we don't need an additional document. We have talked about that for
um other applications to be able to move forward um with all of the conditions and commitments that they're proposing to be included in the final version of the ordinance that you're going to see on second reading. So, some of those things that we've talked about, but you're you're not seeing in writing yet.
I like the the DRA program. um having them commit to a location for that on the master concept plan would allow us to remove that from some kind of additional um uh secondary agreement. Um, we've been kind of going back and forth on how to
handle some things, but we understand is that if we can show it on the master concept plan, that way it becomes part of the development order that that's something that staff can verify and check and that we don't need additional um agreement, which I think would be the best case for Judith. Since that's an
acronym that's unique to Fort Myers Beach, would you say what that acronym stands for? DRA. Yes. Don't rent a car. Thank you. and is part so and that's part of their proposal of um ways to mitigate the parking
reduction that they're requesting. Thank you. Um okay. So I'm going to go through the conditions of approval. Um one uh final architectural design must be generally consistent with the renderings provided in addition to the
master concept plan. prior approval of a development order on the master concept plan must be revised to reflect the conditions of approval as determined by the ordinance. So, we've added that. So, instead of doing an additional agreement, we're going to try to get everything into the master concept plan
so it's uh clear. Um applicant must receive approval from the town manager for backout parking along Third Street for land development code section 34-2015. the existing lower building that's on Third Street, you can see um
on this image has that backout parking. So, the code requires town manager sign off to um continue that use. The installation and use of the proposed pedestrian pathway subject to approval by FDOT. Um within six months of zoning approval by the town council, the
property owner will coordinate with FDOT regarding enhancements to the St. Carlos Boulevardis Pass Bridge right away. Um, and this is in this location. Um, I would add the condition about the lighting. Um, and have it included as
part of their photometric plan to be provided at time of development order because if the lighting is attached to the building, we can go ahead and approve that without um, FDOT approving their whole permit. Um, all signs in or near the right ofway will require sight triangle
analysis per section [Music] 30A4. Uh, access through and along the resort pathway connecting the existing sidewalk arcade on Fifth Street to St. Carlos Boulevard must be open to the public during the resort's restaurant operational hours to encourage
pedestrian movement between the east and west sides of the resort. All landscaping materials will be native varieties or Florida friendly species. At the time of development order on the property boundary survey, the Limoa limit of moderate wave action boundary
line for the coastal Azone must be demonstrated. Uh at the time of development order, the architectural elevation sheets 5 through 7 must have the lowest horizontal member added on the cross-section details. This is just to ensure that we've got the the heights of everything correct. Um the applicant
must provide at least one bike rack. They've told us they're probably going to have two. Um, consumption on premises service of alcohol for on- premise consumption is approved at the locations depicted on the master concept plan subject to the following limitations. Building five,
it's on the elevated pool deck um, which is shown on the MCP. The tiki bar and pool deck on the south end of the property between buildings three and five, limited to the areas depicted on the master concept plan. for the tiki bar and pool deck on the north end of the property between buildings two and
six limited to the areas depicted on the master concept plan. Um hours of operation for outdoor areas will be limited to the following unless otherwise temporarily altered by the town special event use regulations um uh
per land development code section 34-1264. All other hours of operation were regulated regulated by the land development code. Pool deck on building five, which is the building closest to the bridge. Uh 9:00 am to 12:00 a.m. B.
Pool deck and tiki bar at the south end between 3 and 5. 9:00 a.m. to 2 am. Pool deck and tiki bar at the north end between buildings 2 and 6. 9:00 am to 10 p.m. all I have. Any questions for Judith?
Oh, I'm good. No, John. None. Thanks, Judith. We're going to close the public hearing. So, is there any discussion or motion on ordinance 25-11? I can't discuss anything. Well, I'll
make a motion to approve ordinance 25-11 with the exceptions including all exceptions uh outlined by staff. I'll second a motion by councelor Woodson, seconded by councelor Safford.
Any further discussion? Councelor Woodson I. Councelor Safford. Vice Mayor Arrow. I councelor King. Hi. And Mary abstains. Motion carries four to zero. exceptions is conditions. I'm sorry. Conditions. Okay. Thank you. Amended to
conditions. Mayor. Congratulations. Yay. Well, see you at the secretary. We'll be eating quicker at the second meeting. Huh? We'll be eating quicker. I've never been to the lighthouse. I can't wait to
Can't wait to check it out. Me neither. I've never been there. Curtis, nice. Um, I don't Does anybody need to take a break to grab something to eat or do you want to get through this last public hearing? There's been a a lot of people waiting, so I just want to see what the
consens I would like. Food. Food. Okay. Um, quick food. It's pizza. How quick how quick do you need? I'll just keep going. If you guys need time, tell me what you need. That's up to them. I don't mind eating after. 10 10
minutes. 10 minutes. Okay. We'll take a brief recess of 10 minutes. We'll come back at 1:35. There's Huh? We have no mics, Jason. [Laughter] Are we back on or are we waiting for the
microphone? We're live. Okay, we'll call the meeting back to order. It is 1:40 p.m. The next uh the last public hearing is an agenda item and it's the first reading and public hearing on proposed ordinance 25-06. If approved at first reading, a
second reading and final adoption hearing will be scheduled for June 16th, 2025, at 9:00 a.m. or at another time identified by town council. This is an ordinance of the town of Fort Myers Beach, Florida, approving or denying a home rule development agreement for
property located at 1028 Eststero Boulevard and 1046 Eststero Boulevard. Fort Myers Beach, Florida. Strap numbers 24-46-23-W3-000017.0000 and 24-46-23-W3-000016.0000 0000 and owned by ter by prasad
properties Florida investments LLC as authorized by section 2-100 of the town's land development code in compliance with the procedures for application and approval of development agreements with deviations set forth in resolution number
24-73 as amended by resolution 24-247 for the purpose of redevelopment of the property to allow a commercial development with a maximum of 42 2,210 square ft, 31 hotel rooms, and a
mean roof height of 38t 8 in above the 100redyear storm elevation, providing for terms and conditions included, but not limited to the identification of the proposed use of the property, a finding of consistency with the town of Fort Myers Beach comprehensive plan,
commitments and development obligations, deviations needed for development, providing for other clarifications as necessary, providing for conflicts of loss. cost Grimer's errors severability and providing for an effective date. If any town council member has had any exparte communication to disclose,
please let us know the subject discussed 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. Dr. Safford, I had a meeting with uh Mr. Prasad last week and as well his
neighbor Mr. Torison. Um, I've received surprisingly less than 10 emails about this project in the last week. Some for, some against. Okay. I had a meeting with Mr. Brasad and Mr.
Terguson as well. Um, I think a lot of the I've had a lot more emails than that because there was three weeks ago and then most I'm just talking the last week. Okay. Since the plan has changed. Cool. Just to be specific.
Okay. Uh, Vice Mayor Adult, I met with uh the applicant uh prior to the LPA meeting and with uh Mr. Toruson prior to the LPA meeting. I've received uh emails both pro and con. Have not had any
meetings since the LPA meeting. Council King uh also met with the applicant and Mr. Ferguson and uh received pro and con emails. Go ahead. Okay. I met with the applicant pre-LPA meeting. Well, I guess it wasn't
necessarily a meeting. It was I attended the I don't know what you would call it, the public event in Time Square. I attended that. I have since the LPA meeting, I've had conversations with the applicant and one of his team members. I saw him. There he is. I don't remember
your name. Tyler Peterson. Pardon me. Tyler Peterson. Tyler Peterson. As I met with uh Terry and Tyler Peterson, I've met with his neighbor Tom Torerson as well. I also have received uh plenty of emails both before and after the LPA in
support and uh against. So, um having made these disclosures, has everyone come to the meeting today with a open mind and is able to u hear the testimony and review the evidence in an unbiased manner?
Absolutely. Zach here. Yes. Um yes. Yes. John. Yes. And Mor, the applicant is present with his attorney. Um having made those disclosures, it it would be an ideal opportunity for uh the attorney
or the applicant to question any of the disclosures that have been made. Uh thank you. My name is Joe Madden here today representing Prasad Properties. Um, I don't feel there's a ne necessity to question anything. I think we're all on the same page. We know what happened
from the appellants on the on the u red coconut deal. I think it's a great procedure that you implemented now to go through that and ask that question. So, we we do not need to further inquire. Thank you. Okay. Thank you. Who's uh Judith? Are you Oh, he needs to
be experted. Oh. Oh, hold on a second. I haven't got that part yet. Okay. You want to do it now? Trying to move along. All right. Are you here to be qualified? Mr. Mayor, this is Jason Hutley. He's from the Access Group. Oh,
I'm sorry. I've never met you before. What was your name? I mean, Jason, u EY, I believe you're filling in for Sarah Prost. Is that correct? Yes. Uh, not even a good substitution, but I'll do my best.
All right, Jason. Well, we must first qualify you as an expert witness. You want to tell us a little bit about yourself for those that are watching? Well, I did graduate college. I don't know if you want to know how many years it took. Um, I went to the University of Tennessee in Knoxville.
I have one one supporter here. No gators chomping on me yet. Gator. There you go. The table down there. I um I've worked for the Atlanta Regional Commission. I've worked for Dotto County as a planner. I worked for DInnesota County as a planner. I worked
for Charlotte County as a planner. I worked for the Southwest Florida Regional Planning Council as a planner. I worked for um Manatee County as a planner. I worked for Sarasota County as a planner. And after I finished getting
fired by all the No, I'm just joking. Um I didn't get fired by any of those. Um I started working for myself um planning analytics. So, I've been u engaged in planning for over 20 years now. Okay. Well, I will make a motion. You have No, just what was your full name again?
Jason, last name is uty. Thank you. I will make a motion to um approve Mr. Utley as in Do you want to use the word expert? I'm a member of the American Institute of Certified Planners. Expert testimony to provide
expert testimony. Second. Any further discussion? I'm an I. Vice Mayor. Hi, Counc. I I got it. Sorry to help you. Perfect. I haven't messed up yet. Thank you, sir. Go ahead. Uh, take it away. Well, take
it away. Well, I got to Are any other individuals who would like to be qualified as an expert witness on behalf of the applicant at this time? This is why I don't take breaks. Remember, I get sidetracked. We we feel very strongly that a well-fed council is a
good council. So we're happy you took a break. So with me today is Tina Ecklad, who I think you met during the Red Coconut hearing. We're going to tend tender her as an expert in the area of land use planning and uh familiarity with the with the town's comprehensive
plan and land development code. Also, as you mentioned, Tyler Peterson is on the team. He is a architectural design expert. And uh also with us today we have Michael Collins, an FGCU associate professor in the area of hotel marketing and finance. And we're willing to offer
any of their resumes if you if you need it, but I think uh you've dealt with dealt with two of them already and Mr. Collins has given me a a resume, but up to you. If if he comes to testify, I'm glad to put his credentials on the record. Can you do a
motion just to keep the record? Sure. I will to accept I will make a motion to accept the might as well say all three names. All three please that were mentioned. Yes sir. As an expert witness in this case. Second. Any further discussion? I'm an I. Ver councelor King. Hi.
Councelor Ward. I councelor Safford. Hi. Got you that time. All right. Take away Mr. Okay. Thank you. So here today to present uh development agreement number DA2024170. As you'd mentioned, there are two parcels subject to this development
agreement. Uh you'd read in the the strap numbers, it's the addresses are 1028 EO Boulevard and 1046 Eststero Boulevard. Base zoning district for these two parcels is downtown. This um and then the base
future land use uh designation is pedestrian commercial. So for this zoning designation, this allows for the highest density and intensity in the town. Uh the commercial space, you had mentioned what the cumulative total of of the
space would be. The applicants proposing 15,845 square ft of commercial space. That's not including the hotel. So that's just breaking that out from the the 31 unit boutique hotel. So, the the retail space uh this includes retail
space on the pedestrian plaza, beach bar, uh with previously approved consumption on premises, a restaurant, a second floor, and a rooftop restaurant and bar. Um, as I'd mentioned, they they've changed this to a 31 unit
boutique hotel and they're requesting the use of an equivalency factor of 9.7 in order to be able to achieve this for parking. Um they're they'll be accessing the site through Eststerero Boulevard and they'll
provide parking with valet service and car lifts for the hotel guest. Um developments that are in the Times Square pedestrian plaza are not required to provide parking. So therefore they'll exceed any kind of requirements um and
won't have to utilize shared parking. As far as uh pedestrian activity, there's a 10-foot covered walkway that's going to be provided on the western side of the structure. And um there's going to be a public access easement that'll
allow pedestrians to a pathway um to a patio area with restrooms, benches, footwash stations, and drinking fountains. The beach is adjacent to the public patio space and um ADA accessible mat will assist people with mobility
issues in in accessing the sandy beach. Um the property was previously approved for COP consumption on premises. Documentation regarding that is attached to the staff report. And then the applicant is requesting uh five
deviations which I wanted to ask you. Do you want me to read those individually into the record please? Okay, sounds good. First deviation is to request uh a request to deviate from LDC section 34-675B1 which limits building height
within Time Square pedestrian plaza to 30 ft above base flood elevation and no taller than three stories. to allow for three stories, 28 feet, and 2 in. The request increases. The request will increase if
the rooftop restaurant bar is considered appropriate. Addition of the rooftop restaurant bar would increase the total building height to 38 ft 8 in. There's a request, second request is to deviate from the land development code section
34-633 which requires floor area ratio to be calculated to include all stories of a building within the surrounding exterior walls and all areas below an elevated building that are 6 feet or more in height and all stories of covered parking. Um, so this would allow
for the elimination of the first or the ground floor uh covered parking from the F calculations. Request number three would be a request to deviate from land land development code section 34-1803 which provides the hotel
equivalency factors for the number of guest units that can be substituted for residential dwelling units to allow an equivalency factor of 9.7 as I mentioned earlier and that would allow for the development of the 31 unit hotel room
and a total of 26,16 square ft for the for the hotel overall request to deviate from land development code section 34-674A1A requiring a bill to line of zero feet in the Times Square pedestrian
plan. And so there the applicant's requesting a 10-ft setback, front setback. Number five, it's a request to deviate from land development code section 34-677, which requires commercial design standards to apply to all commercial and
mixeduse buildings. And this would allow for the proposed architectural rending renderings as provided in exhibit C. And the applicant will go into to all of this with with much greater detail. Um, the LPA heard this request
at their April 29th, 2025 hearing. They recommended a denial at that time. However, um it's they have chosen to modify um the conditions of the development agreement that they had proposed at the LPA and the applicant
will go into that with with more information here in just a moment. So, if you don't have any questions for me, I can u introduce Tina Eggblad who's the owner of Sage Entitlements. She's the owner's applicant agent rather. and um
she could provide some additional detail. John, you have any questions for Jason? Not currently. Vice Mayor, not at this time. I'll wait. I I do not, but I've got two scriers errors I'd like to just
take care of. on page um 559 of our packet in the I think section 4A it says the site plan dated May 1st 2025 that's not correct is it because they've changed
the parameters that is correct I want thing cleaned. So, can we we get that fixed? For the record, Tina Eplad, the um exhibit B and C, which are the site plan and the rendering, those are
dated May 1st, 2025. We submitted them, I believe, on the second or third. Oh, okay. So, my my mistake. So, it's a was after the LPN, correct? Okay. My apologies. Um, is there another one? Yeah. On just the staff report on page
588. Um, in Sarah's summary, she the request is for a development agreement with 30 hotel rooms, right? That should be 31. There should be 31, correct? It does say that under the case name,
but yeah, all other references in the staff report are to 31 units, which is the request. It's just that single reference that needs to be amended. Okay. Thank you. I I don't have any questions, Jason. I didn't mean to give back up.
Well, I hate to disappoint you, but Tina's going to go second. I'm going to go first. So, it's again, my name is Joe Madden and uh Mr. Mayor, Mr. Vice Mayor, and members of the council. Um I'm an attorney that practices real estate, land use for 35 years here in Fort Myers
and Fort Myers Beach, and I'm here today representing Prasad Properties in this first hearing on a request for a development agreement. Well, I haven't been in front of you recently here. Um, I did serve as your special magistrate for the uh purpose of code enforcement for approximately 14 years, enforcing
the land development code and other other matters that came before us. Even the even the traffic matters came to the special magistrate back then. I want to tell you after uh reviewing today's agenda, I've got to commend each one of you on your commitment for the redevelopment of Fort Myers Beach
because, you know, having been here before, having been here during and have been here after, I really give you all credit, especially looking at that agenda, including the lighthouse res uh resort that uh came before us today, and it's in such close proximity to this parcel. I see that the council obviously
has the vision of what's necessary to to uh move matters forward in Fort Myers Beach. With us today, as I said, is Terry Prasad representing the ownership group of the parcel parcels. Uh Tina Ablad as a planning and land use professional in all matters regarding the land development code and the
comprehensive plan. We also have Tyler Peterson with his background in AR architectural design. Michael Collins, an associate professor in the hospitality the I think the chair of the hospitality uh uh program at FGCO is here with regard to questions about
hotel marketing and finance today. We hope that we have an opportunity to review with you the terms of this development agreement that's been negotiated with the town staff. The application has been significantly amended as was just pointed out uh
consistent with the LPA discussions including a reduction of an entire floor from the project. Um I understand how the LPA works. I was a county attorney for the board of county commissioners for six years in their very important role. But in
fairness, the vote that was mentioned to you at 70 not to trans not to approve, we really didn't get to the nuts and bolts of the development agreement at the LPA at the LPA level. The testimony that will be presented today will demonstrate that the project meets or
exceeds the comprehensive plan and code requirements and there is rationale for the requested deviations. Um, for our record and purpose of the town, we're going to go ahead at this time and request the staff report together with the applicant's application as amended be admitted into
evidence for this hearing. I'll skip the next portion because Miss Nancy took care of it. Um we'll turn matters over to Miss Ecclad and um I'd like to reserve time after uh public comment to address anything that
comes up. Thanks very much. Thank you. Good afternoon, town council. For the record, Tina Akblad, principal of Sage Entitlements. Um, I know you've had a long day, so I don't want to de labor this presentation. Um, but I do have some I'll say details for the record and
also the highlights of the changes that we've made since the LPA meeting that I think it's important to go through. Um, I am going to quickly summarize the first couple of slides. I think attorney Madden did a great job. You know that we have two parcels um that are before you
today. The developable area of those parcels is 0.5 acres or just a little over 23,000 square feet. The legal description included as exhibit A to the development agreement is limited to that 0.53 acres. That's to ensure that we don't have any negative impacts to the
environmentally critical zoning district. This property has been used um in restaurant operations for many years. Previously it was the top mast restaurant and then in 2014 the sunset beach tropical grill reopened on the parcel which had uh a restaurant retail
commercial parking and that consumption on premise on the sandy beach. As was pointed out we are within the uh downtown core area which is identified in your comprehensive plan. Um and that creates the land use foundation of the
property. The downtown core is broken up into multiple districts. This property is within district two which is known as the time square and that district is slated to be quote the lively commercial tourist center of the town. Uh the
downtown core also extends as you know from the bay to the Gulf with Old San Carlos Boulevard providing uh a main street corridor. The property is also within the pedestrian commercial future land use which is identified as the commercial district and it and that land
use is applied to the intense activity center of time square. Um for purposes of this presentation when we when we say the words time square we're going to be talking specifically about district 2 and I will try to add the words pedestrian plaza when we're talking
about that area immediately fronting the properties that are subject to this application today. um just because the uh future land use element does kind of use these terms interchangeably. I'm trying to create some clarity as we go through as to what we're referring
to. Um back when the comprehensive plan was adopted in 1999, it included uh a plethora of supporting data and analysis. And while that is no longer required to be attached to a comprehensive plan, it is still part of the documentation. and it described at
the time the objective of district two in the time square. And while unfortunately we no longer have a new pedestrian mall, we do have an understanding of the design theme that was anticipated um to be carried through the redevelopment opportunities and these
are uh implemented by objective 3D and the supporting policies. Um, objective 3D at its core promotes the revitalization of the Times Square area, that district 2 that's identified. Um, it does that by giving
the town itself direction for what should occur over the 10 to 20 year horizon of the comprehensive plan and then also what private development should be doing when applications come forward. As an example of that, policy 3D1 instructs the town to establish a
downtown redevelopment agency. And then the policies on the screen here, 3D3, 3D5, 3D7, along with 3D4, 3D6, and 3D9 are to promote pedestrian related improvements, improve parking, um create
either underground or on-site storm water management, to address um blighted related conditions that occurred prior to 1999, and ensure those things move forward through public private partnerships and redevelopment applications.
ations. The comprehensive plan, as you know, is implemented by the land development code and we are within the downtown zoning district. Um, this district seeks, excuse me, seeks to promote commercial designs that support pedestrian activity and a park once
concept. By right, the downtown zoning district is required to have zero foot front and side step setbacks. Building frontage must be a minimum of 70%. Height is limited to 30 feet above base flood and three stories. Floor area
ratio is limited to 1.8 and for parking there is a zero multiplier which means parking spaces are not required. Deviations are permitted to these requirements either through the commercial plan development process or the development agreement process that is before you
today. Before I get to There we go. Tina, could you go back one slide? Sure. I'm just curious to the left there that obviously is Lynhal Park doesn't seem to be doesn't seem to reflect Crescent Park. Is that just the
way the map is or So the this particular zoning map was adopted in 2004 and if I recall Crescent Park did not exist yet. Fair point. Very good. All right. Thank you. So before I get to the details of the application, I do want to note that uh
in the supporting documentation to the future land use element, your comprehensive plan identified many of the challenges that we face today related to the flood plane. It specifically quotes that Fort Myers Beach will continue to have its land uses shaped by state and federal
regulations. It identified that at the time of adoption in 1999, there were already conflicts between that vzone and the redevelopment vision for the downtown core. And there was um multiple
I'll call them options considered. There was even a University of Florida study done looking at dry flood proofing versus elevating above flood and having a pedestrian walkway for the downtown core area. And I think it's important to note the conclusion of that study which
is incorporated into your comprehensive plan and it states if neither of these approaches are feasible, so that dry flood proofing or the elevated pedestrian walkway, then existing buildings will continue to deteriorate or will be rebuilt incrementally outside
the current regulations endangering participation in the NFIP program or will be redeveloped in some presently unforeseen manner. As a result of the demolition that occurred through Hurricane Ian in the Times Square pedestrian plaza, we've
seen both of these options play out. We've seen what happens if rebuilding occurs outside the regulations. And we've seen the Times Square Pedestrian Plaza owners come together to reinvision what this district could look like.
Um since the storm they have identified several challenges to that rebuilding as a result of this visioning process. Uh they identified the need for additional commercial intensity in this area to support greater activity within the
pedestrian plaza. That intensity would allow additional uses and/or additional square footage for businesses that support residents and tourists and also promote the park once concept increasing foot traffic and then revenue to offset construction costs. When evaluating
these needs against the byright parameters, it was also highlighted that most of the owners would need flexibility from the existing regulations. I've said that multiple times in multiple meetings and frequently I'm met with well like what? So as an example um ground floor as you
all know ground floor uh retail cannot be dry floodp proofed in this location. Well the minute we try to do a retail kiosk or something that is temporary that provides a commercial use the commercial design standards automatically apply in your code. Those
commercial design standards require windows, doors and enclosed space at the ground level. In order to obtain flexibility from that, a plan development or a development agreement is required. There is no other option. Well, you could do a variance, but I think the threshold would not be met for
that. And so, uh, typically you would see folks come through via a deviation in a commercial plan development or a development agreement. So, uh, anyone that wants to provide some sort of temporary use at the ground level, like a retail kiosk, needs to come in front
of this council and request that flexibility from the commercial design standards. Tina, just on that point, we've heard some testimony as of late from an engineer who's prescribing a wave wall for Fort Myers Beach and that
she implied that it could potentially change how properties are zoned. Could that impact what you just said before? Um, so I'm familiar with Miss Mountain's work and I'm I want to caveat my statement with she is the technical expert in the flood plane. So if she
feels that the zone could be dropped from a V to an A and dry flood proofing could be allowed then yes that is a possibility. What I don't know is how the limit of wave action then comes back into play because there are some higher
thresholds related with that boundary that I'm not familiar with to answer the question. Okay. Thank you. Um so while the Times Square owners did work together on that redevelopment concept, each one is responsible for going through the detailed design and
application to achieve the the redevelopment that they desire. And so we submitted a request for a development agreement. We have made several changes along the way prior to the LPA meeting as a result of some feedback that we received. We made some changes in
architecture. We made a minor reduction in height. As a result of the feedback received at the LPA meeting, we have um eliminated an entire floor from the structure that has brought the height of the structure down by 10 ft. It also
eliminated um a floor of rooms. I believe there were 18 rooms on that floor. And then as a direct result of that, bless you, it has reduced the F from the previously requested 2.5 to now a 1.8
for enclosed commercial space and there is a deviation to allow the parking which is now private parking to be eliminated from that calculation and I will get into the details of that on a uh a f the very next slide I believe. So, what would it quick question for you? So, you're going to cover what it
would be if that deviation wasn't if you didn't need that deviation. What would the F be for the rooftop and and the parking? I am not, but I'm going to ask Tyler to look it up behind me. Okay. Um hopefully he has access to
that. Um I might be able to get you that if we take a break at some point. I I just don't have it in my binder here. Yeah, it doesn't have to be right this second. Okay. Um, and then the other thing that we did to address the LPA comments was we
reconfigured some of the benefits that are provided on the ground floor. So, we and I'll get into the locations and details of such on the next slide, but we um we added a um ADA access ensuring that um folks with mobility issues could
utilize that pedestrian walkway and then added a mat between the concrete of the structure and the sandy beach to provide them access. And then we also added the public restroom trailer that um I saw in the staff report they wanted to clarify
that it was a temporary trailer but provided permanently and we agree with that change. I think that language we're just all kind of tripping over but we understand that it needs to be there in perpetuity. But if there's a natural disaster or the threat of a hurricane it
needs to be removed. Tina, in your in your I thought I read that it the 10- foot path was going to be on the west side of the building. This looks like it's on the east side or is it is there one on each side? Um there's only one and I'm going to get to the exact location in the very next slide. What we
did in this rendering was we removed all the potential um landscaping from the east side of the structure so you could see what was proposed with the murals and the architecture and the color and everything. Um, so actually what you're seeing that's kind of it looks like pavement here is Crescent Beach Park.
Okay. So that is right up to where the parking lot is now up to the furthest east side of the property. Correct. So this is this is two stories over flood or three stories. Um it it is technically three because of the rooftop bar. So the rooftop bar counts as a
story. Yes. Yes. Um what we did not change was the uses that are proposed. So we still have retail, restaurant, um the 31 hotel rooms and the the rooftop terrace with
the service bar. Um we did, as Councilman Stafford noted, we did provide detailed floor plans and renderings and then in the text of the development agreement, we tried to um sort of outline the square footage associated with each use. We heard the
comments that the development agreement didn't provide enough detail. So, we were trying to add that in so that it was very clear at the time of development order and building permit exactly what was allocated to each use and to aid those reviews and ensure that there wasn't any movement between uses
or or if changes occurred, it was a decrease, not a swapping or an increase. Um, I mentioned that the parking that you see here on the corner is included in a deviation to eliminate from the F
calculations. That is because that space is no longer for commercial pay parking, but is now private to support the hotel use. It is at the land development code multiplier for parking. There is no reduction which is allowed in every
other uh property within the downtown zoning district. and that is to ensure that the impact of the new hotel uses is addressed with those stackers. There will be valet service and the entry point aligns with the existing entry to the paved parking. So there's not a
change in configuration there. It's still going to be a direct access right off of Astero Boulevard as it is today. So So Tina, if you were to build by right, you could build up until up to where that railing starts and you would be be able to build by right there. And it's the railing that gives you that
additional ask. Is that am I trying I'm just trying to understand that correctly. From the perspective of height, yes, there is also enclosed space supporting the elevator, restrooms, and stairs to that sunset terrace. And then you'll see later in
the presentation, we did add services for the public uh because we felt that having additional opportunities for shade and service was appropriate because frankly if folks didn't want that, they could just go to Crescent Beach or Lyn Hall. Um but I can get into the details of that. It's just my very
last slide. Um so it's up to you if you want me to jump ahead. No, that's fine. Well, I'll wait. Well, just for clarification, you mentioned by right. I want to make sure that the record's clear. by right. If you were to eliminate, I think to the vice mayor's point, if you were to eliminate that top floor, if it was just the railing, you
still couldn't build that by right without asking for a deviation. Is that correct? I clarified that my comments were related to height. I did not answer the question related to uses, floor area ratio, and setbacks. That is correct. Okay. And I haven't gotten to those
details yet. We're jumping all over. You guys like to do that to me. It's okay. I think I'm keeping up this time. me on your toes, Gina. Um, so let me go back very quickly because we are jumping around. So ground floor we do have retail kiosks. We do
have uh public space. We do have the valley parking. The second floor we have the restaurant and 12 hotel rooms. Third floor is strictly hotel rooms. And then the rooftop fourth floor is the the sunset terrace and the service bar we were just talking about. So from a big picture overview, that's what we're
working with. Um, what we did on the ground floor from the perspective of kind of the building envelope and and setbacks and such is we tried to immediately pull the building off of Time Square. As you all know, prior to the storm, there were instances where um
retailers could lease space into the pedestrian plaza. There were instances where we had uh bikes chained up to palm trees and clocks and and light posts. So, we tried to provide bicycle parking to eliminate that. and we felt like pushing the building back would just ensure that that plaza remained free um
and could promote additional movement between pedestrians and cyclists. We um agree with the staff report in the sense that that 10-foot setback should be enhanced for shade or seating or something else and we would appreciate hearing what the priority is for that
improvement um and um working through that either in next steps or as part of the development order. And then the second floor, we've incorporated open air patios which allows us to further push the um enclosed facade off the pedestrian
plaza. Same thing with the third floor and that ensures that the building doesn't create a canyon effect or or um overshadow the pedestrian plaza. So go ahead. Just just just so I understand again, we see the yellow story that that
would be the limit as to what you could build by height. I'm sorry, by right with respect to height. Is that correct? Okay. Yes. And so it's it's that blue area. Is that a restroom up there? Is that what on the on that next floor? Yeah, it's actually the elevator shaft. So once the request came in to provide
public access, it needed to be ADA accept accessible and so the elevator had to go up that extra story. It has to be enclosed and that's what trips that fourth floor. And then on is that the 10- foot pedestrian walkway you're talking about on the bottom correct that you're seeing
closest on the further west westerly side of the building. Yes. And we tried to keep most of that architecture open so that you could still have light and the view of the golf and such through that ground floor. Um but for the retail we have to provide something or they don't they don't get those kiosks don't
get any kind of um I want to say safety but thank you protection. Thank you very much. I wanted to say safety, but that wasn't right. Um, so from a site plan perspective, uh, Mr. Mary, you were asking about that walkway. I've tried to
add the arrow with the line in here, identifying where that 10 ft is. Um, that is proposed to be placed under a perpetual access easement, ensuring that the public always has access from the pedestrian plaza to the sandy beach. we have added that ADA access from the
concrete of our foundational structure to the sandy beach um to improve that access point there. The other thing we added as I mentioned was that temporary restroom trailer which is kind of hiding behind the retail kiosks so it doesn't impede the view to the Gulf. We have um
the pedestrian benches and the refresh station still behind the retail kiosks but immediately adjacent to the pedestrian walkway. And the point is here is to provide a space for the public coming off of the beach, set their stuff down, get cleaned up, get organized, and then go out and either
get a bite to eat or go go back to their cars, whatever. Um the reason for this is in the previous condition, pedestrians were coming off of a walking straight through the commercial parking lot with no um specific safe access
point to the beach. And so we wanted to relocate that to a place where number one, we've agreed to use the same material and color pattern of the pedestrian plaza pa replacement. And then we've also agreed to put signage in so that pedestrians are directed to that
safe enclosed space and then the other amenities that are proposed for them under the building. Tina, would the restroom trailer be maintained by the applicant or would it be Yes. So that is why there's no I'll say donation to the town is so that it
is our responsibility to do maintenance and upkeep and the town can expend its funds at some other location. Okay. Um the other side of the structure is uh the private parking that we were talking about which does utilize car stackers.
So we can get 66 parking spaces and um it's valet only and the intent there is that the valet can a move the cars more efficiently but then also aid in directing traffic and addressing those uh pedestrian crossings that may occur into the
plaza. On the second floor we have um a restaurant with an open air patio that we've already talked about and 12 hotel rooms. What I'd like to point out here is we have included an option for a future pedestrian elevated pedestrian
walkway into that outdoor patio from the north. The reason that that's not included other than the possibility of is because it requires another property owner in Time Square to submit their application. We don't I know there's been kind of an unveiling, but I don't
know exactly the timing for that application. We have agreed to work with that property owner. We've also written into the development agreement that should there be alignment on that pedestrian walkover, it will be constructed without any expense to the town. And so that will start to create
that connection that was talked about in that University of Florida study where we're we've got the pedestrian plaza on the ground level and then we're also creating connectivity in that elevated uh walkway. Just to be clear, it's it's not to the Dairy Queen property. It would be to the to the Lola property.
Correct. Okay. Correct. Um the hotel rooms um do have a slightly uh decreased setback from the pedestrian plaza as well. Um and there are approximately 12 rooms on this second
floor. Before I flip the slide, are there any questions about the design here? Okay, so moving on to the third floor, we have um a floor entirely of hotel rooms, but the facade is again set back even further. It's 38t 7 in from the
pedestrian plaza. We do have open patios um so that there will be some interaction between the pedest ground floor pedestrian plaza and the units. This these hotel rooms do um establish a new commercial use for the property. So
I I want to be very clear, hotels did not exist previously. This is a new commercial use. The purpose is to truly implement that tourism center that is talked about in the Times Square District 2 in the comprehensive plan. It will support the businesses that are
proposed to come back as part of this proposal, but then also the other businesses that are going to redevelop within Time Square and also that are anticipated to occur at the Bayfront Pedestrian Plaza. Your comprehensive plan establishes that these two pedestrian plazas are effectively
bookends with old St. Carlos Boulevard serving as the main street in between. And so there is anticipated to be kind of this interaction um park once walk between these two businesses with not just residents but also tourists. And so
we feel that put putting the hotel rooms here in Times Square, which is not adjacent to a residential subdivision and won't have external impacts to residential units, is appropriate given these visioning statements. Um the 31
rooms that are proposed, it only slightly ticks the meter on the rooms that have not been reopened since Hurricane Ian. We've all seen the this chart that is published by the visitor and convention bureau for Lee County. I want to note that this
table is from April. I did not update it, excuse me, given the May data. It does include any room that any hotel or rooms that have been opened between Hurricane Ian and April 2nd. And it demonstrates that we're still down 50% from what we had previously on the
island. Now I as I mentioned during the LPA meeting I understand that additional rooms have been approved. It is appropriate to consider those rooms. Specifically myersside was approved as a CPD for 45 rooms. Neptune was approved
as a CPD for 148 rooms and the Pink Shell amended their approval to increase their room count by 40. So that's 230 approved rooms. The Arches development is under consideration and will come back to you. I believe it's June 2nd.
They are proposing 263 rooms. And then the lighthouse, which will come back June June 16th, I think I heard um proposed an additional 75 rooms. So that's 338 rooms proposed. Once a
decision is made, we'll know exact that exact number. combined that's f a potential for 571 rooms to be replaced on the island which is less than half of the number that remains unopened. So there is still you know um opportunity
for additional hotel rooms to be established on the island before you meet that prehurricane Ian threshold that was previously established. The other thing that we talked about during the LPA meeting was looking at the downtown core specifically. The comprehensive plan identifies the
pedestrian commercial future land use and the downtown core with which have almost the same boundary as the location where commercial should be placed specifically tourism supporting commercial which is hotels. While some
of the hotels that were um damaged have been replaced within the down downtown downtown core, there are many that were demolished that have not come back. Um there are at least 62 rooms that were destroyed that have not been built back. Some of them are subject to a special
exception for commercial parking now. So there's questions as to whether or not that hotel could rebuild under the buildback. and others are still evaluating what they can and can't do and are on the market for sale. So, the request for the 31 rooms again does not
realize the entire inventory of destroyed rooms on the island and also within the downtown core. The location of the 31 rooms does not conflict with residential neighborhoods like you've seen in some of the other proposals and it supports the recovery of the tourism
base for the Times Square businesses. One of the things that we heard in the LPA during um public comment was testimony that we have like three rounds of folks that come to the island. They come in the morning, they come in the afternoon, and they'll hang out on the beach, and then they leave. And every
once in a while, we get that third round for dinner. a hotel would boost that third round because they'll be here in the morning, they'll go to the beach in the afternoon, and they'll stay at night to support the other restaurants, retailers, and and event venues that occur in in this area. And then across
the beach. And so adding hotel rooms to this district is appropriate given the demand and and also the need. There's a demonstrated need to replace these units. It makes sense to do it in the most intense location in the town. Remember 1.8 FIR by right only exists
here. Tina, is it your testimony this afternoon then that the success of the restaurant is contingent upon the 31 hotel rooms with respect to customers? That is not my area of expertise. So I
I'm not going to use the word success. I will say that the hotel rooms will support the restaurant, but the combined uses will enable the the owner or whoever ends up constructing the building to offset
their financial expenditure given the construction practices that are necessary related to the flood plane. It appeared just watching the LPA meeting that the that the hotel rooms were the premise behind the hotel rooms was to further the success of the restaurant.
not necessarily create revenue for the overall project, but and that may be a side benefit, but the thrust of of what they were proposing was this this these rest these hotel rooms are critical to the success of the restaurant. And I just want to make sure that I I
understand your testimony correctly. So, what the hotel rooms do is they create that that third area of the tourism that is not presently existing or that may be occurring in Times Square and is faltering. And so yes, it does um
support the success, but I don't want to indicate that that's the only reason. Redevelopment of Times Square in general will also support the restaurant and the other businesses that are going to redevelop. But you're not saying then that the success of the restaurant is contingent upon the approval of the
hotel rooms. Uh then it is not my understanding that that is once constructed and open. It is not my understanding that the restaurant requires the hotel rooms. I think the combination of uses is necessary from a
financial perspective to make the building work and to have that perpetual um not perpetual, that's not the right word, to have the um the third base of patrons to make it viable. Does that
make sense? It just just a little bit of a different thrust than the LPA meeting, but I I appreciate the clarification. Um and then the other thing I would note is that um the rooms would be supported by yes the proposed restaurant on our site but then the other restaurants in
the area whether it's Time Square or Main Street or um across Astero Boulevard with the other um resorts that have been constructed. And then there we go. For our last um story, the fourth story, we
have the rooftop. We we talked about this a little bit earlier in the presentation. We added the sunset terrace through the staff negotiation process to expand the public benefits. As I mentioned, once we um increased the elevator to the fourth story to provide
that access, uh we added a fourth story. We looked at what other services would need to be necessary for the public to access that space and we had to push the stairs up to the roof. We had to improve the roof decking structure to handle the
weight of the public being on this space. And then we decided to add um bathrooms and a kitchen for a service bar because as I mentioned if the public did not want those types of services, they have two public parks that are available where they can bring their own
chairs um etc. that they can utilize. This space will provide open views of the Gulf. We have clustered the enclosed spaces of the elevator and the kitchen off towards that western boundary so that we're not reducing the view. And then uh the remainder of the rooftop is
for shielded mechanical equipment. So the public does not have access to the entire rooftop. There were some questions about public access previously. Um I will state here what I stated at the LPA. public is allowed to come up to the Sunset Terrace and not utilize the kitchen and not order
drinks. We understand that in order for it to be a benefit and to meet the intent of what was asked of the applicant, the public needs to be able to access this space without being required to make a purchase and we agree with that. Tina, yes. And I I just this is a
genuine inquiry here. So, is it your testimony that if the floor underneath the rooftop, which contains a predominance of hotel rooms, was to go away, that the restaurant with the rooftop bar would
not be financially viable? That is my understanding. Yes. And it's not viable because of the 31 rooms and the customers that they would put forth or the revenue that they would generate or what what's the testimony? My understanding is that to offset the cost of the construction and the compliance
with the federal regulations, the additional use is necessary to create a financially viable project. So, it's not it's not the customers from the 31 rooms that would support your restaurant that Mr. Collins is going to come to my rescue because I'm a planner, not an
economist. You just introduce yourself. My name is Michael Collins and I'm the interimm director of the school of resort and hospitality. I spent 25 years in the hotel business. Um mostly with Hyatt Hotels Corporation.
Um I've spent the last 20 years in higher education teaching hospitality business. I have a PhD in hospitality and I'm the author of a leading textbook used across the country on college campuses on hotel operations and investment. I think you testified at one
point before the council. I was about to say about two years ago I was before you and at that time I mentioned the hospitality industry was key and critical to the rebuilding of Fort Myers Beach. And the reason why is because there's a synergistic relationship
between hotel rooms and food and beverage operations. The money in the hotel I mean the money in the hospitality industry is actually in the hotel rooms. Think about it. You pay $500 a night for a hotel
room, right? Yeah. The only reason why I'm I'm puzzled at your at your comment is because at the LPA, the argument was made that we need the the 30 or the 40 rooms. We need the customers that they would generate in order to make the restaurant successful. Yeah, that's what I'm going to explain. It's it's
synergistic. Well, but they didn't reference the they didn't they didn't say the primary reason was the revenue from the hotels. They said that was the customers that potentially the hotel rooms would generate, right? Well, here's here's the bottom line. I get $500 a night for a hotel room. I have a h half hour of labor for a room
attendant to clean that room. That's my variable cost, plus some soap, supplies, cleaning, whatever. In the on the restaurant side, the margins are much thinner, right? Because you have a 58%
what we call prime cost. the cost of the food on the plate and the labor to prepare and serve that meal. You pay $40 for dinner, you're going to make less margin and less money on food and beverage. You could not build if you
take the hotel rooms out of this. You can't with a restaurant and bar operation, you can't generate enough cash flow and profit to give a return based upon the value of the land and the cost of constructing the restaurant and the and
the and the bar. So that so the hotel rooms make it all viable. I hear you. But here's here's here's where we get we just sitting here just get confused by that right philosophy in that you've got a potential proposal behind you that's
just a restaurant bar that doesn't have half the view that this particular location has but somehow they're going to make it from a financial viability standpoint without hotel rooms. That's what I'm just trying to understand. That seems like an odd Again, I don't know their I don't know the economics of
their specific development. Okay. Um, but there when I say there's a synergistic relationship, so let me tell you, hold on a second. I want I want go back to that comment you just said. You said you don't understand the economics of their proposal, but you just said that you can't build this economically
without having those hotel rooms. And then you mentioned land cost. Are you calculating if it's kind of conflicting to me, I understand what you're saying. Are you are you okay? Can I finish? Sure. Thanks. Are you basing your comments on if they were to buy the property at its value
today or what they bought the property for what they purchased it the past? That's what I don't know. That's why I said I don't know the economics of their of their plans. I don't know. I'm trying to understand how do they all take your testimony as the economics of a project if you don't know the numbers. What I'm
saying? No, if I if I can if I can I'm just trying I'm just trying to understand what the question the question was uh about a project that we have not reviewed. So we do not know the that's you're I haven't I haven't seen their project their talking about this
project. He's very well aware of this project but we I don't even know what parcel you're talking about. I I just you just just in the news you see the Lola I know it's not germanine to this argument but but it is a restaurant bar proposal that just recently came out that has a that that location is not as
ideal as this location and somehow they're at least they believe they're going to be economically viable without hotel rooms. I'm just trying to understand in a general sense the philosophy as to how this can't make it without hotel rooms when others purportedly can't. That's all I'm wrestling with. It depends upon the cost
of purchasing the land. and the cost of constructing the building, right? So, I don't know what they paid for the land and what investment level they're going to make to build their building. So, again, I will re reiterate what I said. If you
don't know those numbers, how can you testify that you can't build this project without those hotel rooms? Well, I can testify you can't build this project without this because I did a I did a financial projection. Now, first of all, I want you to know I haven't been paid a dime. I'm a college
professor, state university. I provide service to the community. So, I'm doing this as a as a public service. So, he he looked at this site. He told me he was looking to build this property. So, what I did is I did a
projection, a financial projection of how much cash flow you could generate with 31 hotel rooms and a restaurant in this location. I got market data from Fort Myers Beach and the surrounding area to put together a financial
proposal and then from that I can generate the projected cash flow. It depends on the return you want on your investment. Hotels are real estate investments. Typically an investor is looking for a cap rate capitalization
rate or certain return 8% 10% 12% 15% whatever it is. Okay, that determines how much you can afford to invest based upon the cash flow that's going to be generated from the operation. Okay, based upon my
analysis, and again, I don't know the exact cost of their building, but I know that you can support maybe 15 to 20 million of construction with the cash flow that this is going to that this is going to generate.
So again, that's what I'm looking at. I understand. Let me just ask you though, as an expert, this is an ideal location, you would argue, correct? Right. The view is probably one of the best in Southwest Florida. And if you serve excellent food and had excellent service, what your testimony
is today, you couldn't make it unless you had hotel rooms. No, this would not make it on a restaurant operation alone in this location. You also have to consider the fact that you're seasonal. You're going to make money certainly Thanksgiving to
Easter. We know that's the season. This as it stands now, they're going to have negative cash flow for July, August, September, October. They're going to be coming out of pocket to cover the debt service on this operation for a good
portion of the year. So again, I work in commercial markets like San Francisco and Chicago. a lot easier to make money because you got a year- round business. I've also worked Palm Springs, California, and Myrtle Beach, South Carolina, and Hilton Head Island. Seasonal, very, very, very challenging.
You need those hotel rooms to generate the cash flow to support the debt service on this facility. You're not going to get retail and restaurant and food and beverage operations. Can I just ask you a quick question? Not to be devil's advocate because you're obviously very conversant in all this,
but isn't the isn't the hotel also subject to the fluctuations of the season as well? Oh, yeah. Without without a doubt. But here's here's the difference and here's the beautiful thing and and I commend you for doing this with the Margaritavville, the new Freeland project that's that's going to
go in the lighthouse expansion, etc. You're creating a an area that will be able to create demand by hosting meetings, events, festivals, etc. that will bring people into and onto Fort
Meyers Beach in the off season. The way to make Fort Myers Beach stronger is by lengthening the season. And the challenge you have right now is you have that short season
and trust me, Margaritavville and Pink Shell and everybody else, they hold their breath through the fall. We all know August and September are the two slowest months of the year. So, because they have such an
investment, they're going to spend a lot of money and effort marketing to bring people here. You know, our summer market, as you well know, comes from Miami and Orlando and Tampa. People who want to get away from the urban areas and come to the real Florida and escape
the hustle and bustle of those urban areas, right? So, this brings in that traffic during the off season so that that restaurant can survive year round. My last calc my last question in your calculations, do you factor in
whether the restaurant is run well, has excellent food, excellent service? Is that factor in? Are you working under the the premise that it's going to have great food and great service? I I I was going to have a great view obviously. Right. Right. No, I totally work under
under that assumption. Okay. Again, um I I will say well, first of all, I should mention my son is a chef. um works in Palm Springs, California with Marriott Corporation. But anyway, and and my wife owned a restaurant for 20
years. Restaurant business is a tough business. You have 58% cost right off the top for the food on the plate, the beverage, and the glass, and the labor to prepare and serve the meal. It's a tough business. You need year round business to keep your
employees employed so you can continue to develop or deliver that quality Thank you. I'm gonna keep I guess I'm going to continue to push back because I'm having a hard time with your testimony when you're you're testifying to the economic viability of a project that's being proposed. Yet, you don't
have any of the numbers to present to us. You're making an assump Let me finish. You're making an assumption. You don't know what the cost of the property was to purchase it. You don't know what it's going to cost to build. You don't know what kind of food they're going to serve. You don't understand. You don't have what the furniture is going to cost. You don't know how many employees they're going to have. You don't know
any of that. But you're testifying that this project cannot succeed unless it's approved the way proposed. Excuse me. Sure. Well, can I let can he answer? I mean, he's the one that No, he can't because I think it's I think we're confusing things. When he said they I don't know what they paid for the
property. It's the Lola project he's talking about. He has no background in the Lola project. He has every answer to your questions about this property. Okay. So then let me let me phrase the question to you this. Do you have the numbers of what he paid for the property when he purchased it? Do you know when he purchased it? Let me explain. Do you
know how many employees he's going to have? Yeah. Do you know what the cost of the construction is? I I I can I can I can explain what I what I project is the cash flow that'll come from the operation. So, how are you making those projections without any numbers? Uh, no. I have all the numbers. I'll show you a
spreadsheet. I actually forecasted 365 days in a year by day based on this property. What I did is I took I have access to Co-Star data. Okay. Co-star owns STR. They provide benchmark data for the hotel industry. I projected that
hotel will run just shy of 70% about 68% occupancy on an annual basis. It will run a $337 average hotel room rate on an annual basis. Much higher than that. Rev or ADR? I'm sorry. Revpar or ADR? I'm
talking ADR. Okay. So you take the ADR times the rev the you'll get the the red part. Okay. So a 337 million I mean $337 average rate just shy of 70% occupancy. Okay
that would be just shy of $3 million in room revenue. I then calculated breakfast lunch and dinner. how many covers it would do based upon industry averages plus the size of the restaurant. It'll do another three to
four million in food and beverage revenue for a total of about $7 million a year in revenue. Okay. What is it generate about 40% of that will be cash flow. What is their what is their return on investment? What are they looking for in comparison to the numbers you just
laid out? I don't know. And from what I heard, they were going to spend about $30 million on construction. And quite frankly, I didn't allow for any cost of the land because I understand that he already owns the land. Okay. Well, again, I I there's a lot of
unanswered questions in your testimony, my opinion, that relate to the project that we're looking at. There's a lot of hypotheticals that you you've thrown out there, and I not challenging your your I'm not challenging your expertise. I'm just I I am more than happy, but I don't think it's specific to this project. So, for you to testify to me, okay, about
this project and whether or not the approval or non-approval should go forward based on having no data for this property is very difficult for me to follow. Sir, I I am more than happy to give you an Excel spreadsheet that has every I have literally occupancy day by
day, average rate day by day for 365 days. I have the number of breakfast breakfast meals served, lunch meals served, dinner meals served, etc. Based upon based
upon a study of similar hotels across the country in seasonal markets. Again, 45 years in the hotel business. Again, I'm not challenging I'm not Do you know if they're serving breakfast at this location? They're going to serve breakfast because they have hotel rooms
and about 56% of guests will eat breakfast in the restaurant. You're Did they tell you that? No. I know that from from knowing the industry. 56% of guests will eat breakfast. You keep referring to the industry and I understand that your expertise is in the industry, but
what is your expertise on this specific project as it relates to your testimony? Again, statistical analysis, statistical analysis is extremely accurate. Okay. I have a PhD in quantitative psychology, quantifying human behavior, and we run
all of our numbers based a couple hundred dollars in the offse. Um, no one's questioning that, Scott. I'm not questioning that. I'm questioning how does that relate into what the building costs, the food cost, the construction cost, the operating cost. How does that number relate? You probably based upon
the food cost. So, you're going to make the margin on the numbers. You run about a 30 to 32% food cost. Okay? You run about a 15% labor cost. Okay. Thank you. So, because I just project cash flow, then it's up to them.
It's up to the owner. Is that cash flow going to support the construction and the and the value I tied to the to the real estate? But is that okay? So then just for the record, under your expert testimony, you you testified you don't know what
the cost of construction is. You don't know what he paid for the land. So how can you project that this can't be a viable project if you don't know those numbers? I you still haven't answered that for me. The reason is because it doesn't generate enough cash flow to
make a return on a over a 3040 million investment. I know he mentioned to me that he was expecting to spend about $30 million to build the building. And so this will support this this would not support a
$30 million investment without that $337 average rate. That's 70% occupancy and all that $3 million in hotel room revenue. Okay, does that make sense? Thank you for your Thank you for your testing. Thank you.
Um, I appreciate where the council's going with it and the financial economics I know is important to you as stewards of the community. Um, in this zoning in this development agreement um, proposal that we have um, we're going development agreement for a reason.
We're providing more data, more analysis, more plans than you've ever seen. um the Lighthouse restaurant just came in here with their uh resoning application and we saw the the pictures of buildings. Well, we've actually shown you the size of the rooms. We've shown
you the size of everything, but the financial data having to do with it. I think we have to assume for this development agreement that the applicant has the financial wherewithal to do this project. And um if it's okay with the council, I'd like Tina to finish up the
specifics of it and how the development agreement works and what our commitments are to the city, to the town um from this applicant and the uh the public benefit. Councelor, that's fair. I I just I just wanted you to and I don't know if you were here at the LPA hearing or not. I I have a a recollection of the
conversation that was said and I don't think that the answering of the questions was actually I don't think they understood what was being asked and didn't interpret it the way you're interpreting it. I I understand exactly that's where I that's where I got confused because I at the LP hearing I was led to believe that the primary
purpose of the hotel was to have some additional customers for the restaurant to make it economically viable. Right. And I I understand how you got that from the conversation. The key for us here is and what we'd like to impart to you all is this is a mixedtouse project. This is retail. This
is restaurant and this is hotel. Heck, they could do a hotel by right here. The downtown zoning district gives them hotel by right. There's no development agreement necessary, no anything necessary. We just come in here with a different proposal. And how many rooms would they get by right? I don't know.
But the idea that this is a mixeduse development that meets or exceeds the the codes and the and the and the plan, I think that's the that's what we're hoping to to look at. And that's why I say I hope to go through this development agreement with you and see what uh the group the ownership group is
proposing as as assets because we've got to start the redevelopment of Times Square somewhere. And um it's uh this sure looks like a a great first step to me, but uh if it's a if it's a rule of the council, we'd like to finish. Come on.
Tina's used to us jumping all over. I wouldn't call that jumping. I've had worse. Um I'm going to be honest. I I don't remember where I was in the whole rooftop conversation. So I'm going to ask if y'all have any questions about the proposal. And if
not, I'll move on to height. I do have one question because I didn't realize I thought it was just going to be a rooftop bar, but then you mentioned that there's also a kitchen. So, we'll be there will be the ability to eat up there as well. Correct. As as the whole
restaurant as well. Correct. Okay. So, so the floor up there, Tina, one is obviously to deal with the elevator situation. Is there restrooms up there and a kitchen? Yes. And that's the extent there's no hotel rooms on that floor? No. Okay.
Um, so we know height was a very big topic of conversation at the LPA. It's been a big topic of conversation throughout the submittal of the proposal. What is before you today has, as I mentioned, has been reduced by a story. So the main structure, the the
retail, the restaurant, the hotel rooms is within the by right height restriction. So the three stories is 28T 8 in above flood. The downtown zoning district permits 30 feet above flood and three stories. So, we've met that. I
would remind you that the code counts the ground floor as a story. So, the main structure that we included in our initial submitt is within the byite height requirements of the downtown district. The deviation request to increase the building height is to allow
the elevator, stairs, kitchen, and bathroom to occur related to that sunset terrace. So what is before you today related to that deviation is do you agree that the improvements related to the sunset terrace are appropriate and
if so they would necessitate an increase in the building height to 38t 8 in above flood. So that's an additional 8t 8 in above the byite requirement. Um, you know, when you consider whether
or not that's appropriate, I would offer to you the same thing that I offered to the LPA, which is that the downtown height scheme has been changing uh prior to Hurricane Ian, and it is definitely changing after Hurricane Ian with the proposals coming before you. So what we
have on this slide is the land development code requirements of 30 feet and three stories north of a sterile boulevard in the more traditional blue and the 40 feet three stories south of a sterile boulevard in kind of the aqua
color. And then in the gray we have specific commercial plan developments that are greater than 30 ft. Um, ex I will note the Manis Inn has a two-story limitation and in looking at the record, I believe that's because of its
adjacency to residential across the canal and then to the south on Crescent Street. But the other uh commercial plan developments have a height that exceeds 30 feet and then as you know the Arches is coming forward at a maximum of 81 feet. So the dynamic within the downtown
core is changing when it comes to height, not just by the text amendments that were done to the land development code, but also by these plan development approvals and specific deviations. And so I would offer that to you when you consider the sunset terrace and whether
or not it's appropriate that there is some changing conditions in the area that would make this consistent with those other proposals. And then the other thing I was asked at the LPA is well what's the frame of reference? And so I would note that the two plan developments closest to us range in uh
currently approved. Uh the lighthouse is at 37 ft. They as you know from your hearing today have requested one building to be 40 ft related to the adjacency to the bridge. And then the CPD at the intersection of Asterero and
Crescent has an approved 38 feet and 10 inches. Um, so our structure is consistent with that. It's it's if you decide to approve the sunset terrace today, um in in your height calculations and and you talk about the trends for
heights in the downtown area, do you do you believe that your application is somewhat unique because of your unique location in terms of impacting the view coming over the bridge or do you think that's not gerine? That's my next slide. Okay. So, we did update the rendering.
Um, and what you see at the top is the structure where we've we've taken that floor out. So, we've got the four stories being the rooftop deck. You can see the gulf over the building. Um, and then to the I believe it's eastern side as you
look at it to your left side. Um, and then the bridge perspective on the lower image is as you're at the bottom of the bridge, you can see actually the remaining buildings in Time Square in front in the pink and and Norm's um
remaining elevator um in front of our structure there. So, the redevelopment that we were talking about earlier, if that gets approved, will actually screen our portion of the building. And then you can see the Gulf of Mexico again uh as you look at it, it's to your left, um which Crescent Beach Beach Park. So, do
we have a unique location? Um, I would say yes, but I would say that the architectural features of that fourth story ensure that you can still see the Gulf. Um, as I mentioned, we have clustered the elevators and stairs and bathrooms and kitchen to have the
minimal impact on the view. Um, and then again reducing the height of that structure. You can still see the Gulf over the top. So I think that we've um maintained consistency with the comp plan as it talks about that view over the Gulf. Our maximum height with the extra story is consistent with other
approvals in the area that are included in this rendering. Um and again it's it's up to the council whether that fourth story is appropriate. Your comprehensive plan does allow for building height to be uh different um
via a deviation in policy 4C4. Um, we've talked about this at length. Um, first and foremost, it's important to note that different heights may be applied to redevelopment areas such as Times Square. That is this property. Um, the land development code already has a
different height than as listed in the comprehensive plan of the two stories. It allows three. And then, um, should an applicant request a deviation, council is, um, encouraged to give particular attention to permanent view corridors.
and then balancing the public benefits of the height limit against other benefits that result from the specific proposal. Um, we talked about the architecture maintaining some view of the Gulf. I am not in any way suggesting that is a permanent view corridor. That
is not my testimony today. Um, but there are public benefits that are associated with the project. I will get to those on the very next slide because I also want to note that your comprehensive plan does support new and expanded commercial activity particularly within the
pedestrian commercial future land use which this property is within. Um, specifically the activity is supposed to contribute to the pedestrianoriented realm, which we do by virtue of the fact that we front the pedestrian plaza, but then the improvements that we talked
about related to the public pathway, the seating, providing the retail kiosks that front the plaza to create the interaction along with the open air patios. Um, the any request for commercial should protect residential neighborhoods from intrusive commercial
activity. This proposal does not impact any neighborhoods. There is no residential in the immediate area unlike some of the other proposals that have come before you recently. Um I talked about encouraging more intense commercial within the pedestrian commercial future land use. That is the
most intensive future land use district within the town. And then the time square district is the most intense by commercial district as well. And then policy 4C3 um suggests that um shopping and
services for residents and overnight guests are encouraged to be prioritized over day visitors. And then shopping and services that contribute to the pedestrian realm are preferred over primarily vehicular access. And neighborhood context is a priority and the reduction of conflicts with
residential neighborhoods. These are all from policy 4C3 that this proposal does meet. We've talked about the restaurant and the hotel rooms um supporting overnight guests. We've talked about the existing vehicular entry um and the parking being reduced from commercial
for those day visitors to the um uses proposed in this application. And then again there is no immediate residential adjacent to the property. Tina, I'll ask you Mr. Madden couldn't answer the question. Maybe you can. The hotel units, what could they build there, but you mentioned that they could build
hotel units by right? How many could they build by right? Um so in the application materials I ran the calculations and it was nine by right and so the multiplier before you today is 9.7. Okay. Thank you. And then when it comes to public benefits there are benefits for the public and then there
are benefits related to the redevelopment of the property. Um so as a result of it not being vacant. Um I've tried to list them all on this slide. I am not going to beat a dead horse. We've talked about quite a few of them already. I will provide some additional details uh related to the true public
benefits on the ground floor and then other things that have been written into the development agreement in response to questions. So, we have the public walkway. We've improved the ADA access. Uh we're providing the the MOI mat to get
um mobility limited pedestrians to the sandy beach. We have the refresh station with the footwash and the water fountain. We have the public bathroom trailer. We have the public bicycle parking. All of these things are on the ground floor. They're all clustered in a location that a shields it from the
pedestrian plaza but provides access to the public. Um the pathway will be placed into an easement to ensure permanent accessibility. We talked about the sunset terrace being publicly accessible and providing those golf views. I touched on the fact that we have
committed to aiding the redevelopment of the pavers and the pedestrian plaza in our coordinations with town staff. We understand that that's an important project to the town. We are happy to pay our proportionate fair share for that. At this time, it is unclear exactly the
cost of that. The town had indicated that they wanted to be responsible for working through that proposal, identifying the material, etc. And so once that is done, we are happy to contribute our portion. Um to address that in the development agreement, we
indicated that we would provide our funds prior to certificate of occupancy. So that would ensure that those come in before any of the uses can open. I talked about the pedestrian walkover being a future improvement. Unfortunately, it is dependent on other
properties within the area. Um but it is not an expense to the town as written into the development agreement. We've increased the building setbacks to eliminate encroachments into the pedestrian plaza. We've provided ground flooror retail to promote interaction with the pedestrian plaza, but then also
provide an opportunity for small businesses to come back to Time Square. The valet parking exceeds the downtown requirements um and takes a previously commercial use and makes it private and a supportive accessory use to the hotel
and restaurant. Uh we did write expiration thresholds into the development agreement. So we are required to secure a development order within 90 days of the execution of the development agreement. We are required to secure a building permit within one
year um of the development order. Construction is required to be complete within two years. And then while we can request an extension, we have to come back to this town council with a justification for that extension to be approved. So that would be within your
perview as to why and how long. Um I understand there have been some questions about well how do we make sure this goes forward? I believe um some financing options were thrown out. We're happy to hear from the council as to what they would like to see. Quite frankly, the feedback we got was not
aligned and so we waited until this proceeding to hear from you all as to what you wanted on that. Um, I got a question on the timeline. Have has the applicant started at all talking to FD, Swift mud, any those kind of things as
to what if this were approved as as proposed? What the time frame? And the reason I'm asking is because as we all know on a barrier island, getting approvals from outside agencies other than the town can take years.
So although I appreciate deadlines, how substantive are they when it comes to having to continually come back and ask for um extensions on, you know, benchmarks are great, but you know, if you've got to come back for every single one and ask
for an extension because the time it takes another agency to do something that wasn't factored in, what are you really gaining? Um so first with the water management district uh due to the fact that we're 0.5 acres they would not
be involved. It would be a town related review so it would be incorporated into the development order. As far as FD is concerned we've already opened uh conversations with them and it's my understanding that that application process is not a hurdle given that the 0.5 acres that are subject to the
agreement have been previously developed and does not impact the sandy beach. Um, you know, you all have your own utility service that would be included with the development order. The development agreement identifies that any improvements related to utilities are at our costs, but that evaluation would be
done with that application. And so, we aren't anticipating that a request like that would be needed, but obviously if there's some sort of hangup, we're going to come back to you and be honest with what that is and why. But we have done our own evaluation and we don't anticipate that being a problem. Okay.
So, that agreement expiration, is that as tight as a um completion order or is it just like it? Not familiar with the term completion order. Sometimes towns uh I think we we did that with Margaritavville, but uh
you know, they had to finish the project in x amount of years or um so let me look because it is a completion timeline as it's written. So, give me just a second to pull the development agreement. We've we've done completion orders in the past here.
Yeah. Hang on a second, Nancy. Is that true? I don't know if you've done them here in Fort Meer speech. There was one in Margaritavville. Okay. Would you guys be willing to do that on this project? I think it's written that way to be
honest. Um, give me just a second. But again, I'll I'll reiterate what I said before. What happens with a completion? What happens if it's not completed? They tear it down. What does that what does that mean? That was where we were looking for feedback because we got conflicting input as to what the
town would desire on that front. Um, so the statement was construction activities must be completed within two years of building permit issuance. If it needs to be stronger than that, we're happy to consider, but that's how it's written right now. Okay. If that's tight enough during your
construction must begin must be completed within two years of building permit issue. What happens a lot a lot of times people run out of money or you know something happens and you're looking at it it's like you get up go down to Gualahar and you see a half
built building. So that's kind of kind of what the idea behind that is is that they're they're committing to getting this project done. Okay. So, you would be looking for language to really tighten it up. No, no. I'm I'm asking is that language
tight enough? That that is the that is the intent of the language. Okay. The intent of the language of the applicant is that it be completed construction activity completed two years from building permit issuance. Okay. And what is the intent if it isn't? They have to come. I think
you Yeah, I think that's my point. Yeah, it's either that or the extreme where where it comes down. But, uh, it's nobody's intending that it come down. He's he's as committed to, uh, redeveloping this place as you guys are. So, okay. That's that's the And it's aggressive timing because I think we
just heard the lighthouse is at three years and you asked them to maybe shorten it to two years. Here's somebody stepping up and saying two years. So, that that was one of the incentives to help jump start. I'm sorry I sidetracked you. Oh, that's
fine. I was done. So, I'm happy to take questions. I'm happy to sit down and and you can let the public speak. It's up to your per I just have one question. I don't know if you know the answer, but they made the comment
that the project is looking at 30 million to rebuild. Um, what would it be if you did it, and I'm just asking the question, if you did it without any hotels that cut a level
off and you had basically restaurant and rooftop rooftop? I don't think we know that. No one's coming to my rescue. I don't think we know that. I definitely don't know that. Well, I I I think it's been made very clear that
we don't have any numbers for anything. So, it's kind of hard for you to stand up there and feel these questions when you don't have any numbers to be able to go back on. And it's it's a difficult thing. That's, you know, this isn't a a CPD. This isn't something that they've already drawn out
and they have true hard construction costs. So, I don't know that unless you want one of your team to try to answer a question, I don't know how you're going to. I think we stand by the we don't know. Okay, John, you have any questions for Tina?
Nothing currently. Uh, vice mayor right now. Um, thank you. Well, I got I have a question. I'm just these timelines are very aggressive. I think as Mr. Madden had said, how how many projects like like
this has the applicant done in the past to be able to commit to such a tight time frame? I'm just looking for for past experiences to be able to commit to something that we've all agreed is very aggressive. I don't have that information. I will tell you that the applicant has a civil engineer, an
architect, and a structural engineer already working towards the endgame um as it relates to submitting a development order and a building permit. That's that's all I can share with you. Okay. Thanks, Dina. Um Mr. Utley, can you come up for a
second? And I want to ask you a question because it was asked I was here for the LPI sat through the the whole thing. Yes sir. It was asked I think it was by Mr. Dunlap as far as you know with the development agreement I believe the way he asked and I don't want to speak for him. I don't know what word for word basically he asked is it staff this
really doesn't give a recommendation for approval or denial and I believe he asked it in a way that is it fair to say that the staff has taken this negotiation as far as they can to this point and therefore that's why it's now in front of the town council. My understanding, obviously, you know,
I'm new, but but my understanding is that um the the development agreement was being pursued as opposed to the CPD because of the geographic location in the the
downtown area and the there are those five deviations that are being requested that um staff had negotiated with um with the
applicant and uh staff was leaving this up to the to the council to deci decide the level of public benefit uh that would be derived from the proposal. Um staff does
recognize that this is a redevelopment parcel. It's two small parcels. It's there are inherent challenges with with redevelopment of parcels. Um staff recognizes that the downtown area needs
redevelopment, needs to be kickstarted and we need to have this rebuilding occur for the uh economic viability, the tax base, the promotion of tourism. But some of these questions I don't think that that the technical staff can
answer. It's more the vision of the community that that the council has to decide is this is this the appropriate placement for for the proposed use. Basically what I'm asking is what he asked. So this is not necessarily a recommendation of approval or denial.
This is just that this is where the negotiations are at this point. Yes. And um this is just the first reading. So if there are discussions that was what my understanding is that's the the applicant was proposing with the LPA that they were open to continued
discussions. they did make revisions to the proposed plan bringing that back to to you guys for the first reading and then if there are additional I don't want to speak for you Tina or for the applicant but my understanding is if there are additional u provisions
additional modifications that need to be incorporated into the development agreement that they are open to that. Thank you. Any other just go ahead uh Jason just you you I just want to make sure I understood you correctly. Are you saying that because it's in the downtown districts, a development agreement is
preferable over a CPD? Did Did I hear you say that? The I think the downtown district promotes the most intense development, the highest density uh in for the town. And I think that there is some
optionality that that the applicant can take advantage of through a development agreement that they might not be able to with the the CPD. Is that that is the thought process? Can you give a couple examples, Jason? Just I'd prefer that I mean they they're the ones submitting.
If you don't mind, I'd prefer that they address that as to why they chose to the the staff. We just we just evaluate the applications that come in. But as far as the determination as to what vehicle that the applicant chooses to try to
obtain their entitlements, that's really a that's their decision. No, I appreciate that. I just you had said just sort of rhetorically that that that that the development agreement gives them optionality that a CPD wouldn't in the downtown district. I'm just curious in general as we're all trying to better
understand the the the pros and cons of development agreement in your opinion. What would the benefit of a development agreement over a CPD in a downtown district be? Just you're saying more flexibility, optionality. Is that what you're saying? I don't want to put words in your mouth. Well, I I just think for
for this area where you've got the Yeah. if you want to come up and help me. U you you've been here for longer than I have, but I but I I just think because of the welcome, Jason. Thank you. I'm getting I'm getting the life raft here. Um but but I just I think
with this being sort of the CBD or central business district or the the area of greatest intensity, the the the the highest order of magnitude of type of development, you know, from my understanding, you know, in the in the comp plan and the land development
codes, if if you're going to to build something of the highest order intensity, this is the area where it's going to occur, you know, um in the town. And so as far as the specifics, yeah, maybe Judith can help me on that. So just when the u the application first
came in, we did have some disc just to give you a little bit of insight, we did have some discussions um with the applicant about whether the development agreement was the right vehicle or whether a CPD might um be better. They could have gone either route. Um they
preferred the development agreement. Um it does have a little bit um more flexibility is not the right word, but in discussing like the the timeline, for example, that's something that typically wouldn't be in a CPD that's a straight resoning because
you're negotiating specifically for the project with the owner. They can provide you with more detail than you would have in a resoning. Um so the the timeline um which the applicant was pretty insistent upon from the beginning about having a
tight timeline there. Um the profering of the the cost of the pavers in front of it. Um that's something that we could you know discuss and negotiate as part of a development agreement that staff wouldn't necessarily negotiate in a CPD that's just a street reszoning. So
they're a little bit different to the first part of your question about the negotiation. I hesitate for what we're doing at the planning level is not really necessarily a negotiation. What we do with any applicant is discuss what the possibilities are. We make
suggestions, recommendations based on what else we've seen. Um and that's was part of the process. Certainly there were series of of meetings with the applica applicant with Sarah, the town attorney, myself. Um and then once we had a framework then with the community
development director as well. So that's how we got to this point. But again my my question was I thought very simple. It's just this is not a recommendation of denial or approval from the staff. Correct. Because that's all I wanted. That's what the resolution doesn't call for us to make recommendations. Right.
That's all I wanted to There is a recommendation however at the time prior to the adoption that's given by town manager the proposal. Yeah. Okay. Well, I just was reiterating the question that was asked at the LPA level. Okay. Just to
make sure it was on this record as well. All right. Any other questions for these guys before we go to public comment? I've got some questions for staff. Yeah. Okay. Um which staff member? whoever wants to. Um, the emails I've got against this
all uh are anti a hotel in Times Square. What does uh the comp plan or the LDC say about hotel rooms in Times Square? My understanding is that they are allowable in Times Square. Hotel rooms
are permissible. Yeah. So the comp plan calls for a variety of commercial uses in the area including hotel. It's a permissible use. I don't know if that's on. It is. Is it? Just not close enough. Okay. Yeah. A hotel is a permissible use
in the I mean we're talking about the comp plan. We're talking about the future land use um which is the pedestrian commercial. So it calls for a variety of commercial uses including hotel motel. Okay. Thank you.
Um I heard in the presentation that u staff had asked for the the sunset terrace I guess I'll call it uh to be open to the public. Is that correct or Yes. Yeah. So, we initially I mean the
first iteration just that they showed us didn't have anything on the rooftop and we kind of felt that that was a missed opportunity right there on the beach not to have that kind of um uh public private space um to be able to use the
rooftop. I sorry to interrupt but the the um I did want to clarify when we're talking about height um we were talking about what would be allowed height by right versus what they're proposing. Um
uh you can have open um uh open air roof deck. It's the part that's covered that then becomes part of that height. So you could have an it wouldn't be practical, but you could have an open deck with They had no kitchen and no um bathroom,
just an open deck and that wouldn't necessarily count towards the height. You are allowed to have like an elevator overrun that's maximum 250 square feet. So you the code does allow within that 30- foot height some additional rooftop things, but because they're adding that
um the kitchen and the bathroom to really make it functional as a restaurant, then they have to include it in the height. But the just a rooftop with no roof and no walls um providing access alone does not necessarily take them over the height limit. It's the
roofed enclosed space that we're counting. Thank you. That's it for me for right now. Do you have any questions while Jason's up there? Scott Okay. Thanks. All right. I'll now open up to public comment. Are there any members of the
public who wish to comment on this matter? If so, please come forward to the podium and identify yourself, provide your address, and whether you were sworn in. Come on up. Good afternoon, everybody. My name is Eric Jacqu. I live on this island. My address is 7920 Buccaneer Drive, Fort
Myers Beach, 33931. Good afternoon. Okay. Have you been sworn in? Have you been sworn in? Uh by the L? Yes. Not here. No. Okay. We're going to have you a good sworn in real. All right. If you raise your right hand, do you swear or affirm that the testimony that you're about to give is the truth, the whole
truth, and nothing but the truth? Yes. Okay. Get real close to the mic so everybody can hear you. Okay. Thank you. So, I just want to say first of all that I'm a very lay person. So, I don't have numbers, but um anything else that I can provide you is my own uh personal uh
observation. I work at the uh uh Times Square area and I do have contact with a lot of visitors. As a matter of fact, most of my contacts are the visitors of Fort Myers Beach. So my uh testimonial is based on my own personal experience about what they say when they come to
visit Fort Myers Beach, especially um the Times Square area. And I can say that there are um different type of people that visiting us, but there is kind of like a a group of people that never been here before. They don't even know that there was a hurricane. So when
they come and they ask us or or whoever is available to answer their questions that what's going on, where is nothing is here? What is all these mess? What is the sand? It's like they just don't don't even have a concept of there is something is was destroyed. They just
want to have something there. So they come, they look, they spend some times, they maybe go to the beach, come back, and then they leave because um they just don't know what else to do here. Like it's a big big void for them to see the
the way it looks, the time square. Um the other group of people that I can um identify is people who've been coming here. They don't live here. They're visitors, but they are coming year after year after year like 10 years, 15 years, 20 years. they bring their kids like
they have memories and they have um attachment for this area and then when they come and look uh time square they just like um it's not even disappointment they're just like so sad like they have this big void that is like it's it's they know there was a hurricane they've been here right after
that and then they still say that there is like still like that it's and they want to come here and then when I ask them like okay so where you stayed before and they tell me the places around time square that there were other establishments they are not no longer there. Um they also um coming from um
Kate Coral or in the downtown area of Fort Myers and then they just commute come back and forth. So um there's other other group of people that they just um devastated I would say and then there's other group that people actually who
lived here before or um they're just emotionally very um they just they don't don't want anything to change. they just want to um want it as it was before and that's just never going to happen. So, in my personal
opinion, maybe if there is a development, they can maybe start to like something more again or grow into something new and accept that it's going to be nice and we'll have new memories. But I just I just believe that we should rebuild and allow people to come and
stay and spend time and and enjoy and maybe something spectacular that like they come to see the pier which is not here anymore, but maybe some more buildings that are pretty or I don't know. I'm just thinking that we should have something nice and public use for
everybody because it's it's just so sad that Sorry, was too long. No, you're fine. Thank Thank you. Are you done? Yeah. Okay. Thank you. Good afternoon. Good afternoon. You need sworn into. Do you swear or affirm that
the testimony you're about to provide will be the truth, the whole truth, and nothing but the truth? Okay. My name is Natalie Stland. You can pull the mic down a little bit, Natalie. There you go.
Hello everybody. My name is Natalie Stikland. Um I'm a glass artist and owner of 3 esargo currently operating at 1028 ER Boulevard. I've been in Time Square for over 20 years. Um I come before uh you
today in support of this project and thank you for the opportunity to speak. Time Square is a a very special place to me and to many people as well. Over the years, I've seen many beautiful sunrises and sunsets. I've met many wonderful people. I have many returned customers
who bring their children along, and I've seen them grow up year after year, less so now. The Gulf side is barren and desolate. The pier is gone. There's not much reason to come there these days, aside from music from Ma and a handful
of other vendors such as myself. This project I believe will breathe new life into the square where it is very much needed. Another step towards making it a vibrant and thriving place once more. Thank you for your time. Thank you.
Anyone else? [Music] Hi Barry Frank, resident and uh lift that up there. Okay. And not not real good with the microphone. However, I am an expert at anything my wife
wants. So, I get sworn in for that for sure. Anyway, I really think that um if uh we're going to vote today, um it's really uh an important vote for progress
and and uh redevelopment here. Um, nothing's happened for three years. Um, I've been out there with Erica, who spoke earlier, um, for the last two and a half years talking to people and it's
it's time to get something going. Um, there has to be some kind of compromise. I'm fairly disappointed in um and maybe don't understand completely because I was a developer for 40 years not around
here but in other states and other parts of the country. um we need to um try to negotiate or or or talk about what's necessary. And I
don't understand that um we would want a developer of any kind or any size to downgrade what they're doing when they're trying to enhance or improve what what's going on. there has
to be a profit made, but everybody is criticizing this particular developer uh for being greedy when um he's willing to spend an $30 million to help the island and get it going. He's willing to
do it as fast as he can. Um I just don't understand why um there just seems to be so much resistance. And this isn't what I plan to say, but that's it. I can say this that as a developer, a former
developer, um I only wish this project was mine. I really like it. Thank you. Thank you, Barry. Yeah. Anyone else, Tom? Tom Torerson
uh in a business neighbor to um Terry's project in this uh immediate downtown area. Um I oppose the development as it's currently presented as it's been a
amendment uh post LPA and really for um a basic but yet uh critical reason and that is height and stories. You know I fully support in this district the people's rights to to
develop and and develop to the height and stories that that they're allowed. Um, and you're seeing it. You're seeing people come out um um in in recent times after they've been able to get their lives in order and their business
um in order and and their plans in order. And they're coming out and in this district, they're coming out and they're proposing projects, restaurant only projects that um are within the the rights that that they have to to develop down there.
And I mean, you you look at it, you know, you got killions, you got the whale, you got the cottage, you got Salty Crab, you got La Hola, you know, they're just coming out at you in droves right now. And every single one of them is is doing it within their height and
stories that that that they're allowed. Um we, you know, with our project, um we transferred our density and height off of um the seawward side of of Astero Boulevard just for the reason of keeping
the Gulf views and keeping the interaction with the view corridor um at pedestrian grade um halfway down the the um the bridge um when you arrive down at the base of the bridge onto the island. And we gave up tremendous lands on
Crescent Street, Fifth Street, um Sterile Boulevard, and new, you know, several areas. You know, we donated lands to the jurisdictions um to provide public benefit. Now, this project comes forth and and they're asking for something that nobody else in the
district is asking for in their redevelopment and they're ask they're offering up um public benefits that that are really in in my opinion insignificant, kind of disingenuous to to the process to even suggest some of
these things that uh you know, a moi mat or a bike rack or a pedestrian access that serves customers. um that serves their customers as public benefit that in exchange to to grant to go higher than everybody else um in this
particular area. And so that that is really why I I oppose it um to you know allow this development higher and more stories than they're right with minimal or almost no public benefits. Some of the benefits I think
could be described as as public detriments. I I just think as the wrong precedence to set and it does set a precedence. When your public benefits are insignificant, but you give somebody something more in addition to what their right is, it does set a a a public or a
precedence that is easy to be replicated. Thank you. Thanks, Tom. Anyone else? Come on up. Okay. She's getting the hang of it if you're good. That's right. I can almost recite it by heart now. And do you swear or
affirm that the testimony you're about to give is the truth, the whole truth, and nothing but the truth? I do. All right. Okay. Many of you have seen me hear it. Hold that mic down for us just a little bit and identify yourself for the short people. Okay. and give your name. I'm Kathleen Borman, South End.
Um, many of you have seen me at many of these meetings around town LPA. I sit in the back and I stay quiet and I listen. Um, but I just felt compelled to say something because I think this is probably the most important decision
that is coming before all of the boards at this particular time. I've been here for about oh 15 years or so. And what brought me here is the same thing that brought all of you here. The view coming over the Matanza's Bridge. And right now, the view of hope
for us is Norm's Tower that is just a beacon in the redevelopment of Time Square. I certainly don't feel we can ever go back to what we had before Ian came. We need development. We particularly need to develop Time
Square. I remember it. I remember the Sunset Tropical Grill, which was a wonderful restaurant. We've all been there, too. Great food, great happy hour, great views, great music. And for the life of me, I don't understand why
it needs to be built higher and include the hotels that it never had before. As everybody has said, and I could not agree with Tom Torus more than what he said, we're coming back. The restaurants are coming back, the hotels are coming
back, and people are trying very hard to rebuild what they had before all of this happened to all of us. So, I think what I would do is just politely request that the restaurant portion of it is fine. It
was there before. It did well. But I really hate to see everything on the island that we all love become so high and so much bigger when it maybe doesn't need to. We do need restaurants for sure. People need to eat. I'm from the
South End. I know that better than anybody that we need places to eat there. You can't eat past Publix unless you want to go to 7-Eleven and get a hot dog. I mean, that's it. So, I just felt compelled for the first time to put in my two cents worth. I I feel for the
people who come to Time Square. Um I know what they're saying. I But I do know there's a lot of people that are not here today that are listening online and they're not looking for a huge hotel. So looking for redevelopment to keep it within reasonable. So like Tom
said, I respectfully ask, you know, consider the restaurant. We certainly need those fun places in Time Square. We need to have something there other than a lot of the rubble that is still remaining. But if you could just kind of put the old, you know, kaibos to the
hotel piece, I just don't think it's the right place. We've never had hotels in Times Square before. I really personally don't think we need them now. Thank you for your time. Thank you for coming up to speak. Anyone else like to speak in public
comment? Okay, I will now close public comment. Are there any additional comments, rebuttal, or closing statements from the applicant? Dina, um, just a a point of clarification. I agree with Judith's statements about the exception in the land development code
and the 250 ft. For the record, our elevator and stairwells are larger than the 250 square feet um, and will be by the design characteristics. And so that's what's necessitating that additional height and additional story. So, just for clarification on the
record, Tina, have you been able to get the answer to that F question that I asked earlier? Tyler's got it. All right, Tyler, come on up. Someone, you didn't get to become an extra witness by being silent. I would be happy to come up here and answer any of your questions that you
have. Uh, currently, we're proposing an F of 1.785. If we were to add in the ground level parking, which totals 11,317 square feet, that would increase our F to 2.26.
What about the rooftop? Is that get included in the F because it's got the structure, the kitchen, and all that. The covered area on the rooftop is included um in that F calculation. It is. Okay. So, you go to what was it? A 2 point what? 2.26. If you had the parking
if you had the parking if you had the parking correct. Thank you for getting that answer. Not a problem. Well, while you're up. Yes, sir. The the covered areas, the bathroom, the the elevator, and the kitchen on the top floor, the rooftop. Mhm. What percentage of that is
the bathroom? What percentage of that is the elevator? What percentage of that is the kitchen? Well, that is a very specific question that you have. I mean, I mean ballpark. Okay. Uh, the stairs are about 200 square feet each. We have two stairs, so that is 400
square f feet. We have two elevators. Say they are each 75 square feet for simple math, so that's 150. Um, so we're at 550 square ft. Uh, we have obviously a landing and elevator
vestibule outside of there. So that's maybe another 200 square ft. So I'd say it's maybe half half of the total area ballpark. And the kitchen's on the roof. Proposed to be on the roof just so you could have additional hotel rooms underneath or does it is there some sort
of a logistical benefit of having it on the roof? I I would be happy to answer that. So, if we're going to put a bunch of public up on the roof, we obviously have to have them supervised. I think it would be reckless to put 200 people just up on a roof without any ownership supervising
them. So, we obviously have to have someone up there. It makes sense to have someone up there serving drinks. I think the term kitchen, they are going to be preparing food, but I think it'd be more of a light bar and without getting into the menu. No, no. So, so use the term
kitchen. I I assume that's where your whole restaurant kitchen operation is. Is am I is is that going to be below that? That's going to be at the restaurant. We're going to have a small prep area up on the roof, but it's not going to be a full-blown That was That one's not clear. So, thank you for that clarification. Not a problem. Okay.
Anybody else have a question? Well, I don't know if this is the time to bring it up, but I'll go for it and then tell me to be quiet if it's not. Um, so the timeline was one of the things that I was interested in knowing
and Tina outlined that very well. I mean, obviously there's a lot of permitting that has to go on. Um, the wave mitigation walls, we kind of glossed over that. Um, I know that I talked one- on-one
with Mr. Prasad about them. he committed to um whatever that would entail that he would be involved with it and pay for the front of his building, but I haven't heard anything about it in the presentation or where we go with this
because I think that is crucial to Time Square, not just with that property, but all the way across and anywhere we can get it. Um, and we will agree to those improvements and we can include that in the text of the development agreement in
between first and second reading if that's one of your recommendations. I would like to see that. I don't know about the rest of my counselors, but that's really critical for me. Okay. Um, I also, and this is a way off the topic,
I guess, but I had a conversation, um, actually was the grand opening of SOBS with waste management, and they were talking about, um, just all the renditions that they have gone through with Times Square and trash removal and
what that looks like and how it's it's so critical, but it's also so complicated. And so I think when we get the final plans of this, there should be an architectural review to the
council that really shows exactly what this building is going to be. We hold them to that. That includes any kind of trash removal, anything that we that comes as services outside, delivery, pickup services, anything like that
needs to be included. Okay. Um, so we do have a dedicated trash area in this project. I'm actually also involved in we'll say the other project that's across Time Square. Um, they have a large problem with their trash and and it is a major problem on
the island. We have made a dedicated area on the ground level for trash. Obviously because it's below flood, it's difficult to enclose that area, but that is something that we have taken into consideration and provide a dedicated area for that.
But again, if we got the wave mitigation walls going that could literally take this from a Vzone to an Azone, that would help the entire area with those kind of structures and all the way through and with the NFIP.
I think the owner would be super excited to have this and not a velocity zone and be able to have enclosed retail at the ground level. I mean, everyone's on board with that. Yeah. And I I mean, I I would look at those as more substantial
um public benefits than just covered walkways and that type of thing. I mean, this affects everybody in that downtown area as as well as residential that's behind it. So, So if if this goes forward, I would like
to see all that in our next reading. Anyone have any other questions for staff or the applicant? All right. I'll now close public com public hearing and request a discussion or a motion from the town council to approve approval with conditions, deny
with reasons, or a continuence to a time certain. Um I guess I'll start. Terry, I want to really commend you for for listening to what the LPA had to say and going back to the drawing board and making some concessions and and making some changes. Um, it shows that you were
listening. Um, that being said, uh, there's some issues that I still have with this proposal. As it's been testified, you know, it's a halfacre lot. I'm all for development. I'm all for developing Time Square, but I think there's a fine line between development and overdevelopment.
in and being a halfacre lot trying to squeeze a 2.2 2 F which is the highest to date request if you don't include the deviation um including the hotel rooms uh you talk about the mitigation wall to me there
just a lot of unanswered questions if there was a mitigation wall in front of that would your property then go to an Azone versus a VE zone and if so would it then be able to be dry floodp proof and the extra story wouldn't be necessary and wouldn't be having this you could have your kitchen and things at at the grade level questions that we
don't have answers to. My wish is that you would have taken this back to the LPA to vet out some of these things before it came here. Um, but the way it's proposed, you know, nine dwelling units, you're allowed to do. I I'm I'm not a huge fan of of hotel rooms in Time
Square, I don't think that's what the vision was. However, if that's your property right, that's your property right. But to ask for over 300% increase in that density gives me great pause. uh when you consider the the public benefits that you're proposing to do that um the you know it's very I agree
with with Tina about the use if there is going to be a higher intensity density use that that is the area but this is overdoing it by 300%. That's that's a huge huge increase in density in my
opinion to go from 9 to 31. um you asked us to consider the economic viability but you're not willing to provide us any numbers to do that even though we're not required to do that if that's going to be an argument. I would like to see the numbers to back up the
act, you know, the claims that you this is not a viable project without having this. I certainly understand the cost. I know how expensive it is. I I I cringe when I hear people say, you know, we've got to get Times Square moving. Well, we haven't done anything to stop Times
Square from being developed. It's the asks that are being proposed to us in this development and other the ones that are delaying the process. In my opinion, when you're asking for the maximum for something, you should have to give up a substantial amount in public benefit. I don't see that balance. I'm I'm all open
for for discussion. Um, but as is, excuse me, as this is proposed today, there's way too many unanswered questions for me to be able to to support your ask based on what is being offered as a public benefit. So, that I'll listen to anyone
else's discussion would like to discuss. Vice Mayor, you're leaning in like you want to say. You know, I I just uh this is odd, but I think four of the five members up here were served on the LPA and I served on the LPA for for a
number of years. And I I just feel like from a process standpoint, the LPA was circumvented. The LPA process was circumvented. I watched the entire LPA hearing. They offered a litany of suggestions and I thought graciously they offered uh the applicant the
opportunity to come back to the LPA and incorporate some of those suggestions and that request was not honored and and they came you all came back with a with a with a project with I would what I would argue substantive changes but those those
changes are substantive. So it it would be my preference to remand this back to the LPA and go through the proper process because I believe it's in essence a different project particularly with some of the suggestions that my colleagues have have profered and my my preference would be
to remand this back to the LPA go through the proper process again and continue these discussions and see if we can find a find a compromise. John. Um, I asked Terry to go back when I met with him to the LPA as well because I think that's where I needed to
be and so that's where my head is is right now. Council Woodson. Okay. I Yes. I believe we have to get Times Square going. Having said that, you're right. No one's really come forward with
this until right now, but the things that I brought up and I had brought them up in a meeting, they they weren't even brought up here. Um, so that concerns me.
Um, I also I forgot to say this before, but I would like to see what it would be without the hotel rooms so that we would have a choice in economic development and that type of thing. I mean, every email that I have gotten on
this is all about Times Square being sacred ground. This is sacred ground. This is our place um that we are known for and the view corridor is one thing and
change is another thing but it's always been restaurant, bars, entertainment, retail. We still have no retail on this island. I mean is the prime place for retail. Um we do have hotel rooms coming back,
right? They're not all going to come back, but we have other places that are bringing more hotel rooms back. Um, the more I think about it, I think the right way to do it, quite honestly, is to go back to LPA, get some of these
details put into place, and then come back to the council because I think then it is going to be a much more clear picture. I think there is would be much more agreement in
everything instead of all the open questions that we still have. Sford, I I believe the first thing I I told Terry as well is, you know, having been on the LPA for quite a number of years, I it was my first ask to ask him to go
back to the LPA. I think he's super he's getting closer. um you know the height we just approved lighthouse and it's pretty it's across the street and that height isn't much different and their equivalency factor is about the
same so I could see where he's getting really close to what you know what we're looking for but my question to you yes my friend is is if we deny this because it's a DA does we have to do it
without prejudice so we can go right back to We we would like to help you with that cuz doing this for 35 years, I could count to three right away. Hold on a second. We would like to volunteer to go back to LPA. So you don't even have to have that question. Okay. We would like to as the applicant, we would like
to ask you to remand it to the LPA, not necessarily for the June 10th hearing. Okay. Well, I appreciate I just wanted to I just want to help. I appreciate that. I'm gonna Okay. No, I I would I would agree. Um I guess Joe, don't leave yet.
Um my I'm kind of toying with um do you want one option you have would be to continue this item until it goes back to the um LPA and then bring it back. My only hesitation with saying that is the fact that something may change and then
I'm not sure if our title to the ordinance is also going to be affected. Um perhaps you withdraw it and you go back to the LPA and we just kind of start over. Um there's different ways to accomplish this. Um we want to make sure
that whatever we do, we've, you know, dotted our eyes and crossed our tees so that everyone's due process rights, rights of the community have been respected. Well, I I'll tell you what. I'm gonna I understand what you're saying and and it's, you know, the
option was given to the applicant to do that already. They chose not to take it and now we've just spent hours going over this and now all of a sudden we want to go back to the LPA. So, where I feel comfortable is making a motion to deny this request without is it without
prejudice? Yes. To allow them to redo the and and go back based on I'm going to double check. Ba based on the evidence heard here today, the testimony from from the experts as well as our town staff and the recommendation from the
LPA is the reason for my request for denial without prejudice. Is he just offered to go back to it? He still has that option through this motion. I'll second the motion. It's not taking away an option they don't have. Okay.
It's just But isn't it a I just have a question. Isn't a denial much more negative than just offering to go back to the LPA or I I apologize because I misunderstood the order of how you were doing things. Tina
just something substantively. I thought I still had time to rebut and I I realize I missed it. I missed when everything was closed off. But I think we have a really a really big fundamental uh problem here. We did a bad job by not including the wave wall.
Terry told us before the meeting today, make sure we get the wave wall in the testimony because I've spoken to everybody about it. So, he's totally on board with it. The height, thank you very much for bringing up how the height came along. the height on this thing. We we provided a building
with a restaurant and hotel units and retail, a mixeduse building. And this wonderful staff, the first time in 35 years I've had this happen, this wonderful staff said, "Hey guys, aren't you missing an opportunity about putting a bar up in the top? Why don't you why don't you consider put a bar up on the
top?" So, we moved everything up. Now, we need the the height deviation. Our heights still lower than the lighthouse. With all due respect, Mr. recommended. There hasn't been a lot of discussion up here at the council in regards to height. It it's it's a about a lot of the facts that were left out like
council member Woodson specifically requested some information on the wave wall. So my motion in denying it by having that discussion at the LPA will be different than the application that was presented to us here today. So to your point, councelor Safford, it's
giving them the same option. I'm assuming that they're going to want to include this discussion when they go back to the LPA based on the recommendations from council. So the project that they are bringing back could look similar to what it is but with a few added things that would make it a different project and they still
can go back. Yes. So that that's the reason I made the motion the way I did. We we then in that case sir we we would like to withdraw the application rather than get a denial. We'll withdraw the application today. Thank you. I'm sorry for uh for all the time we took, but we're going to withdraw the application
and go back to the drawing board. Okay. So then I have to withdraw my motion, I assume. Or do how does we've already got a motion? We've got the public hearing was closed. Should I just withdraw? Yeah, I'm fine with that. I just want to make sure legally that we can Yes, it
concern would bring be bringing closure to this particular proceeding. Um, no vote was ne necessary from the council because of the fact that the applicant has withdrawn the application. Fair enough. Okay. So then I don't need to withdraw a motion. Or do I? You don't
have to have a motion right now, but you can withdraw your motion, but the hearing's over and um, no further action is needed on the part of uh, council. Okay, I'll take your lead on that. Okay. All right. That brings us to our
administrative agenda. The first item is a resolution of the town of Fort Myers Beach approving a third amendment to an agreement between the town of Fort Myers Beach and Angie Brewer and Associates LC to extend the term of the con consultant agreement for
funding management services for SRF and other grants or loans available to the town to December 6, 2025. Approving supplemental task authorization number six for the uninterpreted uninterrupted I can't even read anymore.
the un uninterrupted continuation of the ser of these services authorizing the mayor to sign an amendment and supplemental task authorization and the town manager to expend budgeted funds providing for severability and providing for an effective date [Music]
thank you mayor um town managers through the town manager um and Linda's gonna speak to this good Afternoon council. Hi Linda. Hi Mayor. Um see Linda, do you want to you want to introduce yourself to the public? I think this is your first opportunity and give a little bit about your background.
I know we have had a very short meeting today but yeah. Um Linda back acting finance director and um since Joe's left, I've been put into this position to oversee the finance department. Where do you come from? I come from Illinois
and I moved down here almost three years ago and I um worked for at the county level in a small county I should say it was a large county mass-wise as far as land and it was a small county of about
50,000 people and I was there for almost 16 a little over 16 years and I was um in the treasur's office as uh chief deputy treasure for 12 years and then my
um boss decided to retire so I ran for county treasure. So I was there for four years. So you serve you served one full elected term as county. I was appointed and then I ran for another the four years. Very good. So, I um stayed in
that position, but due to personal reasons um had a home down here already and decided to kind of pursue retirement eventually, but knew I wanted to come back down here to work. It never works. Retire, I know it doesn't work. We've
heard you can't retire on this one. Of course, I come down in July of 2022 and guess what? Uh Ian hits. So you have all that going on and with all that um but I started with the town two weeks
beforehand and um it it's been it's been a lot for me to digest and of course family I don't have really any family down here. Um I have a son in Colorado and he's up in Fort Collins area and my
daughter's in central Illinois. She's married um to a farmer and she has my two grandchildren and um but I try to see family. Of course, family loves to come down here. So that's they get away from the cold and want to come down here. So I spent a lot of time with
them, but um I've enjoyed the time here at the town. It's been a challenge and believe me, I I love a challenge, but it's been a lot. It's been a lot. So Linda does a lot of work with uh FMIT. I know I've had to uh work with her on a
couple issues and I've always enjoyed it. Yeah, I've always enjoyed working with I also know Linda's friend Lisa at NCH who's doing my cardiac rehab. Yes. Yes. Yes. She is a wonderful lady. Wonderful lady. We've um kind of met
through our music. Our music. Thanks. Yes. And unfortunately, Linda's last video is Friday. Yes, it was made aware this morning. It's it's um it's just been a lot for me to drive all the way down here. I've had
three accidents driving back and through, but not none of them my fault. So, it's just been a challenge. It's been a challenge. um like I once caught a fish this big and it's just been a lot for me and I've
been looking forward to just more or less an ease into retirement and just getting a little bit slower. But so what can you what can you what can you tell us about the Angie Brewer? Oh, Angie Brewer. Okay. Um why we're here is
um we want to get this authorized to continue their grant administration um for the tier one related funding sources. Um they provide the grant management administration services to the town specifically rated related to the um storm water and water
infrastructure projects. Um and that involves several grants as well as the state revolving fund. And so we need to continue their um con their contract expires on June 8th of this year and the town has been utilizing them as a
piggyback agreement with Kier County as a basis for their agreement. Um what they anticipate is providing an additional $225,511 of services for the town as indicated in the STA number six. Um the
reason for this is to um the tier one project has accelerated so that the amount of time required to administer the grants and SRF loans. Um they are anticipating investing more time bringing the new finance director up to speed with the grant and SR loan funding
of the storm water and water projects which is tier one. There's additional work associated with um securing additional SRF funding needed for the project and also there is additional grant through the resilient Florida grant program that has administrative
requirements on um they will also be providing data for the utility rate study that needs to get in progress. So John, you have any questions for Linda? Well, one serious and one not so
serious. Um, the funding is from the storm water and water fund grants I'm seeing. Yes. Okay. And then I see Joe Anzac's name on here with created initiated on 513 which I think is kind of impossible when he left in April.
He put it together before. So we tried to get it on the la at the last council but it was too late. So correct. And the system hadn't been updated since. Yeah. So I just remembered his name. You I don't remember. You don't I don't
know about anything else. No. Thank you, Vice Mayor. No. No. I mean, I barely got to know you and now you're leaving. Sorry. Well, congratulations and good luck.
Councelor Safford, we're gonna have an audit committee meeting next month. um be here, but sure they can have one. Let me have one. You can have one. Again, I want to say will welcome aboard.
All right. This is This is the fire hose analogy. John, would you like to make a motion or would you? I would love to make a motion, mayor. Move to resolution 25-149. Got a motion by councelor King.
I'll second. Seconded by councelor Saffford. Any further discussion? Councelor King. I. Councelor Safford. I. Councelor Woodson. I. Vice Mayor Edo. And I'm an I as well. That motion carries unanimously. Next is a resolution of the town council of the town of Fort Myers Beach, Florida,
granting amended easement to expand the area of an existing easement granted to Lee County for the placement and operation of a county-owned sewer, mains, pipes, and facilities and providing for an effective date. I can handle. Okay, Nancy. Okay. Um, this one
came to us through our utilities director um in communication with Lee County. Lee County was doing an audit of its um utility infrastructure. for its pipes and sewer manes. And what they found was the existing easement area
that uh the town had given them, their pipes were actually outside of it. So what this does is it just expands the area to actually encompass the area where their pipes are underground. So it's kind of a cleanup item um that Lee
County is requesting of us. Okay. Any questions, John, for Nancy? No. Vice Mayor. None. None. None. Okay. Is there a motion for resolution 25-151? So moved. Second. We have a motion by
councelor King. Seconded by councelor Safford. Any further discussion? Councelor King. I. Councelor Safford. I councelor Woodson. Hi. Vice May. N. And I as well. That motion carries unanimously. Next is a resolution of the town council of the town of Fort Myers Beach, Florida, retroactively approving
a first amendment to the emergency services provider agreement SPA24-12-EN dated December 16th, 2024 between the town of Fort Myers Beach and IC Materials, Inc. to extend the term of service from November 6, 2024 to
December 21st, 2024 for debris and hazard cleanup services due to Hurricane Milton and increase the not to exceed amount by 123,3 287 from 300,000 to
$423,287 in providing for an effective date. Chad Chad shoots environmental staff. Good afternoon everyone. So, uh, let's see. We have this would be the Milton,
uh, emergency contract. Um, whenever we're doing these emergency, uh, contracts, it's important to have a scope that's in, uh, in alignment with the FEMA guidelines, um, that the rates are, uh, in line with
industry standards, and that we have a not to exceed amount. It's very tough to estimate that not to exceed amount. We're we're in the middle of emergency. So, um apologies for having to come back for this, but um the uh both the Helen
and Milton storms were clean up and uh a wash sand were greater than we anticipated. No need to apologize for things you can't control. We all understand. And these are all reimburseable obviously covered by FEMA. Yeah, FEMA um was it 90 days from the
the storm. So, 100% covered. We got it within that window. Okay. Scott, any questions for Chad? Nope. Sounds good to me. Nope. Vice Mayor. Chad, can I just say you thought you were going to get and and I know it's a team effort and and you've had a lot of
support from our town staff and our council, but to look at Leonardo Arms today versus two and a half years ago, it's truly transformative. So, a credit to you, the team, the council, everyone
involved, the patience of the neighbors, but it is truly transformational. So, thank you very much for those efforts. I know. Yes, sir. Thank you all for your support. Is the South End officially done? Yes, sir. We're out of there. May May 15th, the pipe is gone. Yes, sir.
So, it's literally done. Done. Done. It is spectacular. Uh just to reiterate, uh when you walk along that beach, is that sand already packed packing down? Yeah, it's going to as soon as we get uh rain, it'll really pack down. Right now, it's
mostly just footsteps packing it down because the beach has demonstrabably extended out into the Gulf, which is beautiful. Does anyone who's swimming out there, is there, since it's sort of a new area, is there potential for debris out there or is it safe? What's
been your experience thus far? Swim and try and risk. Um, yes. No, seriously. Do we know? I mean, changes every day. That's tough. Yeah. When the water's clear, can we take a drone and fly it over there and just get a sense of things or Yes, sir. We can we can try and figure something out. Yeah.
I know there's some tree stumps, I think, a little bit north. One tree stump in particular was mentioned at the Murf meeting that uh we need to get after and there are some historical pilings that I would um stand clear of. There's a single one and then there's a a few rows of uh trim up here. Other
than that, I haven't seen anything even at low tide, but we'll we'll take advantage of next uh was it new moon we're coming up on and go take a look if we have if it's during the day we can go take a look. Thank you. Great job. I have a question now that you brought up those historical pilings.
There was a big discussion on that months ago because people were they wanted those historical pilings to stay in place. Mhm. Is that going to be able to happen or do they Yeah. So, we skipped it and we moved about 200 feet south of there to avoid that area. Now, we're getting questions of why can't we
get more sand in that area? The sand will migrate. Um the beach is going to look different come November after storm season and it's going to, you know, shift north and south. That bar 204 at Leonardo Arms is a um it's all take take. It goes north, it
goes south. It doesn't stay there. So the sand will migrate and accrete in other areas. We'll uh assess the uh lateral access where the mangroves are basically on the shoreline uh north and south of there. And um we have uh we've already applied for funding. So we need
to get it in our budget if y'all find fit to uh budget for some extra sand and restore that lateral access um if we need it uh come November. And Chad Oh, I'm sorry. Go ahead, Scott. Oh, I'm sorry. You No, I just roll. I had one more question. clean. Did you sh shorten
your beard? Yeah, I think it grew last night. No, it was maybe I just combed it. I tried to comb it a little bit. I don't know. I'm new to this whole beard thing. So, I did ship it. My question My question
is the Newton Park area when what's what's the time frame looking like? So, right now we are in front of uh the old Junkanoo and moving south. Uh they should be done uh with that by uh the
end of this week. There's getting questions. Everybody's wondering where we're going to be at for Memorial Day and are we going to ruin their day, their weekend? So, I think we will be uh pumping at Lenarch and working our way south to north. So,
um I I haven't been very good with timelines on this project. We keep you know Yeah. for obvious reasons. Um I know I can uh I can talk to Michael and see when we're going to be at Newton Park. um see what you know you just it's basically a calculation and everything's
kind of assumptions based on so that based on what you're saying it's Newton Park's going to be the LA very last thing probably uh just you know just um south of Red Coconut is going to be the last thing yeah so we're we're pumping there then
they're going to jump to Lark and come back to Oh I got you okay so it'll be yeah I mean if we're saying it's maybe halfway in between mid June. Okay. Thank you. So, Chad, just I think it's important for the record to state and and our engineer
Mike Poff who's phenomenal. Yes. Had predicted this early on that even though the beach on the south end is demonstrabably wider, it will naturally accrete. In other words, get smaller with as a result of the currents and the
tide. So, nobody should panic. So currently we're at what how many yards from Leonardo Arms? How many how many yards or or feet? 95 yards. 95 yards. So about 300 feet. But it'll it'll naturally come back on its own without
any hurricane without any drama. It will naturally accrete back what another 50 yards. So uh whenever it's being taken away that's erosion. Accretion is getting bigger. So, it's going to erode um very quickly within, you know, the
first um few months and especially when we start getting our bigger storms, we'll really see uh sand moving around. So, that's expected. Yes. Nobody should panic. Just like over at the pier, we've seen it kind of come back from initially it was, you know, probably about 50 feet we've lost already. So, same kind of
thing. Both those areas are erosional uh spots. And will that sand go north or south? Yes. Both. Thank you. Any other questions for Chad on this one? Well, I guess we're off topic and
we have been for a while, but I'll follow suit then. Um, being at the extreme south end of the island, we are looking forward to accretion because that's how we got our beach to begin with. Uh, but you had mentioned funding for more sand. Michael Poff and you had
come here before. You had talked about I thought uh funding for Helen and Milton issues. Is that still So we're waiting on the legislature to hopefully give us a Nicole and Ian or uh Milton bill
similar to what they did for uh Ian and Nicole hurricane. So u I'm not sure where we're at on that. maybe we talk to our lobbyist or see if he has a if anybody has their ears on the track of where they're moving towards that if it's going to happen.
Um, having said that, we do have hotspot maintenance in our uh beach reourishment project permit. Um, but that's only inside that those permitted areas. Uh if you remember um the very south end big
Carlos Pass Beach big Carlos Beach um that was a one-time placement all landward of the uh main high water so we didn't have any property uh erosion control line issues there. Um, having
said that, um, I think the what we've talked to our coastal engineer about is applying for an emergency permit to perhaps put sand um, waterward of the mean high water, which it also would require US Army
Corps um, approval on that. So, we are working on that. Having said that, we're talking about putting sand in an area that's already accretional. So, you know, in terms of beach management, um something to consider, but maybe just some
um you know, touch-up work to get the beach, you know, and restore that access for y'all to be able to walk the shoreline even at high tide. Um we can look at that. Okay. Thank you, sir. Thanks, Whiskers. You're welcome. Chad, will the will the will the plantings
begin before the central region is done or will the plantings stop begin until the whole project's completed? I think it's safe to say the plantings will begin after. I think we're coming on June 4th with to award the plant contract. Um I'm hoping that we get it
done before y'all go out to recess and don't have to wait another couple extra months and uh get it done. But that probably it probably won't start until July or August just depending on readiness of the plants. All right. If there's no other questions, there a motion for resolution
25-146. So move. I will second. Any further discussion? Vice Mayor. Hi. I'm an I as well. Councelor King. Hi. Councelor Woodson. I councelor Safford. I motion carries unanimously. Next is a resolution of the town council of the town of Fort Myers
Beach, Florida, retroactively approving the first amendment to the emergency service provider agreement SPA-24-10-EN dated October 4th, 2024 between the town of Fort Myers Beach and ICS Materials, Inc. for debris and hazard cleanup services due to Hurricane
Helen to extend the term of agreement to October 8th, 2024 and increase the not to exceed amount by $17,942 from $200,000 to $217,942.40 and providing for an effective date. Chad?
Yep. So, um this is the Helen emergency work again. Um same as the uh number 12 contract. Any questions on this one? I have a question. Sorry. You're extending the term of the agreement to October 8th. Is that just to cover the
90 days or should that say 2025? No, these are retroactive. Okay. So, it's retroactive. These, if I may, um these are just some invoices that needed to get paid. Um and unfortunately, two of the three contracts had already um terminated, so
we did it retroactive. But I will tell you that um I gave chat a real hard time about these. Um, but we did validate um and all the amounts are correct. Okay, thank you for that. That's a very important piece. Okay, we got a motion
by Vice Mayor Adhalt. Second. Seconded by Councelor King. Any further direct uh discussion? Vice May. Councelor King. I councelor Woodson. I councelor Safford. And I'm as well. That motion carries unanimously. And the last administrative agenda is a resolution of the town
council of the town of Fort Myers Beach, Florida. for retroactively approving the first amendment to the emergency service provider agreement SPA-24-13-EN dated December 18th, 2024 between the town of Fort Myers Beach and IC Materials, Inc. to amend the not to
exceed amount by 53,97169 from $900,000 to $953,97169 and providing for an effective date. Yep. So, this is the Which hurricane was this one? Uh this was Milton category A debris project which that overwash sand
was considered debris if y'all remember the piles and they were big and we still got some additional sand from the county so which we needed and built some BMS back and uh filled in some scour so make good use of it. Okay, any questions for
Chad on this one? Approval approval resolution 25-148. Mayor's vice mayor's getting involved. I'll second. Move it. Uh, any further discussion? Vice Mayor. Hi. I'm an I. Councelor King. Hi. Councelor Woodson. Hi.
Councelor Safford. Hi. That motion carries unanimously. Thanks, Chad. Thank you to all of y'all. Sledge must be wearing. That takes us to final public comment. Anyone? I think Pat came back. Pat came back. He He wants to talk some more. No, he's all right. We'll close
final public comment. Town manager items. Welcome. Thank you, Mr. Mayor. I just really quick, Mr. Mayor, Mr. Vice Mayor, all the counselors, I just want to start by saying thank you. Thank you for trusting me with a great responsibility and honor to uh join this
terrific team and to lead uh lead the town staff. I'm really excited to be here and looking forward to working with everybody. Uh just a couple of things uh that the the staff helped me with here is first uh the community forum for strategic planning uh takes place on May
28th. Um, so we're looking forward to getting that kicked off. Uh, May 28th, 5:00 pm to 8:00 pm at Bay Oaks. Uh, this is where we're working with consultants from USF to really flesh out some of the uh themes discovered through resident
surveys and start to build a good strategic plan uh for the town here to to to work off of. And the second thing is the community forum takes place on June 12th. Uh we're hoping to get that to have that in the new town hall by
then. And finally, uh there will be I was informed there'll be a meet and greet hosted by the the Chamber of Commerce for myself and Dedri uh coming up on Thursday, May 22nd at Diamond Head. Um so I know Nicole is going to post both that and the uh uh town and
the forum community forum on our all our social media feeds and so forth. Not for the chamber. What's that? Not for the chamber. The chamber will do their own post chamber. The town is hosting us. Thank you. Okay, Mr. Town Manager. I will This is the town one.
This is the town. Correct. Okay. My mistake. Thank you for the And it's on the 22nd. It is. It'll take place on Thursday. Okay. May you'll send out all the information that I sure will. In fact, while we were sitting here, I finalized it with Jamie from Diamond Head. Okay.
We'll look forward to seeing that email. Unfortunately, we have an ad hoc school meeting that evening, so I'll be there in spirit. Yeah. 6:30. Andy, you got anything? Huh? Oh, Jeff's gonna give us a little update on Bay Oaks. On Bay Oaks real quick and then I have a couple other words. Yeah,
we're getting really close. Um, looks good. If you have a chance to go down there, you can certainly, you know, while it's open and they're working on it, uh, the gym floor is is done. Um, it looks terrific. It's exactly what I wanted uh what we wanted as a staff uh to be, you know, resilient for a
possible next storm or flooding. Um, it's going to be there permanently. The floor will be. I mean, it's we didn't put a logo on because it's going to last that long where if we change the logo, we wouldn't be able to change the flooring. So, um, so the only things we have left, sorry, my my voice is gone.
Um, the only thing we really have left is to hook up the HVAC system. Um, we just have to have our our our fire people come in and verify a wire to hook it up. Um, and then our weight room equipment should be in the next probably two weeks. Um, but we'll for sure be open, you know, we'll be open for the
kiddos uh for the summer program uh in June. And then our once our weight room equipment gets here, we'll we'll announce that and get that all open up and get all the uh the programs and all that ready to go. So, it's really close. Um really close and it looks great in there.
Thanks for the update. Also, there we drinking fountain was replaced by the tennis courts. Um, so you need water down there as you're playing. Finally have it back. Thank you. Thank you, Jeff. Also, my first meeting was May 1st, 2023 was my first day as well. We
had about four things on the agenda. So, you're starting off really well. It's a full day. I think we we went about two hours, but the biggest thing was our permitting process and our uh debris removal continuing to to be be done and beach. So, we still talk about breach nourishment. The other thing is town
hall. We continue to work on that and and hopefully Will will allow me to continue that process for the next eight business days. Uh, which is what I have left. And, um, but he and I will talk more about that, uh, probably tomorrow. But I think that the one thing that that
I'm going to take a a minute here to, you know, as well as much as you guys think of me and how great you actually think I am, John, um it's the staff and, you know, I'm I'm leaving them to Will and we all know that. And Will's going to figure that
out really quick. And I know he already has. He's plugged in. We've had him plugged in at least two times as as a pretty good group. Um, and I felt like the transition that you asked me to initiate and be part of, I think it's been pretty good. I think it really has
um gone about as smooth as I could have anticipated. Um, I appreciate the fact that that Will has accepted me as as the former um town manager and we've all accepted has been uh cordial. He has nothing like you do. Uh, and and to be
as cordial to me as he's been because that's not usually easy thing to do when you have, you know, two types like this sitting two feet from each other. It's really, you know, a battle of of wills at some time, no pun intended. Um, but we have we have you made a great choice.
I think you you you obviously know that. So, I'm excited for what he's going to continue to do. Um, I would be aiss if I didn't say that the last two years, um, we've done a lot. I mean, I I don't have a list, but I don't think we need a list. You know, we could we could have a
list and we go down that list and then it's like then somebody add to the list. But we know what the list is. I mean, we've seen it. We've we've you one of my biggest things was getting everybody in a new home. And the first day I was here, it's like, you know, that's 25. I mean, you and I talked about it, Dan.
It's 20. Sorry, mayor. $25 million or whatever the number was going to be. Three to five years. We just been talking with developments and trying to get people to hurry and we just knew it had been, you know, three to five years and and and we just didn't have that luxury and we're very fortunate that we
we got what we have and where we're going to be. You're going to, you know, be there. I realize that dream really soon. Tomorrow, Box Modell will be here to start evaluating getting these off the property. So, I'm going to be working hopefully will allow me to to to focus on getting these things removed as
close as I can get in eight days. But I think the staff, I want to thank the staff. I know that that we've we've we've been through a lot and we've we've accomplished a lot and and I know that you'll do a lot more um after today um as I fade into the to the shadows and
and and Will takes over. And please send him the emails, not me. Everybody, please send Will the emails, not me. Um I'll be happy to to answer any questions he has, but I think, you know, that's that's where your loyalty is now.
and and I I the loyalty that I got and and the uh cooperation and and the working alongside ability that you had with me, I think that that speaks a lot for the type people you are and the focus that you had on the community
because when you look back this way, I'm the only one that lives in the community up here. They they all drive out here every day and fight the traffic and do what they have to do to be out here. And I know it's a job and I know you get paid to do that, but there are other places and I know some are going to
other places, but but I do realize that and we all realize that it's it there's a challenge every day to do what you do and and and it's a thankless job at times and public service is thankless at times, but I appreciate it and I will always remember my last group uh that I worked with. But but our our entire
staff is our most important resource and and personnel is very uh important to getting jobs accomplished. There's a lot to still get accomplished, but thank thank everybody um for for the support. Um I've always believed that not
everything some Frankie will correct me, but that a lot of thing everything nothing moves without friction. Um and I know Frank will say that's not true because it's and there's things you say, but but it's true. You know, sometimes there's friction and sometimes there's friction from computing and we react to that friction. But I think we've done a
great job with with that. We've done a lot more. Absolutely. We can always do more. We can always strive to continually improve and that's why he's here now to help you get to the next level. I think in the in the scheme of things I've gotten it as far as I can probably get it uh with my abilities. We all reached our repeater principle or
level of incompetence and I've probably gotten there. So I think we are at that point now. Um and I'm I'm not too proud to admit that I I recognize that in myself. my limits, my abilities and capabilities are only so much. And with this accent, it's hard to get much accomplished
because people don't understand what I'm saying half the time. But I think all you have accents is not me. So having said that, thank you for everything. See, and nobody understands what I say. We heard accident over here. Two of these one of the Thanks. Thank
you. Thank you. Thank you. Thank you. Tag. You're in. You're not done yet. I got a question. So, one of the last things that I have I asked you um I haven't had a chance to talk to you privately about it, but I asked there's been some requests from people when it's coming to the comp plan
discussion and the potential changes of that now that most of our residents or a lot of our residents have left. Um they would like an avenue through the website to be able to comment on um make it very easy for them because they won't be able to attend, you know, these these in-person shets or whatever you want to
call them. So, if we can get something as soon as possible on the website where they can comment on what it is that they, you know, they want to comment on in regards to the comp plan because they can't all be once you and I discuss that, I passed it along to Nicole and talked to Tracy about it so that we we
we have a process that we can I'll let you go. Um, I'm working with Civic Plus, who is our website provider, to get possibly a question answer area right on the website where you can submit a question. It shows up on the website and we're able to answer that. you can go through and see all of the other
questions as well. I'm not positive if that's an option, but if not, there is another way where people could submit questions, we have it go to an email, and then somebody would be able to just go and respond to each of those questions individually, which I think is great, but I think if someone just wants to say in regards to
this part of the comp plan, here is what I would like to see or here are my recommendations. Doesn't have to necessarily be a question answer type thing, but just a place where people can submit a com submit a comment. If it's just as many comments, we can definitely do that now. If you want question and answer, I just need to look into it a little bit more. Well, as more robust as
it can be, I think would be would be good. Both options. We'll definitely perfect because they want to be they want to be involved. They just can't physically be here to and not everybody feels comfortable being here physically talking to town staff. So, um I'll go ahead and get the form part ready where they can just submit comments and we can
have that on there right away and then I'll continue to work on the question and answer part. Okay. Thank you. Anything else, gentlemen? Okay. Town attorney items. I have three. Okay. So, the first is welcome, Will. Andy, I'm going to miss you. That's
number one. Um number two, just to go ahead and jump right into it, um the status of temporary residential housing post emergency disaster. That's the next item on your agenda. Um I I did pass out a copy of uh Florida statute. It's
166.0335. Um, basically, um, let me just give you a little history, too. Um, so, as you know, Hurricane Ian hit in September of 2028. The town thereafter began issuing um, emergency temporary placement
permits. September 28th and 22. Right. What did I say? 28. Oh, she's 22. She's no another one. So anyway, the uh the town issued these emergency temporary placement permits to residents as well
as to commercial um establishments. Shortly thereafter, um Senate Bill 250 was enacted and that had um the limitation on your uh development approvals unduly burdensome, more restrictive. We're all very familiar
with that. But it also had in it embedded um some um flexibility for individuals who had to have some type of temporary shelter. Um after SB250 um the Florida legislature in
2023 adopted the um statute that I have um provided you a copy with. And what that did is it codified um and through its cottification preempted your ability to do um to limit
temporary shelter um that people may need. Um the operative paragraph is paragraph two um after the initial clause. It reads, "Following the declaration of a state of emergency issued by the governor for a natural
emergency uh during which a permanent residential structure was damaged, rendered uninhabitable. Uh again, the municipality, we cannot prohibit the placement of one temporary shelter for up to 36
months after the date of the declaration or until a certificate of occupancy is issued. if um the following circumstances apply. And then there's three criteria. The resident has to make a good faith effort to rebuild or
renovate the damaged uh permanent residential structure by applying for a building permit, submitting a plan or design or obtaining a construction loan. That's number one. Number two is that the temporary shelter, the the travel
trailer or camper is connected to um water and electric utilities and does not present a threat to health, human safety and the resident actually lives in the temporary structure. So thereafter um you all you know FEMA this
um happened and then FEMA came and we had our whole issue uh concerning the NFIP program. um you adopted a resolution uh at FEMA's request that you would not be issuing any more temporary
um placement permits and the question had been lingering for uh some for a while and Andy kept asking and we didn't get an answer until February of this year and that you can find in the FEMA letter which is in your material on page
837 and on page two the question is asked uh remove the non-compliant structures that were incorrectly permitted and should not have been placed in the special high hazard area. And then the follow-up question was um do temporary housing trailers such as
recreational vehicles, park trailers, or other similar need to be removed from the special flood hazard area to the town to come into compliance with the letter dated 11:21 2024. FEMA's response was temporary housing for disaster
survivors that has been permitted by the town of Fort Myers Beach is acceptable. So having those um travel trailers remain there is okay for FEMA assuming that it they meet their uh definition. We do have the state
preempted language so you would have to comply with that. Working with Dr. coler um and staff. Uh we've determined that there's about 156 or 155
um uh temporary housing units. And so basically those are would be permitted if they hit the qualifications and the requirements that are in the statute. And I don't think that that analysis has yet to be performed. Once that analysis
is completed, if they don't satisfy those criteria, then there is no um no legal uh right for them to continue to reside in those um structures. Now, bear in mind that it's following the declaration of a state of
emergency. We've had several state of emergencies because of the multitude of storms. So, it's possible that on September 28th of this year, um, someone's permit would have expired because they've been in there since Ian. However, subsequent to that, we had
Helen and they may still require temporary housing because of Helen and then that would be the in Milton as well and that would go up to the 36 months. So, my date of the initial state of emergency
declaration. So, my recommendation to you would be that uh working with the town manager that we uh we look a little bit closer and do more analysis on each one. Um and that should give um members of the public some assurance as to where
they where they stand. I think um if I may um Councilman um Woodson, you you were very concerned that September was approaching and that people didn't know is the town going to come and ask me to move and relocate? I
need to make plans. So again, my recommendation is that they take a look at that statute. I'll repeat the number 166.0335. Um and then we will start our analysis here. and and I'm certain there'll be a courtesy letter that's given first, you know, to to give them
further understanding of where we are. My question is with item C, the resident lives in the temporary structure. As we're seeing out there, there are people who are Airbnbing, their trailers, they're they're using it as their second home. How are we going to verify that
they're not living in it? Because we know there's a lot of them out there doing it. I think one of the opportunities we have with the new rentalscape software is that if that RV um residential vehicle is being advertised as such, we'll be able to pull that in through our rentalscape
software and there will be a designation for us to rental won't pick up our people who have a lot that have a trailer that construction worker is living in, but they're not living in it because it's not their residence. That would be correct. How are you going to How are you going to navigate that? The only other thing we could do like we did
with our town tour spreadsheet, if you recall, when uh town manager, myself, and Miss Nicole went out and looked, not that we'd be able to tell by a a driveby kind of um opportunity, but that would be a second place and then we'd have to pursue that through code.
I would think you could also issue a citation. They'll come tell you really quick if they're living there or not. Or even an affidavit attesting that they are living there. I mean, those are things that need to be built, but these are going to have to be looked at on a case-byase basis. There are 155 56 of
them. So, it it's not going to be something that, you know, the town will be knocking on your door tomorrow, but nevertheless, it's good to let the public know. Maybe that course of to help alleviate staff, maybe asking anyone who is living in their trailer to sign an affidavit saying that that would
diminish your numbers quite a bit. at least you'd be able to focus in on a certain number. Well, and then number two is item A that they have to be in a building process in some way, shape, or form. So, if they are the owners living
there, but they haven't even started the rebuilding process, then they can't stay there either. It does say if all you are correct. Yeah, there's ways around that. We'd be able to based on permitting, if they've
come in for a permit, what date that permit was applied for, and then trace that back to temporary use permit. Right? So, I I almost hate to use this phrase, but we can do a crosswalk. I just broke out in
hide. We're good at those. Now, we we we can do a matrix. We can do a matrix analysis. There we go. analysis. I hope that that is some information that um answers your question that you
have. The fact that you said you reiterated it's all three of these. It's not just one of the three. They have to meet all three of them. It does say and all of the following circumstances apply. Yeah. So, they have to have all three. Yeah. Um along with this agenda
item, I just briefly wanted to make a couple comments about SP 180. Um you heard them at the during some of our discussion today. Um, but it does extend the uh prohibition on you uh to enact any type of change to
your comprehensive plan or to your land development code which is more restrictive or un overly unduly burdensome I think is the term. Um and and again that kind of puts you at a in a holding pattern per se. Um there are a
lot of other things in SP 180. My understanding is we're still waiting for the governor to sign it. Um and then what I intend to do is to work with the town manager and go through it line by line and determine what we need to do as
far as staff. Um there are things such as um the look back period um that they're they're eliminating it that no look back for repairs and things like that. that would come up. There is an impact on the
um homestead assessment. Um there's a requirement for annual hurricane readiness. There's there's just a lot of things, but I I wanted to go ahead and let you know that that is um coming down the pipe. So, that was number two. Okay.
Number three, since I'm on a roll, um is the last item that was added to our agenda today, which was a discussion on the um the school board issue and notes go. Um I just wanted to
add a few couple things. Um I have looked at the school interlocal agreement. I understand that there is an amendment to the one that was provided. So we're we're hunting that down. There's also um another interlocal agreement involving I believe a land
exchange cutting that one down as well to make sure we have a that I have an understanding of the entire picture of what's coming up. Um the interlocal agreement that was in your packet um basically talks about a default
condition u in the event that you suspect that there is a default. I would term it as an anticipatory breach. Um the provision in the existing agreement uh suggests that you go to um mediation to try to resolve
it between governments. There's also a separate statutory section. It's se chapter 164 of Florida statutes. And even if we unfortunately found ourselves in a position where we did want to litigate the um interlocal agreement, we
would be required to go ahead and go through that process um under 164 and it has timelines in it and I recognize that you know time is very very short. So I have some specific um recommendations to
you which you could agree with or not. Um the first is that um you had heard reference to the third party consultant and I don't know if anyone has actually made an official public records report or request for that. Is there one
pending or we don't know? I believe one of our local media folks has made a request for it. Okay. But can a fellow can a can a fellow municipality here here's the challenge Nancy for the next four days three to four days
we had one of the parents who was well-meaning wrote all the schoolboard members and and and referenced this potential violation of the ILA in just a in a broader discussion that then triggered one of the schoolboard members to say we're not because they were
trying to arrange meetings with all the schoolboard members they said this sounds like a legal matter. We can't meet with you because this could potentially be pending litigation. I would suggest we continue to brainstorm and and continue to do your research, find out what that consultant report
says, and if there's a if it turns south on us, then then then it's all hands on deck. But if it doesn't, then we haven't because there's going to be a lot of communication opportunities in the next few days. And I I hate to see them be able to say, "Uh, Mr. Mayor, love to
talk to you, but sounds like there's a potential threat of litigation here. So, my lawyers advised me not to to discuss this matter. I I just want to I want to avoid that at least for the next few days so we can keep those lines of communication going. Sure. But I totally hear you and I love the fact that you're
researching this. You and I talked about this a while ago. Yes. Yes. I was I was asked to to look into it. Yeah. No, with good reason. Yep. So, in addition to um a formal public records request, and that might be something that maybe the town manager could request from Lee County, just as people ask us for public
records, we would be asking them for a copy of the consultant report. I think it'd be great to have. Yeah. the the second um possible item that I would suggest to you because if if we do find ourselves having to go down um the
chapter 162 or 164 mediation process, it does require a resolution to be adopted by the town council. And because of the timing, you may want to consider having a special meeting perhaps after the school board meeting and then figure out
what we what we need to do or want to do. Let's uh let's all continue to hope for the best but prepare for the worst. Yeah. And that that would be my uh my suggestions, my recommendation on it. I don't have anything else. That was my number three. I'm done. That's a good
one. Okay. Anybody have anything for Nancy? No. All right, then we'll move on to where are we at? Council member council member items and reports. John, since you brought it up, you go first. I'll uh
be taking Will and Tracy with me as uh we attend a meeting on Thursday of the Southwest Florida League of Cities. I'll be introducing Will around. So, it'll be a busy day for him. Um, also along that line, um, in July I'm expected to be
bumped up to vice president, which then means I would become a member of the board of directors for the Florida League of Cities and have to start attending uh, their conventions and things like that. So, long pants.
Do you do you own long pants? Do you own long pants? Dan can verify that I do. Sweats. Whoa. Don't say a word. We rode together on Wednesday to the Lee County Sheriff's Me Deput fallen deputy
memorial and I wore a blazer and long pants. Wow. And flip flops. No, that's it for me. Okay, Vice Mayor, I've got nothing additional. So, just one thing I keep getting asked
about the free parking and for the summer and where and how do you get it and who gets it and all that. So, if we could maybe um advertise that a little bit more and even put it even out on
Facebook posts and things too, but not Well, I guess it is for just the town, isn't it? Because you have to have your It's not free either. Yeah. $25 pass you got to buy in a lot of Yeah. Well, okay. But that's pretty much free. So, so that
is a actual clarification, too, because everybody is asking me, well, can anyone come over and get the free parking? So, the answer to that is no. It's strictly for residents that have the permit and they
pay $25 parking. Got it. Well, I think that needs to be clarified. Well, I've had a lot of people come up to me. thanking for that parking. I mean, it's it's been a it's been a huge success. I would like to even expand it further and
look into, as we've discussed in the past, is there, you know, people are willing to pay a little bit more to be able to do it all year. Does it make sense to put a price point where a resident would feel comfortable paying that fee to be able to park year round where they want to park? I' I've many have said they would pay. The key is
anywhere. They can park certain places now year round, but it's be anywhere, right? So, maybe offer them two options. This will get you the ability to park, you know, outside the, you know, where you can park now under the bridge or this one will allow you to park anywhere
any time of the year. I don't know if we need to bring it back for discussion, but I thought coded or something. Well, it'll be St. Patrick said a different color. I think it would need to come back just to make sure to clarify it and get direction future MP or something. Yeah.
And maybe we look at it. I don't know. We'll talk about it in MMP, but maybe you look at to your point, a lot of people reach out and like, well, I'm not a resident, but I I come down there, I work there, or I, you know, maybe it's worth having a discussion. Is there an option for someone who's a non-resident? Maybe you're a Lee County resident, you could
qualify for, you know, a lot of it brings people to the island, too, for the businesses and everything else. So, I mean, however we could look at it, but that was my only thing. Okay. on Saturday.
I'm happy to announce that we found or identified two parking spots that are going to be 15 minute max downtown. Um the two closest to Harbor House on First Street. Yay. And we're
going to have signage probably in a week and a half, maybe two weeks. Very nice. And uh and then we also have uh on Third Street an area for uh Uber and Lift and another one right next to
um the park by the pier. So there's a there's a row of about four spaces. So hopefully Uber and Lift guys will start going there and then now people can, you know, pop in um just for a couple minutes if they need to Door Dash or whatever. Well, maybe we can we can ask
the town manager to task our IT guy to I know that Uber can pin and LO can pin places. Maybe they can, you know, if you open up the app, here's the pickup locations for Uber and Lift. I don't know if that's falls into the hand of it, but it'd be nice that way when they open it up, they know where they got to
go to make it much smoother as opposed to just putting signs up that no one's ever going to see unless they're walking by. Yeah. All right, that's all I have. All right. I have a just a couple quick things. Um I haven't had a chance to talk with you yet, Will, but I I took
the liberty speaking of the EOC. Their ribbon cutting is coming up on the 29th. Um IRSVP for both myself and the town manager. Great. Um if you'd like to join, I think that'd be a good opportunity for you to meet all the people throughout the county of the, you know, who you would be interacting with in the case of emergency management. So
that is on the 29th at 10:00 a.m. So we could carpool up there and and uh I'll show you, you know, where it's at. I think that'll be a good chance for you get to meet people from the county and other municipalities at the new opening of the EOC. But I apologize I didn't reach out to you before. I just took the liberty of RSVPing because it was a
short window. Okay. And the other two things I have is do we have an update? Um we haven't seen Jason Green in a while on the impact fees. Where is that at? They should be just about complete. So I'm guessing I shouldn't say guessing. I'm I'm estimating by the end of June,
we'll have that a complete packet uh to council by the end by the second meeting in June hopefully. Okay. Yeah. If you could get us an update, a firm update. Um we we talked last week and everything was just about wrapping up by by Yeah. putting everything into formalized.
Could I could I just add on to that, Frankie? as you talk to them or ask them about an update, would you just have them make sure that they reference or sort of explore the option of a wavy a wave wall as well as a water ferry just to see what if those funds could be utilized for it as they do their
research? Yeah, I think that's a mitigation wall is a is a great suggestion. Wave wall, mitigation wall, whatever you want to call it. I already talked about the comp plan website thing. So, I have nothing else. There's nothing else. John move to
ajourn dull. I second that. But it's kind of dull. I know. He's getting boring in his old age. All right. We are adjourned at 454 officially.