Good morning everyone. We're going to call the meeting to order. Today is Monday, May 18th, 2026. It is 9:00 a.m. All council members are present, including the town manager, deputy town manager, town clerk, and town attorney. If you please rise for the invocation
followed by the pledge of allegiance. We are thankful for this day that you have given us for its blessings, its opportunities, its challenges. May we appreciate and use each day that is given to us. We pray for strength and guidance for each day as it comes, for each day's duties, for each day's
difficulties. May we be challenged to give our best always, and may we be assured of your presence with us. Amen. >> Amen. I pledge allegiance to the flag of the United States of America and to the republic for which it stands. One nation
under God, indivisible, with liberty and justice for all. >> Next, we have the approval of the final agenda. Just a couple things. where uh Chris King is here from Anchorage Advisory Committee and we have Beth Cahill here to present the check from
what's up FMB. Uh also the FDOT people for the landscape updates and the presentation are running a little bit late so they're not going to be here until a little after 10. So we'll pop them in whenever they get here so that we can get them on their way. Is there any other changes to the agenda or
>> Thank you. Thank you, sir. >> Or a motion to approve the final agenda. >> Move to approve. Second by councelor King, seconded by councelor Mlan. Any further discussion? All those in favor signify by saying I. I. Opposed. Hearing none, that motion carries unanimously. Next is public
comment. Got any cards? >> I have nobody signed up. >> Is there anyone here that would like to speak in public comment? Okay, seeing none, we'll close public comment. Local achievements and recognitions. We first have a proclamation for safe voting week. Um
Paul Borick I believe is the one he's the vice commander from Fella 91 on Fort Myers Beach uh US Coast Guard Auxiliary. He could not be here. I don't know if anyone else is here in his place but Curtis is going to Okay, I will read this and then pass it off to Curtis.
Town of Fort Myers Beach proclaim proclamation. Whereas the town of Fort Myers Beach in Lee County, Florida, which its beautiful year-round waters and miles of saltwater, tidal, coastline, rivers, bays, canals, provided many provides many of the needed outlets for recreation and
relaxation to its residents and people from around the world. And whereas recreational boating is one of Florida's leading outdoor activities with more than 50,000 registered bodies in Lee County alone, distinguishing Florida as the boating capital of the world. And whereas every year lives are lost in
boating accidents in spite of the educational efforts of the US Coast Guard, the US Coast Guard Auxiliary, the US Power Squadron, Florida Fish and Wildlife Commission, and local agencies. And whereas federal, state, and local agencies and private companies and groups have combined their efforts to
reduce boating accidents by developing and executing safety training programs such as Boat Smart, Boat Safe, and Your In Command. And whereas the sponsors of these programs has focused their efforts towards the youth and general public of Fort Myers Beach, Florida, urging them to enhance boating uh pleasure by
avoiding alcohol while navigating and ensuring vessels carry emergency distress and communication equipment and participating in free boat safety checks to avoid possible loss of life while reducing the loss of property and marine accidents. And whereas a significant number of boating fatalities could be
pre prevented if individuals wore life jackets. Now therefore, be it resolved that the town council of the town of Fort Myers Beach, Florida, does hereby designate May 16th through May 22nd, 2026 as Town of Fort Myers Beach Safe Boating Week, and urges all citizens to
join in learning and participating safe boat boating by wearing a life jacket, taking boating education courses, getting a vessel safety check, operating their vessels responsibly, safely, soberly, and obeying Coast Guard regulations. given under my hand in the seal of the office of mayor this 18th of
May 202026. Curtis. >> Thank you, mayor. I'm uh I'm for the record Curtis Lewig Harbor Master. Um I am here um on behalf of the Coast Guard Auxiliary. Um Paul and Paul and his
crew, I'm not sure, but was was not able to make it. So, um I'm here to to accept the pro proclamation on on behalf of the uh Coast Guard Coast Guard Coast Guard Auxiliary. >> Auxiliary. >> Yes. Thank you.
>> Trust me, I had the same problem. >> All right. Thanks. Come on up. Get it. We'll take a picture. You want to take a picture? Everybody >> got to take a picture. >> Got to take a picture. That's great. >> Perfect. Thank you so much. >> Thanks.
>> All right. Next, we have advisory committee items, reports, and appointments. Chris, come on up. >> Thank you. >> Good morning, town council members and town staff. I'm Chris RLE King, chair of the Anchorage Advisory Committee. It's my honor today to represent the Anchorage Advisory Committee and members
of the Marine Environmental Resources Task Force in providing a report about the joint committee meeting we had last Wednesday, May 13th. At the request of the town manager, we gathered to discuss a couple of items as well as conduct our regularly monthly business. The agenda items requested by the town manager were
consider recommendations for guidelines the town should consider to govern operations of potential water taxi and/or water ferry service on the island. Our remit was not whether it should be allowed, but to consider regulations to govern such operations. The second item was to talk about
whether the town's current policies around algae cleanup were sufficient or needed modifications. I won't be presenting our formal recommendations on either today as the committees have not reviewed and/or voted on anything yet. But I'll give you a flavor of what we discussed and what likely will be coming your way either in
June or when you reconvene in August. Regarding water taxi and ferry operations, the number one concern, and this is so relevant to what you just signed a proclamation for, what we discussed was enforcement of existing speed zones in the bay. And we acknowledge that definitions around
those different zones and the speed limits are very challenging and application of them differs by vessel size and shape. But this is not a new concern. I've spoken to you previously about efforts undertaken by Mary Torgerson as a concerned citizen last fall beginning in November. She convened
stakeholders from pod protectors, the chamber, LCSO, FWCLE, USCGA, that's the Coast Guard Auxiliary, the town and marine operators and others to discuss this issue. There were a number of positive outcomes from the
meetings that Mary brokered, including the creation of a speed zone map that's posted on the chambers website and is lovely laminated here. We handed those out at the cruiser appreciation day. Um, it's posted on the town or I'm sorry on the chamber site and we would issue or
we would request that you also post it on the town site because I think it's a handy dandy map for people to be able to access. My understanding is that work also is in progress to create an app that will allow voters to easily see where the speed zones are. So, there are
educational efforts in progress, but there also needs to be enforcement, increased and coordinated enforcement efforts because speed kills manatees, it destroys seaggrass, it damages shorelines and seaw walls, and it damages boats at marinas and in our
moing field. Our committee strongly urged town council to get involved in creating a more robust, consistent, coordinated effort around speed enforcement in the bay. If there's one thing that we all agree upon that we would like you to do, it's that. Other considerations that likely will be
coming your way and included in our recommendations around the creation of a permitting process would be including establishing it in alignment with existing permitting for other similar water related operations. I know that you already have permitting processes for things like water rentals, uh, tour
operators. So, don't recreate the wheel, but consider what you've already got out there and make accommodations based on the different types of operations. Maintaining compliance with all existing federal, state, county, and local laws, regulations, ordinances, and licensing requirements. It sounds a little bit
like what you hear on an airplane. Establishing a maximum number of licenses, permits, operators allowed for each type of enterprise as well as the maximum vessel size allowable. Establishing a fee for the right to operate and or use any town facilities with special consideration around
parking at docking facilities. We know that parking is an issue on the island. It will become an increased consideration and problem if we think about where we want fairies to land. minimum levels of insurance and liability cover coverage required and
any restrictions on hours, days, months of operation as well as complying with existing noise loud music restrictions. So again, those aren't our recommendations, not formal recommendations, but that's what we discussed and I think that's likely what's going to come to you on the
second item, algae removal. Again, not a formal recommendation, but based on our discussion, the sentiment was that the existing town policy is adequate adequate. think about um making sure that that policy applies to the entire island equally, that there isn't more
weight um placed on certain areas of the island, north or south. The policy also, we think, should allow for staff to use its best judgment under any special circumstances and based on available resources. Staff should be allowed to make common sense decisions, particularly when concerns of safety,
health, or negative island perceptions might come into play. Again, not our formal recommendation, but that was the sentiment discussed. And I'll just couple uh call out a couple of other member items of note. Um there was support for AAC member Sam Lur's request
to consider alternatives to fireworks in the future given environmental safety and health concerns. Before the town moves ahead with any future fireworks recommendations and discussions, we'd like you to look into alternatives like lasers and drones and do some due diligence on the pros and cons of these
alternative approaches. There also was support for MURF committee member Jennifer Rusk's request to increase enforcement of regulations for property maintenance. Now that we're heading into rain and hurricane season, it's even more important to make sure that unsecured debris doesn't blow around and
wash into our storm drains or waterways. We appreciate the opportunity to hold joint meetings to discuss items of overlapping interest. We'd like your continued support to do so. We think scheduling these on at least an annual basis is very helpful as there are things that you know cover both of our
areas of interest. I thank you for your time and I'm happy to answer any questions. >> Thanks Chris. Mr. King, any questions for Mrs. King? >> I'm sorry I wasn't listening. >> Nothing new, ladies and gentlemen. >> Scott, >> no. Great work. Thank you, Rebecca.
>> Yes, Chris. Um, do you plan to meet again your next meeting as a joint meeting? >> No, we will I have drafted up recommendations based on our discussion and so it will be sent to each of the committees. Um, MURF meets on June 10th. We meet on June 22nd and so we'll, you
know, discuss and vote and sort of put something together then. It likely will be August because I don't think we'll get something to you in time at the end of June. >> Okay. Then my next question would be um I'd like to hear more at some point about fireworks and how they impact um
the environment. >> Oh, absolutely. >> We can educate ourselves and we can educate others. So that was interesting. >> Yes, I think uh member Luri would be happy to put together more information. >> Perfect. Thank you, >> John. Uh, no. I was uh I was president
at that meeting along with Council Member King and I thought the uh the joint meeting was a really uh I thought it was great. I I think annually is probably not enough considering the overlap that you guys have, but that would be something I would consider. Thought it was very productive. >> Yeah. Thank you.
>> Thanks. Great. I have nothing to add. All right. Great job. >> Thanks so much. >> Thank you. Have a good day. >> All right. Beth, where's Beth? She's hiding back there. Good morning. My name is Beth Cahill. I'm treasurer of What's Up FB and I'm
honored to be here today representing our organization. I'd like to share the following statement on behalf of Don Miller, president, and Karen Woodson, vice president of What's Up FB. On behalf of our board, our volunteers,
our business community, and the many residents and visitors who contributed to this effort. Thank you for allowing us to be part of this year's Fourth of July celebration. What started as a fundraising effort for fireworks became something much bigger. It became a
reminder of what this island can accomplish when a community comes together. We are incredibly grateful to the town of Fort Myers Beach for partnering with us on Freedom by the Bay and helping create an event the entire
community can be proud of. Together, this community helped raise more than $129,000 to support the fireworks display, barge operations, permitting, parade support, and event logistics for this year's
celebration. This contribution represents community spirit, collaboration, and a shared commitment to keeping traditions like the Fourth of July celebration alive on Fort Myers Beach. It is truly an honor to present this contribution on behalf
of what's up FMB and the Fort Myers Beach community. As always, say Fort Myers Beach is stronger when we work together and this is proof of that. Thank you.
>> Thank you, Beth. >> Now you got to come up and be in the picture since she left you out of it. Jeff. Jeff, why don't you come up and accept and in front of we can take a picture. Nora? >> Yes. >> That's a big check. >> That's a big check. >> You going to put it on the barge?
>> ATM. >> That is the barge. >> That's a big big check. >> Thank you so much. >> Thank you. Thank you. Oh, your hands are cold. >> Thank you so much.
>> Thank you so much. >> Congratulations. Thank you. >> Oh, okay. >> Nice. >> I don't I didn't get your name, sir, but please come up. Please come up and uh you missed the proclamation. Curtis Curtis has it for you, but just let us know who you are. >> Well, thank you very much. I'm John
McGary. I'm with the uh Coast Guard Auxiliary for Fort Meyers Beach uh flotillaa 91 and we just want to thank you guys for making boat safety a priority and uh it we're so excited to
help out um but um we're more excited to help when it doesn't involve a tragedy. So, thank you for making a priority. John, thank you for coming out and thank you for all the work that you and your team do to to keep us as safe as we can. >> Anybody hold
>> You wanted to redo the proclamation photo with him here. >> Yeah, love to. Is Curtis still here? >> Where did Curtis go? >> I think Curtis is gone, but we can hold an envelope and then we just won't have >> Yeah, let's do a picture. Just hold a piece of paper. >> Yeah,
>> something that looks like a proclamation. >> Well, in in today's day and age, >> this is a good good blank envelope. Here you can hold this up like >> someone can photoshop that in, can't they? >> Abby, I have all the confidence. >> Use the blank side.
>> Yeah. >> Abby, can you take 100 pounds off? >> Photoshop. >> Yeah, she can Photoshop it in. >> Oh, >> thank you. >> Thank you, sir. >> Thanks for everything. >> Thank you.
>> That's actually my document, though. He's >> taking it later, gentlemen. >> Thank you very much. >> Well, it was your document. >> That was his big town council paycheck. >> Yeah. >> All right. Next, we have the uh
approval. Uh we have to move the but the bridge project landscape. I don't think that they are here yet. So, we will move on to the approval of the minutes from the town council meeting of May 4th, 202026. >> Is there a motion to approve? >> So moved. >> A motion by councelor King.
>> Second. Seconded by Councelor Link. Any further discussion? All those in favor signify by saying I. >> I. >> I. Opposed? Hearing? None. That motion carries unanimously. We have nothing on the consent agenda or anything to be removed. Which brings us to our first uh
public hearing. This is ordinance 26-08 charter changes. This is a legislative item. Agenda item is a first reading and public hearing on proposed ordinance 26-08. If approved at first reading, a second reading and final adoption hearing will be scheduled for June 1st,
2026 at 9:00 am or another time identified by town council. In an ordinance of the town, an ordinance of the town of Fort Myers Beach, Florida proposing amendments the for amendments the Fort Myers Beachtown Charter proposing charter amendments. One, mandating ordinances requiring
disclosure in quasi judicial hearings and prohibiting unlawful gifts. Two, revising revising the town council compensation process. Three, revising the term of the town council seats filled by appointment. Four, clarifying the service of the interim mayor. Five,
clarifying the qualifying period for town council candidates. and six, providing for the use of the Lee County Canvasing Board, providing for referenda on the proposed charter amendments, providing for ballot titles and ballot summaries for such referenda, providing for direction to the town clerk and
coordination with the Lee County Supervisor of Elections, provided providing for filing the revised charter with the Florida Department of State, and for providing the four findings, conflicts, severability, and an effective date. >> Who? >> Me, >> Nancy.
>> Good morning. Um this is on uh page 19 if anybody's following along on the agenda. Um this is the next step to implement the recommendations that were made to you at your last meeting from
the town's uh charter review commission. Um this was at that meeting um there was a letter that they sent to you recommending um several changes which I will go into a little bit more detail on. Um, and your direction to me was to
bring it back in the form of an ordinance, which would be the next step, or try to figure out if there was any way administratively that we could, um, implement the recommendations. And so, u, I did that. I worked with Wade Vos on
this. Uh, it was a little bit of a heavy lift, and I'll show you why. Uh but we got through it and um we were not able to find any um administrative type resolution um to the recommendations
that were made. So just to walk you through the ordinance, there's a number of whereas clauses kind of giving you the legislative background to it. Um the uh proposed referendum addendum is on
exhibit A which begins on page 23. So these these are the five um make sure there are five. >> So we put one on each page to make it easy. Um and the when I say it's the
heavy lifting, there are some specific statutory requirements that um proposals to be placed on the ballot have to comply with. So we took the concepts and we um came up with titles to the
questions um cannot be more than 15 words. Then we came up with a ballot summary which is uh what you'll see is not bold. uh that cannot be more than um 75 words and we had to basically
encompass the concepts of what the charter review commission uh provided to you. Um there is a section still in Florida law regarding ballot language trans translation. So between uh first and second reading,
we will have the ballot title and the summary translated into Spanish. And on second reading, you'll see that inserted there. Uh we did not put it in at this time because there might be a little bit of changes that maybe you want to make
to the wording. Um giving you that that opportunity. I would ask that hopefully no changes be made to the title of the ordinance itself. We are somewhat on a tight uh
timeline to get your final um ballots questions to the supervisor of elections. Um the town clerk in her wisdom uh we have a little bit of flexibility but not a lot. However, we do have flexibility in the actual
wording but not changing the title um of of the ordinance itself. So the first one um question number one is on page 23 and this uh the first one is mandating ordinances requiring the disclosure in
public in quasi judicial hearings and prohibiting unlawful gifts. Um we do already have some of those ordinances in place. However, by putting it into the charter, it really emphasizes the need for transparency in uh quasi judicial
hearings and again rein reasserting the um the prohibition against unlawful gifts. The um what you see at the bottom under 3.01, 1. This is where the actual language would change in the in your
charter. So, question number two is revising the town council compensation process. And what this one does is basically creates the compensation committee that consists of five residents of the town to be appointed by
the town council and to make recommendations back to the town council for compensation adjustments. And that would be no later than 3 months prior to the date of the next regular election. And then the town council can
uh revise uh the compensation by ordinance. >> Nancy, quick question. So this goes to the referendum for for a vote. Do they see just the the the revising the town council compensation process under the ballot proposal or do they see the the
strike through and the underlying part of it as well as to what it was and what it would change to? But it will be just will they just see >> I believe that they will just see the question and the translation. I do not think that they um see the text
revision. Okay. >> Itself. Um but I will I will double check on that and report back to you at your next meeting. Um so moving on to number three. This is revising the term of the town council
seat that becomes vacant um and is filled by appointment. Um this would extend the term through the term of the vacated seat rather than the next regular election. Number four was kind of interesting. Um
and initially we thought there would only be like one section 4.08 08 that would have to be amended um to implement this. Uh on further review, we found that section 4.02 for
the mayor and 4.03 for the vice mayor referred to an interim mayor. So what we did was we went back and we changed the question um that the um shall the town of Fort Myers Beach
Charter be amended to clarify that upon a vacancy in the council seat of the council member serving as mayor, the vice mayor shall serve as interim mayor until the next annual appointment of a mayor. Um, and that pretty much
addresses the um the transition um in the event that there is a a vacancy because the office of the mayor and the vice mayor is uh appointed or is selected by town council
and changes um in November. Number five is concerning the qualifying period. Um and this one uh provides that it is the Lee County Supervisor of election can uh determine a candidate qualifying
period um pursuant to the interlocal that we have. Number six, see I said there were five. There's actually six. um provides for the use of the Lee County canvasing board which has also been um used for uh
canvasing uh of votes because of the interlocal that we have with the supervisor of elections. So I think that that pretty much um implements what the direction was at your last meeting and with that I
would ask if there were any additional questions. If not, I would look for a motion to move it on to second reading. >> Councelor Mlan, you got any questions for Nancy or? >> No, Nancy, thank you for for taking the deep dive in whether or not things could
be done administratively. Appreciate it and understand completely that uh the language is as required. No questions. >> Thank you, >> Link. >> I do have questions. I was hoping that we would uh review each one of those six
items and uh make comments agree to move them forward. I have I have some concerns with some of them that I would like to express. >> Okay. >> Um >> go ahead. >> Thoughts about if we should go through each one or >> if if that's your if that's your wish.
>> So, uh first thing would be just a housekeeping. Um I want to thank the committee as well. They did an awesome job. If I watched that meeting once, I think I watched it three times. Um, on the chair's letter
to us on page 32 of 806 under compensation, they talk about commencing in 2027 and no sooner than every four years. However, uh, under that particular item,
uh, it discusses three a three-year cycle. So, there's a discrepancy there. Um >> could you be a little more specific as to where you're suggesting the proposed change occur? >> Yes. >> Um maybe on question two.
>> Yes. So that would be question two. Well, let me start with question one. My first question is the change says unlawful gifts. Aren't unlawful gifts already unlawful? So I'm not sure what that means. Are
there lawful gifts? There are lawful gifts which would be less than the $25. >> Less than the 25. Okay. >> So, I I'm fine with that. Um, two, council compensation. Um, this one is this one is the one I have a problem with and I'd like to see if there's a
middle ground. I spent a lot of time on this and I understand where the committee is coming from. I see um inflation as a real thing. I don't see our compensation
as something that should be equal to um the broader market, you know, the professional market. I see it as something that is part service and part compensation. So um I don't support uh question two as
it is written and would like that to be discussed. Um, I'm afraid if we move conf compensation to this model because we would be appointing the committee who will decide our compensation that could start to erode public trust.
>> Well, I I I think that's where you're confused. So, the committee would make recommendations much like the charter review committee did here and then it would be up to the council at that time to make the ultimate decision to affect the council coming in after that. So, the committee wouldn't be making the changes. It would have to come
I I agree. I totally understand that and I I appreciate that. What I'm talking about though is we are looking to move this out of the charter. Take a dollar figure and move it out of the charter and move it into the hands of a um a
committee that we appoint to make recommendations that come back to us. That is a very different model and that is a big change from how we've done things in the past. So, I'm not looking for us to not be compensated. I'm just
looking for the way we go about it. Um, so that's that's what I'm looking for. >> What would be your recommendation >> that So, good question. Thank you, John. So, my recommendation would be that we keep a dollar figure in the charter. Um,
and maybe we add cola to that. So, it hasn't happened in a few years, but it is a set number that is not uh in line with what the market would pay for our roles, but it is in line with other towns like ours. My research showed that
we tend to fall into a small town category where we are more serviceoriented that this role is a job that we do for public service. So, we should be compensated, but it's not something that we would look at like employees who
would be compensated for their tasks and what they do and how many hours. I mean, look at the mayor. There's there's there's not enough money in here for all the hours he spends. So, um I'm looking for something that stays common to our town size. when I see us moving to the
type of model that is suggested here that that tends to go for larger towns under an awful lot of professionalism coming in changes towns like Tallahassee have moved to this model. Um, so I'm
looking at a cola adjustment for a number that should be in the charter and then perhaps every two years or four years um we can bring a referendum up if we need to that we think we want to change
anything that would be past a cola adjustment if that makes sense. So we're asking the community to vote on yes, you're allowed more than cola would allow. I I guess I'm struggling a little bit to understand. I think everything at least what I heard that you've mentioned
is covered in in the way that it's written. The the set number is there that is not leaving the charter. The set number I think what this does I agree with you where it said you know it says three years but in the recommendation it says to do every four years and the way
this is written it could be confusing that it's going to be every three years which would not align with the elections that would happen every four years. That's just a simple wording change, I think. But what this does, at least in my mind, is it it puts together a committee that makes a recommendation.
It could be that it could go up one year, it could be that it could go down one year based on the committee's recommendation where the council then ultimately votes on it. To me, it allows flexibility. Um, you know, I don't I'm looking to you to you brought it up. So, I mean, does anybody else have any
concerns with how it's >> written? I'd like to hear um so it doesn't the number doesn't stay >> the number stays in there the >> well no it says effective November 4th >> but the the first part where the first line where it says effective April 1st that line is not strucken out so that's
going to stay in the charter that would be the baseline that you're referring to as far as a compensation amount that won't change all that's changing is that a committee will be formed to potentially discuss an increase or no increase based on the situation we have at hand at the time and then that
recommendation much like this would come to the council at the time to make the recommendation. And I think if and Scott, please correct me if I'm wrong, at least what I heard in the explanation in the meeting was that the council that would be voting on it wouldn't benefit from it unless they were reelected should they be in the middle of their
first and second term. So, it wouldn't be something that they would benefit from. It would be the next council. >> I to I totally understand that. I I get that. >> Yeah. And the other thing is cola really doesn't I mean it's it's about the best we can do but it really doesn't match inflation especially when there's when
there's high spikes like we witnessed a couple years ago. >> Right. Right. It's it's an overall you know formula. It doesn't really it it >> yeah I just see it as um we are moving the compensation process to an ordinance
and we risk moving from a public serviceoriented model to a professionalized um model that is more in line with you know what HR would do for staff you know what is this job how >> you say you say large towns Naples has the same thing they call it a blue
ribbon committee >> right and Naples is much bigger than us a lot more revenue I'm concerned that we could appoint a committee. >> We would appoint the committee >> who will make the recommendations the very
>> they're just making a recommendation just just as the the charter review committee made recommendations. So, and the way it was written to insulate us from any political backlash, it's it's they're they're going to look at it objectively. They're going to look at,
you know, the the issu one of the issues with them was that this job is a whole lot different than it was six years ago. >> I agree. >> I mean, we're dealing with >> 10 years ago >> or 10 years ago. So, >> so they want to, you know, do do an
objective analysis of of what our compensation would be >> and I I you know, they they worked long and hard on this and I >> I agree. I >> but I I I understand your concerns and I and I appreciate them. I I don't you know John asked what what would the
alternative be? So um and they talked about what the alternative would be in going with cola and they you know mo most of the the the banker guys and the the business people on that committee said yeah cola just doesn't doesn't match up with real inflation especially
when there's spikes. >> So >> I I I hear what you're saying and I respect your opinion. I disagree. Thank you. Yeah. I know you do. Thanks. >> So, what is it? I guess if you would change it, what how would you want it word? Again, this would be going to a referendum. So, the public's going to
decide whether or not this is a good idea ultimately, >> but if you don't like the way it's written, how would you rewrite it to to feel comfortable with it going to the referendum or or do you think this entire section should not go to the >> No, I do I do think it should. I absolutely do. I think the voters should
weigh in on almost everything. Um, so my middle ground preference, I made myself some notes here. So, I think I would like to see us recalibrate the compensation to a current reality, you know, supporting what Scott is
saying, add the lost cola that hadn't happened over some time and come up with a a number that everyone agrees with. But then I believe that the compensation should remain serviceoriented, not, you know, like for like jobs with
other cities larger like Naples. I mean, they've got a lot more revenue. Um, and I would like to keep it in the charter. So, the base amount would be in the charter, a new amount readjusted in the charter, and an automatic CPI every two
years or four years. So, any increase that we're doing CPI would then go to a referendum. >> We're doing CPI adjustments every year. Is that correct? >> Yes. Tisa Alivera, human resources director. For the record, I do just want
to clarify that the COLA has been in place for the town council members since October 1st of 2024, and it is consistently issued out October 1st of every year. >> Perfect. Perfect. Okay. >> So, that's what I'm saying. I'm saying readjust the dollar amount that is in
the charter and add that anything above the CPI or a cola if you want to think of it as consumer price index or cola that would go to referendum. >> But Rebecca, if we were to adjust the baseline, that
would be >> taking the taking out the entire reason of the committee to actually make an recommendation. We that that was one of one of one of the issues what one of the issues they had was they they they
couldn't come up with a number there just the charter review committee and and for us to come up with a a number that's why you know the consensus actually wasn't consent everybody agreed that a committee even though we appoint them would would be probably the the
best best route to take. I would like to think that this council would appoint people that are a member of the audit committee, a member of the stakeholders that are actually watching the budget. And I don't think anybody is
suggesting that it not be primarily a servicedriven. This is why we're all here for sure. Um I I don't see any career council people here. Um this >> Right. Right. >> Well, let me throw this out. Just a
random thought is what if if the issue seems to be the council selects the committee. We've already got committees. What if if each committee, to your point, John, the audit committee, the LPA, someone that's already been appointed to a committee, sorry, from the council,
>> makes the decision as to who could be appointed to this committee. So, a committee member then would serve on this committee versus the town just selecting five people. We've already selected a board of people to sit on these committees. just an idea that would help take the council out of
selecting the people that are going to make recommendations on potentially theirs or the new council's compensation. >> But wouldn't they still be appointed by town council? >> They would still be appointed by town council, but the town council wouldn't be selecting then this specific committee >> counselor would not. >> Yeah. So the the
>> and that's and that's always bothered me in the past in other areas that uh um >> elected officials selected who they wanted to look at their own compensation. Uh that being said, some did vote against there always seems to be a recommendation for more money and
I've seen in the past where folks did vote against what the the commission recommended for their pay increase. Uh, I think it's a nice safeguard in there that it doesn't take effect until the next council. And I'm okay with moving this to the to the voters to let them
decide. Now, mayor, I did I thought I heard you say that the commission could uh the committee could recommend lowering your your your pay, but if it's in the charter, I don't think that would be possible. Well, I think it's you couldn't recommend it below what the base number that's already in there, but
say 5, 6 years, 10 years, 20 years from now, it gets adjusted for whatever the circumstances are. >> And those change, they could make a recommendation for it to come back down, but not to go below what is in the charter. >> Now, would that ever happen? Who knows? But, >> you know, a lot can happen in the next
20, 30, 40 years. >> And I'd like to be around to see it. Mayor, I like your idea of um pulling from each of the committees. It really just insulates us one more level. >> If Nancy, I don't know if that's even possible, >> feasible. It just
>> So, I just asked our town clerk who works very closely with our committees. Um we have six committees and also an LPA. So, six is kind of a bad number to have uh for voting purposes. Um, and
then the LPA, I don't know if you want to include them as well. Then you would have seven. >> Couldn't we do just like you did with the charter review commission? You'd have five. >> Was there and then two alternates? >> Should one not be able to be in the meeting? It seemed to work really well with did >> the charter commission for people that
couldn't make a meeting. They could have someone fill in. >> Yeah, you could do that. >> But they were they applied to be on that commission, right? >> They did. And they were selected by >> And they were selected >> and it was just an idea. I >> Yeah. No, I I mean I I'm the one who said I thought that the audit somebody
from audit should be on it and I would think that they would be a good candidate, but um >> just they're also look they're also you somebody on the audit committee would know what what our you know budget is and you know not make some crazy oh we
should all make quarter mill each when there's no money there. Right. Right. I mean it they I I agree with >> what about if it is the chair of the committee at the time because I don't think we would be nominating people for
committees thinking that their body will you know be picking that chair that may help me later two years down the road and that way you kind of just have whoever that committee has put in their seat. The only concern I'd have with that is maybe the chair doesn't want to be involved. Maybe someone else would
want to be involved or have the time to be involved. >> I I think that I think that the interested characters and believe me, I I there are people in our community who are
recently retired partners of big four accounting firms, right? They may not be serving on any of our committees and they may the be the best possible resource for a commit a commission like this >> or or somebody with a strong HR
background >> a well exactly I'm saying multi all of those types of experiences are probably not correlated in any way with being on for example the anchorage advisor >> and there probably people out there they're probably people out here you know just like Jim Bum who who served a
number of years in public service for other communities. >> Correct. Yeah. I I I don't I don't think we should hamper ourselves by stating that it would either be somebody from each committee. They may not have an interest. They may not have
a background that's relevant. Um, and there may be people outside of those committees that are better >> suited >> suited for the committee both by desire to provide their input and recommendations and and and
give of their experience as well as the folks that may be on very specific committees because of a very unique interest in environmental concerns or cultural issues or what have
you that have no interest at all in compensation matters or have no background in HR or financial services or anything like that. I don't honestly I don't believe we should do that. >> Yeah. And I'm I'm just threw it out there as a suggestion to maybe help
alleviate some of the the the concerns that Rebecca has, but I'm fine with the language that it is at the end of the day. Ultimately, it's going to come down to the voters to decide whether it moves forward or not. So, >> right. >> I mean, >> right. >> I guess we'll just do a consensus. No offense, Rebecca, but if the consensus is to move it forward, then we'll move
it forward. And >> you know, if between now and second reading, you come up with some different wording that we could discuss, um I think that would be the best route. >> No, I'm I'm happy that I got to to speak about u my concerns. So, thank you. That's >> Rebecca, you said you had a a few others.
>> I did. So, uh, number three, um, I'm wondering why we would think to move this. Um, this is the charter amendment revising the term of town council seats filled by appointment.
So, this is changing it from um, John, we appointed you, we love you. This is changing it from the next election, putting it in the hands of the voter or staying in this seat for
whatever that term had left. Now, in this case, it's months. What if it was three years? We would be taking someone that we chose and putting them in a seat for potentially three years or a long period of time, two years. I don't like
taking that power away from the voter. Um, so that's that's why I have uh I have some issues with that. Um, I think under our intense redevelopment issues and um our I just don't sure a major
policy shift like that is is a way to go. I don't think um the I think the voters should choose who sits here. I think we need to put someone in there in an interim so we can do business, but I think at the first election the voters should weigh in.
That was that's just my comment on that one. >> You know, this one I did share that same concern that you just raised. You know, the voters are the ones that vote us into these seats. You know, it is our responsibility to put someone in there to fill it. I and to use John's
not not to use you John but you know in John in John's case this scenario if this was in place now he would be there until 2028 until Jim Adherol's seat was was vacated or come up for another reelection. Well actually he'd be and and that's where I have a the reason I have concerns with this is let's say
this was in place Jim steps down. John comes in. He's going to serve. Does that mean that that is one entire term or does he allowed to then run two consecutive terms after that because he was appointed? >> Well, that opens up >> not to and I think that needs to be discussed here because I don't know that
it was discussed maybe I missed it in the charter is >> you know or Scott for that matter. >> Scott was appointed when when and he was reelected. So is this now his second term or does he get to run again for another four years after this? >> That's not spelled out in here. So
someone could potentially be in this scenario >> 11 years. 11 years and 364 days in the seat because there's nothing in here that says that they can't be. And that's I think this needs a little bit more tweaking to address that. Well, if I could,
um, I think the concern, Scott, I I'll defer to you, but I think the concern was that we maintain the every two years having a turnover of >> either >> 32 >> 32 or 23 depending on what it was. And
and I >> I think what we're saying is >> the the main reason for this is because you the the fear is When if you lose that 32, all a sudden you've got 41 or 5-0,
you there's there's always political swings and this and pendulums moving back and forth and the 32 kind of negates that. So it keeps it kind of middle of the road instead of one whole group puts everybody in and then you're you're with them for four years. Whether
you like them or not, you're stuck with them for four years. So the the thought process was with the 32, you keep that pendalum a little bit in the middle. >> But are we really removing the 32? So if
>> if John is in this seat till the next >> potential potentially, Rebecca, because if if Dan something happens to Dan or I, knock on wood, it's not, you know, next couple months, our seat could go up based now. we we'd replace one of us and
then um four seats would be up for for election right now in November. It could potentially happen. That was >> that was one of the reasons they they they put this in there to keep that 32, you know, every two years it's three or two instead of the the wide pendulum
swings. But again that you know that the people can vote on this and if if it's it's always the will of the people. >> You're right. You're absolutely right. You are right. They have the ultimate say in this at the referendum. >> Yeah. This is this isn't you got to got
to remember that the charter review is is not changing the charter. We're not changing the charter. At the end of the day, it's the people that that changed the charter. These are just recommendations and things to be put on the ballot for for the for the citizens
of our town to to decide. >> I agree. And this is I'm using this as an opportunity to to probably put my thoughts out there in the public. >> Well, >> but you're right. It's the voters who will decide. >> It is, but I think you have to give the voters enough information to go on and
make an educated decision >> and it's hard in 15 >> and this does to me this is not enough information from a voter perspective. If I was voting on this, I would have the same questions that I just raised. So if Dan gets elected and the next day something
happens and you appoint Rebecca, does Rebecca then serve that in if this passes? What this says is that Rebecca would serve the entire remainder of that four years and then she could potentially run for eight years after that, four more years after that and then four more years after that. the
intent. So to me, it's kind of fighting another part of you can only run two consecutive terms. And I I'm not opposed to how this is written, but I think there needs to be more detail in it to spell that out. >> So Nancy, is there an ordinance in place that handles this? You you can't serve more
than two consecutive terms. >> And what is considered? >> And what is considered term? More than a half. But >> no, I I don't know that that um I don't think that was discussed that issue, but >> it wasn't it wasn't disc that you thanks
Dan for bringing that up that that we this was not discussed at all. So >> the term >> you know like my scenario >> we had a referendum to go from three years to four years. So you know there was extra time added to the councils at the time because of the referendum right
and to line up with the next thing. But in this scenario, as I said, you know, someone could theoretically get elected and within a week have a medical condition or decide that their life changes and they step down. The council appoints it. Now you got someone that's sitting in that seat potentially for up
to 12 years versus 8 years what's laid out in the charter somewhere else. So I think there needs to be something in there to determine is like in your situation, you were appointed, you were elected. I don't know that there's anything out there that says that at the end of your term that you can't run again
>> or that you can run again. I don't know that there's anything that spells it out either way. And I think maybe this might be the spot to put in there because if you're appointing someone, what does that look like on their eight-year potential backto-back run that they could do? >> It's a good question. I'm going to look for the the rationale here that um they did such a good job to give us because
I'm wondering what problem they were trying to fix. Well, I think it was to to and I don't want to speak for Scott, but I think it was to fix the issue where it was going to be two seats and now it's three seats, >> right? Jim and I and Scott all ran as the three
seats. It was always 3-2. Now that 3-2 is shifting. So, there's going to be three seats again up for re-election this November and then in 2028 there'll be two. So, it's >> Yeah, they they felt fine with that. What they were uncomfortable with was the 41 or the 5-0 where
you you you want >> so then maybe it needs to maybe the wording needs to be not to exceed two years because every two years there's election. So if you're >> right so then yeah I think yeah >> you know so if you >> you run the >> Well, I'm just trying to figure out if there's a way to put it in that
eliminates being able to be appointed for up to four years. So, if you get appointed, you can't serve for more than two years. And and it's not going to it's still going to keep at 32. It's just going to flip-flop it like it has done for us this year. >> So, if you get elected, say a day after
or get appointed a day after something were to happen to me or I had to step down, >> you would have to you would still So, basically, it's keeping the wording in there that the next election you would then have to run. So, it keeps the same thing as opposed to allowing you to run potentially three three terms. But, we
still need to address. So, Mayor, um the clerk, she she did find it for us. Um it's in section 5.03 of your charter. It says uh no member of council shall serve more than two consecutive full terms.
So, I think that uh if you are appointing to fill until the expiration of the full term, that is not a full term. So basically, so you can run you can run >> two times after your appointment after appointment. Okay.
>> Yes. >> But I think that should be in if we're going to be changing this. I think some of >> we could clarify that. Um that's not going to change the title. Um but we can change that wording just to because we've already added some wording. So we'll clarify
>> and I'm okay with that. I just wanted to make it easier for people that are voting on this whether they vote up or down that they understand >> it >> because I didn't until you just said that I didn't I don't think a lot of people understood what it meant for people like Scott that have >> been appointed or John that have been
appointed or Rebecca that have been appointed >> and now have the potential to run again. But since it's in there, it's still it wasn't very clear to me even reading what you pointed out, Amy, that anybody have an issue with her bringing back whatever she's going to
>> whatever NY's legal brain is going to put together, we can always adjust it again, but >> it's fine. >> Okay, I have one other question. Um, so on question three in section 4.08, 08 filling of vacancies. It says um right
in the middle it says the vice mayor shall assume the full powers and duties of the mayor. When you go to question four, this exact same section 4.8 filling the vacancies, it says um interim mayor, I believe. So
I'm not sure >> how does that work? That is correct. And this is the one that we really we we had to struggle with this one a little bit because of the fact that the use of the term interim mayor is in 4.02
and in 4.03 you have the vice mayor um where it already addresses um how to fill the vacancy of the vice mayor if the vice mayor becomes the interim mayor. Um, so it it just needed a little
bit to um to make that a little bit smoother. So in question three where it says um let's see here. In the event that the mayor becomes unable to fill the duties of office >> to question four.
>> I'm on question three. I'm going to start with question three. This is the exact You can read along along with me on question four and see where they change because they're both 4.08. 08. So, I'm reading three. You can look at four. >> Well, let me just um Okay, go ahead.
>> If we change the last two words in that sentence, interim mayor, should it be the same in both of those places? Do you see what I'm saying? On on page 10 of the document, under question four,
it says there's an underline as in Mayor. That would then apply to question three. It would say duties of the interim mayor. >> I'm not sure how we can have 4.08 filling the vacancies and it say two different things. >> Well, that was basically your initial
charter when it was adopted. But if you are to amend it, you can only have one topic. And the role of the interim mayor and the interim vice mayor is that's why we have two separate charter questions
regarding 4.08. >> I see. So if one passes then it would change the other one even if it didn't pass. >> No. So one might pass. Let's say question number three could be adopted and it would only be what's underlined
and strick stricken under number three. >> Okay. >> But under number four is where we address the issue of the interim mayor. >> The interim >> I got you. I see. >> And so if you want to make a change, it would be in number four, but it I think it's already um speaks to it there. Yes.
>> Thank you. Thank you for clarifying that that through me. And then I see um five and six as um just practical since the county does those. You'll be glad to know I don't have any comments. Thank you for hearing me out.
>> All right, Scott, I'm assuming you don't have anything to add to that. >> No, sir. >> John, >> I'm good. Thank you. >> Okay. All right. Public comment. Is there anybody in the audience that would like to speak at this hearing in public comment?
All right. Seeing none, we'll come back. Uh, is there any more discussion or motion for ordinance 26-08 to go to a second reading on June 1st, 2026 at 9:00 a.m.? Is it June 1st? The 3rd is the special meeting, right? Okay.
>> Yes. Um, I just wanted to make sure I know what your changes are. I'm basically going to let you know that the body is not going to be I'm just going to confirm that that's not going to be on the ballot. the ballot summary will not just the questions. Um and then uh
we are adjusting in number two uh 3 to four >> and I think that's it. >> Yes, >> mayor. I'll move ordinance 26-08 chartered changes. >> I'll second that. >> Got a motion by councelor King, seconded by Vice Mayor Safford. Any further
discussion? Councelor King >> I. >> Vice Mayor Safford. >> Councelor Link >> I. >> Councelor Mlan >> I. I'm an I as well. That motion carries unanimously. Looks like we've got F dot here. You guys want to come up now? We'll jump back or do you need more time? >> A little bit more time. We got
>> All right. You just you just give us the nod when you're ready and we'll because we're moving on to administrative uh agenda items. So, the next item is we're on to administrative agenda. The first item is a special event, Coastal Cars and Coffee. This is to approve of a special event for the Coastal Cars and Coffees
Classic Car Showcase to be held on May 23rd, June 20th, July 18th, August 15th, and September 19th, 2026 at Santini Plaza located at 7205 Etero Boulevard from 8:30 a.m. to 11:00 a.m. as
requested by what's up FMB including authorization for the reoccurring event and the rental of 22 parking spaces at beach access 36 wasting wastina away wasting away for overflow parking subject to further approval by the Fort
Myers Beach Fire Control District and Lee County Sheriff's Office. Beth, anyone or >> Yes, Mr. Mayor. We do have representatives of what's up FMB here. If the council has any questions this request, staff has reviewed the request. We're still waiting for uh final
feedback from Lee County Sheriff's Office and the fire district, but we don't foresee at this time any issues. >> I I have a question if I may. I >> I'm I'm still kind of perplexed as if if the events being held at Santini, why
are they renting 22 parking spots at wasting away? >> Come on. Whoever wants to >> I'm just that's just my question. My guess is it's for the after thing at that. Okay. >> Or Nora. >> Yes.
>> Go. You have to step up to Sorry. >> You have to step up to the mic. >> Thanks, Beth. >> Like that's a that's a big party from here down all the way down the whale. >> Yes. >> But it is for when they go to lunch at the well, then they'll need extra parking across the street. >> That's what that's for.
>> Okay. >> Okay. >> That's easy. >> And you're asking to rent the spaces, not >> give up >> give the give up the spaces. That is correct. Okay. >> Well, if you want to give them, it's fine. >> I just I was just clarifying what you asked for. That's all. >> I would remind the council that they
just gave us a check for $129,000 and that perhaps we shouldn't be charging them $5 an hour times 22 >> as a suggestion. >> Well, that's Beth. >> I agree. >> Just trying to give you some helpful
things for maybe your next event permit. That's all. >> Uh, John, you got any comments? >> Uh, no. This is a wonderful event and I really look forward to seeing cars that I would love to aspire to own. >> Well, some of them.
>> Some of them. >> Yeah. Rebecca, >> no comments. No questions. >> Scott, that's all I had. John, >> thank you. >> All right. Would someone like to make a motion to approve? And well, we didn't really discuss it, but I'm assuming whoever makes the motion is probably going to make the motion, too. John, would you like to make a motion?
>> I would love to make a motion to move forward the agenda special event coastal cars and coffee for May 23rd, June 20th, July 18th, August 15th, and September 19th at Santini Plaza and the subsequent
drive down the boulevard to a party at the Whale. Thank you. >> I'll second that. >> Okay, discussion. The only other discussion that wasn't in your motion, do you want to allow them to have the 22 spark parking spaces at no charge? That wasn't in your motion.
>> That wasn't in my motion. I guess I would like to open that up for discussion. >> John, councelor King, what do you think about that? >> Still still mulling. >> Okay, Vice Mayor Safford, >> I'm okay with that based on the hard work they did uh doing
the fireworks. I mean, that's that's incredible how much money they raised that quickly and, you know, their commitment to the island. I think we can give a little back and show some goodwill and, you know, help their veno. >> Council Link,
>> I'm on the fence with that one. My heart says give it to them. My fiscal responsibility says how do we know when to to do for one and not the other? So, I'm pretty much a black and white on that one. And >> well, I Yeah, >> sorry. I see. >> Yeah. No, my my uh My thought process
was simply that we it's not this is something that we haven't done in the past for Taste of the Beach, other things like that. The town has has given up some parking spaces. You know, mathematically, if you look at these 22 parking spaces for the few hours, how is that going to correlated to what I think
the parking revenue will be on the 4th of July? Because now there will be fireworks because of their efforts. To me, it's a as vice mayor said, I think it's a it's a motion of goodwill at least on this one. Um, you know, >> yeah, I I agree. The opportunity cost
here for 22 parking spots, the amount of the amount of um and it's just not the 4th of July. People are be coming down, that's the center point for for the weekend, but people are going to be coming down Friday, Saturday, Sunday. But the entire weekend is now back. It's
not just just the fourth. >> And it's not includ It ends at 2 o'clock. So, I mean, you're only talking five and a half hours. >> No, no. These these parking spots aren't on the fourth. They're >> No, what what I'm saying is g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g giving those up for this event. >> Oh, yeah. Yeah. Yeah. >> Look at the the amount of revenue we're
look at the opportunity cost of the revenue we're going to be increased by the donation they made for the fireworks and keep keeping the fourth fourth of July going. I mean, it's not just that day. It's it's the entire weekend. >> Agree. >> And the dates and the dates are I mean,
they're in are technically our slow season. They're not in the middle of season. So, would those spaces even be full? I don't know. >> Mr. Mayor, I not not that I'm either for or against uh this. And I I obviously will follow the council's decision on this. Just a reminder, this is five
events, not just one. >> Correct. Okay. >> If we clarified, and thank you for doing that, mayor, the end time. I mean, I'm I might be okay with a limited time just as they suggested for lunch or something like that. So, I will amend um
my motion to include um approval of special event for the dates listed and um allowing the use of the wasting away
parking lot from the hours of >> Before Can I jump in? Can I jump in there, John? Just just to help you along based on what councelor King said, what if we we allowed it from the ending of their event 11:00 till 2:00 and allow them to
it's 22 spots. Mark those spots off as reserved for that small time frame. One to help alleviate town staff to know which cars are actually there for that. Then we have a specific time that we can put things out and take things back and we that helps staff. Yeah, we're going to have to block the parking
>> in the morning because we don't want anybody to be there. >> You can't do that. You've got you've got to allow, >> if I'm not mistaken, you have to allow for the the ADA spots there. >> That's That's correct. We wouldn't be able to designate those and we're we
have we have to leave those available, >> but the rest of the parking lot would have to be blocked in the morning because you're not going to tow somebody if they happen to be parked there beforehand. Yes. >> How many parking spots total there? Do we know? >> It's 22, I believe >> in in full. >> They're requesting 22, but how many total?
>> How many available spots are there? >> Probably about that. I don't think there's too many of them. >> Yeah. >> Yeah. I I we don't have to reinvent the wheel here. Either either they get it or they don't. I would like to amend so that we do provide the parking of wasting away for the days mentioned as
they are in slow season and this organization has done and will continue to bring so much to the island. >> Yeah, I think they're going to be, you know, the other thing too is these 22 spots, there's going to be way more than 22 people down there. So, I think we're going to make the money up on other
spots close by. >> Did your motion have a time in there, too, John? for the duration of the event >> till 2:00 >> from the 8:30 to 2. >> 8:30 till 2:00. Yes. From 8:30 till 2:00.
>> And can I ask um the recommendation on the agenda is also subject to approval by the fire control district and the sheriff's office. >> Yes. >> All right. Has everybody got that clear as mud now? >> Whoever seconded, do you accept the
changes? Councelor Link, >> didn't you second it? >> Yes, >> I second it. Yeah, I'm fine with the changes. Yes. >> Okay. Any other discussion? >> Are we clear? So, we just want to reiterate that you will have >> Okay, go ahead. We'll state it. >> There you go. >> As clearly as I can. Okay. I'd like to
move forward approval of the special event for Coastal Cars and Coffee Classic Car Showcase to be held on May 23rd, June 20th, July 18th, August 15th, and September 19th at Citini Plaza located at 7205 Estelle Boulevard from
8:30 a.m. to 11 a.m. as well as authorizing the use of the waste and away overflow parking lot from 22 spaces from the 8:30 in the
morning until 2:00 p.m. of that day subject to further approval by the Fort Myers Beach Fire Control District and Lee County Sheriff's Office. Okay, we got a motion and a second. If there's no further discussion, council mank. >> Councelor Link, >> I. >> Vice Mayor Safford, >> I.
>> Councelor King, >> hi. And I'm an I as well. That motion carries unanimously. You guys still technical diff? You're ready? All right, let's come on up. We're now going back to the bridge project landscaping update from FDOT. Good morning, gentlemen.
>> Need to push the button. >> Good morning. My name is Daryl Rashard. I'm with FDOT. I'm the district landscape architect and also the state transportation landscape architect for the state of Florida. Uh I was here about three years ago before the hurricanes and everything. We presented some plans and whatnot. Lots has changed
since then. We had some changes to the roadway configuration slightly and also of course landscaping. It changed due to the storms. And um we're here today to present the final plans that are going out to bid. Bids are due uh October 15th of this year. And we intend to be under
construction from about 30 to 60 days from that point on into the spring of 2027. uh completion probably be in spring 27 mid maybe summer 2027 depending on how the bidding situation goes out and how soon we can be under
contract with a contractor. So that said um we'll have a one-year establishment period for our contractor. He's going to maintain the project for a year and then after that TPI um Margaritavville will be taking over the maintenance after
that probably midsummer 2028 time frame. And so, uh, we have our design consultant, Mike Schulty, here going to present the project. And so, I'll turn it over to Mike. Then we have questions afterwards if you like. >> Thanks. Good morning, Mike.
>> Morning. How are you? >> Keep holding it. >> There you go. >> All right. Thank you. Good morning. How are y'all this morning? >> So, you can see on the screens, I believe. So, I'm going to have to see how I'm going to do this. >> We're We're just going to leave these boards with you after the presentation.
>> Thank you. But, uh, it's the same thing as what we're going to present. So, you can put them up public display after we do the presentation there. >> Did you provide a copy of those to the margarit people? Maybe they can display them at there. >> Yes, we've sent this. Okay. Images to
them as well. >> Go ahead, Mike. >> Oh, you don't have to hold it. You just got to press it. See, there's a little green. There you go. Now you're on. Excellent. Yes. Sorry. We've we've been trying to get this get get you guys all this. >> That's why you're landscapers, right?
>> Exactly. Exactly. >> So, again, the project um has has been reduced. So, we're going to we're starting at Fifth Street and swing out around in front of the beach. Um the project is we've we've simplified it quite a bit. We're um we have plantings
in front of Margaritavville that the with with palm trees with cocoa plum and with beach sunflower along along their row iron fence or their probably their steel fence. Um that way there there's no we're not
we're not impeding any of their views from their from their rooms onto the beach. The the palms will be low. Um then in the center median we're we're doing um St. and cord grass in in beds with cocoa plum and uh clucia
and then sable palms and thatch palms in the areas towards the road. If I could point it would probably >> You got to stand by the microphone though so we can hear you. >> You can carry the mic with you. >> Sorry. >> Won't be able to see you on TV, but that's okay. Well, maybe this one can
swim. >> Is this okay? >> No. >> Is this all right? >> Yeah. >> Okay. So, so again, so I'll back up. So, um, so we're here in front of the hotel. These palms that we have here are low so that the the people using the hotel will
still be able to see out out from the hotel and see the beach. Um, we have sand cord grass um in the beds with Clusia and um beach sunflower along along the the walkway in the big median in the middle
where we have the the sort of the drainage swell. We want to impede people from just blanketly crossing there. Um there there's there's some hindrances for us as far as what we can plant because of utilities and other obstacles inside drainage structures and things
like that. So somebody that really was intent on going through there still probably could, but we've at least impeded it quite a bit. Um, if we could go to the the other PDF, >> I can kind of show you the
>> No. Yes. No, that's the that's all right. I'm sorry. Could you go back to the other one? Is there a second page on the first one? >> There you go. >> Yeah, there's a second page. There we go. So, now now this this is So, so here we are. We have three views. Um, so view
three, it's right here. is looking from the beach back towards the hotel. So, a as pedestrians cross, we have the the beach sunflower in the walkways with the sable palms and then you can see the low palms
in the background. Um, back behind, you know, so again, so the views still come out. Looking from the hotel is view two. So, now we're standing at the hotel looking back across through the beach. um the flowers, the s the the cord grass
kind of blocking to keep people from um circulating through but being able to use the sidewalks to get over to the beach. And then the the first view from the other corner um looking back across with the beach out in front of us. Um you can see if
somebody was really, like I said, if they're really intent on getting through, they could. And what the photograph really doesn't show is there is a kind of a drainage soil there in the middle. Um, >> Mike, I know this is probably not your, but because you have that up there, if you could take this back to your your
companions at F DOT, is there any way you see where the pedestrians are on the same crosswalk, the one on the left? >> Is there any way to get that light to change to the one like at the base of the bridge that it gets them to wait until the light changes with the other one? Because if that light's green, you
come through that light. And if there's somebody at that crosswalk and they use that one because they don't want to walk the extra 50 feet to go to the stop light, that one flashes the lights and it gets the cars to stop to. So you're defeating the purpose of the one at the light. And the one at Crescent, that one there's no there's no stopping them to
correlate with the lights. It's allowing anybody to come across here anytime they want. As soon as those lights start flashing, people stop. >> I know who you could speak to at the district office. >> Okay. you just pass I know it's has nothing to do with this but if you could pass that along that the roundabout
seems to be working great however people stop as soon as they see those lights which is what they're supposed to do but to me it would make more sense for flow to have that light coordinated with the actual stop light that's there >> I'll bring that up with them >> yeah we could talk to the engineers about it I mean again this is all about
pedestrian safety so >> you know I mean that's that's what they have to kind of weigh that against um you know we >> you would think it would be safer if they were waited until there's no cars actually coming from either direction from Crescent or from Fifth versus the person that just went through the green light is now looking at the beautiful
park that's going to be there and the beautiful pier and and they're looking that way and they're not seeing the lights flashing. >> And I don't disagree with you. It's hard it's hard to control drivers and pedestrians, right? >> Yeah. >> Or better yet, come on down for a weekend, stay at the Margaritavville, and stand out there and watch what
happens for a weekend. Um, so I I I mean again it's real simple. Oh, and then I guess on this corner we have we have some more beach sunflower and oleander. This is back in well it's back right here. Uh we don't
really kind of have that in our pictures, but um so I mean that's that's all there is left of the project. There was a piece up out by Main Street on the other side of the bridge and that's been taken out per county request. So um I believe that's >> I think you have the
Yeah. So the county is aware actually ironically the county is signing on to the maintenance for this specific project. >> We can't you got to go to go to that mic the microphone. >> We can hear you and sometimes we forget. You can each have a mic public display.
So we um yeah we have an agreement that's going to be executed by the Lee County Board of County Commissioners for this project. And uh it's somewhat ironic because it's in your front door, right? But that's the way things work though. public ownership is Lee County. So, but they'll sign on to agreement.
They're perfectly fine with that. And they've already executed agreement with TPI for the maintenance. Um I provided that to to >> on this on this side of the bridge, not the other side of the bridge. >> Well, for this landscaping specifically, >> but not the part that you're talking about that's no longer in the project is at the base of the bridge at Main Street
on the other side of the island, which is now no longer originally it was going to be part of this and now because there's no agreement in place for maintenance, it sounds like the county doesn't want to maintain it. TPI was not in agreement to maintain it. So essentially the town will be losing the beautifification of that area coming
onto the island because nobody wants to take care of it. Is that a fair assessment? >> It's my understanding that TPI is fully aware of the project. They're ready to maintain it as soon as the the establishment period is completed and I have an agreement I can provide to you. I think I provide it to the town
already. though to that effect. So it's my understanding that that after Lee County signs onto the maintenance agreement, DOT will construct this project and there is a separate agreement already between Lee County and TPI that exist where they're >> taking on the maintenance
>> for what you're presenting but not at the base of the bridge as you come on to the island that is no longer there >> for what we're presenting today and that's is landscape architects that we're concerned with today specifically. So yes, for what we're presenting in the landscaping. Yes. So >> I'm just you're talking about >> Yeah. I'm just wonder maybe it's something else different spot
>> and I'm probably not aware of it. Forgive me for my ignorance, but yes, we're only focused on the landscaping. >> What are we losing from this has nothing to do with you guys. You're you're only presenting what has been agreed to in the maintenance agreement, but what is the town losing as far as beautifification on that side of the bridge because nobody wants to maintain
it. Sounds like FDOT's willing to put it in and Lee County is allowing that to happen, but there's nobody that wants to seem to maintain it. Oh, you mean the small area on the side of the main on the other side of the bridge on Main Street and St. Carlos? Yeah, that's
>> I mean it can always be addressed later. Uh, you know, that's a very small and we had very, you know, minor plantings proposed. So, my suggestion would be if someone with their strong will to have that happen that be addressed as a separate project at a future date, it could be done in a rightaway permit
permit or a grant from DOT. We have grants available. Uh so um that would be my recommendation. So so we can go ahead and proceed with this project. Go ahead and get this done so community can get the benefit of this main project that we have here today. So um
any other questions? >> Council MLAN. Any questions? >> Council L. >> No. Thank you. >> All right. Thank you very much. And I'm very happy to see this coming to fruition. It's been quite quite a while. Like I say, it's been three years ago
when we first presented this and many things have changed since then. So, thank you very much. >> Thank you guys. Thank you. >> All right, back to the administrative agenda. We have item B, which is a special event for the whale anniversary set celebration. This is to seek
approval of an special event for the Whale anniversary celebration to be held on June 13th, 2026 at the Whale located at 1249 Eststerero Boulevard from 11:00 a.m. to 9:00 p.m. as requested by Don Miller of the Whale, including amplified live music and food and beverage
service, including outdoor alcohol service subject to ABT approval and expansion of premises approval and subject to further approval by the Fort Myers Beach Fire Control District and Lee County Sheriff's Office. Yes, sir. Hi, excuse me. Uh, how you doing today,
town council? Uh, my name is Blake Colbert. I'm the general manager of the whale on Fort Myers Beach. Um, yes, I just wanted to come and answer any questions you guys may have about the event. Uh, it's a very similar structure to the one we got approval for uh that we're working towards with Jo Fest.
It'll have live outdoor amplified music. Um, two uh covered areas for food and beverage sales. Well, three technically, one for food, two designated for um beverage sales as well. Um it'll go uh I believe the permit goes from 11:00 a.m.
to 900 p.m. Uh do you guys have any questions I can answer? >> Councelor King, questions? >> No. >> Scott? >> Not right now. >> Rebecca, >> no. >> John, >> I'm good. Thank you. The only questions I have just for clarity for people that live in the neighborhood and when you
say live, is it going to be inside, outside, both? >> So, it'll be there'll be both. It'll be a a stage outdoor in the back parking area that'll have uh daytime music and then we'll also have our regular live entertainment inside the building. >> And then the expansion of the
outdoor alcohol would be contained to your property. >> Correct. Yes. It'd be it'd cover the front parking for like golf carts. Uh there'd be one station there and then the back parking area would be blocked off for pedestrian use and all of that. >> Okay, that's all I have.
>> All right, thank you councel. >> Thank you. There's no other discussion. Is there a motion for the special event for the whale anniversary celebration? >> So moved. >> Motion by councelor King. >> Second. >> Second. >> Seconded by councelor Link. You spoke first. There's no other discussion. Councelor King. >> I.
>> Councelor Link. >> Happy anniversary. I >> councelor Mlan. >> Hi. >> Vice Mayor Safford. But that motion carries unanimously. Brings us to our next item, which is the fiscal year 2627 budget hearing dates. Who wants to start this one? Or we just
going to look at our calendars and try to pick a couple dates in September? >> Well, we do have some suggested dates. Okay. >> Um that basically where those in there you >> um suggested holding budget hearings. Uh we
suggest September 9th, 2026. Uh so Wednesday, September 9th, 2026 and Wednesday, September 23rd, 2026. >> Um 9th and 23rd. >> Those are our suggested dates, but uh we I'm okay with those dates. >> We need you all to look >> to begin at 5:01. Correct. >> To begin at 5:01 p.m. Correct,
>> Scott? >> Yeah, I have a governor's conference, but I can skip first day >> on the night. Well, I if I could, I I actually uh I do have a conflict. Um before I was appointed to council, I have a family vacation, including my
children in France that week. >> Nice. >> I was planning on phoning in for the regular scheduled >> uh town council meeting on the 7th, >> but the budget hearing on the 9th. Um
>> 7th's Labor Day. >> Yeah. So there'd be no >> Oh, so there's no >> there is one isn't one there. Okay. Why do I have that in my calendar? Okay. Um I do have a problem that week. That's all I can say. That entire week come up.
>> Would you have some suggested alternate dates, John? >> I could do it anytime the week before or anytime the week after. We then would have two weeks. I think we're running up to the end of September is when the budget needs to be
included. Um I'm I'm happy to do it beforehand. Um >> could we what's what would be Joe's earliest date he would feel comfortable being ready? Other thing I could suggest is that I think it's most important that
we have a full dis for the actual vote on the budget. And I would obviously if I can't participate, I would watch this session, the first session, so that I'm fully up to speed in order to
participate in the second voting session if that's agreeable to council. if we can't find another date. Um I I'm just hesitant uh only because I guess what what I would be concerned with well I'll ask Nancy if if or if he
wasn't present either via Zoom or in that meeting and we don't know what the budget's going to look like or what the recommendation from staff's going to be. Maybe a situation where it requires a unanimous or supermajority decision. If he is not here at the first hearing, can it continue on to the second hearing? if
we were in a situation like we were last year. >> Um, you're asking if you can do a continuence of it. >> No. Could we could if we didn't let's just say worst case scenario that we needed to have a unanimous approval for whatever reason >> for the budget to go to the second. Can
you do that with only four members present? >> I don't think so. I think it has to be everyone. >> Okay. So, everybody would have to be here. >> I mean, I I will double check, but I think it has to be everyone. So what if you participated via Zoom, you would be
starting this meeting at 11:00 at night um in France, correct? Would it be possible to move it ahead a week to the second the Wednesday ahead or is that >> I know Amy for >> I'm sorry. I'm sorry, Councelor Link. I
know Amy has some suggested dates maybe prepared as well. Um, I think we're suggesting to move it to the 14th and the 28th. >> And then if I can also ask while you're pondering those dates, what are your
plans for the regular council meeting? Do you still want that at 9:00 a.m.? Do you want it to start at 100 p.m.? >> Well, can we work backwards? Well, does the 23rd work for everybody for the second meeting? >> I'm fine with that. >> I'm fine, >> Scott.
I'm good, >> John. >> Good. >> So, let's let's lock the 23rd in. Can we do that and work backwards from there? >> Yes. >> That'd be for the second budget meeting. >> The second budget meeting. Yes. And then would it make more sense um that's at 501. Would it make more sense
to have it if it's possible with Joe the first week? Because if there was any changes from the first meeting to the second meeting, that would allow more time to allow you to crunch the numbers if there's numbers that need to be crunched.
>> Joe, could you be ready by the second or third? >> Or third. John, when are you >> John? When are you leaving? >> Uh the 7th. Okay. Through the 14th >> or I guess is there any time that that
first week that would work for staff? >> For staff. Yeah. >> This is Joe, finance director. Um I think as late as you can make it that week beforehand would be, you know, we'll just make that our target and and do the best we can to have it as
finished for you as possible. I'm okay that that that week. So, whatever. >> The first week. >> The first week. Yeah. >> Thursday the third. >> I'm having my office check when the Lee County budget hearings are. We cannot hold them at the same time. >> So, I should have that moment
momentarily. >> You don't want to do >> 10. Yeah. >> You don't want to do it on the fourth. That's start of a long weekend as well. We'd have a lot of people. So, third would be preferable if it doesn't conflict with county. As long as he gives Joe's looking at that now.
>> I don't want to I don't want I don't want to give Joe sleepless nights over being too early, but >> or what about Thursday the 10th even? >> John's going to be gone. >> Oh, that's right. You're gone the whole week. So, it's either got to be >> 14th. Yep. >> So, the county's meetings are on the 3rd
and the 15th and we are not >> allowed to hold them on the same dates as them. Well, then >> it's either the the second or the fourth, but >> is one day going to give you major
heartburn, Joe? >> I'm just checking the few notes I have. I believe um the earliest we can have it according to um like the trim guidelines is September 3rd. >> The earliest. Okay. >> So, I don't think the second would work
based on that. the fourth. >> So, it looks like it have to be the fourth if it's going to be that week. I mean, it's it's if all of you were here, that's that's most important. Uh and we can ensure that we have the staff here to support
those meetings that day. >> Well, yeah. I mean, I don't think anybody really wants to do one on a Friday, but you know, I don't think giving Joe and the staff a week to turn something around if he did it the third week >> would be would be much more difficult than >> Yeah, that was my question. Is it harder
to give them a week between meeting one and two or >> Yeah, the big the biggest issue is usually the first meeting is usually much longer than the second meeting with the budget hearings. So, you could be here for a while at night. >> And we also have advertising requirements. Um, we can't put them a
week. There's not enough time for >> Okay. >> Well, >> can we can we can we table this discussion until Nancy until our next meeting when Nancy knows for sure? >> Yes. >> If if John if we could have four people
>> physically, yes, we can do that. >> That might solve a lot of the issues. We'd love to have you here, John, but I mean, I have doubts that you would be following along. was booked before I had any inclination that I might >> No need to apologize. >> I will discuss with Joe and Nancy and
Amy and we'll that because >> what we might need in decisions we may need in that first meeting may require all five members >> may not. So >> not that I want to add more to our June meeting but the you know >> this is an important one. Yes, Nancy. Do we need to take a motion to continue
this to a date certain? >> Um no you you don't have to do that. Um, I also want to remind you that you do have a special meeting coming up on the 1st for and the 3. So, um, as long as we add this item on that agenda, uh, we
could you could bring it up at that meeting to talk about it. >> That'll give you enough time to research >> Yeah. >> what you need to do as far as having a >> an answer. >> Okay. >> Yes. Amy, and if I could also let you know, the 14th is a no-go for me. I almost would be impossible to reschedu
that. say that. >> Okay. So, we will table the discussion on the hearing dates until June 1st, the June 1st meeting or do you want the third? >> Um, either one. If you give us the discretion,
>> I think I'd prefer to have it on the my preference would be to have it on the normally scheduled meeting. >> Okay. Just in case something were to happen with the special meeting, >> then you're not having a meeting for just one agenda item >> or >> Oh, that's a good one. >> No. >> Yeah, that is true.
>> Okay. >> Always thinking there, mayor. >> Anything's possible. All right. We'll move on to the collections management policy. This is to seek approval of the collections man management policy for the moundhouse.
>> Thank you, Mr. Mayor. Brianna has been waiting patiently. You want to go ahead and step up, Brianna, and discuss this uh your new collections management policy with council, please. >> Hello everyone. I am Brianna Vicero. I am the archaeologist, collections
manager, and registar at Mount House. Um I'm really excited to present to you the collections management policy for Mount House. Um, I will say this is a wonderful document that was originally written by our former museum manager, Adam Knight, uh, before he left us in
October. I only edited, uh, proof read it and added the necessary components required by the, um, the map reviewer last October. So, that's what I did and I'm here if you have any questions about it. >> Councelor McLean, any questions? >> Uh, yeah. Could you just
>> Sorry. >> Bless you again. >> One more time. >> Okay. Thank you. >> Um Brianna, thank you. Could you just elaborate a little bit about the review the you said the um recommendations from the uh pre the reviewer, the rap
reviewer, I think. >> Um I don't have in front of me exactly the the ones that he wanted me to add, but it was just going into a little bit more specifics um about some of the things that included um an insurance policy recommendation um a little bit more in depth about governance and
authority. you know, who would make uh decisions. Um, he wanted us to go into more detail about who would be responsible for the collection. Um, and how the acquisitions and de accessioning policies would would play out. So, I just uh I added just a little bit more information to the foundation that Adam
had already put in place. >> Uh, thank you. And so, that person, what what is their um credentials, if you will? >> Oh, absolutely. Absolutely. So, um I was about 3 months into my uh my position
here. Um Adam had recommended that a map reviewer, which is the museum assessment program from Washington DC, come out um and perform an assessment on Moundhouse, give us recommendations on what needed to be done at MoundHouse to um allow us
to be eligible for um uh accreditation. And it was fantastic. He was there for a few days going through every single thing you could possibly imagine and bringing us up to current standards. Um he he really put forth a lot of
specifications for us, namely the rearrangement of the museum. Um you know the necessary policies that needed to be put in place to make us federally um accredited. And he did a wonderful job. And I believe that our advisory board is uh on the last legs of of finishing up
that that um that policy that he he put forth for us. So it's done really really well. It's gone extremely smoothly and we are now graduates of that program. So we're very excited about that. >> Thank you. That's what I was trying to tease out was that there was actually the accreditation all of those meetings and stuff with
them. So I was trying to think of the the things that I that I was privy to. >> No, no. greatly appreciated and and the fact that this elevates the museum um into a level of well accredited as a
nationally reg registered and recognized. So thank you for that. >> Absolutely. >> Council L. >> No questions but great work. Thank you. Love that place. >> Vice Mayor Caffford. >> Yeah. The enthusiasm you have for your job is incredible. Thank you so much. We're so lucky to have you.
>> Thank you. I appreciate you. Councelor King. >> Well, welcome aboard. And um I guess just out of curiosity under conflicts of interest. >> Sure. >> Who polices that and what is the policy if it's something happens?
>> Um it's it's mostly conflict of interest. It just prevents any members of our staff, any members of our um advisory board, any members of town council actually from maintaining private collections of indigenous artifacts or historical documents. That
would um I have a very personal belief that uh no one should really have private collections because it doesn't belong to the public as history does. Um and I believe that you know collections should be shared with the world in institutions like Mount House. Um so the
people who would pol who would police that would either be town council members, our advisory members um and also staff itself and you know if if the necessary um police need to be involved at some point um because they refuse to give it up and they refuse to remove
themselves from that conflict of interest position, then that would be necessary as well. >> All right. Thank you. >> Of course, >> M. Mayor I'd ask it. Jeff, as the director, do you have anything to add to this uh discussion? Oh. Uh, no, it was it was a great process. Um, they've done a great job and if you haven't been to
the Moundhouse to see what Briana is doing, you need to go check it out because it's amazing. Um, that's just my plug. The other thing is I just wanted to mention that CellC did give the recommendation to approve this policy. Um, they've reviewed it as well. So, just another another thing for the record and uh something for you guys to
consider. >> All right. Thank you, Rihanna. >> Thank you. Thank you so much. >> All right. Is there a motion for the uh collections management policy to approve? >> I would like to make that motion as a leazison for Cellcap, please. >> Okay, got a motion by councelor Mlan.
>> I'll second that as well. >> Seconded by councelor link. Any further discussion? >> Councelor Mlan, >> I. >> Councelor Link, >> I. >> Vice Mayor Safford, >> I. >> Councelor King, >> Izzy I as well. That motion carries unanimously. Next is a is resolution 26-102
amended and restated donation policy. This is a resolution of the town council of the town of Fort Myers Beach, Florida, amending and restating the town's 2011 donation policy providing for discretionary guidelines to name town resources, facilities, events, or
programs when associated with a financial donation and providing an effective date. Will. >> Thank you, Mr. Mayor. first like to give the floor to Nancy on this and I'll add anything necessary. >> Okay. So, um this item I believe was
discussed either at your M&P meeting or at a town council meeting, but we tried to incorporate um the comments that were made there. And in addition, we did add um I think some of the new language was we we took
out the giftgiving catalog. Um that's kind of a substantive change and we added um a whole section on naming rights that might be associated with a financial um donation to the town.
>> Will anything you want to add to that? >> No. No, Mr. Mayor. Nancy covered it well. Those are the the items that came out of the discussion of the M&P uh that were requested to be added. I think it's inclusive of those discussion. >> Yep. >> Pretty strict. Councelor King, any questions? >> None.
>> Vice Mayor staff? >> None. >> Councelor Link, >> no. None. >> Councelor Mlan, >> none. >> I do not have any either. There's no other discussion. Is there a motion to approve resolution 26-102? >> So moved. >> Got a motion by councelor King. I'll
second. Any further discussion? Councelor King. >> I. >> I'm an I. Vice Mayor Safford. >> I. >> Councelor Link. >> Hi. >> Councelor Mlan. >> Hi. >> That motion carries unanimously. Next is item F. This is a resol This is resolution 26-096
for RFQ-25-17- A Newton design agreement approval. This is a resolution of the town council, the town of Fort Myers Beach, Florida, approving an agreement between the town of and J.R. Evans Engineering PA under RFQ-25-17-
A for the Fort Myers Beach Engineering and Architectural Services Newton Park Beach Facility Reconstruction Project in a not to exceed amount of $497,750 authorizing the execution of the agreement by the mayor and providing an effective date.
>> Yes. Well, thank you, Mr. Mayor. Um, the town council did give me direction to enter into negotiations with J.R. Evans Engineering after our procurement selection process. Uh so we're bringing forward now uh looking asking for approval of a draft agreement. Uh the agreement uh is going before you today.
I will uh also advises CDBGDR funding for those who might ask that question and Elizabeth is here to answer any questions you may have for J.R. Evans. >> Okay. Councelor Mlan, do you have any questions for Elizabeth?
>> The expected timeline. Elizabeth if you would. >> Um I believe we are looking at um for design and permitting I think it's around nine to 10 months total um and then construction to commence after. So
we we budgeted about six to seven months of construction. >> Okay. >> So >> thank you. Those are my questions. >> Elizabeth say your name for the record just not that people don't know who you are but okay I apologize. Elizabeth Fountain Jr. Evans Engineering, senior vice president.
>> Okay, Rebecca, questions. >> Yes. When I was reading through this, Elizabeth, um, thinking about permits, is there anything that the town has to do as far as permits or you do all of those for us, submit those permits? >> Yeah, our team will be securing all the
necessary permits needed. It includes um state which is through um Florida Department of Environmental Protection as well as any uh coordination with any of the uh like Florida Wildlife Commission for making sure we're
addressing any species related items, right? And then the local approval through the town itself through a development order process and then as well as any utility um line extensions that we may need to do to serve the facilities. >> Perfect. And then I can assume I'm sure
that this would follow all the recent FEMA requirements as well. And yes, ma'am, >> just for the record to hear that. >> Thank you. Of course, >> that's all my questions. >> Um, Vice Mayor Safford, >> I do not have any questions. >> Council King, >> nothing. >> So, you said Rebecca or Elizabeth, you
said 9 to 10 month design and and permitting. That seems pretty aggressive with all the with all the agencies that you're going to have to go through. >> Can you break obviously the design? I would assume the D design is going to come back before the public to be able to see an approval before you go to the
pering aspect. Are you going to try to do them both at the same time? >> No, we will we will work through um I mean that the initial step is going to nail down the actual master site plan with all the major components um for >> and will the public have a chance to see
that before >> the 9 to 10 months? What roughly would be the time frame when we're going to see that? What the vision of what it is going to look like? But I think it's within the first 60 days. >> Okay. >> Oh. >> So, >> and are you using the R2P2 model kind of to to go off of?
>> We are definitely. >> Okay. So, it's going to be similar to that. So, it's out there for people to kind of get an idea because I was asked about it yesterday and I know there's an R2P2 design. Maybe we can refresh the people's memory of what that concept looks like >> as you're going as you're going into that.
>> Are you looking at doing any of the capping of that seaw wall when it comes to you know? Yes, we are we are incorporating um enhancement to that existing wall to achieve uh the the resiliency component of the
project and and it also would um allow for a flood map revision to to reszone the property from the higher risk vone to >> that's what is going to be my next question. So the potential to have grade level restrooms would be there >> and be in complian with
>> and being in complian with the female record. Yes sir. Okay. That's all I had. I figured that was the answer. I just wanted to make sure. >> No. >> All right. Thanks, Elizabeth. Yeah. >> I have a I have one other question that just came to mind. Does this have to go to LPA? >> No.
>> Okay. >> No. >> Thank you. >> And >> because you're not reszoning it, right? You wouldn't be reszoning. >> Be a straight >> operational. >> Yeah. You're you're just doing a flood it'd be a flood map revision, not a resoning. >> Exactly. >> Thank you. Yeah. So, sorry for the the use of the term. This should be a flood
map revision, not a zoning change. Okay. >> Very good. Thank you, Elizabeth. >> Thank you. >> All right. If there's no other discussion, is there a motion for resolution 26-096 for RFQ-25-17- A for Newton design agreement approval?
>> So moved. >> Okay. A motion by councelor Link. >> Second. >> Seconded by Vice Mayor Safford. Any further discussion? Councelor Link. >> I. >> Vice Mayor Safford. >> Hi. >> Councelor King. >> Hi. Councelor Mlan and I'm an I as well. That motion carries unanimously.
>> Next is item G. This is resolution 26-097, the second amendment to the Title Basin Agreement. This is a resolution of the town council of the town of Fort Myers Beach approving a second amendment to an agreement between the town of Fort Myers Beach and Title Basin Government Consulting LLC to incorporate additional
CDB CB CDBG DR and state terms to the service provider agreement for disaster recovery and mitigation consulting services authorizing the mayor to sign the amendment providing for severability and providing for an effective date. Will >> thank you. I'd just like start saying,
yeah, Tidal Basin has, you know, they provided excellent disaster recovery financial services to us for, you know, for years now. Uh, this is, uh, I I believe this, uh, continuation is in the best interest of the town. Um, and I I will defer technical questions to Jason,
Frankie, Jeff, and Joe. They can also give some good stories to where we benefited from title basin services if you so wish. >> Okay. Council MLAN, any questions? >> Uh, no, I don't have any questions. Spencer Link, >> a quick question um to the folks here. Staff Frankie um did we by any chance
get an updated list from Mark Boone at Title Basin about other grants? He had mentioned uh I know it's a little bit off topic, but around Title Basin, he had said he would get to the staff some other potential grants for residents raising homes. >> For the record, this is Frankie Kapach,
community development director. Um as of yet, no. >> Okay. >> Actually, correct. I think but Frankie might not have been on the DRO but Tracy and I did receive that Mark Boon. Sorry Frankie but yeah we did receive that list. >> Great. Thank you. >> Thanks for the question. Vice Mayor Safford.
>> Not this time. Councelor K. >> I'm making an assumption that this is then also funded through the CDBG FM. >> Yes, it is sir. >> Thank you. >> I do not have any other questions. Is
there a motion for resolution 26-097 for the second amendment to the title basin agreement? >> I'll move that forward. Mayor. >> All right. Got a vote. >> I'll second it. >> Got a motion by councelor McLean. Seconded by councelor link. Any further discussion? >> Councelor Mlan. >> I. >> Councelor Link. >> I. >> Vice Mayor Safford.
>> Hi. >> Councelor King. >> Hi. >> And I'm an I as well. That motion carries unanimously. Next is item H. This is resolution 26-101 for a second amendment to Goldman Wolf LLC agreement. This is a resolution of the town council of the town of Fort Myers Beach, Florida, approving a second amendment to
the existing agreement between the town and Goldman Wolf LLC for financial consulting services to increase the not to exceed amount from $197,600 to $580,000 authorizing the mayor to sign in the amendment and providing for an effective
date retroactive to se September 15th, 2025. Will, >> thank you, sir. Yes, this is an amendment to the existing agreement uh as stated uh for the not to exceed amount um of currently 197,600
1976 600 to 580,000 uh in order to cover additional costs already incurred and what we will need uh over the next few months. Um, I ideally I wouldn't have to ask for this. Uh, but but we've had continuations of
staffing shortages in in our finance department and with upcoming audit uh and and budget season. So with audit season upon us and budget upcoming um I've spoken with Tisa and Joe uh at length about this. Our best recommendation is to uh incre ask for an
increase in this amount to bring Goldman Wolf on again to assist us uh through the budget process. And uh although this there is some sticker shock to what you see here in front of you, um I want to commend Tisa working with the directors
and uh and working with Joe to find uh the the in order to cover this increase. We've uh had some payroll um savings over the past several months and Tisa can talk in detail about those if you wish to. Those positions either previously vacant and still vacant or um
and or still vacant but we are also have recruiting efforts to fill those positions for those concerned. We we don't plan on continuing to have to ask for this need. But Tisa, if you can add. >> Does anyone have any questions for Tisa? I don't know if there's >> They have questions for Tisa. >> Yeah. Does anyone have any questions for
Tisa? I don't I don't have a question, but I think it needs to be stressed and thank you for doing that, town manager. Uh that this is a not to exceed amount. Uh the savings are achieved through vacancies and again you didn't mention but I think it's important that services
will only be utilized as needed. So I think that's that's very key. >> Absolutely. >> And I think Will, it's important to point out that the people that you're you're looking at doing are familiar with the town already as they have worked with us in the past. Yes. Yes. Uh
Sam, who's one of the senior members of Goldman Wolf, uh has worked with us, if you remember last year, he worked with the team on on developing our budget for last year. He'll be returning to us to assist us with that. He has a relationship with the directors and Joe
uh Tisa. So, so I'm confident personally confident in in Sam's abilities to help us and uh and we'll be keeping on Carolyn who already assists us in the in the finance department to assist with the audit. Um, so yes, I'm very comfortable. They they are well familiar with our systems.
>> All right. If there's no other questions, is there a motion for resolution 26-101 for the second amendment to the Goldman Wolf LLC agreement? >> So moved. >> Motion by councelor King. >> Second, second by councelor Mlan. >> Any further discussion? >> Councelor King.
>> Hi. >> Councelor Mlan. >> I. >> Councelor Link. >> I. >> Vice Mayor Safford. Hi. >> And I'm an I as well. That motion carries unanimously. Brings us to our last agenda item, administrative agenda item. Resolution 26-099 for RFP-26-11-ES disaster debris removal and disposal
services recommendation. This is a resolution of the town council of the town of Fort Myers Beach, Florida, accepting or rejecting or modifying the ranking as determined as and determining Crowder Golf Joint Venture Inc. is number one. Number two, TFR Enterprises Inc. and number three, Southern Disaster
Recovery Vendor as the most responsive and qualified firms as recommended by the town manager and selection advisory committee based on the responses received to RFP-26-11-ES for Fort Myers Beach disaster debris removal and disposal services authorized the town manager or designate to
negotiate with the qualified firms and providing for an effective date. Will, >> thank you. Not only uh did is it a best practice just as learned by members of this town but through the F-Rock pro process which Jason Freeman has done an excellent job leading the town through
and getting us uh to being one of the highest scored communities in the frack. Thank you Jason for that. And uh this is just a step in that process that uh we found through the research and through going through process the directors and and Jason found we can't piggyback on
these types of contracts. We did look into that. We looked into everything else, but really we have to have an independent contract um with a debris removal company, which is going to be the best for us, I believe. So, this is to ask council to authorize me to enter negotiations with the top firm that our
committee selected. I believe Crowder G was that selectee. And uh we'll I if once you receive me the authoriz authorization, I'll enter in negotiations for a contract on an as needed basis for that. >> Well, if you can indulge me just a minute, can I can I ask Jason to come up? I think a lot of people don't talk
about FROCK, but how important that is in disaster recovery. Just to highlight, you know, what the town has done, I think the staff and Jason deserve high praise for being the first in almost every category when things come out to being submitted to get us that high score. And just a quick overview of what
FROCK is and how that impacts us should we have to go through disaster recovery again. >> Yeah, absolutely. Uh Jason Freeman for the record. Uh so FROCK program is I think we're going into our fourth year of the program. uh FTEM, so the Division of Emergency Management, they have
sponsored this program and it's essentially uh goes through all of your emergency preparedness. Right now, it's for uh all of our policies and procedures for uh qualifying work under category A and category B. Um and if you're not familiar with that, category
A is uh debris removal activities and then category B is emergency protective measures. So, has to do a lot with our emergency management planning. Um, and so FDM takes a time to go through and you fill out a what they call the uh disaster readiness assessment. And so you fill it out every year. Uh, we're in
the middle of uh finishing up all of our abatement activities for this year. Uh, so the town submitted a disaster readiness assessment back uh in September, October of last year. And uh once FDM takes the time, they have a whole team that goes through uh with this program and they go through all of
your policies, your procedures, and they double check to make sure that you have all like the minimum qualifications for uh your emergency pay policy, um which we've been working with HR on, and uh your donation policy, how are you going to handle donations, how are you going to handle uh debris removal, which was a
huge one for us. Um and so we've got that feedback and then FDM gives you what they call the abatement period. Uh and so you have the opportunity to correct or make modifications to any of your policies and then they'll go back and review that again for you. Uh so we're in the middle of finalizing up uh
all of our abatement activities for this year. Uh we don't have a final score yet, but we're hoping it's it's pretty high. Uh from what we found from last year, we actually were in the top 10 in the state uh for both of those categories last year. So we're actually the number one ranked city from what we found uh for category B, which is pretty
cool. So, we were one of the first ones to opt into it and uh from what we understand and we're we're very highly ranked which is pretty cool. So, uh it's definitely been a team effort between all the directors. I'm sure they they all know that I come in their office and kind of talk about these and with Will and Tracy and everybody too. Uh but we
don't have our official uh scoring for this year. We're hoping to get it in the next month or so. So, we'll hopefully have some good news to share with you all for that. But yeah, it's basically an audit of all of your existing policies and procedures uh to help make sure that you get funding um or that you don't have any issues, you know, with
obtaining funding. Uh so it's one of those programs that we hope to not have to use a lot of these procedures and policies, but in the event that we do have uh qualifying events, we do know that we're kind of already uh pre-screened and that it also does contribute to the mayor's point for uh
money that FDM can help issue up front um in the event of an emergency or disaster. So your score translates to uh we talk about the scores, it's uh the baseline is from up to 60 points. Um, and so that will translate directly to a percentage of money that you can get
upfront. Uh, because FDM has, you know, gone through your policies and your procedures and and they do, uh, they're comfortable, you know, issuing that money, uh, which is pretty cool. So, I believe it's upon obligation, uh, they're kind of willing to upfront you that money, which I think is a pretty cool thing. So, uh, it's the base is out
of 60 and we've consistently been in the high 50s. Um, so we'll see where we are from there. So, we're almost perfect. Uh we're still waiting on the scores and everything, so uh I'm not entirely sure what that will be, but hopefully it's some good news for us. But yeah, very cool program, very cool to participate in and it kind of gets the whole town
team together along with uh you know, with Will and Tracy and uh just go through all of our policies, procedures, and we've even added a couple new uh policies this year. Um and just kind of make sure that you're have everything all together. So >> yeah, great work, Jason. I think you and the team have worked really hard over the last three, four years and how
you've grown into this and understand it so much more. And I think that the key point there is when you say obligation, there's a long time as we've learned from FEMA obligation to when you actually receive the funding and if you don't have the funding to do that project without the help through this frack program, you could have obligation
but be sitting there doing nothing because you don't have the funding to do it. So this is extremely important and to your point hopefully we never have to implement these procedures but it's nice to know that they're recognizing us as as one of the top >> municipalities in the state. So, >> and it's a u Yeah, and every time, you know, and that's why I always kind of
remind everybody, too, it's it's not to see, you know, what you're lacking and to, you know, but it's really just to see where we can improve. I mean, every single year they update the questions and we get to update those and it gives us a chance to review those policies and just see what we can change. Um, like we we worked pretty hard on the uh the
emergency labor policy for this year and I believe we got that vetted through and some of our internal uh internal controls and duplication of benefits, all that fun stuff. So, just puts us in a good spot. So, it's great kind of working together with everybody on it. >> Thanks, Jason. >> Absolutely. >> All right. If there's no other
questions, I will >> Mr. Mayor, may I interrupt just for a moment? Absolutely. Um, they ask us to enter into negotiations with the top two firms except the rankings. You can so choose them if you decide to. >> Um, we'll have a primary and a secondary vendor for this.
>> Thank you, Amy. I will happily make the motion to approve resolution 26-099 for RFP-26-11-ER for disaster debris removal and disposal services recommendation by the staff and the selection committee. >> Second.
>> Got a motion by Mary Allers, seconded by councelor King. Any further discussion? I'm and I. Councelor King. >> Vice Mayor Safford. >> Hi. >> Councelor Blink and councelor Mc. >> That motion carries unanimously. Brings us to our final public comment. Is there anybody
Howard? >> Hi. >> Hi. My name's Howard Hoffman. I've been on Fort Meyers Beach for 27 years. If I were to be on the council, would I have to wear pants, shoes, and a college shirt?
>> Absolutely, Howie. >> Yes, that's a yes. >> Actually, that would be up to the council, Howie, at the time. >> Okay. All right. That's the only question I have. Thank you. Anyone? Anyone else?
How you never seem to cease to amaze us? Uh, town town manager items. Thank you, Mr. Mayor. Um, I have actually several for today. I apologize, but uh some key updates uh um that uh you've been asking for. So, I would like
to again pass on my thanks to uh the school board um and uh for for passing for voting in favor of uh of the draft ILA for potential transfer of school property. Uh and thank you to the council members uh for your support in
those efforts as well. We really appreciate it. Um, I have reviewed the draft, um, ILA, uh, and I just want to go over some of the things that I've I've noted so far that I'll be asking for amendments to or changes to that. And, uh, first was, uh, there's a
recommendation in the draft for the initial charter application to be submitted to the board within 120 days. I'm going to ask for an extension to that to 12 months. 120 days just is not realistic for the amount of work required. um even if we did have a larger staff, uh there's there's a lot
there. Plus, I I I really think it's important for us to include our community in that in that planning process as much as possible. So, Tracy and I have been working on some efforts to uh to include uh to figure out which staff members are going to be essential to that process and uh and reach out to
the community for support. More to follow on that, but that'll be the first uh ask. Next, um I'll ask for a recommendation to allow immediate access to the town uh to the property so we can begin our u planning and preparation and potential construction work right away. The initial draft um ties access to the
property to the submission of that uh request for approval uh for the charter. So, I believe we need access right away again uh to make this happen in a timely manner. Uh I asked for recommendation to expand allowable uses. There's uh some
language in there that limits it to specifically if we were to use the property for anything non-educational uh in the first three years of the agreement that would uh represent a breach the agreement. I think that should be expanded to non-educational or non-ivic just in case we do decide
during the planning process that we might want to use the historic building for both educational and potentially civic uses if that's the count the direction council gives us. Um, I'd like to ask uh >> before before we move on from that part, we'll I because I got a question on that. >> Just trying to perceive how they're
going to see that our intent and and how we can word this. I think the intent is that the school is, you know, got to be there in order for these other uses to partake. Right. That's how you're going to word it. >> That is correct. >> Um, >> just, you know, when it's not being used
for educational purposes potentially, >> right? I just don't want I just don't want them to I don't want to go back and forth as much as we we as much as possible, you know, if there's a way that it's worded so that they understand that >> civic uses wouldn't be unless there was educational there first. >> Correct, Mr. Mayor. Yes. Thank you. Uh,
also I'd like they there's there's a current language in there limiting um the window um for closure if if if at any point the the school were to close um either uh for for multiple reasons uh
once it's up and running uh that there's language in there that if it doesn't restart within a year that represents a breach of the agreement too. I'd like to request we extend that to possibly two years. Again, these are just recommendations at this point that will be um discussed with staff before they
go back to the board or council. Uh I'd like also um there's I'd like to add a recommendation to include a town the town the option to potentially purchase the property um at any point within that that that three-year term. uh based upon and this is how I came up with the
language just myself for now is based upon uh independent fair um independent appraisals of the property. Um both both the town and the district getting independent appraisals and then finding the median between those appraisals if the town were to uh want to move forward
with purchase of the property. Um so >> wasn't there something like that in there already from their proposal? Wasn't there that the the town could choose if the was it I think if the town if the school closed the town could choose to >> get two fair market values and purchase
it. >> You want to >> Yeah, I'm Tracy Kohler. Um, I'm not sure if there was two appraisals written in there, but it was more like each of us having the opportunity to get our own appraisals to make sure that that's clearly outlined because what one
person's focus and direction may be different than anothers and we've all been through appraisals before and we can get some >> varying answers to that. So, I think it's fair that each entity does their due diligence in that area. It was just a clarification of the
language that both um then finally I'd like to uh the the the draft ILA does have a force majour type uh type section. Um I would uh I'd recommend that we strengthen this section. Uh
force majour protections related to the application timelines and operational requirements. Uh there's some I think it's a little loose in there. Um they they don't list as many potential uh force majour uh causes as I would like.
Um expanding it to uh financial uh potential financial crisises, potential uh um staffing uh uh crisises related to financial things just adding some items into the uh potential causes for for uh force majour. Tracy and I have already
begun, like I said, preliminary uh charter application work uh with assistance from an experienced charter school consultant. Uh we had a follow-up meeting as Tracy and I had met with them before as we were looking for different uh consultants to assist us with this.
We met with uh um Education Freedom Foundation again uh last last week on Friday or Thursday. Uh a good meeting. They provided us with uh lots of uh work um a long spreadsheet and a long
application process that have worked for other charter school and other communities that have done it in the past. Um we're working on formalizing that agreement um with our um procurement uh to to be in line with our procurement uh policies. uh they have
agreed to provide their services pro bono to us but we want to make sure that we uh do it in accordance with our with our policies and procedures. So far it's working out very well uh with them. Um on Wednesday we're meeting with the parents who were involved in previous
ILA discussions with the with the school district as well as members of the ad hoc committee. Um, we're going to discuss potential next steps with them and discuss some of what I mentioned earlier about how we we really want to as much as possible make this a community supported project. We're going
to need a lot of assistance from the community. So, we'll be seeking subject matter experts and those who are passionate about helping us with this endeavor. Um, so we'll discuss that on Wednesday with uh with the parents. >> Uh, excuse me. Will is there representation from council because I
think Jim was the >> Yeah, I took over for Jim. >> You took over it. Okay, fine. Thank you. >> Correct. >> Yeah, thank you for ask clarifying that, John. I appreciate um and then uh the town, you know, like I said, I mentioned the community outreach engagement efforts for members of the community who are concerned about how we're going to
move this forward. Just let me reiterate this will be a you know we we will be discussing this as we are now in the public meetings and we're going to be uh once we are a little bit better organized we're going to call for some uh some meetings starting off with uh a community information meeting where
we'll discuss where we're at in this process but also um we'll we'll be have more structure on uh maybe some potential committees that we'll be uh setting up in support of this um and looking for folks to lead those and looking for folks to volunteer to
particip ipate things like operations, things like curriculum, things like staffing, things like that. We definitely know there's a lot of people out there that want to donate their time and effort to support us in this and and uh and also financially, how are we going to to be able to do this? Uh not
only will that be a lot of work, myself and the financial department, ultimately town council um as well, but uh I know that we've got a lot of folks who are uh willing and able to support us in that effort and I would like to have that since it will be a municipal charter as
as we're initially thinking of it. Um so I don't want to move forward too much without us uh informing our residents as much as possible on that. Any questions on the school before I move on to other >> Yeah. >> Can I No, >> go ahead.
>> Um, so Becky and I we briefly um we haven't had the opportunity to actually um analyze and review from a legal perspective um the interlocal agreement. And as you know, the devil's always in the details and um the precision of
wording that's used. Um, so I just wanted to go ahead and let everyone know that that we will probably have some changes to the agreement from a legal perspective to um to send back. >> Absolutely. Thank you, Nancy. We'll uh I will coordinate closely with Becky and
Nancy um before and and and Becky's been involved in the negotiations as many of you know. Uh I I did send her a copy of the of the draft uh to review, but um I fully intend to speak with them before I advance any of this. >> And and I think it's important to say
that, you know, to get a lot of emails about, have you thought this through? It's not Becky has been involved in setting up charter schools in the past, what she has told me. So she's well verssed in what it takes both legally and financially and all those kinds of things. So, we do have a good tool in
our toolbox in Becky and the team to be able to help us get off in the right direction. So, I I don't know if a lot of people knew that, but Becky has set them up before. >> Yeah. Significantly. Um I think the draft makes reference to a new charter school um as opposed to a converted from
a public school to a a charter school. Uh it does set up a completely different process um with different requirements. So, we're going to look closely at that. um before hopefully it goes back. >> Yes. Thank you, Nancy. Definitely.
>> I'm sorry. There were John. >> Yeah. Uh just a couple maybe thoughts, questions. I don't know. Um I'm sure hearing the term ILA and the school uh brings some heartburn. Uh considering that they never followed
through on the last ILA. Um what kind of safeguards can we put in there? And then to piggyback on that, we're still in a process, aren't we, with uh the school over the last ILA where we had a what a mediation and that's that's still out
there, isn't it? >> So, there is a phase two. Again, Becky and I actually talked about that last night. Um there is a phase two. However, if this resolves the situation between the town and the school board, um we we
would not have to proceed with that process because it will have a a resolution. Um again, from a legal perspective, we probably will terminate uh in writing the prior ILA, but I think there was also provision in here that
this would supersede it. >> That is correct. There there is language to that effect in the draft. Um but uh I'll defer to Becky and Nancy on making sure that we are we protect the town's interests as much as possible.
>> Any other questions on the school? >> Thanks, Will. >> Okay. Uh an advanced digital tools update. In the coming weeks, the town will launch Ask Finn on our town website um as an interactive virtual assistance for residents and visitors. So you will
see a dolphin uh down on the screen to uh to ask questions of. Um Finn will initially be in training. Just want everybody to know. Uh residents are encouraged to test the platform and provide feedback on response quality and
accuracy. Um feedback can be sent directly to Tracy, can be sent to Abigail. Um please do so. Please test it. It's it's also it's it's how it learns as well as any with any uh uh large learning model. It it learns from
the more information it receives and the questions it receives and uh um and then we on the back end can can also make sure that it's has the right information uh at its uh available to it to answer the questions.
So, uh, the SIS, as the system improves over time through resident interaction, ongoing refinement, uh, we'll just look forward to continue um to, uh, improving our information. Really, you know, what it is is it's a broader modernization efforts focused on better communication
to our residents, to communications to, um, our developers, business folks, anybody who has questions of the town. Um, one more tool for them to to get that information. Any questions on that? Okay. Uh, Times Square update. So,
ongoing coordination on future planning discussions are underway regarding Times Square. Um, I I I sent you all a photo uh last week of a nighttime photo of Times Square. Thank you, Jeff. Um, from some of our Lee County webcams that are available out there of the new street
lights that are up and running, up and working in Time Square. Uh, great work by the public works team to get those in place. Um, and uh, it it it's looking great down there. We will continue efforts to um solidify the bases of those locations. If you notice, there's
still some safety cones and stuff in place as as the team works to improve that. And then the next step that that we Jeff and I were talking just recently, next step is to continue. They have been doing some beautifification down in the Times Square area if you haven't noticed with some of the shell and some of the other stuff. But we do
we are have we do have some plans in the works. more information will be coming out um where we'll ask for some some support uh from the community to help us with beautifification efforts in Times Square. Um whether that's repainting, whether that's cleaning, whe that's what it is, some of that will be coming out
soon. We just needed to finish that project first. Emergency services director recruitment update. um had a some great, as I mentioned before, great interest in that position and a lot of really good applications and uh the HR team did a
great job combing through those applications, identifying uh the best candidates. Um myself, the deputy town manager, uh the current emergency services director and and the HR director participated in some of those interviews. We've narrowed that field down um to a few. We have one inerson
interview at the end of this week. Uh the panel will be those members that I just mentioned. Uh and then uh we're Tisa is working on setting up uh at least two more in-person interviews in the coming weeks um for the top candidates. Um I feel very comfortable
we're going to get a very strong um very wellqualified and someone who fits our community uh well. Um Tom's, you know, a big loss, no doubt. um thankful that Tom has agreed to stay on through the transition of the new emergency services
director >> and uh at least stay on as long as he can and but be available certainly to all of us um as he moves on to uh spend more time with his family uh which I commend him for. uh Memorial Day town
updates. Just real quick, next Monday, town hall will be closed in observance of Memorial Day. And uh uh for the council's information on that day, I'll be one of the veterans that uh Ed Ryan will be interviewing during his Memorial Day show at uh the BFW.
Penny, your questions. >> John, questions. Uh, I forwarded you a concern last week from a resident regarding the drought and and irrigation and if you could just touch on that and then any other further thoughts even beyond irrigation or things like that.
>> Definitely. I thank you for that uh councelor King for forwarding that on to me and I I did have a discussion with our environmental manager on that and uh he's well aware and in coordination with all the agencies on that. He's he's reviewing it as well. is going to be providing some recommendations back to his director and myself on any
additional measures beyond those that the county or the uh water districts have already put in place um for the community as far as restrictions on uh I don't have those at the ready right now, but it's restrictions on irrigation times, watering times, and other things during this drought season. And thank
you for bringing it up. Uh that it I'd like to say to the public after talking with Chad and everything, a reminder to everyone out there, just because raining rainy season has started doesn't mean the drought is ended. Last year, as an example, uh we didn't uh reach non-
drought status until late August >> uh last year. So just as a reminder to people, those water restrictions that have come out through through the water districts through public information, and we'll get those rebroadcast uh through our through our uh media means as well. um are very important to make sure that
we uh manage this drought as best as we can. >> Thank you. >> You know, just to piggyback on that, it just made me think of something. It's a pet peeve of mine and it drives me nuts and I know we've probably all seen it. When you go out to eat somewhere or you you you see these bartenders that leave or these restaurants that leave these
darn sinks that just run non-stop the entire time you're sitting there, it bugs the crap out of me. if we could get something out to them to ask them to turn I mean that's gallons and gallons and gallons of water that just runs for no reason and they just stay on and it it's a pet peeve of mine. I know it's
probably not the right price to bring it up but it's a lot of water going through that just like just like the irrigation system. So one day you may not have water to turn on. So be careful what you're doing. >> Thank you Mr. Mayor. We'll we'll definitely add that to our public information. >> That's probably but there's a lot of sinks on the island
>> anyway. Think so. >> Think so. Anything else, John? >> No. >> Scott, >> um I want to thank uh Mr. Yazo and Commander um Leeler. Seems that we have a a good uh act action plan for this
weekend. As we all know, we're going to have a lot of uh inland guests. >> So, >> yes, definitely. Great. Thank you, uh Councelor Safford. We have a great coordination uh as always with LCSO and Commander Leler and his team down here. So yes, our team has partnered with
them. They have a plan for this weekend, the increased uh um uh tourism on the island, visitors to the island, which we which we welcome. Uh but uh it's going to be a busy busy weekend. They have both uh pedestrian but also traffic control measures planned, but also
additional uh patrolling um to cover uh hopefully not needed, but uh just to be there if needed um for the residents and for the visitors. Thank you. >> Okay. That's all I have. Rebecca. >> Yeah. I I want to circle back um if I
may to bring a couple of the items together. Budgeting and um school charter schools is the So the timeline is really tight. That one that one concerns me. So I'm glad that you're going to be moving it or attempting to move it out to 120
days. I think that's even a minimum. Um will that impact our next budget discussion? I have a feeling that we're working two parallel paths. We're trying to apply because we have a time clock. That's not saying we're going to do it
because we want to have meetings with the community. Is that correct? >> They are parallel planning paths. Okay, >> that's correct. >> Thank you. >> All right, councelor Mlan. I would just like to reiterate it being
boating safety and having participated in the joint MURF and uh AAC um committee meeting the focus on speeding in the Backbay is a very significant enforcement problem.
Um, and I would uh I I would like us as a council to ensure that there is some coordination and uh and also I would recommend to the public that if they see something, say
something because it appears that there are people that are acting almost with impunity out there. And we did have a manatee strike um very recently. That manatee was flown up to Tampa. I don't know the end result, but I know it was a
very serious issue. Uh, and it's been a very tough tough winter on the manatees for um from temperature and other uh aspects. But uh I'd just like to further reiterate that. >> Thank you, Councelor Mlan. And and on
that note, this morning I did uh I I appreciate you bringing it up. As a reminder, I did talk with our uh emergency services director, Tom Yazo. He's going to be reaching out to the commander of the uh of the Marine unit, LCSO Marine Unit. Um I I asked to have a meeting with with him and with Tom and
with Curtis and so we can talk about some of these issues and ask we do have we do have an agreement with them. They do provide services that that we pay for uh to some degree for for those units. So, I want to have a meeting with them to talk about how how that's progressing
and uh how we're going to um if necessary uh improve and change kind of that that that effort in the backbay but really everywhere that they provide support for us. Um and uh he's working on setting up that meeting and I think uh once we have that
you know uh better better identified what the issues are and how we're going to solve them together then uh we'll come back to council with those that update. Appreciate the focus. All right. Thank you. Town attorney items.
>> Um no items. >> Oh okay. Well, that brings us to the council member items and reports. Our first thing is do we I guess let's ask council. Do you want to go through your stuff first or do you want to do the town manager annual performance review first or what? Doesn't matter to me either way. You have any preference?
>> I don't have anything. >> You guys, >> no preference. >> All right, then let's uh let's let's get the review done and then we'll go through our stuff. Everybody's all right with that. All right. So, this is the town manager's annual performance evaluation, which is uh dictated through
his contract as well as other sources, I guess. Do you want to take it start us off? Sure. >> Tisa Tis Alivera, human resources director. For the record, I'm uh pleased to introduce this item to you. So, per the town manager's employment agreement, the
town council shall meet to conduct an annual performance evaluation. The agreement provides that the first evaluation occur one year following the effective date. So Will's um start date with us was May 19th. Um and then it will it should occur annually thereafter
in February each year. Um the town currently utilizes the ICMA uh manager performance evaluation as the framework for the evaluation and there is a template of that provided in the packet. Um follow so following completion of the
evaluation process, the town council has the opportunity to discuss the overall performance, future goals and objectives and any considerations outlined within the employment agreement. And um I'm here happy to answer any questions that you might might have or be a resource for you throughout the process.
>> Okay. Well, I guess I'll start out. So uh I filled out the document that you gave us to fill out. I'm assuming that's available for public consumption. Somebody wants it. Is that okay? Um, so I won't go through everything, but essentially we ranked the town manager
on a scale of one to five on on certain items that were laid out. Um, based on what we hired him for and what our objectives we thought he wanted to achieve, I gave him, I would say, an excellent score, not perfect, but excellent. some of the things that I put in there that I think he's really
achieved on and that's building on what we had from our previous town managers. The last being Andy Hyatt on the communication and and making our our staff as forward facing as possible. Um communications, getting information out as as fast as possible. Nobody's ever
going to be perfect. Um some of the other things that I said he could need some work on were nothing major other than some of the learning the ordinances, which comes with time. Obviously, you're not going to know everything. Uh, as somebody that's been here longer, so you're you're learning as you go. I still think we have some
communic you specifically around certain departments. There's some communication issues that I know that Will is working with staff to ensure that we get back to our constituents as fast as possible. Nothing egregious, but you know, I think timelines for uh getting back to
customers or or customer or or constituents actually being able to get through to someone to answer some of your questions. Maybe Finn, our new buddy, will will help alleviate some of that. Um, so as I said, I I gave him he's probably close to as a a perfect score as you can get. I think he's doing
an excellent job of building his team. Um, one of the things we didn't do with Andy that I think I regret not even thinking about it is is talking about compensation. Um, I have not seen my fellow council members reviews. I don't know how they reviewed, but it would be
my recommendation if if he is in that excellent category that we we give him a percentage increase to be consistent with what the HR department has put in place for other employees that have received exceptional um scores across their review. Uh my recommendation based
on what I reviewed would be a 5% increase to his salary, which would be consistent. And I' I've spoken with Tisa about this and it would be consistent with what is done or will can do with his powers through his employees. So with that I will turn it over to you councelor Mlan and let you go through
what you would like to talk about. >> Thank you. Um let me start off by saying I also um the criteria which with we um by which we ranked will um it was uh 10
10 questions uh with a ranking of five points available for each. So it was a ranking out of 50. Uh I too gave him a very high ranking although absolutely not perfection. uh the areas uh that I suggested
uh were similar to you mayor uh Mr. Mayor, it was around communication with the residents and ensuring and I know that there is a very much a service level objective of a 48 hour return at least. Um I suggested that um I have
received feedback from residents that that's not being met consistently. I know that it is a goal um and I would recommend continuing to work to to meet that goal. Um the other areas were uh really around
uh dissemination of information. I certainly would love to get our packets more than four days or three days before um a meeting that we have. Uh however, the other strengths that I wanted to really highlight were the outreach to the community. For example, the uh open
house the that Will and the team had all of his directors available. I thought that and his commitment to hold even more of those uh is a really strong thing. Um the deployment of um
uh performance-based metrics and this review is an example of that but that's being driven throughout the organization. I think that is uh is really really strong as well as um the leadership whether it's Aspen or other u
advanced application tools that are being deployed. I think those are great strengths and really moving uh the needle forward. As far as the areas that um uh that I laid out as far as priorities, we had just gone through uh
the 18 goals and 44 objectives of the strategic plan. And as a council and staff, we determined that uh the four areas that uh we thought town staff and will uh should be focusing on were robust, adaptable, and
capable infrastructure systems, economic growth through business development and year- round tourism, transparent, responsive, and inclusive communication and leadership, and storm surge mitigation, i.e. maintaining our FEMA CRS rating of five or greater. Uh so I
felt like this level of professionalism that continues to develop uh and achieve by the staff uh and having all of the objectives of the town followed from the strategic plan was just a a really
strong moving the town forward and ensuring that we're focusing on the things that we believe we should all be focused on. Thank you, >> Council Link. >> Yes. So, I too um had the honor of doing this evaluation. Um
I would say mine averaged out at a five as well. The areas where I thought we needed some improvement were the things that you both spoke about. I don't think that and Will even agreed that uh we need to get back to our residents faster. Um that is something that I
believe is in the works and uh he is dedicated to doing that. I saw um a commitment this I would say in the last six months that I've been here that gives me more comfort than I had before
I was on the council and that is um fairness and transparency. I want everyone to be treated with the same rules and expectations uh no matter who you are, where you live, how long you've lived here, or you know, how much money
you have, whatever. That I see and will and I appreciate that. I think that leads to the confidence that the town uh residents will start to believe more and more that we have the right group uh on areas of improvement. And I'm not so
sure if it's improvement, but what I had mentioned to Will is that I will be focusing the next year on looking to see that there are more consistencies at the next levels down. I don't have access to, you know, the interactions while I
meet with the directors and will from time to time. I don't want to get into his areas, but I'm looking for those consistencies all through the organization. I think the I'm not saying that they're not, but I those are the kind of focused areas I'll be looking for. Um I too love the strategic plan. I
think once we get that laid out, we're all knowing what's important to us. So when we may see Will veer off onto something else, anyone, whether it's the council or the community, can say, "Whoa, that was on the back burner in the strategic plan. Why are you putting
so much revenue, resources, time, and effort into it?" Um, so Will, thank you for your commitment to this town. Um, and I look forward to more better improvements. I just do. Thank you. Thank you, >> Vice Mayor Safford.
>> It was very interesting. I was at a leadership uh conference uh Friday with the Florida League of Cities up in Orlando, and the only town manager that was brought up was this guy. So, it was about the leadership and
leadership books that we've all read and uh you gave a recommendation to one of the ladies at FLC about the the AI leadership and she was so impressed that she gave a shout out to Fort Myers Beach >> advanced digital tools. >> Yes,
>> exactly. Um but I my opinion I and I scored pretty much the same. No one's perfect. Uh, but we we needed at this point in our time, we needed a leader and I believe that Will is that leader. He's present. He's
forward. Um, he's involved in the community that the open house we had is is a is just the tip of the iceberg. I I think next year it's going to be even better. Um, you know, but I also look at a leader as how he handles advers adversity and the
curveballs you've been thrown and you're in the hot seat from day one with what was going on with FEMA. What's what what's been going on with it with the school and I think you've you've handled those really well and you've really helped the
town and protected the town and um I want to thank you for that. So, um, areas of improvement, we we can all improve, um, in many different things. I think the the lowest I had was staffing. I think there's still some gaps we need to fill, but you're working on it. I
know Tissa's working on it. Um, if we can't fill those those gaps, what I saw today, you know, we we couldn't fill a gap, but we we had a backup solution, >> whether it's it's outsourcing or doing whatever. But if we can't, you know, just keep keep down that path of of, you
know, if we can't can't do A, let's do B. So that's all I have. >> Councelor King. >> Well, happy anniversary. >> Thank you, sir. >> Thanks for wanting to be a part of this community, and you have been a part of
this community. Um, moving in here, um, I like how you've interacted with people. I like how you handle things. Um, the only things I I think I rated you down on, and I've heard it from others, too, is is communication. And I think uh not only with the public in
general, but uh with the council in my opinion, but I've already seen you working and improving on that already. So, thank you for that. Um, I'll be toasting you tonight with a bourbon at dinner. Thanks for all you do.
>> That it? >> That's it. Well, and I'd like to circle back to where I started. Um, I I think it's only fair to have the discussion or at least get the input from my fellow counselors at the suggestion I made to offer uh Will a 5% increase um
consistent with what we do with every other employee that that scores um as all the reasons that were stated. I think Will has come into a a a hot zone, if you will, and and has really taken it um even to another level from where Andy
was was able to help us write the ship and and Chris and keep it for him. Um I think we're on a great path. I think everybody was spot on with some of their comments as far as continuing to get better. Um but that's going to come with time. I think he and his wife's involvement quickly, you know, buying a
home on the property, getting invested in the community, showing up at events, uh, always having an open door policy, which is something that we haven't really had in the past, those that remember pre-Ean days. So, it's a breath of fresh air. I get nothing but compliments, uh, with the exception of
of some of the communication things that we we've talked about with emails and and getting back to our constituents. So, I think it's fair and it's consistent with what we do across the board with or Will does with Tisa and the staff. Um, so I would just like to uh ask the council if they would support that recommendation.
>> Do you want that as a motion or just consensus or >> Well, if there's any more discussion or if there's consens I don't know how we would have to do it, Nancy, if it would have to be through the form of a motion or >> a motion is preferable. >> Okay. Well, in that case, >> could we have some discussion, please? I'd just like to confirm the levels.
You've said you've spoken with Telisa about and I want to make sure it's consistent and at the highest level of achievement that would be within the guidelines. >> Sure. So, um I I believe we're referring to the performance-based pay program that we just implemented. Um so, our
scoring for that is we offer employees 2 to 4% of a one-time payment of their annual salary depending on the score of the performance review. And that is a two to four percent um increase, four being the the highest. Um I will say we
do have an internal pay plan um where pay grades are assigned to positions and then that's over a 20-year progression. So employees move up that pay grade throughout the their their career with the town and that's how they receive their annual pay increases. The
performance-based pay is just another component component of that where we try to make a more comprehensive uh overall compensation package and then we're tying in performance to help us, you know, track towards our goals. The town manager's role is not included in that because he is on an employment contract.
>> So I think you have to consider that as well. >> He does not have a formal way. He's moving through a paygrade. Um so you know for retention and natural career progression you know there that there's not a solidified way for him to receive you know annual increases but from the
performance side um he is not eligible for the bonus that we have internally. So I think there's two factors that you need to consider >> and in your opinion uh at least in my experience typically you've got a pay band and it's usually quite can be quite
broad at least in in private sector. Um >> it's very broad. >> Would you consider uh where would you consider Will's current pay compared to the median of >> I have not um performed any sort of evaluation on the town manager's pay. So
I and again his uh his position is not in our pay plan. So I don't have any data to compare. Um, I'm hoping to, um, to acquire a compensation software that provides data twice a year that will, you know, allow me to have access to
that data as well as town council pay and other um, you know, other uh, like comparators for for our group, but I don't have that information at this time. >> Can you uh answer for me then? Not that I have any problem with it, but where did the 5% come from if I'm hearing two
to 4%. >> Sure. So, like I said, I think that there are two components in this. You have the performance-based pay metric, but there's also again your year-over-year salary increase. So, the more that you're tenured in your position, the more pay you earn because
you're gaining that experience over time. So, I think the 5% typically what we see is 3 to 5% year-over-year of an increase. Um, so again, I think the 5% is all-encompassing of the fact of the performance-based pay and then also, you
know, moving up your pay, your pay grade year-over-year. And again, the town manager is not part of that pay plan. So there's not a solidified way of at this time of him moving, you know, through. So it's it's to acknowledge the fact that he's been in his position for one
year. Um, and he's essentially would be progressing in that career progression. Should he have had a pay grade as well? >> Thank you for that explanation and clarification. I appreciate it. >> I think you you made the point of he's he's also because of his contract, he's not eligible for any bonuses that other
people under him that are >> are eligible for. >> Correct. He is eligible for the across the board increases just like the town council as far as the cola, but he is not eligible for any bonuses that employees receive since he is on an employment contract.
>> Have you made the motion, mayor? >> I have not. I just I could have made a motion, but John wanted to have some conversation, which >> Yeah. No, this has been very clarifying to me >> and we can we can continue to discuss. >> Sure. >> Yeah. So, I'll make a motion to uh thank
the town manager for for he and his wife's investment in our community, his continued good work building a team, uh offer him a 5% increase to his base salary. Um and hopefully next year um you choose to continue on down the path that you're on. Uh, we certainly enjoy
what you're doing, I think, from what we've heard here. Um, so that's my motion. >> Second. >> All right. Discussion. What else you got, John? >> No, I'm I'm extremely comfortable with that and, uh, congratulations and thank you. Uh, I think it's welld deserved,
>> Rebecca. >> Uh, yeah, I would have just for a discussion question, would you like that to be added to the town manager's base pay or would you like that to be a bonus in the form of a bonus check? Um,
I think base pay would would be I feel more comfortable in that motion versus the bonus part of it. Um, >> it just keeps it cleaner, at least in my mind. >> Right. >> I I would agree. And also, um, because in his employment contract, it does say the employee may be eligible. Oh, sorry.
Employees receive a favor years in which the employee receives a favorable annual review. uh the town manager may be elig eligible to receive an annual merit increase retroactive to the first full pay period following the employees anniversary date. So I think it it's
clean and it aligns with the contract that way as a merit increase. >> Okay. >> What else? >> Great. Tisa, could you tell the the public what will's average rating was when you put all of ours together? >> Sure. I do not have the um the average
rating, but I will say um there was there was not a score lower than four. So, five was excellent, four is above average. Um two town council members had all fives and then there were there were just a few fours, but I can put that together. >> No, that's quite all right. I just
wanted the public to be aware of of how high it actually was. >> Yes, it was extremely >> collectively collectively. >> Scott, any other discussion? Yeah, I'd rather see it salary than a bonus. >> I agree. >> John, any more?
>> Well, if this goes through, then the bourbon's on him. >> All right. If there's no more discussion, do you want a roll call vote? Is that okay? >> Yes. >> Uh I'm an I. Councelor King. >> I. >> Vice Mayor Safford. >> I. >> Councelor Link. >> I. >> Councelor King or sorry, Councelor Mlan.
>> I. >> All right. Motion carries unanimously. Keep up the good work. Will >> Thank you. Thank you. Of course. >> Thank you. All right, town counselor, the rest of the town council member items and reports. We'll start out with you, Councelor Mlan, since I fumbled your name. >> Uh, no, I uh I covered mine with the
voters thing. Thank you so much. I mean, we um I want to thank my fellow council members for um for being at the school board meeting last week and uh providing a unified show that was I think very powerful. But that's it for me. Thank you. >> Okay, councelor Link.
>> No additional items. Mayor. >> All right, Vice Mayor Saffron. Uh since we didn't do it this morning, I want to give a shout out to the FMB garden club. Um they've they and a number of other citizens have been planting this incredible butterfly garden at the moundhouse using just native plants. So
I guess there are a lot of people out there. Jeff, is that correct? Saw some pictures. >> Yeah, I think it's going to be very popular. I think there was one down at the school at one point um which was popular. So yeah, they're doing a great job out there. So thank you. >> Yeah, I really appreciate the community
involvement. Thank you, >> Councelor King. >> Uh, just quickly, um, last Friday at the Lee County Metropolitan Planning Organization, I had a chance to converse, uh, with, uh, Commissioner Brian Hammond. Uh, he shared at that time that, and I passed that on to, um,
Will and Tracy that morning that, um, it looked like, uh, the pier um, uh, may be moving up the agenda quicker than what uh, is is thought. um he shared that uh there was a um email out there from from
the county. He forwarded to me and I asked that that that be forwarded all to you as well. But uh from Glenn Sers, the assistant county manager last Monday. The court convened a joint meeting of all reviewing agencies and uh the county reiterated the need to have the project
approved by June 30th of this year. Based on those discussions, the United States Army Corps of Engineers issued a revised letter that day, last Monday, to extend the NEPA review period until June 30th. Uh while not a guarantee the
permit will ultimately be issued by that date, all reviewers were optimistic they could meet this timeline. If that holds steady, U. Commissioner Hammond seemed to think that we could be looking at a new pier by the fifth anniversary of a
hurricane in uh in 2026 20 I'm sorry 27. And that's all I have to share. >> All right. I guess I backtrack a little bit. I should have probably asked this under the the manager's review that I did have a conversation with Will and Joe about this potential increase should
it go through and how it would not have an adverse effect on the on the budget. I don't want to put words in anybody's mouth, but I don't know if you want to have him cover it just to make sure that we did talk about it ahead of time. Joe and I and and Tisa and you.
>> Yes, Joe, finance director. Um there we do have well even as it was earlier mentioned, there are significant savings from payroll alone from the vacancies. So that certainly is enough to cover it. And we also have um the contingency is always available for any unplanned
expenditure. So we we do have money in the budget to cover it. >> Okay. Thanks. Sorry I didn't cover it under the actual item itself. But um the other thing I have is I'd like to seek direction from council or or consent from council whether go to
the management and planning or it goes just directly to Will and Nancy to to go down the path. You It gets tiring and I think constituents are getting tired of seeing repeat offenders who could continue to make code violations for the same thing over
and over and over again with no repercussions or what appears in the public that there's no repercussions. I'd like to to give direction to staff or bring it to an MP for discussion. whatever the board thinks is the most important path for those who are especially operating under a special use permit or a special temporary accession
permit to operate who choose to have code violations against them or to break the rules or continue to break the rules um which puts pressure on our staff. if there's a way to um revoke their special use or their their temporary use permit
um while they're not in compliance with with the state or with the the town's codes um or even going as far as if they have a special exception to operate certain things that they're operating to revoke that special exception. I think our community is asking for it. I think
that they um I know about my colleagues, but I tired I get tired of seeing emails of why aren't you doing anything when we know we're doing anything, but where our hands are tied to a certain point. So, I would I would like to give direction to um Will and and Nancy to look at any
revenue or not revenue, but any path forward to be able to um be stronger-handed with those that continue to be in violation or accumulate other violations of our code. um so that we don't continue to have this problem because it seems like it's
it's the same offenders over and over and over again. Um and and just simply being able to pay off a fine because you can and then start the clock all over again to me gets tiring and I know in our community they're getting tired of it and it doesn't help our progress. It doesn't help us move forward which we've
all tried to say we want to do. So Nancy, I'll look to you. What what is the best way to do it? either through direction or council members or would you rather have it on >> direction is is fine and I'm willing to to sit down with Will and go over what his options are, but I'd also like to
meet with you um to find out the specific cases that are of concern. I will say that um we do have two code cases that are pending in the court. >> Um and all pleadings from both sides have been provided to our judges. It's
just that their case load is such that they haven't gotten to it yet. Um, I will also tell you that uh Christina in our office has been in contact with the judicial assistants for the judges trying to ask well when is this one
moving forward and um we have not heard back anything um from that. So we are trying to monitor the two that are in litigation. Um the others I'm not aware of the repeats or the problematic ones,
but I'm happy to sit down and and try to um come up with a path to resolve that. >> Nor am I, mayor. Are you talking just in generality having a policy or >> Yes, in general. I mean, I I don't know that we've ever had the discussion about
what what does the town have as a path that they could do outside of just issuing violations going through the magistrate. fines continue to accumulate until it gets to a point where either we try to foreclose on a property or we go through that and then they pay a fine and then they start all over again and
it's just the same rinse and repeat and is there a path for us to be able to >> legally not allow them to do what I mean you know what I mean I give you an example issues let's say yeah let's say it goes through is there a way to stop that rinse and repeat is there a way through
state legislation that we can say no you're not going to rank up 5000 $250,000 fines and then just pay it and continue to move on as the cost of doing business and then the town has to suffer. Or those who are choosing to operate in the town under the codes and following the rules are the ones
suffering because those that the cost of doing business is easier to pay fines than it is to be in compliance. >> So you do have the um judicial remedy of trying to seek an injunction um which we could move forward on that. However, as you can see, the appeals on the code
enforcement cases are quite have taken quite a long time. Um I don't know what how quickly um that is actually would be a solution to the situation. Um but that that is an available um process in that
situation. if there is a uh subsequent uh violation um the property owner would have to respond to the court because then it would be a violation of the injunction. >> Um but again these things are case specific and so I I can look at each one
and try to give you a recommendation as to how to more quickly expedite it. Um but the you know the backlog at the court is what the backlog is. I mean, our judges are very good and diligent in getting their cases moved, but there's
just so many of them. >> Yeah. If I can, mayor. So, so a couple of things that come to mind and we I'll discuss with Nancy and see some maybe some examples of u ETP, you know, permit. Somebody has, you know, has an ETP permit yet they're racking up other
violations on that property, you know, while uh having that ETP. you know, maybe we can discuss potentially a way to uh to tie. Now, I I already think believe I have the discretion, you know, uh from council to potentially not, you know, renew that ETP under those
instances, but I'll but >> not extend not extend not extendorary not extend exactly emergency temporary. So I will discuss with Nancy if if any of those things could be you know or if we we would need to make a change to my authorities there
or special exception for paid parking for example or something and they're yet they're operating outside of what they're authorized in that special exception we do we have a you know open up a case on that you know is there I I am want to clarify what you're asking
for is that an example of maybe you know if they have violation violations like that and they don't remedy those viol violations. Um, is there a means to potentially, you know, rescend that special exception? Is that one thing you ask for, Mr. Mayor? >> Yes, that's essentially what I'm getting
at is is especially if after being issued an ETP, you then get code violations after that. To me, that should disqualify you from being able to have that in your specific case that you brought up um or scenario, I should say, not case, but scenario brought up. But I
think that should be applied across the board just like you apply all the codes to everyone equally across the board. I think that's something that I would like to see. I I just it at least for me seeing that, you know, I I hate having to tell constituents that there's
nothing else that we can do. If there's something else that we can do, at least I'll feel more comfortable saying we're doing everything that we can do to try to again at the end goal we've always said is to come into compliance. But we know we have a few people on the island who just think that rules and codes
don't apply to them and those are the ones that I'm you know I think most people try to do the right thing but the ones that don't we have to be able to do something more than just say sorry I can't do anything. So whatever we can do as long as my fellow council members are okay with that direction. That was just my
>> and I'm fine with pursuing um pursuing that. Um, and if it does result that we do need to file an action regarding uh trying to enjoin them from further violation, um, we're happy to do that. I just don't want you to walk away with
the understanding that that might expedite everything. Oh, no. >> Um, it it could be just another, you know, way to try to get them to where they need to be. Um, but we'll I'm happy to look into that. >> Yeah. I certainly don't think this I'm not looking for this is going to cure it
overnight thing, but anything we can do from our end to continue to put pressure on those that continue to repeatedly violate codes, especially the same codes, we got to do whatever we can. >> Yeah, I I would agree, Mr. Mayor, especially when they're
permit that's been uh has been approved is the actual violations are occurring upon it. Right. That's it's exactly that there should be a way to bolt that >> and I think that that was my question not knowing specifically. I have an idea but I don't know specifically. So the
violation is on the permit that we gave them the extended permit not some other violation for something different. Right. >> Yeah. I'm not I'm not trying to refer to any because I don't know all the code violations that are out there >> in general. It would mean if we gave you some special exception and then you're not following all the guidelines of
those exception exceptions, then that seems like a reason to be able to pull it back. >> Yeah. Well, that's what >> people have multiple properties and multiple things going on. Are you suggesting, just to be clear, if there's an issue going on with some exception we gave you, but you have another issue
over here that you would tie them together? >> Let me try to see if I can say it as as simple as I can. So the in what will said the emergency temporary use permits if if you were in violation of that I know will has the discretion to extend
or not extend but does he have the discretion to be able to pull it back because now you've created a violation under the umbrella I >> I think that he does. >> I would think so that's what I want to look at but also to your other because there's a difference between the emergency temporary use permit and a special exception. They're two different
things. Yes. >> So, if you received a special exception to have 12 chairs versus 15 chairs or or 12 chairs versus 10 chairs, and now all of a sudden you've got 48 chairs, that's in violation, in my opinion, of your special exception. And is there a path to be able to revoke that special
exception because you have broken what you said you were going to do on your end of the bargain? the unless there's conditions uh to that effect, I think that it's a code violation that we could move forward with. The one of the um
cases that we have in litigation is the absence of a special exception >> that case >> um that is >> yeah and I'm not specifically talking about what is in litigation or not. I'm not I'm just talking in general what do we have available and special exception was one of the things that I was
thinking about. If you received a special exception to do X, but now you're doing Y and Z on top of it, can we pull back that special exception? >> Okay. >> If they if they've received a code violation because they are operating outside of what that special exception was besides just giving them a code
violation and going through the magistrate process, do we have the power under state statute to be able to revoke that special exception >> and make them have to go through it again if they continue to be violating what they came in to ask for? Again, people that come in to ask for a special special exception, they come in asking
specifically for what they want and then to extend past that without updating your special exception. >> We don't seem to do anything about that other than put code violations in. So, that's what I'm trying to get at is look at both those aspects to see how we can apply more pressure to just do what you
asked us for permission to be able to do. >> Okay, >> that's all I got. Understood. I agree with >> everybody okay with them being >> head and strengthening some of that language when we do give like the like the count like the school board's doing with us. You don't do this, we take it
back. Yeah, I think we need to have this. Everyone knows what the repercussions are. >> Well, I think not following >> at least my opinion, I think our goal is that everybody operates under the same rules and those that are not operating on the same rules shouldn't be able to operate. But that's my two cents. That's
all I have. There's anything else? John, >> today's earworm courtesy of Freddy Mercury and Queen. Another one bites the dust. Another one bites the dust. Another one gone. Another one gone. Another one bites the dust. Move to adjourn. >> All right, we are adjourned at 11:59.