Town Council - Regular Meeting

Good morning everyone. I didn't think that actually would work, but it did. Today is Mon. We're going to call this meeting to order. Today is Monday, March 16th. 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 grateful for the opportunity to gather here today in service to the people of Fort Myers Beach. Serving the public is both an honor and a responsibility, and we are reminded of the trust our community places in us to lead with integrity, thoughtfulness, and respect. This morning, we also keep two members of our town family in our thoughts, Luke Cornbaw and Mark Wilson. As they continue their recoveries, we wish them strength, healing, and the full support of the community that values their dedication and service. May we approach today's discussions with patience, wisdom, and a shared commitment to doing what is best for this community we are proud to serve. Amen.

Amen. 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. [cough] Thank you. As a reminder, if you could just silence your phones. Um, got quite a few people here, so we'll have some comment, I'm sure. Next is the approval of the final agenda. Is there a motion to approve the final agenda? So move. Second. Got a motion by councelor King, seconded by councelor McClan. Any further discussion? All those in favor signify by saying I.

I. Opposed. Hearing none. That motion carries unanimously. Before we get to public comment, town manager is going to say a few words. So, if you give us just a second.

Thank you, Mr. Mayor. Yeah, I just wanted to uh take a moment to uh thank you, Amy, for acknowledging a couple members of our staff who uh uh one who was in an accident uh right before the weekend and the other who had an uh an incident while at work this past weekend. But, uh I just want to really say we're we're thinking of them uh of both of them as they go through their recovery process and still some healing um to to do. But, uh, I'd like to commend and thank, uh, Fort Myers Beach Fire District, uh, Lee County Sheriff's Office, and all the staff that responded to the accident on Thursday to assist Luke. Uh, without that rapid response and great care, uh, definitely could have been much worse. And same goes for Sunday. Uh, commend our staff for want to the our one uh, town ranger uh, started feeling a little bit ill. It was the quick response of his teammates and their ability to properly assess him uh due to their training that really saved his life and got him to the hospital fast enough. So, just commend all of our staff uh and ask everybody to keep them in your thoughts and prayers. Thank you.

Very good. Thank you, Will.

Uh next is public comment. Just a reminder, you can speak at all public comment, but if you're here and you want your comments on record for any one of the four hearings that you'll want to have that public comment. Again, you can speak at this public comment, but it won't be on record for the public hearing. So, if you are here to speak for one of the public hearings, save your comments for that public hearing specifically. That way, it'll be on the record. But that will open up public comment. Amy, also, I understand there's going to be some people that are going to want to give up their time to other people. So, if you're here and Amy calls you for the first public comment and you're going to want to give up your time, just let us know. If you're not one of those, then go ahead and come up. Otherwise, we'll we'll keep track of who's doing that. Okay. Uh, first up is Lori Webster. Following Lori will be Sher Lowry. Good morning. My name is Lori Webster and I'm a resident on Kuru Street. I'm obviously here to support the women's club and I will be speaking during that time. But before we get there, I'm also here with my usual reminder. Please keep an open mind. Please remember that the opinions you offer here today are not your own. You were placed here either by vote or appointment to represent the community you serve. As an example, sorry Dan, you are not here as Dan Allers's resident of Fort Myers Beach. You are here as Dan Allers representing the residents of Fort Myers Beach. It's a big responsibility and I do not envy [clears throat] you. I do however trust you. I trust that you will not only listen to the testimony today, but that you will hear it. It is a heavy responsibility and all we ask is that you honor it. As a community, we also ask that you operate on facts and not on rumors perpetuated by the Coconut Telegraph. You need to look for justifications underlying the statements you hear. In some cases, I think you would be

surprised by what you find. Please [clears throat] do not let what you heard outside of this room color your opinions. You need to ask not only what, but why, how, when, and where. You are all very smart people. The decisions you make here today need to be made here today. Thank you for your time and service to this community. We really do appreciate you. Thank you. Thank you, Lori. Next up is Sher Lowy. Following Sher will be David Garney.

Good morning. I am here representing well speaking on behalf of the Windom that is across the street from Astero Cove. my husband and I own in unit 525 and I've been a board member on the Asterero board for six years. We have owned and paid our taxes on Fort Myers Beach for 25 years and I can only imagine the hundreds of thousands of dollars that have been paid by the Pullman family who own the Windham property. They could have sold this property for millions of dollars after Ian and earn interest on that money. Instead, they held on, kept paying taxes and let the construction crews that have been building the south end beach use their property to store their heavy equipment and trucks. Now, it feels like it's not fair. They're being, I don't know, jerked around a little bit by the town trying to build something on their property that will make the south end of our island more attractive to the future. and longtime residents who do not have many options to eat and socialize. Please give these people a break before they decide to sell to an organization that is not as professional and neighborly as the Pullman family. I thank you.

Thank you.

Uh Dave Garney and after Dave will be Pat Vaness. I'm Dave Garney, an owner on Eststerero Boulevard, unit 244 at Eststerero Cove. I'm here to ask you to expedite the opening of Bert's Beach Bar and other restaurants at our south end. Before Eon, I could walk to 11 restaurants, but now there are very few and controlled by Santini Plaza rent fees. There is one very good and pricey Italian restaurant and a vape shop selling gummies, three-foot steel swords, cigars, beer and food, and renting electric bikes. Some days there are also food trucks and vendors selling out of their car trunks. Cake muffins, for example, $8 each. I checked the Fort Meyers Beach website for additional restaurant planning and I sent email to Misty and a few of you asking [clears throat] what the plans were for additional restaurants. I would like to hear about a five-year plan and why good restaurants like the Fish House, Charlie's, the Subway, Italian deli, and Pinchers are not willing to open at the South End. Bert's Beach Bar is ready to open and I ask you to support them. Thank you for your hard work and support.

Thank you. uh Pat Veness and following Pat is um sorry Barbara Puffer. Um good morning Patrick Veness. Uh I'm here to speak on behalf of the Windham. However, I was hoping that maybe we can let John Callis representing the Pullman family give you an update kind of tell you give you some background and then I can address the permitting issues afterwards. We also have someone representing the contractor uh that has been staged there for over two years and also the same contract contractor working on the site today and I'd like them to speak before me if we can do that. Okay.

Good morning. My name is John Callus and I represent uh my family that's owned the property probably since the late 90s is when we first purchased the property. Um, we operated that as a holiday in and then furthermore [clears throat] the Windom. And John, can you pull your mic up so you can hear it? Sorry. Thanks. [cough] I'm not in a band so I I don't know all the stuff. Makes two of us. [laughter]

But anyway, so uh I think we've been very good neighbors. We, you know, we're in a residential corridor that we're surrounded by, but we've always had great relations. We've always shut the music down, kept the noise down, kicked everyone out. So, um, we plan to do the same thing. Um, obviously the hotel was destroyed during Ian. I was approached probably 30 days after that to have a triage center on our property. I said, "Sure, go ahead." Uh, then shortly thereafter, I was contacted by the city to stage the beach reourishment. That went on for probably almost a year. I said, "Sure, go ahead." And then there was staging for the infrastructure projects. I'm like, "Matt, sure, go ahead." Um, so just last week I was approached to put dumpsters on there, remove the seaweed. Sure. Go ahead. Um, so I've tried to work with the city as much as possible to let use the property to make this town better and really kind of went with the family. We'd like to keep the property within the family, you know, because it's it's something even our family couldn't replace. You know, we couldn't afford to buy it again. So what we decided to do is open up a bar and restaurant to support the south end and do the same thing we used to do uh moving forward. So um we've gone through the permitting process. We're in that process. We're talking about installing a wave mitigation wall which I think everyone in this city wants. So we're in that process at engineering's not done yet. So, we just wanted to get a special event permit so we could get this open because we can open it very quickly and invest in invested a ton of money uh getting some of the things we need for the infrastructure of that property and they're all housed on another property they have right now. So, but uh so I'm just asking for that and then uh we can have Pat talk a little bit more about the process. But thank you very much. Thanks for your time and thanks everyone for your support.

Thank you. Yeah, my name is Lee Selton. Um, I am with the contractor. Um, we've been working close with John trying to get that place cleaned up and get it ready to go. [clears throat] Um, we're probably looking at once we get the approval and the go-ahhead with everything, we can probably have that whole situation cleaned up, ready to go within 30 days. I don't see any issues out there. The underground utilities and stuff are all existing. It's just a matter of reconnecting everything and and moving forward. Okay. Thank you.

All right. Um as mentioned, Patrick Vaness representing um the family ownership of the Windham. Um we have multiple people here um from the surrounding condo associations. if I go over uh three minutes uh some of those folks are willing to seed me some time so we can give you a full backstory of what's happened from a permitting standpoint. So, just to give you a little background, hold on, Patrick, before you go on, just so we How many people are going to see their time to Patrick? Just so we know. One, two. I can't see on the corner. Two, three, bunch. I see I saw four hands. So,

okay. I I'm going to try to keep it real quick. Anyways, but just to give a little background, um John Callas and his family decided to um move forward with a development agreement to put uh some some improvements on that property, uh a large tiki structures with a uh restaurant and bar on the site that would have been accomplished through some trailers. Uh we've got the development agreement application that's in process being reviewed. Um what happened is John wanted and was adamant that he wanted to try to open this year. We told him that was not feasible. We just couldn't get there that quick. So what John said is how can we go to plan B and figure this out and get something done real quick. So that's where we went down the path of the ETP permit. Um we fully understand that um that is not a viable option now that it can only be given as an extension to an existing temporary permit. Um so the idea is we're going to try to pivot again. Uh we are going to go to plan C and what plan C is is we are going to be submitting a uh reoccurring special events permit. Uh we looked at the code. Uh the code do not does not provide any restrictions from a duration standpoint. We've uh confirmed that with your staff. So we will be submitting that. We think that's a creative option to allow something to happen as a temporary use and that would only be until we come back in for a public hearing with regards to the development agreement. Um we're going to submit that this week.

[clears throat]

It'll meet all the requirements of a special events permit. And then we are asking that you direct your staff to put us on your next agenda, April 6th, um for a hearing uh for the special events permit. And at that time, we can go through [clears throat] the uh request in detail. We can explain uh to you exactly what is being asked for. Um, and before I close today, I just want to tell you that while we understand that we are not eligible for the ETP, uh, we meet the intent behind that temporary use, um, process. So, the property has been owned by a local family for decades, still owned by a local family. They were an existing business with two restaurants, bar space, consumption on premises, entertainment on the site. they have a plan to bring those uses back. We have a development agreement that is in process. It is being reviewed and um also want to explain that not only do they have plans but they are improving their plans as to what they want to do on site. So when we submitted there was very little talk about this wave mitigation wall. Um our client has been informed of that possibility. He loves the idea of putting a wave mitigation wall and he has committed to putting that in and he's already talked to Jason Clark who is the contractor on that site. Um so with the wave mitigation wall we are going to modify our application and instead of having trailers there in the future the intent is to have more permanent structures. So that is also consistent with the intent that the town wants brick and mortar improvements. They want real investment for the future on Fort Myers Beach and that is what is being planned and that is going to be coming forward to you. So um we last

thing we want to ask is that um the uh contractor should be allowed to move forward under the LDO with continued site improvements. The good thing is a lot of the utilities a lot of things are are already there. Um they can be very quick very efficient. uh we understand that any improvements they're making is at risk, meaning that yes, we're coming in for a special events permit. We understand that it may or may not be approved, [clears throat] but uh they still want to continue and and invest that money and uh move forward with those improvements. So, uh we are hopeful that uh we have a creative solution. We will be before you on the 6th and we are looking forward to having that discussion. Thank you.

Thank you, Patrick. What else you got? Maybe Barbara Puffer. Barbara. After Barbara will be Mike Martell. Okay.

Hi. So, I'm here representing my condo. I live at 6895 Eststerero Boulevard with my husband Tom. We've been here since 1991. I'm not only representing my condo, but I'm representing a year old advocacy group of the 11 condo associations ranging from Island Pines Road through Hero Cove over to Lenel. That involves some 600 units. Multiply that by at least two, you know how many people are there. That they are called the block party in case you ever hear. I'm up here to appeal to you for a speedy, sensible, low-rise development of the Pulman Windham property across from us. I've given Amy a petition today that uh you can look at. I realize it's nothing formal, but um also copies of the appeal for all of you so she doesn't have any extra work. Thanks, Will, for posting what you do going forward. One of the suggestions you gave us was to come to town council and give our opinions. So, we're all here. Um, so council, I thank you and I thank you much like a previous speaker for evaluating and scrutinizing issues through your usual lens of open comment and facts rather than internet vitriol. This development of this property with beach access, that's our critical measure. It's critical to us. It's a nice to have for many of the rest of you. For about four decades now, you've heard the family has allowed this to happen. across their property with [clears throat] no charge to anyone. Our understanding is they were not just a good partner to the town. They honored a Z lease with the town to conduct all that myriad of activities you heard about. And some of that seems to be lost in the discussion. How does the owner move ahead if he's leased off if he's given the permission to the town to act there? We thank them for allowing that large emergency triage room thereafter.

Ian, I was there. We thank them for allowing more than a thousand contractor trucks of all sizes, piles and piles of sand, mounds of dredging pipe, a fuel depot, and more to restore the beautiful Southoun Beach. There's 15 trucks there today. There was somebody refilling at a fuel cell, and there's even a Uklid. We thank them for not immediately selling to a buyer intent on pushing to build of yet of another high-rise on this property. We thank them for considering some phased in development to replace what originally occupied the property. We thank them for installing permitted underground um utilities. We saw the portable water come in, the sewer lines and all. Those aren't going away. Whoever ends up there, we thank them for continuing to pay their taxes with no offset income contributing to the f fiscal obligations of our town. We are just worn out. 500 a.m. until after after sunset for many years. We're tired. We dream of some fresh air options, entertainment, food, and beverage on the south end. And we want to protect our beach access and our property values. We want to be seen and heard also. Thank you for your time.

Thank you, Barbara. Mike Martell. After Mr. Martell is Susan Bookman. My resolutions coming up. Okay. Okay. Susan Bookman and after Susan is Lee Harkkins.

Hi. Uh my name is Susan Bookman. I'm a resident at 6895 Astero Boulevard which is a sterile Cove. Um I live directly across the street from the Windham property. Um they have been exceptional neighbors. Um they have given and we've this I'll repeat some of the access beach access to all of us on the east side of the uh sterile boulevard. They've provided um property of the their property to emergency services after Ian. They've the town has used their property. Um they've always hosted the uh sand sculpting which was always a popular event. Um they they have just been great neighbors to have. um is also besides being good neighbors, they also provided us a a opportunity to enjoy the place and y beach um where we could gather, eat, drink and listen to music. Um from my lai, which is again right across the street, I never saw any problems with traffic holding up in the parking lot exiting or entering. no traffic problems at all. Nor did I ever see a sheriff's car for any disturbance of any kind. If you ever went over across the street and walked to their patio area, there was, you know, usually families there with many young children visiting probably grandparents. most of the population were were senior citizens, um residents of the neighborhood, and it was just a nice quiet place to have dinner, have drinks, to socialize, to listen to soft um 60s music for the most part. Um, we as as seniors, you know, don't necessarily go

to North End and hear blaring music from some of the other places or, you know, it it was just a nice quiet place. Um, it always closed. The music would always shut down at 9:00. I mean, and then I could get ready for bed. So, it was just a good place for, you know, up at the north end, they're just going out at 9:00, [laughter] but it was just something we need. Um, I, you know, I do, I think I enjoyed seeing sunsets from that patio and u there's not going to be too many sunsets left for some of us, so we would like to have that opportunity back. Thank you.

Thank you, Susan. Lee, Lee Harkkins. And that's all I have signed up. Okay, Lee. Yes, I Patrick. Perfect. Okay, that's all I have signed up. Is there anyone else that'd like to speak in public comment? Come on up. [cough] [clears throat] Oh, sorry, Joy. I put you in the wrong file. [laughter]

Hi, my name is Joy Sullivan and I'm a full-time resident of FMB. The community, the FMB Community Foundation along with Bay Oaks is holding a pickle ball tournament this Saturday inside at Bay Oaks gym using all six courts. Come hit some dinks and drops or even smash a few. There are still open spots for both the morning and the afternoon. We are raising money to give it away to FMB charities such as the public library, Eststerero Island Historic Society, FM Murf, the Ronald McDonald House, and Bay Oaks Moundhouse, FMB Art Association. We have great prizes for the first, second, and third place. And we're giving away cooling towels for all participants. Sign up on the FMB website. It's only $40. Don't forget, our own mayor and town manager are taking on Ed and Kim Ryan at 800 a.m., the match of the year. I'm also offering uh raffle tickets for this Gearbox paddle. And oh, by the way, my other hat is the membership VP of the women's club. Please vote yes for our request. We're simply trying to continue to operate as we did before Ian washed us and many others away. Thank you very much.

Thank you, Joy. [laughter] Is that one of the prizes? This is it. [laughter] Is there anyone else who'd like to speak at public comment? Yeah. Oi, come on up. [clears throat]

My name is Howie Hoffman. I've lived on Fort Meyers Beach 27 years. I've followed the women's club and the women's club have followed me. They [laughter] they've helped me a lot after Hurricane Ian. They helped me and thousands of people here on Fort Meyers Beach. I'll always be loyal to the women's club because they're good women and they keep all the good events going here on Fort Meyers Beach. And that's what Fort Meyers Beach needs, a good vibe. I'd like to thank them and I'd like you people to realize. Give those ladies what they want. They don't want a helicopter landing spot on top of their building. They don't want anything. and I'm sure the people will be able to use the public restroom there. Thank you very much and support the women's [cough and clears throat] club.

Thank you, Howie. Is there anyone else? I can't see behind the polls, so let me know if anybody else is back there. All right, seeing none, we'll close public comment. That takes us to local achievements and recognitions. Councelor Mlan, start with you. Well, I um I'd like to say I wish that I was around this weekend to experience the uh the um St. Patty's Day parade that the women's club put on. Uh I was away for the celebration of my eldest daughter's um engagement and that uh took precedent. [laughter] Uh but I'm I saw a lot of the pictures and I'm sure it was a wonderful uh event. So that congratulations for another great event.

Thank you, Councelor Link. Yes. Um I couldn't agree with you more. Uh you did miss a good time, but I'm sure you were making memories with your family. Um [clears throat] I'd like to add in addition to that the shrimp festival and the Lions Club. Another good parade. So March is a good time to be in Fort Myers. All right, Councelor Kane. Well, congratulations, John, to your daughter. Thank you.

Um, I'll take a different uh path and piggyback a little on what Will had to say. Um, thank you to town staff. Uh, not only are they there for the public, but they are there for each other, and that's, uh, that's been never more apparent as what happened with the recent two incidents involving town employees. So, uh, we're glad they're both doing well, and thank you, town staff. I'll take a second to, uh, thank our fellow counselors. I found out on Wednesday um that you completed the Lee County Metropolitan Planning Organization survey that dealt with uh combining the MO with the Collier County MO. Uh congratulations because it was 100% completion. Um that's the only government entity that did that with full participation. Now the state has thrown another monkey wrench in the works. Uh they wanted all they talk about also combining with Charlotte County. So we'll see where it goes from there. But thank you,

Vice Mayor Safford. [clears throat] Um, I'd like to give a shout out to uh not only town staff, but the Lee County Sheriff's Department. They're doing a fantastic job with the crowd control during spring break. There's not been very many incidents. And kudos to those guys who were well it was well planned and and well executed so far. Yeah, I just reiterate what everybody's already said. John, congratulations to your to your daughter. May uh she have a wonderful life ahead of her and hopefully you've got a part-time job because I understand the tradition is the dad still has to pay for it, right? Partially. [laughter]

Do we need to vote on that or uh also, you know, town staff will thank you for for recognizing the staff this morning. I think um you get to see how important it is to have team members that care about each other. So, and then obviously LCSO, the fire department and uh both the women's club and the Lions Club for two great parades. Um, I don't know how many times this weekend I heard we're back. We're back. We're back. So, congratulations to everyone. Next, we have advisory committees, items, reports, and appointments. We have an approval to appoint a member to the public safety committee. Amy, we have one applicant, Robert Williams.

Sure. We have some ballots we're going to pass out real quick. And I do not believe Mr. Williams is here this morning. Okay. But he has sent something if he does get appointed. He what? I'm sorry. He has sent something to me in case he does get appointed. Okay. I'm sure he's sitting on the edge of his seat watching us at home. I imagine. He might be. He might be. You want to grab these, Nancy? That was pretty Well, that was a quick vote. Yeah. Well, [laughter]

too many solutions. Makes it easier for some of us. [cough]

Okay. First is Vice Mayor Safford. Uh, vote for Luke Williams. Uh, John King. Luke Williams. Thank you. Uh Dan or Mayor Ellers is Luke Williams. Rebecca Link. Luke Williams and John Mlan. Luke Williams. That's five votes for Luke Williams. Okay. Can everyone please verify your vote that voted? Yes. Councelor Link. Yes. Yes. Vice Mayor Safford. Yes. Councelor King.

Correct. And I'm an I as well. Perfect. Motion to Is there a motion to appoint Luke Williams to the public open seat for the public safety committee? So moved. Second. Got a motion by councelor Mlan. Seconded by councelor King. Any further discussion. All those in favor signify by saying I. Opposed. Hearing none. That motion carries unanimously. Mayor, may I read this from Mr. Williams?

Um I'm excited. This is from Luke Williams. I am excited that I have been appointed to the Fort Myers Beach Public Safety Committee. It's truly an honor to have this opportunity to serve our community in such an important role. I'm grateful to the town council for placing their trust in me to help address public safety matters that affect all of us who live, work, and visit Fort Myers Beach. I'm looking forward to collaborating with the other community members, town staff, and residents to contribute positively. Whether it's reviewing policies, discussing community concerns, or supporting initiatives that keep our island safe and welcoming, public safety is something we are we all care deeply about, and I'm committed to approaching this work with an open mind and a focus on what's best for everyone. Thank you to those who supported me along the way. And to anyone interested, feel free to reach out with thoughts, concerns, or ideas as we move forward. Let's keep making Fort Myers Beach an even safer place to call home. Gratefully, [snorts] Luke Williams.

All right. Thank you for stepping up in your service, Mr. Williams. We'll see you soon. Uh, next is the approval of the minutes. Is there a motion to approve the minutes? Do we have minutes? I don't see any, but it's on here. So, mayor, we have lost our longtime transcriptionist. So, we have now secured a new one. Okay. So, you're going to get a dump of minutes probably at your next minute or meeting. Okay. Then we will move on. Y

uh consent agenda. There's nothing on that. So, there was nothing to remove. Next is our public hearings. The next three items on our agenda are public [clears throat] hearings for review of various land use requests. For the benefit of the public, please be aware that these items are quasi judicial in nature. Our attorney will further explain. Thank you, mayor. So, the three items that you have on your agenda uh is one variance, a special exception, and a resoning. As the mayor indicated, these are all quasi judicial in nature, and this requires that today's public hearings comply with procedural requirements that have been established in Florida law and in your land development code. So, the quasi judicial proceedings are less formal than a proceeding before a circuit court, but they are more formal than the remainder of our meeting. And we will follow some basic standards of due process that requires certain notices, the application of the correct standards and criterias, and that your decision be made on competent and substantial evidence, factual information. the town uh that that you receive in either written documents or through oral testimony. Your responsibility today is to evaluate the testimony and the information for each item that's presented to you and draw a conclusion regarding whether the criteria and the regulations in your land development code or state law has been satisfied. Pure speculation or mere opinion that is not based on competent facts cannot be legally considered by the town council in evaluating an agenda item. Testimony by professionals who are qualified as experts in a particular area has been considered competent evidence by Florida courts as well as testimony by neighbors and residents who have factbased information such as minutes, surveys, engineering reports, or testimony that

is based on their personal knowledge and information. The town council's decision is final. If the decision uh of approval is not obtained or if there is a tie vote, there'll be an opportunity for an alternative motion to take place. Um with that said, um if you intend to speak, those that are in the audience today, please keep my comments in mind and when you come forward, please state your name clearly for the record and whether or not you've been sworn in and your qualifications or your interest in the matter. So, for purposes of efficiency, we're going to go ahead and um address a few items. The first question I'll be asking is to our town clerk regarding whether all of the three agenda items have been properly noticed pursuant to our land development code.

Yes, they have been. Also, council, at this time, if any of you have a conflict of interest that would prohibit you from voting on any of these items, please disclose this for the record at this time so we can make sure that we have a quorum present for review of the item. Council Mlan, I do not. Councelor Link, do not. Councelor King, no conflicts. Councelor Safford, I do not. I do not have any conflict but just to reiterate from the first meeting you mentioned yes I just want to reiterate at the first meeting I covered

correct cover your your wife has membership in one of the applicants uh organization and I don't think that that's enough in and of itself um there is no receipt of any type of monetary value for that um at this time the next order uh on our agenda would be to ask if there is anyone present today who would like to provide testimony ony on any of these three items, if you would please stand and raise your right hand and our town clerk will administer the oath and that would include public comment. Okay, if you if you'll raise your right hand, do you swear or affirm that the testimony that you're about to give is the truth, the whole truth, and nothing but the truth? I do.

Okay. All parties have been sworn. Okay, mayor.

All right. The first quasi judicial item is a resolution of the town council of the town of Fort Myers Beach approving. Approving with conditions or denying variance 20250220 requesting a variance from section 34-638D 6B3 of the land development code to reduce the required 20ft side street setback by 11.9 ft to allow a 232 square foot deck for the existing single family residence in the RS zoning district for the property located at 173 Golf Island Drive, generally referred to as strap number 29-46-24. 4-W2-000050 C.0120 in Fort Myers Beach and providing for other clarifications is necessary providing for conflicts of loss scrier's errors severability and providing for an effective date. If any town council member has had any exparte communication to discuss or disclose, please let us know the subject discussed and the identity of the person, group or entity with whom the communication took place, any correspondence that you [clears throat] received or observations made of the site. Councelor Mlan.

Uh, only that I heard this um specific resolution as a member of the LPA. Okay. Councelor Link.

Uh, yes, Mayor. I do. Actually, on February 12th, 26, I received an email from a Fort Myers Beach resident, Robin Gornto, who lives in this particular neighborhood. Miss Gornto advised me that the multi-generational neighborhood uh of single family homes want to protect their quiet neighborhood. They oppose the variance uh was what she stated to me and um they already feel there's too much noise. That's the comments that I heard from her. [cough and clears throat] Um I thanked her for her comments and gave her no promises but that we would listen. Councelor Kate, nothing since the first hearing.

Uh, Vice Mayor Safford, I had a brief conversation with Mark Tagley, who's a neighbor. Uh, nothing official, but just a brief conversation regarding um, this. And I've had nothing since the first hearing as well. [clears throat] Um, Jason Green has been qualified as an expert already by this town council. Based on his education and experience, he's been accepted as an expert in the field of land use planning and development in the town of Fort Myers Beach. Are there any other individuals who would like to be qualified as expert witness on behalf of the applicant at this time? Anyone here? No. Okay. Has the property owner here? Have you seen a Have you seen a copy of the backup agenda materials from the staff?

Um, I think so. Okay. Go ahead, Jason. [clears throat]

Uh, good morning. Thank you, Mayor. Jason Green, Community Development. Uh, you already described pretty much the request in front of you. Uh it's a request for a variance from section 34-638D 6B3. U as described the request is um the side street setback of 20 ft is typically required. So it would be a variance of 11.9 ft for a total setback of 8.1 for the proposed deck. There is an existing deck in the front of the home. I believe it's about 36 ft. And the request would be a variance to expand that front deck area to 232 square ft. uh the front this the main street setback doesn't isn't required because there's an allowance in your code already to um kind of deviate from from that front [clears throat] setback. That's why we're dealing with only a street side setback. Um based on uh staff's review of the section LDC section 34-87 which is the criteria for um for variances that the request does not comply with that primarily because of uh it is the applicant's um request. it's of situation that they they're creating of themselves. It's not a necessarily a hardship or or a condition of this of the lot that prevents them from building the deck. Um so based on information, staff would have recommended denial of the requested variance to allow an 8.1 foot side street setback. Uh the LPA hearing at January 13th voted 70 to recommend denial of the variance. Um the same variance. Uh staff report does include four recommended conditions if you do decide to um have an alternative opinion and recommend approval for that. And if you have any questions, I'll be happy to answer them.

All right, councelor King. Any questions for Jason? Nothing [clears throat] currently. Scott, nothing currently. Rebecca, um I have a quick question. Jason, this is already a non-conforming uh property. Is that correct? Correct. both on the uh street the primary street setback and uh less than a a couple inches basically and then the house on the side street is uh equivalent to the 18 8.1 ft setback. Okay. So um and again you mentioned there's no hardship and so this is uh not recovery for me and this is just a desire to expand. Correct. Thank you. In our opinion. Yes. Councelor McLean. I have nothing. Thank you. I don't have anything right now. Thanks, Jason.

Thank you. Yes, sir. Come on up.

Yes. My name is John Prince. Um I own the property at 173 Gulf Island. Um a little history is um I bought [clears throat] the property about 3 months before uh Ian hit. Never been through a hurricane before, so it was a little bit of an eye openener for me. Um, after the hurricane, I um upgraded the property with interior and exterior um to give it a better, I guess, uh, look and feel for our family and the neighborhood. Um, I planning on retiring within about two years, but I do spend about 60 days a year down here in the property. Um, and, uh, I'll expand that in about two years where I come down full-time. I I have six kids and and uh this is kind of wants to be the destination house for them and my family. Um in the interim [clears throat] uh I do uh monthly rentals. Um we probably get four or five maybe six a year right now and um I was planning on doing that for the uh uh next year or two. Um the the the if anybody's gone by and looked at the stairway in the deck, it is an isore relative to the rest of the house. Um it's the main point of access into the house. Um I'm guessing it's 50 years old and and I would probably argue the safety of it and it it was damaged during Ian. I just wasn't familiar with how you have to go through the process here for um um approval. Um, I stepped into that in February and I I kind of felt like I had no idea there was a resistance to it because of the noise. Um, [cough] [clears throat] um, I wasn't aware of any noise issues um, until um, one of the neighbors brought it up. Um, so my hope is that I can uh, improve this.

It's a non-conforming, so anything I do to fix it non-conforming. Um um I'd like to be able to put a table of four chairs out there. Um and uh I I've talked to uh most of the neighbors that can actually see the see the spot and um I didn't get any resistance uh to me on that. And um so I'd like to still, you know, find out if we can uh get rid of the isore and I think there is a safety issue there. Um but anyway, thank you. Hold on a second. Mr. Thank you, Mr. Prince. John Mlan, any questions for Mr. Prince?

Um at the LPA hearing, there was testimony from some of your neighbors that uh that property had been rented um much more frequently than monthly. And there was great concern about the fact that it was enhancing it to make it more attractive for short-term rentals to be able to enjoy your property and they were concerned about the noise. [cough] Uh have you done anything to address the fact that uh you had been renting uh more

frequently? Um a couple things came up is they were uh somebody in the neighborhood was suggesting I was going to try to make this into a duplex and this is going to be a party deck or something like that. I don't know where that came from. Uh, I had one rental rental um end of end of December. It was a five-day rental in two days into January. I had one rental in February um and one in March and I'm there I'm there now. That's that's about the depth of the rental. Um I went talked to the property management company and told them of the concern. there can only be one rental in a 30-day, you know, in the in the count in the in a month and if they cross over, you can't you can't sneak in too type of thing. So, they're fully aware of that and fully compliant to it. Um, we've got our uh uh permit from the village for operating on this monthly rental. Um and uh the property manager is really informed to keep the noise down. If there's obviously if there's any issues like that, we'll we'll stay on top of it. And uh um um so I we're comp um I think we're compliant at all levels right now. I think there's sensitivities that they don't want uh monthly or short-term rentals in the area. Um it's really family based type of thing. And uh um um I only know of one uh one neighbor um that is not in the direct line of sight that's concerned about the noise, but I'll do everything in my power to make sure we don't have any issues with that.

Okay, Council Blank. Uh [clears throat] yes, my concerns as well are the same uh that John brings up as a in addition to the exparte email I had and the women that came uh at the last council meeting when we stayed this. Um so you are in compliance now with all of the regulations. You are paying your taxes. You are registered with uh village, the DP, even the county. I'm I'm the business. I'm fully compliant. Okay. And you are registered on the short-term registry? Yes, I am. Okay. All right. Those are my questions. [clears throat] Mr. Kane? Nothing currently. Scott,

u which management company are you using? Um Sun Palace. Sun Palace. Okay. Yeah. Thank you. Yeah. My questions were the same. It was more towards staff. Do we have any open code violations for this property as far as short-term rentals are concerned? No, not not that I'm aware of at this time. Okay. Mr. Prince, is there a reason why you you mentioned that you're concerned that it's a safety concern? Um, is there any why not build it back? I mean, the council has in the past been pretty open to allowing those to build back what they had prior to the storm if you think it's a good safety concern. Is that is that an option that you would consider?

Um, it's um it's it's it's non-compliant as is. I mean, it's just it's probably 50-y old deck. It doesn't look very good. It's It's almost non-functioning. It's just stairs going up literally into the door. And uh um and I just think it would be nice if I could sit out there and have coffee in the morning. Um and so just expanding it um with what I would hope we considered a reasonable footprint. Um I'd be open to adjustments if that was needed. Um Okay. That's all I had for now. Thank you. Thank you guys.

Any uh any public comment? Yeah, come on up. State your name, please. For the record.

I'm Susan Crawford. I've lived on Fort Myers Beach about 30 years. I lived directly next to the property that we're discussing. [clears throat] And the rules are the 20 foot rule is there for a reason. and to violate it by almost 12 ft. In other words, set back just 8 ft from the road that and it's not a hardship. Why can't that deck be redesigned so that it isn't so extreme? this looking at the neighborhood, everyone else building new houses and up and down the street, people [clears throat] are not violating um that that rule. And this just seems extreme. And the reasons that I've heard in in my opinion don't justify breaking that rule to to this extent. This is like huge. It takes 20 ft and it's taking almost 12 ft of that 20 ft which really looking at the the footprint of the neighborhood it it it doesn't it doesn't work. Um you mentioned you received emails from Robin who also is a neighbor and and and a butter um and Anita was also here. All three of us came to the first meeting in January, then the one in February, and we've given our um our opinions based on all many many people that we know. Robin broke her leg badly and

couldn't be here today. But so I'm I'm speaking for a number of people. We we just don't think that it's the right decision to grant this particular variance. I mean 3T 5T maybe not not such a huge chunk of the 20 ft. So that's basically what I have to say. Thank you very much. Thank you. Anyone else like to speak? public comment. Oh, well, I'm going to call you back up if you want. Uh, if there's no one else, I'll close public comment. Mr. Prince, you got

come up come on up to the mic. Yeah. I'm not sure where they're coming up with the 8 ft from the road. It's I think it's closer to 30 ft. Um, and we're only going out an extra 4T from what it's currently at. It's going to be 9 ft from the edge of the house out. And on the other side, it's going to conform with the with the existing structure of the house. [clears throat] So, I don't know what it's at 8t from the road. I don't I don't there's been a lot of misinformation on this stuff. I just don't know where it's coming from. Okay.

And the neighbors came out and measured it out. They looked at it and they all felt comfortable with it. They came out with the tape unbeknownst to me and uh they all felt comfortable with it. Do you have any letters of support from any of your neighbors? I haven't asked, but I can get them for sure. All right, Jason, you want to come back up and clarify the questions that Mr. Prince has?

Yeah, the 8T one in from the right ofway line, not from the edge of pavement or the street itself, just for clarification. Um, and the existing deck based on the schematic that was given to the town is uh it's 17 1.5 ft approximately from the side street edge of the existing platform. I don't know if that helps you. Okay. How big is the rightway from the edge of the road to where that you're starting to measure? Uh it would looking at it looked like their driveway most of the driveway was in the right of way. Yeah. There's just no dimensions on here that show. Yeah, that dimension is missing for how much that you mean edge of pavement to the rightway line. How much that is? It that looks like it's 20 something feet. If I just had a guess,

then you got to be 20 ft from the rightway line, which is the dotted line on that first page. You think they do or they have to? No, it's 20 foot. It's a 20t setback requirement from the rightway line for the side street. Well, you just said you think that's why I wanted to clarify. No, I would say I think it's about 20 ft of right of way on that half of that. If you look at that drawing, there's the dotted line that you're right. It doesn't have the how much right ofway there is, but you have we measure from the right ofway line, not from the road. That's where people get that confused. Okay. Any questions for Jason? Not for me. Okay. Mr. Prince, is there anything else you'd like to say?

Okay. All right. With that, I will close the public hearing and request a discussion or a motion from town council to approve, approve with conditions or deny with reasons or a continuence to a time certain. Discussion. Councelor Mlan. [clears throat]

I guess I would say that I've heard testimony on the record from residents and neighbors that have been opposing this. And I've heard testimony from the applicant that says he has neighbor support, but I haven't seen any evidence of that today. Um, unfortunately, it's a non-conforming lot. Um, and we all live with the uh benefit of having extra land because our rightways are um in some cases rather significant. Um so while it may appear not to be imposing on um the overall view of the neighborhood, the reality is your land rights are your land rights and they they go to your right of way line, their property line, and this is already non-conforming to make it further non-conforming. I'm not sure I can support that.

Okay. Councelor Link. No comments. Council G. [clears throat] Uh, I'll move to deny resolution 26-025. Second, [clears throat] 020, I guess. Sorry. Okay, we got a motion to deny by councelor King and a second by councelor Link. Scott, any discussion? Uh, you know, going back to my roots, when the LPA unanimously um votes on something, I have a hard time, you know, changing that. and I I just don't see it meeting the requirements of uh section 3487. I I have to concur with the LPA and take their recommendation.

Yeah, I struggle with it a little bit. I think you heard from your neighbor who's maybe willing to come off of their stance a little bit. At least that's what I heard in the public comment. Um but they feel that it's too much. Um, you know, I think, like I said before, I think this council's always been pretty open about building back what you have, especially when it's a safety concern. Um, you know, there's a motion. I mean, I would I would be open to that discussion, but I'm not going to be in favor of extending or allowing you to make the ask that you're asking for. Um, so I guess I'll ask you out of fairness, um, if that's something that you're willing to discuss and the council's okay with. There's already been a motion and a second and a discussion um to allow you to if the council's okay with it but to to reapply or um ask for continuence to maybe re I guess I'll defer to Nancy to see where we're at. never really done this, but I I mean, in the past, we've, like I said, we've we've really worked with those that have had issues, especially with safety of rebuilding back what they had, and I don't know that your neighbors would have an issue with that, but it's something to talk to them about for sure.

So, Mayor, um you have presented some um options to the pending motion that's there. So you would need to ask the maker of the motion and the second um the council member who seconded the motion if they would accept a amendment to that motion that would allow um uh for continuence I believe um allowing him to come back uh with perhaps a modification. Uh okay. Now, councelor King, would you consider a amendment to your motion to either allow him to continue it at this time or reapply should he want to reapply with a different scope of work?

I guess I'd like to hear from the hone or on on the record. Okay, Mr. Prince, come back up. Uh yes, I'd be very um happy to uh reapply with an adjusted uh footprint and get the uh some I guess letters from neighbors that have correct visual um that would support kind of what I'm doing. And so being able to have some optionality would be great. Okay. Could I ask uh Nancy? Could we uh deny it without prejudice? So therefore, it would be able to come back. That is correct. I was just looking at that.

Yeah. So I would think that might be the right path to go. Keep the record a little clear. Okay. Yeah. For the All right. Thank you, sir. So I can come back with another Well, we're going to find out in about two seconds. So John is the motioner. Would you be okay with amending it uh with with pre I forgot with without prejudice? Thank you. I was Yes. And councelor Mlan, would you amend your second? Or councelor link, I'm sorry. [clears throat] So just to be clear, Nancy, that would be with other options or to build back what is existing.

I believe it the way that your rules are stated. Um, it would allow him additional flexibility to come back with whatever seems to work. Um, for the record, I do want to go ahead and read your rule into the record. Basically, it says the town council's denial is without prejudice, then the applicant may make modifications to the original application and submit the modified application to the town council for reconsideration or submit an application for other action for town council consideration without having to wait 12 months before applying for consideration of the modified request. Any resubmitted application shall clearly state the modifications that have been made to the original request or other changes made in the application.

Sure. Go ahead. Is there any way I could ask for a continuence? Well, we've already I'll ask, but I think I kind of know the answer. Councelor King, how would you like to proceed with that being the motioner? Well, it's just gotten very confusing, hasn't it? [laughter] Um, I don't know, Nancy. I guess I'll look to you. What do you think?

So, so initially it was basically a uh motion to deny, and that would have been a motion uh to deny with prejudice uh prohibiting the 12th month coming back. that motion was modified to allow it to be a denial without prejudice which would allow him to come back. Um, but I think what the applicant is suggesting is is there any interest in uh an alternative modification to allow a continuence. um that would basically allow this public hearing to continue to another time um where he could decrease what he is asking for. Um that would not have the benefit of any type of review by the um LPA um because he would not be starting from scratch. I guess that's where my concern would come in is the continuence would take the LPA out of the review process. But you made the motion. I'll let I'll let you decide.

I guess I'll leave the motion as it's been amended. Okay, we've got a motion by Councelor King, seconded by Councelor Link. Any further discussion? Councelor King. I. Councelor Link I. Councelor Mlan. Hi. Vice Mayor Safford. Hi.

And I'm an I as well. That motion carries unanimously. The next quas judicial item is a resolution of the town council of the town of Fort Myers Beach, Florida approving approving with conditions denying special exception SEZ20250271. a request to increase the number of bedrooms in a two family residence while utilizing the post- disaster buildback code of the LBC section 34-32382E4A for the property located at 166168 Coconut Drive. Generally referred to as strap number 29-46-24-W2-000078.0160 0160 in Fort Myers Beach providing for scrier's errors, severability, and an effective date. If any town council members had any exparte communication to disclose, please let us know the subject discussed and [clears throat] the identity of the person, group, or entity with whom the communication took place, any correspondence that you received or observations made of the site. Councelor Mlan.

Uh once again, I I heard this as a member of the LP. Okay. Councelor Link, just a driveby, mayor. Uh, councelor King, nothing. And Vice Mayor Savage, nothing since the last meeting. Myself, same as me. Can't speak evidently. Uh, Jason Green has been qualified as an expert witness on behalf of the town of Fort Myers Beach in the use in land use, planning, and development. Is there anyone from the applicant that would like to be qualified as an expert witness at this time? Yes, sir. Come on up. Got to come up to the the mic for me, sir. give us your name and qualifications.

I'm Mike Martell, the owner and general contractor. Okay. You want to tell us a little bit about yourself? Uh yes. Um you know, basically um I'm uh in the hurricane restoration business and u FEMA compliance. So basically right now the property is not in FEMA compliance nor is it under building code compliance and we plan on putting everything in the FEMA compliance and the new building code with our um buildback that we're going to do. Okay. Is there a motion to accept the applicant as an expert witness in this quasi judicial hearing? So moved. Motion by councelor King. I'll second. Any further discussion? All those in favor signify by saying I. I. I opposed.

Congratulations. You're an expert. We'll be get to you in just a second. J, go ahead, Jason.

Thank you, Mayor. Uh Jason Green Community Development. The request before you is a special exception. Uh is basically the buildback as was mentioned. Um the property owners looking to build back the a duplex. According to Lee County Property Appraisers, it was it's been used as a duplex since 19 58. Looks like uh the request essentially before you is to increase the number of uh ba bedrooms and bathrooms from five bedrooms and three bathrooms to six bedrooms and five bathrooms, excuse me. Uh it looks like the square footage footprint of the building is essentially the same as what was there pre-torm. Um and so based on the uh except findings of LDC section 34-88, uh staff has recommended approval with conditions of the special exception. Okay. You

can go over those conditions if you would like. Yeah. So, why don't you do that? Show that they're on the record.

Um, there uh we're requesting three parking spaces be provided on site and it should be the responsibility of the applicant to ensure the vehicles have access to stabilized parking spaces and that uh on street parking does not occur. Approval of the special exception does not give the applicant an undeniable right to permit approval. Development of the property uh must comply with all applicable requirements of Fort Myers Beach Comprehensive Plan and Land Development Code. in effect at the time of the permit approval except as specifically modified herein. Of course, also the building code would have apply in that situation too. Uh condition three, failure to comply with any of the above mentioned conditions of approval for the special exception will render this approval null and void. Those are the three recommended conditions.

Okay, questions for staff? Councelor Mlan? Um Jason, it came up during the LPA that it appeared um all of the records except for a single entry in Lipa had this property as being I think it was three uh two up one down. Um is there any other evidence that this was a five five bedroomedroom house previously? Uh what we have here is it was a two family duplex essentially with a total five bedrooms and three baths. That's the best information from the LEA that they staff has been able to gather. Okay.

It was probably a three I think you said a three upstairs and a two downstairs bedrooms. Five total between the two units. Yeah. When you look at any of the if you dig down a little bit deeper into Lipa, it actually shows that it or depicts it as not being that. uh as well as any of the real estate uh you know when it was sold it was not that way. Some of the are you talking about the floor plan section of it? Yeah. Some of that's really difficult to decipher um because they they use terms like base

in other terms uh and we've seen situations where a 9 by10 space or I'm sorry a 3ft by 9 foot space is being considered a base. Right. So is that a bedroom? No, we don't think that's reasonably a bedroom. Uh but just using essentially the best information they have is was the fivebedroom door. So staff's opinion is that 53 was the acceptable. Correct. Okay. Thank you. That's all. Yes, sir. Council Link. Yes. Um Michael, a quick question. I see from your application that you plan to live in. Hold on a second. Let's let's finish up with Jason and [clears throat] then we'll let him make his presentation, then you can ask questions. Jason, I'm okay. Thank you. No questions. Councelor Kink, nothing currently. Uh Scott,

so confirming the buildback does allow to have two units. Is that correct? Correct. The do that that's the important part of the buildback. Yes, they can they can build back the two units. Um the the number of bedrooms is essentially they're here for a request. So that kind of solves that whether it was four or five. They're ask they're asking for six. Okay. Thank you, Jason. I'm just looking at the drawings here. I'm trying to find where that fifth bathroom is. I see the six bedrooms, but I only count four bathrooms, not five. Uh, okay. I would defer that to the applicant if there's one missing here, but I just see on unit A and B, they're pretty close to mirrors of each other. If you don't see it, then I'll ask the applicant the same question. Yep. I know.

No. No, I don't. Okay. All right. Thank you, Mike. Go ahead. There's four bathroom. There will be a total of four bathrooms. Okay. So, we want to adjust our Sure. Your approval can reflect if you're approved, it can reflect the 64. Okay. I just thought maybe I was missing a page or something, but No, you're right. Correct. Okay. Go ahead, sir. Uh, yes. So, basically, yes, I um I plan on living with my mother and family on the upper floor, and then I'll be renting out the middle floor, the second floor, the A unit. So, basically, yes, we will be living there. That's why I'm moving to the additional bedroom. Okay.

And I basically agree with all the um stipulations that they've that the town uh staff has um given to me. I all the conditions we will meet. Okay. John Mlan, questions for the applicant. Um I probably should have asked this of Jason, but I will ask the applicant since you've designed the home and you're obviously very knowledgeable and now a recognized expert. How much parking will there be for this? Uh well, you'll have um down below uh they asked for an additional one. So, there will be you could probably have an additional two or three below underneath, but we have an additional one underneath and then we'll have two in the driveway itself.

So, a total of three spaces or how many how many cars could you park there is what I'm asking. Right now, as we are working there, we're parking six trucks. So, there's plenty of parking, you know, and there'll be nothing underneath to inhibit parking under the building. The FEMA allows for 300 square ft of storage. It'll be in the right um rear corner and the rest of it will be wide open. Okay. Thank you, Michael. Sure. Rea, no, you've already answered my question. Thank you. Thank you, Council King. Mine have been answered as well. [clears throat] Thanks, Mayor Stafford. I'm good.

I'm good as well. Thank you. Thank you. Public comment. Is there anyone that would like to speak in public comment on this hearing? All right, seeing none, we'll close public comment. Mike, I'm assuming you list, Do you have anything else you want to say? All right, then I'll I will close the public hearing and request a discussion or a motion from town council to approve approve with conditions or deny with reasons or a continuence to a time certain. Discussion or a motion. Mayor, I'll make a motion. Okay. to approve resolution 26015, special exception 20250271 for 166168 Coconut Drive as is.

Okay. Got a motion by Councelor Link. I'll second. Any further discussion? Councelor Link approved. I'm an I. Vice Mayor Safford. I cer.

Councelor Mlan I. That motion carries unanimously. Thank you, sir. Our ne our next quas judicial item, if I can zoom it in, is a second reading and final public hearing on proposed ordinance 25-20. An ordinance of the town of Fort Myers Beach, Florida, approving proving with conditions or denying a resoning to a commercially planned development CPD for the property located at 175 Sterling Avenue. A parcel generally identified as strap number 33-46-24-W2-00004.00000000 town of Fort Myers Beach from institutional to allow for the redevelopment of the property for the Fort Myers Beach Women's Club providing for conflict of law scrier's errors and providing for an effective date. If any town council member is adding the expparte communication to disclose, please let us know the [clears throat] subject discussed and the identity of the person, group or entity with whom the communication took place. any correspondence that you received or observations made of the site, councelor McLean?

Uh yes, so there's been plenty of um uh emails that we've received. Uh but I do want to disclose that on last Tuesday, I met with Patrick and Ron from the neighborhood um as they wanted to at least discuss, let me know what their concerns were. And then on Thursday, I met with uh Mari and Dawn from the women's club and listened to uh their perspective and what their plans were uh as they were moving forward. So I've met with both sides individually. Okay. Councelor Link.

Yes, as always I do. Um and I will add that um my disclosure I've never pro make any promises so I won't repeat that text every time. Uh, but I will start by the oldest. And on 26, I received an email from Patrick requesting us to limit [clears throat] the membership organization and recreational uses for this property to not for-profit organizations. He did state that he supported the parking lot being used. On 211, I received um a phone call from Patrick regarding the women's club. Again, same thing. He prefers institutional zoning and special exception rather than reszoning by CPD. If CPD, he prefers limiting to uh the restrictive conditions. on 220 uh I met with um Miss Toransson and Miss Thomas uh at a women's club meeting and I assured them that uh while I was at the meeting if they let me know when this topic came up for discussion I would step out of the room and in fact it did come up and so I stepped out of the room for about 20 or 30 minutes. Um, I did also hear from Miss Toransson and she just wanted me to know that the women's club has no intention of selling that property. On 34, Mary Toransson approached me prior to the start of that meeting as well. Um, and we also received a email from the women's club from Don and Mari. Uh, let's see. On 3:15, I received an email from Cindy Hawkins, the founder of the Women of Irish Heritage of Southwest Florida, and she collaborates with the Women's Club, and went on to talk about what a benefit to collaborate. Uh, she

supports the Women's Club as submitted. And on 3:15 yesterday, I also received an email from Beth Burwinkle. She's a Fort Myers Beach resident. She's also the donor of the four Santana tickets. So, if you haven't bought your square yet, I would do that. Um, Miss Burwinkle supports the new project as submitted and requested that we approve it as submitted. Those are my expartes. Thank you, Mayor. [clears throat] Okay, Councelor King.

Uh, just as councelor Mlan said, uh, numerous emails. Uh, Tuesday last week, I met with Pat and Ron from the neighborhood and Thursday of last week, Mary and Dawn from Women's Club. Okay, Vice Mayor Safford,

let's see. Uh, the most important exparte is I attended the meeting between the neighbors and the women's club. Um, good. It looked like all they the the neighbors let let it be known what what they're asking for. The women's club listened. Um, it was I I thought a pretty good meeting. Um, also got the same emails that uh Miss Link got. Um it it seems like this is the hot button in the community. So it it there's been multiple conversations. I had multiple conversations with Pat um some women's club representatives. It it seems like you can't go anywhere without somebody giving their two cents, which is great. I mean, this is what, you know, rebuilding together is all about. Okay. Um since the last meeting, I have had the same two emails that Rebecca has already read into the record. Um, I've also had I probably met with every single board member to understand what the bylaw conversation was all about and if they had actually met with the neighborhood, which I hear that they have met with them. I did not receive any requests from anyone in the neighborhood to meet to discuss this. So, I have not had any communication with any neighbors. Um, I did except for at the St. Patrick's Day parade. I probably spoke to 40 different people that had comments about the women's club, but it had nothing specific to do with this public hearing. It was more about they loved the the building, they loved what the women's club did, they wanted to better understand how they could donate, things like that. But that was the conversation. Had nothing to do with this public hearing. All right. Jason has been I got to read my sheet. Jason has been qualified as an expert already by this town council based on his education and experience and has been accepted as an expert in the field of land use planning and development at the town of Fort Myers Beach. If there are any individuals that like to be qualified as an expert witness on behalf of the applicant at this this time, please let us know.

Come on, Mr. Inc. We already consider you and with Unless you want to come up again. Mary, you could come up both come up. I don't think you've been qualified as an expert, but if you want to be qualified as an expert, come on up and let us know.

Okay. Problem solved. Problem solved. Jason, go ahead. Uh, thank you, mayor. I don't have anything else to add to this. I'll just help. If you have any questions technical for this, I'll defer to the council and other staff related to this issue that's before you. Um, so if you have any questions about councelor McLean, any question? Um, [clears throat] yeah, I guess my number one question is was it staff's recommendation to go for a CPD and reszoning or was there was it staff's recommendation to follow this path as opposed to getting a consumption on premise and leaving the zoning as institutional?

As far as I know, no. I I don't believe we advise applicants of that. we just make them aware of what the different processes are available. Um I wasn't party to that specific conversation in the very beginning, but I I don't imagine that we would say go to a CPD. They may present some options or concerns or things that they're looking for and we can say CPD is an option. That's about as far as we go.

Yeah, it seems that that is the sticking point that we have is whether or not I mean I think the women's club is looking for a CPD. Uh that's what they're looking for. Um the differences from our technical side of it is through the CPD process is where you can get confirmation of the design which is what came up um from the LPA in the first time around with the council is is deviations or um changes from what's in the code as far as architectural standards. Yeah. But there are none other than there are no setback changes from institutional there are

no but building design right. So the the appearance and the architectural of the building is the through the CPD is a way to get confirmation approval from the council of that the concept. So that you can't do that through another process. That's that's to be able to do that through this public forum is the CPD is the only way to do that. That could be a benefit to an applicant to go that route versus another route. Well, they certainly presented a building that is very attractive. So, so in order to which does not meet the the standards that are adopted in the in the code now in many [clears throat] respects, but

that code's kind of old and so there's a lot of uh coastal modern different styles that are coming through now and the way for them to get approval from you on the conceptuals of those is to come through the CPD process. It's a very [clears throat] complicated and strange process to do it another way. Yeah. Um, so I that's for me for our perspective that's a benefit to an applicant to get that out front and get show you the architects and get those approvals. Everything else is kind of a like you said it's whichever whichever way they prefer.

Yeah. I think one as a member of the LPA, one of the things we were trying to do was codify um not just give approval for the envelope, but to give approval for the design. And that seems to be the best mechanism to do it is to be able to put those drawings in as part of the record that they will meet of those design concepts. Correct. As they are approved and I don't think there's another way to do that. Is that correct?

There is, but it's very we're going to get rid of the other way at some point. Okay. Uh just because it's a convoluted way to do it. Um and just for two seconds of it, it's basically we go through the entire process, the DO site development process and or building permit process. Uh then that that um the appearance and the designs have to be presented to staff. Staff has to kick it up to town manager. Town manager has to notify town council that he is or is not approving those. And then council has a process individually. you have a process of appealing that decision to then bring it back to a council meeting. It's a convoluted way of doing it. Seems much more efficient to just put the design out there. Put it in your CP. Yeah, I appreciate it. Thank you. Yeah, that's it. Council Link questions for staff.

I I wonder if I'd like to hear from Patrick. Will I then be able to have a question of staff if I need clarification? Okay, then I'm okay for now. Okay. Councelor King, does the current zoning allow for consumption on premise? It's it's a use that has to be requested as part of the CPD, right? And so that that's a use just like if you're doing um apartment or if you're doing commercial retail, those are uses that get listed as part of the schedule uses with the CPD. Now, the area and the boundary of that is entirely obviously up to you as as through that approval process. But typically the the footprint of where the consumption on premise is done is part of that CPD approval process. Yes.

But does the current zoning of institutional allow that? No, you would have to there's there's a special exception process that you could do to define where that boundary would be similar to what you do in the CPD process. They're they're similar. One's changing the zoning. Obviously, in the past they were grandfathered in, though. Would that continue with the property or is it because it's the building is no longer there. I'm not I don't know the footprint of their consumption. Their consumption I think was entirely indoors. I may be wrong on that. Yeah, I'm not sure either. So, um but through the Yeah. So if your question is under the existing zoning would they have certain rights that were um granted previously? Yes. Those mostly for the most part would be recognized. Yes. Okay. Thank you.

But then the new CPD would take away all that grandfather clauses. Right. It replaces essentially with the whatever is approved. So you can't have both. You once you do a CPD. Correct. Correct. Okay. Correct. Well, yes. Correct. you're you're essentially trying to replace it with new entitlements and rights through the site plan and through the architectural standards. That's what the CPD is supposed to do, right? Okay. In theory, CPDs do expire. The zoning doesn't, but the site plan expires. So, if something gets approved, doesn't get built or done years down the road, then that site plan goes away. The only reason that's just a internal mechanism to say our codes may have changed, so now we want you to come back and make sure that you're compliant with the codes. That's a technical thing. It's not really doesn't really affect many people.

What's the time frame on that? five years, seven years. I believe it's three and up to five in some cases. Okay. You know, that's essentially you get vested against that if you start construction essentially. Okay. That's just so we don't have plans sitting around for 20 years that nobody built and if your codes change then you may want to reevaluate that. That's just a Okay. Okay. So, just to kind of clarify from my brain, just so I am understanding or making sure I understand it the way that I think I understand it based on the questions that were asked is if it's current it's currently institutional. Right. Right. They they are allowed to ask for a cop in the institutional zoning district, but they would have to go through a special exception. Is that correct?

So, they're not that they don't have it by right. They would have to go through the special exception to do that. Correct. So, if this CPD, which is what they've requested, was to be denied, they would have to start this process all over again through the special exception process to do the same thing to get the COP.

Yeah. So, well, there's two parts of that. You Yes. The building part of it would have to start over to it and the use part of it would have to start over to it. So, you the CPD is doing multiple things, right? It's doing your site plan, it's doing your building architecturals, and it's doing uses, right? which cop conception on premise being one of those uses that you're they're requesting to be approved. If it's denied, then they have to start over on the architectural approvals. That's site plan approvals. That's a separate thing. And the consumption on pro uh premise request. So, it wouldn't be just the COP. It would be architectural designs.

You have the power to say, "Yes, we want to approve a CPD. we're going to modify, change, deny the C the consumption on premise part of it or or whatever decision you guys can come to. That's the flexible part that you have is making that decision on the COPD within the CPD. You could approve a CPD without it. No, I get that. I just was wondering if if for some reason this entire thing was denied, they would have to start the process over for everything. Okay. Not just the COP part. Right. Okay. Thank you. Uh who's going to speak? Mr. Link. Who's who's coming up on Ink? Ink. Link. Ink. Link. I'm in need of a new father. I'll take Mr. Inc. [laughter]

For the record, James Ink. No relation to the council lady. [laughter] Thank you for clarifying that. Yeah.

Uh, previously tendered an expert in planning and civil engineering and and continued to do so. I had a presentation, but I think I just pulled an audible as we were all sitting here and you were discussing with Jason on what occurred and what didn't occur. So, what I'd like to do as as part of this is I'm going to walk through the history of this project of what we've done, where we've done, why we've done it, and then Mari Torus's going to come up and she's going to talk a little bit and then I'll close and we can go to public hearing and rebuttals and and the normal process. So, what I want to do is back up is as we all know, the Women's Club's been in existence for 60, 70 years. They've been on that property for a long, long time. They've been real good stewards. They do an exceptional job of public service. And then Ian came along in September and destroyed their building and they needed to do something. They started in March of 2024 with a call to Albert at Studio A that says, "We need a new building." Which then brought me on board. And as you all know, we we're doing this because we believe in the project. We're not just hired hired people to do this project. We thoroughly believe and and I'm not being compensated. I believe so much for this. Um, so we had this preapp in July of 2024 of which Sarah Post was there, Jason Smallley was there, Jason Green was not where we had that discussion of where the women's club fits into the land development code from there. staff believe that

cultural facility is not really what their venue is. Cultural facilities is art museums and and those type of things and what the women's club is a public service. Women's does public service. So it was some discrepancy there and there was a little uncomfortableness as we did our research on that of how that fit in of if we were a cultural facility in the code and here's our mission statement that doesn't talk about that does that cause uh some conflict with the IRS when it comes to the C3 nonprofit status because there's 20 something different nonprofit categories and buckets that you fit in and I'm not an expert at that but there's a lot of them and it's real real important that you stay within your lane to keep your nonprofit status. So as we went through that um Jason was correct we wanted to have outside on-site consumption on premises that required a special exception at a minimum. So we were in the public hearing process anyway. So as we went through it and talking with staff at the time, it just made sense that we would add membership organization to a new schedule of uses that is essentially a edited version of institutional which is what we were existing. and that created our schedule of uses to go with our new master concept plan. So in July, we submitted an application for a CPD with the master plan with those schedule of uses.

That hasn't changed all the way through today. They came back, staff came back with an RAI. There were three very small things they wanted us to add outside to our consumptive on premises. They wanted us to clarify the square footage of the building and there was one other very small tweak such that we got done. We got staff to render us sufficient on the application and review. They subsequent scheduled this for the LPA. Staff created a report. They didn't have any problems with the profit, nonprofit, any of those kind of issues that we have today and they recommended approval. We went to the LPA in October of last year and LPA had minimal comments. There was one public there that did raise one neighbor that did raise the issue of well if the women's club goes away what's going to happen. There was some rumor mills and discussions of what was going to happen on the parcels that are not ours out on a stereo, the old car wash and and those parcels and how's that going to redevelop and there was rumors that potentially the women's club was going to sell. I'm going to let Mari actually talk to that because that's outside of of my work. So, we went to the LPA. LPA had minimal comments. I rewatched it yesterday to make sure everybody had the comments and they voted 6o and they thought it was a good job. We went about our way. This should be a simple case, but being on Fort Myers Beach, things happen.

Stop my line. Would you stop stealing my line? [laughter]

So, we go to the first council meeting in January. Come before you. We present. There were a couple comments. Uh, Coun Councilman Safford says, "Well, you only have COPD on the lawn. Why don't you have it on the parking lot?" Great idea. Um, there was public comment again that said, "Well, if the women's club goes out of business, we'd like it to revert back to institutional zoning, which our esteemed town attorney says doesn't work that way, that you can't do that." So, we got unanimous approval to go to the second reading with with those two comments. So, we came back in February and we started into that discussion and then we ran into the little advertising issue and we decided to go back. We changed the advertising on the sign. We did what we needed to do with the clerk and we're back before you with still the same basic question is all we're asking for is to add membership organization as a new use to a paired down institutional schedule of uses. We took out helport. We took out some things that just didn't make sense as our schedule of use on a master concept plan that we cannot deviate substantially from this plan unless we come back before you. So the whole idea of the rumor mill and and everything that there's parts of some plan is is just not valid. We're here for this plan this year. After our second council meeting, we went on March 2nd and we did have a

neighborhood meeting that Councilman Stafford referred to and we talked about that meeting and and it got a little contentious in a couple places of um one of the residents, a planner pulled out a plan from our preapp and says, "Well, your schedule of uses has residential and it has other uses on on your schedule of uses." It did at the preapp. It was institutional zoning. You can't build a house in institutional zoning. [snorts] But as we went through the process, we paired some of that down because if we left, as an example, if we left residential in there, staff says, "Well, what's that picture look like?" Because you have to have a master concept plan. We really don't have a plan to do residential. So, we took it out. If somebody should this be approved, if somebody wanted to come back and add that back in, they would have to come back before you to add those kind of uses back in if there's some kind of there. So, the whole point of this that that I really wanted to say is the women's club's been here for an awful long time. They do an incredible public service job. Just look at Saturday last week of of the St. Patty's parade. They just want to build their spot. They want to operate their spot. They enlarged it to this new building so that they can do more and they can have some affiliated nonprofits such as what you heard one of the emails. Um, one of the sidebars that I'd just like to mention is in most all of the jurisdictions, I can't even think of one that doesn't,

when an email comes in as part of public record, it gets sent to the applicant. I didn't get any of those emails. Oh,

I didn't know anything. So just I think maybe the town could do a little better job at at communicating those things so we know what is on the cases. So we just want to rebuild what's there. We we added in the picture that you all saw. We want that to be part of the CPD so we don't get stumbled up in the DO and the architectural design guidelines of the land development code which we are experiencing on other projects.

There's quite a few I know staff is struggling with it. the outside world is struggling with it of we do pretty buildings that you see and you love and then when we get to the DO we have to change them because they don't meet the land development code. It'll be wonderful when you have the ability to after the comprehensive plan to update the the land development code. But that's not today. We have to live with this cobbled together code that was um based on the Lee County code. And one of the other things that came out of that m March 2nd meeting is Lee County, Kier County, they all have expanded things about using a club and what that means. Public, private, fraternal. Um, so I'm back and refresh my memory. I I was pretty clear. Lee County, for example, has three. They have public, they have private, and they have fraternal. In a definition of a club, none of them are nonprofit. They don't mention nonprofit anyway. Collier County the same way. Adding nonprofit on it we feel is restricting the potential of a doomsday scenario of the women's club is not there 20 30 years from now when you know we're all not here the testimony is not here it's a bunch of new people and they're just trying to do it. So our position right now is we want to leave it the way it is. We were in our opinion we were forced into the CPD. I mean we didn't want to do this in the first place. We just wanted to do a special exception. It cost the women's club I don't know what the fee about like $5,000 extra on fees to do this. The

process is so similar that we didn't really object to it other than the fees. So that's where we stand. I want to bring Mari up. She wants to add from the perspective of the women's club and you know what it means that we're trying to do. Okay. Thanks. Do you prefer Mari or Mary? Usually Mary [laughter] I changed this morning when I heard somebody call her Mari. Me too. [laughter] Me too. You asked my question. Good.

Good morning. Uh Mary Torerson, uh resident of Fort Myers Beach, member of the Fort Myers Beach Women's Club. Um I just want to kind of give a timeline about my involvement with the women's club, kind of the processes of how we've gotten to where we are today and and the position that the women's club has about some of these things have been being discussed. Um I became a women's club member in 2017 when there was 16 members there. um they were struggling to recruit new members and there was a lot of uncertainty about its future including consideration of donating the women's club property to the town of Fort Marers Beach. In 2017, prior to the influx of members, the club had 16 members and about $50,000 in the bank, mostly in savings, and it was dwindling quickly to due to minimal income in uh many repair items that needed to be addressed at the property. At the time of Ian, we had 80 members and about 100,000 in the bank. Today we have 220 members, a solid seven digits in the bank, and $450,000 in commitments to the rebuild of the women's club. Following Hurricane Ian, the board voted and approved an emergency deviation from our mission statement to help the residents of Fort Myers Beach. While the entirety of our island membership was displaced, we took our first donation on September 30th, and the 33931 fund was created. That fund gave more than $730,000 in funds to residents in the 33931 fund at $500 a household at a time. That those um that money was displaced people just excuse me. Um a handful of displaced volunteers collected funds, processed applications, and put money into the hands of those that were directly affected by Hurricane Ian. to speak to where we are in this zoning process. I was on the phone um in July of 24 with Albert and um not this Jason, the other Jason and Jim. Um when we were in that pre-lication interview, I was asked, "What do you want to do?" I said, "We want to do what we've always done. We want to have fundraisers. We

want to have our membership meetings there. We want to be able to host um bridal showers and writing receptions." And the question was specifically asked, "Will you be having alcohol on property?" Well, I want to do what we've always done. We're going to have alcohol on property. And that began us down the path that we were told that we could not do alcohol in an institutional zoning. Um, I was really shocked by that. It kind of took us down a whole another path that I didn't know that we were going to have to go down, but here we are. Um, the first discussion about adding nonprofit to the CPD was first mentioned when the LPA when we presented to the LPA on December 16th. This was not added to the CPD and the LPA voted unanimously in favor of the CPD. On January 19th, Patrick Vaness emailed the town council suggesting the following. The MCP allows for membership organization and recre recreational facility. My suggestion is to annotate those uses to the following. membership organization limited to nonprofit organization only. Recreational facility limited nonprofit organization only. There was discussion about this during the January 20th town council meeting. At that meeting, it was said that we could have a discussion with staff to add nonprofit to the CPD. It is the position of the women's club that we do not want to add nonprofit to the the CPD. Following the postponed meeting on February 16th, Patrick Vaness called me on February 23rd. members of the women's club met with neighbors at Leo Diabasi's home um on March 2nd. During the phone call and during the meeting, the example that that they used is that they don't want a housing association off island with a thousand houses to buy the women's club property and use it as a beach club. There are two points to make here. The first one is adding nonprofit to the CPD will not prevent their specific example. There are 32 classes of nonprofits in the IRS tax organization or IRS tax code. Housing associations are one of them.

Um, personally, the second one for me is I feel adding nonprofit to uh the CPD will uh devalue our property and I cannot make that recommendation to the board of directors. At the March 2nd meeting, Patrick informed us that we should be handling the zoning process or how we should be handling the zoning process. It was left that he would reach out to town staff with what he thought could be done. He sent that email on March 5th. That email refers back to institutional zoning. Patrick writes, "Institutional zoning allows uses according to table 34.2, which I don't have, but I'm guessing you're familiar with under the institutional zoning district, civic uses are categorized as open, which means that restricted, limited, and open uses are allowable per table 34.1. Under 34.1, cultural facility is allowed via a special exception, section 34.2 two defines cultural facility as follows. That [snorts] goes on to say, "Cultural facility means facilities of historic, educational, or cultural interest such as art galleries, aquariums, botanical gardens, concert halls, historical sites, and museums." He finishes, "We believe the women's club is consistent with this definition, and while not explicitly included in the examples provided, the list is not meant to be exhaustive due to the use of the preposition such as." My reply to that is rebanding rebranding the women's club as a cultural facility would be would put our 5013C at risk. Specifically, an organization must pursue must pursue the exempt activities it promised the IRS application um for exemption. When applying for a 501c3, you provide a mission. Our mission statement is the mission of the women's club is to support educational and recre recreational activities for nonprofit charitable and community organizations operating within the greater Fort Myers Beach community. We are not a cultural organization. We do not plan to become a cultural organization and adding it to a CPD jeopardizes our nonprofit status.

Finally, the item that came up Finally, the item that came up in February 17th meeting was a bylaw addition that was voted on by the membership on March 4th. The bylaw addition is article 4, dissolution of nonprofit and real property. Section one, should the membership of the club determine maintaining a nonprofit status is no longer feasible and voting members vote to dissolve the nonprofit, a sevenperson committee shall be appointed by the board to determine best solution, best dissolution practice and distribution of assets. We have been asked why we are doing that now. We have had discussions about it for a while, but at the January 20 20th meeting when Scott Safford asked if funds from a sale would be distributed to other nonprofits, it got us thinking. What is our what is a dissolution plan? We didn't have a we did not have a policy or bylaw to address it. Therefore, one was written. It was added now because our year- end meeting is held the first Wednesday of March. Our fiscal year runs April 1st through March 31st. At that meeting, voting members vote on incoming board of directors and any changes being proposed by the bylaws. [clears throat] Doing this doing this as outlined in our bylaws, section one. Every year, a committee shall be appointed by the board to review the bylaws. The month will be decided by the board of directors and any member may submit in writing proposed amendments to the bylaws no later than 5 days before the designated regular meeting at which time the membership will vote on the bylaw amendments. [snorts] During the involvement, during my involvement with the women's come, there has been three bylaw changes. The first one when we changed from a 501c4 to a 501c3. The second one after hurricane Ian and when we lost everything. And now when the women's club is stronger than it's ever been and has more assets, it's time to talk about it. Um, similar to a will, we're not hoping to go anywhere anytime soon, but it's not a bad thing to have in place. I'd like to add that we recently um announced our partnership with Colt Stinson and Vesselcraft Homes. Cole brought his sub subcontractors to a lunchon and there is significant interest of gift and kind contributions to assist with the rebuild of the

women's club. Please hear this. Not only are we not there are no considerations of selling following our approval today, Jim will begin um Jim will begin our development order. Don't run off, Mary. Maybe somebody's got questions for you. You got a question? [laughter] John, do you have any questions for either of the applicants? I don't I apologize for mispronouncing your name. [laughter] Councelor Link, no questions at this time, Mary. Councelor King, nothing. Vice Mayor Zapper, nothing at this time. All right. Thank you. Thank you. Jim, do you have more to add? Yes, I do. Okay.

You knew that's the case. I just like to sum up in in real simple just straightforward terms. We have been transparent through this whole thing. All the Women's Club wants to do is rebuild their facility to do more and better public service. That's our whole request. We've been fighting this uh attack from our flank uh headed up by a very skilled planner that has created confusion. And I just wanted to state that we're here to rebuild the women's club, not sell it, not add it to uh the property out front and use it as part of the deviations requested for the hotel out front. That's in process. The application's in process. So, I'm asking you to approve the CPD the way it's written with membership organization with adding the architectural guidelines with expanding the COPD. And I'd like to refer uh reserve time to rebut after public comment.

Certainly. Thank you. Thank you. All right. We'll now open public comment. Go ahead, Amy. Okay. First up, I have Chantel Blaze. After Chantel will be Deb Nelson.

Okay, Debb Nelson. After Deb will be Donna Marie Rich. Good morning. I think it's still morning. My name is Deb Nelson and I'm a board member of the Women's Club. I'd like to share something that's very simple and very personal and that's why I joined the Fort Myers Beach Women's Club. I was born and raised on a farm in Iowa. My family worked hard for everything we had. We lived off the land. We worked from sun up to sun down. But the most important thing I learned about growing up in the farm had nothing to do with livestock or the crops. It had everything [clears throat] to do with people. Our community was tight. We stood up for each other. We took care of each other. And if a neighbor got sick or someone was injured, no one waited and had to ask for help. We just showed up. Helping others wasn't a program and it wasn't a committee. It was just simply the way we lived. And the lesson stayed with me my entire life. When I walked into my first Fort Myers Beach Women Club meeting, and that was after Hurricane Ian, something happened that I had not felt since the day I left that farm in Iowa. I felt like I was home. I saw women who care deeply about their community. Women and men who show up. Women who believe in honesty, have integrity that's beyond what I've ever seen and the way they serve us. Women who give their time and energy, not because they have to, but because someone else needs it. And at that moment, I knew I'd found my people again. Because helping others is a gift. It costs the person receiving it nothing. And for those giving it, it cost us a little bit of time and a whole lot of heart. And I want to be very clear about something. The Fort Myers Beach Women's Club is not going

anywhere. We're not looking to sell and we're not looking to dissolve. In fact, we have recently strengthened our future by updating something else in our bylaw that no one else has talked about yet. Every new member has to be sponsored by a current member, and that's a current voting member. Why? Because we want to make sure that every woman or man that joins shares the same purpose, the same feelings, and the love of the island like each one of our current members. So, those new members will continue to take the best care of our beach, take care of people who live here, and support the growth of every nonprofit on this island. And these words are not just a statement. It's a commitment. When we bring women into our club who share the same mindset, who believe in service, community, compassion, and responsibility, this club will remain strong. New members aren't going anywhere, and neither are we. This organization has stood for 70 years. 70 years of women showing up, helping others, and making this island as strong as it can be. And I'll promise you one thing, we're not selling, and we're not going anywhere. Thank you,

Mr. Mayor. If I could just interject for a moment out of curiosity, Deb, where in Iowa? Moringo, Iowa. Okay. Amanda Colonies. Yep. How about you? De Moine. But my mother was a All right. Iowa farm girl. Hawkeye or a cyclone? We all Well, I'm married to Hawkeye, but I'm all Iowa. We all know the humor. We all know the best joke about Iowa. The best thing to come out of Iowa is I35. Just Thank you, Deb. That's so you can get out of Minneapolis in Minnesota. Who's next? That's true. Donna Marie Rich. After Donna Marie will be Kathy Nash.

Hello. Uh, my name is Donna Marie Rich. Um, I'm a proud member of the Fort Meyers Beach Women's Club and a board member. I joined the women's club shortly after Hurricane Ian. Like so many in our community, I was looking for ways to reconnect, rebuild, and give back. What I found in the Women's Club was a group of people who were incredibly supportive of one another and deeply committed to helping our community recover and move forward. From my very first meeting, I was struck by the energy, kindness, and welcoming spirit of the members. They are dynamic, down-to-earth individuals who make everyone feel like they belong. In this club, every member is recognized, valued, and encouraged to contribute their ideas and talents. The women's club is much more than a social organization. While we do host social events that bring people together, we are also deeply focused on service. Through our fundraisers, we give back to the community and support other organizations that are doing important work right here in our area. We also provide opportunities for education and collaboration. At our most recent meeting, for example, members of the fire department joined us to provide AED instruction, practical knowledge that could help save a life. Events like these connect our members with community partners, nonprofits, and local leaders. Through our alliance and partnerships, we create meaningful relationships that

strengthen the entire community. These connections lead to new opportunities, new collaborations, and lasting friendships. Even after losing our building, the spirit of the Women's Club has never wavered. We have continued to meet, organize events, support our partners, and serve our neighbors. In fact, in many ways, our determination has only grown stronger. Rebuilding the Women's Club building is not just about restoring a structure. It is about restoring a gathering place for service, education, partnership, and community connection. It will allow us to continue the work that we're already doing and expand it for the future. The Women's Club has been a positive force in this community for many years, probably over 70, and we are committed to continuing that legacy. With your support, we can rebuild a space that will serve our community for generations to come.

Thank you. Thank you,

Kathy Nash. After Kathy will be Don Thomas. Hi, my name is Kathy Nash and I live off Bay Beach Lane. I first came into contact with the women's club. We moved here from Annapolis, Maryland. And whenever you move to a beach town, at least we none of our brown furniture. Nothing fit. So, we sold or got [laughter] rid of everything. Come to the first Christmas. We need a Christmas tree. We heard about the Christmas tree festival. We went to the Christmas tree festival in the old building and we found the most colorful Christmas tree that the little league had put together and we bought it. But while we were there, we got to talk to some of the people and when we left, my husband said, "You need to join this group because they have too much fun." And I did and I have been and am in other groups on this island. The women's club is thriving. They are fun. They are a fun group. They do so much for the community. the Putin Pub, all the different events, the St. Patrick's Day parade, they're staying, they're growing strong. I've got more members that I've brought in, and I just ask that you approve this. Thank you.

Thank you. Uh, Don Thomas, after Dawn will be Greg Scaznney.

Good morning. My name is Don Thomas and I am the past president and co-chair of the capital campaign for the Fort Myers Beach Women's Club. For nearly a century, the Women's Club has served this island with a single mission to support the community of Fort Myers Beach. Through fundraising efforts, we have provided hundreds of thousands of dollars to local nonprofits, residents, and community programs. Everything we do is centered around service and streng strengthening this island we all love. When it time came time to build to rebuild after Hurricane Ian, we did not take any decisions lightly. We worked closely with the town of Fort Meers Beach and followed the town's recommendations regarding zoning. We were advised by the town that commercial zoning was the appropriate classification for our property and club and we followed those guidelines. We did so openly, transparent transparently, and in accordance with the direction provided by the town. Our intent has always been clear to rebuild a clubhouse that is for the community that continues to serve the residents of Fort Meyer Beach just as it has for generations. Throughout this process, the women's club has been transparent. Our plans, our fundraising, and our goals have all been discussed publicly. The new building is designed to be a community asset, a place for nonprofit events, educational programming, charitable activities, and gatherings that support social and civic life on this island. What has been particularly difficult for our organization is the suggestions suggestion that we are somehow being disingenuous. That could not be further from the truth. In fact, we have been contacted twice to sell our land. The first time it was Patrick Fass for his client. The second time we were approached by Spring Lake Capital, which is also Patrick Vanessa's client. Both groups expressed interest in purchasing our property and/or buying land space for the parking lot. Those conversations did not start with the women's club and we have not pursued

those opportunities and we have as we have no intention of selling our property to outside developers. However, we have also been asked by the members of the neighborhood to place a restriction on our property, stating that the land were ever sold in the future, it could only be sold to another nonprofit. While we understand the sentiment behind the request, such a restriction would significantly significantly reduce the value of the land and limit the women's club ability to reasonably steward one of its most important assets. It would essentially place limitations on private nonprofits property that are not typically required of other property owners. Our responsibility is to is to protect the long-term viability of the women's club so that we can continue serving this community for decades to club to come. So when we hear that the claims of the women's club is somehow acting in bad faith is frankly surprising. We have been following the town's recommendations and we have been transparent in our plans. We are not a developer. We are not a community commercial venture. We are a nonprofit organization dedicated in helping this community recover and thrive. Thank you.

And I'm from Iowa, too. [laughter] That one I knew. Greg Scazznney. And after Greg is Barbara Mezy.

Hi, my name is Greg Scazny. I'm not from Iowa. Um, I'm speaking on behalf of myself and my wife. We live at 117 Andre Mar Drive. Um, we're full-time residents of the island. Um, I don't think it's any surprise that many of you know I've been very vocal on the redevelopment of the island and the community that we have on the island. There is no organization on this island that speaks to community more than the women's club. Um, after the hurricane um my family was denied assistance from every major um uh large not for profofit, the federal government, Red Cross. No [clears throat] one wanted to help us after the hurricane. And I I'm not one to really ask for help. Um, you know who did step up was the women's club. The women's club came and gave all of us things. And and you know, $500 may not seem like much, but when you've lost everything, when your family has lost everything, when your children have lost everything, it makes a big difference. Um, it it it moved me so much that I am a member of the women's club. I'm one of the few male members of the women's club. Let tell you, these women are are are uh are women that are not to be trifled with. They they do a wonderful thing. You can't speak about Fort Myers Beach community without the Women's Club being involved with it and what they do for the other non forprofits. What what the Women's Club have helped funded for other not for profofits and what they did for my son after the storm gets me very emotional. Um I I implore you this is the right way to do development. They're being upfront about it. They're showing you everything that's on the table. There's no backroom deals. There's no all the things we've been bickering about as a community here um about the redevelopment of the island. That's not happening here. This is appropriate development for our island and I hope that you guys would approve it as it is. Um and let's get moving. They deserve it. We deserve it as a community. Thank you.

Thank you. Uh Barbara and after Barbara will be Anita Sarasita. Give me a card.

Morning. My name is Barb Mazeski and I am president of the Fort Myers Beach Women's Club. I'm proud to say that I'm proud to represent this organization and am a strong supporter of more than 200 plus members, men and women. Additionally, I have been a resident on Fort Meyers Beach for 25 years. I moved here from Michigan. go green. [clears throat] Uh in 2001, my home is directly across the canal from the Woman's Club property, and each day I am reminded of the impact of Hurricane Ian and what it had on that property. Since its inception, the Women's Club has maintained a reputation as a good neighbor to all surrounding residents, including myself. Our current request for a change in zoning would permit us as a membership club to have alcohol during um events at our clubhouse. With approval of the CPD, we would be able to host functions such as weddings, receptions, family reunions, and community events and be able to serve alcohol. When things do not make sense, I step back and analyze why that may be. In this situation, it appears that there are activities happening behind the scenes that lack transparency. I'm seeking to understand what is causing such confusion and uproar regarding our request for this zoning change. We've worked diligently and tirelessly to rebuild this building, cooperating with Jim Inc. in Albert Damros to ensure our plans are aesthetically pleasing to the neighborhood. And our intentions are not to cause division or difficulty. Rather, with limited funds, we're doing everything we possibly can do to create a beautiful building for everyone to see

and enjoy. After Hurricane Ian, lowball offers were made to buy our property. I was not on the board at the time, but I understand that these offers at 30 cents on the dollar were not considered serious as a woman's club had no interest in selling the property. I also understand that there are still some interested parties that are advocating for the sale of our property for the benefit of themselves. Why on earth would we sell a property we're trying so hard to rebuild? I don't understand the hesitation to grant this CPD. It's it I just don't get it. I trust that the council is is astute enough to recognize the honesty and integrity of our intentions. Our goals are for the benefit of the entire community, including our immediate neighborhood. The proposed CPD change is not solely for our club's future. It's for the future of Fort Myers Beach as a whole. Thank you for your time. Thank you,

Anita. And after Anita is Ron Back. Uh, good morning everyone. Anita Sarasita, not from Iowa. Uh, but you could be.

I could be. I could be because I love farmers. So, it could very well be. Um, I am uh here to respectfully ask you to uh approve this CPD request as it has been submitted. One of the most difficult things as an LPA member or as a council member is to listen to formidable women and gentlemen uh speak about their passion, how they feel about something. Feelings have nothing to do with zoning. Zoning is a case of facts and information that's presented to you in the course of a quasi judicial hearing like this. I could stand here and tell you lots of emotional things about the women's club. There are many, many ways to rebuild a community and the women's club is bearing the brunt of that on their back. Building community, not just buildings. So, we all want to see brickandmortar things go up and we certainly want to see this accomplished, but you've not been given a single reason not to approve the CPD. There was no reason given in the LPA hearing. It passed unanimously. It passed unanimously here in front of the council in the first reading. No reason given not to approve the CPD. And then for whatever reason, and I still don't understand it, Patrick, the hoopla began. The hoopla, I mean lots and lots of hoopla, which I still do not understand. It's emotional and it's unfortunate that it's emotional for the neighbors who have been impacted by that. But there is no logical legal reason that's been given to you not to approve this path that the Women's Club opted to go through, paid to go through, has diligently proceeded through, and hired best-in-class folks like Albert and Jim Inc. to help them with their application.

So, uh, listening to everybody tell you how much they love the Women's Club, hear me, I love them, too, and I'm one of them. But listen to me as a member of the LPA and former member of a council which had to listen to all of this stuff as you are this morning and recognize that it's not our jobs to amend or change or give people an idea how they should do their application better. It's your job to decide whether or not the application meets the criteria in front of you and this one does. And I respectfully ask that you approve. Thank you. Ron Back and after Ron will be Kristen Carrington.

Morning, Ron.

Good morning, Ron Benock. Uh 210 Sterling Avenue and uh I've been here a few times and have met with people. Um yeah, we don't understand the hoopla neither. I really don't. Um let me start off. Good morning, Mayor Ellers and Vice Mayor Stafford. town council, town manager, and all of you that have been here today. Um, once again, I am here to voice my support for the Fort Women's Beach Women's Club rebuild. I have stated in December at the LPA that I was in support of the Fort Myers Beach Women's Club rebuild. [snorts] In January at the town council meeting, I voiced my support for the Fort Myers Beach Women's Club rebuild. In February, I voiced my support for the Fort Myers Beach Women's Club rebuild. I stand here in front of you again today voicing my support for the Fort Myers Beach Women's Club [clears throat] Rebuild, their mission, and all of the good that they do for our island. And we all know that they do good for the island. We all know that. I even walked up and down as Daryl this past Saturday selling jello shots and helping raise over $1,500 for Fort Myers Beach Women's Club this last Saturday. It was fun. Women's Club is fun. But during the same time, all that we, the Mcvy Park neighborhood, are asking for are some guard rails along with the zoning change that they are asking for so that our neighborhood would have some protection if, god forbid, the club has to set close and they sell the property. That's all we're asking for. There's been so much misinformation that our neighborhood was working to stop the Fort Myers Beach Women's Club from rebuilding. This is so far from the truth. We want them back. They were a good neighbor before and we know they'll be a good neighbor again. We want them

back. But just think of the neighborhood if like they like Jim said earlier, you know, the uh the if the worst case thing happens, then that's why you have this in place so that they can sell it so that they have more value to their property. Well, again, that's that's all all we want is their beautiful building to be built back so that they can carry on with their great work. And again, all we're asking is that you please consider our MCI Park neighborhood when voting on the zoning request today. That's all. Thank you very much for your time.

Kristen [clears throat] Carrington and after Kristen will be Peter Andis.

Good morning. I'm Kristen Carrington, co-founder of FMB Tip Jar. Uh my daughter and I founded FMB Tip Jar after COVID hit. We're we've been residents here for about 12 years. Um come from Illinois, not Iowa. So go Alii. Um but we started FMB Tip Jar as we saw all of the island workers being put out of work. So it started as a directory that's online. So the applicants can sign up and just put their Venmo, um, Cash App, PayPal on the directory and they were getting tips. We didn't know from who. Nothing came through us. So after that, I finished it up as a 501c3. Don't know why really, but when Hurricane Ian hit, I knew why. So uh, two days after the hurricane, we started getting donations into our, uh, organization. And then the women's club came along and uh over the last few years since 2023 they donated about $25,000 and through us island workers, hospitality workers got direct donations to help them during these times. So um we had at one time nearly 300 servers signed up on our website. So, people still were tipping them up north, finding their bartenders, servers, sending them direct tips, but then the women's club made the hugest impact through us. Um, I had a few people that I wanted to come and speak, but thankfully they're still working on the island after going through everything. Um, so, but they gave me some some um reflections on how this helped them. So from John and Donna, we have lived here uh on the beach for 21 years. We have supported the women's club over the years with their various fundraisers. Uh with the

leadership of Kristen Carrington, FMB Tip Jar started with COVID. We had moved the same week it hit and lost our jobs and were closed down. Tips helped us with food and bills and we're not sure how we could have still been living on the beach uh without FMB Women's Club's help. uh from Craig. I honestly don't remember how much I received, but really appreciated it. It was great to cover my bills during the hard time. Um and then Allison was just here. She had to go to work. Um after losing everything in Ian, having support system was crucial. FMB Tip Jar did an amazing job. Everything through the women's club that came in helped us so much. The women's club has been a staple on the island since we've lived here. So give the women what they want and let them rebuild. Thank you.

Thank you, Peter Andis. After Peter will be Lori Webster.

Good morning, Peter Andis. [clears throat] Um I'm here representing Snug Harbor Restaurant, Wahoo Willies, and so on in Fort Myers Beach. Um, first of all, I'd like to thank the Women's Club for everything they've done for our community, for our restaurants, for our businesses to help promote Fort Myers Beach as a better place. Um, obviously I'm in favor of the women's club approval approval of the clubhouse. Um, they're just wonderful partners, not only for Fort Myers Beach, um, but to work with. They're so professional. Everything that gets done with them is always in a professional manner. They're so outgoing, wanting to help businesses. And I'm sure there's not just restaurants, but every retail, every person on the street that a women's club comes along with, there's such a positive um impact on. And uh I'm so happy to be involved in the events they do. And uh like Greg said earlier, it's you know, there's men involved too. So, it's not just the women, but you know, men are willing to help out because they see what a positive uh job that they do. Uh the amount of money they raised is, you know, ongoing and and over and over, uh above and beyond. Um I think volunteers is just a part of what Fort Myers Beach is, whether it's business owners, um of course, uh residents, but the people that come down here seasonally, the people come down to visit and think, "Wow, we're part of Fort Myers Beach." even if they're just here for a month or two during the winter, they really feel like they're part of Fort Myers Beach and the volunteers uh leading the way is the women's club um to be a foundation on Fort Myers Beach. So, uh I really hope you move forward with them. Thanks.

Thank you, Peter. Lori Webster and after Lori will be Cole Stinson.

It is still morning. Good morning again. My name is Lori Webster. a resident of Kuru Street and have been a member of the FMB Women's Club since 2023. As were most of the people in this room, we were greatly impacted by the by the hurricanes. At a time when I was feeling very low, I was introduced to the women's club. Sorry. [clears throat] This had a huge impact on my life. Within the club, I met women who I now proudly call my friends. We have a lot of fun together, but we also support one another and the community. The impact of this group of women on this island cannot be overstated. From big events to small simple gestures, it would be difficult to find someone who has not been helped in some way by this club. As an active member, I can tell you that the planning and forethought actively happening is but one indication that we are not going anywhere. The St. Patrick's Day parade and afterparty just happened and we are already making plans for next year. The Christmas tree festival and putton pub plans are also well underway. Three big events with even bigger impacts on the community. I'm very confused by where the concern of us selling is coming from. The amount of time and effort put into fundraising and planning should stand alone as proof that we have no plans to go anywhere. At no time has there been a meeting where the membership was informed that it was even a thought. The only plans that we have are to continue supporting the other nonprofits of the island and be the best partner to every person we interact with as we have for the last 70 years. Each and every one of you have fought in some way to restore this island to its pre-Ean paradise. That is all we're asking for today. We want to we want our home back. We want to be able to plan a

meeting and know where it's going to take place. We are essentially couch surfing at the moment and want nothing more than to have our own place. Your yes vote today is the next step in achieving that goal. Thank you. Thank you, Lori. Cole Stinson and after Cole is Patty Festy. Okay.

Okay. Well, everybody who spoke before me was so eloquent. I am not. Um, I've been on the beach for my whole life. You know, I don't live here anymore. I moved out east. Um, my grandparents owned a deli in where Dusseldorfs was uh in the 70s. My mom was a waitress pretty much every restaurant, you know, on the beach over 30 years. Uh my dad was a carpenter, a handyman, whatever you want to call it. And um I feel fortunate to have grown up in a place like Fort Myers Beach, you know. Um there was always a strong sense of community. I mean, I wish some of my teachers from Beach Elementary were here. Uh because Fort Myers Beach is probably one of the only places that had a strong enough sense of community u for me to be able to make it out of grade school, frankly. Um, and uh, like I said, I just can't really express how grateful I am to have be been raised here and now today to be able to work here. You know, I have a lot of great clients. Some of them are here today. Um, I guess the second thing I'd bring up is the amount of uh, work it takes to plan events, parades, you whatever you want to call it. I know Jeff because I did some stuff with some fireworks after Charlie to get the first fireworks show back. Um, and it cost me a lot of money um, frankly, but it cost me a lot of time and um, the fact that the ladies from the women's club and some of the guys are willing to put up their time um, to keep those elements of Fort Myers Beach that make it feel like a local small town. Um, I value my time more than I value money, frankly. Um, and I'm going to do whatever I can to rebuild the Beach Women's Club at a good price. You know, um, we had a wonderful

meeting with many of my vendors at Mary's House and I've already got some bids back that just say zero at the bottom. I don't ask a lot of favors from my vendors. My jobs go well. They go quick. Nothing like government, no offense, but uh, my jobs go [laughter] my jobs go quick. you know, everybody knows every some some of you have seen them, some of you haven't, but um I don't ask a lot of my vendors. Um it's usually just straight business. Um but I've asked them to contribute and um that's because I believe that the time the ladies give up to make the beach feel like a community is a value to the community. So, I can't tell you what it's going to cost yet, um, or anything like that, but we're going to get it done for a really good price. And, um, you know, that's it. Somebody's got to do that work. Uh, the beach doesn't have time to do it. I don't see many other organizations stepping up to do it. So, I think they deserve a place uh to operate out of and a place that could potentially generate revenue um, and a nice building in general. Thank you.

Thank you, Cole. Uh, Ellen Vaughn and after Ellen will be Nan Williams.

Uh, Ellen Vaughn. Um, yeah, live live at 7500 Dstero and involved with lots of stuff. That's why I come to talk to you about lots of things. I want to weave together a little bit about what people have said about all that women's club has done and what Anita rightly reminded of. This is a this is a a a a decision that you need to take your heart out of just and just do it with with your head. I want to weave those two things together by saying that I think the concerns about the women's club going away. Well, you can see the strength of it now. That's not going to happen. I want to say that like Mary and Don and Ben Milligan and a few others, I was part of that group that took that when the when the women's club was down to 16 member, we were actually three that had been added in because they had been down to 13. It was a very serious situation. Well, in the buildback, the women's club has become something that, as many people have said, is a very dynamic organization run by a lot of people that have very strong professional credentials and have built it into something that's not in any stretch of the imagination anywhere likely to ever go away. One of the things that I learned recently is that the women's club really had a dip in membership when Bay Oak started in uh offering bridge. So all the people that had been members of the women's club because they like to play bridge went to Bay Oaks. All right, that makes sense. The women's club didn't pivot and come up with something else. I think the group of people that now are involved in the women's club, if something catastrophic were to happen and the reason for people joining went away, they would invent new ways for have finding people to want to join and I think that they can was have shown the grit to be able to make that happen. Thank you.

Thank you, Ellen. Nan Williams. After Nan is Howie Hoffman. still here. Good morning. My name is Nan Williams and I am a current member of the Fort Meyer Speech Women's Club. In the past, I have been on the board. I was treasurer for two years. I was the vice president of membership and I was a member of board at large. Uh the whole reason I got involved with the women's club is because I moved here from Ohio. Sorry, John. And it's four letters, so it kind of works. Um, and I remember there is some confusion occasionally.

Yes. Well, my husband was still working at the time and he traveled a lot and I really wanted to get involved in the community. My grew up very much like Depp. My family, we were volunteers always. And I also wanted to get to meet people. And people talk about us being fun. We are fun. We are a ton of fun. But we work our butts off. We really do. And if anybody in here worked this St. Patrick's Day parade, I can see so many faces. We were there at 6:00 in the morning. We were there cleaning up at 7 8:00 at night. We were back the next day. We're there. You know, we really, really work hard for this community because we love this community and we want it to thrive. And again, we want our home and we really hope that you approve the zoning request as is. Anita said it perfectly. I cannot talk over Anita. No one can. Um, but please think with your heads and a little bit with your heart. Thank you very much.

Thanks. Nie. Howie. Is he still here? Oh, he is. Oh, there he is. After Howie is uh Patrick Vaness and I have three people so far that have seated their time to Patrick. I've already spoken and told you what I truly feel about the women's [snorts] club. They're great. They do everything for our community to bring back that good vibe. Give the women what they want and make sure that includes alcohol. [laughter] Thanks, Obie. [laughter] Patrick.

So, do you have you had three? Is that including Patrick or I had two? have Patrick and three more. Oh, and three more. Yeah. Okay. That all have given their time to Patrick. Okay.

Good morning. My name is Patrick Vaness. Um I am a Lauder Street resident. I've been there for 22 years and I am two houses removed from the women's club. Um as you know and and it's been mentioned, I am also a certified planner. And um I am here today representing my family and also speaking on behalf of uh numerous neighbors that are uh from the neighborhood and those neighbors can raise their hands. Um so I will be speaking on their behalf. Um just to clarify, I think I've got 15 minutes at least for public comment. And I'm going to try to keep it short and hopefully I can clarify any confusion concerns and hopefully answer Anita's questions, their satisfaction and hopefully any coconut telegraph misconceptions can be uh clarified through our conversation today. So I do have a handout um that makes it very clear as to what our position is and what our concerns are. And again it's very limited uh very minor. So, I'd like to start off by by addressing uh the fact that anybody um questions or would think that we oppose the women's club. Uh we are very saddened by that. Personally, I'm saddened and I think a lot of my neighbors are scratching their heads and they they don't understand how it got to this point. Um, we emphatically uh support the women's club. We love the women's club. Um, my neighbors support the mission. They support the rebuild.

They support the events and we also support the consumption of premises throughout the entire property. I have sent emails in favor of that. and my my neighbors including Ron that spoke before you clearly [snorts] um mentioned that we do not oppose Oranscom. Um as mentioned we believe that our neighborhood is the best neighborhood on this island. Uh Mechy Park has been a wellestablished neighborhood with a lot of long-term full-time residents, a lot of long-term uh seasonal residents. And everybody that bought in that neighborhood knew the women's club was there. They knew exactly what the women's club was all about. And we bought looking at the women's club as a great asset for the neighborhood. We've got neighbors that are members of the women's club. All our our neighborhood participates in those events and uh we have loved having the women's club as neighbors. Um so hopefully that that dispels any misconceptions. We are not opposing the women's cup and we have no problem with the CPD getting approved today. We are just asking for some very minor conditions or guard rails should in in a very unlikely in eventuality that the women's club would sell in the future. So let me explain what the concern is. The concern is that the way the CPD is currently written, the uses included in there, unless condition, could allow for a private club. We understand, we know that there is no intent to sell. There is no desire to sell. We not we are not debating that whatsoever. But again, you never know what could happen in the future. And what we're

saying is in case there was a sale, we just want protections for the neighborhood. So [snorts] what do I mean by a private club? And the example that I've given is the way um the uses are outlined membership organization and u recreational facility. uh should there be a sale, um a community off island that doesn't have access to the Gulf may find that land very desirable and if they purchased it, they can turn it into a private country club for their owners only, restricting access to the the Fort Myers Beach residents. Again, it's it's just an unlikely scenario. We understand that, but should there be a sale, we'd like that to be uh prevented. Um what we'd like to see is that anybody that would purchase it in the future, if they wanted to expand the uses beyond what the women's club is doing, they would simply have to come back in and ask for a zoning amendment and to make it very clear to the entire community, to the council exactly what they're planning and let the public comment on that. And if it's something that's acceptable, great. It proceeds. If the community has concerns and wants to put conditions on that approval, then we can do so. I'll just take a a little quick drink of water.

While he's drinking his water, we are trying to get your hand out up on the screen so everyone can see it.

Okay. Um so so understanding that uh the women's club uh has a great mission, they want to proceed with this today. Um, what we've put together, what I've put together is what we think are solutions, some guardrails that could could be put in the uh, approved ordinance that would create safeguards for the neighborhood and basically give us a lot of peace of mind should there uh, like I said, be this unlikely event where there's a sale. So, I've presented three options on that handout to you. The first option is and it's been discussed. Um the property does not have to reszone. It can proceed as institutional. It would not hinder or hurt the mission of the women's club, their intent to rebuild and they could go through a special exception to get the consumption on premises. We also understand that they've gone down that path and maybe through the conversations with some previous staffers u they were directed to do so and and we that's perfectly understandable. We we understand that they spent a lot of time a lot of energy proceeding with the CPD and we know that's not a preferred choice but it is an option nonetheless. Um so going forward with the CPD um what was suggested was the membership organization use and the recreational facility use. Uh and I've suggested that and it's it's come up um through the comments. Uh we suggested that you can simply annotate that add a comma and say for nonprofits only. And again we believe that would provide uh sufficient protection to the neighbors. the neighbors would be happy and it would alleviate fears. Again, this is just precautionary in case there were a sale,

there was a sale. Um, we also understand that um the the applicant does not like that language and they've explained why they don't like that language. Not here to debate that. I I still think it's a valid option. I think that if that was added, it doesn't hinder the women's club whatsoever. What it does is if someone were to uh buy the property in the future and try to make it a private club, I think as a community, we can refer back to the ordinance. Everybody would understand that what the intent was behind the for nonprofits only. Uh I understand there are multiple nonprofits and people could circumn that possibly, but I think the intent would be clear and we could have a public discourse at that time. Um the again understanding that they don't like that option, we looked at other potential options. Uh the third option is um defining exactly what kind of club the women's club is, what kind of club they are, and what kind of club they are not. So what you've got there is the definitions used by Lee County. And Lee County has five def different definitions as to what clubs are. Those are commercial clubs, country clubs, fraternal clubs, membership organization clubs and private clubs. I think there could be a condition added saying exactly what club they are and I think they would fit neatly under the fraternal club and membership organization club and saying that this the CPD does not allow for commercial clubs, country clubs or private clubs. Again, that's a solution that we believe does not hinder it doesn't impede them in any way. it doesn't hurt them in any way and it just protects the neighborhood. Um, [snorts and clears throat] so I believe we provided three options that are very viable. Those three options,

we've closely looked at them. Um, we believe that it simply provides protection for the neighbors. It doesn't impede um anything that the women's club is or has always been. It doesn't impede their redevelopment. it doesn't impede the events, the operations, their mission, and also it um it it doesn't hurt them moving forward with their plans to rebuild and to request the cop. Um what I do want to explain is that we are simply asking this as a precautionary measure. Again, we fully understand there is no intent to sell. There is no desire to sell. We we get that. We're not saying there is, but we want this as a precaution, as a protective measure for the neighborhood. And what we're asking is we're asking for the same grace and understanding that the women's club expressed to the island and also their general membership when they incorporated bylaws in in their uh bylaws that that contemplate the potential dissolution of the of the uh women's club. Again, they have no intent of dissolving the women's club, but they are being prudent, precautionary. They are being good fiduciaries and good stewards of their organization. We are asking for the same grace and understanding as us being good stewards for our neighborhood, just protective measures should a worst case scenario happen. So, that those were my concluding remarks. Um, we thank you for your time, your consideration. However, um, there were disparaging remarks directed at me. So, I would like to address those directly. Um,

I had no intent to come here and make this about myself or anyone personally, but I was attacked, so I will respond. So, just to clarify this notion or this rumor that I approached the women's club for a purchase, that is completely untrue. I am not a developer. I am not someone that can afford to buy that property and I never approach him for that. I do represent developers and I can tell you that almost [snorts] any development on this island if people are thinking of doing anything some of them may call me for advice. So, I did talk to some folks that were interested in the commercial property adjacent to the women's club and one of the things that we discussed is that you are going to be short on parking and you may want to talk to the women's club for a shared parking agreement. That could be revenue for the women's club. That would benefit the women's club because we want them to rebuild and that could benefit you in return for parking. So, let's make it very, very clear. I have never approached them. I have never suggested that the women's club would sell their property. And if the logic behind this argument, think about it. I am here asking for protections for my neighborhood, suggesting that we can keep it institutional, which doesn't benefit any developer. So there is no logic to those arguments. So, um, with that, I will conclude my remarks. Happy to answer any questions you may have.

Thank you, Patrick. Who's next? Last but not least, signed up is Tom Torerson. Okay.

I think barely, but it still is morning. Good morning, uh, council, mayor, manager, uh, attorney, and re and residents. Tom Torerson, uh, Fort Merritt speech. Uh, sorry, I got a frog in my throat here. [clears throat and laughter] Maybe first talking about guard rails. They do have their place. However, unintended consequences can result from unnecessary use of them. The Whims Club is one of the straightest roads, widest roads, biggest rideways, no curves, flat, no intersections on the whole island. Guards actually applied in this circumstance pose an obstruction in this situation. Now the other extreme is a narrow I actually wrote in here windy. I meant windy, but it [laughter] windy probably applies better here for Fort Myers Beach um with steep um curves and and ravines. Now, we do have that situation on the island also. Guard rails are an absolute must in those circumstances. And then and then we have everything in between. Guard rails for the women's club lower the value of the property and collateral. The Women's Club has a debt-free mission, but we'll use GAP financing, short-term construction financing to help build this club back as fast as it can and then pay that debt off very quickly. They want to go to the financing market without conditions and get the best rates and terms the market has to offer. They want a competitive process in all regards to rebuild this project and get it done as efficiently and quickly as

they can. conditions present unintended consequences and compete with that goal. In my long business career, I'm sure it's hard to believe, but I'm coming up on 50 years of it. Um, negotiating circumstances was front and center of what we did day in and day out. Communities, property owners, you name it. We're you're negotiating is just something I did for a living. Within our company's DNA that we built is a culture of creating win-win outcomes. Our belief is win-lose outcomes don't end up with a winner and a loser. They always ultimately end up with two losers. In this case, a vote to approve the Women's Club CPD without conditions is a win for the neighborhood. It's a win for the community and it's a win for the women's club. It's a triple header. It's everybody wins. You're expediting something that everybody wants done now. See my time running out? I didn't think I was that long. I assure you a vote on behalf of the women's club request without deviations will result in the Lens Club.

You got to wrap it up though, Tom. Giving directive to go to see construction documents and development orders today. Yes, I said today. They're ready to go. Well, let's not delay this any further. Town council, let's get this done now and move on. Thank you. Thank you. That's all I have signed up. Is there anyone else that would like to speak? Come on up. My comments feel like they're going to pale in comparison to [laughter] everything I've heard. Got to identify yourself in the mic. Yeah.

Good morning. My name is Angie Deers and I'm here today as a board member of the women's club. I also am a business owner or real estate agent on the island. I became a member of the women's club in 2019 shortly after relocating to Fort Myers Beach. I moved here and I did not know a single person in the community. Like many that move on the island, I was looking for a place to connect, to get involved, and a place that I could feel like I belonged. What I found in the women's club was far more than just an organization. I found friendships, purpose, and a group of people that genuinely cared about the community. Today, these members are my dearest friends. When the hurricane changed everything for all of us, we lost our historic building. Nearly every member of the club was personally displaced and dealing with their own devastating losses. Most had flooded homes, damaged businesses, families that were just trying to figure it out. What happened in the days immediately following our storm truly showed me the heart of this organization. Even while everyone was navigating their own personal tragedies, members of the women's club immediately focused on helping others. And within days, there were Amazon wish lists circulating, donations being collected, and plans already underway to support neighbors directly. Soon after, the club began dispersing the $500 gift cards to the 33931 residents. These people desperately needed help and they got it. I remember watching this happening and being absolutely blown away by the generosity and the unwavering focus of it how it was to help others. These men and women were holding up the community. They were holding one another up and they certainly held me up during some of the hardest moments that our island has ever faced.

This is what the Women's Club represents. This Women's Club is not going anywhere. It's not just a building. It's an organization. It's an organization of people that care deeply for our community. Rebuilding the Women's Club means restoring a place where neighbors can come together, charities can gather and get support. and where the spirit of generosity defines the island can continue to grow. We've done all this without a building. Imagine what's possible with our building. Saturday, I had a brief conversation with councelor Safford. I was saddened to hear his perspective that unless we c unless we were able to come with an agreement with the neighbors, he didn't feel like he could support our project. I don't understand how a small group of neighbors that, to my knowledge, have never had a complaint about our women's club could have such power. The women's club has always been a good neighbor to the surrounding neighborhood, but also to Fort Mayor's Beach, and with your support, it will continue to do so for generations. Thank you.

Thank you. Anyone else? Can't see behind the

Hi, uh Randy Wy, a Fort Myers Beach resident. just this year. Um the women's club to me, you know, we first after hurricane Ian like all of us, we weren't residents here yet, but you're deciding if you're going to stay, do you go, do you move, do what do you do? So, one thing I remember driving back over the bridge, it was still dark out. And as we came over the bridge, I'm like, you know, we're not leaving. And one of the reasons we don't leave is because our sense of community, great people. The people in this room, the people I can't believe how organized they are. I'd be, you know, they've dotted all the eyes. They've crossed all the tees and they're driven. They're driven by what they do to hand out $500 gift cards after that. That in my mind made a lot of other people stay because they had the right zip code. They wanted to stay here. And to their credit and to the people who stayed, it's well worth it. And we're still growing. and we need to get going. It's time to stop. Um, we need commercial structures. We need structures like this. To a lot of credit, we've built homes. I built a home after the hurricane and you see a lot of construction after the hurricane of houses. But what's missing? Structures where people can go to. Uh, there's a few places in this town for weddings and stuff like that. Here's another option. Let's give them what they want. Let's let's they've done their work. It's time to get going, build it, and uh and let's We always I remember people at the start said this g be a 10-year plan. I thought, you know what, they're crazy. Let's do it in five. But those people were probably right, but let's see if we can do it in seven. Let's get a lot more stuff on this island going up when it's the right people, the people you can trust. I watch a lot of these meetings. I don't come to them, but you watch them and go, "God, can we trust that developer? Can we trust that guy?" And as an outsider,

you go, "Well, I hope so. I hope we can trust them." And I've seen stuff on those that I know hasn't been followed through, but I do know these ladies. And if I was in that neighborhood, I'd be going, "Bring it on." And and to to tie their hands for potential sale with things might make you feel real good now, but why tie their hands? If you got a building that's worth a lot of money, someone's not going to come in there and tear it down or change it a lot. They could do it. They have to come here. So that's in place. So give them what they want. They deserve it. They're good people. And Fort Myers Beach is even better. So thank you. Anyone else?

That's someone.

Good morning. Albert Jambrose, studio 80 architect and also 144 hibiscus, future resident, Fort Myers Beach. Why I got involved, I know we heard a lot of stories as well, too. I've shared this with a lot of people's women's club. Um, my brother-in-law used to live in Hibiscus years ago, have bounced around up and down Fort Myers Beach. We've grown up in Fort Myers Beach with our kids right now as well. They're nine and 10. um after the hurricane, after all his loss efforts with FEMA, Red Cross and everything cuz he lost 100% of the stuff that he had. I'd say probably 99 reality, but a lot of stuff he left he was wearing basically. The only organization that stepped up and delivered immediately was the women's club. Before that, I heard of their name. I did not know how much they did, but that one little gesture told me that if they ever needed help, I'm going to step up. My wife's on Facebook all the time. She pointed out the Facebook post of of Mary asking for anyone know an architect because my wife comes to me and says they need help. I'm on it. Call her up. Fast forward to July of 2023. I know we need a planner. We know we need civil engineer because of all the land development things, development order things we have to go through. So you got me covered to build. We need someone bring Jim Inc. I've known Jim Inc. in for a long time. We didn't just meet meet each other just after the hurricane. Jim's a neighbor of mine where I live in Fort Myers. I also told him, you're going to become a longer ride because you're also not going to make any money. We've donated [laughter] a thousand times worth of that $500 gift card and still are. the meeting with Cole and all the subcontractors that I know as well too that I realize we have a lot of the same subcontractor visa off island as well. For them to donate money for something they're just hearing about is only

important to let them know how much we've committed. We're on their board. It's time to build their house. My brother finally got their housing back in order and got his feet in the door. but is not a dity comes on Fort Myers Beach and runs up and down the miles a marathon or in an Iron Man who doesn't really still shed a tear. This is not just his house. This is the community's house. We feel as though this needs to be moving forward. We cannot move backwards. I know some of you had conversation in the past other projects where we go forward, go forward and we're then told all of a sudden you got to do this instead. We cannot do that. It has to be moving forward. what we applied for. This is just the right thing to do for the community and not just the community, for everyone else around Southwest Florida that benefited with their help and all the donations they do and continue to do. And I can guarantee if another hurricane comes, they will drop this project to immediately do what they need to do to help the community again and then go back to the project. Thank you for your time.

Thank you, Albert. Anyone else? Can't see on the poll. I don't see any hands. All right, with that we will close public comment rebuttals. Jim, would you like to come back up? He's moving.

For the record, James think I'm from up north, too. Northshore Clusah Hatche River. [laughter] You've heard a lot of testimony. You've heard from the women of the women's club. You've heard these powerful women to say that they're not going to do everything that they can do in their power to stay in existence is shortsighting them. What is being asked by a few in the neighborhood is put guard rails. It's to look back. It's to look at the doomsday. What we're asking you is to move forward to know that the women's club's going to do what the women's club does. And with that, there are some conditions. I just want to these are in the staff report and the others on on a motion. Should you make a motion? Um, these were in the presentations at the LPA. These were in the first reading presentation that that I presented as a as a suggested mo suggested motion, but I want to put them in the record just to to make sure the record's clear. Is four conditions. Development of the property must comply with all requirements of the Fort Myers Beach Comprehensive Plan and LDC in effect at the time of permit approval except as specifically modified herein. standard. It's in every zoning development order shall be substantially consistent with the master concept plan exhibit and building elevation renderings in this case DCI 2025203. These elevations are deemed consistent with the land development code division 7 commercial design standards. That's the picture. That's what you can

expect. That's what you're going to get. All state and local permits, including but not limited to rightway and storm water permits, must be applied for and received prior to commencement of site development, another standard condition. All landscaping must meet the visibility vehicle at intersection requirements found in 34-3131 land development code. That's a new one, but looks like it's going to be standard that we don't put plants that inhibit traffic. So, those are the four conditions that we're looking for. The other conditions that Patrick put on us today that we've had really no way to to analyze them, but just in my brief time at looking at them, we do we do not support. We don't believe that the women's club needs guard rails at this point. And I think the vast majority of the testimony you saw today agrees with that position. Thank you. All right. Any questions for staff or the applicant, Councelor Mlan, before we close the public hearing?

Uh, just that the excuse me, just that the four conditions uh appeared that Mr. Inc. just uh referenced were more comprehensive than the ones that are in the staff report. So, I'd like to include in the conditions [clears throat] in the staff report the inclusion of uh in a current or concurrence with the comprehensive plan, which I think is done regardless. Uh but also that the master concept plan be included as one of the conditions that was missing in the town's conditions. Yeah, the master concept plan and the elevations bind us to what we presented that we're going to do.

Thank you. Councelor Link, I do. Um, so I have a couple questions for both of you gentlemen. I I'll start with you, Jim, since you're standing there. I spent a lot of time on this trying to figure out what was all the neighborhood scuttle about. I I just couldn't get it. So, I'm thinking I need to spend more time on this. So, I came to a conclusion and I'm wondering if you would let me know if you think I'm right and Patrick, you as well. It seems to me that the CPD actually protects the neighborhood more clearly by having specific uh permitted uses. Okay. So far agree. So far agree. Agree. Patrick disagree.

One at a time. Well, Patrick, no offense to Patrick, but Patrick is not the applicant and Patrick is not the staff. So, if you're going to direct questions, direct it to Pat or to Jason or to That's right. or to Patrick was a commenter under public comment. I I forgot that you could certainly I forgot what hat you had on Patrick. You could certainly [laughter] you could certainly ask you know questions under or you know under comments but so Jim do you agree with that statement conclusion? Okay. Um and that it also limits the development standards. It does limit the development to that specific site plan and those specific elevations.

Okay. Okay. And the schedule of uses that are in the uh in the zoning ordinance. Okay. And the institution institutional even with special exemption can be a little bit more flexible in some ways.

The institutional convention zoning does have more uses than what we put in there and potentially those uses could be more detrimental to the neighborhood or not. Uh, one of the things we took out, residential, single family, two family, and I guess that goes to marketability. We took that out because we didn't see that coming in in exchange for membership organization because the club and any organization, they have to protect the value of what they have. So by adding membership organization and deleting residential, we feel that the actual value of the property remains the same.

Okay. So I would think that um perhaps if Patrick were in your shoes, he would propose exactly as you're proposing. Um

I can't speak and that's that's just a conclusion that I've had. I'm not sure if it's accurate or not, but I also respect, you know, Patrick's position and whether he represents someone interested or not or may represent a developer. I think that puts into question some some of the scenarios that we're seeing here. I'll I will leave it at that, but thank you. I just wanted to see that clarification. So, um just to be clear one more time, institutional with special exceptions means go back to go, start all over again, right?

Go back to go. It's a big delaying tactic. We would have to restart, go back through the LPA, go back so we're 6, 8, nine, 10 months step back down the road to be right back where we are. Gotcha. Thank you. That's it. Thanks, Mayor. King, any questions for either? For staff, um the staff report uh talks about neighborhood compatibility. The last sentence is the rebuilt rebuilt I think it should be rebuild but of the woman's club is not likely to have an adverse impact on the neighborhood. What was that based on?

Uh I believe that's a statement based on the it was there and had a similar use there before um is what it sounded like. I didn't write that staff report but that's what a typical you would say because if the similar use was there and it's being reused and rebuilt then and um there's also not it's a small building, right? It's not three or four stories tall. It doesn't have an impact on on adjacent properties for that purposes. All right. It's pretty small scale. Is that it? Yeah. [clears throat] Vice Mayor Saffford, any question? I do not have any either. Okay. Thank you. Thank you.

All right. I will now close the public hearing and request a discussion or a motion from town council to approve. Approve with conditions, deny with reasons, or a continuence to a time certain. My guess is there's going to probably be some discussion. So, we'll start with you this time, Councelor Kane. Do you have any discussion you'd like to talk about?

Yeah, I guess um I'm kind of disappointed uh that uh a couple of folks obviously one isn't on staff anymore, but so we really don't have some of the answers. I I'd hate to think that we forced folks into something that they didn't really want. So I think we need to look into that. Um I understand the concerns of the neighborhood and I understand the concerns of the women's club. Um, I've um been a supporter of the women's club. Uh, for my campaign, I I donated the leftover uh uh money from my campaign to their rebuild. Uh, after a promise I made as a candidate, I donated a portion of my salary uh first year salary to the woman's club for the rebuild and and my wife's company kicked in and matched to a certain extent of that as well. Um, I understand the concerns, but I I have to move forward and I I have a real problem sitting up here and and devaluing uh somebody's private property. So, um I I just don't think I can do that. So, uh I will be supporting the woman's club on this.

Voice may saf. Yeah, I think you know what I what I did say, Angie, was that I really wish that you guys could have worked out a deal. I'm always in a quasi judicial thing like this. I have to look at every side. It would have been a lot easier had you guys come together. It's obvious from the testimony today that that's just not going to happen. And just like with the other issue, I've got to go back to my roots. If the LPA unanimously approved this, I've I've got to stick to that. And staff approval, too. I just don't see Patrick your argument changing my vote. So, there you have it. Councelor Link,

I I think I said my piece. I'm good to go. And Councelor Mlan,

I'd like to make a motion to approve. All right. Which one is it here? Ordinance 25-20 CPD 2025-0203 175 Sterling Avenue, the FMB Women's Club. I'd like to do so with the conditions as listed and the additional conditions that were included u by the applicant as far as the uh elevation dawings, the master concept plan being included as part of the conditions. As the only woman sitting up here uh with a vote, I would second that.

Okay, we've got a motion by Councelor Mlan, seconded by Councelor Link. Uh discussion. I've been the only one that hasn't talked, so I figured I might as well say something. But, you know, I certainly appreciate the neighborhood's willingness to get together and and talk about things and and I certainly understand wanting to do conditions and guard rails. Um, that would be great if every homeowner on the island could pick who their neighbor is going to be or have control over who would buy their house next door to them. We live in America, you don't get that right. You don't get to choose who your neighbor is. These conditions, although I understand them, to me, if I just go through them, the first one, would it be a hindrance on them to start all over through the special exception process? To me, that would be a significant hindrance. We've talked up here many many times about wanting to continue to move forward, not take steps back like we're brought up by Mr. Ambrose and unfortunately sometimes that happens and it has to happen but in this case that that option to me would move them backwards. Um the second one about adding the nonforprofits to me that that screams of a taking and I'm not a lawyer. I would not say it does or doesn't but to me that would that would set us up potentially for something that none of us would want. And the third one again is it just comes down to uh like I said before, you can't protect your neighbors. And I think to to say something to Patrick, you know, you said that the I think their 501c status does define who they have to be. It's very strict as to what they can do and what they can't do. Um if someone does come in, I mean, you you have two commercial properties that are adjacent to that that are also in your neighborhood that could be doing things that you guys said you didn't want to do. Um, you know, if they aren't one of the top or the top property owner on island or the longest running property on the island, I'd be surprised. So, to think that they might sell maybe they would, maybe they wouldn't. Maybe you neighbors would sell your house. I I think you would want um

the person that moves in next door to have the integrity that the women's club has had for over 70 years. So with that, I will support the motion that has been raised with the conditions laid out by the staff. And I think there was one additional one that Jim John that you had mentioned that Jim had said in there that uh that you would support. So with that, we've got a motion discussion. I just want to make sure that we've got this the consumption on pre premise for the entire property. Oh, absolutely. Including the uh the full property, including the parking lot. Okay. If there's somebody gonna cover consumption, it's gonna be you, Scott. Wow. It was my idea. Wow. [laughter]

So, Nancy, if you wouldn't mind, would you read into record again just for clarity so that when [clears throat] this goes forward, if it gets approved, it's very clear to the staff as to what's going to be in the final.

Okay. I I will give it my best shot. um the uh conditions that were identified um by Mr. Inc. um there was a slight modification of the wording, but I don't think it was really substantive other than uh the additional one, which again um I don't think staff had any any concerns with. As far as the uses, I do not believe that there were any there was any deviation from that. Uh, let me find them. Page 88. I Well, not 88.

94 is in my packet as the conditions of approval. I've got them on 85. Um, a membership organization as the principal use, the administrative offices, the on-remise consumption of alcoholic beverages, an ATM, temporary uses, and commercial accessory uses. And that is also contingent on the design uh that is attached as um exhibit C. So [clears throat] you have the um exhibit A which is the master concept plan, you have exhibit B which is the schedule of uses, C the architectural rendering and D the conditions for approval.

Okay, we've got a motion by councelor Mlan, a second by councelor link. If there's no further discussion, councelor Just a couple quick things. Um, one, humorous. I'll paraphrase L. I love it. Uh, that's right. You're not from Iowa, but Iowa wants you anyway. Um, but also, I'm sad that this has gotten so contentious and so personal, and hopefully um that seems to be uh the status of the island lately and society in general. So, I hope we can move forward in in better uh in better surroundings and better feelings. Thank you. [snorts] Okay. Councelor Mlan. Hi. Councelor Lang. Hi. Councelor King. Hi.

Uh, Vice Mayor Safford. And I'm an I as well. That motion carries unanimously. Congratulations. Thank you. [applause] All right. Does anyone need a comfort break before we move on to the next one? I'd like to at least fill up my water. Okay. Yeah, we'll take a 15 minute break. How long? 15 minutes.

Okay, we are going to call the meeting back to order. It is 12:22. Our last public hearing is a legislative agenda and second reading of an ordinance of the town of Fort Myers Beach, Florida, amending division one, purchasing of goods and services, policies and procedures of article 5, finance of the town of Fort Myers Beach, code of ordinances to one, clarify and streamline existing regulations and procedures. Two, incorporate by reference statutory mandatory terms and conditions in the state and federal grant requirements. and three implement recommendations provided to the town based on the disaster readiness assessment prepared by the Florida Division of Emergency Management providing for a conflict of loss scriveners errors and severability and providing for an effective date. Will

thank you Mr. Mayor. I would just uh ask that uh I have Jason Freeman here and Joe Anik is is out right now, but uh um I know you did have a chance to ask Joe questions last time this came before council, but Jason is prepared to answer any further questions council might have on this. Councelor King, any further questions for Jason? Nothing. Vice Mayor Safford? Uh nothing. Councelor Link, nothing. Councelor Mlan, I'm good. I'm good as well. I'm glad you get up and move. Uh, public comment. Is there anyone here to speak at public comment?

All right, we'll close public comment. Is there bring it back to the council for any further discussion or a motion? Mayor, I'll move ordinance 25-20. Uh, no. Next one. Yes. Didn't scroll down. I'll move 25. I'm sorry, 26-057. Nope. Nope. That's too far. One up. One more up. You went I should have brought my glasses today. 2606. Well, I am hearing 26-06. Do I hear a second? Got a motion by councelor King. Yes. Seconded by councelor Link. Any further discussion? Councelor Kink. I. Councelor Link. I. Councelor Mlan. Hi. Vice Mayor Safford.

Hi. And I'm an I as well. That motion carries unanimously. Next is our administration administrative agenda. This is a resolution of the town council of the town of Fort Mars Beach, Florida, approving a commercial lease with FMB Matanzas LLC for dock space, Upland Restroom facilities, and an office space for the Matanzas Pass Moringfield neighborhood services operation off authorizing the mayor to execute the commercial lease on behalf of the town and providing for an effective date. Will.

Yes, Mr. Mayor. I have Curtis here who will step up and answer detailed questions and tell you a little bit more about this. But first, I'd like to commend Curtis and uh and thank uh the Matanzis group for working together on this effort uh for us. We've been talking a while and I know long before I got here to find to get our team out of the trailer and into a hard site a little bit better uh for the staff, but also better for um patrons of our mooring field. And this is a great agreement that allows us to do that and keep the other great services uh that are we provide at the Moringfield as well. So Curtis, you have anything to add to that? But

sorry, I'm uh I'm for the record, I'm uh I'm a Curtis Sledwig, harbor master for the town. Um so um I'm excited to say I think this uh I I think this new this new contract and this in this office space will um will definitely um help the Mooring Field. It'll allow us to be able to um be able to um open up the door for more o for more amenities that we can charge charge our customers. Um it'll have a uh physical address now so we can uh um uh charge the customers to have packages delivered to the office. Um we can rent rent mailboxes and things like that. But I think for for our for our operation as a whole, I think it's it this will this will help us out uh tremendously with a bigger office space and to add a place for the customers to have a more of a a welcoming um I'm a a welcoming office and I guess and I guess home down there for them. So you have any questions for me? It'll be

Councelor King. Any questions for Curtis? I don't think I have any questions, but it was uh good to see that uh comparing this to the previous agreement from October 21 where that was over $4,000 per month. This is 5,000. That's not bad. So, good negotiation on somebody's part there. Thank you. I appreciate it.

Scott, my question would have kind of been for Joe, but maybe Curtis, you have an idea how revenues coming in this year, how how we're looking. Yes, our revenues are we are we we are a little a little bit up from where we were last year moneywise. So, um we are we're excited that we think we're going to going to be going to be a little above where we were last year. We're hoping to to get close to that 300,000 mark. So, um Okay. Uh on a percentage basis, we're up 10% maybe 20. say percentage basis. I'm not 100% sure, but I would say we're we're along the 10% line. Okay.

I'd feel comfortable saying. Thank you, Rebecca. No comments except for thank you for scooping fish. You're welcome. No problem. [laughter] Councelor Mlan. Uh, no. I just think it's great that uh we're going to have proper facilities for our guests at the Mingfield and uh great job working with our neighbors to uh to find the right facilities for them. So, absolutely a big and a big thank you to Matanz to allowing us to uh to partner up with them and and make this happen.

Absolutely. And then my only comments I guess or con question would be this obviously this lease will be paid for out of the proceeds from the mooring field money that gets generated so it won't be anything coming directly from the taxpayer fund. Yes. Yes, that is correct. Frankie if you like to back me up on that. I believe that is

it's a it's a it's a combination. Go ahead Frank. Sorry, I don't mean to uh Frankie, director of community development. It's a combination between a little bit of uh uh community services on the the Tom Yazo side because he will have rangers at this facility as well and also from the Moringfield. So, we're going to be jocking around, but the funds are already there. So, it's going to be a multi-purpose

and thanks for actually I thank Frankie for bringing that up. We are, it's also a space we're going to allow some of our rangers and code officers to be able to work out of as well, so they can service customers on that end of the island better as well and have a place to get out of the sun as opposed to the north tower. We still be in the north tower, but it'll add more space for that. That's Thanks for pointing that out for me. Very good. Thank you, Curtis. You're welcome. Thank you all. All right, there's no more questions or discussion. Is there a motion for resolution 26-057 for the Moringfield office lease? Well, now that you've taken the hard part out for me, I'll move it. Got a motion by councelor King. I'm here to help. All right, I will I will second it. Any further discussion? Councelor King. I I'm an I. Scott.

I. Rebecca, I John I.

All right, motion carries unanimously. Final public comment. Miss Anita. I told Patrick what I was going to speak about and uh he said should I stay and I said oh sure so um Anita Sarasita for the record and I'm here to talk about the comments that were made at the beginning of the meeting about the Windom. So, I brought this up at the LPA meeting and uh you know, I've got a gotten a lot of crit criticism for my I mean, those of you who know me know I can be a bit of a smart alec sometimes and my comment about oh what's the emergency a beer and what it was meant to be was I mean my my comment was really more in line with all the commentary I'd heard about what is it going to be what it's what's going to happen. Um and we still don't know and we still won't really know with the suggestion that Patrick's made. So, the recurring special event permit was created for the Times Square merchants and the farmers market to have recurring uh bands on the weekends and the farmers market to recur once or twice a week. That's the notion of recurring. Recurring is going to be a slippery slope for you much like temporary is. If recurring becomes a business that operates six or seven days a week, that's not recurring. That's a business that those are my operating hours. I don't understand how you will modify or use that recurring uh special events permit which I was reading as I was sitting back here with the women's club. And by the way, thank you for your vote on that. I don't understand how this could possibly fit. Uh, I don't see how you could possibly put in there qualifications or conditions that would address the concerns not of the concerns of the folks who are here who just want something to happen on the south end. Believe me, I operate on the south end.

I want to see them rebuild their hotel. I want to see them have something on the south end because it will only benefit those of us who have already taken that plunge. But the special event recurring permit is not is not a way to go in my opinion and I think if you read it carefully you might question it yourself. Um the other things that were brought up again you know we listen to it every time somebody gets up for public speaking and it's the passion. The gentleman's paid property taxes and that's the joy of property ownership. We all pay property taxes whether we like it or not. Um you utilize the property for this that or the other. I let them do use this. I let them use that. That's great, but the town can't trade favors. It's a zoning case. It's a permission. I You can't say you did this for me, I do that for you. It's just prohibited. So, I would just ask you all instead of planning something for April 6 to give them that approval that you open this up for a more public discourse if you're planning to do something like utilize this special recurring events permit and let the folks who live there, who are adjacent to that area, who work there have some comment as to what goes on as opposed to simply sliding it into something. So, that's just my comment and uh I thank you. And now Patrick will get up and say the contrary. So just [laughter]

Thank you, Anita. Patrick,

yes. For the record, Patrick Vaness, um again I I um I have to disagree with Anita and uh that's great. We can agree to disagree and we can uh make our cases. Again, I think there is a an appropriate forum for these discussions. Um, I also think that we should be going through th those proper forms and and and follow the institutional rules. I'm a little perplexed personally that um this podium right now is used to debate either side of the argument. I think that the proper way to do it is we come in with an application. I've read the land development code. I have conferred with staff. They do agree that we can request it. This can be discussed at a hearing in the proper form following the proper rules. And what I can tell you is counter to what Anita said, I believe that the special events permit does afford flexibility. and you as a council, if you want to demonstrate support for a lo local business and you want to demonstrate the desire to find a creative way for a business to move forward quickly, um there are ways to get to yes, there are ways to put conditions in place. There are ways to have a dialogue with an owner that is willing to be very flexible and through that process, I think we can find a win-win. Again, we don't expect that it whatever the applicant asked for, it'll just be handed to them. We understand that there's going to be a dialogue and that there are conditions that will have to be placed on that approval. And again, we we we we don't know if we're going to get an approval, but we are more than

happy to to come through this process and have that dialogue uh in this forum. Thank you. Thank you, Patrick. No one else here, so we'll close public comment. and move on to town managers items. Thank you, Mr. Mayor. Um, first update on strategic planning session and I'll let Tracy update the council on where we're going with that.

Thank you, Will. Uh, we've been working as a staff as a leadership team to finalize some of our objectives, key actions, measurable KPIs to submit to USF, to Angela Christ and the Daily Institute for consideration. We are in draft form with that right now. A working draft that uh Angela is crafting and word smithing to better meet the expectations that council had outlined at our last workshop or M&P meeting I should say. And so we will have something to present to you on Thursday, May 7th. Very good. Questions for any questions?

Pretty self-explanator. And we will obviously publish that for for public comment and for your review. Well, before May 7th. Did I say a different day? No. Oh, [laughter] okay. Yeah, May 7th.

The only other thing, Mr. Mayor, is that uh you know, at the request and suggestion of more than one of the council members, we did review the Lowe's uh community grant um uh opportunity that came out and uh we we've settled on on one. We will uh move forward with requesting with Lowe's. Uh and just we kind we had a few ideas but in order to get it by the deadline, this was the best one. Um and thank you councelor Link for assisting the staff um with the with final our final submission. And really what it's going to be for is um for ask for assistance in constructing an elevated storm resilient recovery operations base is what we're calling it. basically where we currently do our uh or have our PW vehicles uh parked as well as a co code and ranger vehicles every once in a while and some storage over there uh near the old town hall property. Right now it's uncovered. It's open to the elements. Um it's not ideal. I've frequently talked with the staff about having a having a covered uh protected space in there. They agree. We'd also like it for to be able to do maintenance on our vehicles in that location and potentially some office space uh down there. So, um we're going to be submitting for the Lowe's grant on that. We think it'll be approximately around a $500,000 project or so. So, um we'll keep the council updated as we move forward in that application process. Any questions?

No, I think it's a good good project to submit. Okay. Thank you. That's all I have. All right. Town attorney Adams. Um I'd like the opportunity I'll work with the um town manager regarding the special event um issue. Um I have not had the chance to look at your code and what the requirements are and the comments that were made.

Okay. Town council member items. Go ahead. Uh council member Mlan. Uh, I just wanted to mention that there's some upcoming events at the moundhouse that are looking very interesting. Some archaeological things that uh are very hands-on and will help demonstrate uh and give an opportunity for learning and understanding the uh what we have as far as a uh a resource of a true archaeological uh gem inside Southwest Florida.

Okay, Council Link. Um, the only comment I would add, uh, Nancy to your comments would be, um, an interest in understanding how and when you get an item on the agenda. Um, when Patrick said, you know, oh, we'll take April 6th, I'm thinking there's probably a bunch of people online saying we'll take April 6th as well. So, I'm not sure how that works or how we um how people get on the agenda, but um, that's something else I'd like to to understand more about. Okay. Council Kate, I have nothing. Please. Mayor Savage,

I have two items. Um, I guess there was an email this morning that there was a a gentleman not very happy that he didn't know about the bridges being closed the last two weekends. and he had asked if we could possibly um in our in our town emails. I know it's code red that really doesn't fall under, but perhaps we could look into when there's a major closure like that um to to possibly get push that information out. I don't know how the guy didn't know that the bridges were closed, but you know, well, he also said uh Eststerero Boulevard. Um yeah, in his email. I'm sorry. the the bridge was closed on um the first one and and Eststero Boulevard was closed for

the parade. The parade. So, thank you. I'm confident notifications were made. Um it's, you know, unfortunate some we are getting some feedback that some didn't get those notifications. I'll I'm going to review the processes to make sure that we you know we continue to improve, you know, improve as as is always my goal. Continue to improve and and address any any of those concerns. If there's any gaps or anything that we missed, I assure you that we will address those. Okay. And then then this the second I and I I had I did see notification on some of the local news stations that it was happening. So

yeah, the it seems like the the times are always not correct. Some some says 8, some say no. We all know it's 15 minutes before the parade starts, but we don't I mean it's just consistency.

And I'm not sure that road sign was updated from uh from Shrimpfest to uh the parade because it kept talking about the Shrimpfest closure of the bridge. It didn't reflect the closure of Astero Boulevard for the uh St. Patty's Day parade. that that's likely correct. Uh not that we don't have some responsibility, but I will tell you that those road signs aren't necessarily the town's road signs. Sometimes those are by the organization that is running the event, but but regardless, we will make sure that the town is putting out the most accurate information in a timely manner as possible.

And okay, thank you. And then the second is is with Bert's Bar or the Windham property. I had thought that I mean we've had M&P [clears throat] meetings, we've had discussions. I I thought that we were all in agreement that if a if a business and I know about the the old temporary use and I I understand all that, but I I thought going forward if somebody decides that, hey, I'm going to build a restaurant. Um once he submits those plans, we'd let him have a food truck. And then once once his property started the construction, we we were going to create a path where they could move next door to create revenue to create buzz for the for the for the commercial enterprise, whatever. And I thought that with this if they if they're submitting their plans that we we I thought we were all in agreement that we we had a a path forward for for this situation.

Well, I think that's where I think some of the confusion has happened. So, and if we don't have a path forward, let's can we discuss an MMP meeting to to have a process to get get these businesses up and running? because I and I understand that we don't want trailers all over the place, but you know, if somebody's somebody's going to invest in a multi-million dollar building, I mean, just like we did with the whale, we let them go down operate out of sandy bottoms. Mhm. Um,

you I I think the more business on the island, the better it is for us with with with not just to open a a food truck, but if you actually have uh you you've submitted your plans, you you you're it looks like you're moving forward. I I thought we were in agreement that we'd help these guys kick kickstart their businesses.

Well, I thought we were very clear about not issuing any new temporary use permits. I mean, that was very clear in the resolution. But to your point, I think what we had discussions about is if someone was going through the development order process and they were approved for their development order that we would then look at allow them to set up while they're going through the designing once they get the approval that they're going to move forward that they could potentially do something, but it would require them to come back before council to be able to do that. There wouldn't be a a path around to be able to do that. It would be and the reason was I remember this very distinctly the the discussion was because it's easy to submit for a development order. We've seen property owners on the island that have done that and then they do nothing with it. Yeah.

And then if you now let them set up and they do nothing with a development order, we get in a situation where we're in now with another property owner where it could get extended forever through litigation. And I think that's what at least that was my understanding of the council discussion of trying to you know at the end of the day this property owner has had three years to be able to get a temporary use permit

and for whatever reason they have chosen not to and I think you know it's it's great that they were helpful to the town and we were certainly thankful for it and we want I think all of us want to see them do something on the south end and do it quickly and I think staff has said it publicly and I certainly don't want to speak for Will or staff but that we'll do what they can to help them get through the process. But I think it's a very slippery stroke to to try to fasttrack someone onto a next meeting over something that doesn't have the chance to go through. I mean, I don't know that we would do that for anybody else. And if we start changing the way we do this, the the point of this whole thing was to give staff clear direction as to what process to follow. So, everybody knew what the process was. There was no way of going around it. they were unless you wanted to bring it back to council or council member wanted to bring it up at an MP and discuss do we want to change the resolution.

I think there's a path but I I don't know that a special events permit is maybe it is I I don't I don't know either Dan. Um, but what I'd like to do at least if we can get get it on the next M&P meeting so we can we can have a a good discussion and get the public involved because I I know I and I hate when people say they're going to have a business and they they just throw a piece, you know, nap uh something written on a napkin, they think that's that's a development agreement. But I I think when people truly want to invest in the island and and get a going concern going in brick and mortar that we have a path to where they can they can make some money and and operate and you know help them.

Yeah. Well, I would be in support of of having them at the next MMP meeting to give us an update of where they are at as far as their their permits and their infrastructure, where they're at in the development order, and is there a path, how close are they to finishing up? Because anything we do temporary, we all know based on the resolution is going to be sunseted on the June 1st of next year. So, even if they were able to get a temporary use permit in June of next year, they would it would be they're done anyway unless council decides to change that end date. But, you know, we're 5 years past in June 1st of next year, we'll be almost 5 years past the storm. You know, you've said it many times, we got to get going. We got to get going. Well, no, I agree.

You know, and people have spent a lot of money to go through the CPD process to have something similar to what's being proposed down there. And I don't think it's the right thing to allow someone to fast track around that. I'm not I'm not I'm not saying fasttrack. I think we we should just all be on the same page. And this is the this is these are the steps you take. So, are they not clear? What? Sorry. Go ahead.

Again, my my understanding, again, I I could be wrong. My understanding was that if if you're going to have a brick, if you submit all your stuff and and you're on that path to creating a brick and mortar that we would allow you to open a going concern on that property until all the all the final paperwork gets through. And then once once you put a shovel in the ground, you're able to move next door or just a little ways down. So so you can be be a business. And I I I [snorts] just I'll disagree with that.

But that maybe that's why we should have an MP meeting. I understood it as if once you were approved and you were going to be starting constructions, you had your permits and your DO in place, you could use it as a temporary use while you were working under construction. Yeah. Well, maybe that's that's the path. Well, I think that's kind of what the intent was, but it had nothing to do with the temporary use permits and it certainly has nothing to do with the re the reoccurring special events permit. I think that's a bigger discussion that Nancy has said that she has to have with staff and staff will direct us if that is a path form or not and we'll go.

Can I can I get at least a consent? I'll consent to do that on on the MP to have a talk about if you have but I I think it needs to be very clear that if you have to have an approved DEO it because that shows that you are doing something not just here are some plans and maybe I'll get I don't want that that either but I I think it it be

I think we're past the point of you know the so and so got wiped out and they're you know let's help them out for the next we're we're almost three and a half years past that. So what what is our plan for the rebuilding of the island? So I I think we need to have some path forward that people we're all on the same page where people can can rebuild. Yeah, we we'll have that discussion whenever we can get it on if it's the next comments to that. Sure.

As well. So I I was kind of on the same page you were. I didn't understand where they were going. Um, but I just went back and started reviewing things. So, one of the concerns I have is fasttracking them even to the M&P meeting. I wouldn't mind talking about it generically. Well, yeah, that's what I'm talking about.

Not necessarily their their project, but I mean, that's what brings it to us needing to discuss it probably and be clear. Um, but then another component I would have is making sure I heard some conflicting information of whether they have done some work on that site prior to having a permit for it. And that that concerns me a little bit. Are they able to do that? What are they able to do? And those came in through some of the emails that I got where someone said, "Oh, they've already done this and that and now you're not going to approve them." And I thought, "Whoa, whoa, whoa, whoa. You don't do that until you have a permit." So um they they also have to follow our rules. We have to follow our own rules and they do as well. So those are some issues that I think uh put them in a in an awkward position.

So I think just to be clear, the discussion we'll have at the MMP is not a revolving around temporary use permits and not revolving around and I don't want to speak for you Scott, but it's not talking about special events, reoccurring special events. This is specifically about something new of how to allow them to operate with approved. Let's let's leave them out of it. I mean, not them. I'm just saying when I say them, I mean anyone in

anyone. I mean, I I think we we've got a lot of people looking at at properties look maybe starting businesses and if if we can give them a clear path that okay, if you if you buy this place, you want to build a restaurant here, here's what here's what can happen. Once you do this, this and this then we'll we will allow you to to this and this. I'm totally on board open for that discussion. My comment about don't we actually have a path was we had a path for people with existing businesses that had been displaced and were able to come back in a temporary measure with demonstration of progress they could be extended.

Right. Uh are you saying suggesting that any new development on the island is is we would have a mechanism to allow them a new temporary use while they're yeah under I think we're done done. I think the people that have rebuilt have rebuilt and I I there may be a few few out there but I'm talking about let's have the discussion that somebody comes in and buys parcel whatever name a parcel.

Yeah. um that that little parcel next to wherever let's just say a parcel and they plan to build a restaurant. Is there as they're being built a as figure out when exactly we will allow it but will will we allow them to have a food truck there or temporary until till they're open? Happy to have that discussion. I'm not sure I support allowing that type of activity, but what what I'm curious about is instead I want to stay away from the temporary use, but Nancy, is there a way through the land development? Just going there, man.

The the DO where you could put that language in that says with the approval of this DO and your permits, it allows you the use of what you're going to do until final construction. Is there a way to do that? You you could do that on individual projects as they come through, but you have to be very specific. It would also then become somewhat of a phased project where you would do one thing and they're allowed to do that one thing um on a temporary basis for x amount of period of time and then they go to the second. But the entire thing would have to be approved by you before they even began with the temporary. Um, the other caution I do want to throw out there is anytime you allow someone to go forward and begin without actually having the final approval and all the requirements uh fixed, there is the detrimental reliance. I relied on on on you telling me that I could go forward and begin my construction. I spent all this money. I did it in good faith. Um, that can expose us to a lot of uh legal liability. So we have to be very careful. I'm not saying it can't be done, but we need to be very clear in writing as to what you can do and what you can't do.

That I think is the discussion that we need to have. I think that that can expand past that. That can also go into public benefits that may be offered on certain things going forward that may or may not be done in 10 years or 20 years or 15 years. So I think it all could tie into that, but I agree with you. needs to be very specific as to what is allowed, what's not allowed to to do exactly what you're trying to accomplish and perhaps tie it to that parcel because that way then we don't create a set of rules that we can't think of all the unintended consequences. So when we're already looking at that, the big thing is is NY's deal. I mean, we don't want to I don't want to create something that's just going to create a potential

but but the phasing I think has has merit for discussion. um the phasing of a big project that's coming along um you know in in kind of incremental things that could be standalone but still associated with that entire project. Right. Yeah. I mean I'm not even think just restaurants. I mean if if you know the furniture store decides to move move on let them have a trailer out there they they can start you know showing what they've got. I I don't know. Oh we'll have the discussion we're not going to hash it out here. Yeah but let's just have a discussion. That's all I'm asking for. If I could if I could add a few things right now, just that

um just so everybody's clear too and I I've spoken with most of with all of you about this, but the with this particular property that came up discussed today, you know, the first thing they did apply for was an ETP, which they were not eligible for their go. I denied it and I expressed that to them. But in the same at the same time I said they they can appeal my decision to council. Anything that that I decide or staff decides they can always appeal that to council. They have yet not chosen to do that. Uh the special what I would say about special event reoccurring special event permit I would uh happy to have a discussion about that and other things I think we should have discussions about it. Um the with all those discussions I have to just say now and we'll discuss it again at the M&P we discuss it is we worked a very long and arduous process with FEMA to get us to through the uh community assistance visit and back into the CRS and a significant uh win for the staff uh was to you know develop the ETP process and and us getting it not necessarily signed off by FEMA but acknowledgement from FEMA that that is a way for us to continue this and still uh re-enter into the CRS process. Anything we do with regards to temporary uh use permits or temporary structures could potentially, you know, go against uh a lot of what we've worked at so hard for. I would just caut So I would just caution everybody on that here. And uh not that I don't think we should have the discussion. I think it's always good to have the discussions because we can maybe find some ways. I um I I think I have expressed to this particular uh uh developer and and and planners and the staff has expressed to express to them that there are paths there are paths the special use type requests um special exceptions requests during the DA process during the DO process any of those um which there are examples of of

those working through but again when it comes to temporary structures like that uh I I like to just emphasize caution It's fine. Anything else? Nope. Not for me. Well, the mayor's asked me to get a little more funky and while I'm not there yet, I'm moving in that direction. So, with apologies to Grand Funk Railroad and little Eva, uh, we'll call the locomotion. It's my little baby sister can do it with ease. It's easier than learning your ABCs. So, come on. Come on. And do the move to adjournment with me. Any [laughter] objection? We are adjourned at 12:57.