Eddie Rood and Kurt Kroemer can begin to build their 293-foot wooden walkover to the beach as soon as turtle season ends. On Monday, the Fort Myers Beach Town Council voted to release the permit to the two Estero Boulevard homeowners after approving a special exception for the walkover back in March.
Town Attorney Becky Voss found it “highly unusual” for the town to grant the special exception but refuse to issue the permit. “Normally when you grant a special exception, it’s implemented. Not implementing it is problematic. There’s a decent chance there could be a lawsuit against the town for not issuing the permit.”
Rood and Kroemer’s attorney Seth Behn said he was surprised to even be attending the meeting on Monday. “Your portal says the permit is ready to be issued. We’re here for your approval to release this permit.”
The Town Council was holding the permit because the Florida Audubon Society filed a lawsuit against the town alleging the Town Council ignored its own staff and did not follow the rules of its own charter by approving the walkover. Prior to Town Council approval back in March, the Local Planning Agency voted in favor of the dune walkover by a vote of 6-1.
Nobody from the Audubon Society showed up to the Town Council meeting on Monday. Town Attorney Becky Voss said she spoke to legal council for Audubon and they told her they did not have a legal reason for the town to hold the permit.
Monday’s vote was 3-2 to release the permit. Vice Mayor Jim Atterholt and Councilman Bill Veach voted against granting the permit with Councilman John King, Councilwoman Karen Woodson and Mayor Dan Allers voting to release the permit.
Councilman King said, “It’s been six months since we voted to approve the special exception. The permit should have been issued by now.” King accused previous Town Attorney John Herin of having a personal agenda on this issue.
Estero Boulevard resident John Cameron spoke in favor of the town issuing the permit. He was not kind to the Audubon. “We are at war with the Audubon Society. They are our enemy and should be treated as such. They sit high and mighty in the New York City offices and use donated money to squash dissent. They are attempting to bully you (the Town Council), acting like a child throwing a temper tantrum because they did not get their way.”
Several of Rood and Kroemer’s neighbors spoke in favor of the permit. One person stood up in opposition.
Rood and Kroemer agreed to sign an indemnification letter holding the town harmless if they were to lose the Audubon lawsuit. They expect the walkover to be built and ready to use by January, 2024.
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