By Richard Luthmann
Developer Jesse Schmid said he would give Fort Myers Beach “One Last Chance” to amicably resolve the $1.25 million fine levied against his real estate company’s property at 80 Avenue E. His lawyer, Steven A. Ramunni, did that at an FMB Town Council meeting earlier today.
Attorney Ramunni, representing White Sands Properties of Fort Myers, LLC, officially presented a “Smoking Gun” Zoning Verification Letter dated November 18, 2020, to the Town Council. The Letter clearly states, “There are no active Code Enforcement cases on this property.”
Last week, we published the “Smoking Gun” Letter:
“If you recall, at the last meeting, we had a little bit of a discussion about the starting point for the fines on the property and that number was given to be in excess of $1.2 million dollars. So if you look at the zoning verification letter in 2020, it can’t be both ways,” said Attorney Ramunni, who argued the amount of the fine produced by staff was incorrect.
Attorney Ramunni said he ran the numbers off the Code Enforcement Orders through October 31, 2020.
“So when you actually look at the numbers, the amount comes to approximately $420,000, give or take,” Attorney Ramunni said.
True to his word, Schmid told his lawyer to give FMB one shot to get things straight.
“So we are asking for reconsideration or clarification as it pertains to my client’s motion to forgive the liens,” Attorney Ramunni said.
The White Sands lawyer requested that Town Manager Andy Hyatt review the matter pursuant to the applicable ordinances. This procedural requirement allows the Town Council to reconsider based on the new evidence.
At the May 6 Town Council meeting, Attorney Ramunni previously asked for finality on the matter. He first argued for a dismissal of all fines based on non-offender status, highlighting White Sands’ full compliance with a settlement agreement from 2019. The evidence of a cashed $50,000 check and subsequent communications from the Town confirmed the resolution of the liens.
Filed with the Town Council before the meeting, these documents are publicly available.
At that meeting earlier this month, the Town Council declined to recognize Schmid’s payment as full satisfaction of the issues. After deliberation and a unanimous 4-0 vote, the FMB Council said they would $250,000. Council Member Scott Safford recused himself after disclosure of prior financial dealings to Becky Vose, the Town Attorney.
At the latest meeting, Safford remained recused on the Schmid / White Sands issue. Council Member Karen Woodson was not present based on a previously noticed excused absence.
Schmid did not appear at the Town Council meeting. We were able to reach him while traveling in Illinois.
“This lien should never have been in the records based on the Town’s own data. I am told that this is a clear slander of title and interference with credit. If I go to Court, I will win. I can show that this false pending foreclosure has harmed me economically,” Schmid said, pointing to less preferential commercial interest rates available to him and his companies.
We contacted several Town Government members to find out if they had officially reassigned the matter to Town Manager Andy Hyatt for investigation. Vice Mayor Jim Atterholt responded.
“Procedurally, it is difficult to say as the attorney was speaking during the public comment period. Attorney Ramunni will need to follow up with our Town Attorney, Becky Vose, to determine next steps,” Vice Mayor Atterholt said.
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