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Due diligence performed at FMB golf course

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FILE PHOTO Golfers have not played on the property formerly known as the Fort Myers Beach Golf Club for more than five months. County recently performed due diligence on it and are exploring reasonable steps to satisfy a legal requirement.

More than five months of idleness due to ongoing, multiple legal cases regarding the property that has held the only golf course on Estero Island has created the Lee County Board of County Commissioners to seek due diligence.

On Dec. 2, Commissioner Larry Kiker received unanimous consensual action from his fellow commissioners to have County staff and legal team begin due diligence for the 50-plus acre green space on the south end of Fort Myers Beach. Current land use aims as well as future land use options will be investigated, and an appraisal for County purchase could come next if legal requirements are satisfied.

The Fort Myers Beach Golf Club has been closed since Aug. 1, when President Chip Durpo disclosed the club had only 30 members at the time. The reported lack of membership and consequent financial distress has been coupled with an ongoing legal battle involving storm water collection from the area condominium community.

County officials will be looking into storm water management -what the property is being utilized for at present time- and environmental possibilities. The property abuts Estero Bay and has direct water access.

“This is the first step to see if there is going to be an interest in pursuing the purchase of it. We are going to look at the environmental aspects, legal aspects and town ordinances related to that property,” said Kiker. “We want to see if it has developmental rights and understand all that we can about the property before we have discussion whether we are interested in it or not. My suspicion is that it’s never going to be a golf course again.”

With due diligence, County officials can now identify and explore funding sources. The property could come with a roughly $4 million price tag.

“We could look into limitations and characteristics of securing funding sources, whether that is through tourism, parks and recreation, conservation property or ad valorem taxes,” Kiker said.

Possible green space usage could include a passive park, an amphitheater and/or a walking park, but Kiker cautions that local ideas need to be put on hold until County officials take the reasonable steps to establish property assets and liabilities as well as evaluate potential.

“This is not the time to create ideas or fix problems or anything like that. There will be plenty of time for that if we choose to move on that property,” he said. “We need to look at the present disposition of that property.”

South Florida Water Management District issued a permit nearly 30 years ago to allow storm water drainage onto the course via the water traps. The former golf course storm water system has provided for the treatment and removal of all storm water collected by eight condominium associations in the Bay Beach condominium community. Each individual condo property’s collection system transfers storm water into the golf course via a storm pipe.

Dating back to the 1980s, golf club officials have been responsible for providing retention, detention, filtration and pumpage into the Back Bay. In late 2005, Chip Durpo purchased the former Bay Beach Golf Club and renamed it Fort Myers Beach Golf Club.

Through a video report, Durpo stated that storm water drainage on the golf course had been an ongoing problem for some time. The flood protection action has caused much course flooding. While the course was open, the aging pump system could not keep up.

“The storm water equipment is in immediate need of repair and/or replacement. As a result, it is starting to flood with each rainfall. Flooding causes the grasses to die and makes the course unplayable when the water table rises to the levels they are now,” said property owner Chip Durpo via a video on website www.baybeachfacts.com earlier. “For several years now, each condominium association has benefitted from the storm water services the golf course property provides and has enjoyed the benefits of these services without an operating agreement, land use rights or a cost share in the operation of the system.”

Law suits have come from condominium associations and Estero Bay Improvement Association.

EBIA manages Bay Beach condominium community and records show provided funding to the previous owners to offset water management.

On Aug. 1, a letter went out to the residents living on Bay Beach Lane. It explained “money” is needed to keep the course up and running. Prior to the letter, Durpo reported to have only 30 members and hoped enough people would sign up so that he’d be able to reopen the 18-hole, par 60 course in October. That did not happen.

While it may not be monetarily beneficial for Durpo to change the business plan of the property, it may work from a County and Beach standpoint.

“It may be advantageous for Lee County and, more specifically, for the Fort Myers Beach community,” said Kiker. “We are looking at it from a regional aspect.”

In several past meetings, Beach Councilman Alan Mandel has pitched the idea of the Town of Fort Myers Beach possibly becoming a player in the purchasing of the property, but he has not received the proper backing from fellow Council members. Council decided to take no action in mid-November.

“I believe until the lawsuit is resolved, the Town shouldn’t be getting involved in the problem,” said Councilwoman Rexann Hosafros at that meeting. “There are very precarious issues out there. If we get involved in it, it will complicate the situation by adding another party to the issue.”

Even Beach residents have provided public comment and pleaded with town officials to intervene to get the course back up and running.

“My brief comments hopefully support asking Town Council to initiate a dialogue relative to the future of our poorly neglected, much maligned but beloved golf course that is enjoyed by residents and visitors on the island,” said Alan Smith.

Kiker believed it was time for County officials to act.

“Once I finally figured out that (Town officials) were not going to have interest in buying the property, I thought that it would be an excellent choice to provide and capture as much green area on the Beach as we can,” Kiker said. “In my opinion, there is a huge upside on what can happen on this property, but this is an issue that requires patience from everybody.”

Go to www.baybeachfacts.com to learn more about the dilemma.

Contact Kiker at his office at 533-2223 or dist3@leegov.com for any questions or concerns.