SQUARE SEATING: Formula needed for sidewalk cafe policy
Town of Fort Myers Beach-leased property for extended use of premises within Times Square or elsewhere will not see a proposed rate increase until at least after tourism season.
After discussion at a recent Beach Council session, the issue that involves a sidewalk cafe policy has been moved to an April 20 workshop. Merchants will continue operating on their existing contracts that charges $4.50 per square foot until current leases expire on Sept. 30, 2015.
Town Public Works Director Scott Baker believes more information is needed prior to legislation and that the timing is not right to implement rate increases. He spoke to Times Square Alliance officials prior to the Jan. 20 workshop and asked Council members for more time to investigate a true proposal.
“We are embarking in the biggest infrastructure project that the Town has ever had,” said Baker. “I think that it will impact a lot of businesses and that we put (rate increases) on hold and keep the current price where it is until further discussion.”
According to Town records, there is currently no uniform policy or rules or regulations regarding the extended use. Approval comes when Town staff and a business applicant establishes a total square footage parameter to be used.
Inside the paver portion of Times Square, the current set-up situation is one-sided literally. Outdoor dining tables, chairs, menu boards and umbrellas line the west side of the square, but at least one business on the west side has shown interest in extending its use of premises.
Currently, Times Square Grill, La Ola Surfside Restaurant, Plaka Restaurant, Kilwins of Fort Myers Beach, Pete’s Time Out and Mango Ritas pay to extend their dining capabilities on a yearly basis. Town records show that The Beach Pierside Grill and Dairy Queen have pending applications to extend their seating area and the business formerly known as Top O’ Mast is seeking a like extension.
The overriding issue deals with limited space within the square and fairness to all affected businesses to have equal opportunity to rent within the roughly 50 feet in width in the inner corridor.
In December, Town officials talked about a supposed, required 20-foot “pathway” in the fire code that is needed to be maintained in the middle of the square so that emergency vehicles have access. A proper fire lane easement questioned the limitation for existing businesses’ ROW and how much the three businesses in question may be required to extend their seating area if a “grandfathering” measure is allowed.
On Jan. 20, questions arose to what would happen if more tables were allowed on the west side of the pavers. Beach Fire Capt. Ron Martin, who attended the meeting, stated he was notified of the situation and decided to ride in a fire engine to check the right-of-way access.
“As your current snapshot is today, we have plenty of true access coming through,” he told Council members.
The fire truck entryway between installed light posts within Times Square was said to be roughly 17 feet feet. If the new business going into the former Top O’ The Mast building wanted to utilize the space up to the palm trees, the space between the building and palm trees/light posts was said to measure approximately 14 feet.
Businesses that apply for extended use of premises on the pavers would probably be handled on a case-by-case basis, says Town officials and the Beach Fire Marshal.
“As applicants come in, some of them will have less and some will have a little bit more based on where their building is configured at,” Martin said. “We drew an imaginary line through the light posts on that side of the square. With that imaginary line, we had more than enough maneuverability.”
As far as any proposed rate increase, current Times Square business owners who use the Town ROW have expressed objection. According to discussion, annual costs have ranged from $400 a table in the late 1990s, to $2 per square foot to $2.98 per square foot to $4 per square foot to the current rate.
“It’s raised 52 percent since inception,” said Plaka Restaurant owner Steve Nelakakis. “Consumer price index has only raised 47 percent.”
“There was never a mechanism in place at the time. We are asking this Council to finally put this to rest and come up with a figure and, from then on, we go by the CPI,” added Pete’s Time Out owner John Lallo. “We want a set rule to go by.”
Town charts show that a business with 836 square feet of extended use of premises pays $3,762 annually on the $4.50 scale. If the cost per square foot raised to $6.50, that business would pay $5,434 (a $1,672 increase) for the space.
Current contract language includes extended use area is allowed between 6 a.m. to midnight and must be designated by rope or other approved indicators. Businesses must maintain cleanliness of area and adjacent neutral zones.
Town records have referenced Pompano Beach as a comparable town for sidewalk cafe policy issues, and Town staff has recommended “molding” current rules and regulations as well as application processes with that town’s approach. Pompano Beach charges its businesses $20 for the first four tables plus $20 for each additional table with an application fee of $130. Other Florida towns either use that method, charge a flat yearly cost or go by square feet (i.e. Punta Gorda= $10.65; Miami= $11.50).
Before the decision to prolong analysis until April 20, Councilwoman Rexann Hosafros stated she was not in favor of delaying discussion of related costs.
“I think we should have a discussion that it should be somewhat higher, and I agree that a formula is a great idea so that you have predictability for the future,” she said.
Mayor Anita Cerceda agreed. She referred to the Time Square pavers as a worthy price tag.
“I think there should be some effort to say that we recognize $4.50 is an old number,” she said. “You are leasing the single most valuable real estate within the town limits.”