Woodson files appeal, Veach files motion to reconsider
Fort Myers Beach Councilwoman Karen Woodson has filed an appeal of a Lee County Circuit Court decision which dismissed her lawsuit to stop the recall election of her seat. The motion filed by Woodson seeks a stay in the Nov. 4 recall election from the trial court pending her appeal to an appellate court or an order allowing the recall election to proceed but for the results of the recall to be tallied but sealed and only released to her, former Fort Myers Beach Ray Murphy (who heads the committee to recall Woodson) and the Lee County Supervisor of Elections pending her appeal of Judge Kyle Cohen’s decision to an appellate court.
“The judge totally missed the fact that there was no violation of the Sunshine Law,” Woodson said. “We don’t vote on the Pier. The (Fort Myers Beach) Pier is owned by Lee County.”
Woodson is facing three allegations in her recall, including two alleged Sunshine Law violations for discussing the Fort Myers Beach Pier with Fort Myers Beach Vice Mayor Jim Atterholt and for allegedly working with Fort Myers Beach Councilmember John King to court another law firm to replace former Town Attorney John Herin Jr.
“I had an in-person meeting (with the law firm that was approached,” Woodson said. “John called (the firm) by telephone,” she said. Woodson said they were referred to the law firm by two different individuals.
Woodson is also accused of accepting unreported gifts from developers seeking land-use approvals from the Town of Fort Myers Beach.
“I have never taken bribes and I never would,” Woodson said. “It’s all trumped up charges.”
Woodson said the recall allegations against her were motivated by her vote to support the Seagate development project, a controversial project which would place 141 luxury condo units in several high-rise buildings which would reach 17 stories.
Woodson said she legally can’t be recalled based on a vote she took. “You can’t base it on a vote,” Woodson said. Woodson said she has spoken with people who have been approached to sign recall petitions who cited her vote on Seagate as a reason to recall her.
The Seagate approvals by the Town of Fort Myers Beach Council is the subject of a separate lawsuit by a group of citizens in the town who allege, among other issues, that the project violates the town’s own zoning and Comprehensive Plan by being 14 stories above what is legally allowed without deviations.
Meanwhile, former Fort Myers Beach Councilman Bill Veach filed a motion to reconsider to the Lee County Circuit Court over Judge Cohen’s ruling against the request to dismiss a lawsuit from Fort Myers Beach Councilman John King to stop the recall election against his seat.
Cohen found that one of the three allegations against King was not legally sufficient to meet the state statute for a recall due to the vagueness of the allegation. The allegation in question revolves around whether King acted outside his authority to influence the termination of town contract employees.
Cohen found that the allegation was too vague and didn’t name which employees were terminated. Michael Pizzi, the attorney for Veach, countered in a motion to reconsider that the law does not require more specificity. The motion filed by Pizzi and Veach to reconsider the decision was denied by Judge Cohen on Saturday night.
A hearing has been scheduled for Thursday on Woodson’s appeal and the continuation of King’s case. King said he expects discussion to include whether an injunction will be issued to stop the recall vote against him.