Town of Fort Myers Beach Council appoints McLean, who voted for Seagate plan, to vacant council seat

Allers, Link change votes on second ballot

The Town of Fort Myers Beach Council voted Tuesday to appoint Fort Myers Beach Local Planning Agency member John McLean to the vacant seat on the Town of Fort Myers Beach Council, but not before confusion on a first ballot led to a second ballot where two councilmembers switched their votes.

The council chose McLean over fellow Local Planning Agency member James Boan and Protect FMB leader Tom Brady in a vote that was being closely watched following the outcome of the town’s recall vote three months ago.

After an initial 3-1 vote, where councilmembers voted to appoint McLean, Councilmember Rebecca Link said she mistakenly voted for McLean on her first ballot. A second vote was then called for by Town Attorney Nancy Stuparich.

Fort Myers Beach Mayor Dan Allers, who voted for Boan on the first ballot, then switched his vote to McLean on the second vote. Allers voted to join councilmembers John King and Scott Safford, who voted on both ballots for McLean to be the town’s new councilmember. Link then voted for Tom Brady for the council seat.

Link said after the meeting that she had checked off the wrong box for McLean in error on the first ballot and did not intend to vote him. She then changed her vote to Brady, whom she meant to vote for the first time. Brady and Link both ran in the recall election in November for the seats of King and former Councilmember Karen Woodson.

McLean will be the town’s newest councilmember, replacing former Councilmember Jim Atterholt, who resigned his seat Dec. 31.

McLean had been one of two votes on the Fort Myers Beach Local Planning Agency to vote in favor of recommending the controversial Seagate Development Group condo tower project back in 2024. Boan was among the majority of the LPA who voted against recommending approval of the 17-story development. The Town of Fort Myers Beach Council overruled the LPA’s recommendation and voted to allow the project to go forward.

That decision led to the formation of Protect FMB, which was formed in the wake of the Seagate approval due to concerns about the size and scope of the development. The group has helped support litigation to overturn the council’s decision for Seagate. They filed a writ of certiorari in Lee County Circuit Court, which they hope will be successful in leading the council to vote again on reconsidering the Seagate plans. That litigation has been languishing in court.

Former Fort Myers Beach Councilmember Bill Veach had offered to drop his appeal of the recall of King, if the council voted for Brady. That led Stuparich to advise King that he would have a conflict of interest if he voted for Brady.

After Link said she had made an error in voting for McLean on the first vote, the council went into a recess called for by Stuparich.

When the council took their seats again, Stuparich ordered a second vote, finding that there had not been enough votes to appoint McLean due to Link having stated she voted incorrectly. With the vacancy on the council left by Atterholt, the seat still counts in determining a majority of votes. Three votes were still needed for a majority to appoint McLean.

“The new process that we have with the spreadsheet as well as the announcement of the vote by the clerk is all in the spirit of transparency,” Stuparich said. “Also the crosscheck to make sure that a ballot was not marked incorrectly wich unfortunately, we have now lived through that situation. The ballot that was cast did not reflect her intended vote. In that last vote, there was not three votes in favor of a single candidate.”

At the previous town council meeting, the council had voted on the procedures for how they would vote on the appointment, opting for written ballots instead of a voice vote.

Following his appointment, McLean thanked the council for their support and vowed to run again in November to keep the seat.

McLean will have to run in November for a new four-year term to keep his seat. Both King and Link will also have to run to keep their four-year seats which expire in November. Link was elected in the November recall election, where former Councilmember Karen Woodson was successfully recalled. Brady earned the second-most votes in the recall where voters elected to recall King, but that vote has been on hold over a judge’s ruling invalidating recall petitions for King. The appeal by Veach is currently sitting in front of an appeals court.

“I will do my utmost to try and take in the responsibilities of representing the people in the best way I possibly can going forward,” McLean said. “I believe that we need diverse viewpoints on this island and we need to listen to all of the voices and then come together with unity and strength and rebuild this island. I think we made a great start. We think we just need to continue it.”

McLean’s appointment now leaves a vacancy on the LPA.

Allers said he did not have a reason for switching his vote from Boan to McLean.

“I did not have a specific reason for casting my second vote differently than my first,” Allers said. “When candidates are this closely matched, thoughtful deliberation can lead you to weigh qualifications slightly differently as the process unfolds. Ultimately, it speaks to the quality of the applicants that the decision was not easy.

Safford said “John has been one of the most present and engaged people on the island since Hurricane Ian. His LPA experience will enable him to hit the ground running as we navigate through our island’s rebuilding process. I look forward to working with him.”

Allers said “We are fortunate to have John serving on our Council, and I am confident he will contribute meaningfully to our community.”