‘A slap in the face’: Paint controversy over historic Richards Building persists

The Fort Myers Historic Preservation Commission unanimously voted for Alessio Companies to restore the historic Richards Building to its original brick façade.

In April, the building's current owners – Alessio Companies – painted the original brick white without approval and continued painting despite the city issuing a stop-work order.

The building, formerly called the Pythian Building and constructed in 1923, was built to house the Royal Palm Lodge No. 12, Knights of Pythias, a fraternal service organization lauded by President Abraham Lincoln. The building, which sits on Hendry Street in the downtown Fort Myers historic district, was renamed the Richards Building after R.Q. Richards purchased it.

At its meeting Thursday, the Commission heard the case involving the painting of the Richards Building , with passionate testimony from both sides.

Alessio Companies argued that using mineral stain on the building's façade followed necessary rules, but the commission disagreed.

The building's previous paint history became a central point of defense for Alessio Companies during the meeting. Alessio's attorney, Daniel Garza, claimed the building had been painted in the past, arguing that the front façade was not an unpainted surface.

He provided an affidavit from an Illinois-based brick stain expert, Vince Saraceno, who asserted the building had been previously painted. However, the commission noted that no evidence was provided to prove the front façade had ever been painted, nor was there documentation of a prior certificate of review to validate this claim.

The News-Press reached out to Whitney Kearns, whose great-grandfather Richards was the original namesake of the building, to find out whether she remembers the building being painted.

Kearns acknowledged that the sides of the building had been painted white but was adamant that the front façade had always retained its bare brick.

“The front façade, which is the part people see, has always been bare brick," she said. "But even as it (the sides) was painted, it was painted prior to the existence of the preservation code.”

Kearns shared that she has a brochure from when her family ran the building, showing its bare-brick façade. The brochure lists a contact number with an 813 area code, which hasn’t been used in Lee County since the early 1990s.

Garza also argued that the city's code does not define "front façade" and doesn’t differentiate between the front façade and other sides, suggesting that Alessio Companies didn’t need approval to paint it. The commission countered with the "Design Guidelines for Historic Properties," which state that painting unpainted brick is a fundamental change to a building’s character and should not be allowed.

Jonathan Bayci, the head of construction on the project, defended the decision to complete painting a primer on the brick despite a stop-work order, arguing it was necessary for color consistency.

Commission member Raimond Aulen said he found that justification bizarre.

“You know a stop-work order is a lawful thing you have to follow? You’re kind of breaking the law at that point,” Aulen said.

The commission ordered Alessio Companies to remove the paint from the building's brick façade using the gentlest means possible. Alessio Companies must submit a Certificate of Review application detailing the methods of paint removal for the commission's review and approval.

Two members of the commission, Gina Sabiston and Sawyer Smith, recused themselves from the hearing because of potential conflicts of interest, so they did not participate in voting. Sabiston recused herself because of her connection to the Lee Trust for Historic Preservation, and Smith recused himself due to his role as the attorney for the Alessio family.

As Smith and the owners left the City Hall chamber following the commission’s unanimous decision, they spoke of appealing the decision.

Art Hamel Jr., whose late father served on the city council and as mayor from 1984 to 1988, noted Smith's involvement.

“If Sawyer Smith, a member of the Historic Preservation Commission, knew the historic preservation code, he would have known the outcome of his case before he presented it,” he said.

Kearns, who sent in a letter to be read during the meeting, said painting the building was inexcusable.

"Asking permission after the fact is insulting," she said. "They knew the code and made changes anyway, and we can't set a precedent like this."

Kearns described the painting and sign change as a “slap in the face” to her family’s legacy.

"I encourage the city and the preservation committee to use the full might of whatever ramifications may be at their disposal to force the restoration of the facade, any unauthorized changes the owners may have made and return it to its original glory," Kearns's letter said. "Make them pay both literally and figuratively for what they did."

Michael Bushatz, a third-generation mason and Lee County resident since 2004, spoke at the meeting to support historic preservation and denounce the owners’ decision to paint.

"I have some severe concerns about how the restoration was handled,” he said.

Bushatz said he began learning fieldstone masonry when he was 16 years old, 27 years ago. He said he's worked on historical buildings like the Marion County Courthouse, built in 1884; the McDaniels building, built in 1928; and the Ohio Theater in Marion, Ohio, that was built in 1928.

"As someone who takes care of history and fixes history and values history, I think it's a giant slap in the face of the city of Fort Myers," he said of the owners painting the building.

He said much of Alessio Companies' argument didn't add up and believes they should face repercussions.

The City Council will review the case and determine repercussions. If Alessio Companies files an appeal, the City Council will have to review and find any evidence of wrongdoing in its decision-making. There is no set timeline for this yet.

Sabiston, who serves as the chairwoman of the Historic Preservation Commission, said people sometimes rely on time to dampen emotions and passion.

"There is still that next round of the battle that historic preservationists in our community need to fight," Sabiston said of the likely appeal. "I would just encourage our entire community to don't let that passion die."

This article originally appeared on Naples Daily News: ‘A slap in the face’: Paint controversy over historic Richards Building persists