Council Minutes : January 8, 1996 MINUTES COUNCIL OF THE TOWN OF FORT MYERS BEACH MEETING - JANUARY 8, 1996 The regular meeting of the Town Council of Fort Myers Beach was called to order at 6:30 p.m. at the Beach United Methodist Church. Councilmembers present were: Mayor Anita Cereceda, Vice Mayor Ted FitzSimons, Councilmembers Rusty Isler, Ray Murphy and Garr Reynolds. Also present was Acting Town Manager William Mills, and Interim Town Attorney Richard Roosa. Councilmember Isler led the Invocation and Pledge of Allegiance. Item #3. Public Comment and Inquiries. Bill Van Duzer, representing the Fort Myers Beach Lions Foundation, announced plans for the 38th Annual Shrimp Festival which begins on February 24 and continues through March 3. Mr. Van Duzer advised Council that several permitting applications from Lee County and the State of Florida DOT are being processed and questioned whether a permit from the Town Fort Myers Beach would also be required. Copies of the Certificate of Insurance and other required permits will be available for Council inspection if necessary. He advised that a letter to Town Council from the Parade Marshall will be forthcoming. Vice Mayor FitzSimons made a motion directing Acting Town Manager Mills to review the insurance requirements, permitting, etc. and authorizing him to take the necessary action needed to ensure the Town's liability. Councilmember Isler seconded. Motion was carried and unanimously approved. Betty Davis Simpson was present on behalf of U.S. Congressman Porter Goss, Representative 14th District, and presented Council with an American Flag which was flown over the Nation's Capitol on December 14, 1995. Ms. Simpson read Congressman Goss' letter dated December 31, 1995 offering congratulations to the new Council into the record. A certificate of authenticity accompanied the letter. Johanna Campbell addressed Council regarding Commissioner Coy's recent letter on the Community Redevelopment Agency (CRA) Estero Island project. She advised that a regular CRA meeting is scheduled for 7 P.M. Thursday, January 11 at the St. Raphael's Church. Pat DeVincent, a member of CRA, reiterated Ms. Campbell's suggestion on attending the workshop to gain a better understanding of the CRA process and the Estero Island project. Bob Lavar questioned whether Council will have any input on the project in regards to underground lighting on Estero Boulevard. Mr. Lavar added that he is in favor of the underground lighting and feels it is important for the Island. On another matter, Mr. Lavar questioned whether Council will support the straw vote on the pool issue. Mayor Cereceda pointed out that the straw vote was a definite "no" and that during the campaign everyone agreed they would support what the voters wanted. She further explained the reason for the letter to the Commissioners was to allow supporters of the pool project to independently try to come up with a way to proceed with the project. Mr. Lavar stated that he personally is not in favor of the pool and stated that there are many elderly citizens on the island who are already paying condo pool fees. Following additional discussion, Councilmember FitzSimons suggested a workshop to further discuss the pool issue. Suggested dates were Friday, January 19th or 26th. Jack Schweiner questioned whether there were any future plans for four-laning Estero Boulevard. Councilmembers were not aware of any future plans to do so. Pat Loffreno questioned why Estero Boulevard couldn't be at least three lanes wide and further stated that there should be some solution to the traffic situation. He suggested Council schedule a traffic workshop with the State and County's Department of Transportation and possibly consider the formation of a Traffic Committee to study the problem. Councilmember FitzSimons advised Mr. Loffreno that the Town will soon become a member of the Metropolitan Planning Organization (MPO) which is in control of all the roads and infrastructure of the area and hopes to address the problem at that time. Item #4. Approval of Minutes. The Minutes of the December 15, 1995 meeting were unanimously approved as presented. The Minutes of the December 18, 1995 meeting were unanimously approved as amended. Item #5. First Reading of an Ordinance Authorizing the Borrowing of Not to Exceed $500,000 to Provide Interim Funds for the Payment of Operating Expenses of the Town during the Current Fiscal Year and 1997 Fiscal Year Until Receipt of Tax and other Revenues; Accepting the Proposal of First Union National Bank for a Line of Credit Authorizing Issuance of Tax Anticipation Notes, Series 1996, of the Town of Fort Myers Beach, Florida, to Evidence the Town's Obligation to Repay Advances Under the Line of Credit; Pledging Ad Valorem Taxes to be Received by the Town and the Full Faith and Credit of the Town to the Repayment of Advances Thereunder; Specifying the Authority for this Ordinance; Providing Definitions; Findings; Ordinance to Constitute Contract; Authorization and Description of Notes; Execution and Authentication of Notes; Notes Mutilated, Destroyed, Stolen or Lost; Negotiability, Registration and Transfer of Notes; Form of Notes; Advances under Notes; General Obligation of Town; Sinking Fund; Application of Note Proceeds; Covenants of Town; Additional Covenants for Benefit of Town; Tax Compliance; Defeasance; Execution of Documents; Acceptance of Commitment; Remedies; Severability; Repealing Clause; and Providing an Effective Date Acting Town Manager Mills read the title into the record and provided background regarding the Tax Anticipation Note from First Union National Bank. The amount of the note is for $500,000 at a fixed interest rate of 4.07%, due and payable on December 31, 1996. It is recommended that the town draw the entire amount of the line of credit, deposit a small portion into a general operating account and deposit the remainder in an account with the State Board of Administration which is currently earning a higher interest rate. However, Mills did caution Council that if proceeds were expended entirely this would amount would represent approximately 1/2 mill of town property taxation for Fiscal Year 1997 if all of these funds are used. Vice Mayor FitzSimons questioned whether the amount of the closing costs (not to exceed $4,000) was standard. Attorney Roosa replied that it is standard and is actually on the low side. Mills recommended Town Council declare this to be a First Reading and schedule a date and time for a Public Hearing and Second Reading. Due to legal advertising requirements, the suggested date is January 22, 1996. Vice Mayor FitzSimons moved to schedule a Public Hearing and Second Reading on January 22, 1996 at 7:00 P.M. Motion was seconded by Councilmember Murphy. Being no further discussion on the matter, the motion passed unanimously. Item #6. Consideration of a Resolution Approving, Ratifying and Confirming All Prior Actions of the Town Council; and Providing an Effective Date. Mayor Cereceda read Resolution into the record. Vice Mayor Fitzsimons moved to approve Resolution as stated. Motion was seconded by Councilmember Isler and carried unanimously. Item #7. Consideration of a Resolution Regarding the Lee County Community Redevelopment Agency and its Activities Within the Town's Incorporated Limits, Authorizing the Mayor to Sign an Interlocal Agreement; and Providing an Effective Date. Acting Town Manager Mills referenced Commissioner Coy's letter dated December 20, 1995 advising that in order to legally assist in construction improvements to the Times Square/Estero Boulevard project, the Board of Lee County Commissioners is requesting the Town of Fort Myers Beach to enter into an interlocal agreement. Mills introduced Scott Whipple, Community Redevelopment Agency Representative (CRA) and Jack Peterson, Lee County Attorney's Office who were present to answer any questions Council may have on the CRA project. Mr. Whipple gave status report on the Estero Island project and suggested that it would be beneficial for Council attend an upcoming CRA workshop for more details. Mr. Whipple reported that the project design was complete, but the first bids came in over $700,000 over budget. A question and answer period followed regarding concerns that the town will not be included in the upcoming decision-making process. Mayor Cereceda questioned whether there was any way to revise agreement so that Town Council would have input as to what is in the project and what will be deleted. Vice Mayor FitzSimons stated that he felt Section 4 should be deleted from the agreement. Attorney Peterson agreed to advise Commissioner Coy of Council's concerns. There was consensus that attending a workshop on this issue would be beneficial to Council. Mr. Whipple advised that the next scheduled CRA meeting is at 7:00 P.M. Thursday, January 11 at St. Raphael's Church. Attorney Roosa cautioned that by law Council members are not allowed to discuss the project with each other or take any action. Council may address questions to the CRA committee and the public only. Councilmember Reynolds moved to postpone the signing of the interlocal agreement until after the workshop. Mayor Cereceda requested that Attorney Peterson return at that time with County's response. Councilmember Isler seconded. The motion carried and was unanimously approved. Item #8. Consideration of a Resolution Notifying Property Owners of Land Within the Corporate Limits of the Town of Fort Myers Beach of the Council's Intention to Adopt a Comprehensive Plan and Land Development Regulations, Directing the Town Manager to Notify Property Owners; and Providing an Effective Date Mayor Cereceda read the Resolution into the record. Attorney Roosa explained that this resolution is only for the purpose of noticing property owners that the Town Council will be reviewing and eventually adopting a Comprehensive Land Use Plan. He further explained that this resolution will help protect the Town from any future land use legal actions. Vice Mayor FitzSimons moved to approve the resolution as presented. Councilmember Isler seconded. Motion carried and was unanimously approved. Attorney Roosa advised that on occasion certified copies are required, therefore he has taken the liberty of preparing a generic seal for the Town to be used until an official town seal can be obtained and requests Council's approval. Councilmember Murphy moved to approve the seal. Councilmember Isler seconded. The motion carried and was unanimously approved. Item #9. Discussion regarding the Date, Time and Location of a Public Hearing on the Nyman Rezoning Case Acting Town Manager Mills referenced a memorandum from Walter McCarthy, Lee County Department of Community Development, advising that the Donald A. and Anne S. Nyman zoning case, #95-07-032.02Z, has been reviewed by the Hearing Examiner and recommendations are ready to be brought before Town Council. Mills noted that a Public Hearing is required on this matter and that County staff has requested at least three weeks notice to allow for the required advertising and document preparation. Council will receive all necessary materials for review at that time. He also noted that portions of the Nyman file and the weekly Council agenda and backup materials can be reviewed at the Library Information Desk prior to the meetings. Following discussion, there was consensus to hold the Public Hearing at 1:00 P.M. on Friday, February 9 at the Town Hall (NationsBank). Item #10. Councilmembers' Items and Reports. Councilmember Reynolds expressed concern regarding the establishment of committees and Council liaisons, and believes they should be in place as soon as possible. Discussion ensued, followed by a proposal by Vice Mayor FitzSimons requesting that each member present a list of priority subjects and a suggested Councilmember for each subject area, for discussion at the next scheduled Council meeting. There was Council consensus to schedule this discussion as an agenda item for next meeting. Councilmember Reynolds questioned whether Town Council would like him to attend the National Beach Renourishment Conference in St. Petersburg on January 20. Following discussion, Vice Mayor FitzSimons moved approval to allow Councilmember Reynolds to attend the conference and allow for reimbursement of related expenses. Councilmember Isler seconded. The motion carried and was unanimously approved. Mayor Cereceda reported that Attorney Charles Bigelow contacted her and requested permission to appear before Council for a presentation regarding update on recent zoning and land use cases. Councilmember Murphy expressed concern that this could be a conflict as Mr. Bigelow represents a number clients who have cases before the County. Attorney Roosa raised the issue of Town Council's role in the land use and zoning review process. Bob Keane, Member and Director of the Civic Association, conveyed that Mr. Bigelow only wants to bring Town Council up-to-date on cases. Following discussion, Counsel directed Attorney Roosa to contact Mr. Bigelow regarding his request and report to Council at an upcoming meeting. Councilmember Reynolds reported that Commissioner Judah attended a meeting and indicated that the Matanzas Pass dredging project is scheduled to begin February 10 or 12. Plans are available for inspection in the NationsBank Lobby. Item #11. Discussion Regarding the Agenda for the January 15, 1996 Town Council Meeting. Acting Town Manager Mills addressed the add-on item which was a redraft of the Town Manager advertisement. Mayor Cereceda read the advertisement into the record. Mills requested permission to publish advertisement in the International City Manager's Association (ICMA) Bulletin, Florida League of Cities Datagram (no charge) and at least once in the Fort Myers News Press and the Beach Observer with a required due date to be 30 days after the date of the last advertisement. Following discussion, Council approved the Town Manager advertisement as amended and approved placing ads in the four publications proposed by Mills. Moving on to items for the next Council agenda, Mills noted that he added the assignment list recommended by Vice Mayor FitzSimons and agrees that the Traffic Committee workshop session be postponed to a later date. Mills urged Council to solicit letters of interest for the Interim Town Manager position as soon as possible as the agreement with the City of Sanibel will expire at the end of January. Mills also noted that Monday, January 15 is a holiday and recommends canceling the meeting. There was Council consensus to cancel the January 15 meeting. Councilmember FitzSimons questioned the status of the Town Hall lease agreement with NationsBank. Mills reported that Sanibel Bob Pritt has been in contact with representatives from NationsBank and they have verbally agreed to undertake construction on the handicapped ramp with their own funds. Sanibel's Deputy Building Official is in the process of obtaining the required permits. Councilmember Reynolds questioned whether the Department of Revenue (DOR) has been contacted. Mills reported that he has spoke with the DOR and noted that funds probably will not be forwarded until February due hold up of the Federal ID number, the letter from the County Property Appraiser's office giving the official property value of incorporated area of Estero Island and the letter from University of Florida stating the official population figure. First check is expected to arrive sometime in late February. Item #12. Public Comments and Inquiries. Al Van Horn felt it would be appropriate to place in the record on behalf of Council and the Town of Fort Myers Beach a heartfelt thank you to the Smith's for the tremendous job that they did in arranging the town's Inaugural Party. The Suter's were also thanked for their work on the party. Pat Loffreno spoke regarding beach renourishment and advised that he has some information available to Council regarding new beach stabilization technology. He also advised that he has a substantial file on traffic data that he is willing to share with Councilmembers. Mr. Loffreno feels that the meeting should be shorter in length and suggested using speaker cards similar to that used by the County Commission. Mayor Cereceda noted that she plans to discuss this at the next meeting and will try to keep public comments to the beginning and end of meetings. Bob Gaydos, member of the advisory board for the Fort Myers Beach Street Lighting Committee, noted that this committee was never advised of any CRA plans and would like to have input. It was suggested that Mayor Cereceda introduce this committee during the upcoming workshop. Attorney Roosa presented a welcome letter from Sheriff McDougall dated January 8, 1996. Mr. Kiesel reiterated comments with regards to Acting Town Manager Mills being recruited as Town Manager. He also stated that Attorney Roosa was also doing great job for the community. Item #12. Adjournment Being no further business before Council, the meeting adjourned at 9:20 P.M. Respectfully submitted, William A. Mills Acting Town Manager