Council Minutes : February 5, 1996 MINUTES COUNCIL OF THE TOWN OF FORT MYERS BEACH REGULAR MEETING - FEBRUARY 5, 1996 The regular meeting of the Town Council of Fort Myers Beach was called to order at 6:30 P.M. at St.Raphael's Episcopal Church. Councilmembers present were: Mayor Anita Cereceda, Vice Mayor Ted FitzSimons, Councilmembers Isler, Murphy and Reynolds. Also present were Acting Town Manager William Mills and Interim Town Attorney Richard Roosa. Mayor Cereceda led the Invocation and Pledge of Allegiance. Item #3. Public Comments and Inquiries. Mayor Cereceda announced that 30 minutes will be allowed for Public Comment at the beginning of each meeting and will be limited to agenda items only. General public comment will be taken at the conclusion of the meeting for as long as necessary, however, meetings should run no later than 10:30 P.M. For recording purposes, anyone wishing to speak should complete a speaker card. Larry Pearce requested tapes of the meetings be made available at the Library for the public to review. Item #4. Approval of Minutes January 22, 1996 Regular Meeting. Councilmember Reynolds questioned why Beach Management and Beach Renourishment were not combined into one subject and assigned to one individual. Following discussion, members agreed to change the Council assignment of "Beach Management" to "Coastal Management". All other assignments will remain the same. The Minutes of the January 22, 1996 meeting were approved as amended. Councilmember Murphy moved to approve. Vice Mayor FitzSimons seconded. The motion carried and was unanimously approved. Item #5. Presentation by Bill Semmer Regarding Possible Town Sponsorship of the 1996 4th of July Fireworks Display. Ms. Lisa Delisle, along with Bill and Joanne Semmer were present and invited the Town of Fort Myers Beach to co-sponsor the Annual 4th of July Fireworks Celebration. Mr. Semmer explained that the town would be listed on their $3 Million liability insurance policy. Having the town cosponsor this event would allow exemptions from certain permits. The Semmers are not asking the town for any money, just support and volunteers. Interim Town Attorney Roosa agreed that co-sponsoring this event would not be a problem for the town. Mr. Semmer noted that anyone who wishes to volunteer their time could help with traffic control, children's events, etc. Acting Town Manager Mills questioned whether the town's tax exempt status would be used and whether the town would be listed on the permits. Mr. Semmer advised that permitting would be under the town's name, and his group was already tax exempt. Councilmember Murphy moved to approve the request to co-sponsor the event and for the town to help with other activities for the 4th of July celebration. Councilmember Isler seconded. The motion was unanimously approved. Item #6. Status Report on the Times Square/Estero Boulevard Community Redevelopment Agency (CRA) Project and Discussion of the CRA Overlay Zoning Plan. Mr. Scott Whipple, Director of the Community Redevelopment Agency (CRA), and Shaye Prather were present and gave a presentation on the Overlay Zoning Master Plan. Mr. Whipple explained that four subdistricts are involved in this project: Times Square, Old San Carlos Drive, Crescent Street and Estero Boulevard. Mr. Whipple spoke briefly on each subdistrict and had numerous visual displays available to help illustrate the project. He explained that existing zoning regulations do not allow this type of redevelopment. Following his presentation there was a question and answer period. Vice Mayor FitzSimons asked what changes were made from the last version of the document presented. Mr. Whipple noted that the changes were minimal, and centered around regulations which are enforced by FEMA. He added that there were minor changes as to what they could provide property owners on Estero Boulevard. Mr. Whipple agreed to provide a presentation to the Local Planning Agency if and when the town appoints one. Councilmember Reynolds questioned what the plan was for the volley ball courts and whether they would be hauling sand in to construct them. Ms. Prather explained that some of items visioned in the project will be strictly up to the townspeople as to whether they want to pursue. Copies of the plan are available for $2.76 at Mr. Whipple's office. Mayor Cereceda suggested that the plans and visual graphics be made available at the Library for the public to review. Item #7. Consideration of a Resolution Approving a Lease (With NationsBank of Florida for Town Hall Office Space), Authorizing the Mayor to Sign the Lease, and Providing An Effective Date. Acting Town Manager Mills reported he has received the final lease for the City Hall and that Sanibel City Attorney Robert Pritt reviewed the lease and is satisfied with the contents. Specifics of the lease include: The base rent is $1,000 per month with an additional charge for evening meetings; town to cover construction expense for the handicapped access ramp; lease expires on December 31, 1998. Sanibel Deputy Building Official Jim Lutz designed the handicapped ramp and has procured the necessary permits. Surety Construction was selected to construct the project. Mayor Cereceda thanked Mr. Huber for all the help he has provided with the City Hall office arrangements. Acting Town Manager Mills advised that Council can begin using the building during regular banking hours. Any evening meetings will have to be schedule elsewhere until the handicap access construction is complete. He recommends signing the lease as soon as possible so construction can begin immediately. Councilmember Reynolds moved to accept Mills recommendation. Councilmember Murphy seconded. Motion carried and was unanimously approved. Item #8. Discussion Regarding Draft Ordinances Delegating Road Maintenance and Land Use Powers, Duties and Authority to Lee County Until September 30, 1996. Acting Town Attorney Roosa noted that this item is a continuation of a discussion held at the January 29th meeting on the ordinances regarding the delegation of road maintenance powers and land use powers to Lee County until September 30, 1996. Councilmember Reynolds questioned who would be accountable for liability insurance coverage. Attorney Roosa advised that Lee County would be held liable first, then the Town of Fort Myers Beach. Vice Mayor FitzSimons pointed out that the city has already paid for the service and the insurance coverage. There was discussion over whether or not the town wanted to assume Code Enforcement Board hearing duties, and Council consensus was to allow Lee County to continue to administer these ordinances. Vice Mayor FitzSimons moved to approve the ordinances with modifications with Councilman Reynold's changes regarding liability insurance coverage. There was Council consensus to approve this motion. Attorney Roosa will forward to the County Attorney for review and approval. Mayor Cereceda declared a recess at 7:50 P.M. The meeting reconvened at 8:00 P.M. Item #9. Discussion and Approval of Proposal for Interim Town Manager Services. Acting Town Manager Mills read a letter of proposal from Marsha Segal-George into the record noting she has requested $6,000 per month to be paid bi-weekly and use of a rental car. Mills recommended Council approve the request. Councilmember Reynolds opposed the $6,000 a month salary figure stating that this was above the advertised starting rate. Following discussion, Councilmember Isler moved to accept the proposal as submitted. Councilmember Murhpy seconded. Motion carried and was approved 4 -1 with Councilmember Reynolds dissenting. Item #10. Approval and Authorization of Town Expenditures. Acting Town Manager Mills provided a list of accumulated expenses incurred through January 31, 1996 for Council approval. An additional item for $133 was added for the purchase of tables and chairs for Town Hall. He reported that the current balance in the town's general operating account was $500,152. Vice Mayor FitzSimons moved to approve payment of expenses incurred as presented. Councilmember Murphy seconded. The motion carried and was unanimously approved. Item #11. Councilmembers' Items and Reports. Councilmember Murphy reported that he will not be meeting with Lee Heyman regarding the budget until after the workshop with County Administrator Don Stilwell. Councilmember Reynolds questioned whether a workshop will be scheduled regarding the Sunshine Law. Acting Town Manager Mills reported that Sanibel City Attorney Robert Pritt has agreed to speak on the issue. Mayor Cereceda suggested that Interim Town Manager Segal-George also provide a presentation on the subject. Councilmember Isler requested that a question and answer session be allowed. The Sunshine Law Workshop is scheduled for Friday, February 23 at 1:00 P.M. The location was not determined at this time. On another matter, Councilmember Reynolds advised that he has been pricing office furniture and suggested Council consider Sam's Warehouse. He noted that there is a $25 fee to open an account. Councilmember Reynolds advised that he would like to be on the Lee County Metropolitan Planning Organization (MPO) as an extension of the Traffic Committee. There was Council consensus to appoint Councilmember Reynolds to serve on this board. Councilmember Reynolds reported that Lee Heyman has expressed an interest in serving on the Lee County Domestic Violence Committee. Councilmember Murphy suggested soliciting other volunteers. Mayor Cereceda was concerned with setting a precedent by appointing individuals without the opportunity to solicit other volunteers. Discussion was postponed until a later date. Councilmember Reynolds mentioned the formation of a Traffic Committee and reported that he has a number of individuals who have expressed an interest in serving. Mayor Cereceda said she does not want to exclude people who live off island, but who have an interest in the town's welfare. Councilmember Murphy was in agreement with this concept. Following discussion, Mayor Cereceda suggested postponing the discussion until the workshop on Council policies and procedures. Item #12. Town Attorney Report. Interim Attorney Roosa presented two draft ordinances establishing a Local Planning Agency (LPA) for the town. Both ordinances propose a seven member volunteer board with staggered three year terms. Attorney Roosa explained that the differences between the two ordinances was with the functions, powers and duties sections. Following discussion, there was Council consensus to approve Draft #1 which included more detailed specifications of the function, powers and duties of the LPA. Item #13. Town Manager Report. Acting Town Manager Mills announced that tonight would be his last meeting and noted how much he enjoyed and appreciated the opportunity to work with the newly created town. Mayor Cereceda to attend a City of Sanibel Council meeting on behalf of the Town to express appreciation for all the help given to them in the past few months. Item #14. Discussion Regarding the Agenda for the February 12, 1996 Town Council Meeting. The Agenda discussion was postponed until tomorrow's meeting when Interim Town Manager Segal-George will be present. Vice Mayor FitzSimons announced that Wayne Daltry of the Southwest Florida Regional Planning Council will be present at the February 16 Council workshop. Item #15. Public Comments and Inquiries. Harold Huber, coordinator for new Town Hall office, reported that he has purchased chairs for the office. He also advised that he has met with the contractor and Mike DeCaito who handles the bank properties regarding office alterations. Mr. DeCaito advised that the bank has used office furniture available that the town could use if they desire to do so. Telephones will be installed on Wednesday. The new Town Hall number is (941) 765-0202, FAX 765-0909. Sandy Suter stated that the town should have some control over building and urged Council to move toward a moratorium as outlined by Vice Mayor FitzSimons. Carlton Ryffel commented that the moratorium issue was not handled properly, that it should have been widely publicized and suggested that this issue be addressed again. Mayor Cereceda reminded the public that this is only a proposal for Council discussion and that if Council decides to move forward with the moratorium public hearings will be held. Flip Harby was concerned with where the town is headed and expressed opposition to any moratorium on Fort Myers Beach. Jane Draper noted her support for the proposed ordinance that would prioritize the Land Use Plan and said that the town needs to determine the extent of permits that are outstanding and get town planning in order. Al Van Horn spoke on behalf of the proposed moratorium. He feels that development of this plan is a high priority and Council should move forward with this. Drew Drake voiced opposition to the proposed moratorium stating that it appears to be a preamble to the "no growth issue" and is challenging the building permits that are outstanding in the community. He further stated that the town should be ready to fight the legal battles that will be forthcoming due to this proposal. Pat Loffreno also expressed his concern regarding the moratorium and feels Town Council should rely on the fact that the people do not want this. Mr. Loffreno also brought up the traffic situation on San Carlos Boulevard. Beverly Grady addressed the moratorium issue and questioned when and how the public will be able to participate in the process. Mayor Cereceda advised that the workshop is for Council's education only and not for public input. The public will have input at a later date during the public hearings. Mayor Cereceda read a letter into the record from Al Knowley who expressed his support for the moratorium in order to adopt a proper land use plan for the town. Item #16. Adjournment. With no further business to come before Town Council, the meeting adjourned at 9:30 P.M. Respectfully submitted, William A. Mills Acting Town Manager