I CALL TO ORDER

The meeting was opened at 6:40 P.M. by Ted Fitzsimons, Vice Mayor, with a pledge of the allegiance to the flag followed by a prayer.

Present at the meeting were: Ted Fizsimons, Vice Mayor and Council Member; Marsha Segal-George, Interim Manager; Attorney Richard Roosa, and Council Members Rusty Isler, Ray Murphy, and Garr Reynolds. Mayor Anita T. Cereceda was unable to attend the meeting.

II READING AND DISPOSAL OF UNAPPROVED MINUTES

Motion: Made by Ray Murphy and seconded by Rusty Isler to accept the minutes of the meetings of January 29, February 2, February 6 and February 12. Passed unanimously.

III PUBLIC COMMENTS AND INQUIRIES

A. Bill Whittaker

Mr. Whittaker identified himself as a business owner on Fort Myers Beach for 18 years, and a property owner and taxpayer for 17 years on the Beach. He stated that everything that was important to him was on the Beach, but that it was his understanding that because he didn't live on the island he was not qualified to serve on the Fort Myers Beach Town Council or on the committees, while a one-year resident who did not pay taxes could serve.

Ted Fitzsimons stated that the town had not yet established a policy of eligibility.

IV PRESENTATION BY MR. LOUIS G. MACRI, DIRECTOR,

LEE COUNTY DIVISION OF MANAGEMENT INFORMATION SERVICES

Mr. Macri, with some assistance from Mr. Bill Hammond, also of MIS, explained the services that MIS can offer the new town of Fort Myers Beach. Mr. Macri said that as we started looking at our coordination needs for the city, he would like to offer their MIS systems to help us get started. They can give the town direction in purchases of PC equipment, knowing that there will be a lot of communication between the town and Lee County. They can help us set it up and get started. They can supply the technical assistance we will need.

Some of the things we can expect to be involved with are:

a. getting property records

b. dealing with county attorneys

c. other organizations; the CRA

Mr. Macri said he would like to explore our needs in a workshop.

Mr. Roosa advised that the planning department downtown has a system on their computers that draws out a picture of the property you are looking at, the zoning. Will that system be available? he wanted to know. Technically, it can be done, Mr. Macri advised.

Could we teleprocess data into the system downtown? Mr. Fitzsimons asked. Mr. Macri advised that if we used the same computer software as the county uses, which is Word Perfect, we could teleprocess information to them and from them.

Rusty Isler wished to know if interoffice communication required dealing with a lot of different people in the county, for instance, someone in the planning department, someone else in payroll. He was advised by Mr. Macri that the Clerk of Court, Charlie Green, takes care of payroll and that MIS has nothing to do with that. However, they do have the configurations for the other services.

With computer hookups, could we pull up most of the county programs and review them from our office? Garr Reynolds inquired. Mr. Macri replied, If you are going to be looking at property, you can go through the hookup and look at property records, look at zoning issues, etc., and you can print them up at your office. He advised that even though there are different constitutional offices in the county, they were all linked together.

If we don't need full-day access, can that be adjusted? Mr. Reynolds asked.

Mr. Macri saId it was up to us.

Rusty Isler inquired about pricing and Mr. Macri advised they charge out all services and that this is a direct charge system. The costs will be based upon our needs.

Mr. Fitzsimons wanted to know how flexible the system would be. He was advised that they can be very flexible since our needs aren't known yet. They can set up the system for six months with a 30-day out or a 60-day out.

Do you provide the equipment, too, or do you put your program on existing equipment? Mr. Isler asked. He was told they do a little bit of both. Most people who are buying PCs pay for them directly. MIS will do the configurations and set up, however.

V CONSIDERATION OF A RESOLUTION ESTABLISHING

THE TOWN TRAFFIC ADVISORY COMMITTEE

A. Providing Qualifications of Members

Marsha Segal-George read a memo to the Town of Fort Myers Beach from ATC. The memo stressed that candidates for the committee should not be restricted to Estero Island residents, but instead should be chosen on the basis of their qualifications. "Let us not be foolish enough to believe that only we know what is best." Mr. Roosa said that he disagrees strongly with this thinking, that he feels that Fort Myers Beach's traffic problem is their own problem, and that any committees here should be manned by people from this community. Everyone should be welcome to attend the committee meetings and give input, but when it comes down to making decisions within that committee on what needs to be done, he feels that the voting privilege belongs only to island residents who pay taxes. He does not feel that this is unfair, unreasonable or uncommon. He believes that all towns feel the same way. Ray Murphy said he doesn't feel that anyone off the island would be interested in being on a Fort Myers Beach traffic committee, but if they had a vested interest in it, they should be given an application along with island residents and serve in an advisory capacity.

There are more people who are taxpayers in this community who are non-residents than are residents, according to Ted Fitzsimons. So the taxpayer member of this community, whether it is a business taxpayer or a resident taxpayer, is a very significant element of this community. Mr. Fitzsimon's personal inclination is to delay formalizing a traffic committee and to actively promote the activity of the previous traffic committee that has existed until we see it not performing or providing input to us. We should also recognize that they would now have a different environment to work under.

Mr. Roosa said that one of the greatest resources we have in this community are our volunteers. If you were to develop a comprehensive plan using only paid personnel, it would cost you a fortune. He feels that a committee is the way to go and that if you don't formalize and identify that committee you would be missing the boat, missing the opportunity to get some talent and effort from people that you otherwise would not get. As far as committee members being residents of the island, certainly that is a proper, legal classification and you are required to be a resident voter of the island or you can't be on the town council. However, if you wanted to expand committee membership to include people with business interests on the island, or in the alternative property owners, Mr. Roosa feels that would also be valid.

B. Purpose and Scope

Attorney Dick Roosa said that he thought the most important thing when considering a resolution is the purpose and scope of it. Committee members should know what their area of responsibility is.

Ted Fitzsimons said that your objective would be that every time you send your committee out to identify the traffic problems, to propose a plan of action to address these problems. Many of the traffic problems that we deal with in our town are offshoots of traffic situations that exist around us. To what degree would our purpose and scope in Section III of the Resolution limit us in any of those aspects, or does it not? Mr. Fitzsimons asked. Mr. Roosa replied that he didn't think we would be limited in our efforts.

Do we have a parameter for deciding whether to make a committee, and if we do, is the traffic problem one of the things that needs to have a dedicated committee? Mr. Isler asked. How did we decide that this needed to be a formal committee? Is it going to do us some good, accomplish something? A land use plan is mandatory but not a traffic committee. Mr. Roosa answered that he felt the issue of a committee depended on the desires of the council. It would seem to me, he said, if you ever needed a committee for anything, you would need a committee to address the traffic problem and come to the council and give recommendations. Committee people should be working for you to save you time in solving problems. You identify the problem, and when it is a problem that is too big ... then it is appropriate for a committee.

Should it be a formalized committee established by resolution of the town council, Ted Fitzsimons wanted to know, or can we get away with having the committee exist with a liaison person from the town council as a communicator between the committee and the town council, thereby removing some constrictions and restrictions? We are trying to be small and bare bones, according to Rusty Isler, and he doesn't feel we need a formal committee. We've had an informal committee that has done a good job. Why formalize the process? What's wrong with the way it has been done?

Garr Reynolds feels that we would move faster with a formalized committee but would go along with whatever the council wants.

Marsha Segal-George feels we should have a standing invitation to any groups that have traffic committees. In this way we could see what the hot issues are and how we want the committee to operate, be better able to address our priority lists. She asked the council to consider a workshop to brainstorm the traffic problem. Discussion ensued on which groups should attend the workshop.

VII PUBLIC HEARING AND FIRST READING OF AN ORDINANCE

ESTABLISHING THE TOWN LOCAL PLANNING AGENCY

The state says we have to have a local planning agency and this ordinance would establish that, Ted Fitzsimons said. It is also required by statutory law that there is a formal reading of the heading of the ordinance:

This will be identified as Ordinance 96-02, an Ordinance

Establishing the Town Local Planning Agency, Providing

Authority; Agency Established; Composition and

Appointment; Qualifications of Members; Purpose and

Scope; Member's Term and Vacancies; Forfeiture of

Office; Compensation of Members; Election of Officers;

Duties of Officers; Clerk; Rule and Procedures;

Employment of Staff and Experts; Reimbursed Expenses;

Supervision of Staff; Functions, Powers and Duties;

Cooperation with LPA; Severability and Effective Date.

The draft that we have of this ordinance is eight pages, Mr. Fitzsimons advised. It will be available at the library.

Mr. Isler noted that it said that the town council will select the seven members. What criteria are we going to use in the selection to see that the community as a whole is represented? he wanted to know.

Mr. Fitzsimons said he is assuming they will select applicants from letters and resumes they submitted. Mr. Roosa advised that usually notices are posted that applicants can apply. Each council member could select an applicant and then two could be elected generally. Or collectively, you could appoint all seven of them. It was noted that the county commissioners each select one applicant. The town, which has only five members on the council and not seven like the county commissioners, would rotate two of the applicants.

It was established that it is a statutory requirement that the applicants must be town residents.

Members will be appointed to fill a vacancy between now and January, but the first full year begins in January when there will be new appointees or reappointees.

The town manager is the Clerk of the LPA.

March 11 will be the second reading of this proposed ordinance.

Mr. Roosa advised that the town council is the present local planning agency but that the ordinance will delegate their involvement to a new local planning agency. There is nothing wrong with getting it going as quickly as possible and letting people know that it is time to apply, Mr. Roosa noted.

Comments were requested from the audience regarding the proposed ordinance.

Robert Gaydos advised that he had sent in a resume when a notice was placed in the paper asking for applicants to an advisory board committee.

VIII COUNCIL MEMBERS' ITEMS AND REPORTS

A. Ordinance

Mr. Roosa was asked by Mr. Reynolds if he had heard anything more about the ordinance enforcement of . Mr. Roosa replied that the county attorney had recommended that the town council request that the county commission adopt an ordinance including Fort Myers Beach as part of the area covered by the ordinance and they had agreed to disagree. The county attorney said that the ordinances no longer applied because we have incorporated and Mr. Roosa says they still apply. The county commission is not likely to go against their attorney, so the result will be that we'll end up going before a judge. Rather than go through litigation which requires a minimum of 45 days, and even if we could get that accelerated there would be the expense of a litigation and the time involved, he has told me that the ordinance would be very simple and straightforward and would just say that the following ordinance applies to the town of Fort Myers Beach. With that kind of language, I don't see how we could go wrong. He would like for the town council to request the county commission to adopt such an ordinance.

Motion: Made by Garr Reynolds and seconded by Ted Fitzsimons that Mr. Roosa follow through on the ordinance and supply whatever it needs to satisfy the county attorney and the commissioners. Passed unanimously.

Mr. Roosa advised that the county attorney had promised to accelerate the ordinance, give it priority.

B. Acknowledging Letters

Ted Fitzsimons asked what the procedure was when people wrote letters to the council. Mrs. Segal-George said she waited for input from the council before trying to answer a letter, unless it was a routine one. Mr. Fitzsimons said he didn't think it was their responsibility to advise people on financial planning or purchases. We should acknowledge that we have received a writer's letter, however.

C. Sea Turtle Ordinance 89-09

Garr Reynolds stated that we have been asked to please adopt this Lee County ordinance regarding sea turtle regulations. The sea turtle season is from May 1 to October 31. He asked Mr. Roosa if they could adopt the ordinance as it is or if they needed to make any changes.

D. Incinerator Assessment

Mr. Reynolds also noted that some businesses on the island are being assessed for the incinerator. He would like to know more about it, that it was something they should look into. Marsha said the town might want to go the same way that Sanibel has. Mr. Roosa said the way it was explained to him was that this was an extra assessment beyond the regular bill.

E. Millage Rates

The appraiser will be coming up with some millage rates that will take effect before October 1 and they might want to get a handle on that and see if the town has anything to do with that, Mr. Reynolds stated.

F. Town Attorney at Workshops

It was debated whether or not the attorney needed to attend workshops. Mr. Roosa said that it would be better for him if he did not have to attend the workshops, but he feels that it is important for the council to have an attorney present anytime they meet. An emergency situation could come up where they would want to enact an ordinance, or there may be some legal issues they might want to address. But if the council feels they would rather meet without him, he would have no problem with that. He feels that he could get the information he needs from the minutes. However, weak links in your armor are issues that ultimately show up in litigation. In Cape Coral, the attorney does not attend most of the workshops. However, 90% of the workshops are held by their staff members and the attorneys are right there in the building (they have three), so all they have to do is pick up the phone and call one. Mr. Roosa said he would be available by phone if he didn't attend the workshops.

Motion: Made by Ted Fitzsimons and seconded by Rusty Isler to recommend to Attorney Roosa that his attendance at workshops would not be a requirement of the council. Passed unanimously.

Whenever they feel he is needed at a workshop, the council will so advise Mr. Roosa.

G. A Poll on the Issue of the Moratorium

Marsha Segal-George read from Anita T. Cereceda's memo that she recommends to the town council that they conduct an informal poll among the people of the community regarding their views on the moratorium. Rusty Isler said he didn't like the idea. Garr Reynolds didn't see any need for one nor did he feel it would prove anything. Ray Murphy didn't care for the idea either.

H. Bay Development Concerns

Mr. Fitzsimon's advised that he has heard there is an organization forming on the other side of the bay about the bay's level of development, particularly in the watersheds. The entire coast of the bay from the Imperial River to the Estero River is now privately owned and it looks like public access to the bay north of the Estero River is going fast too. There are some people in the Pelican Landing area who are trying to organize a coalition of groups and organizations around the county to get the county's attention focused on the water quality of the bay. Significant people are giving their support, like Bill Hammond, the environmentalist, who is strenuously supporting an item to be on the referendum this November requesting that people support a millage to acquire land for conservation purposes throughout the county. Bill Hammond was involved in the Cypress Slough acquisition, which was very successful.

I. Manager's Items and Reports

1. We got our first check from the state today, Marsha Segal-George reported. The check is in the amount of $8,000.

2. We now have the compilation figures from the university. Our application has been accepted and we're in.

3. We need to get rolling on the local gas tax allocation. There is a statutory allocation or you can negotiate. We should approach the county commission for input.

4. On the agenda of the county commission for Wednesday is the pool funds. They plan on moving the funds to unallocated. Marsha and the Mayor plan to attend the Wednesday meeting and address two things with them:

a. that the pool funds not be transferred until the council meets with them and discuss the larger issue of all of these funds;

b. to personally ask the county commission to hold a meeting with the town council.

5. There is a need to hire an administrative assistant and a clerk for the manager's office. They are presently being assisted by volunteers and a recording clerk from Kelly Services. Someone is needed in the office from 8:30 A.M. to 5:00 P.M. Ted Fitzsimon's told Mrs. Segal-George that she would have to tell the council what she needs to get the job done. Ray Murphy and Garr Reynolds said she should prepare a report on what the duties of an assistant town manager should be, what would be the salary requirements. The assistant should be computer literate. Mrs. Segal-George definitely needs help with the phones. Last week there were about 30 calls a day.

6. Mrs. Segal-George asked for suggestions for workshops. Suggested workshops were:

1. public records

2. budget

3. taxes

4. meet with county commissioners

7. Need purchase approval on:

1. advertising, copying

2. folding chairs

3. remodeling of the town hall

4. installation of a locked mail box at the ramp entrance, 20"long and 15" tall, with a slot of 1-3/4". It would be postmaster approved.

5. conference table and chairs

Spent on furniture to date:

1. two tables at $39.95 each

2. 33 chairs at $16.50 per chair

From the county warehouse they have gotten the following:

1. five desks

2. a podium

3. map racks

4. bookcases

Motion: Made by Ray Murphy and seconded by Rusty Isler to approve payment of the current bills and also the three proposed items. Unanimous approval.

Discussed was the advisability of eliminating the post office box. Also discussed regarding the remodeling was creating an office for Marsha that is 10'x17' and getting the meeting room capacity up from 76' to 90'. Paper and carpeting inside the rooms are part of the bid, but carpeting and paper outside the offices are extra. Marsha was thanked for doing a fantastic job.

8. The meeting for Monday, March 4, will be held at St. Raphael's Church again, at 6:30 P.M. The following Monday, March 11, they will hopefully meet at the Town Hall in NationsBank at 6:30 P.M. They have been prevented from meeting at NationsBank because of the handicap access which isn't available to them until the bank closes at 4:00 P.M.

J. County Attorney Items

1. Reported by Attorney Roosa was that he had received a letter from David Owen with regard to continuation of the services for road repairs and building responsibility. Mr. Owen said that rather than doing it the way we have in the past, he would prefer that we do it by interlocal agreement. He will get back to Mr. Roosa as soon as the staff has reviewed this.

2. Two letters were received by Mr. Roosa from Attorney Bigelow with regard to the two lawsuits that he has filed. One lawsuit regarded legal issues as to whether or not it is appropriate for the hearing officer to have a view. The facts of the case were such that the hearing office went out to the property and made an inspection of the property and came to a factual conclusion as a result of that inspection. The legal question is whether it is proper for a hearing officer to do that without having all the parties present. In a court of law it is pretty clear that that would not be appropriate because both the plaintiff and the defendant should have the right to point out to the judge the conditions that would be most favorable for their position. In any event, what he's proposing is that because that was so prejudicial, the appropriate thing would be for us to agree to have a rehearing with the town council.

The other case, dealing with Mr. Shenko versus the County, has to do with sending out notices to property owners stating that if you have an objection, you can send your objection to the hearing examiner. Then at the hearing, the hearing examiner refused to consider the objections because they don't meet the requirements of competent and substantial evidence. His position is that there is a defect in the hearing and again he offers the solution that the easy way to resolve this without a lot of expense would be for you to rehear that case. Attorney Roosa said he had talked to the county attorney on this second case, and there is a county decision on this very point, the defect in the notice, and the circuit judge in Lee County has ruled that that's not a proper defect, it did not invalidate the proceedings.

In either event, Mr. Roosa said, it seems there are some procedural issues that need to be resolved in these cases before we get to the merits of the case. But because of an offer of settlement, what he would like for the council to do is just assume the authority and say you will rehear these cases. That's not my recommendation because ... whatever we do, we should be protected by an order of the judge. And there are other parties involved in this litigation at this stage, or at least they are attempting to intervene. So it would be my recommendation that we not take any action until those issues are resolved and some of the more serious procedural issues that are involved, some that may never let the judge get to the merits of the case. But I am obligated to bring any offer of settlement. By the way, as Tom Pritt explained to you, if we wanted to have a meeting on strategy or if we wanted a meeting with regard to settlement of litigation, that could be done in an executive session.

Mr. Bigelow suggested that I might want to do that, but I said I had no objection to him being in attendance and listening to everything that I had to say; that I didn't see any point to our discussing this in private because I don't see any issue that needs to be discussed in private. My recommendation to you would be to take no action on that, but I present it to you for your consideration. He's asking us to agree to rehear these cases without the legal issues involved. The property owners involved have filed a motion to intervene and I have consented to their intervention. I don't think it is proper for you, the town council, to rehear these cases without hearing what the judge has to say. It seems to me that the first thing we ought to do is at least have one hearing before the judge to resolve who the parties are and to resolve the legal issues. There are some procedural issues that the county has raised in the two other lawsuits that were filed that may well resolve these cases. And there is a legal issue that I have regarding our town charter and its effect on adopting the interim plan ... I think the judge may well rule that it's not proper for these actions to be filed. Once you file a lawsuit, I think, at least initially, it should be determined that it's proper that we go to court.

K. Public Comments and Inquiries

1. Elizabeth Tomasi asked who had jurisdiction over the streets. From Palm Avenue up to Ohio was boarded off today, she supposed because of the construction of the convention center. Cars were not allowed to park on the left hand side of the street as they always have. Access to the Estero Island Beach Club was not allowed. Does the town have jurisdiction or is it still the jurisdiction of the county?

As of today, Attorney Roosa replied, the town has jurisdiction. However, we have delegated that authority to the county because we have already paid the taxes. When your tax bill went out, you paid the county to perform that service. That's just for this year? Mr. Roosa was asked, and he replied, yes.

2. Tom Baker advised that a sign had been put up on Furrow Street last week stating "Private Property, No Public Access." Mr. Baker said he didn't know who put the sign up and he feels it is an invasion of their rights. When the condo Surf Song was built, the variance that was given to allow it to build to the edge of the street also stated that there would never be restrictions to the beach. Somebody was stopping people and telling them they couldn't go through. Mr. Baker tried to get names, but no one would volunteer names.

Another matter brought up by Mr. Baker was Bridge Restaurant noise. His family couldn't hold a birthday party because of the noise coming across the bay from Bridge Restaurant. It happened last week and the weekend before. Mr. Baker feels it is time something is done to stop this. If he only has to call the sheriff, he will do so.

A third matter is with respect to Times Square and the CRA. He has looked at all the CRA classifications and thinks they are very nice. Access has been restricted and there is only room for one semi to go through. He feels that if traffic were restricted immediately to certain hours of the day, as in some other cities he has visited, it would be of great benefit to all the sub contractors.

Mr. Fitzsimons said that as a member of the CRA, he knows that for years the timing of deliveries has been a discussion item, especially when the Times Square area is being used as a pedestrian mall. Nothing, however, was ever resolved by the CRA local committee and perhaps it should be passed on to them for their further evaluation.

3. Another resident advised that the "Jet Ski" ordinance was an incorrect term and that the ordinance covered all water craft.

4. In answer to a question posed by resident Don Sadler, Garr Reynolds explained that as spelled out in their charter, the town manager does the hiring of staff with the approval of the council.

5. Elizabeth Tomasi complained about the noise generated by the bicycle shop on her street. Garr Reynolds told her that the Sheriff's Office are the enforcers and she should go to them with any complaints.

IX ADJOURNMENT

Ted Fitzsimons adjourned the meeting at 9:45 P.M.

Respectfully submitted,

Lorraine Calhoun

Recording Secretary