I CALL TO ORDER

The meeting was opened on Monday, March 4, 1996, at 6:30 P.M. by Anita T. Cereceda, Mayor, with a pledge of the allegiance to the flag followed by a prayer.

Present at the meeting were: Anita T. Cereceda, Mayor and Council Member; 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.

II READING AND DISPOSAL OF UNAPPROVED MINUTES

Corrections to Minutes of February 9:

Mr. Bigelow is incorrectly shown as the Lee County Hearing Examiner on the first page.

On page 6, second paragraph, the Civic Association is not the Lee Civic Association but the Fort Myers Beach Civic Association.

On the top line of page 11, the name of Charles Murphy should be shown as Ray Murphy.

On page 16, the name of Ray Isler should read Rusty Isler.

Wherever the name of Garth Reynolds appears in the minutes, it should be changed to Garr Reynolds.

Motion: Made by Ray Murphy and seconded by Rusty Isler to accept the minutes of the meetings of February 9 with the corrections noted. Passed unanimously.

Corrections to Minutes of February 16, 1996

The attendance on page 1 incorrectly shows that Ted Fitzsimons was present at the workshop.

Motion: Made by Ted Fitzsimons and seconded by Rusty Isler to accept the minutes of the workshop meeting of February 16 with the correction noted. Passed unanimously.

Motion: Made by Ray Murphy and seconded by Garr Reynolds to accept the minutes of February 23, 1996. Passed unanimously.

III PUBLIC COMMENTS AND INQUIRIES

A. Al Van Horn

Mr. Van Horn opened his remarks by saying he has been amazed at the negative scare tactics regarding this moratorium that is magnified by the uninformed media. He said that the most succinct, sensible and rational letter in the local public forum was the one that stated: "Does it make sense to authorize land usage without analyzing what effect it would have on the entire population of our island?" Of course not, Mr. Van Horn said, and that he would add the time to be able to project seasonal and permanent population trends to determine the impact on our infrastructure, to designate densities and intensities of future development, to financially plan to provide for public services and that infrastructure. A moratorium, Mr. Van Horn feels, would enable these studies to be properly developed. It is a proven fact that business sectors generate more traffic than residential, ergo, increased intensity equals more traffic. It is not true that the council's control over rezoning requests automatically gives you authority over limiting all zoning. Rezoning may not be a criterium for building

more than a one or two family home. And where is it written in the county's land use plan that all the buildings cannot be replaced by a high rise or an available lo? It

happened with Diamond Head. How many more Diamond Heads may evolve? And this won't change our island's ambience?

Mr. Van Horn sees all the dire, predicted legal challenges coming from the same sources that are claiming that developable acreage is limited and the island is built out. He finds their views contradictory. He questions why these negative concerns have only surfaced since the proposed ordinance was introduced and wonders what they are afraid of. Don't be swayed by emotions and press, he urges the council. Look at the logical, rational reasoning of your limited moratorium with its adequate exemptions. Approve the ordinance now and allow for the open hearings before the public that you are elected to serve.

B. Carleton Ryffel

Mr. Ryffel stated he is giving the Town Manager copies of all the written materials he had distributed to everyone in attendance at the meeting. Mr. Ryffel then put exhibits up on the stage. He emphasized that he was speaking as a resident and that the information he was providing was done at his own expense -- about $10,000 worth of his time.

The information provided is entitled "Summary Fact Sheet," "Summary of Moratorium Questions and Answers," "Is a Moratorium Necessary on Fort Myers Beach?" He explained his color-coded map exhibits, to the audience. Counting all the lots, he stated he has come up with 116 residential vacant lots and 137 duplex lots. A total of 390 vacant lots could be single family or duplex lots. The undeveloped base commercial land, he stated, comes to 3.7 acres and it is all in one place. Commercial and residential development is roughly half and half. Mr. Ryffel said he would have a difficult time in saying that single-family duplexes should be included in the moratorium.

There are various kinds of moratoriums, Mr. Ryffel explained. The easiest kind is the water-sewer moratorium. In order of difficulty, the zoning moratorium is the next hardest, followed by the development moratorium, then development building firm, with building firm the hardest of all.

One of the main concerns, according to Mr. Ryffel, is the fear of undeveloped C-1 lots being redeveloped into something else. There are properties that have one strap number but more than one lot.

The state has two kinds of setback lines. One of them is basically on Estero Blvd. Before you can build beyond that line, you have to get a state variance and meet certain standards. Then there is a line referred to as the 88 line, which refers to the year 1988, but the line was actually produced in the mid-70s. That is a line of prohibition and you cannot build beyond it. Where you see the back walls of the houses along the beach, that is where the line is. In that particular area you have Estero Blvd., then you've got a frontage road back in there, like an alley, and you've got the depth of a house. It's about 50 feet. You can't develop anything on that. If you put a business on the property, you would have no room to put the required five parking spaces.

Mr. Ryffel read from his handout, "Summary of Moratorium Questions and Answers," which contains some of the material outlined above as to undeveloped lots and acreage in the town. Other questions are the following:

Is this type of moratorium being proposed difficult to have sustained in the courts? to which he answers, yes.

When Sanibel voted for incorporation did the citizens know that a vote for incorporation was a vote for a moratorium? Yes.

Could the amount of land zoned C-1 which is currently occupied by cottages be reasonably assembled to create a major commercial project? No. Of approximately 5.3 acres of land in this category, about two acres could be reasonably used. Coastal construction lines, setbacks, parking pretty much exclude this possibility. Any necessary variances would have to be approved by the Town Council.

Could there be another Diamond Head? The zoning rules have changed since Diamond Head was approved. Any new similar use would have to be approved by this Town Council.

What were the legal costs to Sanibel to have a moratorium, prepare the plan and defend it? About 3.3 million.

Assuming the property had gone through the CPD or Commercial Planned Development process and some form of development order on the property, which means that a property is vested, what big changes would a new comprehensive plan have on the island? Very little other than cosmetic, because the island is essentially built up. The extreme, if not impossible, task of assembling land at the larger tract is not a likely scenario.

Would a moratorium on just zoning be desirable? It is not necessary because the Town Council already has the authority to approve or deny rezoning. They did it last month.

Has there been a public outcry for the need for a moratorium? No.

Why would a moratorium be inappropriate or harmful? The following reasons are given:

a. The facts do not support the need for a moratorium.

b. There is no need for a moratorium and there is no public mandate for one.

c. Government experts (referring to the ones who were at the public workshop a couple of weeks ago from Sanibel and the region) have indicated that a moratorium is questionable at best. It will create economic instability. Mr. Ryffel said that he would refer that to the single-family and the duplex scenario because in his opinion, they would have to be included. And now is the time to build because of the interest rates.

d. The impact of a moratorium would be felt across the board.

Mr. Ryffel compared the moratorium to seeing a beautiful house only from the street, buying it, and then finding out it is only a movie facade with nothing inside. You will spend a lot of money for nothing. Then you will spend the rest of the time grieving over that million dollars that you spent. I am asking the Council to put this thing to bed tonight, he said. It is a waste of time and effort and is causing anxiety in the community. If anyone wants to discuss the matter with him, he will be glad to go into detail.

C. Dr. Joe Croker

Dr. Croker identified himself as a 7-year resident of Fort Myers Beach. He expressed his personal views on the proposed moratorium in rhyme:

I once watched them tear a building down,

It was a group of men in a little town.

And with a ho, heave ho they gave a yell,

They swung a beam and a sidewall fell.

So I asked the foreman, "Are these men skilled,

The kind you'd hire if you wanted to build?"

"Why these folks here, no indeed,

Common labor is all I need,

For I can destroy in a day or two

What it takes a community years to do."

And I said to myself as I walked away,

"Which of these roles do I want to play?

Am I a builder who works with care,

Measuring life with a rule and a square?

Do I start each day with a well-laid plan

And carefully doing the best I can?

Or am I a wrecker who walks about town

Content with the business of tearing down?"

And that's my question to each of you tonight, Dr. Croker said. What role do you want to play? The part of a builder to build this community into something we can all be proud and happy of, or to be a wrecker and virtually destroy the community because of costs. He asked that everyone envision the town of Fort Myers Beach 10, 15, 20 years down the road as a community filled with peace, harmony and love, then one filled with indentured servants encumbered by exorbitant property tax bills to pay off legal costs for prior bad decision making. Kill this moratorium initiative tonight, he declared, by taking it off the table, then refocus your collective attentions and your energies on making Fort Myers Beach a good place to live and in which to make a living. For this truly is our destiny.

D. John Naylor

Mr. Naylor introduced himself as the general manager of the Pink Shell Resort, which was purchased in 1988 and since 1984 has had a very comprehensive land use plan that was approved by the county. They have continued to implement the plan over the years, Mr. Naylor stated, and their development has been very controlled and very regulated as to what they can and cannot do by what was worked out with the county back in 1984. Their company is not an uncontrolled developer. They wish to continue to develop. They think that imposing a mortatorium on permitting or development orders that are already in place is punitive. They feel they have been a good corporate citizen. They pay a lot of money in real estate taxes, hire a lot of people who turn that money back into the community. They are sensitive to the environment and have received awards in this respect. Mr. Naylor said he would ask that the Council weigh their decisions to the overall economic benefit of the island. They, too, are concerned about overdevelopment, overgrowth.

E. Jack Henricksen

Mr. Henricksen has been a property owner on the island for 15 years and has lived here for about one and a half years. He recommends that the Council get the moratorium up for a hearing. He stated: If any one of you individually ever hoped that you could influence the uncontrolled density, traffic, parking, intrusion on residential property, then I think you can make it a lot easier for yourself. Lee County committed to do that in 1992 on Policy 18.2.1 and never fulfilled their commitment. Without a moratorium, I believe you will be constantly hassled for zoning and permits with no appropriate fair, consistent ground rules because they don't exist. A better plan has the moratorium and expedites your own land use plan. Even a short one, completed in a year or less, would be better than what we have. Without a moratorium, I believe you will be hassled to death for zoning and permit requests without having logical, efficient, effective, consistent ground rules of your own, because there is lots of evidence that they don't exist. The 1992 commitment wasn't fulfilled and look at the variances and the exceptions that have been passed in the meantime.

F. Julie Hisey

Mrs. Hisey said she and her husband own Hisey Construction Marine Contracts on the island. She said they don't feel the moratorium will have a lot of effect on their business, but their phone has been ringing off the wall with calls from people worried that they won't be able to carry out some of the things they moved here for, fix their seawalls or install a boatlift for the new boat they just bought. In the worst case scenario, they would be forced to move their business up river and they would be taking a lot of business with them. Marine construction is a highly specialized field requiring training and a state license. A lot of their work is encouraged by the state of Florida and the Department of Environmental Protection. People are now trying to tear out their seawalls to encourage sea turtle nesting. Mrs. Hisey is opposed to the moratorium on principal and thinks everything should be done to encourage tasteful growth on Fort Myers Beach. If someone is willing to come in and fix up what they have, improve their property, she thinks everything should be done to encourage that and to help them through that process instead of making it so complicated and hard for the average taxpayer.

G. Robert Keene

An 11-year-resident and voter, Mr. Keene advised that of the 91% of the 294 permanent and part-time residents on Estero Island that were reached, 11% said yes to the proposal for a limited moratorium request by Council Member Ted Fitzsimons. A poll by the Beach Civic Association attempted to reach 540 people and did reach 341. There were 17 negative responses, or 6%, and eight people, or 3%, were undecided. There is overwhelming support of those who live here and are concerned with the life here for the proposal. These people will support and applaud a positive decision. Permitting one and two family residence building, making allowance for real hardship, proceeding with already granted development orders, and holding off on zoning variances for commercial purposes until our town's land use plan is in force is a sensible, conservative approach.

H. Flip Harby

Mr. Harby first thanked the Council for taking time to speak to him earlier. He is against the moratorium. He advised he saw no negative signs as he surveyed the island, such as "priced to sell quickly." He saw one C-1 zoned piece of property across from Diamond Head for sale. If you have wild, unrestricted growth,

Mr. Harbey said, a moratorium would be a good idea. If you don't have that, he feels they would be wasting taxpayers' dollars. They have until September until their prepaid tax money runs out.

Mr. Harbey questioned the Council: Do we know how much money all those services are going to be costing us for our October tax bills? Why are you taking on the hearing examiner responsibility when you haven't done the basics. He hasn't heard any dollar monetary figures coming out of anything, workshops or otherwise, as far as the positive interlocal agreements being signed, but yet we've gone to this moratorium. Why a moratorium? Does the Council know something nobody else knows? Is there going to be a massive destruction of many, many structures and get rezoning? Is that legal? Is that why we have to prevent this? No, it is not. The moratorium in its complexity says that we are going to be sued.

Property rights are very valuable now, Mr. Harbey declared, and when you tamper with those values, or say no, we can't do that, that's when we get the exposure of litigation. I don't think this town can afford that, he said. I don't think we need it, and I implore each and every one of you to put it to bed tonight. Make the motion and vote on it to cease any further action on a building moratorium at this time.

I. Josina Nievendyk

Born in the Netherlands, Mrs. Nievendyk stated she was an eight-year resident of the island. When she lived in Europe, Josina said, she saw her country occupied by the gestapo and its citizens denied their rights. She said that the word "moratorium" reminded her of the gestapo and that there shouldn't be a moratorium on this island. She thinks that it is excellent that the Town Council has the right to approve or deny any zoning requests, but she doesn't feel a moratorium is necessary.

J. Ray Martens

Mr. Martens advised the Council that he had moved here in 1988 and had been very lucky, very successful in both in business and lifestyle. He didn't wish to lose either.

The window of opportunity for getting a loan in his business, the restaurant business, is very narrow, Mr. Martens said. It is a high risk field. This year is a unique one in that he has the opportunity to obtain a loan now and he may not be able to next year.

Mr. Martens said he is frustrated with the decisions made by Lee County in the past and with the inequities. He was told he couldn't have entertainment on his roof, but other restaurants were allowed to. We don't need the moratorium,

Mr. Martens told the Council. All we need is for you to be fair and equitable. He says the damage they are trying to prevent with a moratorium has already been done. What is needed, he feels, is people with integrity that are going to oversee the operation of our city. He feels that when Lee County was in charge, people lacked the backbone to do the right thing at the right time. He sees nothing wrong with telling people "no" sometimes.

As far as limiting intensity, Mr. Martens observed, he could tell the Council that he is not going to increase the square footage or the number of seats in his restaurant, but he guarantees he could double the volume of his restaurant by just changing the menu and that would certainly cause an increase in intensity.

K. Bob Gaydos

He owns 1200 feet of real estate on Fort Myers Beach, Mr. Gaydos stated, and no other commercial real estate or investment property. He said he had nothing personally to gain or to lose if a moratorium is effected on Fort Myers Beach. But he also understands the negative ramifications of a moratorium, those that have already happened and those that will happen. We are not bringing the community back together with this discussion of a moratorium. The divide is getting deeper and deeper and deeper and it is going to get worse, not better. He feels that the ramifications of a moratorium far outweigh its one benefit. He addressed Mayor Cereceda by saying he would like to make a motion to object to the consideration of this discussion of a moratorium.

L. Heidi Mihailoff

As a new family, a young family, Mrs. Mihailoff said, we ought to learn to walk before we run. Quite a few of you promised before you were elected that you wanted to unite this community, but you can see that this moratorium does quite the opposite and it will be even more troublesome to all of us.

Ms. Mihailoff said this situation could go out of control. The moratorium, she feels, is a frivolous proposal, totally unnecessary. No benefit could come out of it, especially at the high price it carries. There are ground rules, there are ordinances, and the law exists by which development is controlled and can continue to be controlled. There is a handful of property that can be developed, and then some that should be developed. There are a lot of more important issues in front of this council than this moratorium. I urge you to stop this nonsense, because it does not make any sense. There are no good reasons to impose it on this small, already developed community.

M. David Smith

He is a retired citizen on the Beach and has owned property here for about ten years, Mr. Smith stated. He is not sure whether this moratorium is right or wrong. He was a professional pilot for 39 years and spent a lot of time at O'Hare in a holding pattern, some of it for mechanical reasons. I think we have a little mechanical problem here on the Beach, he declared. As a pilot he consulted with those who could give the best input when mechanical problems arose. He urged that they get the facts from everybody that's available and give this town a year to sort out the problems with a moratorium.

N. Sandy Suter

Mrs. Suter advised that both she and her husband are in real estate on Sanibel and have been for 15 years. The controlled growth, the initial moratorium and the final result has had a very positive effect on the Sanibel community, she stated. She has tried to make this information available to her community here, but there has been a concerted telephone effort to keep her quiet. However, her opinion still stands. She feels we are going in the right direction in this community with the moratorium. We are going to have a planned community, planned growth, and that is the only way we can possibly get sane again. I really urge you to continue in the direction in which you are going, she stated.

O. Pat Lofreino

Mr. Lofreino considers the proposed moratorium to be a dark cloud and unfair. He advises that the development may be delayed but not stopped. Taxpayers will have to foot the bills for any litigations that come about because of the moratorium. Even renters will be affected by rent increases.

P. Mr. Van Duser

A 42-year resident of Fort Myers Beach, Mr. Van Duser said that the population was 750 when he moved here so he guesses he has seen a lot of this uncontrolled growth. He feels the moratorium has divided the island and he is opposed to it because of what he thinks it will mean to them down the road. He is a builder and has trust and faith in the island. He feels there is a better way to handle things. We have a land use plan which we've been told is no good, Mr. Van Duser stated. But it is a good plan and at one point we were told it was the best in the state. It hasn't changed, it is still there. It may need a little bit of modification and I think that can be done on almost an immediate basis. Take both sides and put them together and let them address these issues, come up with a plan they agree with. Don't forget that the people on this island trust you, he told the Council, and I think they are watching very carefully at this point.

IV DISCUSSION BY TOWN COUNCIL

A. Rusty Isler

Mr. Isler said he was quite impressed with the public comments and had not heard any irrational, emotional rantings and ravings. Instead, what he heard was very rational, thought-out decisions whichever side of the moratorium one was on.

Like everyone else, Mr. Isler saId, he would like to see responsible growth and that's one of the reasons he ran. We are all disappointed in the history of the county; they haven't been consistent, he noted. He also remarked: What has done a lot of damage to us has been exceptions and variances. I do not believe a moratorium is the proper tool for where we are at now. I would like to see us push ahead with the comprehensive land use plan, take the one we have now and make it work for us, make it consistent, make it fair, not have exceptions and variances. Opposition has not changed on the moratorium. I do not support it.

B. Ted Fitzsimons

Can I ask a question about the mechanics of what we are doing here tonight? Ted Fitzsimons inquired. I assume that we are analyzing the new language in the draft, is that right?

Attorney Roosa replied he had prepared the new draft with the language to address the discrimination between residential and commercial development

There was also language in the previous draft that our Town Manager had problems with. Has that been resolved to her satisfaction? Mr. Fitzsimons wanted to know and to which Mrs. Segal-George replied, Yes.

On the subject of the moratorium, it is true that we can, we have and we probably will blame Lee County for everything that has happened in the past in this community, Mr. Fitzsimons stated. But that's over now. From here on, we blame ourselves. For the next 100 years this little island community and its destiny will be determined by its own government. I have great difficulty understanding the relationship of an individual, in his desire to spend time, effort and dollars in the nature of $10,000 to convey an opinion to the Town Council on a subject wherein the last time it happened relatively speaking within this county, he agreed that it was successful. He said that the dollars spent by the city of Sanibel in its moratorium were in the multi-millions. What he failed to say was that most of the dollars spent by the city of Sanibel in its initial three and a half years until its plan was in effect was in chasing active, live, issued permits, permits that were already issued by Lee County prior to the incorporation date of the city of Sanibel. In terms of the impact on this town of the cost of litigation, not too many people realize that we have insurance that we pay a healthy premium for, and in that insurance is the provision for protection from litigation. The ordinance that we have in front of us is slightly different from the original draft ordinance; but it does have the same fundamental principle in it, and that is that no one can sue the city of Fort Myers Beach without exhausting the administrative process that is built into the ordinance, and that's the hardship process which is eloquently spelled out.

Section 14 of the Ordinance, Mr. Fitzsimons continued, on the subject of civil action, says: The procedure created by this ordinance is not itself nor does it create a judicial cause of action and is not a substitute for Chapter 95-181 Section 2, Florida Land Use and Environmental Dispute Resolution Act. Once the Town Manager acts on the LPA's recommendation, the owner, meaning the property owner, may elect to file suit in a court of competent jurisdiction. Invoking the procedures of this ordinance is a condition precedent to filing a civil action. You can't go to court unless you've gone through the process of the hardship administrative function that is required by the Ordinance. Therefore, any intended civil action that would be brought against the town would be known by the town and this council as to its nature and its extent very thoroughly prior to its being able to be brought in civil court.

Mr. Fitzsimon's said that some of the figures that have been disclosed here tonight relative to residential dwelling units, do not include residential dwelling units that are presently permitted but yet to be built in this community. A professional firm is going through the files in Lee County right now to come up with a figure for the residential dwelling units based on Lee County's records, which we have been told by Lee County people might or might not be entirely accurate. Builders, developers, and their related supporting functionaries have spent the past 40, 50 years developing this 1600-acre island and apparently plan to continue and at a level wherein they cannot afford a one-year hiatus from the effort, a hiatus which would give the Council and its various committees in the town the time to plan exactly what this town should look like twenty years into the future as well as the mechanisms to achieve that picture and deliver it to the future citizens of this community. A one-year hiatus from all of the years of development and redevelopment which we are experiencing now. As an investment

in the island's future, we can't afford that? I think that it is very sad to say that we can't afford one year.

C. Garr Reynolds

With reference to the draft Moratorium Ordinance, Mr. Reynolds noted items he would like to see corrected. Among them he noted that under Section 8, line 162, it reads The LPA shall hold a hearing with 45 days after his receipt, and he advised it might not be a his or her. It was decided to strike that line out completely.

Mr. Reynolds also noted that some of the things in the document throw a lot of responsibility on the town manager. On page 6, line 265-266, for instance, it reads: This subsection does not prohibit the owner and town manager from entering into an agreement as to permissible use ... Mr. Reynolds feels that this gives too much responsibility to the town manager regarding agreements. Marsha Segal-George said she had requested changes in Section 13 B and C (at the February 16 meeting). The way she understands it now, Mrs. Segal-George said, if the town manager wants to modify the recommendation submitted by the LPA or reject the recommendation, that goes to the town council along with the LPA's recommendation. So the town manager is not making the decision but it would be a recommendation that goes to the council. Attorney Roosa agreed that it would still have to be decided by the Town Council.

Mr. Roosa said the time factor had him concerned in Section 7, line 146. You don't want to unnecessarily delay the property owner but by the same token you do not want to overburden the town manager. Mr. Reynolds said that is why he suggested 30 days instead of 15. The LPA is going to hear this within 45 days, Mr. Roosa pointed out. Mr. Reynolds said he thought that part of it was all right. They agreed to change 15 days to 30 days, as that would still permit an allowance of 15 days before it has to go to the LPA.

In Section 12 under Recommendations, line 273, it reads: Actions or statements of all participants to the LPA proceedings are evidence of an offer to compromise and inadmissible in any proceeding, judicial or administrative.

Mr. Reynolds asked Attorney Roosa to explain the sentence to him. Attorney Roosa said that that avoids any concessions that are made at the hearing to become part of a judicial procedure. That's to protect the town, to allow for a free exchange of ideas without a compromise of whatever the Ordinance would require. On page 7, lines 34, 35, 36, take the whole sentence out begining Once the town manager acts...

D. Ray Murphy

Mr. Murphy identified himself as a licensed real estate broker headquartered down in Naples, Florida. He is not a big developer but makes his living selling other people's real estate. He has no interest in real estate on Estero Island at all. He does own 1200 square feet of real estate here, the condominium he lives in, and owns no other commercial real estate. . He owns no other investment property. Mr. Murphy declared he has nothing personally to gain or to lose if a moratorium is effected on Fort Myers Beach, none whatsoever, but that he also understands the negative ramifications of a moratorium, those that are going to happen if the moratorium comes to fruition and those that have already happened through divisiveness in the community. The ramifications, he stated, far outweigh the benefits he's hearing about a moratorium.

Mr. Murphy declared that at this time he would like to make a motion to object to the consideration of this discussion of a moratorium. Mr. Murphy's motion did not get a second.

A partial summary of Roberts Rules of Order on the subject of such a motion reveals: An objection may be made to the consideration of any original main motion ... Thus it may be applied to petitions and communications ... as well as the resolutions. It cannot be applied to incidental main motions, such as amendments to bylaws .. It is similar to a question of order in that it can be made when another has the floor, and does not require a second. And as the chairman can call the members to order, so he can put this question if he deems it advisable upon his own responsibility. It cannot be debated or amended or have any other subsidiary motion applied to it. It yields to privileged motions ... A negative but not an affirmative vote for consideration may be reconsidered. The object of this motion is ... to enable the assembly to avoid altogether any question which it may deem irrelevant, unprofitable or contentious.

Ted Fitzsimons declared that he objected to Mr. Murphy's motion.

Mr. Roosa said that the problem he has with the motion is the provision in the Charter that says that any council member may introduce an ordinance. So any action that the council takes to deny a council member from introducing an ordinance for a hearing would be in violation of the charter.

Mr. Fitzsimons said, I believe he said resolution, not ordinance.

Mr. Roosa's replied that Robert's Rules of Order do not address ordinances at all.

Mayor Cereceda asked Mr. Murphy to state the purpose of his motion. You don't want any further discussion? she asked. You don't want to hear what I have to say?

Mr. Murphy replied, No, I don't.

Well I don't accept your motion, the Mayor stated.

Mr. Roosa stated that in the Charter in Article 10, Ordinances and Resolutions, Section 10.02, Adoption of Ordinances, Subsection A says: An ordinance may be introduced by any member at any regular or special meeting of the council. The language of the Charter is clear that each of the five of you has the right to introduce any ordinance whatsoever and set it down for public hearing. It only takes one council member even though the four other council members oppose that ordinance.

This will go to public hearing no matter what? Mayor Cereceda wanted to kow.

Mr. Roosa explained that Ted Fitzsimons could withdraw his motion if he saw that the four other council members were against it.

E. Mayor Anita Cereceda

Mayor Cereceda stated that this island was incorporated because people wanted control. She doesn't think anyone wants to overdevelop this island because it doesn't do any of us any good. There have been tremendous mistakes made by Lee County, but to retaliate against Lee County without any thought would be to cut off your nose to spite your face. The Mayor says that she doesn't buy the money argument. There is no price that I wouldn't be willing to pay to guarantee the safety of this island, she said. I don't think it's an issue here. I think it's been a threat. The reality of the situation is that the best decision for our futures has to be made period. Mayor Cereceda then read a statement she had prepared for this meeting which expressed her feelings regarding public reaction to the proposed moratorium and her own reasons for endorsing one. She would recommend, she stated, that we put our local planning agency into place as soon as possible, making that our number one priortiy until they are seated. I then would propose we charge them with the task of addressing all the issues raised by proponents of the moratorium and request that they act as expeditiously as possible in recommending to this council amendments that can be made to the existing plan to enable our planning committee a snapshot for their ultimate planning process. I would suggest that this be accomplished via a vision statement and that this council would then act accordingly to amend where necessary our existing plan. I have been advised by county attorneys that this will essentially accomplish the same end and is possible. It will create for us a snapshot from which to plan. It is my belief that the outcome following this course of action will achieve the goal of effective and efficient planning in a far less divisive manner than the proposed moratorium.

The Mayor said that the minutes have been very helpful in her research and that they were available to read at the Library.

Mayor Cereceda said she consulted with Tim Jones and asked him what we could do to amend the Lee Plan, which he stated was now the Fort Myers Beach Plan, to basically rein it in and eliminate the most fearful portions of it, eliminate any loopholes.

There is a process that requires the Land Development Code to be adjusted to conform with the hierachy of language of the Comprehensive Plan, Mr. Fitzsimons advised. Let's assume that the inherited Land Development Code that we took from Lee County does presently conform to the Lee County Land Use Plan. If we change something in the Comp Plan then we've got to go in and adjust the language of the Land Development Code. The Land Development Code specifically gives the direction to what is allowed, what is not allowed, where and why. It's sort of a mechanical process.

Mr. Roosa said it is something we have to do anyway. But that's what we're charged to do, so it's a question of timing. And certainly one of the top priorities of the town should be to adopt a Comprehensive Land Use Plan. I'm talking about now, not two or three years from now, Mrs. Cereceda advised. Mr. Roosa told her he agreed with her 100%.

Mayor Cereceda said the seven people in the Local Planning Agency should tell her what we need to fix in place. She doesn't think a year is enough time. She thinks that once the community starts getting into this, everybody is going to have something to say about every single element -- which is good. It's not something she thinks we can rush through. But how quickly could that group be able to review the Plan and say this is what we need to be fixed so that we know nothing will come by us and we've essentially got our snapshot?

Mr. Roosa said it would depend on how often they are willing to meet. It's a question of time and staff and how much you are going to help them. The Local Planning Agency is pretty much stressed out. They can make the decisions but they need to be fed the information. You should make this your top priority. It is going to cost some money. You are going to have to hire some engineers and planners to be there to provide information so they can make intelligent decisions. That's really what the moratorium is about. The purpose of the moratorium is to promote the Plan. What you are really saying is that you don't feel at this time based on the information you have that that's necessary. And the Local Planning Agency after they've met with this awhile may come in and say, Look, we can't do this job, it's an impossible task because you won't hold things still, and then you have to have a moratorium. It's a problem of time, and money, because how much money are you going to give to the Town Manager to provide the kind of staff you are going to need?

And Comp Plan changes have to go through Tallahassee, Ted Fitzsimons interjected, the Department of Community Affairs. It's a requirement. They have a 90-day turnaround, and then you have a 90-day turnaround to respond back to them.

But in that process, Mr. Roosa said, they might find that there is a problem that needs to be addressed that you may want to address other than in a moratorium. They'll have some suggestions on legislation for you.

Can they go in and amend zoning regulations? Mrs. Segal-George inquired. Mr. Roosa told her, yes, and described how it would be accomplished. He also stated that while they were working on the Comprehensive Plan, then you can work on the CRA Ordinance. If you don't have the regulations to go with the CRA you can't implement that program.

It was determined that Ted Fitzsimons had the right to take the moratorium to a public hearing. First, Mr. Roosa would put it in final form and then send it to the Town Manager. Do we want to take it forward? Ray Murphy wanted to know. Rusty Isler said that he feels real strongly that the moratorium is not the tool we need to use for our situation. He thinks that everybody in the room is close to wanting the same thing. Mayor Cereceda said she agreed with him but that people who wanted the moratorium and those who didn't were just coming from different perspectives and basically wanted the same goal.

Ted Fitzsimons asked, Why is it so difficult for me to find out the nature of the hardships that would be imposed on the individuals within this community for that one year? Every single case would be looked at. It only convinces me that we need the moratorium, he said. We have to know what is out there and has already been permitted and processed and is in the future of this community.

What the future of the island is going to look like, Mayor Cereceda declared, is going to be whatever the LPA and this council decides it's going to look like.

Further discussion among the council members dealt with how best to plan for future growth in Fort Myers Beach, including ways to meet the needs of the community without a moratorium.

V REPORT OF TOWN MANAGER

Mrs. Segal-George announced that we were on the same fiscal calendar as the county.

In compliance with the motion made by Council Member Ted Fitzsimons and based on the legal advice received from Attorney Roosa, Mrs. Segal-George will set March 18 as the date for the first public hearing of the ordinance and set April 1 for the second public hearing of the ordinance. She would like to move the workshop on Comprehensive Planning scheduled for March 21 to March 28 and schedule a Solid Waste workshop on March 21.

On the side of the building, Mrs. Segal-George announced, they would like to put the address of the Town Hall on the side of the building, as well as black letters reading "Town Hall" at a cost of $180. They haven't as yet approached the landlord regarding putting a sign outside of the building.

Mr. Huber reported that the mailbox will be installed on Friday morning out by the sidewalk and will have the words "Town Hall" and the address numbers on itas well.

Regarding the gas tax, Mrs. Segal-George reported that it was divided right now between the town and the county.

Also reported is that the Sanibel Bridge Committee is asking for three appointments with the Fort Myers Beach Council.

Four bills were presented to the Council for approval by Mrs. Segal-George, and the council members discussed them.

Motion: Motion made by Ted Fitzsimons to approve bills presented to the Council. Seconded by Rusty Isler. Passed unanimously.

Garry Reynolds wanted to know how much money the Council had coming in at this time. Mrs. Segal-George advised they had received one check from the state and will receive more.

Attorney Roosa reported that five ordinances had been repealed by the county. One has to do with trash collection, another with site cleanup, another with flood, another with construction, and the last with water skiers. Mr. Roosa said he also asked that Ordinance 89-09, the Sea Turtle Ordinance, be included.

Mayor Cereceda stated that someone is spreading the word that the open can law would not be enforceable during spring break. Mr. Roosa asked if she had talked with the Sheriff. He believes there is a legal ordinance that can be enforced.

VI PUBLIC COMMENTS AND INQUIRIES

A. Peter Lesich

Mr. Lesich feels that our biggest concern is the unity issue.

VII ADJOURNMENT

Mayor Anita T. Cereceda adjourned the meeting at 10:05 P.M.

Respectfully submitted,

Lorraine Calhoun

Recording Secretary