Fort Myers Beach Town Council

Transcription

1 Fort Myers Beach Town Council Council Chambers 2525 Estero Blvd. Fort Myers Beach, FL Minutes Monday, December 5, :00 PM DRAFT I. CALL TO ORDER The meeting was called to order at 2:00 PM by Mayor Dennis Boback A. Roll Call Members present: Mayor Boback, Council Member Cereceda, Council Member Gore and Council Member Hosafros. II. INVOCATION Town Clerk Mayher. III. IV. PLEDGE OF ALLEGIANCE APPROVAL OF FINAL AGENDA Council Member Cereceda moved to approve the final agenda with item A. pulled; second by Council Member Hosafros. Motion approved; 4-0. V. PUBLIC COMMENT Mike Baker, resident, explained why he endorses Joanne Shamp to fill the empty Council seat. Ann Means, property owner and spokesperson for others, supports Joanne Shamp and described her qualifications. Anthony Leonard, CFO of Iona Health and Wellness, supports Beth Cherry for Council and he addressed her involvement in the community. Johanna Campbell, spoke on behalf of the cupcake ladies in Times Square on New Year's Eve. She requested that they not move the free cupcakes from Times Square to Bay Oaks. Generated 12/12/2016 2:49 PM

2 Betty Simpson, resident, discussed the cupcake ladies at the Town's birthday party in Times Square, and feels the free cupcake event should remain at Times Square for the 21st year. Eddie Foster, resident, discussed litter on the beach and items hazardous to marine life. She suggested the Town can help by banning plastic straws. Judy Haataja, resident, commented on the cost of the outfalls. She did not think streets that do not flood should have to pay to accommodate Estero Blvd. Joe Stockton, resident, discussed why Joanne Shamp should be appointed to the empty Council seat. Lizbeth Freeman, resident, thanked Council for their agreement to appoint a liaison to the Estero Island Taxpayers Association. Becky Werner, resident and President of Friends of the Mound House, stated the Friends received a grant of $11, from the Tourist Development Council (TDC). She noted they will continue fundraising efforts and informed everyone that the play will be presented again on February 17, Dan Hughes, resident and Treasurer of the Friends of the Mound House, stated the funds will be held in a trust and will be disbursed as needed to the Town for marketing purposes. He stated the total amount of funds donated to the Town was approximately $55, John Heim, resident and member of the Southwest Florida Clean Water Movement, informed Council that the group will head back to the bridge on January 1, He discussed the quality of water due to the Lake Okeechobee discharges. Beverly Grady, Attorney with Roetzell & Andress, will not be able to speak at the time of the public hearing on Ordinance 16-09, and would like her comments to be heard at this time. (Balance of comments added to the public hearing portion of these minutes). Bobbi Kemp, resident, supports Joanne Shamp for Council. Rae Sprole cited reasons for supporting Beth Cherry for Council. VI. LOCAL ACHIEVEMENTS AND RECOGNITIONS Council Member Cereceda recognized the public works crew for doing a spectacular job on the sign at Town Hall. She thanked staff for bringing the Mangrove tree to Council Chambers. She congratulated Friends of the Mound House and the Beach Kids Foundation for their fundraising efforts. Council Member Hosafros recognized Interim Town Manager Steele for his extreme generosity at the Mound House fundraiser. Council Member Gore recognized both fundraisers, as well as the Ostego Bay Foundation fundraiser, and the Christmas boat parade; she thanked everyone involved. Mayor Boback recognized and thanked everyone in attendance for being a part of the process. VII. ADVISORY COMMITTEES ITEMS AND REPORTS 2 P age

3 Keri Hendry Weeg, Chair of the Community Resource Advisory Board (CRAB), reported that the Leadership Conference was postponed to April 7 & 8, 2017 due to trolley availability and time constraints. VIII. APPROVAL OF MINUTES A. Town Council - Work Session - Nov 21, :00 PM RESULT: ACCEPTED [UNANIMOUS] MOTION BY: Anita Cereceda, Council Member SECOND BY: Rexann Hosafros, Vice Mayor Anita Cereceda, Rexann Hosafros, Tracey Gore, Dennis Boback B. Town Council - Regular Meeting - Nov 21, :30 PM RESULT: ACCEPTED [UNANIMOUS] MOTION BY: Anita Cereceda, Council Member SECOND BY: Rexann Hosafros, Vice Mayor Anita Cereceda, Rexann Hosafros, Tracey Gore, Dennis Boback IX. CONSENT AGENDA A. FY Town Fee Schedule Amendment # Accept Amended FY Town Fee Schedule Amendment #1 as presented Council Member Gore did not support administrative code fees. She felt that the fees for Bay Oaks should be set after a Director was hired. She did not agree with the right-ofway parking. Council Member Hosafros noted that fees at Bay Oaks could be adjusted after a Director was hired. RESULT: ADOPTED [3 TO 1] MOTION BY: Rexann Hosafros, Council Member SECOND BY: Anita Cereceda, Council Member Anita Cereceda, Rexann Hosafros, Dennis Boback NAYS: Tracey Gore B. Waterside-Bay Beach Amendment to Stipulated Settlement Agreement Approve an Amendment to the Stipulated Settlement Agreement between Stardial and the Town of Fort Myers Beach. RESULT: MOTION BY: SECOND BY: ADOPTED [UNANIMOUS] Anita Cereceda, Council Member Rexann Hosafros, Vice Mayor Anita Cereceda, Rexann Hosafros, Tracey Gore, Dennis Boback RECESS: 2:49 PM RECONVENE: 2:55 PM X. ADMINISTRATIVE AGENDA 3 P age

4 A. Vacancy on Town Council Town Charter Section Filling of Vacancies A vacancy on the Council shall be filled by appointment by a majority vote of the Council members remaining. Bruce Butcher explained why he would be an asset to Council. experience and attributes and hoped to bring balance to the Council. He reviewed his Beth Cherry introduced herself and noted she was interested in continuing to help the community thrive. She described her involvement with organizations and her management experience. She felt she could bring depth to Council. Forrest Critser reviewed his background, described his history and he felt he could bring an attitude of harmony and peace to Council. Joanne Shamp described her history with the Town and she addressed the Comp Plan. Her vision was a Town that was polite, honest and welcoming. She stated that it would be an honor to serve the community. Ber Stevenson expressed concern regarding construction and the stormwater system. He stated that there were alternative methods of construction to reduce traffic that should be researched. He discussed asbestos pipes, cost of projects, TDC funds and clean water. Lorrie Wolf stated that she had a lot to offer the Town. She was a firm believer in fiscal conservation and she felt the LDC and Comp Plan were very strong documents. She supported preservation and progress and she felt she would bring a lot of energy and devotion to Council. The four member Council voted by written ballot; four votes were for Joanne Shamp. Town Attorney Lehnert swore her in. RECESS: 3:15 PM RECONVENE: 3:26 PM B. Selection of Vice-Mayor The five member Town council needs to nominate and elect by majority vote a vice mayor. Mayor Boback moved to nominate Council Member Gore as Vice Mayor. Council Member Gore declined the nomination. Council Member Cereceda moved to nominate Council Member Hosafros as Vice Mayor RESULT: MOTION BY: SECOND BY: ADOPTED [UNANIMOUS] Anita Cereceda, Council Member Joanne Shamp, Council Member Cereceda, Hosafros, Gore, Boback, Shamp RECESS ADMINISTRATIVE AGENDA XI. PUBLIC HEARINGS A. First Public Hearing, Ordinance 16-09, LDC Amendment to s Hold first public hearing on Ordinance 16-09, Amending LDC Section P age

5 AN ORDINANCE AMENDING THE TOWN OF FORT MYERS BEACH LAND DEVELOPMENT CODE SECTION (d) PERTAINING TO THE RED COCONUT PARK WITHIN THE VILLAGE ZONING DISTRICT; AMENDING SETBACKS FROM THE RIGHT-OF-WAY; PROVIDING FOR SEVERABILITY; CONFLICTS OF LAW; CODIFICATION, SCRIVENER S ERRORS; AND AN EFFECTIVE DATE. Direct Ordinance to a second public hearing in Council Chambers on December 19, 2016 at 6:30 or as soon thereafter as it may be heard. (Earlier testimony) Beverly Grady, from Roetzel & Andress represented the Red Coconut. She entered four excerpts to correspondence sent previously to Town Attorney Lehnert and Interim Town Manager Steele into the record. She described the 1986 Lee County zoning regulations for all RV parks that existed prior to 1962 and the only things regulated were lot size and distance of separation between units. She attached a portion of the original March 2003 zoning regulation that did not have the setback regulation. She included the 2005 glitch ordinance with the added language that created the provision establishing new regulations. She stated that the Red Coconut was never informed and it was not enforced until the past Labor Day. She requested that the language added in 2005 be removed and that be the revision to the ordinance. Vice Mayor Hosafros asked Attorney Grady whether she was in favor of what was before them. She replied that she was not in favor of the language being proposed in the ordinance. She stated that the property did not have a setback requirement from the right-of-way line before 2005 and they requested that it be removed. Mayor Boback read the title of the ordinance. Town Attorney Lehnert reported that Ms. Grady correctly indicated the history of the ordinance in her earlier testimony. She could not explain why the 2005 text was added. She described the three sections to be amended and she commented they may want to consider deleting the 2005 provision. Council Member Gore supported removing the provision. Council Member Cereceda would like the LPA to hear the request before moving forward. Council Member Shamp agreed with sending it to the LPA. Vice Mayor Hosafros supported moving it along as it. Mayor Boback concurred but he did not want to remove (f) until they heard from the LPA. He was not sure five foot was the right distance. PUBLIC COMMENT Bruce Butcher, resident, questioned how the ordinance was to the benefit of all citizens. Frank WilIsz, resident, commented that the area was a safety hazard. He concurred with Mayor Boback regarding making the area safe. RESULT: ADOPTED [4 TO 1] MOTION BY: Rexann Hosafros, Vice Mayor SECOND BY: Anita Cereceda, Council Member Anita Cereceda, Rexann Hosafros, Dennis Boback, Joanne Shamp NAYS: Tracey Gore XII. RECONVENE ADMINISTRATIVE AGENDA C. Estero Boulevard Project History and Update Estero Boulevard - how we got to where we are today 5 P age

6 Scott Baker, Public Works Director, utilized a Power Point presentation to review the history and progress. Slides included Estero Blvd. through the years, history of the project, stormwater responsibility, stormwater flow facts, map of stormwater responsibility, typical Island profile of stormwater flow, what if they do nothing, consequences, photos of side street flooding, results of stormwater program, water quality, sheet flow, Town's estimated stormwater costs for side streets, Lee County project costs, cost of shared stormwater outfall for Estero Blvd. project, benefits to Town and costs covered by Lee County, why must they do it and partnering together for Estero Blvd. improvements. Brett Messner, Project Manager, Tetra Tech provided a timeline. Council Member Shamp agreed that the Town needed stormwater infrastructure but she did not agree that all 20 outfalls were the Town's responsibility. She had a problem with Lee County paying only 20% for the outfalls; however, she appreciated the improvements to Estero Blvd. She preferred to inspect the outfalls to determine which ones were the Town's bad areas. Mayor Boback revealed that they were asking for a total of 30 outfalls. Mr. Baker noted that 20 outfalls were needed today and they were still working on the design to determine the final amount. Vice Mayor Hosafros stated that she had to trust the fact that staff hired honest people and were pursuing the project to the best of their ability. She felt they needed to move forward. Council Member Gore thought it was too much. She was not comfortable going forward without knowing how much debt they were getting into. She clarified that the County's $400,000 was for 20 outfalls. Council Member Cereceda commented that $60 million dollars worth of Lee County tax payer dollars were being spent in the community and the majority was not the Town's. She expressed appreciation for the efforts made by Tetra Tech and everyone involved with the project. She felt it was important to move forward with the next step and she thanked Mr. Baker and his team for the presentation. Mayor Boback questioned the accuracy of 80% of the stormwater flow outside Estero Blvd. He felt they needed to continue with the project, but not for $33 million. He clarified that the sediment boxes were included in the $33 million. D. Interlocal Agreement with Lee County for Estero Boulevard Project A request to approve First Amendment of the interlocal with Lee County for the Estero Boulevard Project for additional stormwater outfalls. A request to approve Second Amendment of the interlocal with Lee County for the Estero Boulevard Project for additional stormwater outfalls. First Amendment: Public Works Director Baker described the amendment to the Interlocal agreement concerning the asbestos concrete pipe. Council Member Shamp supported the amendment. Mayor Boback questioned the impact of lowering the road. Mr. Baker replied that some areas would be impacted but they would try to contain costs. RESULT: MOTION BY: SECOND BY: ADOPTED [UNANIMOUS] Anita Cereceda, Council Member Rexann Hosafros, Vice Mayor Cereceda, Hosafros, Gore, Boback, Shamp 6 P age

7 Second Amendment: Public Works Director Baker remarked that there was a $20,000 increase in the purchase of the pipe. Council Member Gore felt they could negotiate better with the County. She questioned why Hercules was listed as an additional outfall when it was included in the original plan. Mr. Messner stated that the 20 outfalls were based on the total amount of joint outfalls and there will be additional outfalls that the County would take care of on their own. She felt there should be a shared cost with the joint outfalls. Mr. Baker reiterated that 80% of the water was contributed by the Town. Interim Town Manager Steele stated that the Town was willing to maintain the outfalls because the water would be clean before it got to the outfalls. He thought it was a great deal and totally supported it. Council Member Cereceda thanked Interim Town Manager Steele, Assistant County Manager Muerer and his team for the work they have done. Council Member Shamp reiterated what Council Member Cereceda said. She asked Lee County to go back to the negotiation table to adjust their portion. Mr. Baker replied that they were already contributing a substantial amount to the project. Council Member Cereceda stressed the fact that Interim Town Manager firmly supported the amendment and she conveyed the importance of the project. Council Member Shamp was concerned about the costs. Interim Town Manager Steele stated that they could not enter into any contracts or seek financing from the State Revolving Loan Fund until the agreement was completed. He stated it was critical and requested the support of Council. Vice Mayor Hosafros stated that the figures were projections based on the number of outfalls and if they asked for more than 20, going back to negotiations would be in order. Stopping the project would be a disservice to the citizens. Lee County Commissioners voted to move faster with the project and turning down the Interlocal negated all arguments asking them to move faster. Mayor Boback stated they needed to look after the Town and it was their responsibility to be fiscally responsible. He would be comfortable moving forward with 20 outfalls and going back to the negotiating table if more were needed. Interim Town Manager Steele reiterated his support of the amendment. Council Member Shamp respected Interim Town Manager Steele's expertise and supported the amendment. MOTION: Council Member Cereceda moved to approve the Second Amendment to FMB ILA-Stormwater-2016; second by Vice Mayor Hosafros. Motion approved; 3-2 with Mayor Boback and Council Member Gore dissenting. RESULT: MOTION BY: SECOND BY: ADOPTED [UNANIMOUS] Anita Cereceda, Council Member Rexann Hosafros, Vice Mayor Cereceda, Hosafros, Gore, Boback, Shamp C. Estero Boulevard Project Additional Outfalls To approve the Supplemental Task Authorization with Tetra Tech Inc. for additional outfalls along Phase II of Estero Boulevard and to authorize the Town Manager to execute the contract with Tetra Tech Inc. Public Works Director Baker described the additional outfalls. Mayor Boback questioned the 4,000 foot outfall on Donora. Mr. Baker replied that the water main for the entire street was included. 7 P age

8 Council Member Gore asked whether they could redirect Tetra Tech to Madison and Andre Mar. Mr. Baker responded that they identified the four outfalls and they planned on providing a list of priority streets going forward. He explained that they were trying to keep ahead of the county and they would go back and address residential priority areas. Council Member Cereceda stated that the entire focus was on residents but the process had to be done comprehensively. Vice Mayor Hosafros noted that the four additional outfalls were just a miniscule portion of the scope of professional services. RESULT: ADOPTED [4 TO 1] MOTION BY: Anita Cereceda, Council Member SECOND BY: Rexann Hosafros, Vice Mayor Anita Cereceda, Rexann Hosafros, Dennis Boback, Joanne Shamp NAYS: Tracey Gore D. Amendment to Stormwater Utility Provisions Discuss and provide direction regarding proposed amendments to Code of Ordinances Chapter 30 regarding Stormwater Utility provisions. Town Attorney Lehnert indicated changes were made but she needed direction for changing the dates at the end. She reviewed the major changes. Council Member Cereceda asked why the Town would monitor, maintain and permit the system when the South Florida Water Management District (SFWMD) had jurisdiction. Town Attorney Lehnert replied that in her experience, SFWMD did not address violations. Danny Nelson, Vice President, Tetra Tech, replied that the Town was responsible to the state for their water quality. Council Member Cereceda asked about references to the policy and procedures manual. Interim Town Manager replied that they would follow the water utility policies and procedures until specific policies and procedures were created for the stormwater utility. Vice Mayor Hosafros mentioned that she was unaware of the fact that the SFWMD permitted smaller situations besides Bay Beach. She felt changes made to the credit situation were appropriate. Council Member Gore questioned adding cleaning to collecting and disposing stormwater, adding Gulf of Mexico to the list, removal of the benefit area and adding that it would affect the Town's tourist area. Mayor Boback objected to any policy that would give 100% credit because the entire Town benefitted in some way. He agreed that credit should be issued, but everyone should contribute something. Council Member Cereceda pointed out that everyone didn't pay for the system at Smuggler's Cove. Mayor Boback stated that those communities should be issued the highest credit possible, but still contribute. Mayor Boback questioned three year inspections instead of yearly. Town Attorney Lehnert replied that to receive credit, an engineer would need to certify the system was properly maintained and fully functional. She stated that certifications were paid by the applicant, not the Town. Motion: Council Member Cereceda moved to direct Town Attorney Lehnert to memorialize their conversation to bring the ordinance to a first hearing; second by Vice Mayor Hosafros. Motion approved; 3-2 with Mayor Boback and Council Member Gore dissenting. 8 P age

9 RESULT: ADOPTED [3 TO 2] MOTION BY: Anita Cereceda, Council Member SECOND BY: Rexann Hosafros, Vice Mayor Anita Cereceda, Rexann Hosafros, Joanne Shamp NAYS: Tracey Gore, Dennis Boback XIII. PUBLIC COMMENT Charles Ech represented Bay Beach. He stated that stormwater utilities were not a matter of fairness; they were a matter of law and the state had gone to great lengths to determine what a stormwater utility was. They were not in a benefit area and stormwater utility regulations required a participant to be in a benefit area. Frank Wilisz, Madison Ct., felt that if one lived on the Island they were in the benefit area. XIV. AGENDA MANAGEMENT Agenda Management Add LDC to March, Add floodplain. Change the date of as-built surveys. Delete items Add driveway aprons and the percent of impervious surfaces. Move fireworks to a January work session. XV. TOWN MANAGER'S ITEMS Interim Town Manager Steele informed Council of upcoming personal time off. The Virginia Ave. bay access public meeting will take place on Wednesday at 5:00 p.m. Staff will record the meeting. Council Member Shamp will appoint a member to the Bike/Pedestrian Master Plan Advisory Committee. The Mangrove tree will be mounted. The Fountain Park improvement was nearly complete. They will explore the possibility of a Veterans Memorial. XVI. TOWN ATTORNEY'S ITEMS No items. XVII. COUNCILMEMBERS ITEMS AND REPORTS Vice Mayor Hosafros suggested that they move the morning work sessions from 10:00 a.m. back to 9:00 a.m. Consensus reached. She did not think the setup at the work session worked well and she would like to try something else. She supported the cupcake ladies at Times Square instead of Bay Oaks. 9 P age

10 Discussion was held concerning holding events at Bay Oaks for the Town's birthday on New Year's Eve. Council Member Gore thanked everyone for a great week of fundraising. Council Member Cereceda will happily participate with the Estero Taxpayers. She would like to develop a draft policy for appointing people; she would like an update on lighting and landscaping on Estero Blvd. Council Member Shamp thanked Council members for appointing her. She questioned whether Public Works had a policies and procedures manual. Mr. Baker replied that they had one in place and would send it to Council for review. Mayor Boback did not think it was appropriate to appoint a Council liaison to the Estero Taxpayers, but he offered to meet with them informally whenever needed. Council Member Cereceda stated that she was happy to do it. Vice Mayor Hosafros supported Council Member Cereceda officially participating. Council Member Shamp suggested that each Council member take a turn participating. Town Clerk Mayher indicated there was a vacancy on the LPA, three vacancies on CRAB, a vacancy on the Marine Resources Task Force and the Public Safety Committee (PSC) had several vacancies. Council put the PSA on temporary hiatus. Town Clerk Mayher will advertise all vacancies. XVIII. ADJOURNMENT The meeting was closed at 6:37 PM Next Regular Town Council Meeting: Monday, December 19, 2016 at 6:30 p.m. Next Town Council Work Session: Monday, December 19, 2016 at 2:00 p.m. 10 P age