Town officials may meet with library board
After much discussion on the particular agenda item at a Management & Planning work session Tuesday morning, the FMB Town Council reached consensus decision to request a facilities report from all independent special taxing districts and make a decision on requesting a joint session between the two taxing districts to discuss the scope, financing, operations and maintenance of the proposed expansion of the Fort Myers Beach Public Library property.
The council was to vote on the specific actions at their regular meeting Tuesday evening. The results of the voting (since past this newspaper’s deadline) can be read online at forttmyersbeachtalk.com.
To achieve a better understanding of the statutory reporting and other requirements applicable to independent special districts such as the Fort Myers Beach Public Library District, the Fort Myers Beach Town Council asked Town Attorney Jim Humphrey to review Florida Statute Chapter 189 to ensure the accountability of special districts to state and local governments. He sent the memo to town council members and Stewart on Jan. 4.
The council reviewed the memo Tuesday morning and discussed many scenarios to take action on. The general feeling was to take a respectful, yet direct approach on the issue.
There has been some opposition to the expansion efforts, prompting town government officials to look more closely at the situation. Council has heard the opposition through public comment at various meetings.
“I think we have a judicial responsibility in this matter,” said Councilman Alan Mandel.
Besides the joint meeting, there was a discussion about town officials possibly attending the monthly Beach Library board meeting on Tuesday (Jan. 25) at 6:30 p.m.
The Beach Library is expected to break ground on expansion in the near future -one that would nearly double its existing 18,895 square feet to 34,190 and cost more than $7 million.
Humphrey believes the Beach Library’s facilities report should be requested.
“I believe you do have the responsibility to request that they filed a report because it is mandatory,” he said.
Humphrey’s memo included two parts of Chapter 189 which should be looked at closely. The detailed parts are as follows:
In Section 189.415 titled “Special District Public Facilities Report,” it provides that each independent special district shall submit to each local general-purpose government in which it is located a public facilities report and an annual notice of any changes. “Public facilities” means major capital improvements which should include the new proposed library that will be located within the Town.
The public facilities report must include the following information:
o A description of existing public facilities owned or operated by the special
district. This description shall include the current capacity of the facility, the
current demands placed upon it, and its location. This information shall be
required in the initial report and updated every 5 years thereafter.
o A description of each public facility the district is constructing, improving, or
expanding, or is currently proposing to build, improve, or expand within at least
the next 5 years. For each public facility identified, the report should describe
how the district currently proposes to finance the facility, as well as its operation
and maintenance. [Emphasis added]
o If the special district currently proposes to replace any facilities within the next 10 years, the date when such facility is to be replaced.
o The anticipated time the construction, improvement, or expansion of each facility will be completed.
o The anticipated capacity of and demands on each public facility when completed. In the case of an improvement or expansion of a public facility, both the existing and anticipated capacity must be listed.
Section 189.428 provides for an Oversight Review Process wherein each independent special district is to be reviewed by the local general-purpose government in which the district exists. The oversight review process is intended to contribute to informed decision making.
These decisions may involve improving the functions or delivery of services by the district. It is also the intent that any oversight review process be conducted in conjunction with the district’s public facilities reporting. Section 189.428(b) provides that where the district serves an area greater than the boundaries of one general-purpose local government then the review is to be accomplished by the County on the County’s own initiative or upon receipt of a request from the
municipality.
Those conducting the oversight review process shall, at a minimum, consider the listed criteria for evaluating the special district, but may also consider any additional factors relating to the district and its performance. The criteria to be considered by the reviewer includes:
o The degree to which the service or services offered by the special district are
essential or contribute to the well-being of the community.
o The extent of continuing need for the service or services currently provided by the special district.
o The extent of municipal annexation or incorporation activity occurring or likely to
occur within the boundaries of the special district and its impact on the delivery of
services by the special district.
o Whether there is a less costly alternative, method of delivering the service or
services that would adequately provide the district residents with the services
provided by the district.
o Whether transfer of the responsibility for delivery of the service or services to an
entity other than the special district being reviewed could be accomplished
without jeopardizing the district’s existing contracts, bonds, or outstanding
indebtedness.
o Whether the, special district has failed to comply with any of the reporting
requirements in Chapter 189, including preparation of the Public Facilities Report.
o Whether the special district has designated a registered office and agent as
required by S. 189.416, and has complied with all open public records and
meeting requirements.
* * *
Before Chapter 189 discussion, the council compared town legal fees for the first quarter of fiscal year 2010 to the first quarter of 2011.
For the period of Oct.1, 2009 and Dec. 31, 2009, the town paid $44,750 for its town attorney and $54,620.32 for outside legal council for a total of $99,370.32. For the period of Oct. 1, 2010 and Dec. 31, 2010, the town paid $24,609.87 for its town attorney and $11,575.95 for outside legal council for a total of $36,185.82.
“They have been thoughtful and thorough,” said Town Manager Terry Stewart about the firm of Fowler White Boggs, which Humphrey represents.
With all said, the difference in figures is a savings of $63,184.50.
“We want to work with you and try to keep your legal expenses evened out,” said Town Attorney Jim Humphrey. “We think we are an important part to the local government.”