Town attorney reports on ‘library noncompliance’
After listening to Town Attorney Jim Humphrey’s report on the existing communication exchange regarding the library expansion issue and the circumstances born from it, the Fort Myers Beach Town Council gave majority approval to have their attorney continue to press the library officials to comply with state regulations and turn over public records to the general-purpose government.
On the advice of council, Humphrey stated he has submitted a request for a joint meeting with the library officials and gave a choice of specific dates to allow him to view its public records.
He said he did not receive a direct answer to that request in a reply email from Library Board of Directors Attorney Anne Dalton on Saturday.
“They have not listed the dates that we asked for, and it is still being that we are not entitled to the materials,” said Humphrey. “But I’m going to continue with what I understood to be this council’s instructions after receiving recommendations and advisements. We’re just following through and asking that the public district as a public body perform their requirements under Chapter 189.”
In his report, Humphrey said the Florida Department of Community Affairs has a Florida Special District handbook, which describes statutory regulations and history at the website www.floridaspecialdistricts.org/handbook. It states a facilities report is required to be filed with each general-purpose government -the town as well as the county.
“Some people seem to be turning this into an adversarial relationship. It’s really not,” said Humphrey, who will also follow up Dalton’s reply with a letter to again request a joint session. “This district handbook provides that such reporting is a vital, important, statutory accountability requirement. It confirms the necessity for financial reporting as an essential requirement of the law. A function of this is to improve communication and coordination rather that get into an adversarial relationship.”
He stated if special districts fail to comply with a minimum disclosure requirement (such as a public facilities report and/or copies of past meetings and notices), state action must be taken.
“We’re having some issues there, but I still want to follow through before we recommend to you to do something formal,” said Humphrey. “We’re still trying to work with them and obtain the documents. If that is not accomplished, then the local government can notify DCA which will then get involved and, if necessary, initiate enforcement.”
According to Humphrey, Dalton has said, “the town was fully informed of the information contained in the facilities report in 2008 as such information and more had been incorporated into the library’s application for zoning approval.
He stated the key is the facilities report should describe how the district currently proposes to finance the facility as well as anticipated time of the construction, the completion date and capacity and demands of such an expansion.
“This is what is required under Chapter 189 of the facilities report,” said Humphrey. “There was no presentation on the time of construction, when it would be completed or the anticipated capacity of the public facility when it was completed.”
According to Stewart, an official public facilities report wasn’t filed until last month in January 2010. He also expressed his frustration about town officials being termed “confrontational” through their approach in the matter and has been “continually surprised by the way the library has handled” the situation.
“Before this became a public issue, we visited with the library director in a way of informing him as to the fact of this questioning by the public that was beginning to raise its head,” said Stewart. “Mayor (Larry Kiker) specifically told the library director he felt it was good for (library officials) to get out ahead of this thing and deal with the public’s concern before it became an issue.
“The fact is that the talk of expansion has been going on at least 8-10 years and (library officials) never once filed a facilities report until this year. I had to go down to the clerk’s office to get it. It was done at the 11th hour. It was submitted to the clerk’s office on Jan. 12, well after the time it was due.”
According to Humphrey, Dalton may believe another public record justifies as the public facilities report.
“She has now taken the position that the special exception and variance was the report as I read her opinion,” he said.
Councilman Tom Babcock asked for a positive way to move forward on the issue. He cautioned his fellow council members on their approach in the matter.
“I don’t want to escalate this into an extensive public records report until I’ve given the library every opportunity to respond,” said Babcock. “It’s the same way we were doing code enforcement. You would give the applicant every opportunity to respond in a positive way before we take a strong legal action.”
Kiker would like to see both town and library officials combine efforts in supporting the project rather than being at odds.
“If we don’t do anything else, we need to set an expectation level that says there is some form of agreement or acknowledgement,” said Kiker. “I would hope we do that with the library (officials).”