Outdoor display hearing pushed to October
Another draft ordinance involving outdoor display for retailers in the downtown zoning district on Fort Myers Beach was looked into and dissected as a whole.
The issue of proposed changes to a Town of Fort Myers Beach outdoor display zoning code from DiamondHead Beach Resort to Times Square and down Old San Carlos Boulevard has been going on for roughly 1-1/2 years.
After Town Council members discussed Ordinance #14-05 in detail during their workshop Monday, it was agreed upon that the first of two hearings would occur on Oct. 20, during the Council’s 6:30 p.m. meeting, and a second and final hearing in November for a possible adoption timeline. More discussion may be held prior to the first hearing on Oct. 20 during the Council morning workshop.
Much of the language in the previous draft ordinance was scratched out upon recommendations made by the Town Local Planning Agency. Restrictions were thought to be needed to address merchandise being within a more enclosed area like an outdoor porch instead of a “market” style patio area.
“This is an ordinance. It’s long, it’s complicated. I know the idea is to simplify, but I think you are going to find that this lends itself to more litigation,” said Councilwoman Rexann Hosafros about the holes in the document.
Outdoor display regulations to the established 2003 ordinance involving beach merchants and their merchandise have been an ongoing matter for some time now. After Council discussed the issue during one of its meetings in early 2013, Councilman Dan Andre volunteered and was selected to chair work sessions with an informal “working group” to establish better clarity with zoning sections in the Town Land Development Code. That group met in August 2013, October 2013 and in February 2014. Two LPA discussions have been held during that timeframe.
“My feeling was government needs to get out of business,” said Andre.
Town Attorney Derek Rooney doesn’t recommend sending the issue back to the LPA. He does suggest moving draft ordinance language to an appropriate section of reference in the Town LDC.
“I think we need to look at adopting kind of catch-all back-up definitions in our code book,” he said.
During tourism season last year, a code enforcement sweep of outdoor displays was conducted due to reported complaints stemming from proliferation of displays.
Pulling out dining references in the ordinance and placing them in a separate section was also discussed.
“Food shouldn’t be mixed with merchandise,” said Hosafros. “It’s too different things.”
Mayor Anita Cereceda did not like an intended “grandfather” clause in the proposed regulations. According to the latest draft ordinance, all existing, nonconforming outdoor display businesses that had outdoor display in existence on or before Jan. 1, 2014, would be permitted to continue. Local Color, one of Cereceda’s businesses in Times Square, has not partaken in outdoor display. She stated every business around her is selling something outside its doors.
“If I had been in violation of the ordinance and had outdoor display, would I be ‘grandfathered’ now? Yes, I would be,” she said. “If we are going to talk about ‘grandfathering’ businesses, let’s make site visits, let’s decide why it’s going to be done, if it should be done and what purpose it serves to the public.”
Due to her business profession as an island retailer, Cereceda is only able to take part in Council discussions. She will be unable to vote on the matter.
“The original intent was to curtail the ‘flea-market effect.’ I think it’s our job to identify and protect the character of our community,” she said.
Council adopts budget
On Monday, the Fort Myers Beach Town Council established its final budget and millage rate for fiscal year 2014-15.
According to Town records, the total expenditures amount in the upcoming budget is $26,109,820, while revenues were listed as $26,561,907. The adopted millage rate for levying ad valorem taxes was set in the amount of 0.7530 mills.
On June 16, Council adopted the tentative millage rate at .07530 mills and kept the same figure during its first required public hearing on Sept. 4, for a tentative operating ad valorem millage rate.
Beach resident Eric Tibbs questioned a few line items on the budget prior to its adoption. He asked to move money slated for state lobbyists to Bay Oaks programming. He also requested that money be budgeted for residential mailing of a Bay Oaks bi-monthly newsletter.
Beach resident John Heim also asked that money for water quality be assigned to a specific line item. He later pointed out a problem with water quality existing in Beach bayside canals.
Funds are set aside for water quality issues indirectly, according to Vice Mayor Dan Andre. He stated roughly $215,000 is within Town maritime expenditures and that water testing is funded by Lee County.
Pirate Fest permit approved
A special event permit application for the ninth annual Pirate Fest has been approved by a 3-2 margin to allow the event to go on as planned at Bayside Park and along Old San Carlos Boulevard during Columbus Day weekend from Oct. 10-12.
The permit was subject to meeting all requirements within Town Ordinance #12-04. The purpose of the event was listed as a boost to the island’s tourism economy during a slower time period.
Concerns over allowing alcohol consumption in the public park area at the end of Old San Carlos Boulevard dealt with temporary extension of licensed premises. Level of music and amplification control were two other issues brought forth.
Council members voiced their dismay about the application. It was believed that a separate permit request within another application should have been made for consumption on premises.
“We continue to struggle with this issue. We have yet to completely reform our permitting process. It seems to take a long time,” said Councilwoman Rexann Hosafros.
Beach Chamber President Bud Nocera referred to the event as “contiguous” between the local chamber and Nervous Nellies Crazy Waterfront Eatery.
While she approved the event as a whole, Mayor Anita Cereceda was not satisfied with the consumption in the public park area. She dissented along with Councilwoman Summer Stockton.
“We are approving open consumption specifically for one business,” she said. “If Nervous Nellies wants that permit, they should come in and ask for it.”
Town Manager Don Stilwell assured the permitting process will be cleared up prior to the next major event that comes before Council. The Town Community Resources Advisory Board has been tasked to help with that project.