Council Minutes : December 11, 1995 MINUTES COUNCIL OF THE TOWN OF FORT MYERS BEACH REGULAR MEETING - DECEMBER 11, 1995 The regular meeting of the Town of Fort Myers Beach was called to order at 8:30 a.m. at the Bay Oaks Community Center. Councilmembers present were Anita Cereceda, Ted FitzSimons, Rusty Isler, Ray Murphy, Garr Reynolds. Sanibel Assistant City Manager Bill Mills led in the Pledge of Allegiance. Item #4: Selection of Mayor and Vice Mayor Mills then opened nominations for position of Town Mayor. Councilman Reynolds nominated Councilman FitzSimons for Mayor. Councilman FitzSimons seconded. Councilman Isler nominated Councilwoman Cereceda for Mayor. Councilman Murphy seconded. After discussion, Councilmen Isler and Murphy and Councilwoman Cereceda voted for Councilwoman Cereceda for Mayor, with Councilmen Reynolds and FitzSimons voting for FitzSimons for Mayor. With a vote of 3 to 2, Councilwoman Cereceda became the first Mayor of the town. Mayor Cereceda then opened nominations for the position of Vice Mayor, and nominated Councilman FitzSimons for the position. The motion was seconded by Councilman Isler. There were no other nominations. By unanimous vote Councilman FitzSimons was named the first Vice Mayor of the town. Bill Mills was then nominated to be Acting Town Clerk. The motion was seconded and unanimously approved. Item #5: Discussion and Approval of Proposed Council Meeting Agenda There was discussion and consensus to accept the proposed agenda as supplied by Acting Town Clerk Mills, reserving the right to table items or take them out of order as deemed necessary. Item #6: Presentation by Lee County Commissioner Ray Judah Lee County Commissioner Ray Judah then discussed the status of the upcoming channel dredging and beach renourishment project. He noted that due in part to problems with the quality of the material to be dredged, a full-blown project has been put on hold. In the interim, the County plans to dredge approximately 180,000 cubic yards of material from the bay side of the channel, and deposit the material along the Gulf beach in the Lynn Hall Park vicinity. The project may be underway in January. Commissioner Judah reported the project cost estimated at $500,000, but only $375,000 in funding has been secured to date. The County will be working with beachfront property owners to secure the required construction easements and additional project funding. He requested the assistance of the Town Council in this regard. Commissioner Judah reported that the town will need to start looking into long range solutions such as beach renourishment taxing districts for an island-wide beach maintenance program. Councilman FitzSimons requested that the town be kept advised of the status of this project as it progresses. Commissioner Judah then reported on the status of the Estero Boulevard Community Redevelopment Agency (CRA) Project. A draft interlocal agreement regarding the CRA was distributed to Councilmembers for review. This interlocal is designed to extend the authority of the CRA beyond January 1, 1996 to insure that the project is kept on schedule and funding is maintained. Councilman FitzSimons noted that the Council may not be able to act on this interlocal prior to January 1, 1996, and Councilman Reynolds noted concerns with certain provisions in the draft regarding town review and control of the project. Commissioner Judah responded he would do whatever he could to insure that the project's funding would be maintained until an interlocal could be finalized. Commissioner Judah then reported that the Town Council needs to look into and enact or opt into a series of additional county ordinances as soon as possible to ensure an orderly transition from county to local government. Attorney Bill Shenko agreed to and supported this notion. Councilman Murphy discussed the need for legal counsel to review all of these issues and actions. Item #7: Town Organization Issues Item #7A: Consideration of the City of Sanibel's Offer of Aid and Assistance Mayor Cereceda made a motion to accept the City of Sanibel's resolution and offer of aid and assistance to the town. Councilman Reynolds seconded, and expressed his appreciation. The motion passed unanimously. Acting Town Clerk Mills was then nominated to be Acting Town Manager on an interim basis. The motion was seconded and unanimously approved. (Agenda Items #7B and#7C were then temporarily postponed.) Item #7D: Discussion Regarding the December 31 Town Inaugural Celebration and Town Flag and Slogan Cherie Smith was introduced and discussed the upcoming December 31, 1995 town inaugural celebration and the recently held flag and slogan contest. She distributed an itinerary for the celebration, asked for recognition as an official town committee and for a decision on the flag and slogan contest. Councilman FitzSimons moved that Council approve the continued activities of the Town Inaugural Ceremony Committee to be co-chaired by Smith and Sandi Suter. Councilman Reynolds seconded. There was discussion that the selection of a flag and slogan at this meeting was for the inaugural ceremony only, and official adoption of a town flag and slogan would be made at a later date. The motion passed unanimously. Smith delivered a list of committee members to Acting Town Manager Mills. Councilman FitzSimons then moved to continue with the process of selecting a flag and slogan from the Town Inaugural Ceremony Committee's contest entries. Councilman Murphy seconded, and the motion passed unanimously. Mayor Cereceda then declared a recess of the meeting. Mayor Cereceda called the meeting back to order, and clarified that the selection of a flag and slogan at this meeting was for the inaugural celebration only, and adoption of an official town flag and slogan would be made at a later date. The Council then reviewed eight (8) slogans submitted by the Town Inaugural Ceremony Committee. After discussion and review, Council selected "Paradise Found", submitted by Greg Meissner as the slogan to be used for the inaugural ceremony. Council then selected a logo for the ceremony flag submitted by Albert B. Haab, featuring a shrimp boat, sun, shells and a bird. Item #7B: Presentation by Kurt Heyman, Florida League of Cities, Regarding Town Insurance Kurt Heyman, Director of Marketing with the Florida League of Cities (FLC), reviewed information on the FLC and a insurance binder that was put in place to provide the town with general liability and public officials liability coverage. The binder included $1 million coverage per occurrence. Other insurance coverage for the town was discussed, including property, workers compensation and special events coverage. Mr. Heyman explained the general liability insurance binder in place will expire on March 9, 1996, and an insurance agreement will be put in place prior to that time. Item #7C: Discussion Regarding Lee County's Proposal for Consolidation of Fire Department Services Attorney Bill Shenko, speaking for Fire Chief Jim Bradford, discussed a proposal by Lee County to consider consolidating services of numerous independent special districts including fire protection. Mr. Shenko solicited individual letters of support from Council members to maintain a separate fire district for Fort Myers Beach. Item #7E: Discussion Regarding Town Office Space Mr. Harold Huber reviewed alternative office spaces available for the Town Hall and recommended leasing the space above NationsBank. Rent would be $1000 per month including electric and water. Handicapped access would have to be constructed, but the cost of that construction would be deducted from the rent over time. Councilman FitzSimons moved the selection of NationsBank as the Town Hall. Councilman Isler seconded and the motion passed unanimously. Councilman FitzSimons then moved that Mr. Huber assist Acting Town Manager Mills in coordinating the establishment of the future office space. Councilman Murphy seconded and the motion passed unanimously. Mr. Huber then discussed the offer of a loan for start up funding from a town resident/business owner. Bill Shenko recommended Council direct Acting Town Manager Mills seek legal advice regarding this offer and look into the best approach to provide the town start up funding. Councilmember FitzSimons then moved to have Mr. Huber assist Assistant City Manager Mills in this funding research. Councilmember Murphy seconded and the motion passed unanimously. Item #8: Discussion Regarding the Next Town Council Meeting and Agenda After discussion, Councilman Isler moved to, at least initially, attempt to schedule regular Council meetings on Monday evenings at 6:30 p.m., excluding holidays beginning Monday December 18, 1995. Councilman Reynolds seconded. Attorney Beverly Grady noted that ultimately an ordinance to establish regular Council meetings would be required, and discussed other aspects of the limited actions allowed at special meetings and workshops. The motion was then unanimously approved. It was agreed to hold the next meeting at the Beach United Methodist Church. Councilman FitzSimons then moved to hold a Council workshop with Lee County staff regarding land use planning and permitting issues at 10:00 a.m. on Friday, December 15, 1995 at the Beach United Methodist Church. Mayor Cereceda seconded, and the motion passed unanimously. It was then agreed that on the December 18, 1995 meeting Acting Town Manager Mills would solicit letters of interest and Council would consider the appointment of an interim Town Attorney. Item #9: Councilmembers' Items and Reports Councilman Reynolds recognized Jodi Hester for her work on the Transition Team and the compilation of the Transition Team Report. Item #10: Public Comments and Inquiry Mr. Carlton Ryfle suggested the town look into options for providing handicapped access for the NationsBank office space, including an external elevator. Mr. Pat Loffreno inquired as to what the annual increases on the NationsBank office space would be. Mr. Bill Whittaker, representing the Quality of Life Committee of the Chamber of Commerce, discussed this committee's work on beach management and renourishment planning and pointed to the need for a Town Council 'Pointman' to coordinate the continuation of this work. Councilman Isler moved to appoint Councilman Reynolds as Council's 'Pointman' on this committee and all beach management and renourishment issues. Mayor Cereceda seconded, and the motion passed unanimously. Johanna Campbell requested that Council allow public comment on all issues at public meetings. Eve Haverfield offered her assistance to the town in issues regarding sea turtles and their protection. Don Deane suggested Council look into and discuss other insurance issues and needs at their next meeting. Being no further business, the meeting was adjourned. Respectfully submitted, William A. Mills Acting Town Clerk