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COUNCIL OF THE TOWN OF FORT MYERS BEACH REGULAR MEETING - DECEMBER 28, 1995 Item #3. Public Comments and Inquiries Local resident Pat Loffreno expressed concerns regarding the loans for services. Vice Mayor FitzSimons responded that the Charter states that certain functions will continue to be performed by Lee County and that draft ordinances delegating responsibilities to Lee County are on this evening's agenda for adoption. Pete LeSich requested a report on the assumption of duties and services. Mayor Cereceda responded that the Resolution in Agenda Item #6 is a result of the recent County Commission meeting and addresses these concerns. John Jacobson explained that after attending an informational meeting regarding the proposed beautification project for the south end of the island he has changed his opinion on the project, and was very disappointed to learn that funds for the project are no longer available. He expressed that he would like to see the project completed. Mayor Cereceda advised that this area is part of the Community Redevelopment Agency's (CRA) plan. Vice Mayor FitzSimons noted that the bids for the project have come in much higher than contemplated. A meeting regarding this project will be scheduled for sometime in the very near future. The south end sidewalks are still under consideration. Bob Gaydos read a letter regarding the following: 1) Mr. Gaydos congratulated the Council members and wished them well. Mr. Gaydos also thanked the "Sister Community" of Sanibel for its help and thanked the transition team. 2) Mr. Gaydos offered his voluntary service for any Board, commission or committee created. Dr. Joe Croker congratulated and commended the members for their courage and encouraged them to proceed with caution. Phil Freeman stated he was there to represent turtle conservation and expressed his wish to have lighting ordinances remain in order to help our turtles. Item #4. Approval of Minutes - December 9, 1995 Special Meeting and December 11, 1995 Regular Meeting The minutes of the December 9, 1995 meeting were unanimously approved as submitted. The minutes of the December 11, 1995 meeting were unanimously approved as amended. Item #5. Presentation by Pete Knowles, Range Riders, Regarding the Full-Time Town Manager Selection Process Pete Knowles of the Range Riders, a Division of ICMA, presented a proposal to Town Council regarding the search for a full-time Town Manager. Mr. Knowles clarified his position as a "troubleshooter" and stated that he does not compete with the private sector. He functions as an advisor and a volunteer with no obligations to anyone. The Range Riders provide a list of questions and guidelines which most towns revise to fit their requirements. The Range Riders are interested in helping obtain trained professionals to assist and help new towns to develop and work under a strict code of ethics. They also help weed out "Job Hoppers". Mr. Knowles gave a brief history of his achievements. He recommended a workshop session to begin constructing a program outline for obtaining a quality Town Manager. Mr. Knowles mentioned that the average tenure of Town Manager is 4.5 years due to stress levels of the job. He estimated the time needed to search for a Town Manager is approximately 60-90 days and reminded members that the contract for aid from the City of Sanibel expires at the end of January. Mr. Knowles stated that he has two resumes to provide for the Council's review, but that he is forbidden by law to suggest acceptance/rejection of either. Mr. Knowles also provided a sample form for an ad to secure a Town Manager and a Town Manager profile. Mr. Knowles advised that key employees should be hired as soon as possible i.e., Town Attorney, and a Clerk to keep records/legal documents for the town. Mr. Knowles strongly advised Council to quickly terminate a manager who does not conform to the profile and retain the right to do so. Mr. Knowles reminded Council that the town, upon official vote to incorporate, is responsible for all the paved streets, drainage, traffic signs, police, etc. within its district. Mr. Knowles stressed that the arrangement/agreement of these services be handled promptly to avoid liability. He also stated that Council needs to address the issue of money to pay the necessary employees and salary ranges. Mr. Knowles outlined considerations for Council which need to be incorporated. Mr. Knowles suggested that a figure of $60,000 would be basic and that to get the better candidates the figure will need to be more. Mr. Knowles stated that the Range Riders program can help, but urged council to discuss and itemize. Councilmember Murphy asked about the placement percentage. Mr. Knowles responded that 80% of the time the selection is made from someone suggested by Range Riders. Vice Mayor FitzSimons asked how much time would be needed to set up the suggested workshop. Mr. Knowles responded about 48 hours. Mr. Knowles suggested that members sit in a pre-workshop meeting with Mr. Mills involved to establish an outline. Councilmember Isler asked if the same would apply if Mr. Mills would be an applicant for Town Manager and if there would be a conflict. Councilmember Reynolds commented that the workshop is very necessary and asked if Mr. Knowles would be included. Mr. Knowles commented that the town is in his service district. Councilmember Reynolds asked how much time would be involved in this meeting. Mr. Knowles responded that a workshop does not allow for public input, but public comments could be heard at a regular meeting. The public can attend the workshop but cannot comment. Motion: Councilmember Isler moved and Councilmember Murphy seconded that a workshop be conducted at 1:00 p.m. on Friday, January 5th, 1996. Motion carried unanimously 5-0. Discussion followed regarding handling receipt of resumes/applications received. Attorney Roosa advised that the items should be forwarded to and parties contact Acting Town Manager Mills. Item #6. Consideration of a Resolution Establishing an Emergency; Delegating to the Lee County Staff the Powers, Duties and Authority; and Providing Intent of the Delegation; Termination and Costs; and an Effective Date Attorney Roosa summarized the intent of each resolution for the council. Discussion followed and the question was posed if Roosa could assist in the hearing process. Attorney Roosa answered yes, but that he could not act as the Hearing Officer because of potential conflict, but that he could represent/advise whoever acts as the Hearing Officer. MOTION. Vice Mayor FitzSimons moved and Councilmember Reynolds seconded that the Town of Ft. Myers Beach accept/approve the Resolution as outlined in Attachment D [Option #2]. Discussion followed regarding monies from the county. Councilmember Reynolds asked if money could be obtained for services not chosen for use by Lee County. Attorney Roosa stated that it would be unlikely. Discussion followed regarding the Hearing Officer's function/interaction with the Council as to variance/zoning requests. Attorney Roosa clarified the position for the council. Mayor Cereceda urged the Council members to take the responsibility. Vice Mayor FitzSimons reminded members that the Charter stated the town would take on the decision-making authority. Discussion followed regarding the pros and cons of taking on the decision-making authority. Councilmember Reynolds argued that members would be more sensitive towards issues involving Ft. Myers Beach than members of Lee County staff. Vice Mayor FitzSimons stated that he does not see any benefit in adding 90 days to the education process of the council citing the low volume of applications on Estero Island. Mayor Cereceda summarized that Option 1 postpones the Hearing Examiner until 3/31/96 and that Option 2 states that we are going to take responsibility for everything. Councilmember Isler expressed concern about the lack of money and staff in taking on the responsibility to hear all items-he felt it was too soon. Attorney Roosa stated that the County would have a representative to present the concerns of the applicant(s). More discussion followed. Mayor Cereceda again stated the need for Council to set a precedent by taking control. The motion was polled and Motion carried 3-2 with Councilmembers Isler and Murphy dissenting. The meeting adjourned for a 5-minute break. The meeting reconvened 5 minutes later. Item # 7. Consideration of a Resolution Establishing an Emergency; Adopting the Lee County Department of Transportation Actions; Providing Intent of Adoption; and an Effective Date Attorney Roosa called attention of Council to Attachment A Florida Statutes 316.008 which imposes the duty upon municipality to make decisions of locations of traffic signals, and signs and pointed out that the purpose of the resolution before them was to accept the Statutes in place today so that the Sheriff can enforce the traffic regulations throughout the island. Motion: Vice Mayor FitzSimons moved and Councilmember Reynolds seconded that Draft Resolution 95-3 be approved. Motion carried unanimously 5-0. Item # 8. Consideration of a Resolution Establishing an Emergency; Waiving the Requirement for Competitive Negotiations and Contractors Bidding; and Providing an Effective Date Motion:. Councilmember Murphy moved and Vice Mayor FitzSimons seconded that Draft Resolution 95-4 be approved. Motion carried unanimously 5-0. Item # 9. Consideration of a Resolution Establishing an Emergency; Finding no Conflict with Certain County Ordinances; Providing Intent of Adoption; and an Effective Date Attorney Roosa told Council members that a fax was distributed by him received from the County Attorney's office that had to do with an opinion with regard to the applicability of certain County ordinances with the town upon incorporation. Attorney Roosa summarized that without any other action those ordinances would become void and have no effect within the municipality. Attorney Roosa continued stating that the purpose of the resolution before them is to acknowledge county-wide authority, to enforce these ordinances and declare that no municipal ordinances are in conflict. Attorney Roosa stated that there was one change on page 10 and distributed the amended page with the additional verbiage in the sentence under Section 3. Attorney Roosa recommended adoption with the amendment. Motion: Vice Mayor FitzSimons moved and Councilmember Reynolds seconded. Motion carried unanimously 5-0. Item #10. Council Members' Comments and Inquiries Vice Mayor FitzSimons urged taking up the item of Core area redevelopment/master plan. Wallace, Roberts & Todd (WRT) has prepared a Master Plan for consideration. Mr. FitzSimons requested that all council members get copies of the plan and for a meeting in the near future on the subject. Councilmember Reynolds commented that he would like to hear from members of the public who have been involved in the project. Councilmember Isler expressed concern about the scheduling of a rezoning item which is in the process. Attorney Roosa assured Council that the applicant will work with council on this item. Mayor Cereceda commented that recognition of all the candidates be made a part of the history-making process of the city and asked for support to make a presentation to those people. There was no objection from council members. Mayor Cereceda stated that she will proceed. Item #11. Public Comments and Inquiries Gordon "Flip" Harby congratulated and urged members to sign all interlocal agreements and prioritize items. Mr. Harby stated that there were more important things to be done and that he felt the decision of tonight was premature. Pat Loffreno expressed concern that we need to select a local Town Manager rather than import a high priced manager from elsewhere and recommended John Chestnut. John Chestnut thanked Mr. Loffreno and expressed his desire to be Town Manager to Council. Dan Parker asked if all the items have been addressed. Mayor Cereceda responded that the ordinances adopted at this meeting have addressed many of the issues and read them into the record. Item #12. Selection of Date, Time, Location and Agenda for the Next Town Council Meeting Discussion ensued during which the next regular meeting was scheduled for 1/8/95 at the United Methodist Church on Bay Road commencing at 6:30 p.m. Cost of church space will be $85. The Town Manager selection workshop will be at the NationsBank facility, Second Floor at 2523 Estero Boulevard, Fort Myers Beach, FL from 1:00 - 3:00 P.M. on January 5, 1996. Item #13. Adjournment With no further business to come before this Town Council the meeting adjourned at 8:50 P.M. Respectfully submitted, William A. Mills Acting Town Clerk    |
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