The meeting was opened by Mayor Anita T. Cereceda, at 2:30 P.M. on

February 6, 1996.

I ROLL CALL

Anita T. Cereceda, Mayor

Don Stilwell, Lee County Administrator

Ted Fitzsimons, Vice Mayor

Bruce Faulks, Administrative Budget

Marsha Segal-George, Interim Manager

Roger DesJarlais, Assistant County Director

Attorney Richard Roosa

Bill Hammond, Administrative Mgr.

Council Members:

Rusty Isler

Garr Reynolds

Ray Murphy

Don Stilwell, Lee County Administrator, introduced his associates from the county to Mayor Cereceda and her staff. Mr. Stilwell said they were glad to be here and would like to help make the town of Fort Myers Beach successful. They would be happy to respond to any questions put to them.

II DISCUSSION RE INTERGOVERNMENTAL COORDINATION ISSUES

Rusty Isler felt that it would save the town money if they could use the county maps instead of having new ones made up. Bill Hammond suggested they contact John Davidson at the Lee County Tax Assessor's Office but that he didn't know how accurate the maps were.

Ted Fitzsimons wanted to know if the county saw any potential for Estero Island or Fort Myers Beach being involved in CRAs with the county in the future.

Don Stilwell advised that right now the cities all have their own CRAs and that was something they were very concerned about. He feels the CRAs were sold without a clear idea of what they are. They are county general fund dollars. Typically what they do is increase the tax base so that the county can forego receiving money for a short period of time. It's almost like an investment. When you use them, however, you are taking money out of the general fund, and when you start doing that you have problems.

Regarding the FPL project, it was noted that it had been explained that there were so many unknowns about this project that the contractors were just scared to death about what they would find and what they were going to have to do to complete the project. There are a lot of things buried underground around here and not much documentation.

Discussion centered on a pending project. Mayor Cereceda said she felt they were in a circular argument. The county wants the interlocal agreement signed before the project begins and the town wants to know where the money is coming from before they sign it. It's a catch-22. Is nothing going to happen until the interlocal agreement is signed, Mayor Cereceda inquired The project would have to be funded from the number of dollars available, the mayor was advised.

If Fort Myers Beach had not incorporated, what action would the county be taking right now, Mayor Cereceda wanted to know. Don Stilwell said that he could only speculate about this, but his recommendation would be that since the project is underfunded they should hold it up.

It was noted that when a straw vote was taken on building a pool, the results were 42% against the the construction of the pool. If the people come back and say that if the board finances a pool, they will maintain it, the board will cooperate, Mr. Stilwell advised. The money for the pool is still being held in reserves.

The straw vote started after the county got into trouble several years ago when they began new constructions without taking into consideration how they would be maintained, Don Stilwell advised. The county, he said, cannot afford to operate and maintain the new libraries, ball fields, parks, and swimming pools that have been built. Their policy now is that they can't build something unless they know they can afford to operate and maintain it. They cannot rely on big revenues always coming in. They are presently facing a 1.2 million dollar shortfall.

When you start taking money for one area, other people get jealous. We cannot spend general fund dollars unless we do the same thing throughout the county. What we do for one area, we want to do for all. Mr. Stilwell said. He also advised that he has never been anywhere in Lee County where someone has not said to him that they were not getting their fair share.

Mr. Stilwell said that Lee County had 11 CRAs, more than all the other counties in the state put together. We were starting to do things that CRAs were never set up to do.

Some projects, it was noted, we are required to do by law. Other projects, such as road construction, are part of a discretionary service. We need to know what people are willing to support and pay for. It was suggested that they work closely with the League of Florida Cities, which has packets of information to share with them to advise them what they should be doing and how to do it. It was also suggested that they contact MIS for input on things like zoning and permits and what they have to look for in the next couple of years during the transition period.

It was expressed that the town would like to have their own franchise for a cable. Would they have to negotiate for one with the county or with the cable company. Mr. Stilwell said that each franchise would have to be looked at on an individual basis. The county would like to cut out as much adversarial relationship as possible. If there is something that makes sense to the town and they want to do it, that's fine. They shouldn't care who does what as long as it gets done cost effectively. The county would tell them if they think they are overspending.

Regarding their franchise with waste haulers, it was noted that there were two things that could be done. Their town could impose a franchise fee on the hauler and that would be an additional cost to each of the customers. Another thing that could be done is the county could assign its franchise on Estero Island over to the town. Then the franchise fees would no longer be paid to the county but to the town and that would not pose an additional cost to the customers. The problem with that is that the county has an expensive recovery plant that our tax dollars are paying for. Revenues are brought in when haulers use it. But you can't force haulers to go to local land fills or resource recovery plants. By state law the county has a right to charge haulers for using their right-of-ways.

Mayor Cereceda said that we are not out to establish a new, independent type of government. We are not seceding from the county. But we don't want a duplication of effort in those areas where the county does a good job. We want instead to continue those services. But we know there is a cost involved. There are some things that we feel the local government can do better and we're looking for funding sources other than ad valorem taxes. One of the bases for incorporating the town was the fact that there would be funds available other than ad valorem taxes. We need to have an open communication with a concept of fairness here, and that's where it gets tough because we'll be reaching into the county's pocket. We are trying to structure a town, a minimal town, one that meets the needs of the community without all the gingerbread and add-ons.

Mr. Stilwell advised that the county has to gear down on the amount of services it provides. They cannot afford to do what they have been doing. A question was posed whether the same philosophy should be applied to road use. It was determined that the bridge was financed by the state. A toll bridge was suggested.

Regarding code enforcement, Don Stilwell advised they don't know what the county's role is. On general ordinances, it was noted that before incorporation back in December there was a memo that said there was a question in the county attorney's mind regarding the viability of ordinances after incorporation. It's not really a question of costs but is a legal issue. There's a difference of opinion on that and it needs to be resolved with the county attorney.

Another question posed was who owns what roads. The Parks and Recreation Department maintains roads. Rusty Isler said that people are resisting tax increases when the county needs money.

Don Stilwell feels the town would be better off if it allowed more law enforcement. Let the Sheriff know if more services are needed.

Regarding code enforcement, Mr. Stilwell said he hoped we would all get together to have a uniform code enforcement.

Marsha Segal-George noted that the town has to put a budget together by July. Dialogue is needed with the county on what their plans are for services, etc., for 1996-1997. The council has to understand what the county is going to provide and at what price so that they can then decide if that's what they want or if they want something more. We need to somehow plug in -- unless the county already has a plan -- on what its core service level is for Fort Myers Beach for '96-'97.

It was observed there were too many fire stations in Lee County, which made for an expensive duplication of services.

III ADJOURNMENT

The meeting was adjourned at 4:30 P.M.

Respectfully submitted,

Lorraine Calhoun

Recording Secretary

Page Subject

1 II Discussion re Intergovernmental Coordination Issues

a. Use of county maps

1. contact John Davidson at the Lee County Tax Assessor's Office

1-2 CRAs

a. the CRAs are county general fund dollars. Typically what they do is increase the tax base so that the county can forego receiving money for a short period of time.

3 b, Mr. Stilwell said that Lee County had 11 CRAs, more than all the other

counties in the state put together. We were starting to do things that CRAs were never set up to do.

2 FPL project

a. contractors scared to death about what they would find underground

2. Interlocal agreement

2 Pool

a. If the people come back and say that if the board finances a pool, they will maintain it, the board will cooperate, Mr. Stilwell advised. The money for the pool is still being held in reserves.

3 Discretionary service

a. Some projects, such as road construction, are part of a discretionary service.

3` League of Florida Cities

a. work closely with the League of Florida Cities, which has packets of information to share with them to advise them what they should be doing and how to do it.

3. MIS

a. contact MIS for input on things like zoning and permits and what they have to look for in the next couple of years during the transition period.

3 Cable

a. the town would like to have their own franchise for a cable.

3. Franchise with waste haulers

4 Code enforcement

a. Regarding code enforcement, Don Stilwell advised they don't know what the county's role is.

4 General ordinances

4 Roads

a. Another question posed was who owns what roads.

4 Parks and Recreation Department

a. The Parks and Recreation Department maintains roads.

5 Budget

a. Marsha Segal-George noted that the town has to put a budget together by July.