The issue of whether or not to renourish our beach has been an issue for nearly 12 years, and the latest Inter-Local Agreement (ILA) between the Town and the County for an island-wide project was dropped after not enough easements were obtained. The modified version agreed to by the county last week calls for renourishing the north end of the island, from Bowditch Point to the pier, as well as the the construction of a terminal groin in Matanzas Pass, but island residents are concerned about what will happen to the easements signed by people living outside the area that is now going to be renourished, and some see this as an opportunity for the Town to craft a beach management plan of their own.

Stewart Signs Agreement, Green Thanked for Service

The council began the meeting by unanimously voting to approve the contract for Interim Town Manager Terry Stewart, who agreed to a base yearly salary of $100,000, with total compensation including benefits to be approximately $145,000. The agreement states that the Interim period will last 7 months, after which council will conduct a performance evaluation and both parties will decide whether or not to continue the agreement.

"I'm looking forward to working with you and excited to learn more about Fort Myers Beach,” said Stewart. "There are so many of you to meet, and I promise to work very hard and do everything I can to make you proud of this town.”

Following Mr. Stewart's formal acceptance of the Town's employment offer, the Council gave outgoing Interim Town Manager Jack Green a key to the city. This was followed by proclamations issued by all the Town's advisory committees, after which an emotional Green took the podium and thanked the Town for allowing him to serve.

"It's been an honor and a privilege,” he said. "I'll cherish these five years.”

Achievements and Recognitions

Councilman Bob Raymond recognized Councilwoman Jo List for her work on the Horizon Council, and Mayor Larry Kiker informed the council that SOODA founders Pat and Mary DeVincent had recently relocated out of the area.

"I was not aware of their relocation, and I think that Council needs to write them a letter and thank them for their civic duty,” he said.

Advisory Committee Updates

Jim Rodwell, Chairman of the Community Resource Advisory Board (CRAB), gave the council an update on the upcoming Beach Leadership Conference, which they would like to have in June.

"We are planning a 3-day conference with up to 35 partipiciants on a first come, first serve basis,” he said. "The conference will include things like visits to the Mound House and other places of significance to the island, and on the last day participants will conduct a mock council meeting.”

"We have budgeted the conference at $5,000, and we have about half that so we are seeking a sponsor for the other half,” he continued, after which Mayor Kiker asked staff to place $2,500 in the Town's budget just in case a sponsor was not found.

Marine Resources Task Force (MRTF) member Charles Hester informed the council that nominations are now open for the John Mulholland Stewardship Award, and that applications will be distributed via Town Hall.

Public Comment

Recognizing the fact the issue of beach renourishment would be a lengthy one, the council decided to hear some public comment and begin discussion of the issue that morning, with a decision delayed until Wednesday before their regularly scheduled management and planning session. They also agreed to move one of the agenda items – funding requests from the Tourist Development Council (TDC) to Wednesday morning as well.

Nearly all public comment heard was related to the nourishment issue, some more heated than others.

"I've been a homeowner since 1962, and most of the councils have seemed to have had our best interests at heart until this council,” said a frustrated Edwina Foster, long an opponent of beach renourishment. "Despite repeated statements that we do not support beach renourishment, you continue to cram it down our throats to the point of harassment.”

Frank Schilling urged the council to kill the ILA entirely.

"The County is trying for a new deal to restore the Bowditch Point erosion caused by last summer's dredging fiasco,” he said. "The County's new deal eliminates a federal funding but keeps easements, and doesn't identify where and how much will be re-nourished.”

Joanne Shamp, Chairman of the LPA, spoke next of her concern about the easements.

"This is non federal project, and other communities have not had to sign them for projects like these,” she said. "This is a big deal and I plead to the council to protect property owners on island and cancel the ILA so that these easements are rescinded.”

Shamp asked the council to acknowledge for the record the others present at the meeting who wouldn't be speaking, and Mayor Kiker did so, asking for a show of hands and stating that there were 16 present opposed to the county's plan.

Another LPA member, Rochelle Kay, spoke about her concerns with the terminal groin, saying that it was not designed properly and not legal without a permit from the Town.

Jim Stevens said that the issue was actually one of trust.

"I agree with the other speakers, and I would like to speak in regard to Strandview and trust,” he said. "When I moved here in 1995, both the county and Mr. Boutelle came to me regarding easements. Since we rescinded them, they have made many changes, and now say we have to pay for them for them to be rescinded! Can we trust people and what they say? I ask you to start over from scratch, it's important that we regain trust in our county government.”

Voicing the lone comment in favor of renourishment, Carelton Ryffel said, "I've been working unofficially to help secure easements on the north end of the island. I believe that well-informed decisions are the best, and that people need to understand the implications of not signing these easements (as he shows pictures to council of a beach where one homeowner had not signed an easement).”

Council began discussing what to do next, weighing what the residents had said and asking staff how to proceed.

"We've been asked for direction as to what to do to move forward,” said Interim Manager Terry Stewart. Anne Dalton's recommendation was that the council re-do the ILA completely even though the County has requested that the Town agree to a revised version of the original.

"Rather than ending the agreement, they are saying to keep the original and change it?” asked Kiker.

"Yes, and for a number of reasons I don't think that is in the Town's best interests,” she replied. "The next piece of this, is that I think that the Town's share be calculated based on the non-County properties, and while I have not done the financials on that I believe that the Town's contribution would be lower.”

"Beach nourishment, I think we do need it in some places,” said Raymond, beginning the discussion of where to go next. "But I have major problems with this amendment, I think we need to rewrite it. As far as easements, I am a 100% behind rescinding them because none of them are relevant anymore. The north end needs to get done, and there are few hot spots on the south end.”

"Nobody in town denies that there are some areas that need attention,” said List. "Causes of those areas are up for debate. I think that maybe it's time for us to take a little more ownership and responsibility for what's happening on our beach - perhaps now we can really get in the driver's seat, step back from this - I currently am not in favor of the ILA as it stands.”

Dalton expressed concern that if the council formerly cancels the contract, they could be held liable.

Councilman Herb Acken was adamantly against abandoning the current ILA.

"Dropping this ball now is a huge waste of taxpayers money, and I can't believe a few people with questionable science can cause this to be derailed,” said Acken. "Some of these people don't even live where the easements are! And there are no dunes in this project - its duning and vegetation! You don't get rid of a bird in the hand to get two in the bush - we have an agreement in hand now. All that new technology you guys keep talking about for beach management - how much is that going to cost? Where is the money going to come from?”

"We need to send the county a letter of intent with what we want,” said Kiker. "This will explain ourselves and where we are.”

At this point, discussion was tabled until Wednesday morning. The council moved on to other items on the agenda, including a revision of the animal control ordinance (scheduled for an upcoming meeting) and agreeing to ask Mr. Stewart to compose a letter to the South Florida Water Management District stating issues that the Town has with the water quality classification changes.

Continuation of Monday's meeting

Wednesday morning's contination began with public comment, and Frank Schilling and Joanne Shamp again voiced their concerns with the ILA.

"This council has taken on the huge job saying you're going to make a decision, and I commend you for that,” said an emotional Shamp, who has spent a great deal of time researching alternatives to renourishment. "I am proud that you are taking into consideration the people whose generations of family has walked these shores.”

Mayor Kiker began by asking the council what they wanted to add to the ‘letter of intent' discussed on Monday. Both he and Councilman Babcock had drafted possible letters to the county, with concerns listed. After much discussion, the council agreed to ask Interim Town Manager Terry Stewart and Town staff to draft a letter separating the issue into three parts:

One – the current ILA agreement, where the Town feels that it stands; Two – the Navigation Project – separating the Matanzas Pass groin construction portion of the project away from the renourishment part; and Third – Beach renourishment, redefined as Beach Management.

The council then brainstormed about what to include under each of these headings, and came up with the following:

1. Recognition of the fact that the 90% easement requirement has not been met and as a result the Town accepts the unilateral termination of the agreement; easement administration; remodification of existing agreement.

2. Continuing maintenance of Matanzas Pass - currently dredged every 6 years, a clear engineering plan, including placement of dredging spoils and groin design; recognition of sand bar in the pass as a renourishment source; permitting; funding; joint project development, inclusion of the south end pass (Big Carlos).

3. Recognize and utilize existing studies; beachscape (voluntary); recognition of finding of facts in existing permits; funding; easement acquisition; regular maintenance programs for new hotspots; identify manmade erosion issues; storm water management; the upcoming U.S. Supreme Court decision on property rights regarding easements; sand placement; introduction of new technology including placements of pyramids and netting; development of educational stewardship (Shamp's contribution); existing ordinances (Schilling's).

"I think we should add something where, by dropping the ILA - and I don't think I can stop you - you should add where neither party would suffer a penalty,” Acken added. "Also we need to ask the county how much reduction in scope would invalidate the current permits, as there may be five years before we see sand anywhere if you do that, especially if you invalidate the permits.”

Kiker directed Manager Stewart to draft the letter, and have it ready for the council's approval at a future meeting.

"I would like to have this come before council after the election, so that the residents can weigh in, as well as the next council,” suggested Acken. Stewart then stated that he would ask the county what kind of timeline they were looking at for a response, and then report back to the council.

TDC Beach and Shoreline Project Descriptions

The final agenda item carried over from Monday's meeting was TDC Beach and Shoreline Project Descriptions.

Despite the Mayor's assertions that the council find ways to ask for Mound House funding, since it was not listed as one of the projects, the consensus was made not to include it during the discussion.

This left the three projects that were on the list, as follows:

1. "The beach and shoreline maintenance application will be consistent with those submitted in previous years, maximizing the Town's reimbursement of eligible expenditures from the grant program for the beach, beach accesses, Mound House and Newton properties as well as replacement of signage at beach accesses and repair of several dune walkovers (~$405,144).”

2. "The Newton seawall capital improvement request is based on an assessment by Coastal Engineering Consultants, Inc. that recommends repairs to the cap and precast seawall panels (~$158,700).”

3. "With input from Town Council at the December 21,2009 meeting, Staff also recommend submission to TDC of a feasibility study to determine alternate beach preservation technologies that may reduce or halt erosion and potentially begin sand accretion in lieu of traditional beach nourishment (~$100,000).”

Only the third project brought disagreement amongst council members. Outgoing manager Jack Green explained that, since the council had brought the topic up during beach nourishment discussions, the staff had decided to ask the TDC for $100,000 for the study of new beach preservation technologies. Kiker cautioned against this, saying that he was worried that asking for that funding would hamper the Town's negotiations with the county about beach management.

"We could put together a very viable program with that amount of money,” Babcock countered. "Including maybe even trucking in sand, like Sanibel just did, that was paid for by the TDC.”

"I've heard the comment a number of times this morning that our marine geology here is unique, and therefor that solutions that would work in one place may not wotk in another, so the idea is to have studies done that have the best possibilty of success,” added Stewart.

"I move that we approve the funding request to the TDC,” said Babcock, and List seconded it.

The motion passed 4-1 (Kiker dissenting).

The next meeting of the Town Council of Fort Myers Beach will be held on Tuesday, February 15^th at 6:30pm. The next Management and Planning meeting is scheduled for Wednesday, February 24^th at 9am. For more information, including supporting documents and agendas, go to www.fortmyersbeachfl.gov.