Council OKs nourishment and legal rep
The Fort Myers Beach Town Council inched closer to approving a new Inter-local Agreement to enable the beach re-nourishment project north of Times Square to move forward. It also formerly accepted the resignation of Town Attorney Anne Dalton and retained the law firm of Fowler White Boggs for legal representation, effective Wednesday, June 7.
Council made a unanimous decision to co-operate with the Lee County navigation project, but will do a bit more research before giving it a final vote at its next regular meeting on June 21. The county has set a June 22 deadline.
The new town provisions of the Estero Island Beach Restoration involve a payment of $110,224 as full payment for its portion of the project -this amount includes all expenses including fees regarding easement cancellations and the canceling of the Inter-local- as well as a consideration of funding for new technologies to provide insight into being good Beach stewards; the responsibility for working out the vegetation plan with beach side property owners; and research into acquiring a permit to address issues of liability and legalities. The county will be responsible for inset re-mediation (payment for fixing any flaws or wrongdoings) with the project.
“With this motion is the understanding that on June 21 we will review it for a final vote and approval,” said Kiker. “In the meantime, questions and concerns will be directed to Mr. (Town Manager Terry) Stewart and whoever the attorney is working on it at the time.”
Jim Humphrey of Fowler White Boggs law firm will be the principal partner involved to represent the town in legal matters. Councilman Alan Mandel investigated legal choices for the town and brought forth the selection which was highly recommended by Dalton, whose work for the town was commended by Mandel in laying the ground work for the hiring of the firm.
“It afforded us an opportunity to have a firm with many attorneys with expertise in all the areas that we may need,” said Mandel. “In addition, they have an office in Tallahassee with attorneys who have had experience in state government, and that office may be in assistance to us in the area of lobbying. All in all, the proposal will run through our Fiscal Year of 2011 with a retained flat fee. The cost will be well within the budget for this town.”
The flat-rate retainer for the firm’s representation was proposed to be $8,200 per month through December 31, 2010. This would cover Humphrey’s time or the designee’s time as principal attorney for responding to general questions, attending council and planning board meetings, preparing ordinances, resolutions, policies and correspondences.
Humphrey, who was present at the meeting, said the firm would work up to 50 hours each for the months of June and July, but would bill the town for any legal work after 40 hours beginning in August.
“Beginning in August, if our time exceeds 40 hours, then we would bill $225 an hour,” said Humphrey. “When possible I will be here.”
Steve Boutelle of the Lee County Natural Resources Division was at Town Hall to answer any questions and concerns of the council members regarding the county side of the re-nourishment Inter-local. He will report back with the council’s latest round of decisions to the Lee County Board of County Commissioners.
“From a county staff perspective at this point, our direction is to build a project,” said Boutelle. “We’ve talked about some details in the language, and I think we are confident we can work it out. Conceptually, I think we’re OK there.”