All right, welcome everyone. Um, today's Tuesday, November 4th, 2 p.m. regularly scheduled meeting of the Fort Myers Beach Charter Review Commission. Call the meeting to order. So, rise for the pledge of allegiance, please. I pledge allegiance to the flag of the
United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. >> Thank you everyone. All right, let's go through the roll
call starting down on the end. Michelle >> Michelle Churnney. Michelle Churnney. >> Thanks. Jim Dunlap, >> Beverly Milligan, >> Ryan Thomas, >> Anita Sarasa, >> and Ed Skunover. Here's some coming in
via Zoom. Ed, you're there, sir? >> Yes, sir. Can you hear me? >> Okay, good. So, I'd like a motion to accept a remote participation for Ed from someone, please. >> So, move. >> Support on that. >> Second. >> All those in favor? I >> I.
>> Motion carries unanimously. All right. I will open the public comment session of our meeting. Seeing none, I'll close that just as quickly. Um, let me um I've got under this Well,
first of all, I'll get the minutes out of the way. So, you all received the minutes from our first organizational meeting, which we'll finish on some of that today. Can Can I get a motion to read that in the record, please? >> Yeah, I'll move that. >> Thank you, Hank. Support for that. >> Second. >> Second by Brian.
All those in favor indicate by saying I. Any opposed? Motion carries unanimous. >> Okay, let me do a few updates if I can. First of all, on the agenda itself, um I passed around the uh meeting
schedule, which you've all seen before. It has not changed, but it does have the articles that we're going to be covering in each one of the meetings. further clarified. The um agenda may have looked a little bit confusing to you that were looking at it for the first time or
maybe the public. We've got the um old business, the three we're going to talk about today, and the new business, the two we're going to talk about next month. So, I just want to clear that up for us and the public. We'll be doing articles one, two, and three today, and then moving articles four and five for
our meeting on December the 2nd. So, that's a change I want to make. If I can just get support for um a final agenda then with those changes please. >> So moved. >> Okay. >> Second and second from Hank. >> All those in favor indicate by saying I. >> Any opposed?
>> All right. Motion Kan Manisley. All right. Now let me um go through the next document if I can that I handed out to you. I I titled it chart review committee article discussion protocol. I put this together um to get a reaction
obviously uh to provide some leadership on a potential process to go through this um and my methodology around this is to get full participation to get the group think to get some public um feedback while we're in the moment and then to
call the uh formal A's and I's on um on the changes we we promote or represent to make. So let me run through this quickly. Literally starting today, I will read for the record each paragraph of the articles that we're covering and obviously continue with paragraphs where
where it makes sense to continue doing that. I will then call on each committee member including the alternates by the way for full participation in the conversation. Um each everyone will have a reaction or none or recommendations to that as we go through that. We'll keep
track of those until everyone is finished. I will do the wrapup on that and then I will open it for general discussion on the items that we've all brought up so we can get some feedback on that. So then after we all have a chance to have those conversations, I'm
going to ask for public feedback of the people that are in attendance, close that, and then we'll call for a formal vote on any recommendations or changes from the voting members, which would not include the alternates as long as we have a three-person quorum, but they will have the benefit of that full uh
conversation embedded into our into our thinking. So I'm putting that out to get some reaction to that. any changes to that. It's what I want to follow to go through the whole process from now to April if it meets your approval or if there's something you want me to think about or adjust. It's just to uh put a straw man
out there and get something formalized. >> I think it's great and thank you for including the including us on the back for the backup. >> Okay. >> Anybody else? >> I wonder if we need to have individual member comments or could just open it up
for discussion. >> Take either one you want. Uh because uh >> to combine those two you're thinking >> I think so. Okay. That's my thought is that >> you want to talk then talk. >> It will move along quicker if we could do that. Jim seems to >> Anybody have any concerns about that
change? >> Ed, how do you feel? >> Can I just add one thing? If if the members could please not only turn their microphone on, but get nice and close to them. I'm having a hard time naming some of the members uh over online and I'm
sure the the YouTube uh broadcast would the audio would be the same. >> All right. So, the recommendation was to combine the group discussion, individual conversation, just open it up as we read the paragraphs, get everybody's input, then public comment, and then formal
votes on the recommended changes. >> I think that's a great procedure. Thank you. Okay. >> Thank you. Appreciate that. That'll work well. All right. So, let me then give you a couple updates before we get into
article one. Um, first, Florida GF Coast University. I had Amy send out a deck today. Um, we couldn't because of sunshine restrictions pre-arranged these conversations about the deck ahead of time, but I did meet with um Will and
Tracy on the conversation we had about getting some involvement from the university. Um to their credit, they had watched the last charter review committee and had already made contact to the university about setting up a
meeting which they had already. They came in contact with this gentleman um Dr. Robert, what was his last name? >> Lee Lee. >> Lee. Yes, Robert Lee. That's right. Uh former city manager of Naples. So he's got a big background in the city government, municipality, how this
works. done many many charter review sessions and looked at charter recommendations for folks and has offered his advice, counsel and um recommendations to us when and if we need them. We spent an hour with him at
1:00 today uh by video. I sent you the deck he covered. It does a very nice job of looking at the iterations of structures of municipal government. Scott was in the meeting too, so he'll have his own color commentary. But I thought I would spend just a moment and
give you some findings that he had from that, the color commentary, if you will, just to kind of guide our conversation, which is why I still feel we're in the or early organizational uh days of making sure we flow well. We're only going to cover those first couple today.
Um first three today rather than going any further. Um he was complimentary of the charter, well thought out. Those of you that had a hand in that from before, um thought it was straightforward. It did most of what it should be doing. Um
he said that you don't have to make changes where changes aren't necessary or needed. So don't feel compelled as a commission to do that. Um he's seen all kinds of iterations of meeting several times a week and doing it in six weeks or um meeting as we are which he thinks
is a more methodical and appropriate way where you were going to get feedback organically as well as some of the more formal stuff we'll do. Thought our schedule was great. It had a deadline. The process that um we just agreed to um he said most folks don't go into with a process. They just have general
conversations and you know how those go. Um so he was very um complimentary of that. He talked a little bit about the the history of um these local governments in Florida and there was uh
some formality put around what local governments could do in 1968 as you saw in his document codified in the early '7s that basically said if it's not restricted by state or federal the local governments can do that. And that was
the genesis of local rule and all these things Anita and Hank and others would know very very well. Um and he said that was the beginning of things taking their own local flavor and having their own local priorities and local involvement. Um, but he said over time, as we all
know, there have been more and more, as he put them, unfunded state mandates coming down from Florida that basically has collapsed home rule down to these are the things you will do them, by the way, do them to you have less of that
inventory than you had back in the uh the 70s. So, that's a reality what we're working with. And so he encouraged us to make sure that we didn't self-restrict any further our council and the ability for them to flow with the moment. So the
more general we can be with getting our mo our point across and the more open-ended we can be about the discretion that our our governing body should be able to use, we don't want to become another guardrail around them when there's already so much of that coming down. And I thought that was
really well done. In fact, he said since the early 70s, there are 1,050 unfunded state mandates that have come to local governments, just to put that in perspective. And there are 412 cities, municipalities in Florida. So, just think of that burden that came down
from on high about what we have to operate. So, I thought that was um really good guidance. The other thing he said and this this aligned very nicely with what Nancy said to us last time is he would suggest that we keep two lists
purposely have two lists. The ones that we want in the charter and we believe strongly ought to be embedded in the charter unlike things that he reflected on that are now in our state constitution. um gambling and marijuana and all that stuff that doesn't belong in the
constitution, but people had their reasons and emotion around uh referendums to get that done at the time. The things that we feel ought to be in the charter itself, our recommendations ought to be clear to our council on that. And then he said that all the other things we have concerns
about, we have on a separate list. We may be equally as passionate, but council ought to have, and they will anyway, just from us, discretion to put that in the categories that you may recall. Nancy talked about policies, resolutions or ordinances that they get to do. And he said if you keep it clean
that way, it it's it's a lot more clear on our intent and certainly council has choice to do either way, but it just kind of frees up the debate on what we believe ought to be the people and what we believe the people's representatives ought to be dealing with. I thought that was good advice, too.
He went through the four forms of government. I won't go back through that. You know, we operate with a council manager. We have a CEO will and reports to all of the counselors uh equally and that's a professional manager. We've chose to do that very consistent appropriate for communities
of our size and where you need the professional leadership without the uh intricacies that come with having a strong mayor, strong personality or or individual representation in that regard. The thing I thought he that I found really interesting is he said you ought
to, and you may have seen it in the write up, make sure you have the form of government that deals best with the times when you're under highest controversy. So those would be obviously disasters and maybe today's political environment, too. Will is not impeded by
those conversations and doing his professional job and carrying out his responsibilities. strong mayor and council. The other type of government as well the other two hybrids in there get very caught up in and um very seduced in if you will to participate in some of
the crossfire and he would suggest that unless it's not working and we don't feel being productive keeping your former government out of that tit fortat is a very important part of the process. So, I thought that was good advice, too. And it made me feel good that we're
weathering some of those we've gone through in our last five years pretty well. And it certainly seems to has have um served us well. Um we talked a little bit because I'm getting some feedback, some of you may be too, about districts versus at large.
Um he was very clear about when you have a small community uh six mile island it's really hard to divide it up in any sort of proportionality that uh doesn't inflict some sort of um local consequence to it. But he went on to say that if you ended up doing something
like that with the five counselors should be one if not two for sure uh that are elected at large to offset and mitigate that. And then the last thing I asked him about was um majority vote. And as you've all been through the charter several times now as as as I
have, you'll see in there that a majority vote of council can control most things including hiring, firing, and of that. I asked him what he sees because there could be agendas with candidates running that want to get that that type of a vote and then there could
be the other way around where you want to make a change and you can't because you need four votes. um he didn't really come down strongly on one side or another other than to represent that um it does cause a great deal of um delay
is the wrong word. I don't want to put it in there. But if you got a non-performing individual and you can't get the fourth vote, removing people's heart and if you have a political situation, getting the fourth vote stops some of that, too. I just put it out for the will of the conversation so we think through those lenses um when we start to
go through the actual document. Um so we can have him back. He's going to be at our beck and call. Let me pause here for a second. Scott, ask you is there anything I missed in the recap to the group that you want to highlight since you were sitting in a live meeting? >> No, I think you covered everything and well done.
>> We can have him here. I'll pre-arrange that when it's appropriate for y'all. we may have some things we need advice and counsel on and want to talk about. Um, we also brokered the idea I chatted with you all about last month. Um, and he is in charge of the professional
internship program for them, the master classes of people that would be available and have um hearts and heads and minds and legs for us to uh do things particularly around research. Um, he's going to send me some more information on that. that may invite him
back to talk to you all about um an assignment should we choose to do that. Um it would be a direct reporting relationship to someone here at town hall. So this is serious responsibility. 300 hours of committed work um paid program. Um but Will and Stacy have um
Tracy have some other many other things actually they want to have him work help us with on on the half the town. So, more to come on that and if you have any feelings on that, fire them off to Amy and she'll get them to the right people uh on your any reaction to that. But that is an offer that's out there now
and he's going to um send us the documentation to do that if we choose to and then we have full access to that individual to do many things for us including research and recommendations and all the things that would happen with that. So, that's the quick update. Any questions for me on that preliminary
meeting with Florida GF Coast? Sound okay? >> Fine. >> Good job. >> Thank you for doing it. >> Oh, yeah. You're welcome. >> Um, we talked about the professional survey um that is um in Will's hands right now. Um to give us a
recommendation on both if he thinks that would be helpful and give us that formally and also any budget around that. Most of these charter review commissions, as I've looked at several of them, um do have some allocated budget for research and other things
that go through it. So, we'll handle that at the next meeting. Um but I have gone that far with it to uh get Will involved so he can do it above board and do it the bidding process and do all the stuff you need to do and then bring it back to us for a for reaction recommendation.
All right. Um, one other thing that we didn't cover at the first organizational meeting has to do with absences. Um, so I have made a recommendation to
our town attorney that um, as we do with our other commissioned responsibilities on the island that we have a fairly short time here uh, together and we have a a lot to get done and we're going to develop cohesive personality. So being
here is important even remotely. So I recommended to her that we would suggest that if you miss two um meetings unexcused absences um that you'll be removed from the charter review commission the alternates
would then slide into a permanent role. So is there anybody that has any sort of heartache around that approach from a fairness state that >> yes if you would miss two unexcused charter commission meetings where we don't have advanced notice or there's no
opportunity to do remote and we we weren't aware of that we obviously could possibly lose a um uh a vote for of the hole if you will. So that would you'd be excused from the commission and one of the alternates would step in to fill
that full-time role. >> If I can just add that um and and that could be the recommendation to the town council um because it's the town council that appoints. So it would be the town council that would remove. However, I'm
certain that they would take your recommendation uh to heart. >> Okay. Brian. Yeah. Chairman, just as a matter of uh uh housekeeping, these meetings are all scheduled at 2 p.m. >> That's correct. >> Okay. Thank you. >> Uhhuh.
>> Anybody have a reaction to um giving that to Councelor Safford and having him bring it to the committee of the whole and um put that in writing for us so we've got enforcibility around that and the ability to promote a alternate should if need be necessary. >> Jim, I'm assuming that that this applies
only to the voting members. >> Correct. >> Okay. No heartwear on it. >> Nancy, any additional information you need? >> No. Um I think um Scott will probably talk about the resolution that they just
uh approved. And what we would do is probably take that resolution back and add that additional um request. >> I think that would be excuse me I think that would be the cleanest way to do it. And we we took your recommendations from last meeting and worked out the
alternate situations. So, um, everyone was on board with it. With regards to the, uh, survey, um, we want some more information, cost, what what we're going to get out of it. There could be some money in the budget to cover it. Not
specifically for the charter review committee, but we could we may be able to withdraw some funds. >> Great. >> If it's beneficial to the town and and to the entire process. I was able to clarify with the town manager um that we
will have do have access to include in that process only those registered voters um that have the ultimate say in the workings of our town so we can restrict that down to its mailings and its accountability around that when we get our results. Just something I had open last time for you guys to follow up
on. >> You sure me? Does the absence policy apply to other committees also that too? Is that right, Amy? >> It does. It applies to council, LPA, um,
a lot of the advisory committees. >> Okay. I don't remember that, but thank you for the reminder. >> The key there is unexcused. >> That's right. Right. >> Okay. >> Doesn't show up. We weren't aware. Couldn't make other arrangements. That type of thing. >> Right. >> Risk of a quorum. >> Thank you. And you can always reach out
to me if you need an excuse. Excused. I'll bring it before your your committee for you. >> All right, those were the miscellaneous items I had. Does anybody else have before we get into the review of the
first three um articles? Anything for the uh good of the cause that you want to be included in the dialogue up front? >> Mr. Chair, I would suggest that either you or Scott um discuss the resolution that was passed uh by council at their
last meeting at your request to highlight for the public, those that may not have been aware of it, um what the role of the alternates are. And I think this is on page nine of 16 of your packet. [Music]
>> Mr. Sheriff, if you you could my computer's over there. >> Please. >> No, please. >> The role the alternates is your question. >> Yes. Just for >> Yes, sure. So, for the record, um, we have taken the position that our alternates
are vital and valuable to us and full participation and conversation on all the topics. They will be called on, their insights will be included, their recommendations will be taken seriously. The only restriction will be down to the actual voting and codification of the
final recommendations that they would not be included in unless or until they are called upon in an absence of a quorum for the group and then they would be full voting members. That way we get the benefits of their experience, their insights and recommendations. Um that
can only be helpful to us in the end. the the chartered five members have to make the call on the final decision, but their insights uh will be helpful to get to the right answer. >> And that was passed unanimously by the council. >> Great.
>> With a caveat uh Mr. Chair of uh in the event that only one alternative has to come in on a voting situation, it's been chosen to be alphabetically. >> I think that's wonderful. And I don't know if you've re thought that out cuz I didn't figure it out yet, but whatever
that is, it is. >> It It is in the >> No, it's in there. It's alphabetically alternates. >> Um they shall alphabetically rotate in filling occasional absences of appointed members. Also, just a reminder that the alternates are still subject to the
Sunshine Law and the public records law throughout the duration of their appointment. >> Excellent. >> Okay. Any questions from the alternates on that? All good. >> All right. So, any other business we need to attend to before we get into the
first u first section here, right? >> All right. So, as for what we put here, I will read the uh paragraph and then um as our council was given to us here, we'll open it up for conversation. We'll then open it up for public comment and
then we will obviously take our vote on the recommended changes that um we feel we need to incorporate in the next round of this. So article one corporate name purpose of the charter section 101 town of Fort Myers Beach the
municipality hereby established shall be known as a town of Fort Myers Beach. Anybody want to delve into that at all? I think we're all good. There has been a lot of historical conversation about the name. >> Pretty happy where it sits right now.
>> I'm happy with it. Yes. >> Everybody else feel good? >> Great. >> So, the only deviations that I have seen is the fact that Fort is not spelled out. >> Yeah, >> the charter does say that it is spelled out. Um, and the decision is really to call it, and Nita, you probably know
more than I about it, to call it a town because in the alternative, you could be a city or you could be a village or, you know, another thing. But, uh, they've been the town of Fort Myers Beach for many years >> that no one wants to change. I love it.
>> And also, I do want to point out that it is quite costly if you were to do some kind of change like that. Yeah. >> Not time, place, or necessary in my mind. I don't know if anybody else feels any differently. You all good on that? It's going to be Fort Myers Beach.
>> All right. Section 1.02. Purpose of the charter. The charter is ordained and established by the people of the town of Fort Maris Beach, Florida to promote the general welfare and common good of the community by providing the framework for a municipal corporation to exercise
municipal home rule powers under the constitution and laws of the state of Florida. Open for comments. I just would underline the home rule uh because uh as has been pointed out, we
have a lot of unfunded mandates that seem to uh supersede home rule and uh we have uh always struggled with that and it's it is uh it is good advice for us not to give uh
as the professor has indicated any leeway and keep our our uh powder They're dry, you know. State unfunded mandates total 1,50 since 1978. So, if you just want to make a note of that, that's good counsel and um
highly emphasized. Anybody else on section 1.02, please. All right. Article two, territorial boundaries. >> Boundaries of the town of Fort Myers
Beach. Oh, boy. Territorial boundaries of the town of Fort Maris Beach upon the date of incorporation shall include the following areas situated in the county of Lee, state of Florida. Corporate limit lying offshore from Stero Island. Which line is described as follows. all
of that part of within 1,000 feet in the Gulf of Mexico as it says here and 1,000 feet in the inland bays and parallel with the shoreline of Sedestero Island excluding all of San Carlos Island,
Black Island and structures exclusively attached there too. Open floor. >> I would add one uh Mr. Chair, there was a question brought up recently. It was in the anchorage committee and it had to
do with the Estraita the south of Fort Myers Beach and if that thousand ft went into I believe that' be called St. Carlos Pass. >> Yes. >> Or not. And it and it isn't it isn't
exactly expressed in this language here. Um it says the inland bays, but uh the point that was being made is that the St. Carlos Pass isn't necessarily an inland bay. >> So that was a question that was brought up recently.
>> Any of our historians on this group have any context or perspective there? >> 38 years and that's never come up. So I think that's or however many years I that that's very interesting what the Anchorage Committee brought up. That's very interesting. I don't think it hurts to add it.
>> I wasn't aware of it either. >> Yeah, me either. It's never come up before. >> So, >> Ed, did you have any recommendation? >> Thank you. Exactly. >> I'm I'm sorry, Mr. Zuba. I have a hard time microphone. >> I'm sorry I didn't speak. Did you have a recommendation about that, Ed, that
you've heard wanted to >> Well, I would think that and I think from enforcement procedure that we would want to include that,000 ft. Um that is Fort Myers Beach and it and it goes into the Gulf
>> of Mexico as this uh statement this document says and into the bay. Um the only difference would be the land on San Carlos Island. Uh Fort Myers Beach still has control over the waters
to the land of St. Carlos Island. And I think that we should probably legally be interested to see what Nancy says have controlled that water towards it would be towards Lover's Key. I guess you
could would best describe it. >> Um, it would be defined Nancy help us here. It would be defined as the shoreline from uh our island to uh the middle of the back bay then or a middle
of the channel. Is that correct? >> Yeah, the 1,00 ft. Maybe we can use the 1,00 feet that would extend contiguously around the south end of the island up to and including the Gulf of Mexico. Then it catches that whole area under the
Mantanzas Bridge and all that >> or Yeah. >> St. Carlos Bridge. >> Nancy, any advice? >> So, I would just ask um you know, I think uh Dr. Lee advised that sometimes if it's not broke, maybe you don't have
to fix it. I would challenge you to be able to identify the benefit to the town. What I have heard is that it provides additional enforcement opportunities. Um I would need to confer with Mr. Yazo and and see how much we actually do
enforce that or if that is under the jurisdiction of perhaps uh Lee County Sheriff or if it is under FWC. Um clearly you can't tax that. So, that's not going to really help you from a financial perspective, but um I'm
happy to look into it. Um but I I I think I would challenge the commission to think about the benefit of of doing that. >> I I agree. >> I would just add one other thing other than enforcement that it could possibly affect in in the future actually in the
near future would have to do with dredging. >> Yes. >> And who's responsible for the dredging? There is a in that exact area that has been a little controversial lately that was planned to be dredged and was
>> that's right happened and the dredging was put off and and now it's back to >> yes that's true >> should be dredged again >> particularly the title changes are very strong there yes >> and I would also say madam attorney that
um this will come to bear when two boats run into each other out there and where the liability extends from our island where everyone else around the island's 1,000 ft and then all of a sudden that piece isn't, you can bet the fingers will be pointed back at the uh at the island to say, "No, no, that was always
meant to be contiguous, so we may as well deal with it and call it out and get a reaction. If someone else is willing to patrol it and dredge it and take the liability of it accordingly, which I don't think you have people stand up to do, but otherwise we may have it by default." >> Well, that was going to be my next
question and and I am happy to research it. It's um who is currently claiming ownership of that? Maybe uh members of the anchorage committee if you guys have looked into this a little bit. >> I I know that it was recommended for the
harbor master to check into it. So I wouldn't be surprised if it comes across your desk anyway, my attorney. Uh I I just know that that was a concern and in the way that I read this article too is it it doesn't necessarily
uh define that area. >> Okay. I I appreciate the uh the heads up and I will definitely look into it and uh and research it. >> Good. Sometimes we'll get our answer by what other people think it is too. So, as we start to see other municipalities
and regulatory authorities, oh, no, no, no. That's the south end of your island, and it always has been, we may as well codify it based on Ed's recommendation to own it and make sure we're properly covered, insured, and all the things we need to do to to do we do. We put our contracts together. >> Being new to the committee, it's I'll be
looking for a lot of history, but one of the questions that uh I was right, >> why is lover's key not part of us? Um, I was surprised that I learned that they are Fort Myers Beach. They just have a different four-digit code on
their zip code and they live they come back over here. They're here all the time and they really are by themselves over there. They're well, they're part of Bonita Springs. >> That's what I thought. Yeah. >> So, okay.
>> Yeah. Yeah. So, >> and Michelle, ultimately those lines were drawn based on the incorporation committee's um efforts when they were trying to incorporate the island of where they had the votes. Uh because the
the area that they um canvased was all the way up to Pine Ridge Road and it turned out to be that it was just a sterile island where they thought they could get the incorporation. I only um with the new bridge, the waterway issue, they're really by
themselves there and they consider themselves Fort Myers Beach. They're just not technically there. I didn't know if this was >> I think Bonita Springs even had a water tower on that property for a long period of time they recently took down. You're >> right. >> So, I'm sure we would have a robust conversation should we try to try to
annex it or or claim accordingly. But we love them. They're neighbors and as we all behave. And who gets the tax dial? >> Well, there there's the key right there. >> Thank you, Michelle. >> Any other comments on um the corporate limit? >> Interesting.
>> This is going to be the fun of this. >> Section 2.02, extension of the corporate limits in annexation. Corporate limits of the town of Fort Myers Beach may be revised as provided by general law. I'm not sure what else to add by that, Madam Attorney, or if there's something
you had in mind that we should be aware of before we pass on that one. >> Okay. Um, so it is a uh correct recitation of the existing law. Uh, right out of the out of the barn, uh, here's an example of uh an area of law
that all municipalities in the state have been preempted from the state of Florida. you do not have any home rule uh authority to change the process for annexation which is bringing property
in. There's also deanexation which is kicking people out. Um there are two types of uh annexation process and I think I uh mentioned some of this at our last meeting but it is dictated by chapter 171.
um it must be strictly construed and followed specifically. There are voluntary annexations and there are involuntary annexations. So needless to say, an involuntary annexation is a little bit more
challenging for a local government to u achieve uh simply because that adjacent property and the statute does have um some specifics uh as far as it must be, you know, um it must border the uh
municipality and it can't like create an enclave or something to that effect. However, voluntary annexations and I'm sure Dr. Lee would agree um that those happen quite more I shouldn't say quite
often but uh it is not atypical to see um a request for a voluntary annexation and that means that the property owners in the area adjacent to the municipality they want to be part of that municipality
um which would then also make them part of the taxing requirements of that municipality and So, you might scratch your head and say, "Well, why would I want to be taxed from an additional governmental entity?" Um, it depends on
what the zoning regulations are. And, um, in other jurisdictions, it is not uncommon for a project perhaps to be halfway into a city and halfway into the county or be entirely into the county.
And through the annexation process, there would be an ordinance because it must be done by ordinance to annex that property into the municipality. Well, then you've got to have a future land use designation for it. >> Yes.
>> And then you got to zone it. So, it is not uncommon to see those three actions traveling together um as the need may occur. So, um yeah, it's in your charter right now. It is basically a one
sentence um because of the preeemption by 171. >> Everybody feel okay with how it's represented here? Maximum flexibility and maximum accuracy. Okay. Article three, general powers of the municipality.
The town of Fort Mars Beach shall have all governmental, corporate, and proprietary powers to enable it to conduct municipal government, perform municipal functions, and render municipal services, and may exercise any power for municipal purposes except as
otherwise provided by law. The powers of the town of Fort Myers Beach shall be construed liberally in favor of the municipality limited only by the constitution, general law, and specific limitations contained herein.
That is uh an example of one of those things Dr. Lee was talking about is don't get these things too tight to they're trying to manage within the guidelines when maximum flexibility they wouldn't have had to deal with had we not put those restrictions on. they're allowed to do by other other means. So
that's just one that came to mind that I read that he was talking about when we were talking to him a little bit earlier today. But let me open up for the the good of discussion. I think that's well said that um construed liberally is the key phrase in
my view and uh that keeps us on the uh the it allows us to act in certain sites. So, I I don't want to take up a lot of time of the commission's uh meeting. However, I do want to point out that
those of you that read our ordinances very very closely. You will find that in the warehouse clauses, this is pretty much a statement that is made there. And the reason for that is because it basically in that ordinance as a town we
are saying we are authorized to do this and we do it basically because of our home rule powers. So you'll see some language that is very very similar to that. >> Excellent. Any other comments on um article 3 paragraph 1?
>> Nothing. >> Okay. Section 3.02 joint exercise of powers. The town may exercise any of its powers or perform any of its functions and may participate in the financing thereof jointly or in cooperation by contract or otherwise with any one or
more states, counties, municipalities or any agencies thereof or the United States or any agency thereof. basically allows us to go horizontally or vertically in any way we need to to properly run ourselves, depend on, lean on, look for advice, and partner with uh
any other legitimate organization that could advance the dialogue that we want to have is the way I summarize that in my mind. Open conversation, no changes, no recommendations, no comments. Okay, good. All right. Well, that brings us to uh
the end of our required readings today. There's a couple things I'll point out and then I want to go around and make sure like we agreed at the last meeting that if you would like anything included in the upcoming meeting as a matter of um agenda items, that's the time to go through it. I'll call on each of you
individually in that regard to make sure you get a chance to do that. Um as we look at the next couple three and they're um they're meaty as they will be. I draw your attention uh ahead of time on the council member elections and charter offices. Um look through there
if you will and see whether or not you can find any reference to the staggered terms um because I think that's um uh got some challenges to it if we don't codify it in there. I may have missed it. I just want you to know that. and also the meetings. Um, in the section
when you get to that later on, it says all meetings shall be public and scheduled between a certain time frame. Um, I want you to think about the all meetings because there's examples that our town counselor and others can bring up that will not be public meetings um
that want to make sure we don't get a uh charter document in there conflicts with practical behavior. So, I bring those up just for your pre-ereading. All right. With that being said, let's uh talk about the next meeting which um let's clarify for everybody's on
December the 2nd, 2 o'clock. We'll be going through articles four and five. It should be a meeting conversation. Brian, do you have anything else that you want us to think about for the agenda between now and December 2nd to have included for conversation? >> None. >> Okay. >> Nope. John,
>> uh just as you read that uh article 4, um keep in mind that um there has always been discussion about whether or not we should have an elected mayor as opposed to uh the the simple-minded decisions of
five people in the town. uh that and there's a quote we'll put down. The in some instances uh fellow council members may not know each other and may not have a feeling of depth whereas a town has a
better sense when they are elected in my view. So let let's talk about that in my view. >> Excellent. >> Actually I I do have >> Sure please. Yeah. >> Sorry I have a comment. Um, so I just want to introduce the comment
uh uh concept for people to think about uh as we uh make sure you're on. >> Yeah. >> Yeah. As as as we begin discussing section 4, um we all understand home rule and and registered voters and things like that, but the definition of
community in fact um is not just the voters. It's it it's it's um uh uh businesses. It's it's >> homeowners. It's um taxpayers
um which go beyond the voting resident. And what I see in that section is is no reference to at at least some kind of form for formal recognition of that in the charter somewhere. Um, I think that
section is is the place for it. I have ideas as to where in there, but I just want to introduce that concept because it it's it's simply not there. >> It's a great call, Bab. I'm glad you let us think about it ahead of time. It goes to community culture in my mind. >> Yes.
>> Who we include, who we welcome, who we invite, who we depend on, who we learn from, and I hope that's a bigger audience versus a smaller one. So, more of that to come. How about you, Ang? Nothing. Michelle, anything for the next meeting you want us to um keep in mind? >> Nothing at this time.
>> Okay. Looks like Nina not here at this point. Good. One other thing I want to mention is that um Cape Coral is going through this process as we are right now. It was brought to my attention that there are some um restrictions that they
are dealing with around the number of amendments they can make to their charter during the charter review session. Um, in fact, it is four during a general election and five during a midterm election that you're allowed to recommend for changes, formal charter
changes. I can't find any verbiage in that that deals with that in ours. I did ask uh Dr. Lee if the uh if he was aware of that. He was not aware of hearing that before, but he thought the Department of Elections may have a better insight on to whether or not there's any Florida statutes that
restrict the amount of changes you're allowed to make at one time to a charter. So, between now and the next meeting, we'll do some research on that so that we can guide you so your robust conversations don't get larger than what we're allowed to end up doing in the end, and therefore, we'll deal with the u the matters that are most urgent and
and um important and necessary for us. All right. Anything for the good of the cause that I didn't raise. Madam clerk, anything on your end? >> No, sir. >> Councelor, >> so I'm sorry. I always have two cents to add. >> I'm always going to call on you for that reason.
>> Well, thank you. I appreciate that. Some people don't, but >> I saw that in council many times. Yes. Um, so, uh, what I was going to say, however, is that, um, there is a section in the statute, and I will do some research on it, that does provide for,
um, like scriber type errors and changes to be made to a charter short of an actual referendum. And if you look at a copy of the charter um that is available to you on uh from Municode, which is the municipal code corporation's uh website.
Throughout that charter, you're going to see um a couple places where it says um you know, we we passed an ordinance that clarified the language in the section. Uh but it was not sent to a referendum.
In fact, I think Amy, we did that with the uh the changing of the date of the election from March to November. Um so there is some statutory again remember this is kind of preempted, right? Um that will guide you on some changes that
are not fundamental to the charter. >> Thank you for that. That did come up with Dr. Lee also. We had a conversation Amy reminded us that move was um the the elections board that um made that move for us. We didn't do that as a matter of charter amendment but extending the
terms of our counselors from three to four years we did. So it's that kind of discernment that I think you're talking about that we keep in mind. >> Yes. >> Yeah. >> And councelor Lison, anything from you, Mr. Safford? >> Uh not from me, but is there anything other than the uh amending the two
strike thing that I need to bring to council our next meeting? Well, I think that's the only homework you have left. >> Okay. Well, good. I like I like short homework. >> Thank you. >> All right. Well, thank you. Um, next meeting is Tuesday, December 2nd, 2 p.m.
I need a motion to adjurnn. >> So, move support. >> Second. All those in favor? Hi, >> we're thank you for