end here. What I really think Good afternoon. Um, this is the initial meeting of the Fort Meyers Beach Charter Review Commission. Uh, we are meeting at town hall in the council chambers at 6231 Boulevard, Fort Meyers, Florida.
Today is Tuesday, October the 7th. It is 2 PM. My name is Nancy Stuprich and I have the privilege and honor of serving as the town attorney for the town of Fort Meyer speech. This is our first
meeting. Um the town council appointed five members and two alternates to serve on this commission. Um on our agenda today is the appointment of a chair. And once we get to that part of the agenda, I will then give the gavl to whoever the
um individual is who is selected to uh to serve. So uh if we could if we could all please stand at this time and uh announce the pledge of allegiance. >> I aliance 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. >> So I would now ask the clerk to please call the role.
>> Okay. Um Edover >> here. Present. >> Henry. >> Henry Zuba. >> Right. >> Jim Dunlap, >> present. >> Beverly Milligan, >> present. >> Anita Sarita,
>> present. And I have Brian Thomas by phone. Um, and we have to vote to allow him to appear telephonically. So, >> so let's go ahead and uh ask that the members that are present. Is there a motion? >> I have a motion to approve Brian coming in remote for today's meeting.
>> I'll second that. >> Okay. Is there a uh All in favor say I. >> I. >> I. >> Okay. Let the record show that it was unanimous. >> Welcome, Brian. >> Thank you. Awesome. Sorry I can't be there today, but I'm physically, but I'm
happy to be here in spirit and and uh on the telephone. >> Okay. He uh expressed his um appreciation for being able to participate remotely and um will be participating as needed in our meeting
today. Uh the next item on your agenda is uh item four, which is public comment. Um I see one person in the chamber but it doesn't look like they are interested in speaking at this time.
Uh so we will move on. So the first item on your agenda is is kind of like the why. Why are we even here today, right? Why did you all take the time to uh submit an application and um indicate a
willingness to serve on this commission and cross your fingers and hope that the uh town council appointed you to to be on this committee? And the reason for it is there is a section in the town's
charter which we will talk about um forever over the next year. Um, this is section 13.03 and it's entitled charter review. And that section of the charter states, "The
charter will be reviewed at least every 10 years. A five member charter review commission shall be appointed and funded by the council. The Charter Review Commission shall be appointed at least six months before the next scheduled
election and must complete its work um and present any recommendations to the council for a change to the charter. I'm adding that in there um because it really needs to be there. uh no later than 60 days before the election. The
council shall hold a minimum of two public hearings to approve, reject, or modify proposed changes to the charter prior to placing the proposed changes on the scheduled election ballot. That
section of the charter is the purpose and the reason that you have gathered here today. Um other than that section there is really no direction in the charter as far as your organization. So that would be really the first item
that we would want to u discuss today. Um some of the administrative type uh issues that u must be resolved in order for you to complete the purpose and the objective um and the mission that you
have been appointed to fulfill. Um, so with that said, and then of course throughout the um the year as we continue to meet and talk about our charter, we will go back to section 13.03
after you've had a few meetings under your belt and then you'll have, I think, a better idea of what needs to be put in there as far as language or what needs to come out. Um, and that is pretty much what what your review of the charter
will um necessitate. >> Will we hear from staff and their recommendations with regards to mic? >> It's on. >> Yeah, I have it on. I thought Will we will we get the advice of staff as to their suggestions? >> Yes, we will.
>> We will. We will. Um, you are empowered to basically make a request. There is a section in the charter that addresses the uh duties and responsibilities of the town manager, the duties and responsibilities of the town attorney.
When we get to that section of the charter, um Will can make comments, I can make comments, you can ask us any questions that that you like. >> Okay. Um, so with that said, um, I will defer to you to have a discussion as far
as the selection of your chair and the selection of your vice chair. I'd >> like to nominate Jim Dumlap for chair. >> I'll second. >> Okay. Jim, do you accept the nomination? >> I do. Thank you.
>> Okay. Um I think just for you know regular parliamentary procedures um there is a motion's been made. It has been seconded at this point. It would be appropriate to vote if those in favor of Jim say I. >> I. I. >> Okay.
>> And Brian said I as well. So uh it looks like it's unanimous. And so Jim, here you go. >> Oh, thank you. >> Scared me for a second there. All right. The next order of business looks like to me the selection of a vice chair in case I'm incapacitated to lose interest or
don't show up. >> I'd like to nominate Brian and I can't remember Brian's last name. Thomas Brian Thomas for vice chair. >> I'll second. >> Does he accept? Brian, do you accept? >> Yes, I do. >> Okay.
>> All right. All those in favor indicate by saying I. >> Any opposed? I >> motion carries unanimously, including Brian. We're going to strike your vote from the record, Brian, but we'll include an enthusiasm there. So, >> there you go. >> Thank you.
>> All right. The next item on the agenda is the approval of the dates, which I believe there has been a list of the um next six or seven meetings sent out via email with the original agenda. Does everybody still have access to those? >> Yep. >> Madam Attorney, I assume a quorum is
three of the attending five in a five group body. Uh yes, that would be consistent with um parliamentary rules, but there is no indication of that. And also, I do want to hear a little discussion later about the role of the alternates, >> right?
>> Um I think that's going to be something that you need to establish and we would run it by the town council just to make sure they would be okay with that. >> I bring that up in um for advancing the conversation around remote participation, which I see is on our agenda here in a minute, too.
um and whether or not we have the flexibility to vote on including that as a quorum member or not. Do you know what um flexibility we have that as a body? >> No. In order to establish the quorum, you must have three people physically present and others could participate remotely. >> Very good. Just want everybody to hear
that when they look at the date. So any uh first reactions from anyone on the dates that something's a hard no just so we know we have the potential to keep a quorum going through all the meetings. I know November 4th for me is a it's it's not necessarily a no. I can join remotely but I will be out of the
country. >> Are there two other me will be here? Are there two other members will be here on the fourth? >> I'll be here. >> You'll be here. >> I may or may not be. >> Brian, does the fourth work for you, sir? >> It does. Yes. >> All right. So, we'll you be able to in person then? >> Yes.
>> All right. So, that should meet our quorum. Any other dates on here as you look forward? I know it's a ways out and things are going to change and probably these will for other reasons too, but anything else is a hard stop just to make sure we don't lose more than two members. >> Not at the moment.
>> Okay, good. >> If I'm looking at this recent >> That's right. >> Yeah. And so we're we're really doing um we're we're really doing today what we're what is listed here is um November 4th.
>> No, there'll be November 4th May. I I I see that. But we're we're talking about are we talking about articles one, two, and three today >> because we are clarify if it's at your discretion. Um you now are an assembled body with
leadership and we just put it on there depending on how long you wanted to go today or if you want to stop. It's somewhat fluid. Whatever we don't cover today would probably spill over to the next meeting. >> Right. It's just just that I see that
articles four and five are are are very important and I I think that we need to get as many people there as possible >> so that we can um all participate in the voting process given I cannot >> guarantee I will be here on the 4th. I
would ask that that be considered um >> December 2nd >> because that's the keep it to December 2nd for for articles four and five. Well, it looks like we have the potential to have our quorum subject to changes that always happen in life. So, I would entertain a motion to uh
officially publish this list of anticipating meeting dates and they will be at 2 o'clock. >> That's okay with everyone. 2:00 >> works okay with me. >> So, move. >> We have support. >> Okay, I'll support that.
>> Okay, we have a motion and a second. any conversation or further discussion about the dates in addition to what we've had. All right, we name roll call on that. Are we okay with group? >> Um, I always prefer a roll call simply because it makes the minutes a lot
clearer. >> Brian, Brian, your vote on the adoption of the dates for the forward meetings. >> Yes. >> Okay. Ed, >> yes. >> Yes. >> Yes. >> And then yes here. So, the motion carries unanimously. So unless otherwise published in advance according to our
proper procedures, these will be the dates we'll be meeting at this location 2 o'clock. >> Yes. I may I add a few comments and um >> your vote is fine. Um so if you notice though that basically your work needs to
be completed by April the 6 of 2026. And the language in your charter that I read said that um your commission shall be appointed at least 6 months before the next scheduled election and complete
its work and present recommendations to the council for change no later than 60 days. So clearly the um April 6 is way in advance for that. But there is a reason for that and um it it is because of the deadlines that our supervisor of
election has for putting things on the ballot and any change to your charter is ultimately going to be put on the ballot for a vote by the electorate. Um, I'm gonna defer to Amy, my partner in crime here, if you want to talk a little bit
about um that part of the election process, just forformational purposes >> about going on the ballot. >> Yeah. >> Okay. So, the supervisor of elections office has um we reached out to them. They sent us the deadlines for getting
on the November 3rd, 2026 general election ballot. and that's where these ref any referenda changes would appear on that ballot. And the deadline for that is the end of June of 2026. So we're backdating trying to get us
there with plenty of time extra if needed. So that's that's where we've come up with this schedule that you just approved um with the dates >> and the and the back backing it up is because if you recall it says in your
charter the council shall hold a minimum of the council shall hold a minimum of two public hearings to approve, reject or modify. >> There you go. So you have to at the end of your um in in April by April we will
need to have a report put together as to what your findings are as far as does the charter need to be amended or does it not. That is then presented to the town council who by ordinance would have to adopt an ordinance in order to send
it to the U. Supervisor of elections to put it on the ballot. So, what are we talking about as far as an ordinance? Now, we're talking two readings and an adoption hearing. So, that's really uh two possibly three meetings
from the town council before that um deadline date to get it actually printed on the ballot to get it to go in November. So I wanted just to take the opportunity to explain that a little bit because on first glance you might say
well why are we only why are we stopping in April and you know the charter seems to give you a longer period of time. >> Well the quicker we can get our work done and make a positive recommendations to the council the better. A process question if they make um substantive
changes does it stay them within their purview to adopt those or does come back to this commission for any reason? No, I believe it stays with their >> So once we turn it over, our responsibilities are extinguished. >> Yes. >> Yes. I mean, you can as as a representative um
in in the presentation process, generally the chair will make the presentation on behalf of the commission. >> Okay. >> Um and then subsequent to that, you no longer are a member of this commission. The commission is pretty much uh disbanded and defunct. Um, so it's not
like the council would be sending things back to you unless during your presentation time they ask that you continue your service on the commission. That is a possibility as well. >> I think it's just important because the public as well as the members um there's
a learning curve involved with this. don't typically engage in this once every decade and knowing what the process will be and the alternatives for public participation our commission's responsibility beginning and end and discharging that and what roles and responsibilities we have after we create our document I think it's just important
to get documented >> so if I may um as a what is it point of courtesy a point of personal privilege I think it is um but I'm not even a member of your board or your commission um we do have Anita here who did serve serve
on prior um town charter review. Um it might be appropriate at this time to go ahead and hear from her as far as her experience of the process. >> Excellent. Nina, >> uh
I I'll tell you the the charter review that I remember most vividly. Uh Hank will probably remember this too. uh Tom Babcock who uh was on the LP he was the chair of that >> and um uh they they were indepth to
every single line of the charter and came back with many many suggestions to review. Um some that were just scribers like Nancy just brought up it should say to changes to the charter that would be something that should probably be
changed and fixed. Um and just depending on the charter review depends on and the time that it's done has really depended upon uh the focus of that charter review committee. this this focus will be completely different than theirs and how
intensely uh they come back with recommendations and then to see I mean probably the one of the biggest changes that the charter review committee made was and that was put forward to ballot was was changing
the election date cycles um compensating town council members uh that had to go before uh before the electorate so um you know Jim you said something it's a learning curve and hopefully people will pay keen attention to the discussions that happen here because if there are
changes to the charter they will impact the whole town and impact the future of the history of the town. So I mean the charter review committees have always had dynamic conversations uh been very engaged and I think the council has
always received the recommendations very well. I don't recall that we ever said, "Oh, no. We're not going to pass this on." It's basically if the charter review committee had recommended it, then it isn't that right, Amy, as I remember it. Uh that it automatically went on to the ballot and um and some of
the things were approved and some of them weren't. So, I it's a it's a super important role and um really important when it come right now I think especially is very timely and super important for the future of the town. >> Thank you, Hank. What can you add to that with your experiences and
>> fill in some blanks for us? You've been through this. >> I uh like Anita have certain memories of uh attending those meetings and uh my strongest memories are with regard to
modifying the financing terms allowing for longer term financing for our debt. >> Forgot about that. It was limited to three years and u wow >> that obviously has a tremendous impact on interest rates and >> cash flow. Yeah.
>> Um >> many of us wanted to change that and I think that got approved. Um secondly, I think the um uh the process of uh both salary recommendations uh had some
heated discussion about uh what level of compensation somebody really deserves in that concept. you know, um, some of us disagreed and anyway, it it came to some, um,
conclusion that that gave people with raises. Um, those are my two memories of it. >> Can I add? >> Sure, Nancy. Thank you. >> So, it's interesting. Um, in other charter review commissions that I have worked
with, um, sometimes there's discussion about topics that are very timely and very needed by the local government, but they just don't really fit in the charter, per se. Um, however, it is part
of the recommendation. and I have seen it go to the town council because there's other um laws and rules that um the town of Fort Myers Beach and other local governments follow. So starting kind of at the very
bottom of the echelon would be kind of a policy. So there may be a recommendation that the town council consider a policy. policy can be approved by the town council at one meeting as an agenda
item. One level up from that might be a resolution. A resolution is generally an official statement or position by the town council. Um but the resolution is used in in reality it's used for many
many purposes. In fact, at one point, uh, the town was codifying its resonings by resolution, which I think the statute then changed. So, we kind of changed over with that. The adoption of a resolution is just really at a public
meeting. So, having an agenda item with that resolution on it means you could get something passed. The next level up would probably be an ordinance. And once you get to the ordinance level, then um you do have to abide with Florida
statutes, which requires the two reading of the title plus an advertisement in the newspaper. One more step up is your charter. And charter changes, and we'll go over this in depth a little bit later, um generally have to be by
referendum. Um, and that requires getting it on the ballot, which means it's going to be pretty hard to get something changed that's in your charter as opposed to getting something implemented through either an ordinance
or a resolution. So, an idea or a concept or a recommendation that you have may not be approved by council to be put into your charter, but it could still become part of an ordinance or it
could be a resolution or perhaps even a policy. Now, the drawback is if you think about it, how permanent is it? Because if you do put something in your charter, it's a lot more difficult to
change it or to amend it. If you put something in an ordinance, if you have a different um town council, um they may change it after two readings of the title and the adoption. And the same is true with the resolution at one meeting.
It might change. So, so those are kind of the different echelons and the levels. So, I I just wanted to share that with you. now because all ideas are good and whether they make it into the charter or not, there might be another
way to actually make that concept or idea or recommendation um part of um part of the town's governance. >> Yeah, it's akin to our constitution of our community. That's why it should be hard to change and should take a lot of
communication, transparency, and community involvement before it happens and a formal vote of the people to decide whether or not. So isn't changed on a whim, but it's changed through deliberate e effort and action and research and disclosure. I would ask you Nancy, if you wouldn't mind, I'm assume that there'll be something on the
website about the creation, the members, and whatever is appropriately published. if you could put that dissertation down on the level of those in some sort of a document that Amy can upload to that as well as what we're not in charge of. This is not the comp plan review. It's
not the land development code. I think it's real important to get that out as quickly as we can um because those questions will start coming because they don't understand the scope and reach perhaps. So if we can get that published as result of um this group being formed, then we can focus our conversation ideas
around the things we're in charge of and capable of influencing. Anybody else have any comments or suggestions on that? Okay. Um so we've got the dates, absences, and remote participation. So,
I assume you're looking for some formal action on whether or not we will allow um call-ins and Zoom as a participant non-quorum counting uh member of the of the group. >> Yes. >> Okay. >> I thought we did that. Yeah, >> we did it for Brian today, but to formalize it as a policy for the group
going forward. I would entertain a motion for um either approval or rejecting the idea of having people call in by either phone or Zoom. Please, >> I'll move that. >> Okay, we have a motion. Second. >> I'll second. Second on Ed. Any conversation? Any other concerns?
All right, let's do the vote then if we can. Hank, >> I >> I >> Edi, >> Brian, I >> I >> I >> And I'm an I. Also, uh so the motion carries unanimously and remote
participation. Talked about absences. Um to remind everyone, we just talked about the u the call-ins are great. They can't be counted as an official quorum. So there may be three of us here. All right. Role of the alternates. Nancy, you want to walk through what the u scope of that conversation should entail
so we can react accordingly? >> Sure. So, right now your charter doesn't really provide for the selection of alternates. Um having alternates available is is good in that you are
able to continue the dialogue but the issue becomes what is the u authority of that alternate? Um does the alternate simply uh work with you and and engage in conversation or does that person
actually have a vote? Is that vote is that person um taking the place of a specific member who might be absent um and kind of just doing whatever that person could do or
what what is your um expectation of the alternate and then what happens if we have two alternates present at the meeting and there is one absence? How do you choose who which alternate is going to participate? and which alternate um
is going to just you know participate but not have the ability to vote if you choose to give them the ability to vote. >> Just a question on that. If if someone is missing and the alternate takes their place does that preserve the quorum?
>> Um that is a question that needs to be addressed. >> Okay. I think there should that should qualify for quarum. I'd say that would be my thought. >> Okay. >> Is that if somebody is not able to
attend the alternate that's the purpose of the alternate it seems to me to fill in that five vote you know. >> Would you agree? >> Yes. >> Okay. So the um we have two physically present and an alternate. We can go
ahead with our business under your conversation inc. um as if there are three present, one of the alternates being activated as a full member for that meeting and then would resume their alternate status when the members reappeared physically in the in the meeting >> and have the right to vote. That's
>> and have the right to vote during that meeting. Okay. >> Okay. >> Brian, let me go over to you on the phone because I know how that feels. Do you have a feeling around the uh use of the alderance in this context? I guess only to that if they're standing in for a a member that's absent, I would
expect that, you know, they could vote uh accordingly, participate and vote as a full member. >> Yes. >> If that's consistent, how do you feel about it? >> No, I agree with that completely. >> Okay. >> I I agree too. Sure. >> Jeff, what's on your mind on this?
>> It's fine with me. >> All right. And I guess the further question was the selection of the alternate if we have two present. um how do we go about adjudicating which one should participate in the single absence of a member
who has some thoughts around that? >> I guess I guess Jim to to to get off the dime here um I'd recommend or or propose for conversation maybe those people would actually alternate so we'd have an alternating alternate if you will.
meaning >> you know for for that particular meeting and then if the alternate uh is needed in future it would be the the next person >> any reaction to that from the team >> I was going to make the same suggestion >> yes I like that suggestion just couldn't
word it properly >> Hank how do you feel about that >> uh Scott you already have the role obviously as council person is it um appropriate to have both the role of that as well as the alternate >> so I I'm just the council liaison. I
don't have any voting. I I'm just here to report um on >> So you're not an official alternate in any way? >> No, sir. The only >> that would be Anita and Michelle. So my my role is basically as as liaison. If you guys have during your meeting a
question about what the council's thinking, what you know, what you might may bounce off, hey, can you bring this to council next meeting? just just give an update or if you have a specific question that I can't answer, I can bring it to council at the next meeting and then report back the the following
month. >> Well, it's good of you to attend. Thank you. >> I'm here. >> All right. So, with that feedback, let me attempt to make a motion then to codify this into our rules of operation. >> I have one more question. >> Oh, I'm sorry. Sure. Is the attendance of the alternate
required at all your meetings or do they only come when there's somebody who's not here? I mean, we have Anita here today. Our other alternate was not able. Um, but by coming to the meeting, then they they know about what's been discussed.
>> Couldn't agree more. as we go through that process. >> I think they should be invited fully included and they know their role based on how this motion comes out sitting as an alternate or voting member of that meeting. But their presence is important in my mind. >> Certainly having the experience of
somebody like you and even >> that's fairly important. >> I I just have a question for you. >> So let's say that um you all didn't agree to the date changes and Beverly was not here and I was the alternate chosen to sit in her place. Am I
expected to vote like I think Beverly would vote because there will be some heated discussions? I'm sure. And so depending on which alternate or uh what the scenario is might depend upon how a vote goes. >> I think your conscience is clear.
>> And I would also say >> but you know what I mean. I >> completely I don't think you could ever anticipate what somebody would vote for you. >> No, I I I understand that. But I I'm just saying I think that it's something that you should contemplate. >> I would hope that and I'm sure we will
have full disclosure and full communication. We will know exactly how she feels about the thing she feels and we will all consider those inputs into our reaction. And I guess much like any um alternate juror when they get called to sit in, they are of their own mind.
They've heard all the same information and um they should be completely free to speak. >> Their own conclusions. >> Exactly. Right. >> Does that help with that? Mhm. >> I mean, because I'd be happy to write out how you should vote in >> I know you have. >> I've been trying to do that for 20 years. Hadn't had much success. Put you
right beside her at the next meeting if you're going to be that influential. That would be great. All right. Let me try to reduce this to a motion then what I've heard and please correct as as we go through this. And this is specifically about remote participation. It's the will of the body at this point
that um the alternates will whenever possible participate in person at the meetings published that we approved earlier. Um they will have in the situation where we do not have a physical quorum three members out of the
five sitting at the time even with remote participation of alternate or of other members they will fill in for that uh third person to designate a a quorum and will fully participate and vote in in lie of that person accordingly. Um,
and if we have both alternates here at a meeting where one is required to step into their role, we will alternate their participation based upon who had the last fill in at the previous meeting. Did I miss anything on that motion? If not, I'd take a second. We can talk more
about it again. >> I will second that. >> All right, let me open it back up for discussion and make sure I got it all. Brian, let's start with you again. Is there anything that you recommended that either didn't include or you want clarified? >> No, I believe I'm good with what uh what you recommended, Jim. >> Okay,
>> I think How about you? >> Same. I agree. Be >> No, >> anita. >> It's clear. >> No. What about discussion? A discussion on any given motion or during the course? What's the role of the alternate with discussion at the dis or even if I just would
>> whether or not you're sitting in an active role voting role? >> Exactly. >> Great. I think we've proven today that we're going to call on the alternates for the perspective and context and history. So unless somebody else feels strongly about that, I will add that you're fully invited to participate gets down to we
have the quorum here. We'll we'll do what's within our authority, but the conversation will matter to us. >> Although you do have the three minutes, >> right? That's what I was going to say. They they still can participate as part of public comment on u any any items that you are proposing. Yeah,
>> public comment or comment here because my question is what purpose would Michelle or I have in sitting here if we are not participating in the conversation whether we're voting members or not. >> Yeah, I would just say that I would welcome your participation in the discussion.
>> Yeah, >> it'd be very helpful >> and we'll benefit from it. So, they'll both be included accordingly. >> If I may, um Jim, that was kind of our vision, too, is that they participate. They don't vote, but they they they do participate. >> So, that was the intent of council selection for the alternates in the first place. Good. All right. We have a
motion on the floor. It's properly seconded. Any other conversation? >> All right, Brian, your your vote. >> I >> I >> I >> and I'm an I. So, the motion passes unanimously. Congratulations. The
alternates. Serious role. Serious contribution. >> You're official. I will, if I may, um I will take it under advisement as well to determine do we need to have some authorization from the town council uh in order for you to to do that because
there's really nothing that addresses alternates. Alternates are not addressed in your charter and there is no ordinance. So again, we'll be looking at that echelon of, you know, maybe they'll just do a resolution, maybe they'll do uh maybe an emergency ordinance. uh that
would be valid for six months, which will probably hold you over. Um or maybe we codify it. Um, and we put more detail about what the charter review commission does in the form of an ordinance, not in
your charter per se, but in an ordinance so that it does have that flexibility if we need to amend it without having to wait for the um the creation and the convening of a charter review commission. So liaison on Saffford I
have two requests then if you would carry that message forward to get that codified and as expeditiously as possible. >> Got it. >> All right. That's very good practice for our conversation on the things we're going to have that obviously be meaningful the charter changes. All
right. Before we get into the sunshine lawn and I'm sure you're going to take us through all that couple of questions I've got. Um, do we have a budget expenses for the u things we may choose to do in any light item in the U town's
budget right now? >> I don't think so. >> I don't think so either. >> But we could ask is there any expenditure that you're that you feel that this >> anticipating? Yes. >> Oh, two things. Let me start at the beginning. Will will we have any
restrictions, Nancy, in your mind on things we recommend? Um, is there any overlap with Senate Bill 180 regarding charter changes? >> No, I I believe that SP 180 is only talking about land use regulations. >> Excellent. >> Okay, we got that on the record then in
case that comes up in the social sphere out there. Back to my question, I have um uh a couple things that at some point we'll we can talk more detail around. Um I think part of the process in getting feedback from the community on those
that are either seasonal, remote, or just physically can't communicate with us or interact with another way is to think about having an official survey brokered by this group. I have individuals that I have worked with in the past that are extraordinarily good
at this process and in this type of a venue and forum. Um, but there will be a charge for that. It's it's not significant, but putting it together, um, getting it out and where the real magic becomes is the analysis and distillation of what the results are and
bringing those back in one of these meetings. So, we get the benefit of that first or second round of either things we're talking about or as Hank talked about a little bit earlier that things that we feel we should have in the agenda to talk about that aren't necessarily drawn out yet in the charter.
>> Are you proposing uh a budget for a consultant? >> Uh just to have a survey commission. So, yes, >> I wouldn't agree with that. I think it's our job to muddle through as best we can without much um outside consultation at this
point. >> Okay. The only thing I'm I'm pushing on that a little bit is understand how the words feel and how the expense looks. But it's an extremely efficient, inclusive, and very defendable, statistically defendable way
to get feedback and priorities from people that can't participate in another venue that we have. I would assume the cost be nominal, but I don't know about that yet. So, your feedback's appreciated and certainly welcome. Um, but I want to kind of hear from the rest of them and see whether or not this is an idea with any legs. Um, and then I'll
go about getting quotes and share them with everybody and we'll see whether or not it rise to that. >> So, that level of concern. >> Can I clarify then? Um, what I heard Hank say was the word consultant and the role of the role of a consultant with a charter review committee and there are
people that do that um is different from obtaining a survey which is what I'm hearing our chair say. So, are we talking apples and oranges here? >> It's definitely commissioning of a survey being produced, distributed, and most importantly analyzed and and
presented back to us and the town. >> That doesn't seem to me to be >> contradictory to consulting. It's just a form of consulting. That's all. >> It's a form of providing input. Um but as a consultant a consultant will
generally give you a variety of options and then guide you as you evaluate each one of those >> depends on the consultant. Nancy >> is that >> so I I don't agree. I mean I think a consultant's a consultant and we tell them what to do if we pay them and
that's it. >> Yes. Yes. >> Okay. Let's hear from others. Um Ed, where were you on this? Just conversation at this point of course. >> Sure. I just I worry about the survey a little bit and who the survey would go out to. I know a lot of times we have
surveys and and studies and that and we end up getting a bunch of non-resident opinions in there that >> and I I would really like to focus on the residents and what they would want us to do. >> Sure. >> Um I I've got the same concern. Who who
is the survey? Who would the survey go to? >> Okay. Um and uh that's that's really I need a little clarity on that. >> So it's how we would define and clarify and restrict the universe of people that would be receiving it and therefore the opinions that we get back. That's your
concern? >> Yes. >> Okay. >> Absolutely. >> Brian >> uh yeah I would echo that. I I I don't believe I have enough information at this point to say yes or no. >> Okay. >> So I I'd like to see a proposal with uh whatever the duties are going to be
along with the cost. Very good. And Anita, feedback from your experience. >> Jim, I I kind of like your idea, which not to, you know, go contrary to what everybody else is saying, but I I um I like the idea of the reachout. Uh I I am
surprised or have been surprised in recent weeks how few people know what a charter is. Um, you know, I said to one lady, "Well, you know, like the Magna Carta >> Clueless on Magna Carta, so I thought, okay, well, that um but I think um you
know, Bev and Brian saying, you know, what what would it go to?" I I think we were all a little gunshy with a lot of input from people who don't live here and you wouldn't want that to happen, but I'm assuming that whoever you would reach out to would be able to profile
residents. Uh that's easy enough to do. Hell, we do it for voting. We do it for, you know, elections. That should be easy enough to do. Um I I don't I don't think it's a bad idea. >> Well, I owe you some more information. I am um the anti- consultant person, by
the way. I'm right there with you, pal. I fought my entire professional career to keep them out of my company um because they never have to live with their good ideas if you know what I mean. >> Yes, I do. >> Um this is much different from me because it's a direct touch to the residents and we won't have more information just concept right now but more so it's a stimulated dialogue
through this body to council on whether or not we have some funds that can be allocated for doing this kind of work so we get good feedback. The second thing I would bring up then may I suggest maybe we create an email just for CRC comments or something. >> Love that.
>> We can put it a great idea. We'll activate the charter review page under all the committees once this is over. We can >> create something just there that we'll share with you. >> Okay. >> Did you have did you have an amount that you wanted to go ahead and ask council
for that Scott needs to bring forward? >> He who speaks first loses. No, I don't because I haven't um I haven't broken this conversation any further than just to see if the individual that I know is available. Nothing more than that. I didn't have the authority to do so and didn't know if they were interested. So,
let me do my work in that side and then we can bring them back something to react to. >> So, why don't I broach the subject and let's talk with Joe at our next meeting and see if there are funds available or you know there there may be something that we could allocate.
>> Excellent. One last thing in this before we move in sunshine. Um uh I've also done some preemptive communication at um Florida GF Coast University. Um I thought it would be very valuable. The the the office of the
president there has a department that does municipal partnerships and other things with the community. Um they are interested in seeing more about what we'd be thinking about. But having a student research project on what at least my initial conversation with him
was with her was um what have other communities done the last 10 years? What are some practices going on in life communities for charter improvements and recommendations? What have they been through that we either have or have not um that we could add language that address that? I think it'd be good for
the students. Um they're energetic. They get credit for doing these kind of things. It's part of the charter, if you will, of the university to be community engaged and have these type of things. But again, we need some authority from the town to set up a portal with them and have an official relationship that
allows a request to go out and for them to stimulate that through through academic process and putting a uh a VA together for the kids to work from and all the stuff you would normally do. But I want to get some reaction for that before there were any follow-up conversations also.
>> Bravo. Bravo. You're good. >> Oh, yeah. 100%. >> So, I I think I need some clarification. Um, are you suggesting that we create some type of program or liaison relationship to have an intern? >> It would actually be in my vision. The
relationship is you set up a portal with them. That's how they communicate and you actually apply for an opportunity to have this partnership officialized. I would look at this as part of an academia uh within a classroom setting where students of like interest in mind
would be asked to participate in doing this research and making a formal presentation to this body in a public hearing with their professor adviser whoever it happens to be overseeing the quality of the product at the end. To my mind, it would be to cast a big net in
like-siz environments and situations and bring back what it is others are doing and that we ought to be be aware of is an option that some have taken. >> We do not have that set up with them today because I did check they've done nothing with Fort Myers Beach as an official community partner.
>> So that is at the university level. Um, >> I will say that the Florida League of Cities also has a youth council that is a formalized program through the league. Um, and I believe our council member,
um, King is is involved in a leadership role with the Florida League of Cities. Um, but those are generally high school students and they pretty much form their own little city and they meet periodically and they discuss um, you
know, issues that the local government is having um, and brainstorm and do the type of things that you're proposing, but that is at the high school level, not at the university level. Jim, have you seen where a a case study
where this this has been done? >> I have not personally seen it, but when I talked to that office, they do these type of things and would entertain this request as part of their community partnership outreach, which they're required and organized to do. I didn't go any further because there's a point
where you show interest and then it gets beyond and I don't want any commitments to be misunderstood or anything. So, I stopped it until the formation of this group. I think these types of things are done all the time. Um I think there's lots of precedent uh and I it's just a fabulous idea. I I've been involved in
in all kinds of relationships like that um professionally and and they're very positive for both parties. >> Okay. Um well obviously the question of cost um students always have their hands out and uh it it is uh uh unrealistic to
think they're going to um come and do work for us without some compensation. So I think there goes back to the question of some budget. Um, I'm uh questioning whether or not staff has already gotten any recommendations from
either the Florida League or um the group that I'm involved with in the county LPA uh that whether or not they the county would would provide some back >> uh thoughts about uh other charters. How
have they recommended any changes that have been effective? uh for ineffective, >> right? Ed, >> I'm in favor of of your idea. Um but I would like you to take it further. You
said you kind of quit. You didn't just stop until we got together. >> That's where my authority ended and that was pretty close to the start, >> right? And so bring back more information for us. >> Okay, Brian, >> I would agree with the same. I'd like to see a little more information, but on on
the surface I'm I'm conceptually I'm in favor. >> Well, thank you. I'll follow up through the next step. My um thoughts were that we would have some of these responsibilities delegated out through the team. So, we have direct contact and liaison with the members with these
initiatives. So, they're we're all carrying some water and um and and showing the diversification of thought and and commitment on that. So, I'll bring back the next germination part of this process on these two things. get your reaction to that and then if they have some legs to them, I think we'll
get them delegated out and get some people working on it in the process. We should know by um by our next meeting on at least some reaction from the town on on the budget tanks idea, too. All right. So, I want to make sure before we move on because the sunshine
stuff is going to be important if there's anything miscellaneous like that that people have built up in anticipation of this meeting. Let me go again back to the phone. Brian, is there anything else you want for the good of the cause just to make sure we have in the initial inventory not about the charter itself but about ideas and
concepts and process? So just I guess a question uh since we're on seven and looking to eight u question if I can regarding what I think might be eight uh is the attachments that we received with the agenda is that
the culmination of the work product of the 2016 charter review and a and b if it's not is it possible allowed available uh that we could we as a group we could see the the final findings of
the 26 2016 uh charter review commission. >> This this does not represent that all the summary of the recommendations. Uh Tom, as as Anita's pointed out, Tom
had a very Tom Babcock uh and the committee uh all had a great uh number of recommendations, some of which uh were uh went to the point of being ordinances rather than um modifications
of charter. And uh and like many of us who participate in committees, overreached in many ways. But but we like to hear ourselves talk. So we do, you know. >> So town clerk or madam attorney, do we
have access to that work product or is that dissipated and only ended up what's left in the charter? >> Did it swim? >> That's the question. Did it swim? >> Yeah. Um we would have access to >> minutes. Um, any council items that went
before council videos are gone. Unless for some reason we captured them somewhere in the cloud, which back in 2015 when this was happening, I highly doubt those >> clouds were pretty high. >> Those tapes didn't swim well.
>> Um, we we'll see what we can find. >> Okay. And distribute accordingly. >> Yep. I'll distribute it accordingly. Whatever I find. I know we'll have minutes of both the committee and council. Um, we'll have those items that went before both boards. >> That's excellent. >> And we'll we'll get them to you. We'll
find out what we can. >> Thanks, Ed. >> Brian, anything else, sir? >> Okay. Hearing none, Ed? >> Anything else on your mind? Miscellaneous before we move on to the >> No, I don't have anything right now. >> Okay. Hank, how about you, sir? >> No. >> Okay, >> no. >> Anita. >> Yes, sir.
>> All right, we're sitting up straight. Nancy, do you have our full attention? >> Oh, yes. Yes, I did have something. I'm sorry. Aren't all the committees going to a sunshine review? >> So, do we have to do that today? >> Um, well, that was what I was going to um basically say. >> Oh, that's great.
>> Um, you read my mind. Um, if you look at the last page of the handout that we had today, um, there is an advertisement or a flyer that talks about the advisory committee u committees. They're
basically having a sunshine law and a public records training. Uh that training will occur on October the 22nd from 10 to 12. It will be 2 hours um and it will be located here in this
building. And it will be recorded um in the event you cannot um attend that. I hope they can't find it. >> What's that D? Thank you. >> It's the very last page. >> I got it. >> There you go.
However, today I did feel it would be very important to go ahead and just talk about a few of the nuts and bolts of sunshine as well as public records. Uh, which at that session I will spend two
hours talking about. Um, many of you already serve on committees so you probably can to provide the information that I'm going to provide to you anyway. Um but it's always good to remember
um you know what the sunshine law requires as well as the requirements under our public records law. So in a nutshell um the public the sunshine law it's really um public meetings uh
requires that in the event any two of you should have a conversation regarding um a topic that will come before you um that must thanks that must occur
within the context of a or the setting of a public meeting. So, you can't really have private conversations outside of this meeting, this forum about matters that reasonably will come
before you for a vote. Um the nuances are that a lot of times there's some distrust among the um the public and they may see
two of you together at a private gathering or even at another public event. You could be sitting in the audience next to each other and you might be casually discussing something um that may not ever ever come before
you sitting in this role in this capacity, but hey, they're back there talking about it. And I think she's telling him or he's telling her to vote in a certain way. So, it kind of raises some suspicions,
but for all we know, you could be back there swapping recipes or talking about a football game and you you just don't know. So, that that is really the biggest um I think the risk to members of those
people who serve on advisory committees as well as on elected boards. Um, it's the appearance of possibly having a sunshine violation, but probably not um a sunshine violation in and of
itself. The key word is, is it reasonable? Is it reasonably foreseeable that it would come before you? um you might be chatting about something that six months from now, a year from now, something related comes before you, but
at the time it was not reasonable that you would be casting a vote on it. Um so that that's kind of the the distinction. It's two or more of you together. It's a small uh community basically, so you're going to
run into each other outside of this meeting. Um the other thing about Sunshine Law is you know let's say we get into a very controversial topic um possible change to the charter. I mean
we have at large elections maybe somebody proposes that we have districts created and you know you're really not sure how everybody's going to vote based on the comments that they've made. Um, and you might pull me or Amy or Scott
aside and say, "Hey, what do you think?" You know, I don't want to be the one sole vote uh voting against this or voting for this proposal. Um, you can't use a member of staff as a conduit
um saying, "Hey, I think I'm going to vote for this. Could you let Jim know that, you know, maybe I'm going to be voting this way?" Um, so we have to be really careful of that because sometimes it's done inadvertently and staff has been trained as well. They've gone
through sunshine training and they know better than to relay anything and and it's kind of like, hey, I don't know, you know, well, have you talked to other members? What do you think? Yeah, I talked to other members, but I don't know what they think. You'll have to
come to the meeting to find out. Um, so as a best practice, what I always recommend is that if two of you happen to be together, whether we're sitting in the audience at a public meeting or um at an event, um, that you have a third
party who is somewhat disinterested, uh, doesn't really have a stake in the outcome, uh, serve as a witness to the fact that you were not discussing something that was foreseeed. able to come before you. Now, the the other
thing I want to add too is that at the end of the day, you have you're doing a recommendation to council. So, your votes really not a final agency action. So, that that kind of mitigates some potential sunshine violations. However,
um you really don't want to spend your time having to defend um the fact that you volunteered to serve on this committee and you there was nothing that was inappropriate or unlawful transpiring. So that's sunshine.
>> What about exparte communications? So exparte communications comes up in the context of a quasi judicial hearing. And what an exparte contact is is that there is a decision maker that's going
to make a decision either approval, denial, or approval with conditions on something that affects the private property rights of an individual. And that needs to be disclosed because
whatever impact whether it's in support or adverse to that individual's private property rights that quasi judicial hearing is intended to be a fair hearing. So if you're having conversations on the side with someone
who's a decision maker in a quasi judicial hearing, um you no longer have a fair and impartial decision maker. So what we do in our quasi judicial hearings is you hear me read the statement um and then
the mayor uh generally will ask about exparte contacts. um there's a disclosure that's made and once the disclosure is made it somewhat takes away the uh presumption that the conversation was prejuditial to the
rights of the private property owner. Um and then there's usually an opportunity some attorneys and some staff members take advantage of it to ask even more. It's like, okay, so you went to the site and you saw the property. Was it raining
that day when you went there and you saw the property? Because that may make a difference in your vote as to you say, "Oh, you know, it was raining and I did see a lot of water." Um, and so now I'm concerned about flooding. Whereas if you
just said, "I went I saw the property. I'm familiar with the property." that fact that you saw flooding there may not be openly disclosed. So that's kind of a a long explanation, but in this context, you are not making quasi judicial
decisions. >> So we're not sub. >> So you can talk to everybody. >> Okay. I just want because obviously a lot of the committees that we've worked on exparte is a question mark. >> Yes. >> Before we begin. >> Yes, it it certainly is. And again,
that's because it's it it's the outcome of that hearing is going to affect someone's private property rights and those are, >> you know, protected by the Constitution. Everybody holds them near and dear to
their hearts and so we want fairness in those type of hearings. >> Yeah. Thank you. >> Thank you, Nancy. and um look forward to that two-hour session which I'm sure will be riveting. >> I forgot to talk about uh public records.
>> Yeah. >> Oh, darn it. >> We didn't get a journ quick enough, people. >> You didn't. You didn't. So anyway, um but anything that you basically write down or communications that you have,
whether it's um by telephone, messaging, text messaging, um emails, those are the primary ones right now that you use to perpetuate and convey knowledge and information. Uh you
to another person um arguably is a public record. Um, if you make notes to yourself and you don't share it with anybody, um, those are really not considered private res. That's right. They're not considered public records,
but the minute you give them to someone else, again, they may be because it depends on a case-by case basis and what is actually being conveyed. um transitory messages like um um going to
lunch, you know, that that occur and expire very quickly. Um those have there's an exception to that as far as whether or not it's a public record, but you know, I'm going to lunch and then I'm going to go see the town manager and
talk about blah blah blah. um you know that might be more of a public record rather than just something that's that's very transitory. I am going to turn the mic over to Amy and ask her to to tell you her experience of when there is a
public records request what she does and has to go through it. Amy is the town's official custodian of records. >> Just we don't like public records. >> No, we don't. Um, basically when anyone turns in a public records request, they
have to be really careful about what they ask for because I'm going to take it quite literally. If you ask for something, that's what I'm going to give you. Um, >> a lot of times I know that's not really what they're after. And well, a lot of times I know that's not really what
they're exam they're after, but that's not what they've asked me for. So, um, >> can I ask you a question? >> Yes. >> Okay. So Amy, I would like to have a copy of a letter that Nancy wrote to
Will. Uh or or a draft letter that Nancy wrote to Will dated September 12th. Uh well, he wasn't here. How about Maya? >> May 15th of 2025. Uh the letter is about uh paving on of
the roadway. How would you handle that? Well, internally I'm going to wonder has that letter gone from draft to final? Because once it's finalized, that is the record then. Um, so that's what I'm going to work on
internally. I may >> That's a that's a hard one. >> I'm sorry. I didn't mean to to take you down that road. Sorry. But but what the point I was trying to make is that a letter I have a great example for you. >> A letter may exist but it may not be m
dated May the 15th, >> right? >> Or someone and Amy will remember this during Margaritavville. Um, someone made a public request for any record between me of mine that had
the words Tom Torus, Margaritavville. I mean, they were very explicit and it was any email, my personal emails. There was one I was worried about because I was saying things about some someone I shouldn't have said. Had nothing to do wasn't bad. It just I wasn't
particularly happy it was going to be public. emails, text messages, uh e every everything, everything. And that was quite a chore for you guys, >> right? And it's quite large. >> Um I can almost guarantee you we're going to charge you for that when you do
ask that request. Anything over 30 minutes, we're going to charge it at whomever's if it's if I'm doing it, it's going to be at my rate. If my admin's doing it, it's going to be at her rate. If some, you know, um and then it it takes us
many many many weeks to gather that much information. >> Just to be clear, you won't charge us. You'll charge who's asking you for the information. >> Correct. >> Okay. >> Correct. >> What do we sign up for here, Danny? >> Yeah. So, I mean to be that that was a very specific request, but that's very
broad, too, because you know any and all with just the word tom, it's going to pick up any time that the letters to M is in any >> any word, you know. So then we have to sift through all that. We read every email that has to go out, every document
that has to go out, make sure there's no redaction that needs into it. It's it's quite a chore. >> Anything else, Nancy? This precursor to the two-hour session. Um, no. I would just add um on the
public records if there is pending litigation and you know, knock on wood, we we try to resolve and and not have a lot of litigation, but then after she does her sifting of the public records, it will come to the attorney and then we spend time going through making sure
that there's no confidential information that uh needs to be redacted as well. >> Right. A lot of times people think we're going to give you a public record tomorrow. Today still it's just it's quite a bit slower process than that. So, >> okay, that's it.
>> Couple questions about process then that I've heard um at least not directly but indirectly here. As we talk about building the agenda and we did approve the dates we're going to meet, obviously those line item agendas on there and the chapters are what they are. There will be many other things that the members
will want to get into the conversation on the agenda for proper inclusion. Can we talk about how to get that done legally and appropriately so when we arrive everybody's input is into agenda which we can formally approve and then talk about and act on.
>> So that is really at the discretion of the um commission how you would like that to be handled. Um, again, this was your first introductory um, meeting and so Amy and I, we pretty much put our heads together and thought
about what, you know, what what do we need you to talk about and uh, you know, why we are here kind of jumped out. Um, but then also giving you some the opportunity to get organized as a commission. Um, selecting a chair and a
vice chair. Um, and then pretty much, you know, turning it loose to you. Um, and we are here to serve you. Um, based on, you know, whatever time constraints we're a little bit over an hour now. Um, you know, do you even want to put a time
limit on how long your meetings are going to go or do you want them just to continue to roll through the the topics that we identified? We just started at the beginning of the charter with article one, um, article two, and
article three. Do we need to cover those at this meeting today? No. Uh, do you want an overview of those items today? We could do that. We've given you some information at today's meeting um that you can go back and review and then maybe at the next meeting, you know, any
followup on that or what whatever you want to talk about. >> Sure. So let's talk about the process then by which we get that included in the agenda. Um I get the approach he took and I thought it worked out just fine for all of us. I'm fairly um
motivated around having time limits on agendas otherwise things grow and do all that. We can always as a body continue to move on and do we want to do but I think we ought to let the public know when they can expect to take the time off and be here and the same thing with the people who are giving up their personal lives to do this. So I think we
ought to have time frames on there, but as we think through between the next meeting and people want to send in information to be included on the agenda, how does that functionally work so we can get the team fully prepared for that? When it's going to Amy that we'll put the final agendas together, is there going to be an email that we'll send it
into that makes it both public and appropriate for the members? >> Okay. So first off, the deadline to get on any agenda is two weeks prior to a meeting date. Okay. >> Um, perfect. and that needs to be finalized, ready for attorney review,
ready for review, not just placeholders. >> Okay. Um, are you asking that the public's items be >> I'm asking if the members have suggestions for the next committee meeting and would like to have a conversation on that and meet the the
advertisement deadlines is an email box to you or somewhere else appropriate to get that on there so then when we all see it together at the same time it's legal, defendable and we can pass a final agenda for that meeting. I I would just comment um and Scott
maybe you want to chime in as far as um how council handles that um through their procedural rules. But but when you do it that way um the members only have basically what a week because we distribute the we try
>> we try try really hard to get the the agenda out to you a week in advance. But I would suggest that at the end of your meetings, you have um you allocate some time as to what you want to talk about >> at the next meeting because that way we
have a basic framework of what we're going to put on there. Um and then if anything comes in in the interim, we can add to it. Um Scott, I'll defer to you if you have any suggestions. >> No, I I think that works well for us on council. Usually at the the end of the
meeting we have member items and if that member item percolates and say hey we should put this on the MMP meeting or on the next agenda we'll ask Nancy and and will if that's if we can do that that way it's it's out in the open. It's
public. It's there's it's just a much more transparent way to do it. >> Well without objection we'll include that today then if that's acceptable to all the members. Yeah, I I I compliment you Amy about the process here because we want to get through the charter. So
going from top to bottom and se selecting at least three or four of the articles to to deal with is a good way of doing it. And in addition to that, Mr. Chairman, I think the suggestion
that we have uh member items commented at the end of the meeting rather than uh burdening Amy with going through any email we might have that you know a brainstorm that occurs to us or something that that's different. Okay.
>> Thank you. Yeah, that usually works the best if you have member items at the end and yeah and during the meeting you I'd really want like to dive into this further or I just thought about this then you can all talk about it and put on the next agenda item. Yeah, that seems to be the best workflow for us right now.
>> Well, coincidentally we seem to be at that point so the uh topic was um appropriate. So, let me get into that. I I threw a couple of mine out of context then that we talked about before. So, I put those on member items for the next um agenda on the some survey research
and the uh potential partnership with Florida GF Coast. We've already cleared up the Senate Bill 180. So, be let me go to you and see if there's any member items in your that you'd like to generally comment or have looked into or included on the next agenda. Um, I guess the only thing that comes up to me when I
read some of these some of the terms here I'd like further definition and I just wonder if we couldn't dig into some of the um I'll give you an example in uh the corporate name and the purpose of the charter and it refers to community.
Um, and so I' I'd be interested in in sort of itemizing what community means. um and itemizing some of these or defining a little bit further what some of these sort of broadstroke terms are uh specific to this charter. I think
community can mean so much to so many different people. Um everybody has a different definition, but I think we need to really dig into some of this these types of terms for the purpose of the charter and and and uh so uh be thinking about as we run into these
types of words. uh creating a a list of definitions >> and that's as we go through each article here be mindful of the fact that we're words are translatable by different communities we should spend some time on at least trying to align our thoughts about what the intent was for that word
>> yes >> very good >> uh that's it for now you're good >> I don't have anything at this time >> okay Brian >> I'm good >> all All right.
And madame attorney is one more item. >> One more item. So, um, it appears then that articles one, two, and three we'll be covering at our next meeting. Is that correct? >> That's the will of the group at this point. Yes. >> Okay. And so I wanted to um you received
a packet this or this afternoon. Um, I want to just tell you what's in that packet because what I did was I went the first item of course, yes, the constitution of the state of Florida. I tried to pull some state statutes that I felt would be relevant um and related to
why you have certain language um in your charter uh because some of these uh articles in your charter are not going to be as timely and lively a discussion as as others. >> Um for instance, if I may, let me just
tell you what you get to take home with you today. So you've got um the first cover sheet is the constitution of the state of Florida but specifically the important part of it is article 8 and that is the establishment of local
government and specifically section two that talks about municipalities. Uh we are different from counties. We are not counties. Counties are generally an arm of the state. We are uh independent entities. So you may want to
home rule. Absolutely. Home rule. And so you may want to look at section two because that is the the basis and the establishment of home rule. >> Point of clarification. Where's section two? I've got section.
>> Okay. So I numbered the pages at the bottom. >> So on page one you see local government. um section two >> and then on it's on the back of page one >> one and a half >> one and a half
um where it does say municipalities so this is the genesis of >> I don't think your copy machine afforded us that extra page because we end right here and go to five >> oh we didn't get doublesided >> right so we don't have the section two at all >> so we will provide that to you so let me
just tell you what what will be in your email that you'll receive Um so it is section two. It is the basis for um for the home rule uh establishment and the rest of the charter has you know or the constitution
has other things in it but that that is really the relevant section. >> Okay. Um, so just as your town charter then has more general terms, the same is true with the Florida
Constitution and Florida statutes, which then in chapter 166, and this would be on my page four. I don't know if you have that or not. Yes. >> But it's 166.021. And that by statute provides what your
authority is as a municipality to um to govern. Um there's a section in uh 166.031 which I believe is on page 7. This is the statutory section for
charter amendments. Um kind of the process that I just went through. So um that is preempted from the state. So we hear the word preeemption a lot. So home rule authority gives you the ability to do anything you want to as long as the
state hasn't taken back that authority from you. >> And unfortunately every year >> there are preeemptions preeemptions preeemptions to the point where now >> we are really concerned with how much home rule is really left.
>> Yeah. Um so the way that you amend your charter is an area that has been preempted uh to you. Um this one 166.0213 just talks about the fact that your
meetings would be held in your municipality um and not somewhere else where perhaps members of your community cannot travel to to to have that. Um the next part beginning on my page nine kind of goes
to article two of your charter that talks about the boundaries of the town. >> Um and this lays out what the uh legal description of the town's jurisdiction is. And the question is can the town
expand or contract? And um that is in section 2.02 O2 talking about the corporate limits may be revised as provided by general law. Okay, that's really simple in your charter. But if
you look at what general law is, that is in part one of chapter 171 that talks about the um the requirements to expand your municipal boundary as well as the requirements to contract your municipal
boundary. And that that starts on page nine and I believe it goes through >> probably close to the end >> as that is a long chapter. >> Yeah. So that shows you how um you know
you can have a charter provision that is very short and sweet but there's a lot more detail that is either in Florida law or perhaps in um your code of ordinances. Um, and then the article three that you
have is the general powers of the municipality. And I would refer you back to um the excerpts from chapter 166 being 166.021, the powers of what you what you can and
and can't do. So, um, I just wanted to let you know what you were walking out of here with. And also um you know we we just put articles 1, two, and three on your agenda for uh just to get the discussion going today. >> Excellent.
>> In the context of this. >> Thank you for doing that. >> Very good. >> I appreciate it. >> All right. Anything else for the good of the cause? That completes the agenda as advertised in the progress today that we were charged with publishing. >> So what are we doing? I actually have
something I just want to remind you that I I need to join remotely on the 4th >> of November. If someone could send me the link. >> Can you recap what the agenda is going to be? >> Yes, I think so. Um, while I'm doing that, just uh we spoke earlier about be
creating an email for charter review. We have created that already. It's called CRC FMG.com. >> Okay. You'll email that to us. >> I will send that to you. Yes, we can click and send it. >> And when we activate the committee page
or the commission page, it'll be under the advisory committees on um on our website. >> Yeah. >> Give us about a week to get that up and running. So, but we'll we'll include the link to that email there, the calendar, the charter will be there, the whole
thing. Um we'll take suggestions what else you might want. And I assume just like the OPA that as communications come into you, they'll be forwarded out to the members. >> They will be um we also have the option to and uh Jim and Anita can speak to this and so can Scott. We can also put
this commission on the board portal. So everything would be >> electronically sent to you. You can take notes. >> It's all within our software that creates this agenda. You can take notes. It saves your notes. You remember what was said. you can, you know, you can go back and reference that and we'll set
that up in the >> coming week or so. And once you're actually in it >> and get used to it, it is pretty easy to use. >> Thank you. >> If I could be edit that email, too, just in case just >> So, um, Mr. Chair, um, if I could just
ask Amy to go ahead and maybe recap what you're going to see on your next agenda. >> Excellent. Let me see if I can read my notes and I'll help. Um, so we are going to find out if you have any budget to work
with. Uh, Scott is also going to do that, but we'll kind of do that behind the scenes. We create an email, which we did. >> Um, Jim is going to bring back some further information about using FGCU students
>> and the survey. Correct. Yep. >> And a survey. >> Um >> I'm also going to get with council about the alternates role. >> Got it. >> Great. Yep. And that will be at their October 20th uh meeting.
>> I am going to get you Well, this isn't going to be on your agenda, but I'm going to um try and get you all the minutes I council items, CRC items, everything from the last one back 10 years ago. I will email that to all of you. You can dust them. >> You post them, >> right? Or dry off
>> post it on the page. >> Yeah. Would Would it be better to post it on the page >> or how would you like me to get that information to you? >> Yeah. However you >> easiest thing for you, whatever is >> what is easier.
>> The easiest thing is just to email it to >> um Nancy is going to What were you going to do? I had your name down here. have a great day. >> Yeah. Um then we're going to bring back
articles one three again >> and we're going to add a members items to the end of your agenda. >> Good. >> And instead of uh the Fort Mary Beach Charter Review Commission, which is item five on your current agenda, that's more than likely
going to switch to approval of minutes. So, the to-do that I had was to uh to go over the hierarchy of policy resolution. Yes. Um ordinance and where would you like that on the >> and the scope limits of this charter
commission? So, it doesn't include land development code or comp plan. >> Yes. Where are we going to put that? >> Keep putting that out there. >> Do they have a web page? >> Oh, >> they will. That's what I just asked. Give us about a week to make that active >> and then we'll put that information
there. Okay. >> Did I miss anything? >> Did you get your topic properly explained here on more definition? >> We're going to create a list of definitions that's going to be a running >> it's going to be ongoing. We'll we'll need to discuss it but perhaps >> the interpretation of each section and
what does it really mean. >> Yeah, >> that'd be very helpful. >> Yeah. Thanks. >> Okay. >> All right. With that, I'd entertain a motion to adjurnn our first meeting. >> So moved. >> Is there support? >> I will second. >> Any conversation about that? All in
favor? I I encourage you here.