Charter Review Commission (2025-11-04)

Fort Myers Beach Charter Review Commission Town Hall Council Chambers 6231 Estero Boulevard Fort Myers Beach, FL 33931 Minutes Tuesday, November 4, 2025 2:00 PM ORDER OF BUSINESS I. CALL TO ORDER Chair Dunlap called the meeting to order at 2:00 p.m. II. PLEDGE OF ALLEGIANCE III. ROLL CALL Members present: Jim Dunlap, Beverly Milligan, Ed Schoonover (virtually), Bryan Thomas and Henry Zuba. Alternates Anita Cereceda, Michele Cherney, Staff: Town Clerk Amy Baker and Town Attorney Nancy Stuparich. Council Liaison: Scott Safford Mr. Thomas moved to accept Mr. Schoonover's virtual participation, seconded by Ms. Milligan. The motion carried unanimously. IV. PUBLIC COMMENT No public comment. V. APPROVAL OF MINUTES A. October 7, 2025 Mr. Zuba moved to approve the minutes, seconded by Mr. Thomas. The motion carried unanimously. VI. CHAIR AND MEMBER ITEMS Chair Dunlap distributed the meeting schedule with the articles to be covered at each meeting. He clarified that Articles 1, 2 and 3 would be covered today and Articles 4 and 5 on December 2, 2025. Mr. Thomas moved to approve the amended agenda, seconded by Mr. Zuba. The motion carried unanimously.

Regular Meeting Tuesday, November 4, 2025 2:00 PM 2 | P a g e Mr. Thomas moved to approve the amended agenda, seconded by Mr. Zuba. The motion carried unanimously. Chair Dunlap distributed and read a document titled "Charter Review Committee Article Discussion Protocol." VII. OLD BUSINESS A. FGCU University Update FGCU University Chair Dunlap reported that Dr. Robert Lee, former City Manager of Naples, offered his advice if needed. He thought the charter was straightforward, that changes were not necessary unless needed, and that their meeting schedule was appropriate. Dr. Lee discussed how unfunded state mandates eventually collapsed home rule. He encouraged them not to self-restrict and to be as general and open-ended as possible. He added that since the early 70s, 1,050 state mandates have been imposed on local governments. There are 412 cities and municipalities in Florida. Dr. Lee suggested that they keep two lists: one for what they wanted in the charter and another for items they were concerned about. He discussed the four forms of government and suggested that they keep their form of government out of the tit-for-tat. Dr. Lee will send more information regarding an intern. B. Survey Update Survey update re: Budget $ Town Manager Will McKannay will give them a recommendation if he thinks the survey will be helpful. C. Role of Alternates Resolution 25-300; Charter Review Commission Role of Alternates Chair Dunlap suggested that if a voting member missed two meetings with unexcused absences, they would be removed from the charter commission. Town Attorney Stuparich noted that the town council was responsible for removing members and she felt they would take their recommendation. Liaison Safford commented that the council wanted more information on the survey and the cost before agreeing to fund the expense. Chair Dunlap reviewed the two-page resolution for alternates, which is included in the agenda packet. D. Article I Comments regarding Article I. Corporate Name; Purpose of the Charter No changes were suggested for Sec. 1.01 or Sec. 1.02. E. Article II Comments regarding Article II. Territorial Boundaries Sec. 2.01. Mr. Schoonover asked whether the 1000 feet went into San Carlos Pass and noted the San Carlos Pass was not necessarily an inland bay.

Regular Meeting Tuesday, November 4, 2025 2:00 PM 3 | P a g e He suggested that they should specify control of the water towards Lover's Key. Chair Dunlap suggested using the 1000 feet to extend contiguously around the south end of the island up to and including the Gulf of Mexico. Town Attorney Stuparich asked what the benefit was to the town and she would have to contact Emergency Services Director Thomas Yozzo regarding enforcement. Mr. Schoonover noted that dredging the channel in the area may raise ownership and liability concerns. Town Attorney Stuparich will research the topic. Sec. 2.02. No changes. F. Article III Comments regarding Article III. General Powers of the Municipality No changes. Sec. 3.02. No changes. VIII. NEW BUSINESS Mr. Zuba noted that discussions surrounding Article IV had raised the question of whether the mayor should be elected rather than appointed. Ms. Milligan brought up home rule, registered voters and the definition of community. She noted the community consisted of businesses, homeowners and taxpayers. She did not see any reference to formal recognition of the community. Chair Dunlap will research whether there was a Florida statute that restricted the number of changes they were allowed to make at one time. A. ARTICLE IV. CHARTER OFFICERS Will be taken up at December meeting. B. ARTICLE V. NOMINATIONS AND ELECTIONS; TERMS OF OFFICE Will be taken up at December meeting. IX. NEXT MEETING DATE A. Tuesday, December 2, 2025 X. ADJOURNMENT Mr. Zuba moved to adjourn, seconded by Mr. Thomas. The motion carried unanimously. Minutes adopted as presented on December 2, 2025. Motion passed 5-0. _______________________ Amy Baker, Town ClerkAmy Baker (Jan 8, 2026 15:22:35 EST)