POLISCOPE

The public record

CAPECORAL (LEE COUNTY) · LOCALDecisions and attributed speech publishedPartial coverage

City Council – Special Meeting

Wednesday, December 10, 2025 · Government meeting record

The 30-second read

Recorded outcome

Council voted to move forward with a requirement that candidates must be full-time residents of their specific district for one year before running for office.

The Cape Coral City Council met to review proposed amendments to the City Charter, including residency requirements for candidates, vacancy procedures, and a potential shift to a 'strong mayor' form of government. Council members voted to move several procedural changes forward to the City Attorney for drafting, while deferring decisions on salary increases and the Yacht Club financing strategy.

Why it matters

Residents may see significant changes to how their local government operates and how candidates qualify for office on future ballots, potentially including a fundamental shift in executive leadership structure by 2030.

What happens next

No later meeting or follow-up date is stated in the reviewed record.

Official minutes publish outcomes and identify speakers and the topics they addressed.

Captured actions

6

Recorded outcomes

6

Source artifacts

1

What changed

Other key decisions

6 captured items have a publicly linked outcome. These 5 are the clearest resident summaries in the record.

Search all 6 meeting actions
  • Item 4.02

    Council voted to move forward with a requirement that candidates must be full-time residents of their specific district for one year before running for office.

    Eligibility Residency Requirements

    approved - Super-majority consensus
  • Item 4.05

    Council approved moving forward with new rules requiring candidates to submit two forms of proof of residency, such as utility bills or property tax receipts, when filing for office.

    Candidate Qualifications and Proof of Residency

    approved - Unanimous consensus
  • Item 4.06

    Council approved moving forward with minor procedural updates to the Mayor's role, including clarifying election timing for the Mayor Pro Tem.

    Mayor and Mayor Pro Tem Procedures

    approved - Unanimous consensus
  • Item 4.11

    Council approved moving forward with updated rules for filling council vacancies, including clearer timelines for appointments and special elections.

    Vacancy Procedures

    approved - Super-majority consensus
  • Item Strong Mayor Proposal

    Council voted to have the City Attorney draft potential language to transition the city to a 'strong mayor' system, where the Mayor would act as the chief executive.

    Strong Mayor Form of Government

People and votes

Donnell

Present at this meeting

The reviewed record lists this person as present but does not attribute a motion, statement, or individual vote to them.

What people said

Attributed speechA separate authority lane. Speech is evidence of what a person said, never of what the board decided.
  • Commented on the compensation package - 4.08 paragraph 3 needs to be completely eliminated ; accountability with procurement; Jaycee park cost increase. Kyle L'Hommedieu suggested : 1. that raises be based upon how much money Council IMember saves taxpayers ; 2. a hybrid form of government where the Mayor and City Manager work together as a team and share the same salary; 3. citizens should say what gets done at the Yacht Club; 4. requested an answer from each Councilmember about the household med ian income. Richard Leon commented that the Charter Review Commission broke down every line of the City Charter. Strong Mayor form of government was discussed in great detail ; only one Member was in favor of moving it forward. It could be formed as a question: Do we want a strong Mayor form of government? This would allow Council and residents to spend the next two years until 2028 to hone down on what that style looks like. Councilmember Long commented: • Was Charter Review Commission liaison - suggested Councilmembers listen to the meetings reco rdings; many not knowledgeable about the form of government. • Discussion was led by the Chair who is currently on the ballot for Mayor Mayor Gunter commented : • It is not up to the Charter Review Commission members to make that decision • Addressed speaker's comment about Council compensation TIME AND PLACE OF FUTURE MEETINGS A Regular Meeting of the Cape Coral City Council was scheduled for Wednesday, December 10 , 2025 , beginning at 4:00 p.m. in Council Chambers. I I I I MOTION TO ADJOURN VOLUME : LXXX PAGE: 435 DECEMBER 10 , 2025 There being no further business , the meeting adjourned at 3:36 p.m. Submitted by , 1~~ Kimberly Bruns, CMC City Clerk.

    Commissioner I I I VOLUME: LXXX PAGE: 421 DECEMBER 10 , 2025 MINUTES FOR THE SPECIAL MEETING OF THE CAPE CORAL CITY COUNCIL December 10 , 2025 Council Chambers Meeting called to order by Mayor Gunter at 1:02 p.m. PLEDGE OF ALLEGIANCE 1 :0 0 p .m. Roll Call: Mayor Gunter, Councilmembers Don nell , Kaduk, Kilra ine, Lehmann, Long , and Steinke were present. Councilmember Lastra participated remotely. BUSINESS Charter Referendum Discussion Mayor Gunter explained this agenda item: • Discussion of any items that the Charter Review Commission brought forward • Any other discussion regarding any Charter Amendments • Review of Charter Review Commission proposal • Discussion on each item • Additional discussion from Council and Staff Councilmember Donnell commented: • New information - No li mit on what we send to the Supervisor • Suggested as we go through the items, if there is a super majority on an item we want to implement, discussion would not be needed • No super majority - then have a poll on how to proceed Mayor Gunter clarified that if we have six Councilmembers that approve an it em then we would move that item forward . If there are any modifications, discussion would be held. City Attorney Boksner commented: • Has not validated the proposed language • It will not be what you see right now • There will be a version of it, legal and appropriate • For example - 4.02 - if Council is okay with the general concept of what they have identified here as proposed language for the Charter Amendment, then he could commence the process Mayor Gunter commented : • Process of going forward • Today give the City Attorney direction on which topics generally to be brought back to Council with the verbiage that would be presented in the Referendum City Attorney Boksner commented: • 75 words maximum ballot language • Actual language that would be amending the Charter as well • Will be done by way of Ordinance • Intend to bring back to a COW to make sure Counc il is satisfied with language Mayor Gunter summarized the process : • Will give a majority consensus on particu lar topics with the understanding that it could look somewhat different • Would need to meet the legal elements • And whatever requirements are for Referendum City Attorney Boksner responded in the affirmative. Councilmember Kilraine commented : VOLUME : LXXX PAGE : 422 DECEMBER 10 , 2025 • Eliminated two at last meeting - Single District and Disqualification • Leaves us with six, two are related to salary, other four are procedural • Pro Tern fixes the date, Validation credentials , Filling vacancies Mayor Gunter commented: I• 4. 01 and 4. 12 - al ready elim inated • Was going to start with 4.02 and go through them • If we want to do the recommendation from Councilmember Donnell, we could go down the line first to see if there is a super majority which would be six individuals and move it forwa rd to the City Attorney to craft the appropriat~ language • Less th an six , ha ve discussion There were no objections to move forward with the process as described by the Mayor and recommended by Councilmember Donnell. Discussion of 4.02 - Eligibility: • • • Currently reads only qualified electors of the City, who have been continuous full time residents of the City for the entire calendar year immediately preceding their qualification for office, as pro vided in Section 4. 05, shall be eligible to hold the office as Council member or Mayor Key po int- in order to be qualified to run you only have to be a resident of the City for a period of one year, not necessa ri ly in the District Proposed : Only qualified electors of the City, who have been continuous full time residents of the City for the entire calendar year immediately preceding their qualification for office, as provided in Section 4. 05, shall be eligible to hold the office of Council member or Mayor. A candidate for Council member shall have been continuous full time resident of the District in which they are seeking office for the entire calendar year immediately preceding their qualification for office. "Residency" shall be defined as the candidate's place of domicile, or permanent legal address. Council polled as follows whether to move this item forward as written: Kaduk-yes Long-yes Kilraine - yes Gunter-yes Steinke - yes, but citizens should consider certain circumstances Lehmann - no - suggested 5 years in your District Donnell - yes - if the City redraws the Jines, it may affect someone who can run or not and if they no longer qualify Lastra - yes Mayor Gunter noted there is a super majority on this item so it will be moved to the City Attorney to bri ng back at a later date. Discussion of 4.05 - Candidate qu alifications and election • There is a difference in the required proof of residency compared to what we currently have. • (a) Any person eligible to hold the office of Mayor may have his or her name placed on the ballot as a candidate for Mayor of the City upon filing with the City Clerk a sworn statement of qualification and the payment of a one hundred and fifty dollar ($150) filing fee. • (b) Any person eligible to hold the office of Council member may have his or her name placed on the ballot as a candidate for Council member for the Council district in which he or she resides upon filing with the City Clerk a sworn statement I I I I I VOLUME : LXXX PAGE: 423 DECEMBER 10, 2025 of qualifications and the payment of a one hundred dollar ($100) filing fee . Proof of residence shall be established by a valid voter's registration card. • (c) Should there be more than two qualifying candidates for Mayor or for a given Council district their names will be placed on the primary ballot. The two primary candidates receiving the highest number of votes shall be the candidates in the City General Election. The candidate receiving the highest number of votes in the City General Election shall be declared elected to the office for which he or she was a candidate. In the event there are fewer than three qualifying candidates for Mayor or for a given Council district their names will not appear on the primary election ballot but they will appear on the City General Election ballot. • (d) If a vacancy in candidacy occurs caused by death, withdrawal, or removal from the ballot of a qualified candidate following the end of the qualifying period which leaves fewer than two candidates for an office, then the qualifying date shall be extended to the latest date for which the general election guidelines may be met. If the elections guidelines cannot be met then the remaining candidate shall be declared the winner. • Proposed from the Charter Review Commission: (a) Any person eligible to hold the office of Mayor may have his or her name placed on the ballot as a candidate for Mayor of the City upon filing with the City Clerk a S'tiom statement of qualification and the payment of a one hundred and fifty dollar ($150) filing fee and submission of the required proof of residency, pursuant to subsection (c). • (b) Any person eligible to hold the office of Council member may have his or her name placed on the ballot as a candidate for Council member for the Council district in which he or she resides upon filing with the City Clerk a sworn statement of qualifications and the payment of a one hundred dollar ($100) filing fee and submission of the required proof of residenc'l pursuant to subsection (c). Proof of residence shall be established by a v-a!id voter's registration card. • (c) Proof of residency shall be established by submission of the following: (1) All candidates shall submit a sworn affidavit at the time of qualifying that provides their place of domicile or permanent legal address and affirms that they have met the residency requirements set forth in §4 . 02 . The affidavit shall be on a form provided by the City Clerk. (2) In addition to filing the affidavit, candidates shall submit proof of residency which shall include at least two (2) of the following documents: voter's registration, driver's license or Florida identification card issued by the Florida Department of Highway Safety and Motor Vehicles, property tax receipt, homestead exemption, utility bill, or lease agreement. The documentation must show the candidate has established legal residency in the Cit½ and in the District for which they are seeking office, pursuant to the residency requirements set forth in §4 . 02 . • (e)(Ql_Should there be more than two qualifying candidates for Mayor or for a given Council district their names will be placed on the primary ballot. The two primary candidates receiving the highest number of votes shall be the candidates in the City General Election. The candidate receiving the highest number of votes in the City General Election shall be declared elected to the office for which he or she was a candidate. In the event there are fewer than three qualifying candidates for Mayor or for a given Council district their names will not appear on the primary election ballot but they will appear on the City General Election ballot. • (fi)(stl If a vacancy in candidacy occurs caused by death, withdrawal, or removal from the ballot of a qualified candidate fo llowing the end of the qualifying period which leaves fewer than two candidates for an office, then the qualifying date shall be extended to the latest date for which the general election guidelines may be met. If the elections guidelines cannot be met then the remaining candidate shall be declared the winner. VOLUME: LXXX PAGE: 424 DECEMBER 10 , 2025 Mayor Gunter po l led Council to see if there was a super majority to move it forward . Council polled as follows whether to move this item forward: Kaduk-yes Long-yes Kilraine - yes Gunter- yes Steinke - yes Lehmann - yes Donnell - yes Lastra- yes Mayor Gunter noted there is a super majority on this item so it will be moved to the City Attorney to bring back at a later date. Discussion of 4.06 - Mayor; mayor pro tern. • (a) The Mayor shall be the chief elected officer of the city, preside at all council meetings, be responsible for the orderly conduct of business, have the same powers as a council member, sign all documents as required by the City Council and shall have the power to veto line items in the City budget, provided that such veto is exercised in writing to the City Clerk, with immediate notification to the other members of the City Council at least fourteen (14) days prior to the date of the Final Public Hearing on the budget. The City Council may override such veto with a two-thirds vote of its members as provided in Section 4.16(d) . • (b) A council member shall be elected by the majority vote of the Council to serve as Mayor Pro Tern. Such election shall be held at the first Council meeting following I each City General Election, except that in the years in which there is no City IGeneral Election, such election shall take place at the first regular City Council meeting on or after the anniversary of the previous City General Election. The Mayor Pro Tern shall be responsible for the orderly conduct of business in the Mayor's absence, shall not have the power to veto and shall serve for a period of one year. (Ord. 125-02, 12-9-2002, Approved by referendum vote on April 8, 2003; Ord. 73-07, 6-11-7, Approved by referendum vote on November 6, 2007) • Proposed by Charter Review Commission : (a) The Mayor shall be the chief elected officer of the city, preside at all council meetings, be responsible for the orderly conduct of business, have the same powers as a council member, sign all documents as required by the City Council and shall have the power to veto line items in the City budget, provided that such veto is exercised in writing to the City Clerk, with immediate notification to the other members of the City Council at least fourteen (14) days prior to the date of the Final Public Hearing on the bud get. The City Council may override such veto with a two-thirds vote of its members as provided in Section 4.16(d) . • (b) A council member shall be elected by the majority vote of the Council to serve as Mayor Pro Tern . Such election shall be held at the first regular Council meeting follo wing each City General Election, except that in the years in which there is no City General Election, such election shall take place at the first regular City Council Imeeting on or after the anniversary of the previous City General Election. The Mayor Pro Tern shall be responsible for the orderly conduct of business in the Mayor's absence, shall not have the power to veto and shall serve for a period of one year. City Attorney Boksner commented: • Not necessari ly needed to be put on the ballot • Happened as a snafu during discussion of one of the items • It would be addressed and moving forward when there is no election I I I VOLUME: LXXX PAGE: 425 DECEMBER 10, 2025 • Not vital , can be addressed in a more holistic approach to the entire change as opposed to putting this on the ballot Discussion held regarding : • First Council meeting after the election that occurred the year before • Charter not modernized as it should be • Repeal and Replace , most likely in 2028 • Changing one word - regular • Scrivener's omission Council polled as follows whether to move this item forward: Kaduk-yes Long-yes Kilraine - yes Gunter-yes Steinke - yes Lehmann - yes Donnell - yes Lastra-yes Mayor Gunter noted there is a super majority on this item so it will be moved to the City Attorney to bring back at a later date. Discussion of 4.08 - Council and mayor; compensation, expenses • (a) Each city council member shall be compensated at the rate of $32,600 per year. The Mayor shall be compensated at the rate of $36,600 per year. The compensation of the Mayor and Council members shall be adjusted annually beginning in January, 2017, by the amount of the Social Security cost of living adjustment (COLA) . The salaries shall be adjusted annually in the first pay period of each calendar year. (Ord. 22-15, 6-15-15; approved by referendum vote on November 3,2015.) • (b) The council members and mayor shall receive their actual and necessary expenses incurred in the performance of their duties of office. • Proposed by Charter Review Commission: a) Each city council member shall be compensated at the rate of $32,600 $70,000.00 per year. The Mayor shall be compensated at the rate of $36,600 $80,000.00 per year. The compensation of the Mayor and Council members shall be adjusted annually beginning in January, 2017, by the amount of the Social Security cost of living adjustment (COLA) . The salaries shall be adjusted annually in the first pay period of each calendar year. (Ord. 22-15, 6-15-15; approved by referendum vote on November 3, 2015) • (b) The council members and mayor shall receive their actual and necessary expenses incurred in the performance of their duties of office. • (c) The mavor and council members shall not increase the salary. anv retirement benefit. anv stipend, or anv other tvpe of compensation paid to its members. unless such increase is approved bv Ordinance, subiect to public hearing and public comment, after a super-maioritv of at least six (6) affirmative votes, and such increase shall not be effective until after the first Citv General Election following the passage of the Ordinance providing for the increase in compensation. Council polled as follows whether to move this item forward: Kaduk-yes Long-yes Kilraine - no Gunter- no Steinke- no Lehmann- no Donnell- no Lastra- no VOLUME : LXXX PAGE: 426 DECEMBER 10 , 2025 Mayor Gunter noted there was no super majority on this item so it will be discussed further. Councilmember Long explained he probably should have said no as he felt this would be Idiscussed as separate items. He was supportive of language in (c) if the figures are removed . Councilmember Donnell commented: • Yes in concept but not the right time Councilmember Steinke commented : • Last 20 years 3 times in Referendum only adjusted once • Compensation not appropriate for volume of work being done based on analytics • Could go along with the suggestion of removing language in (c) Councilmember Kilraine commented: • Analytics related to growth • Recommended looking at a long-term mechanism Councilmember Lehmann commented : • Bad timing and the economy Councilmember Lastra commented: • Still a no Discussion held regarding : • Councilmembers have the opportunity to craft and bring something forward • Deadlines: Primary - 5:00 p.m. April 20 th ; General - 5:00 p.m. July 6 th - approved Ordinance with language translated into Spanish City Attorney Boksner commented : • Will have some of the ballot language before Council in January • Then it will go into an Introduction and a Fi rst Reading . • Four different versions 1-1 .5 years ago • He can check if those to see if they can be resurrected. • No consensus on proposa ls for (a) to move forward • Appetite for (c) - at least five would have to identify at least one version to be prepared Mayor Gunter commented : • Analytics and data • Top 12 cities with Council Manager Form of Government (list provided to Council and displayed) • Highlighted cities : Ft. Lauderdale , Tallahassee , Port St. Lucie - population over I 180,000 I• Whatever is done shou ld be done over a period of time • Did not support the way it is currently written to be put on the ballot • Part (c) additional parameters • Questioned if it should stay as is or if it should be on a COW in January • Should there be fu rther discussion or should we stay the status quo? Councilmember Kilraine commented: • Growth factor • Positions may be considered as primary jobs in the future . • Did not think it should be considered on this year's upcoming election I I I Councilmember Lehmann commented: • Part of C being subject to Public Comment and Input • Increase for Council should be on a Referendum VOLUME: LXXX PAGE: 427 DECEMBER 10 , 2025 • No more than a 3% increase , which is what Staff got, is sufficient. Council polled as follows whether to stay at status quo or have future discussion at a later date: Kaduk - future discussion at a later date Long - status quo Kilraine - status quo Gunter - status quo Steinke - future discussion Lehmann - future discussion Donnell - status quo Lastra - status quo Mayor Gunter noted it was 5-3 status quo. Discussion of 4.11 - Vacancies; forfeiture of office; filling of vacancies • (a) Vacancies. The office of Mayor or of a Council member shall become vacant upon the Mayor's or the Council member's death, resignation, removal from office in any manner authorized by law, or forfeiture of the person's office. • (b) Forfeiture of office. The Mayor, or a Council member shall forfeit his or her office if he or she: (1) Lacks at any time during the term of office any qualification for the office prescribed by this Charter or by applicable law; (2) Violates any express prohibition of this Charter,· (3) Is convicted of a felony; or (4) Fails to attend three (3) consecutive regular meetings of the Council without being excused by the Council. • (c) Filling of vacancies. A vacancy in the Council shall be filled for the remainder of the unexpired term, if any, at the next City general election follo wing not less than sixty (60) days upon the occurrence of the vacancy, but the Council by a majority vote of all its remaining members shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired terms takes office. If the Council fails to do so within thirty (30) days following the occurrence of the vacancy, the Council shall call a special election to fill the vacancy, to be held not sooner than ninety (90) days and not later than one hundred twenty (120) days following the occurrence of the vacancy and to be otherwise governed by the provisions of Article VIII, unless three (3) or more candidates qualify for the vacancy, whereby a special primary election is required. The special primary election shall occur within the timeframe provided above no sooner than ninety (90) days and not later than one hundred twenty (120) days following the occurrence of the vacancy and the special general election shall be held within 45 days following certification of the special primary election results. Notwithstanding any requirement for a quorum of the Council, if at any time the membership of the Council is reduced to less than a quorum, the remaining members may by majority action appoint additional members to raise the membership to meet the requirements of a quorum . (Ord. 71-07, 6-11-07, Approved by referendum vote on November 6, 2007; Ord. No. 27-22, Exh. A, 4-6- 2022, approved by a referendum vote on August 23, 2022) • Proposed by Charter Review Commission - (a) Vacancies. The office of Mayor or of a Council member shall become vacant upon the Mayor's or the Council member's death, resignation, removal from office in any manner authorized by la w, or forfeiture of the person's office. VOLUME: LXXX PAGE: 428 DECEMBER 10, 2025 • (b) Forfeiture of office. The Mayor, or a Council member shall forfeit his or her office if he or she: (1) Lacks at any time during the term of office any qualification for the office prescribed by this Charter or by applicable law; (2) Violates any express prohibition of this Charter; (3) Is convicted of a felony; or (4) Fails to attend three (3) consecutive regular noticed City Council meetings of the Council without being excused by the Council. • ( c) Filling of vacancies. A vacancy in the Council shall be filled for the remainder Iof the unexpired term, if any, at the next City general election following not f.ess than sixty (60) days upon the occurrence of the vacancy, but the Council by a majority vote of all its remaining members shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired terms takes office. If the Council fails to do so within thirty (30) days following the occurrence of the vacancy, the Council shall call a special election to fill the vacancy, to be held not sooner than ninety (90) days and not later than one hundred t•,o/fJnty (120) days following the occurrence of the vacancy and to be other.vise governed by the provisions of Article Vii, unless three (3) or more candidates qualify for the vacancy, vlhereby a special primary election is required. The special primary election shall occur within the timeframe provided above no sooner than ninety (90) days and not later than one hundred twenty (120) days follo•Ning the occurrence of the vacancy and the special general election shall be held within 45 days follmving certification of the special primary election results. Notvlithstand-ing any requirement for a quorum of the Council, if at any time the membership of the Council is reduced to less than a quorum, the remaining members may by majority action appoint additional members to raise the membership to meet the requirements of a quorum. Should any seat on City Council become vacant for any reason, such vacancy shall be filled in accordance with §4. 07, and the following: • (1) When a vacancy occurs causing an unexpired term of more than two /2) years Iin duration , the vacancy shall be filled at the next scheduled City general election, but the Council shall appoint by maiority vote, a person eligible to hold office pursuant to §4.02, to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office. • (2 ) When a vacancy occurs causing an unexpired term of less than two (2) years in duration , the vacancy shall be filled at the next scheduled City general election, but the Council shall appoint, by maiority vote, a person eligible to hold office pursuant to §4. 02, to fill the vacancy until the person elected to serve the new term takes office. • (3) If the Council fails to appoint an eligible replacement to fill the vacancy within thirty (30) days following the occurrence of the vacancy, a special election shall be called to fill the balance of the remaining term, if any. Such a special election shall be held not sooner than ninety (90) days and not later than one hundred eighty (180) days following the occurrence of the vacancy and will otherwise be governed by the provisions of Article VIII, unless three (3) or more candidates qualify for the vacancy, in which case a special primary election will be required. • a. If a special primary election is required under §4 . 11 (c)(3) , it shall be held no sooner than ninety (90) days and not later than (120) days following the occurrence of the vacancy, and the special general election shall be held within forty-five (45) days following certification of the special primary election results. • (4 ) Notwithstanding any requirements for a quorum of the Council contained elsewhere in this Charter, if the membership of the Council is reduced to less than a quorum at any time by reason of vacancies, the remaining members of the Council may by maiority action appoint additional members to raise the membership to meet the requirements of a quorum. I I I I VOLUME : LXXX PAGE: 429 DECEMBER 10 , 2025 Council polled as follows to move forward or have further discussion: Kaduk-yes Long-yes Kilraine - yes Gunter- yes Steinke - yes, questioned election timing, suggested cleaning language Lehmann - yes Donnell - yes Lastra- yes Mayor Gunter noted there is a super majority on this item so it will be moved to the City Attorney to bring back at a later date. Councilmember Kilraine commented: • Thanked the Charter Review Commission Mayor Gunter explained those were all of the items that were recommended by the Charter Review Commission . He opened the floor for additional items to be considered . Councilmember Donnell commented : • Questioned language for putting an item on a Primary or a General Electi on City Attorney Boksner explained Council could choose to put some on the Primary as well as some on the General. Councilmember Donnell commented: • One General makes more sense to him. City Attorney Boksner explained he would bring the final version of the Charter Amendments with ballot language in Ordinance form. If there is approval at that time , Council could identify items for the Primary or the General Election. Councilmember Donnell commented : • Single Member Districts was eliminated previously due to whittling the list down • One that needs to go to the voters ' decision Councilmember Long commented: • Wanted to discuss Single Member Districts Mayor Gunter asked if this should be opened back up and have another discussion. Council polled as follows to move forward or have further discussion: Kaduk-yes Long-yes Kilraine - no Gunter- no Steinke- no Lehmann- no Donnell - yes Lastra- no Mayor Gunter noted we were still in the same place . Councilmember Long commented: • Additional topics that were not brought forth by the Charter Review Commission • Strong advocate for strong Mayor form of government • Currently it is Council Manager form of government • Opined that it is a flawed system • Puts most powerful person in the City Government outside the reach of voters VOLUME : LXXX PAGE: 430 DECEMBER 10 , 2025 • City Manager currently controls all of the day-to-day operations , hiring of the Department Heads and directing them , entire budget process • City Manager not elected , cannot be voted out by the public • Strong Mayor form of government - all these things would be flipped • How do we fix it so there is a way for the City Manager position to answer to the people and have accountability? • 5 out of the 7 cities larger than us implement a strong Mayor form of government I• This is the way this needs to go moving forward in order for us to grow the way we need to • Someone directly responsible for executive leadership - direct the departments, propose the budget, most importantly that they answer directly to the people every election cycle • Most recently worked for the School District • Most important for him, measurable budget reduction , fiscal responsibility • Not an attack on our City Manager but on the system • Urged Council to consider that voters should make the decision . Councilmember Lastra commented : • Agreed with Councilmember Long • Size of our City should consider it or at least allow voters to choose • Liked accountab ility factor • Our system is flawed. • Would support th is to go on the ballot and allow the residents to decide Councilmember Steinke comme nted : • Concern about scope of City Manager's job • Needs to be done by the most highly qualified person • Would want to look outside the City for a City Manager if the current City Manager Iwas incapacitated. • Did not support it because it would involve a lengthy and competitive hiring process , scope of candidates would need to come from a broader base Councilmember Kaduk commented : • Supported this goi ng on the ballot • Believed our residents think we do have a strong Mayor form of government; research is needed by them Councilmember Kilraine commented : • Aga inst it going on the ballot • We have someone that came up through the ranks and has the capacity to run an operation of all requirements necessary • Entire Council makes the decisions. • Operating the City is different, special skill set needed. • Not in favor Councilmember Donnell commented : • Did not feel we are in a position to put it on the ballot now • Need to obtain the data and run it through our Charter Review Commission • Strongly against it on the ballot for 2026 Councilmember Lehmann commented : • Needed to go on the ballot • Citizens need to be able to weigh into this , know what's going on , and be involved in the whole situation. • As to whether it is a strong Mayor type of government or we continue the way it is , it is a decision that needs to be up to the citizens. Councilmember Long commented: • Staff-driven government I I I I • People deserve to have this opportun ity to decide Councilmember Lastra commented: • Understood both sides VOLUME: LXXX PAGE: 431 DECEMBER 10 , 2025 • If the citizens decide this is the route we want to go in our City, we may get higher qualified candidates to run that could elevate our City Councilmember Kilraine commented: • Council is held accountable City Manager llczyszyn commented: • Spirited discussions with Councilmember Long on this topic for over a year • Suggested a few considerations • Staff-run government - professional run government • We run on principles , ethics , and policies . • Studies suggest that a City Manager government versus elected official were 10 % more efficient • If there is a problem with someone hired , it can be addressed next week. • But when elected , it takes a long time to get someone held accountable/removed . • Hurdle of removing a Mayor is much more difficult than removing a City Manager • Goal if this moved forward would be to make sure the electorate has the information needed to understand what a change of that magnitude would bring Councilmember Steinke commented: • Not opposed to giving citizens the opportunity to make determination by having this on the ballot • Domino effects to decisions that are made • Council just said at this meeting that now is not the time to discuss compensation • Yet now we are willing by some to have something on the ballot to give all those responsibilities to a City Manager Councilmember Long commented: • These items will not go into effect until 2030 . • So, kicking the can down the road is not addressing the issue Councilmember Donnell commented : • Questioned when it would be effective • Opined it would be a mistake Councilmember Long commented : • Today at least flush out a path forward • Educate the public Mayor Gunter commented : • Anything said today would need to be worked on • City Manager form of government chosen in 1970 when the City was incorporated • Decision belongs to the citizens . • Opined this is more for the future • Let the City Attorney draft potential language Councilmember Steinke commented: • If this was approved by the voters , would there be steps that needed to happen along the way? • No problem with it being on the ballot but no magic wand of switching and no existing plan to get there. • Very complicated process is his concern . • Will have to spend appropriate amount of time educating our citizens on what shifting to that type of government really means • Develop a majority vote - said yes put it there • Verbiage that comes back may put us at risk if approved VOLUME: LXXX PAGE : 432 DECEMBER 10, 2025 • If this Referendum passes with no plan to get us there by the implementation date • If what was brought back to them would it have transition steps City Attorney Boksner responded there would be no transit ion steps. He further commented: • If Counci l approved , it would require altering of the Charter extensively. • Probably with getting it on the 2026 General Election • Most likely effective in 2030 • 2030 - would have a Mayor that will run for the strong Mayor • At that point, that elected person will then have his own organization . • Some call it Chief of Staff, some call it City Administrator, but the Mayor would ultimately be in charge with everyone reporting to him. • Transition will be the responsibility of the individual strong Mayor elected in 2030 • Once they assume that position , it will be incumbent upon themselves to obtain their own staff. • Used the Federal Level as an example . • Mayor would not be part of Council but essentially the Chief Executive Officer. • Different forms of strong Mayor form of government in the State of Florida • Cities - Tampa , West Pa lm Beach , St. Petersburg , Orlando - will find out what options are available to present to Council Council polled as follows to move forward or have further discussion: Kaduk-yes Long-yes Kilraine - no Gunter- yes Steinke- no Lehmann - yes Donnell- no Lastra- yes Mayor Gunter noted it is 5-3 on this item so it will be moved to the City Attorney to bring back at a later date. City Attorney Boksner noted his goal was to get this on the General Election . He would need to restructure the entire Charter. He will put this topic on a COW and provide other Charter options for strong Mayor form of government which are somewhat comparable. Mayor Gunter commented: • Assuming there is a majority vote to move this forward , he opined what would be in the best interest for the community - have all items spoken about previously in the Primary to see if that passes . • If the strong Mayor form of government fails in the General, at least we cleaned up some of the language under the City Manager form of government discussed today • Maybe for strong Mayor there will be some language in the ballot regarding a Charter change City Attorney Boksner explained : • A new Charter would be rewritten • 2030 November election - lead time to allow for transitory period • Process for reappointments for City Administrator and Department Heads • Would come before Council for approval Councilmember Steinke commented : • General Election - form of government passes - conflicts of items passed on Primary • Mid-Term Election in 2028 to fix referendums on Primary Ballot I I I I I I City Attorney Boksner explained : VOLUME : LXXX PAGE: 433 DECEMBER 10 , 2025 • Primary referendums would be effective for a two-year period , then could be corrected in 2028, used Federal Election as an example Councilmember Kaduk commented: • Suggested putting the Yacht Club on the ballot for the General Obligation Bond • Financi ng portion - $225M plus - yes or no from the voters • Council may have to scale back for affordability Councilmember Kilraine commented : • Suggested it was premature to put it on the ballot at this time • RFl 's process Councilmember Steinke commented: • Until we get the results back for P3 , we do not know if we will even need it. • Drop-dead date to get items back to the Attorney, RFls by end of year, bring it to COW for discussion , put some verbiage for a Referendum at that point City Attorney Boksner commented: • August 18 th Primary - deadline is April 20 , 2026 • November 3 rd General - deadline is July 6, 2026 • Resolution designating the Yacht Club as a qualifying project pu rsuant to Publ ic Private Partnership statute • Should there be someone prepared to present us with an unso li cited proposa l, they will be able to do that; we have already identified that as a qualifyi ng project • What the financial components are of that unsolicited proposal • Distinction from putting on a competitive solicitation • See if there is a P3 where someone will submit to us • GO Bonds require additional steps . • Will inform Council about deadline to get GO Bond on either Primary or General Mayor Gunter asked the City Manager if there were any interested parties . City Manager llczyszyn responded that they wi ll be soliciting fo r the project, and a GO Bond Referendum for funding mechanism would be prematu re. Mayor Gunter commented : • Staff has already been given the direction to go out for RFI. • Time period for solicitation City Manager llczyszyn exp lained : • Allow at least 60 days for the RF I • RFI should go out after the first of the year. Mayor Gunter commented : • Let the RFI process play out • P3 will reduce the taxpayers ' burden City Attorney Boksner commented : • The Resolution is different from the Procurement process • Casting wide net to have multiple options Councilmember Long commented : • Supported it in principle to be able to run both tracks parallel • Did not want the idea to get thrown out because of waiting Councilmember Kaduk commented: • In 2022 Yacht Cl ub went off track due to Hurricane Ian . • Have the language for the GO Bond ready • If it is voted no , then we know what options are available . Counci lmember Ki lraine commented : VOLUME: LXXX PAGE: 434 DECEMBER 10 , 2025 • Need to be strategic about running paralle l with P3 and GO Bond Mayor Gunter asked if we want to direct the City Attorney to start developing some type of language involving the Yacht Club as far as some type of financing or do 1we want to wait to get the RF/ out and have discussion at a later time. Council polled as follows: Kaduk - we should be prepared on how we are going to pay for it Long - yes, start now Kilraine - wait Gunter - wait for RF/ Steinke - wait Lehmann - wait Donnell- no Lastra - yes, start on language now, be prepared either way Mayor Gunter noted it was 5-3 to wait to get the RFl's and have future discussion on this topic on how to proceed . He announced this completed the discussion under Business. LAST CALL FOR COMMENT CARDS CITIZENS INPUT TIME Marie Kavanaugh

  • The official minutes identify speakers and topics, but summarize rather than quote their exact words.

Record text

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I I I VOLUME: LXXX PAGE: 421 DECEMBER 10 , 2025 MINUTES FOR THE SPECIAL MEETING OF THE CAPE CORAL CITY COUNCIL December 10 , 2025 Council Chambers Meeting called to order by Mayor Gunter at 1:02 p.m. PLEDGE OF ALLEGIANCE 1 :0 0 p .m. Roll Call: Mayor Gunter, Councilmembers Don nell , Kaduk, Kilra ine, Lehmann, Long , and Steinke were present. Councilmember Lastra participated remotely. BUSINESS Charter Referendum Discussion Mayor Gunter explained this agenda item: • Discussion of any items that the Charter Review Commission brought forward • Any other discussion regarding any Charter Amendments • Review of Charter Review Commission proposal • Discussion on each item • Additional discussion from Council and Staff Councilmember Donnell commented: • New information - No li mit on what we send to the Supervisor • Suggested as we go through the items, if there is a super majority on an item we want to implement, discussion would not be needed • No super majority - then have a poll on how to proceed Mayor Gunter clarified that if we have six Councilmembers that approve an it em then we would move that item forward . If there are any modifications, discussion would be held. City Attorney Boksner commented: • Has not validated the proposed language • It will not be what you see right now • There will be a version of it, legal and appropriate • For example - 4.02 - if Council is okay with the general concept of what they have identified here as proposed language for the Charter Amendment, then he could commence the process Mayor Gunter commented : • Process of going forward • Today give the City Attorney direction on which topics generally to be brought back to Council with the verbiage that would be presented in the Referendum City Attorney Boksner commented: • 75 words maximum ballot language • Actual language that would be amending the Charter as well • Will be done by way of Ordinance • Intend to bring back to a COW to make sure Counc il is satisfied with language Mayor Gunter summarized the process : • Will give a majority consensus on particu lar topics with the understanding that it could look somewhat different • Would need to meet the legal elements • And whatever requirements are for Referendum City Attorney Boksner responded in the affirmative. Councilmember Kilraine commented : VOLUME : LXXX PAGE : 422 DECEMBER 10 , 2025 • Eliminated two at last meeting - Single District and Disqualification • Leaves us with six, two are related to salary, other four are procedural • Pro Tern fixes the date, Validation credentials , Filling vacancies Mayor Gunter commented: I• 4. 01 and 4. 12 - al ready elim inated • Was going to start with 4.02 and go through them • If we want to do the recommendation from Councilmember Donnell, we could go down the line first to see if there is a super majority which would be six individuals and move it forwa rd to the City Attorney to craft the appropriat~ language • Less th an six , ha ve discussion There were no objections to move forward with the process as described by the Mayor and recommended by Councilmember Donnell. Discussion of 4.02 - Eligibility: • • • Currently reads only qualified electors of the City, who have been continuous full time residents of the City for the entire calendar year immediately preceding their qualification for office, as pro vided in Section 4. 05, shall be eligible to hold the office as Council member or Mayor Key po int- in order to be qualified to run you only have to be a resident of the City for a period of one year, not necessa ri ly in the District Proposed : Only qualified electors of the City, who have been continuous full time residents of the City for the entire calendar year immediately preceding their qualification for office, as provided in Section 4. 05, shall be eligible to hold the office of Council member or Mayor. A candidate for Council member shall have been continuous full time resident of the District in which they are seeking office for the entire calendar year immediately preceding their qualification for office. "Residency" shall be defined as the candidate's place of domicile, or permanent legal address. Council polled as follows whether to move this item forward as written: Kaduk-yes Long-yes Kilraine - yes Gunter-yes Steinke - yes, but citizens should consider certain circumstances Lehmann - no - suggested 5 years in your District Donnell - yes - if the City redraws the Jines, it may affect someone who can run or not and if they no longer qualify Lastra - yes Mayor Gunter noted there is a super majority on this item so it will be moved to the City Attorney to bri ng back at a later date. Discussion of 4.05 - Candidate qu alifications and election • There is a difference in the required proof of residency compared to what we currently have. • (a) Any person eligible to hold the office of Mayor may have his or her name placed on the ballot as a candidate for Mayor of the City upon filing with the City Clerk a sworn statement of qualification and the payment of a one hundred and fifty dollar ($150) filing fee. • (b) Any person eligible to hold the office of Council member may have his or her name placed on the ballot as a candidate for Council member for the Council district in which he or she resides upon filing with the City Clerk a sworn statement I I I I I VOLUME : LXXX PAGE: 423 DECEMBER 10, 2025 of qualifications and the payment of a one hundred dollar ($100) filing fee . Proof of residence shall be established by a valid voter's registration card. • (c) Should there be more than two qualifying candidates for Mayor or for a given Council district their names will be placed on the primary ballot. The two primary candidates receiving the highest number of votes shall be the candidates in the City General Election. The candidate receiving the highest number of votes in the City General Election shall be declared elected to the office for which he or she was a candidate. In the event there are fewer than three qualifying candidates for Mayor or for a given Council district their names will not appear on the primary election ballot but they will appear on the City General Election ballot. • (d) If a vacancy in candidacy occurs caused by death, withdrawal, or removal from the ballot of a qualified candidate following the end of the qualifying period which leaves fewer than two candidates for an office, then the qualifying date shall be extended to the latest date for which the general election guidelines may be met. If the elections guidelines cannot be met then the remaining candidate shall be declared the winner. • Proposed from the Charter Review Commission: (a) Any person eligible to hold the office of Mayor may have his or her name placed on the ballot as a candidate for Mayor of the City upon filing with the City Clerk a S'tiom statement of qualification and the payment of a one hundred and fifty dollar ($150) filing fee and submission of the required proof of residency, pursuant to subsection (c). • (b) Any person eligible to hold the office of Council member may have his or her name placed on the ballot as a candidate for Council member for the Council district in which he or she resides upon filing with the City Clerk a sworn statement of qualifications and the payment of a one hundred dollar ($100) filing fee and submission of the required proof of residenc'l pursuant to subsection (c). Proof of residence shall be established by a v-a!id voter's registration card. • (c) Proof of residency shall be established by submission of the following: (1) All candidates shall submit a sworn affidavit at the time of qualifying that provides their place of domicile or permanent legal address and affirms that they have met the residency requirements set forth in §4 . 02 . The affidavit shall be on a form provided by the City Clerk. (2) In addition to filing the affidavit, candidates shall submit proof of residency which shall include at least two (2) of the following documents: voter's registration, driver's license or Florida identification card issued by the Florida Department of Highway Safety and Motor Vehicles, property tax receipt, homestead exemption, utility bill, or lease agreement. The documentation must show the candidate has established legal residency in the Cit½ and in the District for which they are seeking office, pursuant to the residency requirements set forth in §4 . 02 . • (e)(Ql_Should there be more than two qualifying candidates for Mayor or for a given Council district their names will be placed on the primary ballot. The two primary candidates receiving the highest number of votes shall be the candidates in the City General Election. The candidate receiving the highest number of votes in the City General Election shall be declared elected to the office for which he or she was a candidate. In the event there are fewer than three qualifying candidates for Mayor or for a given Council district their names will not appear on the primary election ballot but they will appear on the City General Election ballot. • (fi)(stl If a vacancy in candidacy occurs caused by death, withdrawal, or removal from the ballot of a qualified candidate fo llowing the end of the qualifying period which leaves fewer than two candidates for an office, then the qualifying date shall be extended to the latest date for which the general election guidelines may be met. If the elections guidelines cannot be met then the remaining candidate shall be declared the winner. VOLUME: LXXX PAGE: 424 DECEMBER 10 , 2025 Mayor Gunter po l led Council to see if there was a super majority to move it forward . Council polled as follows whether to move this item forward: Kaduk-yes Long-yes Kilraine - yes Gunter- yes Steinke - yes Lehmann - yes Donnell - yes Lastra- yes Mayor Gunter noted there is a super majority on this item so it will be moved to the City Attorney to bring back at a later date. Discussion of 4.06 - Mayor; mayor pro tern. • (a) The Mayor shall be the chief elected officer of the city, preside at all council meetings, be responsible for the orderly conduct of business, have the same powers as a council member, sign all documents as required by the City Council and shall have the power to veto line items in the City budget, provided that such veto is exercised in writing to the City Clerk, with immediate notification to the other members of the City Council at least fourteen (14) days prior to the date of the Final Public Hearing on the budget. The City Council may override such veto with a two-thirds vote of its members as provided in Section 4.16(d) . • (b) A council member shall be elected by the majority vote of the Council to serve as Mayor Pro Tern. Such election shall be held at the first Council meeting following I each City General Election, except that in the years in which there is no City IGeneral Election, such election shall take place at the first regular City Council meeting on or after the anniversary of the previous City General Election. The Mayor Pro Tern shall be responsible for the orderly conduct of business in the Mayor's absence, shall not have the power to veto and shall serve for a period of one year. (Ord. 125-02, 12-9-2002, Approved by referendum vote on April 8, 2003; Ord. 73-07, 6-11-7, Approved by referendum vote on November 6, 2007) • Proposed by Charter Review Commission : (a) The Mayor shall be the chief elected officer of the city, preside at all council meetings, be responsible for the orderly conduct of business, have the same powers as a council member, sign all documents as required by the City Council and shall have the power to veto line items in the City budget, provided that such veto is exercised in writing to the City Clerk, with immediate notification to the other members of the City Council at least fourteen (14) days prior to the date of the Final Public Hearing on the bud get. The City Council may override such veto with a two-thirds vote of its members as provided in Section 4.16(d) . • (b) A council member shall be elected by the majority vote of the Council to serve as Mayor Pro Tern . Such election shall be held at the first regular Council meeting follo wing each City General Election, except that in the years in which there is no City General Election, such election shall take place at the first regular City Council Imeeting on or after the anniversary of the previous City General Election. The Mayor Pro Tern shall be responsible for the orderly conduct of business in the Mayor's absence, shall not have the power to veto and shall serve for a period of one year. City Attorney Boksner commented: • Not necessari ly needed to be put on the ballot • Happened as a snafu during discussion of one of the items • It would be addressed and moving forward when there is no election I I I VOLUME: LXXX PAGE: 425 DECEMBER 10, 2025 • Not vital , can be addressed in a more holistic approach to the entire change as opposed to putting this on the ballot Discussion held regarding : • First Council meeting after the election that occurred the year before • Charter not modernized as it should be • Repeal and Replace , most likely in 2028 • Changing one word - regular • Scrivener's omission Council polled as follows whether to move this item forward: Kaduk-yes Long-yes Kilraine - yes Gunter-yes Steinke - yes Lehmann - yes Donnell - yes Lastra-yes Mayor Gunter noted there is a super majority on this item so it will be moved to the City Attorney to bring back at a later date. Discussion of 4.08 - Council and mayor; compensation, expenses • (a) Each city council member shall be compensated at the rate of $32,600 per year. The Mayor shall be compensated at the rate of $36,600 per year. The compensation of the Mayor and Council members shall be adjusted annually beginning in January, 2017, by the amount of the Social Security cost of living adjustment (COLA) . The salaries shall be adjusted annually in the first pay period of each calendar year. (Ord. 22-15, 6-15-15; approved by referendum vote on November 3,2015.) • (b) The council members and mayor shall receive their actual and necessary expenses incurred in the performance of their duties of office. • Proposed by Charter Review Commission: a) Each city council member shall be compensated at the rate of $32,600 $70,000.00 per year. The Mayor shall be compensated at the rate of $36,600 $80,000.00 per year. The compensation of the Mayor and Council members shall be adjusted annually beginning in January, 2017, by the amount of the Social Security cost of living adjustment (COLA) . The salaries shall be adjusted annually in the first pay period of each calendar year. (Ord. 22-15, 6-15-15; approved by referendum vote on November 3, 2015) • (b) The council members and mayor shall receive their actual and necessary expenses incurred in the performance of their duties of office. • (c) The mavor and council members shall not increase the salary. anv retirement benefit. anv stipend, or anv other tvpe of compensation paid to its members. unless such increase is approved bv Ordinance, subiect to public hearing and public comment, after a super-maioritv of at least six (6) affirmative votes, and such increase shall not be effective until after the first Citv General Election following the passage of the Ordinance providing for the increase in compensation. Council polled as follows whether to move this item forward: Kaduk-yes Long-yes Kilraine - no Gunter- no Steinke- no Lehmann- no Donnell- no Lastra- no VOLUME : LXXX PAGE: 426 DECEMBER 10 , 2025 Mayor Gunter noted there was no super majority on this item so it will be discussed further. Councilmember Long explained he probably should have said no as he felt this would be Idiscussed as separate items. He was supportive of language in (c) if the figures are removed . Councilmember Donnell commented: • Yes in concept but not the right time Councilmember Steinke commented : • Last 20 years 3 times in Referendum only adjusted once • Compensation not appropriate for volume of work being done based on analytics • Could go along with the suggestion of removing language in (c) Councilmember Kilraine commented: • Analytics related to growth • Recommended looking at a long-term mechanism Councilmember Lehmann commented : • Bad timing and the economy Councilmember Lastra commented: • Still a no Discussion held regarding : • Councilmembers have the opportunity to craft and bring something forward • Deadlines: Primary - 5:00 p.m. April 20 th ; General - 5:00 p.m. July 6 th - approved Ordinance with language translated into Spanish City Attorney Boksner commented : • Will have some of the ballot language before Council in January • Then it will go into an Introduction and a Fi rst Reading . • Four different versions 1-1 .5 years ago • He can check if those to see if they can be resurrected. • No consensus on proposa ls for (a) to move forward • Appetite for (c) - at least five would have to identify at least one version to be prepared Mayor Gunter commented : • Analytics and data • Top 12 cities with Council Manager Form of Government (list provided to Council and displayed) • Highlighted cities : Ft. Lauderdale , Tallahassee , Port St. Lucie - population over I 180,000 I• Whatever is done shou ld be done over a period of time • Did not support the way it is currently written to be put on the ballot • Part (c) additional parameters • Questioned if it should stay as is or if it should be on a COW in January • Should there be fu rther discussion or should we stay the status quo? Councilmember Kilraine commented: • Growth factor • Positions may be considered as primary jobs in the future . • Did not think it should be considered on this year's upcoming election I I I Councilmember Lehmann commented: • Part of C being subject to Public Comment and Input • Increase for Council should be on a Referendum VOLUME: LXXX PAGE: 427 DECEMBER 10 , 2025 • No more than a 3% increase , which is what Staff got, is sufficient. Council polled as follows whether to stay at status quo or have future discussion at a later date: Kaduk - future discussion at a later date Long - status quo Kilraine - status quo Gunter - status quo Steinke - future discussion Lehmann - future discussion Donnell - status quo Lastra - status quo Mayor Gunter noted it was 5-3 status quo. Discussion of 4.11 - Vacancies; forfeiture of office; filling of vacancies • (a) Vacancies. The office of Mayor or of a Council member shall become vacant upon the Mayor's or the Council member's death, resignation, removal from office in any manner authorized by law, or forfeiture of the person's office. • (b) Forfeiture of office. The Mayor, or a Council member shall forfeit his or her office if he or she: (1) Lacks at any time during the term of office any qualification for the office prescribed by this Charter or by applicable law; (2) Violates any express prohibition of this Charter,· (3) Is convicted of a felony; or (4) Fails to attend three (3) consecutive regular meetings of the Council without being excused by the Council. • (c) Filling of vacancies. A vacancy in the Council shall be filled for the remainder of the unexpired term, if any, at the next City general election follo wing not less than sixty (60) days upon the occurrence of the vacancy, but the Council by a majority vote of all its remaining members shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired terms takes office. If the Council fails to do so within thirty (30) days following the occurrence of the vacancy, the Council shall call a special election to fill the vacancy, to be held not sooner than ninety (90) days and not later than one hundred twenty (120) days following the occurrence of the vacancy and to be otherwise governed by the provisions of Article VIII, unless three (3) or more candidates qualify for the vacancy, whereby a special primary election is required. The special primary election shall occur within the timeframe provided above no sooner than ninety (90) days and not later than one hundred twenty (120) days following the occurrence of the vacancy and the special general election shall be held within 45 days following certification of the special primary election results. Notwithstanding any requirement for a quorum of the Council, if at any time the membership of the Council is reduced to less than a quorum, the remaining members may by majority action appoint additional members to raise the membership to meet the requirements of a quorum . (Ord. 71-07, 6-11-07, Approved by referendum vote on November 6, 2007; Ord. No. 27-22, Exh. A, 4-6- 2022, approved by a referendum vote on August 23, 2022) • Proposed by Charter Review Commission - (a) Vacancies. The office of Mayor or of a Council member shall become vacant upon the Mayor's or the Council member's death, resignation, removal from office in any manner authorized by la w, or forfeiture of the person's office. VOLUME: LXXX PAGE: 428 DECEMBER 10, 2025 • (b) Forfeiture of office. The Mayor, or a Council member shall forfeit his or her office if he or she: (1) Lacks at any time during the term of office any qualification for the office prescribed by this Charter or by applicable law; (2) Violates any express prohibition of this Charter; (3) Is convicted of a felony; or (4) Fails to attend three (3) consecutive regular noticed City Council meetings of the Council without being excused by the Council. • ( c) Filling of vacancies. A vacancy in the Council shall be filled for the remainder Iof the unexpired term, if any, at the next City general election following not f.ess than sixty (60) days upon the occurrence of the vacancy, but the Council by a majority vote of all its remaining members shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired terms takes office. If the Council fails to do so within thirty (30) days following the occurrence of the vacancy, the Council shall call a special election to fill the vacancy, to be held not sooner than ninety (90) days and not later than one hundred t•,o/fJnty (120) days following the occurrence of the vacancy and to be other.vise governed by the provisions of Article Vii, unless three (3) or more candidates qualify for the vacancy, vlhereby a special primary election is required. The special primary election shall occur within the timeframe provided above no sooner than ninety (90) days and not later than one hundred twenty (120) days follo•Ning the occurrence of the vacancy and the special general election shall be held within 45 days follmving certification of the special primary election results. Notvlithstand-ing any requirement for a quorum of the Council, if at any time the membership of the Council is reduced to less than a quorum, the remaining members may by majority action appoint additional members to raise the membership to meet the requirements of a quorum. Should any seat on City Council become vacant for any reason, such vacancy shall be filled in accordance with §4. 07, and the following: • (1) When a vacancy occurs causing an unexpired term of more than two /2) years Iin duration , the vacancy shall be filled at the next scheduled City general election, but the Council shall appoint by maiority vote, a person eligible to hold office pursuant to §4.02, to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office. • (2 ) When a vacancy occurs causing an unexpired term of less than two (2) years in duration , the vacancy shall be filled at the next scheduled City general election, but the Council shall appoint, by maiority vote, a person eligible to hold office pursuant to §4. 02, to fill the vacancy until the person elected to serve the new term takes office. • (3) If the Council fails to appoint an eligible replacement to fill the vacancy within thirty (30) days following the occurrence of the vacancy, a special election shall be called to fill the balance of the remaining term, if any. Such a special election shall be held not sooner than ninety (90) days and not later than one hundred eighty (180) days following the occurrence of the vacancy and will otherwise be governed by the provisions of Article VIII, unless three (3) or more candidates qualify for the vacancy, in which case a special primary election will be required. • a. If a special primary election is required under §4 . 11 (c)(3) , it shall be held no sooner than ninety (90) days and not later than (120) days following the occurrence of the vacancy, and the special general election shall be held within forty-five (45) days following certification of the special primary election results. • (4 ) Notwithstanding any requirements for a quorum of the Council contained elsewhere in this Charter, if the membership of the Council is reduced to less than a quorum at any time by reason of vacancies, the remaining members of the Council may by maiority action appoint additional members to raise the membership to meet the requirements of a quorum. I I I I VOLUME : LXXX PAGE: 429 DECEMBER 10 , 2025 Council polled as follows to move forward or have further discussion: Kaduk-yes Long-yes Kilraine - yes Gunter- yes Steinke - yes, questioned election timing, suggested cleaning language Lehmann - yes Donnell - yes Lastra- yes Mayor Gunter noted there is a super majority on this item so it will be moved to the City Attorney to bring back at a later date. Councilmember Kilraine commented: • Thanked the Charter Review Commission Mayor Gunter explained those were all of the items that were recommended by the Charter Review Commission . He opened the floor for additional items to be considered . Councilmember Donnell commented : • Questioned language for putting an item on a Primary or a General Electi on City Attorney Boksner explained Council could choose to put some on the Primary as well as some on the General. Councilmember Donnell commented: • One General makes more sense to him. City Attorney Boksner explained he would bring the final version of the Charter Amendments with ballot language in Ordinance form. If there is approval at that time , Council could identify items for the Primary or the General Election. Councilmember Donnell commented : • Single Member Districts was eliminated previously due to whittling the list down • One that needs to go to the voters ' decision Councilmember Long commented: • Wanted to discuss Single Member Districts Mayor Gunter asked if this should be opened back up and have another discussion. Council polled as follows to move forward or have further discussion: Kaduk-yes Long-yes Kilraine - no Gunter- no Steinke- no Lehmann- no Donnell - yes Lastra- no Mayor Gunter noted we were still in the same place . Councilmember Long commented: • Additional topics that were not brought forth by the Charter Review Commission • Strong advocate for strong Mayor form of government • Currently it is Council Manager form of government • Opined that it is a flawed system • Puts most powerful person in the City Government outside the reach of voters VOLUME : LXXX PAGE: 430 DECEMBER 10 , 2025 • City Manager currently controls all of the day-to-day operations , hiring of the Department Heads and directing them , entire budget process • City Manager not elected , cannot be voted out by the public • Strong Mayor form of government - all these things would be flipped • How do we fix it so there is a way for the City Manager position to answer to the people and have accountability? • 5 out of the 7 cities larger than us implement a strong Mayor form of government I• This is the way this needs to go moving forward in order for us to grow the way we need to • Someone directly responsible for executive leadership - direct the departments, propose the budget, most importantly that they answer directly to the people every election cycle • Most recently worked for the School District • Most important for him, measurable budget reduction , fiscal responsibility • Not an attack on our City Manager but on the system • Urged Council to consider that voters should make the decision . Councilmember Lastra commented : • Agreed with Councilmember Long • Size of our City should consider it or at least allow voters to choose • Liked accountab ility factor • Our system is flawed. • Would support th is to go on the ballot and allow the residents to decide Councilmember Steinke comme nted : • Concern about scope of City Manager's job • Needs to be done by the most highly qualified person • Would want to look outside the City for a City Manager if the current City Manager Iwas incapacitated. • Did not support it because it would involve a lengthy and competitive hiring process , scope of candidates would need to come from a broader base Councilmember Kaduk commented : • Supported this goi ng on the ballot • Believed our residents think we do have a strong Mayor form of government; research is needed by them Councilmember Kilraine commented : • Aga inst it going on the ballot • We have someone that came up through the ranks and has the capacity to run an operation of all requirements necessary • Entire Council makes the decisions. • Operating the City is different, special skill set needed. • Not in favor Councilmember Donnell commented : • Did not feel we are in a position to put it on the ballot now • Need to obtain the data and run it through our Charter Review Commission • Strongly against it on the ballot for 2026 Councilmember Lehmann commented : • Needed to go on the ballot • Citizens need to be able to weigh into this , know what's going on , and be involved in the whole situation. • As to whether it is a strong Mayor type of government or we continue the way it is , it is a decision that needs to be up to the citizens. Councilmember Long commented: • Staff-driven government I I I I • People deserve to have this opportun ity to decide Councilmember Lastra commented: • Understood both sides VOLUME: LXXX PAGE: 431 DECEMBER 10 , 2025 • If the citizens decide this is the route we want to go in our City, we may get higher qualified candidates to run that could elevate our City Councilmember Kilraine commented: • Council is held accountable City Manager llczyszyn commented: • Spirited discussions with Councilmember Long on this topic for over a year • Suggested a few considerations • Staff-run government - professional run government • We run on principles , ethics , and policies . • Studies suggest that a City Manager government versus elected official were 10 % more efficient • If there is a problem with someone hired , it can be addressed next week. • But when elected , it takes a long time to get someone held accountable/removed . • Hurdle of removing a Mayor is much more difficult than removing a City Manager • Goal if this moved forward would be to make sure the electorate has the information needed to understand what a change of that magnitude would bring Councilmember Steinke commented: • Not opposed to giving citizens the opportunity to make determination by having this on the ballot • Domino effects to decisions that are made • Council just said at this meeting that now is not the time to discuss compensation • Yet now we are willing by some to have something on the ballot to give all those responsibilities to a City Manager Councilmember Long commented: • These items will not go into effect until 2030 . • So, kicking the can down the road is not addressing the issue Councilmember Donnell commented : • Questioned when it would be effective • Opined it would be a mistake Councilmember Long commented : • Today at least flush out a path forward • Educate the public Mayor Gunter commented : • Anything said today would need to be worked on • City Manager form of government chosen in 1970 when the City was incorporated • Decision belongs to the citizens . • Opined this is more for the future • Let the City Attorney draft potential language Councilmember Steinke commented: • If this was approved by the voters , would there be steps that needed to happen along the way? • No problem with it being on the ballot but no magic wand of switching and no existing plan to get there. • Very complicated process is his concern . • Will have to spend appropriate amount of time educating our citizens on what shifting to that type of government really means • Develop a majority vote - said yes put it there • Verbiage that comes back may put us at risk if approved VOLUME: LXXX PAGE : 432 DECEMBER 10, 2025 • If this Referendum passes with no plan to get us there by the implementation date • If what was brought back to them would it have transition steps City Attorney Boksner responded there would be no transit ion steps. He further commented: • If Counci l approved , it would require altering of the Charter extensively. • Probably with getting it on the 2026 General Election • Most likely effective in 2030 • 2030 - would have a Mayor that will run for the strong Mayor • At that point, that elected person will then have his own organization . • Some call it Chief of Staff, some call it City Administrator, but the Mayor would ultimately be in charge with everyone reporting to him. • Transition will be the responsibility of the individual strong Mayor elected in 2030 • Once they assume that position , it will be incumbent upon themselves to obtain their own staff. • Used the Federal Level as an example . • Mayor would not be part of Council but essentially the Chief Executive Officer. • Different forms of strong Mayor form of government in the State of Florida • Cities - Tampa , West Pa lm Beach , St. Petersburg , Orlando - will find out what options are available to present to Council Council polled as follows to move forward or have further discussion: Kaduk-yes Long-yes Kilraine - no Gunter- yes Steinke- no Lehmann - yes Donnell- no Lastra- yes Mayor Gunter noted it is 5-3 on this item so it will be moved to the City Attorney to bring back at a later date. City Attorney Boksner noted his goal was to get this on the General Election . He would need to restructure the entire Charter. He will put this topic on a COW and provide other Charter options for strong Mayor form of government which are somewhat comparable. Mayor Gunter commented: • Assuming there is a majority vote to move this forward , he opined what would be in the best interest for the community - have all items spoken about previously in the Primary to see if that passes . • If the strong Mayor form of government fails in the General, at least we cleaned up some of the language under the City Manager form of government discussed today • Maybe for strong Mayor there will be some language in the ballot regarding a Charter change City Attorney Boksner explained : • A new Charter would be rewritten • 2030 November election - lead time to allow for transitory period • Process for reappointments for City Administrator and Department Heads • Would come before Council for approval Councilmember Steinke commented : • General Election - form of government passes - conflicts of items passed on Primary • Mid-Term Election in 2028 to fix referendums on Primary Ballot I I I I I I City Attorney Boksner explained : VOLUME : LXXX PAGE: 433 DECEMBER 10 , 2025 • Primary referendums would be effective for a two-year period , then could be corrected in 2028, used Federal Election as an example Councilmember Kaduk commented: • Suggested putting the Yacht Club on the ballot for the General Obligation Bond • Financi ng portion - $225M plus - yes or no from the voters • Council may have to scale back for affordability Councilmember Kilraine commented : • Suggested it was premature to put it on the ballot at this time • RFl 's process Councilmember Steinke commented: • Until we get the results back for P3 , we do not know if we will even need it. • Drop-dead date to get items back to the Attorney, RFls by end of year, bring it to COW for discussion , put some verbiage for a Referendum at that point City Attorney Boksner commented: • August 18 th Primary - deadline is April 20 , 2026 • November 3 rd General - deadline is July 6, 2026 • Resolution designating the Yacht Club as a qualifying project pu rsuant to Publ ic Private Partnership statute • Should there be someone prepared to present us with an unso li cited proposa l, they will be able to do that; we have already identified that as a qualifyi ng project • What the financial components are of that unsolicited proposal • Distinction from putting on a competitive solicitation • See if there is a P3 where someone will submit to us • GO Bonds require additional steps . • Will inform Council about deadline to get GO Bond on either Primary or General Mayor Gunter asked the City Manager if there were any interested parties . City Manager llczyszyn responded that they wi ll be soliciting fo r the project, and a GO Bond Referendum for funding mechanism would be prematu re. Mayor Gunter commented : • Staff has already been given the direction to go out for RFI. • Time period for solicitation City Manager llczyszyn exp lained : • Allow at least 60 days for the RF I • RFI should go out after the first of the year. Mayor Gunter commented : • Let the RFI process play out • P3 will reduce the taxpayers ' burden City Attorney Boksner commented : • The Resolution is different from the Procurement process • Casting wide net to have multiple options Councilmember Long commented : • Supported it in principle to be able to run both tracks parallel • Did not want the idea to get thrown out because of waiting Councilmember Kaduk commented: • In 2022 Yacht Cl ub went off track due to Hurricane Ian . • Have the language for the GO Bond ready • If it is voted no , then we know what options are available . Counci lmember Ki lraine commented : VOLUME: LXXX PAGE: 434 DECEMBER 10 , 2025 • Need to be strategic about running paralle l with P3 and GO Bond Mayor Gunter asked if we want to direct the City Attorney to start developing some type of language involving the Yacht Club as far as some type of financing or do 1we want to wait to get the RF/ out and have discussion at a later time. Council polled as follows: Kaduk - we should be prepared on how we are going to pay for it Long - yes, start now Kilraine - wait Gunter - wait for RF/ Steinke - wait Lehmann - wait Donnell- no Lastra - yes, start on language now, be prepared either way Mayor Gunter noted it was 5-3 to wait to get the RFl's and have future discussion on this topic on how to proceed . He announced this completed the discussion under Business. LAST CALL FOR COMMENT CARDS CITIZENS INPUT TIME Marie Kavanaugh commented on the compensation package - 4.08 paragraph 3 needs to be completely eliminated ; accountability with procurement; Jaycee park cost increase. Kyle L'Hommedieu suggested : 1. that raises be based upon how much money Council IMember saves taxpayers ; 2. a hybrid form of government where the Mayor and City Manager work together as a team and share the same salary; 3. citizens should say what gets done at the Yacht Club; 4. requested an answer from each Councilmember about the household med ian income. Richard Leon commented that the Charter Review Commission broke down every line of the City Charter. Strong Mayor form of government was discussed in great detail ; only one Member was in favor of moving it forward. It could be formed as a question: Do we want a strong Mayor form of government? This would allow Council and residents to spend the next two years until 2028 to hone down on what that style looks like. Councilmember Long commented: • Was Charter Review Commission liaison - suggested Councilmembers listen to the meetings reco rdings; many not knowledgeable about the form of government. • Discussion was led by the Chair who is currently on the ballot for Mayor Mayor Gunter commented : • It is not up to the Charter Review Commission members to make that decision • Addressed speaker's comment about Council compensation TIME AND PLACE OF FUTURE MEETINGS A Regular Meeting of the Cape Coral City Council was scheduled for Wednesday, December 10 , 2025 , beginning at 4:00 p.m. in Council Chambers. I I I I MOTION TO ADJOURN VOLUME : LXXX PAGE: 435 DECEMBER 10 , 2025 There being no further business , the meeting adjourned at 3:36 p.m. Submitted by , 1~~ Kimberly Bruns, CMC City Clerk

All meeting actions

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6 meeting items captured. The published sources do not prove this is the complete docket.

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  • Agenda item 4.02Other meeting itemsapproved - Super-majority consensus

    Council voted to move forward with a requirement that candidates must be full-time residents of their specific district for one year before running for office.

    Eligibility Residency Requirements

  • Agenda item 4.05Budget and financeapproved - Unanimous consensus

    Council approved moving forward with new rules requiring candidates to submit two forms of proof of residency, such as utility bills or property tax receipts, when filing for office.

    Candidate Qualifications and Proof of Residency

  • Agenda item 4.06Other meeting itemsapproved - Unanimous consensus

    Council approved moving forward with minor procedural updates to the Mayor's role, including clarifying election timing for the Mayor Pro Tem.

    Mayor and Mayor Pro Tem Procedures

  • Agenda item 4.08Other meeting itemsdenied - 5-3 vote to maintain status quo

    Council rejected a proposal to significantly increase salaries for the Mayor and Council members, citing economic concerns and bad timing.

    Council and Mayor Compensation

  • Agenda item 4.11Other meeting itemsapproved - Super-majority consensus

    Council approved moving forward with updated rules for filling council vacancies, including clearer timelines for appointments and special elections.

    Vacancy Procedures

  • Agenda item Strong Mayor ProposalOther meeting itemsapproved - 5-3 vote

    Council voted to have the City Attorney draft potential language to transition the city to a 'strong mayor' system, where the Mayor would act as the chief executive.

    Strong Mayor Form of Government

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