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OCTOBER 10, 2023
The
Charter Review Commission Meeting
was held on this
date
in the First Floor Conference Room 118, Lee
County Administration Building East, 2201 Second Street, Fort Myers, Florida with the following Charter
Review Commission Members:
CHARTER REVIEW COMMISSION MEMBERS:
Chairman Shaw called the meeting to order at 5:03 p.m., followed by the Pledge of Allegiance.
PUBLIC COMMENT:
Chairman Shaw called for Public Comment, and there were
seven
speakers:
•
Robert Eschenfelder – Village of Estero Attorney
o
Discussed voluntary annexation and his opposition to the proposed amendment. He stated the
way the voluntary annexation proposal is written, it takes away the ability of a private property
read Florida Statute 171.203.
•
o
Discussed voluntary annexation and his opposition to the proposed amendment. The Mayor
annexation. He stated that he is a very strong supporter of personal property rights and also the
•
Mayor of Village of Estero
o
amendment of the County Charter with regard to annexation. The amendment would impede the
free right of property owners to voluntarily annex into a municipality.
•
o
The Mayor discussed the lack of affordable housing for essential workers. He stated if the
proposed amendment passes, it will severely impact the ability to continue to increase the
housing supply and provide much needed housing. The Mayor stated this is not a quality of life
also passed a resolution adamantly opposing the proposed voluntary annexation provision of the
such proposal.
•
o
•
o
Chief Rogers discussed his support for the proposed voluntary annexation amendment suggested
for a productive conversation regarding annexation. Chief Rogers spoke on behalf of the
showing their support for not only the voluntary annexation amendment, but the Interlocal
Agreement language as well.
•
o
that service annexed lands.
Minutes of 101023CR
COMMISSION DISCUSSION ON
VOLUNTARY ANNEXATION:
Commission Member Noel Andress stated the Lee County voters deserve an opportunity to have their voice
heard on whether they want to see responsible government annexation policies or if they wish to continue with
the haphazard pattern of annexation polices that we see today. Mr. Andress continued that the practice of
service districts only receiving funding from the municipalities that have annexed land for a period of four years
leaves service districts in poor financial standing, requiring that service districts continue funding services they
are no longer reimbursed or funded for.
Voluntary Annexation so that interested parties could ensure they are present and have the ability to provide
input. Chairman Shaw suggested scheduling the vote for after January 1, 2024. Mr. Sund suggested setting the
vote for a closer date as he feels drawing out the discussion with no action is not in the best interest of the
Commission. Commission Member Ronald Inge stated that he has concerns with the proposed language and
would like to see some changes, but also an earlier vote. Commission Member Kevin Besserer questioned the
County Attorney’s office about the number of meetings remaining before language on the issue must be
finalized. Deputy County Attorney, Andrea Fraser stated the Commission has three public hearings that is
required by the Charter and those hearings should begin no later than February 2024.
understanding of the proposed language, and the requirements for voting for or against that proposed language.
Deputy County Attorney, Andrea Fraser stated that the Commission must provide direction in regards to
proposed language. The Commission cannot simply direct the County Attorney’s office to draft language
without providing guidance. Commission Member Kevin Besserer suggested drafting language that creates a
forum where representatives from Lee County and Municipalities can meet to discuss items such as services,
and fees. Commission Member Andrew Sund recommended the Commission vote on an intent to move forward
with the understanding that at the November 14, 2023, meeting, proposed language would need to be presented
providing the Commission a number of months to finalize the language for public hearings. Commission
Member Randal Mercer suggested scheduling out the next three meetings allowing for the Commission to select
dates for a proposed amendment, alternatives from the County Attorney’s office, and a final document to vote
on.
Vote:
Commission Member Kevin Besserer moved to assemble draft language regarding voluntary annexation
at the November 14, 2023, meeting with the purpose of providing the Lee County Attorney’s Office with
guidance, so that the County Attorney’s office may provide a draft amendment to be voted on at the December
12, 2023, Commission meeting, seconded by Commission Member Noel Address, called and carried with only
COMMISSION DISCUSSION ON COMMISSION ON ETHICS:
Commission Member Noel Andress stated that with the large number of back-logged ethics complaints that the
State of Florida is currently seeing, it would be beneficial for Lee County to have a place for local government
officials, and residents to file ethic complaints. Mr. Andress stated that he had hoped the Clerk Karnes and the
Lee County Clerk of Court’s office would have that responsibility but understands that without subpoena power
an Ethics Commission would be powerless. Commission Member Kevin Besserer stated his satisfaction with
the audit procedures currently performed by Clerk Karnes, and the Lee County Clerk of Courts therefor does
not see a need to move forward with discussions regarding an Ethics Commission.
Commission Member Ronald Inge stated that he believes the issue lays within the procurement process, and
that Clerk Karnes and the Lee County Clerk of Courts auditing procedures are sufficient. Lee County Clerk of
the Circuit Court and Comptroller, Kevin C. Karnes stated that the County only has oversight when it comes to
Vote:
Commission Member Kevin Besserer moved to not continue discussions regarding an ethics commission,
OTHER COMMISSION MEMBER ITEMS FOR DISCUSSION:
Public Hearing Locations:
Deputy County Attorney, Andrea Fraser requested the Commission provide feedback and recommendations on
where to hold public Commission meetings. Commission Member Kevin Besserer questioned if the
Commission could repeat what the previous Charter Review Commissions had done, and look into using local
high schools. Attorney Fraser informed the Commission that she would attempt to secure local High Schools,
Minutes of 101023CR
but stated that Rec Centers and County Library locations would be easier to secure. Commission consensus was
reached that County Staff would be best equipped to handle securing the locations for public meetings.
Additional Items for Commission Consideration:
Deputy County Attorney, Andrea Fraser stated that she understood some people might be displeased with the
deadlines previously set in regards to discussing items to be submitted to voters. Attorney Fraser asked the
Commission if they wanted to suggest any new proposed charter amendments. Commission Member Andrew
Sund stated that the Commission should look into disbanding if they are unable to come to agreement on any
items to present to Lee County voters. Chairman Shaw stated that just because this Commission is unable to
move forward on an item does not mean that future Commissions might not be able to do so. Commission
Member Noel Andress stated that current rules require too many Commission members voting in the positive to
move an item forward.
Commission Conesus was reached to not consider any additional items.
ADJOURNMENT:
The Chairman adjourned the meeting at 6:12 p.m.
Minutes of 101023CR