main-menu2
council_meeting
.
|
Table of Contents:
Article I: Corporate Name; Purpose of the Charter
Section 1.01 Town of Fort Myers Beach. -- The municipality hereby
established shall be known as the Town of Fort Myers Beach, Florida.
Section 1.02 Purpose of the charter. -- This charter is ordained and
established by the people of the Town of Fort Myers Beach, Florida, to promote
the general welfare and common good of the community by providing the framework
for a municipal corporation to exercise municipal home rule powers under the
Constitution and laws of the State of Florida.
Article II:
Territorial Boundaries
Section 2.01 Boundaries of the
Town of Fort Myers Beach.--The territorial
boundaries of the Town of Fort Myers Beach upon the date of incorporation shall
include the following areas situated in the County of Lee, State of Florida:
A corporate limit lying
offshore from Estero Island, which line is described as follows: all that part of Lee County that is located and
situated within Estero Island, including
a corporate limit line offshore 1,000 feet in the Gulf of Mexico and 1,000 feet in the inland bays, and
parallel with the shore line of said Estero Island,
excluding all of San Carlos Island, Black Island and, structures exclusively attached thereto.
Section 2.02 Extension of the corporate limits; annexation.--The corporate
limits of the Town of Fort Myers Beach may be revised as provided by general
law.
Article III: General
Powers of the Municipality
Section 3.01 All powers
possible.--The Town of Fort Myers Beach shall have all governmental, corporate,
and proprietary powers to enable it to conduct municipal government, perform
municipal functions, and render municipal services, and may exercise any power
for municipal purposes except as otherwise provided by law. The powers of the
Town of Fort Myers Beach shall be construed liberally in favor of the
municipality, limited only by the Constitution, general law, and specific
limitations contained herein.
Section 3.02 Joint exercise of powers.--The town may exercise any of its powers
or perform any of its functions and may participate in the financing thereof,
jointly or in cooperation by contract or otherwise, with any one or more
states, counties, municipalities, or any agencies thereof, or the United States
or any agency thereof.
Article IV: Charter Officers
Section 4.01 Council members; elections.--
(a) There shall be a town council, hereinafter referred to as the council, with
all legislative powers of the town vested therein, consisting of five council
members, all of whom shall be elected from the town at-large, for the initial
election. The council shall place the matter of a change in the charter
regarding at-large or district elections for council members to a vote of the
electorate no later than 2 years after formation of the municipality with
public hearings as to said matter as required under section 13.03 hereof.
(b) Council seats shall be designated as seats #1, #2, #3, #4, and #5.
Candidates shall not seek election to a specific seat on the council. All
qualified candidates shall be deemed to be seeking election to all open council
seats. Assignment of open seat numbers
shall be alphabetically by incoming Council members’ last names.
(c) Each member of the council shall be a resident of the town and a registered
voter and shall have resided within the corporate limits of the municipality
for a minimum of 1 year prior to qualifying for election.
(d) The council are elected officials who are accountable to the citizens at
regularly held elections and who are subject to recall as provided by law. The
citizens, through these processes, have the opportunity to elect, reelect, or
dismiss their elected officials whose promise of performance or actual
performance in office best reflects the policies which the citizens desire to
implement in the government of the town.
(e) Policy making is the sole prerogative of the elected council.
Administrative staff, whether hired or appointed under terms of this charter,
is subordinate to the elected officials, whose power derives from the consent
of, and election by, the citizens of the town.
(f) Except as otherwise prescribed herein or provided by law, legislative and
police powers of the town shall be vested in the council, including the
establishment of boards, commissions, and committees. The council shall provide
for the exercise of its powers and for the performance of all duties and
obligations imposed on the municipality by law.
Section 4.02 Mayor.--At the first regularly scheduled meeting following the
town's regular election, the council, by majority vote, shall elect from its
membership a mayor. The mayor shall serve as chairperson during meetings of the
council and shall serve as the head of municipal government for the purpose of
execution of legal documents as required by ordinance. The mayor shall also
serve as the ceremonial head of the town.
Section 4.03 Vice mayor.--At the first regularly scheduled meeting following
the town's regular election, the council, by a majority vote, shall elect from
among its membership a vice mayor who shall serve as mayor during the absence
or disability of the mayor and, if a vacancy occurs, shall become interim mayor
pursuant to section 4.08 of this charter.
Section 4.04 Prohibitions--
(a) Neither the council, nor any individual member of the council, shall in any
manner dictate the employment or removal of any employee other than the town
manager and town attorney. No individual member of the council shall give
orders to any officer or employee of the town. Recommendations for the
improvements in the town government operations shall come through the town
manager, but each member of the council shall be free to discuss or recommend
improvements to the town manager, and the council is free to direct the town
manager to implement specific recommendations for improvement in town
government operations.
(b) No present or former elected town official shall hold any compensated
appointive office or employment with the town until 1 year after the expiration
of the official's elected term.
Section 4.05 Compensation.--
(a) An ordinance establishing, increasing, or decreasing compensation of the
council may be adopted at any time; however, in no event shall any
establishment of compensation or any increase in compensation become effective
prior to the first day of the first month following the first regular election
of the town subsequent to the adoption of such ordinance.
(b) The council may provide for reimbursement of actual expenses incurred by
its members while performing their official duties.
Section 4.06 Vacancies.--The office of a member of the council shall become
vacant upon the member's inability to fulfill the duties of the office,
resignation, or removal from office as authorized by law or this charter.
Section 4.07 Forfeiture of office.--A member of the council may forfeit the
office, if the member:
(a) Lacks at any time during the term of office any qualification for the
office prescribed by this charter or by law;
(b) Violates any express prohibition of this charter;
(c) Is convicted of a felony or criminal misdemeanor which misdemeanor involves
the office of town council; or
(d) Misses three consecutive regularly scheduled council meetings.
If any of these events should occur, a hearing shall automatically be conducted
at the next regularly scheduled council meeting, and the member may be declared
to have forfeited office by majority vote of the council.
Section 4.08 Filling of vacancies.--A vacancy on the council, except for the
position of mayor, shall be filled by appointment by majority vote of the
council members remaining, and said appointment shall be effective until a
successor is chosen at the next regular election. In the event that a majority
of the members of the council are removed by death, disability, law, or
forfeiture of office, the governor shall appoint an interim council that shall
call a special election to be held within 45 days following the occurrence of
the vacancies to elect a new council. In the event that the mayor becomes
unable to fulfill the duties of his office, ceases to be qualified, or is
removed from office as provided by law or this charter, the vice mayor of the
council shall assume the full powers and duties of the mayor. The vice mayor of
the council shall temporarily relinquish his office as council member and shall
assume the office of mayor for the remainder of the unexpired term. The council
vacancy thus created shall be filled by an interim appointment under the
provisions of this charter, to be effective only until such time as the mayor
resumes his office or until the expiration of the term of the office, whichever
occurs first.
Section 4.09 Judge of qualifications.--The council shall be the judge of the election
and qualifications of its members and of the grounds for forfeiture of their
office and for that purpose shall have power to subpoena witnesses, administer
oaths, and require the production of evidence. A council member charged with
conduct constituting grounds for forfeiture of this office shall be notified by
the town clerk by certified mail and shall be entitled to a public hearing at
the next regularly scheduled meeting of the council as outlined in section 4.07
of this charter. Notice of such hearing shall be published in one or more
newspapers of general circulation in the town at least 1 week in advance of the
hearing.
Section 4.10 Independent financial audit.--The council shall provide for an
independent annual financial audit of all town accounts and may provide for
more frequent audits as it deems necessary. Such audits shall be made by a
certified public accountant or a firm of such accountants who have no personal
interest, direct or indirect, in the fiscal affairs of the town government or
in any of its officers. Residency in the town shall not be construed as a
prohibited interest.
Section 4.11 Meetings.--The council shall meet regularly at least eight times
per year and shall meet no less often than bimonthly at such times and locations
within the boundaries of the town as the council may prescribe. Special
meetings may be held on the call of the mayor or the town manager and, whenever
practical, upon no less than a 24-hour notice to each member and the public.
Action taken at a special meeting shall be limited to the purpose for which the
special meeting is called. A special meeting may be held outside the town with
proper notice. All meetings shall be public and shall be scheduled to commence
no earlier than 7 a.m. nor later than 10 p.m.
Section 4.12 Rules and journal.--The council shall determine its own rules and
order of business and shall provide for keeping a journal and minutes of its
proceedings. The journal and minutes shall be public records.
Section 4.13 Voting; quorum.--Roll call voting shall be required for ordinances
or upon the specific request of a council member and shall be recorded in the
minutes; otherwise, voting shall be by ayes and nays. Three members of the
council shall constitute a quorum. No action of the council shall be valid or
binding unless adopted by the affirmative vote of a majority of the council.
All council members in attendance shall vote on all council actions, except
when, with respect to any such member, there is, or appears to be, a possible
conflict of interest as defined under general law.
Article V:
Nominations and Elections;
Terms of Office
“Section 5.01. Elections. The regular election of the
members of the council shall be held on the second Tuesday in March. The time
period that candidates must qualify shall be from noon of the 50th
day prior to the second Tuesday in March to noon of the 46th day, or
as adjusted by a holiday or leap year.”
Section 5.02 Commencement of Term.--
The term of a member of the council shall begin at the first council meeting
following the general election.
Section 5.03 Terms of office.--The terms for all council seats, #1, #2, #3, #4,
and #5, shall be for 3 years, except during the transition period, seats #1 and
#2 shall initially be for a term from November, 2000 to March, 2004 and seats
#3, #4, & #5 shall be for a term from November, 2001 to March, 2005. No
member of the council shall serve for more than two consecutive full terms.
After one year out of office, a candidate may re-qualify for any vacant seat.
Section 5.06 Nonpartisan elections.--All elections for officers of the town
shall be conducted on a nonpartisan basis without any designation of political
party affiliation.
Section 5.07 Multiple candidates.-- In the event that more candidates qualify
for election than there are open council seats, those candidates shall
participate in the regular election and the candidate or candidates receiving the
most votes cast shall be elected to the open council seat or seats.
Section 5.08 Recall.--The qualified electors of the municipality shall have the
power to recall and to remove any elected official of the town as prescribed by
general law.
Article VI:
Town Manager
Section 6.01 Appointment and
qualifications.--The council shall appoint a town manager for an indefinite
term and fix compensation. The town manager shall be appointed primarily on the
basis of executive and administrative qualifications.
Section 6.02 Removal.--The council may remove the town manager for any reason
by affirmative vote of the council. If the vote is less than unanimous by all
council members, the town manager may, within 7 days of the dismissal motion by
council, submit to the mayor a written request for reconsideration. Any action
taken by the council at the reconsideration hearing shall be final.
Section 6.03 Powers and duties.--The town manager shall be the chief
administrative officer of the town and shall implement and administer all
ordinances, resolutions, and policies adopted by the council and shall perform
such other duties as may be required by the council or law. The town manager
shall be responsible to the council and shall have the following powers and
duties:
(a) To hire or fill existing positions and, when the town manager deems it
necessary for the good of the town service, suspend or remove town employees,
except as otherwise provided by law or this charter.
(b) To direct and supervise the administration of all employees, departments,
and agencies of the town, except as otherwise provided by this charter or by
law.
(c) To attend all council meetings and shall have the right to take part in
discussion but may not vote.
(d) To ensure that all laws, provisions of this charter, and acts of the
council, subject to enforcement by the town manager or by officers subject to
the town manager's direction and supervision, are faithfully executed.
(e) To submit to the council and make available to the public a complete report
on the administrative activities of the town as of the end of each fiscal year.
(f) To make such other reports as the council may require concerning the
operation of town departments, offices, and agencies subject to the town
manager's direction and supervision.
(g) To keep the council fully advised as to the condition and future needs of
the town and to make written recommendations to the council concerning the
affairs of the town.
(h) To perform the duties of town clerk in addition to the duties of town
manager during any period of time so appointed by the council.
(i) To perform such other duties as are specified in this charter or as may
from time to time be assigned by the council.
Article VII:
Town Clerk
Section 7.01 There may be a
town clerk who shall be appointed by the town manager with the consent of the
council. The town clerk shall serve at the pleasure of the town manager and
shall:
(a) Give notice of council meetings to its members and the public.
(b) Keep the journal and minutes of the proceedings of the council and its
committees, which shall be public records.
(c) Authenticate by signature and record in full in books kept for that purpose
all ordinances and resolutions passed by the council.
(d) Be the custodian of the town seal.
(e) Have the power to administer oaths.
(f) Perform such other duties as may be assigned by the town manager.
Article VIII:
Town Attorney
Section 8.01 There shall be a
town attorney appointed by the council, who may represent the town in all legal
proceedings and shall perform all other duties assigned by the council. The
council may remove the town attorney for any reason by motion requiring three
affirmative votes.
Article IX:
Administrative Departments
Section 9.01 Establishment of
additional departments.--The council may establish such other departments as it
determines necessary for the efficient administration and operation of the
town; such departments, offices, or agencies shall be established by ordinance.
Article X:
Ordinances and Resolutions
Section 10.01 Definition of
ordinances and resolutions.--As used in this charter, the following words and
terms shall have the following meanings unless some other meaning is plainly
indicated:
(a) "Ordinance" means an official legislative action of the council,
which action is a regulation of a general and permanent nature and enforceable
as a local law.
(b) "Resolution" means an expression of the council concerning
matters of administration, an expression of a temporary character, or a provision
for the disposition of a particular item of the administrative business of the
town.
Section 10.02 Adoption of ordinances.--Every proposed ordinance shall be
introduced in writing and in the form required for final adoption. No ordinance
shall contain more than one subject and matters properly connected therewith,
which shall be clearly expressed in its title. The enacting clause for an
ordinance shall be: "IT IS HEREBY ORDAINED BY THE TOWN OF FORT MYERS BEACH
AS FOLLOWS..."
(a) An ordinance may be introduced by any member at any regular or special
meeting of the council. A proposed ordinance may be read by title, or in full,
on at least two separate council meeting days and shall, at least 10 days prior
to adoption, be noticed once in a newspaper of general circulation in the town.
The notice of proposed enactment shall state the date, time, and place of the
meeting; the title of a proposed ordinance; and the place or places within the
town where such proposed ordinance may be inspected by the public.
(b) To meet a public emergency affecting life, health, property, or the public
peace, the council, by a two-thirds vote of those present as required by
general law, may adopt an emergency ordinance without complying with the
requirements of notice expressed in the foregoing paragraph. An emergency
ordinance may not levy taxes; grant, renew, or extend a franchise; set service
or user charges for any municipal services; or authorize the borrowing of
money. An emergency ordinance shall become effective upon adoption and
automatically stand repealed as of the 61st day following the date on which it
was adopted. This shall not prevent reenactment of such an ordinance under
regular procedures.
(c) Ordinances which rezone specific parcels of private real property or which
substantially change permitted use categories shall be enacted pursuant to
general law.
(d) An ordinance shall, upon its final passage, be recorded in a book kept for
that purpose and shall be signed by the mayor and the town clerk. A copy of the
ordinance shall be available in the town hall.
Section 10.03 Adoption of resolutions.--Every proposed resolution shall be
introduced in writing and in the form required for final adoption. No
resolution shall contain more than one subject which shall be clearly expressed
in its title. The clause which shall be used for all resolutions approved by
the council shall be: "IT IS HEREBY RESOLVED BY THE TOWN OF FORT MYERS
BEACH AS FOLLOWS..." A resolution may be introduced by any member at any
regular or special meeting of the council. A resolution shall, upon its final
passage, be recorded in a book kept for that purpose and shall be signed by the
mayor and the town clerk. A copy of the resolution shall be available in the
town hall.
Article XI:
Financial Procedures
Section 11.01 Fiscal year.--The
fiscal year of the town shall begin on the first day of October and end on the
last day of September.
Section 11.02 Submission of budget and budget message.--On or before the 15th
day of July of each year, the town manager shall submit to the council a budget
in accordance with state law. It shall outline the financial policies of the
town for the ensuing fiscal year; describe the important features of the
budget; indicate any major changes from the current year in financial policy,
including any changes in budgetary accounting methods from the current year
expenditures and revenues together with the reasons for such changes; summarize
the town's debt position; and include such other material as the town manager
deems necessary.
Section 11.03 Council action on the budget.--
(a) The council shall adopt the budget by resolution on or before the 30th day
of September of each year.
(b) Unless authorized by the electors of the town at a duly held referendum
election, the council shall not authorize or allow to be authorized the
issuance of revenue bonds or enter into lease-purchase contracts or any other
unfunded multi-year contracts all for the purchase of real property or the
construction of any capital improvement, the repayment of which extends in
excess of 36 months, unless mandated by state or federal governing agencies.
Section 11.04 Public records.--Copies of the budget and the capital program as
adopted shall be public records and shall be made available to the public at
suitable locations in the town.
Section 11.05 Budget amendments.--
(a) SUPPLEMENTAL APPROPRIATIONS.--If, during the fiscal year, the town manager
certifies that there are available for appropriation revenues in excess of
those estimated in the budget, the council, by resolution, may make
supplemental appropriations for the year up to the amount of such excess, so
long as a fiscally responsible reserve is maintained.
(b) EMERGENCY APPROPRIATIONS.--To meet a public emergency affecting life,
health, property, or the public peace, the council, by resolution, may make
emergency appropriations. To the extent that there are no unappropriated
revenues to meet such appropriations, the council may by such emergency
resolution authorize the issuance of emergency notes, which may be renewed from
time to time, but the emergency notes and renewals in any fiscal year shall be
paid not later than the last day of the fiscal year succeeding that in which
the emergency appropriations were made.
(c) REDUCTION OF APPROPRIATIONS.--If, during the fiscal year, it appears
probable to the town manager that the revenues available will be insufficient
to meet the amount appropriated, the town manager shall report to the council
without delay, indicating the estimated amount of the deficit, any remedial
action taken, and recommendations as to any other steps to be taken. The
council shall then take such further action as it deems necessary to prevent or
minimize any deficit and for that purpose may, by resolution, reduce one or
more appropriations.
(d) TRANSFER OF APPROPRIATIONS.--At any time during the fiscal year, the town
manager may transfer any unencumbered appropriations among programs within a
department, office, agency or a program provided by inter local agreement and,
upon written request by the town manager, the council may by resolution
transfer between funds any unencumbered appropriations from one department,
office, agency or a program provided by inter local agreement to another.
Article XII: Initiative and Referendum
Section 12.01 Initiative and
referendum.--At least 25 percent of the qualified electorate of the town shall
have the power to petition the council to propose an ordinance or to require
reconsideration of an adopted ordinance, and if the council fails to adopt such
ordinance so proposed, or to repeal such adopted ordinance, without any change
in substance, then the council shall place the proposed ordinance, or the
repeal of the adopted ordinance, on the ballot at the next municipal election.
Section 12.02 Tolls Referendum. – The council may impose road or bridge tolls
only after approval by the electors, as provided by general law.
Article XIII: Charter Amendments
Section 13.01 Initiation by
ordinance.--The council may, by ordinance, propose amendments to any or all of
this charter to be submitted to the electors, as provided by general law.
Section 13.02 Initiation by petition.--The electors of the town may propose
amendments to this charter by petition to be submitted to the council to be
placed before the electors, as provided by general law.
Section 13.03 Charter review.--The charter will be reviewed no later than 3
years after approval, then no later than 5 years after the initial charter
review, and thereafter at least every 10 years. A five-member charter review
commission shall be appointed and funded by the council. The charter review
commission shall be appointed at least 6 months before the next scheduled
election and complete its work and present any recommendations for change no
later than 60 days before the election. The council shall hold a minimum of two
public hearings on the proposed changes to the charter prior to placing the
proposed changes on the scheduled election ballot.
Article XIV: Severability
Section 14.01 Invalidity of
character provision or application.--If any provision of this charter is held
invalid, the other provisions of the charter shall not be affected thereby. If
the application of this charter or any of its provisions to any person or
circumstance is held invalid, the application of the charter and its provisions
to other persons or circumstances shall not be affected thereby.
Article XV:
Transition
Section 15.03 Creation and
establishment of the town of Fort
Myers Beach.--For the purpose of compliance with
section 200.066, Florida Statutes, relating to assessment and collection of ad
valorem taxes, the Town of Fort Myers Beach is hereby created and established
effective December 31, 1995.
Section 15.11 Contractual services and facilities.-- Services for fire, police,
public works, parks and recreation, planning and zoning, building inspection,
development reviews, animal control, and solid waste collection may be supplied
by contract between the town and county, special districts, municipalities, or
private enterprise until such time as the town council establishes such
independent services. Facilities for housing the newly formed municipal
operations may be rented or leased until the town is in the position to obtain
its own facilities.
Section 15.12 Elimination of transition elements from the charter.--Upon
completion of the transition phase as contained herein, those sections of the
charter relating to transition shall be eliminated from the charter.
Article XVI:
Independent Special Districts
Section 16.01 It is recognized
that certain services within the municipal boundaries are provided by
independent special districts created by special acts of the Florida
Legislature. The municipality is empowered to merge the functions of said
districts with those of the municipality only upon dissolution of the special
district, or upon affirmative vote of a majority of the town council and an
affirmative vote of the majority of the council or board governing the district
after meeting all requirements for merger or dissolution in the district's
enabling legislation and chapter 189, Florida Statutes. It is recognized that
certain planning and interlocal agreements may be necessary between the town
and such districts and the town council shall endeavor to maximize the benefits
of the districts to the fullest extent possible. In the event the town council
desires to supplement or duplicate services determined to be inadequate, the
council is fully empowered to do so.
Article XVII: Revenue Sharing
Section 17.01 It is recognized that the services provided by
independent districts within the municipal boundaries provide essential
services which would customarily be provided by municipal government. It is
therefore declared that the Town of Fort Myers Beach shall be eligible to
participate in revenue-sharing beyond the minimum entitlement in any fiscal
year, provided that the town and all independent special districts created
under special law, combined, levy ad valorem taxes in amounts as required by
section 218.23, Florida Statutes.
End of document.
|
