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<\/p>\nFormer Fort Myers Beach Councilmember Bill Veach. File photo<\/p>\n
Former Fort Myers Beach Councilmember Bill Veach told the Town of Fort Myers Beach Council on Monday ahead of discussions by the council regarding the replacement of Councilmember Jim Atterholt, that he would drop his appeal of a judge\u2019s ruling invalidating the recall petitions for Councilmember John King, in the event the town council appointed Tom Brady. Brady was the second-leading vote getter in the recall election to replace King and former Councilmember Karen Woodson.<\/p>\n
Lee County Circuit Judge Kyle Cohen invalidated the recall petition against King over concerns that the language in one of the three allegations against King, was too vague. More than 60% of Fort Myers Beach voters elected to recall King though the results of that election have been stayed pending the appeal by Veach. If Veach loses the appeal, King will remain on the council until an election this November.<\/p>\n
Rebecca Link earned the most voters to fill the seats of Woodson and King, while Brady finished narrowly behind Link. Link took office in November after the election and will also have to run again in November to retain her seat.<\/p>\n
The Town of Fort Myers Beach Council began the process on Monday of finding a replacement for Atterholt, who resigned his seat on Dec. 31.<\/p>\n
King responded to the statement by Veach at the end of Monday\u2019s council meeting by stating \u201cI find it very disingenuous that he threatens to drop an appeal if we vote a certain way. It sounds almost like blackmail. He can drop the appeal at any time.\u201d<\/p>\n
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Fort Myers Beach Councilman John King. File photo<\/p>\n
Veach said after the meeting that the issue was not one of blackmail but uncertainty about the process regarding the recall. <\/p>\n
\u201cIt\u2019s really not the case at all. It\u2019s just that that things get complicated. If Tom gets appointed and we win the appeal, I\u2019m not sure what happens when he has the appointed seat that he is holding and the elected seat that he\u2019s won,\u201d Veach said.<\/p>\n
If Veach were to win on appeal and Brady were already seated, it\u2019s unclear to Veach what would happen in filling King\u2019s seat since the two top vote-getters from the recall election (Brady and Link) would have been seated on the council. The state\u2019s recall language stipulates that for each person recalled in a recall election, the top vote getters on the ballot earns their seats. Brady and Link were the top vote getters on the ballot, far outdistancing the third candidate Ed Rood.<\/p>\n
A judge could also potentially schedule another special election in the event Brady were chosen to fill Atterholt\u2019s seat.<\/p>\n
\u201cI would certainly be satisfied if Tom were seated,\u201d Veach said. \u201cI didn\u2019t mean this as \u2018vote for Tom or I will continue the recall thing.’\u201d<\/p>\n
Brady and Fort Myers Beach Local Planning Agency (LPA) member Jim Dunlap spoke at Monday\u2019s council meeting to express interest in filling the vacant council seat. <\/p>\n
\u201cTom has the mandate of the ballot box. I don\u2019t think the appointment should be used as an excuse to seat somebody who is unelectable or who has policies that are unacceptable to the electorate,\u201d Veach said.<\/p>\n
Dunlap, whio also chairs the town\u2019s Charter Review Commission, was one of a minority of members of the Local Planning Agency (LPA) who voted to approve the controversial Seagate Development Group project. The LPA voted to recommended denial of the Seagate project. The vote by the Town of Fort Myers Beach Council to approve the Seagate project was considered to be a motivating factor in the election of Brady and Link.<\/p>\n
Brady heads Protect FMB, a group backing a writ of certiorari to stop the Seagate project and reverse the town council\u2019s 2023 vote to approve the project.<\/p>\n
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Tom Brady, who heads Protect FMB, was the second top vote-getter in November\u2019s election to replace councilmembers John King and Karen Woodson. He has announced his interest in being appointed to the Town of Fort Myers Beach Council seat vacated by Jim Atterholt. File photo<\/p>\n
Next election for appointed councilmember will be in November<\/p>\n
During Monday\u2019s Town Council meeting, town attorney Nancy Stuparich reversed an earlier statement issued by the town following the resignation of Atterholt on how the procedures will work on replacing Atterholt.<\/p>\n
Stuparich said that contrary to an initial decision she had issued to town officials who sought guidance on the succession of Atterholt, the person appointed to fill the seat of Atterholt will serve until the next town election in November. Initially, Stuparich had told town officials that the appointment would run through the remainder of Atterholt\u2019s term, which was to end in November of 2028. <\/p>\n
Instead, Stuparich said that the person chosen by the Town of Fort Myers Beach Council to replace Atterholt will serve until November of this year at which time they will have to run for a new four-year term to maintain the seat, rather than fill out the remainder of Atterholt\u2019s term. Atterholt was re-elected to a four-year term in 2024, after having initially been elected in 2020.<\/p>\n
\u201cI apologize for any confusion that might have caused,\u201d Stuparich said.<\/p>\n
Stuparich clarified that she misinterpreted the town charter, which states that any appointments to replace a vacancy on the town council will last until the next regularly scheduled town council election.<\/p>\n
The application window for those looking to fill Atterholt\u2019s seat will close on Feb. 2.<\/p>\n
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Town of Fort Myers Beach Councilmember Jim Atterholt (left) and Councilmember Bill Veach (right). Photo by Nathan Mayberg<\/p>\n
Town of Fort Myers Beach Manager Will McKannay initially recommended a three-week application window for those seeking to fill Atterholt\u2019s seat, to Jan. 25, to allow Town of Fort Myers Beach Clerk Amy Baker to assemble applications and put them into the agenda for the town council\u2019s Feb. 2 meeting.<\/p>\n
\u201cI want to avoid a prolonged vacancy for good governance and management. The sooner we can fill that with the best applicant the better,\u201d McKannay said.<\/p>\n
Fort Myers Beach Mayor Dan Allers asked for an extra week, leading to the council extending the application period to Feb. 2. The Town of Fort Myers Beach Council will vote on appointing Atterholt\u2019s replacement at their Feb. 17 meeting.<\/p>\n
Stuparich also said she had been asked to address residency requirements for those seeking the office. Stuparich said the individual appointed to the seat needs to have been a resident of the town for at least one year and must be a registered voter in the town. She suggested there should be a certification from the applicants that they are qualified to serve on the council.<\/p>\n
Councilmember Scott Safford suggested the Charter Review Commission, which is chaired by Dunlap, consider whether an appointment of a candidate to fill a seat should be through the remainder of a term, instead of just until the next regular election as the language currently reads.<\/p>\n
Safford, who is the council\u2019s liaison to the Charter Review Commission, said he would be bringing the issue up with the commission.<\/p>\n
Safford said that while he believes the town attorney is correctly interpreting the town\u2019s charter, he said that if he were to resign this year there would be four seats up for election in November.<\/p>\n
Safford also questioned whether the person appointed to the seat in February would be able to take the seat immediately or would have to wait a meeting to go through human resources orientation. Mayor Dan Allers expressed a similar inquiry. <\/p>\n
\u201cI don\u2019t think you can just take the seat,\u201d Allers said.<\/p>\n
\u201cI took the seat right away,\u201d Link said regarding her election to replace Woodson on the council.<\/p>\n
Fort Myers Beach Human Resources Director Talissa Oliveira said the person appointed by the town council could be seated right away.<\/p>\n