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Charter Review Board Meeting Minutes
October 26, 2000

The Charter Review Board (CRB), Hillsborough County, Florida, met in Regular Meeting, scheduled for Thursday, October 26, 2000, at 6:00 p.m., in the Boardroom, County Center, Tampa, Florida. The following members were present:

Jan Smith, Chairman
John Bales
Terry Ballard (arrived at 6:14 p.m.)
Mike Bedke (arrived at 6:42 p.m.)
Henry C. Beltran
David Hurley
Steve LaBour (arrived at 6:14 p.m.)
Denise Lasher
Mary Lou Tuttle
Gerald White
Arlene Waldron
Dee Williams

The following members were absent:
Kevin Ambler
Danny L. Wilkes

Chairman Smith called the meeting to order at 6:09 p.m. Ms. Waldron led in the pledge of allegiance to the flag. The Deputy Clerk called the roll and noted a quorum was present.

APPROVAL OF THE SEPTEMBER 28, 2000, MINUTES

Mr. White moved to approve the minutes, seconded by Mr. Hurley. Ms. Tuttle said there was a minor correction to the minutes. (Resumed later in the meeting.)

PUBLIC COMMENT

Mr. Vincenzo Ferraro, 1703 Ketch Place, recommended seven single-member districts, with residency requirements for commissioners. Commissioners would appoint citizens from their district to other boards and councils to offer a fair countywide representation. Mr. Rick Eckhard, 400 North Ashley, charter review task force, Greater Tampa Chamber of Commerce (Chamber), said the Chamber supported placing an elected chairman on the 2002 ballot. An elected chairman would offer strong leadership, greater visibility, and prestige for the County. The position would strengthen the County in competing for economic development opportunities.

Mr. Bart Siegel, 6107 South Elkins Avenue, supported seven single-member districts, without an elected chairman; partisan elections; a limit of two terms, with time out before running again; and term limits for constitutional officers. Mr. James Reed, 708 Promenade Place, president, Westshore Alliance (Alliance), said the Alliance supported an elected chairman. Ms. Betty Crislip, 4405 West Platt, commented against an elected chairman and said there was a need to increase citizens' confidence and trust in government.

Ms. Alma Gonzalez-Haskins, 602 Rosemarie Avenue, supported the position of Fair Action in Representation (FAIR). Mr. Dave Hubbard, 2306 West Texas, supported partisan elections. Mr. Gene Wells, 6205 Sanders Drive, Chamber member, spoke against expanding the Board of County Commissioners (BOCC) and an elected chairman. Ms. Lynn McGarvey, 13610 Diamond Head Drive, supported the current BOCC structure, with its members given full-time classifications; current term limits; and partisan elections. Senior Assistant County Attorney Mary Helen Campbell explained the current general law regarding BOCC salaries.

Mr. Ron Wolfe, 1414 Deirdre Drive, supported seven single-member districts, with residency requirements; commissioners electing a chairman yearly; nonpartisan elections; and maintaining the current term limits. Ms. Janet Wilson, 1926 Wolf Laurel Drive, submitted a newspaper editorial that supported the current County government system, with which Ms. Wilson concurred, noting commissioners should have a residency requirement. She was opposed to an elected chairman. Mr. Mike Carducci, 1427 Clarion Drive, FAIR member, supported seven districts, without an elected chairman; nonpartisan elections; residency requirements; and term limits.

Mr. Ralph Hughes, Tampa, did not object to nonpartisan elections for constitutional officers; however, as a policymaking body, the BOCC should have partisan elections. He supported current term-limit requirements, as stated in the County Charter. Mr. Grant Walters, 13726 Staghorn Road, supported seven single-member districts, the BOCC electing its chairman, nonpartisan elections, and expanded term limits. Mr. David Heckman, Valrico, FAIR member, submitted information regarding FAIR; County representation; and a population graph, which he reviewed. He supported single-member districts; an elected nonpartisan chairman, with conditions; and term limits. Mr. Carl Warren, 1710 East North Bay Street, challenged CRB members to identify what was wrong with County government before changing the system. He commented on the BOCC districts before the current system and noted he supported single-member districts and term limits. Chairman Smith acknowledged Attorney Marsha Rydberg, CRB's conflict attorney, who was present.

APPROVAL OF THE SEPTEMBER 28, 2000, MINUTES - RESUMED

Referencing the minutes, Ms. Tuttle reported the suggestion sheet she had submitted supported seven BOCC districts. Therefore, the second paragraph under the executive director's report was incorrect. Chairman Smith suggested the words, all CRB members, be changed to read, several members. Ms. Tuttle concurred. Chairman Smith noted the motion was to approve the minutes as amended. The motion carried twelve to zero.

COUNTY ATTORNEY'S OFFICE REPORT

Attorney Campbell said there was no formal report. In answer to Mr. LaBour, Attorney Campbell agreed to furnish CRB members with copies of BOCC minutes from when the charter was adopted and the districts, which had all been at-large, were changed to the County's current combination of at-large and single-member districts. She responded to Mr. White's query about addressing annexation in the charter and agreed to submit the city of Sarasota's proposal regarding that issue. Mr. White thanked the County attorneys for their quality work for the CRB.

EXECUTIVE DIRECTOR'S REPORT

Ms. Barbara Merritt, CRB Executive Director, reported the next CRB meeting would be on November 9, 2000. Included in the backup material were copies of E-mails and letters received in response to the letter Ms. Merritt had sent on October 17, 2000, to those who had appeared before the CRB that year. The letter had requested opinions--at or before the October 26, 2000, meeting--on the suggested changes to the BOCC. A comprehensive report was being compiled on the data received from the CRB questionnaire. The Broward County CRB had complimented Hillsborough County on its CRB meetings and web site. In answer to Mr. White, Ms. Merritt and Chairman Smith confirmed 750 letters had been sent requesting participation in the meeting; 16 citizens had spoken; 10 E-mails and letters had been received before the meeting.

Chairman Smith called a recess at 7:17 p.m. and reconvened the meeting at 7:38 p.m. Mr. Bales read the letter from Florida Gulf Coast Chapter, Associated Builders and Contractors, Incorporated, which supported the Chamber recommendation for an elected BOCC chairman. Chairman Smith read the letter from the League of Women Voters, which stated there was no clear advantage in changing the current County government structure; no disadvantage to nonpartisan elections; and study was needed regarding consolidation of the County and its municipalities and appointed rather than elected constitutional officers. Mr. White distributed information regarding annexation in Pinellas County, population estimates, and the census tract report.

BOARD DISCUSSION

Chairman Smith referred to the CRB subcommittee report regarding changes to County government structure, partisan versus nonpartisan elections, and term limits. Ms. Waldron initiated discussion of term limits. Following CRB member comments, Attorney Campbell explained the current BOCC term limits. Commissioners from single-member districts could not seek another term after serving six years. Because of reapportionment, those districts had elections for two consecutive four-year terms and one two-year term. At-large districts had four-year terms, with a term limit of eight years. Discussion continued on term limits, with suggestions to have a subcommittee draft a proposal; determine government structure first; and several suggestions for discussions to have before term limits were considered.

Mr. Bedke moved to have nonpartisan elections for members of the BOCC, seconded by Mr. Bales. Supporters of the motion wanted to give citizens the opportunity to choose; decisions on growth management, water, and other community issues did not require partisanship. Those who opposed nonpartisan elections thought policymaking bodies should be partisan; voters had the right to know candidates' affiliations. Following the discussion, Ms. Waldron called the question but requested Chairman Smith to first address the issue. Chairman Smith commented on filing fees candidates paid to political parties, which were used by those political parties state- and nationwide, not locally. She supported the motion to allow the public's voice to be heard; however, she opined candidates would find it difficult to raise money in nonpartisan elections. The motion to call the question failed five to seven; Chairman Smith and members Bales, Bedke, Beltran, LaBour, White, and Williams voted no.

Mr. White asked how nonpartisanship would change the way elections were held. Attorney Campbell would research that issue. Discussion continued with CRB members offering the following comments: Voters should choose candidates because of their ideas and not the political party. Unaffiliated voters were the largest growing group in the County. Commissioners did not vote along party lines. Filing fee requirements had recently changed. The motion carried nine to three; members Beltran, Hurley, and Williams voted no. Chairman Smith asked for subcommittee volunteers to draft language for the public hearing. Messrs. LaBour, White, and Ms. Tuttle volunteered, with Mr. LaBour serving as the chairman. Chairman Smith noted the meetings would be public noticed and recorded; all CRB members were invited to participate. Mr. Ballard explained the election process for nonpartisan races for the city of Plant City. Chairman Smith directed Ms. Merritt to provide CRB members with information regarding the current candidate registration fee and petition process and, at Mr. Hurley's request, a copy of the related constitutional amendment.

Mr. White wanted a subcommittee to draft two proposals for term limits--one for the existing BOCC structure and one for nine districts. The two-year term should be eliminated, so all commissioners were limited to a total of eight years, with all seats open for election at the same time. Mr. Hurley thought the current term limits should remain. Mr. Ballard opined the BOCC should remain a seven-member board, with staggered elections; Mr. Beltran wanted the current system to remain. Responding to comments from CRB members, Attorney Campbell explained the current BOCC election process, noting the two-year term was due to census redistricting. Mr. LaBour favored an elected chairman with nine districts or seven districts without an elected chairman. Pointing out there had been no strong advocacy for a strong mayor, Mr. LaBour moved not to contemplate any structure that allowed a strong mayor form of government in the County. The motion was seconded by Mr. Hurley and carried ten to one; Mr. Bales voted no.

Discussion continued on the number of BOCC districts. Mr. Bales did not agree with calling the question on any issue, and he thought CRB motions should be presented in a positive manner. Chairman Smith thought there should be seven commissioners. She proposed the BOCC chairman and vice chairman be at-large, five single-member districts, and staggered terms. Mr. White did not agree with the vice chairman being at-large. The vice chairman would temporally take the chairman's place under certain circumstances; however, the governor filled BOCC vacancies by appointment or election. Referring to the subcommittee draft, Mr. White moved Section 4.04, the elected chairman position as outlined, to public hearing. The motion was seconded by Ms. Waldron. Mr. Hurley wanted the structure of the BOCC determined first. Mr. White tabled the motion and suggested addressing each section consecutively.

Ms. Lasher moved to go through the draft section-by-section, seconded by Ms. Waldron. Mr. Beltran wanted the present BOCC structure added to the draft. Mr. LaBour did not want the sections considered separately. Chairman Smith preferred to first review the reasons presented for approving the current form of County government. Following discussion, Mr. LaBour wanted the motion amended to start with the elected chairman. Mr. White urged the CRB to take action on the draft sections that night. In answer to Chairman Smith, Ms. Lasher amended the motion to start the section-by-section review at the next meeting. The motion failed six to six; Chairman Smith and members Bales, Bedke, LaBour, Waldron, and White voted no.

Chairman Smith passed the gavel to Vice Chairman Hurley to make a motion. Mr. White called a point of order, noting CRB members should be recognized before Chairman Smith relinquished the chair. Chairman Smith moved nine commissioners, and then determine who should serve where. The motion was seconded by Mr. White. Ms. Lasher noted the motion would take the issue to public hearing. Following discussion, the motion failed four to eight; Chairman Smith and members Ballard, Bedke, Beltran, LaBour, Lasher, Tuttle, and Williams voted no. Mr. LaBour voted no, because the issue should not be taken to public hearing separately; the draft represented a total proposal.

Chairman Smith said the next meeting would first address the number of commissioners, whether to have an elected chairman, at-large versus single-member districts, et cetera. Mr. White moved to have six single-member districts and one countywide district, seconded by Ms. Waldron. Mr. Hurley moved to table the discussion until the next meeting, seconded by Mr. LaBour, and carried unanimously.

PUBLIC COMMENT

Mr. Tim Curtis, County resident, spoke in favor of partisan elections. In answer to Ms. Merritt, Mr. LaBour clarified CRB actions earlier in the meeting. Chairman Smith directed Ms. Merritt to notify CRB members of the dates for the subcommittee meeting. She said the most appropriate time for the public hearing would be the first week of January 2001. Because of the upcoming holidays, Mr. White moved to have a CRB meeting the following Thursday. The motion died for lack of a second. Mr. LaBour moved to adjourn, seconded by Mr. Bales, and carried unanimously.

There being no further business, the meeting was adjourned at 9:31 p.m.

READ AND APPROVED:
CHAIRMAN

ATTEST:
RICHARD AKE, CLERK

By:
Deputy Clerk

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