ANNA MARIA – Six potential charter amendments and an additional recommendation proposed by the charter review committee have been presented for city commission consideration.
Charter Review Committee Chair Chris Arendt presented the proposed amendments to the city commission on April 11.
The commission can accept, reject or modify any or all of the committee’s proposed charter amendments and future commission discussion and decision-making is still needed.
Any charter amendments supported by the commission will be placed before the city’s registered voters on the fall ballot. The commission can also propose additional amendments of its own to place on the ballot.
PROPOSED AMENDMENTS
The first proposed amendment is a response to state legislators who may seek the future consolidation or elimination of the three Anna Maria Island cities.
The committee proposes inserting into the charter a statement that adds a new reference to home rule while echoing a statement already included in the city’s comprehensive plan: “The city of Anna Maria will ensure that the single-family detached residential character and home rule of the city is maintained and protected while supporting commercial uses within the commercial and ROR land use categories, while maximizing the enjoyment of natural and man-made resources by the citizens and minimizing the threat to health, safety and welfare posed by hazards, nuisances, incompatible land uses and environmental degradation.”
Anna Maria’s comp plan and building codes restrict building heights to three stories, but the comp plan and the building code could be amended by a future commission.
A building height-related charter amendment would ensure that any future changes to the height limit restrictions would require the majority support of Anna Maria’s voters – as long as Anna Maria remains an independent municipality.
The committee proposes charter language similar to this: “Aside from approved exemptions, no building or part thereof shall exceed a height of 37 feet as measured from the crown of the road at the front center of the property to the highest point of any portion of the building.”
The charter currently requires a city ordinance supported by the commission majority to sell or lease a city property. The committee proposes an amendment that would require the unanimous support of all sitting commissioners.
Additional proposed amendments pertain to residency requirements for elected officials after taking office, which commission members can schedule a special commission meeting and which city employees are considered officers of the city.
The committee also recommends eliminating all gender-specific pronouns and replacing them with nouns specific to the title of the person being referenced. City Attorney Becky Vose said eliminating gender-specific pronouns wouldn’t require city voter approval.
COMMISSION FEEDBACK
Commissioner Jon Crane said a charter statement referencing home rule would be an aspirational statement that’s hard to actually implement.
“It says the city will ensure, but how are we going to ensure it? I don’t know how,” Crane said.
Commissioner Jon Crane expressed initial opposition to some of the proposed charter amendments. – Joe Hendricks | Sun
Arendt said the committee felt it would be nice to have such a statement in the charter but he concurs that it would be difficult to implement.
Crane expressed initial opposition to requiring the unanimous support of the commission to sell or lease a city property and Commissioner Kathy Morgan agreed. Crane also said he hopes to reduce the number of questions presented to city voters so they have fewer ballot items to focus on.
Commissioner Charlie Salem suggested future discussion on requiring appointed commissioners to face election to retain their appointed seat. – Joe Hendricks | Sun
Raising a concern not addressed by the committee, Commissioner Charlie Salem suggested the commission engage in future discussion about a potential charter amendment that would require an appointed commissioner to face election in the next city election if they wish to remain in office for the remainder of the term they were appointed to – if the remainder of that term extends beyond the next city election.
After noting that similar provisions apply at the federal level, Salem said, “It might give our residents an opportunity to express their will on that office.”
BRADENTON BEACH – In the upcoming fall elections, Bradenton Beach voters will again be asked if they want to eliminate the term limits currently imposed on the city’s elected mayor and city commissioners.
The City Commission on Thursday unanimously supported on first reading an ordinance that provides ballot language for the possible elimination of term limits. The ordinance will be provided to the Supervisor of Elections Office after being adopted on second and final reading on Thursday, June 3.
This ballot language is expected to appear on the 2021 ballot for Bradenton Beach voters. – City of Bradenton Beach | Submitted
The ballot language, drafted by City Attorney Ricinda Perry, says: “The current city charter provides that no person may hold the same elected office for more than three consecutive terms, or portions thereof, with each term lasting two years. Should the city amend its charter removing term limits, while maintaining the requirement that each term shall last for two years?”
Voters will be asked to vote yes or no on that question.
Bradenton Beach is the only city on Anna Maria Island that imposes term limits on its elected officials.
Due to a previously adopted charter amendment regarding commission candidate residency requirements, there was some confusion in 2016 as to whether the city’s term limits had inadvertently been eliminated by the voter-adopted residency amendment. Clarification was then sought from city voters during the 2016 elections and Bradenton Beach voters determined they wanted the existing term limits to remain in effect.
Those election results resulted in commissioners Ed Straight and Jan Vosburgh term-limiting out of office. In 2019, Vosburgh was elected to serve another two-year term and she plans to seek reelection in the fall. Mayor John Chappie’s term also expires in November and he’s expected to seek another term.
During Thursday’s meeting, Chappie said he’s remained silent on term limits, but he has and does fully support eliminating them – in part because there are now fewer full-time residents and fewer potentially interested commission candidates in the city.
Vosburgh said she fully supports eliminating term limits, too. She cited the knowledge experienced commissioners bring to the commission and the learning curve new commissioners must navigate.
Commissioner Jan Vosburgh term-limited out of office and was later elected to serve again. – Joe Hendricks | Sun
Commissioner Jake Spooner is serving his third term in office, a term that expires in November. Spooner has run unopposed in all three of his commission races and has not announced whether he will seek reelection, although he has informally expressed interest in serving another term.
Perry also has informally expressed her opinion that Spooner can seek another term because some of his time in office has been served as an at-large commissioner and some has been served as the Ward 1 commissioner. This is due to city voters eliminating and later restoring the city’s four geographically determined commission wards. Perry has not yet provided a formal legal opinion on this matter, nor has the commission directed her to do so.
BRADENTON BEACH – Voter approval of two conflicting parking garage amendments in the Nov. 3 election means that a prohibition of parking garages will not be added to the city charter.
Running unopposed in this year’s election, incumbent Bradenton Beach City Commissioners Ralph Cole and Marilyn Maro won additional two-year terms in office.
Running unopposed in Anna Maria, incumbent Mayor Dan Murphy and incumbent City Commissioner Mark Short won additional two-year terms in office.
Bradenton Beach resident Steve Leister was among those who voted in person Tuesday at the Bradenton Beach Fire Hall. – Joe Hendricks | Sun
Once the final Manatee County election results are certified, the Anna Maria City Commission will appoint someone to fill the commission term recently vacated by former commissioner Amy Tripp, who is moving out of state.
Anna Maria Island voters joined Manatee County voters in deciding several county, state and national races – including the District 3 Manatee County Commission race in which Kevin Van Ostenbridge held a significant lead as of 9 p.m. tonight.
County voters also supported a proposed bond referendum that will provide additional water quality protections and wildlife habitat preservation.
Parking garage status quo remains
Bradenton Beach voter support for two conflicting parking garage charter amendments means the city charter will remain as is, minus the inclusion of a new parking garage prohibition.
The city’s comprehensive plan and land development code already prohibit the construction of a multi-level or stand-alone parking garage, but the existing comp plan and land development code prohibitions could be reversed by a future city commission.
Voter adoption of proposed charter amendment 1 combined with voter rejection of proposed charter amendment 2 would have prevented a future city commission from reversing or amending the existing parking garage prohibitions.
There are currently no plans or proposals to build a multi-level parking garage in Bradenton Beach and the current city commission does not support the construction of a parking garage.
Bradenton Beach Charter Amendment Question 1 was placed on the ballot at the request of the Keep Our Residential Neighborhoods (KORN) political action committee formed in 2018 by Reed Mapes and John Metz.
The ballot language for charter amendment question 1 read as follows:
“Should the charter of Bradenton Beach be amended to prohibit the building of any multi-level parking garages within the city of Bradenton Beach? All other parking garages, facilities and structures are allowed as permitted by local law.”
In response to question 1, 410 votes (71.8%) were cast in favor of the proposed charter amendment 1 and 161 votes (28.2%) were cast in opposition of the proposed amendment.
Suggested by City Attorney Ricinda Perry and supported by the city commission in response to the proposed KORN amendment, charter amendment question 2 read as follows:
“Should the city amend its charter to: (1) Prohibit the approval, development and building of any stand-alone parking garage structures in all residential zoning districts; (2) Prohibit any multi-level parking garage, structure, or facility exceeding a total density of one multi-level parking garage within the entire municipal limits; and (3) Establish a mandatory citywide voter referendum to increase the multi-level parking garage density?
In response to question 2, 378 votes (67.02%) were cast in support of the proposed charter amendment that would allow one multi-level parking garage and 186 votes (32.98%) were cast in opposition to the proposed amendment.
As of 9 p.m., all of Bradenton Beach’s Election Day and early voting results had been tallied, but it was possible there could still be some remaining vote-by-mail ballots to be added to the reported totals.
County Commission races
As of 9 p.m., all Election Day and early voting ballots in each of Manatee County’s 70 voting precincts had been counted and reported, with some vote-by-mail ballots still not yet reported.
When contacted at that time and asked about the remaining mail ballots and their potential impact on any of the final results, Supervisor of Elections Mike Bennett said, “Pretty much what you see is what you get.”
Bennett said he did not anticipate the outstanding mail ballots to alter the outcome of any county races.
In the County Commission District 3 race, Van Ostenbridge, a Republican, had received 22,897 votes (58.53%) and Bower, a non-party-affiliated candidate, had received 16,222 votes (41.47%). Van Ostenbridge will fill the commission seat vacated by one-term commissioner Steve Jonsson, who did not seek reelection.
In the County Commission District 1 race decided by District 1 voters only, Republican James Satcher is the winner. As of 9 p.m., Satcher had received 35,452, (65.6%). Democrat Dominique Brown received 18,593 votes (34.4%). Satcher will fill the commission seat being vacated by longtime Commissioner Priscilla Trace.
Running unopposed, incumbent Republican Commissioner Vanessa Baugh has claimed the County Commission District 5 race. As of 9 p.m., Baugh received 45,529 votes (87.82%) of the general election votes, with 6,314 votes (12.18%) cast for write-in candidates whose names did not appear on the ballot.
Running unopposed after defeating former County Administrator Ed Hunzeker in the Republican primary, George Kruse officially claimed the County Commission District 7 at-large race. As of 9 p.m., Kruse had received 157,382 votes (93.3%) and he will fill the seat being vacated by longtime Commissioner Betsy Benac.
Additional races
Running as the incumbent, Bennett, a Republican, won his reelection bid and he will remain Manatee County Supervisor of Elections. Bennett received 136,656 votes (65.65%) and his Democratic challenger, Charles Williams, received 71,516 votes (34.35%).
In the Manatee County School Board District 3 race won by Mary Foreman, Foreman received 110,746 votes (58.8 %). Incumbent school board member Dave “Watchdog” Miner received 77,593 votes (41.2%).
In the non-party-affiliated County Judge Group 4 race, race winner Melissa Gould received 113,511 votes (60,97%) and Kristy Zinna had received 72,676 votes (39.03%).
In the Mosquito Control District Group 2 race, incumbent Michael Daugherty has retained his seat having received 106,884 votes (61.49%). His challenger, Rodney O’Quinn, had received 66,944 votes (38.51%)
Manatee County bond referendum
Manatee County voters supported a proposed a millage increase and bond referendum question pertaining to water quality protection, fish and wildlife habitat preservation.
As of 9 p.m., the vote total for this referendum was 139,717 votes (71.27%) cast in favor of the millage increase and 56,323 votes (28.73%) cast in opposition.
The referendum ballot question read as follows: “To finance the acquisition, improvement and management of land to protect drinking water sources and water quality, preserve fish and wildlife habitat, prevent stormwater runoff pollution and provide parks, shall Manatee County levy an additional 0.15 mill ad valorem tax and issue general obligation bonds in a total principal amount not exceeding $50 million, maturing within 20 years, bearing interest not exceeding the legal rate, payable from such ad valorem taxes, with annual public audits?”
State seats
In a race decided by voters in Manatee County and a portion of Hillsborough County, Republican Jim Boyd has apparently won the State Senate District 21 race. In Manatee County, Boyd received 128,614 votes (61.78%) and Democrat Anthony “Tony” Eldon had received 79,583 votes (38.22%). Boyd also held a significant lead in Hillsborough County.
Decided by Manatee and Sarasota county voters, Republican incumbent William Robinson Jr. is winning the State Representative District 71 race. In Manatee County, Robinson has received 43.072 votes (59.98%). His Democratic challenger, Andy Mele, had received 28,742 votes (40.02%). Robinson also held a 2 percentage point lead in Sarasota County.
Presidential race
And in the much-anticipated presidential race, incumbent Republican President Donald Trump has apparently carried Manatee County. As of 9 p.m., Trump received 123,316 votes (57.67 %) in Manatee County and Democratic challenger Joe Biden received 88,275 votes (41.28%).
The full unofficial and updated Manatee County elections results can be viewed at www.votemanatee.com.
BRADENTON BEACH – Keep Our Residential Neighborhoods (KORN) chairman Reed Mapes has filed a lawsuit challenging the City Commission’s decision to not place four KORN-initiated charter amendment questions on the fall ballot.
The lawsuit alleges the city clerk and the city “failed and refused to perform their ministerial duties” according to state statutes applicable to the ballot initiative process.
“The plaintiff demands that this court will enter a writ of mandamus requiring the city clerk and/or the city to submit the petitions to the Supervisor (of elections) to verify that they are signed by 10 percent of the city electors,” the lawsuit says.
State law and the city charter require the signatures of at least 10 percent of the registered voters in the previous general election in order for a petition-initiated ballot initiative to move forward. According to the Manatee County Supervisor of Elections website, Bradenton Beach had 744 registered voters in November 2017.
According to a memo that KORN treasurer John Metz provided to City Clerk Terri Sanclemente, 88 people signed the petition calling for a citywide ban on multi-level parking garages. Eighty-seven signed the petition calling for all vacant City Commission seats to be filled by election or special election rather than commission appointment. Eighty-three signed the petition calling for additional setback restrictions and 76 signed the petition calling for the mandatory hiring of a full-time city manager.
The lawsuit also seeks a court order directing the clerk and/or the city to place the proposed charter amendment questions to a vote of the city’s electors at the next general election or at a special election.
Attorney Robert Hendrickson filed the lawsuit with the 12th Judicial Circuit Court in Manatee County on Thursday, July 5. The complaint names the city of Bradenton Beach and Sanclemente as defendants and Mapes and the KORN political action committee as plaintiffs. The case is assigned to Judge Gilbert Smith Jr.
As of Sunday, no hearings had been scheduled, and City Attorney Ricinda Perry had not yet filed a response on behalf of the city.
Perry recently told city commissioners that all final ballot language must be submitted to the elections office by Aug. 28. This leaves KORN less than two months to get its case heard if the proposed charter amendment questions are to be included on the fall ballot.
In May, Mapes and his wife sold their Bradenton Beach condo. Before the start of a recent city meeting, Mapes was overheard saying they would soon be leaving Bradenton Beach and Anna Maria Island. Mapes, a former Planning and Zoning Board member, is one of six defendants named in a Sunshine Law lawsuit filed by the city last summer.
Commission rejection
On June 21, the City Commission voted 4-1 to uphold Sanclemente’s previous decision to reject the proposed KORN amendments according to Article 4 of the city charter. Sanclemente told commissioners the KORN petitions were not gathered in accordance with the city charter.
By the same 4-1 vote, the commission supported Commissioner Ralph Cole’s second motion, which stated KORN’s ballot initiatives did not comply with Florida Statutes Chapters 166.031 and 101.161.
Commissioner Randy White opposed both motions.
During that June meeting, Mapes and Metz told the commission that KORN’s ballot initiatives were pursued according to state law and not the city charter.
Regarding the alleged insufficiencies, Perry said state law limits ballot summaries to 75 words and ballot titles to 15 words. The ballot summaries for two of the KORN amendments exceed 75 words and all four ballot titles exceed 15 words.
Perry told commissioners state law no longer allows land-use matters to be decided by voter referendum, and those issues must now be addressed in the land development code and/or the city’s comprehensive plan. Perry believes this would apply to KORN’s parking garage and setback amendments.
BRADENTON BEACH – City property owners are getting their first look at detailed information about three charter amendments proposed by the Concerned Neighbors of Bradenton Beach (CNOBB).
“This resolution shall be mailed to each member of the city of Bradenton Beach electorate in a timely fashion prior to the Nov. 7 election,” says section 3 of Resolution 17-881.
The resolution adopted by the city commission in early September formalized CNOBB members’ petition-supported demands to place three charter amendment questions on the city ballot.
“Enclosed is important information for all residents/property owners in Bradenton Beach,” the cover sheet says.
The enclosed information includes the 13-page city resolution that recaps in detail the debate that ensued about the proposed charter amendments. It also includes the CNOBB petition initiative that circumvented the city’s traditional charter review process.
The resolution references numerous legal and procedural insufficiencies and concerns raised by City Attorney Ricinda Perry and City Clerk Terri Sanclemente. These include concerns about the petition signature gathering process, the amendment language and alleged Sunshine Law violations by CNOBB members who served on a city board or committee.
The mailed document also contains 13 pages of exhibits pertaining to ballot language revisions and the CNOBB petition forms. The final ballot language will first appear on the vote by mail ballots distributed by the Supervisor of Elections Office on Friday, Oct. 6. The final fate of the proposed amendments will be known at the conclusion of the city elections on Tuesday, Nov. 7.
Ward elimination
Charter amendment 1 seeks to eliminate the four city commission wards that require one elected or appointed commissioner from each of the four geographically designated wards. CNOBB members have stated their views that eliminating wards would produce more commission candidates, fewer candidates running unopposed and fewer commissioners being appointed to vacant commission seats.
“Our objective is to maximize the possibility of having multiple candidates on the ballot,” says the CNOBB website.
Commissioners John Chappie, Ralph Cole, Marilyn Maro and Jake Spooner have expressed support for the wards and opposition to their elimination.
Eliminating wards would make all commission seats at-large seats and make it possible for the five-member commission to contain three or more members from the same street, block, neighborhood, condominium complex or trailer park.
Anna Maria and Holmes Beach do not have commission wards.
Residency requirements
Charter amendment 2 seeks to reduce commission candidates’ residency requirement from 24 months to 12. The ballot language also seeks to remove the requirement for candidates to be “registered in the city of Bradenton Beach,” it does not specify whether this pertains to being a registered city voter, as currently required by the city charter.
In 2016, 59 percent of Bradenton Beach voters supported maintaining the 24-month residency adopted by 67 percent of city voters in 2015. Anna Maria and Holmes Beach have two-year residency requirements.
Charter interpretation
Charter amendment 3 seeks to limit the city commission’s ability to interpret the city charter with ordinances and resolutions. The ballot language seeks new charter language that says any ordinance shall be consistent with the charter and controlled by the charter in the event of an inconsistency.
Resolution 17-881 claims this amendment would prevent the commission from interpreting its ordinances and laws and it says, “Florida courts have long recognized that is a role of a local government.”
CNOBB members have referenced ordinances and resolutions adopted by past commissions that sought to clarify the commission’s interpretations of the city charter regarding the weak mayor’s limited supervisory authority and the weak mayor’s limited role in creating and controlling meeting agendas.
E-mail exchanges obtained during the Sunshine Law investigation included CNOBB members Reed Mapes and John Metz expressing a desire for a stronger mayor who has the authority to terminate city employees, including the contracted city attorney.
