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City manager amendment lacks supermajority support

City manager amendment lacks supermajority support

HOLMES BEACH – The quest to hire a city manager in Holmes Beach has suffered a significant setback, but the matter has not yet been officially decided.

Switching from a strong mayor to a city manager form of government would require a charter amendment recommended by the Holmes Beach Charter Review Commission (CRC) and supported by the city’s registered voters.

The Holmes Beach mayor’s responsibilities are set forth in Article IV of the city charter.

During the Thursday, April 4 CRC meeting, member Sean Murphy made a motion to leave Article IV as currently written.

“There shall be a mayor who shall be the chief executive officer of the city. The mayor shall be responsible to the electorate for the administration of all city affairs placed in his/her charge by or under this charter,” according to Article IV, §4.01.

“I recommend we make no changes to Article IV,” Murphy said when making his motion.

David Zaccagnino supported Murphy’s motion. CRC chairman Ed Upshaw and members Claudia Carlson and Nancy Deal opposed it.

Confusion then ensued as to what that 3-2 vote meant regarding the potential hiring of a city manager.

According to §13.03 of the city charter, “Any proposed amendment or amendments to the charter adopted by a vote of a supermajority of the charter commission shall be presented to the city commission which shall provide for its submission to the voters in the next city general election.”

A supermajority vote means at least four of the five CRC members must support a proposed charter amendment for it to move forward.

Filling in for City Attorney Patricia Petruff at Thursday’s meeting, attorney Thomas Thanus said, “There may be some confusion about the last vote. There were three ‘no’ votes and two ‘yes’ votes, which means the motion didn’t carry. The motion was to not make any changes to Article IV. That motion was defeated, which means that Article IV is still up for discussion. You’ve haven’t closed the door on any further discussion.”

The CRC members can continue debating the city manager question, but Thanus said any proposed amendment that doesn’t have supermajority support will not be included in the final recommendations presented to city commissioners.

“You still have the option of revisiting some or all of your decisions, but you will get to a point where you will have a final vote. At that point, it would take four ‘yes’ votes in order for something to be presented to the voters at a referendum,” Thanus said.

“You’ve had other 3-2 votes, which means you have not achieved the supermajority,” Thanus said regarding previous votes taken on other potential amendments.

City manager debate

During Thursday’s meeting, CRC members shared their personal views on the city manager issue.

“I think the process works. It is more democratic. Little towns like ours are the community garden of democracy and I think we need to do whatever we can to protect that,” Murphy said of the city’s current form of government.

“We have good strong department heads. I don’t think the chief of police needs another boss – and it’s expensive,” Murphy said of a city manager.

Carlson suggested it was undemocratic to prevent city residents from determining which form of government they want.

“The logic of that escapes me. The citizens have the right to make a choice,” Carlson said.

Zaccagnino said hiring a city manager would add another layer of government and make it harder for citizens to enact change through their elected officials. He also disputes the notion that a city manager can remain politically-neutral.

Zaccagnino and Murphy both noted citizens can still initiate by petition a city referendum if they wish to continue the pursuit of a city manager.

Upshaw said the CRC’s duty is not to set policy, but to present viable options to the public.

“There is a section of our citizens who favor this. Are they the majority, I don’t know? But the question keeps coming up. I think it should go before the citizens,” Upshaw said.

Upshaw said a citizen-initiated city manager referendum that does not fully address all aspects of the proposed hiring could cause “chaos.”

Recent hiring questioned

Deal questioned Mayor Judy Titsworth’s recent hiring of Barney Salmon as the city’s new development services director and whether Salmon serves as a department head whose hiring should have required city commission approval.

“Some people think it was an end-around to avoid having a city manager,” Deal said. “As to adding another layer to the administration, isn’t that what the mayor just did?”

The charter states the mayor needs commission concurrence to appoint or remove a department head or charter official whose position is listed in the charter. The charter doesn’t reference a developmental services director.

Human Resources Analyst Mary Buonagura defended the recent hiring.

“Mr. Salmon is the director of five developmental services. He coordinates work, period. He reports to the mayor just like the rest of the departments do. Mr. Salmon is not going to be recommended to become a charter member of the city. It’s not necessary,” Buonagura said.

Charter review includes city manager discussion

Charter review includes city manager discussion

ANNA MARIA – The Charter Review Committee met with city commissioners and Mayor Dan Murphy last week to discuss potential changes to the city charter.

Switching to a city manager form of government was discussed but there wasn’t any support for the idea. This led to discussion about the possibility of someday appointing a city administrator to assist the mayor. The Wednesday, Feb. 6 meeting session also included discussion about increasing the length of the terms served by the city’s elected officials.

Reviewed every five years, the 20-page city charter establishes the structural framework for Anna Maria’s strong mayor form of government. It also establishes the powers and duties of the mayor, commission chair, city commissioners, clerk, treasurer and city attorney. Former Mayor Fran Barford chairs the commission-appointed committee that also includes Jack Brennan, John Chambers, Sissy Quinn and Mark Short.

City manager

Switching to a city manager form of government would require a charter amendment adopted by the majority of Anna Maria’s registered voters.

Barford noted city manager discussions are taking place in Holmes Beach. She and Mayor Dan Murphy agree the mayor’s job has become more like a full-time job, but neither feels Anna Maria needs a city manager.

Murphy strongly opposes hiring a city manager that reports to the city commission.

“You’re asking somebody to serve five masters. It’ll work, but things won’t get done fast,” he said, making a comparison to corporations with board members who are heavily involved in the business operations.

Having worked with many boards and non-profit organizations, Commissioner Carol Carter agreed.

City administrator

The charter already authorizes the mayor to appoint a city administrator, with commission approval.

Murphy said a city administrator who reports to the mayor would make the mayor’s job easier. He said project management, like building a pier, was something that could potentially be delegated to a city administrator with the right experience.

He said a future mayor that lacks management expertise might rely heavily on an experienced city administrator. Murphy said the cost of hiring a city administrator is not yet justified, but the day is coming.

Commissioner Amy Tripp questioned whether a mayor’s workload can still be handled by one person.

“One of the things I’ve noticed over the years is city government becomes more and more complex,” Commissioner Doug Copeland said.

Copeland suggested the commission also be given the authority to appoint a city administrator if a situation arises where a mayor isn’t doing the work required and has significant time remaining in their term. This change would require a charter amendment.

“The feeling was the city clerk and our staff are really doing the administrator’s job, so for our sized city it’s working,” Barford said of the committee’s previous discussion.

Short said running a city is significantly more complicated than it was three, five or 40 years ago, and that’s one of the reasons he brought up a city manager. He’s OK with the commission also being given the authority to appoint a city administrator, but the administrator’s roles need to be set forth in that section of the charter, which the committee hasn’t reviewed yet.

Commission terms

Short asked how long it takes for a new commissioner to get up to speed and why terms are two years.

Carter said when she first ran she was asked what city ordinance she’d change if she could. She said she’d consider making commission terms longer because of the steep learning curve faced by those entering city government. She said Manatee County and Bradenton commissioners serve four-year terms, but four years might discourage some Anna Maria candidates.

“Three years might be more appealing in both directions,” Carter said.

Barford said it can be time-consuming and costly to run for office every two years. Copeland and Commissioner Dale Woodland do not spend time or money campaigning, nor do they support longer terms.

Commissioner Brian Seymour said he could see both sides of the issue and would favor three years over four.

Tripp cited the learning curve she experienced and said three-year terms might create a more effective city commission.

The Charter Review Committee will meet again Wednesday morning. Feb. 13.

Bradenton Beach Parking Garage

Commissioners discuss parking garages, more

BRADENTON BEACH – City Commissioners want to prohibit parking garages citywide, but they don’t feel amending the city charter is the way to do it.

In other charter-related business, the commission plans to appoint a Charter Review Committee (CRC) that among other things will debate the need to hire a full-time city manager.

Parking garage

At its April 19 meeting, the commission supported Commissioner Ralph Cole’s suggestion that the land development code (LDC) and comprehensive plan need to be amended to ensure that multi-level parking garages cannot be built anywhere in Bradenton Beach. Cole said the language currently contained in the land development code and the comp plan do not mirror one another when it comes to parking garages.

City Planner Alan Garrett told commissioners the comp plan currently allows for parking garages in two of the city’s dozen or so comprehensive plan zone designations. The commission wants to change that to ensure that no multi-level parking garages can be built in the city.

The commission discussion was partly inspired by the Keep Our Residential Neighborhoods (KORN) political action committee’s efforts to place a parking garage prohibition charter amendment question on the November ballot.

City Attorney Ricinda Perry said she does not think state law allows the city charter to be used as the means to address land use issues like a parking garage. She agreed these concerns should be addressed as commission-enacted amendments to the land development code and comp plan.

City Manager?

During the April 19 meeting, some commissioners shared their thoughts on hiring a full-time city manager – another charter amendment proposed by KORN.

Cole said previous CRCs have discussed hiring a city manager but never recommended it.

“It always comes down to the budget and you’d have to fund another position. Can we afford it? Would we have to raise taxes for the manager’s position?” Cole said.

Mayor John Chappie said he prefers the city’s current weak mayor form of government because it provides equal decision-making authority for all five commission members. He feels this prevents a strong mayor or city manager from having too much influence on the decision-making process.

During public input, KORN founder and treasurer John Metz expressed support for a city manager. He feels a city with a $3 million annual budget needs a professional manager.

He suggested a city manager trained in the execution and fulfillment of contracts could have prevented the delays the city’s experiencing with getting a floating day dock installed alongside the Bridge Street Pier.

Chappie, Perry and Cole disagreed with Metz’s opinion that a city manager could have prevented the delays the city has been subjected to by its dock contractor, Technomarine.

“I think it’s running very well the way it is,” Commissioner Marilyn Maro said of the city’s current form of government.

Maro praised the monthly department head meetings that provide commissioners with updates from staff regarding their efforts to carry out the commission’s directives and she encouraged residents to attend these meetings.

Charter review committee

The city clerk’s office will accept applications for CRC members through May 7. Chappie will then nominate members for the commission’s approval. Commissioners can also recommend committee members.

The appointed committee will conduct a comprehensive review of the city charter – the legally binding document that determines how the city is governed and operated.

The CRC will be asked to review and clarify three charter amendments adopted by city voters last fall. The committee also will be asked to help better define the residency requirements placed on city commissioners and commission candidates.

The committee will have the ability to review, but not alter, the four charter amendments proposed by KORN. The committee could then propose its own amendments to address concerns raised by the KORN amendments.

The committee can also propose for commission consideration any other charter amendment the committee feels would be beneficial to the city and its citizens if supported by city voters in November.

Holmes Beach logo OLD

Commission split over city manager

HOLMES BEACH — Commissioners are on both sides of the fence over whether or not to hire a city manager.

During a May 23 work session, members of a residents’ committee presented the pros and cons of hiring a manager.

For the residents, transitioning to a city manager form of government has primarily positive outcome scenarios, according to members of the committee.

“I wish I could say I found some negativity, but I didn’t,” resident and committee member Renae Ferguson said. “I think the results we got were enlightening to say the least.”

Ferguson reported that out of the 12 coastal cities spoken to, all were pleased with the results of having a city manager, versus only a mayor, to handle the day-to-day operations of the city. The reason was listed as the consistency a city manager provides.

Unlike a mayor, who faces re-election every two years, a city manager is a hired employee who is expected to be with the city long-term. City managers also are required to meet certain job qualifications whereas a mayor can be anyone who qualifies to run for office. In Holmes Beach, that means meeting a residency requirement and candidate paperwork deadlines.

If commissioners choose to pursue hiring a city manager, a mayor would still be elected every two years but would be responsible for oversight rather than the daily activities of city government.

Mayor Bob Johnson said he’s in favor of creating a city manager position to foster continuity for staff and residents after his current term expires.

Johnson previously announced he wouldn’t be seeking a third term as mayor. His current term expires November 2018.

Commissioner Carol Soustek agreed with Johnson.

“It’s a small city with big city problems,” she said of Holmes Beach. Soustek expressed concern that with a shrinking pool of residents, particularly those willing to take on the role of mayor, it may be time to consider revamping the city’s form of government.

“It’s not a choice up here anymore, it’s kind of a necessity to consider this,” she said.

Commissioner Judy Titsworth isn’t sure a city manager is the right move for Holmes Beach. She said she would like to see an election pass without a mayoral candidate stepping forward before she considers installing a city manager.

“If each charter position was hired as a competent team player to uphold the wishes of the commission through the mayor, our charter would work,” she said. At this time, Titsworth said she’s unwilling to expend the time and effort needed to review and change the city’s charter to accommodate a city manager position.

“I think you’re naïve about the charter,” Johnson said. “We have a good staff, that’s not the issue. The issue is stability. The city is suffering in a way it doesn’t need to.”

“This is definitely one thing that doesn’t need to be rushed,” Titsworth said.

Soustek recommended moving the discussion to the next work session for further contemplation by commissioners.

“Come back again,” she said to members of the residents’ committee. “It will be continued.”