A Bradenton Beach City Commission meeting June 2 was the first public hearing for Ordinance 22-542, the summation of the commission’s actions on the charter review committee’s recommendations.
There must be two public hearings where agreed-upon changes are reviewed in an ordinance before they are submitted to the Manatee County Supervisor of Elections for a vote by the electorate on a municipal ballot.
A charter, originally adopted by the electorate and amended by voters through a referendum, governs the city. One method of amending the charter is for a review commission to draft and propose changes to be considered by voters at the polls.
Five people were appointed by the commission April 7 to a charter review committee — a year earlier than prescribed.
Their recommendations were brought before the commission May 19 and commissioners reached a consensus about what recommendations to present to voters in the Nov. 8 general election.
City attorney Ricinda Perry began the June 2 meeting by summarizing the ordinance, the ballot titles and the descriptions of the language commissioners agreed to May 19.
One item, however, dealing with “supra majority,” had not been revised by Perry in the proposal even though it had been rejected by city commissioners at their May 19 meeting.
Supra majority, as the charter reads, requires four of five members of the commission to approve comprehensive plan amendments.
The CRC recommended asking voters to strike the language requiring four of five members of the commission to approve comp plan amendments.
But commissioners had concerns.
“Right now, it’s four out of five,” said Commissioner Ralph Cole. “So, without it, it could be three out of four, or two out of three. So, two people could actually change a re-zoning, or a special exception or a variance, if you did that.”
Commissioner Jake Spooner asked: “What if two commissioners had to recuse themselves from an issue. Is the city obligated to have a hearing?”
“That’s the concern I have,” Perry responded. “It’s potentially legally impossible. The requirement in the charter says it has to have four votes.”
P&Z Vice-Chair John Burns, who attended both recent commission discussions on the proposal, spoke during public comment in favor of the super majority. He said the provision was meant to make it harder for decisions with a sizeable impact to be determined by a small group at the dais.
“Now we are re-discussing an item that was not supposed to be here tonight,” Burns said. “And I am still for leaving it how it is. I don’t want to make it easy for government to govern when it comes to things close to my heart.”
After deliberating, commissioners voted to strike Perry’s recommended change to the supra majority section of the charter.
The June 3 meeting was the first reading and public hearing on the ordinance.
A final reading and public hearing are scheduled for noon Thursday, June 16, at Bradenton Beach City Hall, 107 Gulf Drive N.