MINUTES
OF
CHARTER
COMMISSION MEETING
MAY
8, 2001
The
meeting of the Polk County Charter Review Commission was called to order by Dan
Costello, Chairman at 6:00 p.m. in the 3rd floor conference room of
the Citrus & Chemical Bank, Bartow. Chairman
Costello informed the citizens in the audience that there was a speaker sign-up
sheet and if they were interested in addressing the Commission later on at the
appropriate time in the agenda, their name would be called in the order in which
it appears on the sign-up sheet.
Chairman
Costello stated that the normal order of business did not include a prayer, but
Commissioner Greg Masters mentioned during the last Commission Meeting that he
thought that it would be appropriate if the Commission began meetings with a
prayer, and if there was no objection he would do so. No objections were raised.
Chairman Costello asked Commissioner Hunt to lead the prayer and
Commissioner Strang to lead in the Pledge of Allegiance.
Chairman
Costello introduced Cynthia Swearengin, Executive Assistant for the Charter
Review Commission and stated that Ms. Swearengin has been at work for a little
over a week and a lot of progress has been made.
Chairman
Costello asked Ms. Swearengin to call the role: Commissioner Allen; Commissioner
Moore-Bailey; Chairman Costello; Commissioner Dukes; Commissioner Gernert;
Commissioner Hunt; Commissioner Lindsey; Commissioner Masters; Commissioner
McLaughlin; Commissioner Nunnallee; Commissioner Price; Commissioner Stoer;
Commissioner Strang; all members were present with the exception of Commissioner
Masters and Commissioner Stoer, both of whom gave advance notice of their
absence in accordance with Rule 8. Chairman
Costello noted that the Commission did have a quorum.
Chairman
Costello stated that the first order of business would be for the approval of
the minutes for the April 24th, 2001 meeting.
Commissioner Strang made a
motion to approve the minutes, Commissioner Nunnallee seconded the motion, all
were in favor, the motion carried.
Commissioner
Lindsey stated that there were some comments made at the end of the last meeting
by Mr. Dewey Smith, of the Home Rule Charter Committee, that did not receive a
response, and that he would like to respond to those comments.
Commissioner Lindsey stated that there was a question regarding
parliamentary procedure and that he wanted to get clarification from the body
based on some of the comments that Mr. Smith raised.
Commissioner Lindsey stated that he felt that parliamentary procedure is
an important part of the process, but it does not drive the process.
It simply gives structure to the way the meeting order of business is
conducted and its inclusion neither adds to nor detracts from the legitimacy of
the business at hand. Commissioner Lindsey stated that if his understanding was
different than the rest of the body then he would like clarification from the
body. Chairman Costello asked if
any of the Commissioners would like to comment.
Commissioner
Gernert stated that he called County Attorney, Mark Carpanini,
to ask him whether or not the not closing of the nominations in any way
affected the legitimacy of the vote.
Commissioner Gernert stated that he would like to paraphrase Mr.
Carpanini’s response. Mr.
Carpanini stated that if parliamentary procedure was used as a guideline for the
meeting, in no way would it preclude the legitimacy of a unanimous vote on the
part of both of the officers that were elected, and he felt that the
commissioners had not committed any kind of a faux pas that would
negatively impact the Commission. Commissioner
Lindsey stated that Commissioner Gernert’s comments reaffirmed his
understanding.
Chairman
Costello asked if there were further comments. Commissioner Lindsey stated that the other comment that
was referred to was the Constitutional Officers orchestrating the nominations,
and he wanted to be clear in stating that was not the case; and the fact was
that he made the nomination of Chairman Costello’s chairmanship after
Commissioner Strang nominated him, and he declined.
Commissioner Lindsey said that, until the list was handed out stating who
the members of the Commission were, and who appointed them, he did not know who
appointed most of the people on the Commission.
Commissioner
Gernert stated that he neglected to mention one important point that Mr.
Carpanini shared, and that was that all of the members of the Commission have
the right at anytime to bring a point of order to consideration.
Commissioner
Gernert said that while someone could have said, “ point of order”,
and that the Commission failed to close the nominations, it did not happen.
Commissioner Gernert stated that at anytime during the deliberations, if
a vote is taken and someone at the table feels something wasn’t done correctly
or something wasn’t followed in the procedure, they have the right to present
a point of order. Chairman Costello
asked if there were further comments.
Commissioner
Moore-Bailey stated that she nominated the Vice-Chair, and at that time she had
not perused her list. She wanted to
go on record stating that she was not there to do anything illegal or to get
herself or anyone else in trouble. Commissioner
Moore-Bailey stated that she was not aware of the appointments at the time, and
she made her nomination based upon the experience the Vice-Chairman had
previously. Chairman
Costello asked if there were any further comments.
There were none.
Chairman
Costello stated that he wanted to note for the record that if the Commission was
dissatisfied with the Chairman at any time that it takes a majority vote to
remove him. Chairman Costello said
that he was glad to be serving as the Commission’s Chairman, and he
appreciated the comments that were made.
Chairman
Costello stated that the next order of business would be the reports from the
Chair. Cynthia Swearengin, the
Executive Assistant, will be giving us a report shortly on the office.
It is not a lengthy report, but we have made excellent progress.
There are only two remaining items to be done.
One is to get a copier in place and the other is the website. A meeting is scheduled this week and he hopes to get
the website up the week after next at the latest.
The website is polkcharter.com.
He noted that at the last meeting when we were talking about the website,
Commissioner Gernert asked if we would have the capability to allow citizens to
contact the Commission. Chairman
Costello said that we would because we would have e-mail capability. Commissioner Strang made reference to a bulletin board and
the Chairman wanted to make sure that he clearly understood what his intention
was with respect to that.
Commissioner
Strang stated that it was his understanding that a bulletin board refers to a
web page that anyone can post a message to, and typically it automatically gives
the e-mail address of the person posting the message as well as the date and the
time. Commissioner Strang stated
that a bulletin board would be very helpful in facilitating the free flow of
information among members of the Commission, and he thinks by law it is required
to be open to the public. Commissioner
Strang feels that non-commissioners should be encouraged to post questions and
comments to the bulletin board. Chairman Costello asked if this met with the intent of
the Commissioners. Chairman
Costello stated that since there were no objections, that is how he would try to
set it up. Chairman Costello said
that he felt sure that the County has the capability to do this.
Mr.
Roberts asked Chairman Costello and the Commissioners if they would speak a
little louder.
Chairman
Costello stated that the microphones that were being used were not for
amplification, but were simply to pick up the signal on a type recorder.
Chairman Costello thanked Mr. Roberts for bringing the Commission’s
attention to this.
Commissioner
Strang wanted to expand further on the discussion on the bulletin board.
He feels that the bulletin board needs to be moderated and that someone
needs to be in charge of it. Commissioner
Strang stated that he feels very comfortable with Chairman Costello being the
moderator. Commissioner Strang
feels the job of the moderator should be to edit objectionable language. Chairman Costello thanked Commissioner Strang for his
comments.
Chairman
Costello stated that the Lawyer and Consultant Screening Meeting chaired by
Commissioner Strang is scheduled for the 15th of May at 6:00 p.m. on
the fourth floor, County Administration Building.
Chairman
Costello said that he spoke with Mr. Carpanini, and that he does have a few
applications in. Mr. Carpanini
stated that two in-house applications have been received, and that he has had
several other verbal inquiries.
Chairman
Costello asked Ms. Swearengin to give her report as the Executive Assistant. Ms.
Swearengin stated that all of the office equipment and supplies have arrived and
that the Commission’s office is fully functioning.
Chairman
Costello thanked Ms. Swearengin for her report and asked if anyone had any
questions for Ms. Swearengin. There
were no questions.
Chairman
Costello stated that the next item for discussion in Unfinished Business would
be Editorial Changes to the Commission Rules.
These editorial changes were made by the Chairman after the April 24,
2001 meeting, and were in addition to the changes made by the Commission at that
meeting. Chairman Costello stated
that he wanted to review the editorial changes with the Commissioners to ensure
that they agree with the changes.
Chairman
Costello called the Commissioners’ attention to the following editorial
changes:
1)
First page where it says, “By-Laws Of The Polk County Charter
Commission”. He inserted “review”
between Charter and Commission to distinguish this from the original Commission.
2)
Rule 1
“Revision”
was inserted after Charter.
3)
Rule 10 – Part 1 A
After
“Charter” Chairman Costello added “amendments or revisions”.
4)
Rule 10 – Part 1 B
“amendments
or revisions” were added after
Charter.
Chairman
Costello stated that if the Commissioners agreed with those changes that he
would like to have a motion made to approve those changes. They along with the
changes that were made at the last meeting would represent the new Rules and
By-Laws of the Charter Review Commission.
Commissioner Gernert made a motion for approval and Commissioner
Moore-Bailey seconded the motion, with no further discussion, the motion
carried.
Chairman
Costello stated that the next item on the agenda was a postponed motion from the
last meeting. The motion was made
by Commissioner Lindsey and seconded by Commissioner Gernert to adopt the
suggestions set forth in paragraphs 1 and 2 of the memorandum that Commissioner
Gernert submitted to the Commission first by e-mail and then by a document copy,
which he distributed at the meeting (copy in Commission file).
Chairman Costello asked that discussion be reopened on that motion.
Commissioner
Gernert said he sent a follow-up clarification to the members of the Commission
today, May 8th, because he thought there was some confusion as to
whether this particular request that a 20 minute window provided was for general
public comment. Commissioner
Gernert wanted to clarify that his
original intent was to establish a framework for groups that we invite to the
Commission to come and present an outline of what they believe the issues are
that we should consider. Originally,
his suggestion was for 30 minutes, later changed to 20 minutes by motion.
If a group had so many issues on its agenda that it could not be
presented to them in the 20 minute timeframe, then it would be requested to
submit its outline for issues in advance to the Commission so that we could then
review it, and either use the 20 minutes for Q & A or further clarification,
or with the majority vote of Commission, extend more time to the group if we
felt clarification or further discussion was necessary.
Chairman
Costello stated that Commissioner Strang said at the last Commission meeting he
needed more time to think this over, and asked if he had any additional
comments. Commissioner Strang
stated that his position remains the same.
He thinks we need to err on the side of inclusiveness and expansiveness,
and give everyone a chance to be heard.
Chairman
Costello asked for Commissioner Strang’s view on the timeframe for
presentations. Commissioner
Strang stated that he would like to stay with the 30 minute timeframe instead of
the 20. Chairman Costello
asked if there was other discussion on the motion.
Chairman Costello asked if it would be helpful to have Commissioner
Gernert read paragraph 1 and 2 of his original memo to refresh the
Commission’s memories. No
request was made. Chairman
Costello asked if there was any further discussion with respect to the length of
time invited groups can make presentations, and the circumstances under which
they could extend that time.
Commissioner
Lindsey stated that he sympathized with both the motion that he made as well as
Commissioner Strang’s concern about 30 minutes, but stated this is much like
the discussion on the parliamentary procedure.
It is a guideline, and as the discussion merits, then we have the
discretion to extend it if there is information that is new that warrants
deliberation, and that certainly doesn’t mean that every individual and every
issue is going to warrant 30 minutes or 20 minutes, if they can make their
presentation in less time. Commissioner
Lindsey stated that he thought 20 minutes was the guideline, and we have the
discretion to expand it as the issue merits.
Chairman Costello stated that the Chairman has the authority to extend a
5 minute deadline for citizens who wish to address the Commission.
He asked if the Commission was willing to give the Chairman authority to
extend the 20 minute deadline or alternatively would the Commission rather do
that by majority vote.
Commissioner
Lindsey stated that he would like to give the Chairman discretion and make that
part of the original motion without objection.
Chairman Costello stated he thought it would be proper to amend the main
motion which is to basically limit the groups to 20 minutes, and the amendment
would be to give the Chairman authority to extend that for “good reason” or
whatever language you wish to use. Chairman
Costello asked Commissioner Strang if that would meet with his approval.
Commissioner Strang stated that he would prefer the 30 minutes.
Chairman Costello asked what the Commission would like to do.
Commissioner Gernert said that he would feel comfortable in giving the
Chairman the discretion to extend the timeframe.
Commissioner Lindsey moved the previous question and Commissioner
Moore-Bailey seconded the motion. Chairman
Costello asked all of those who are in favor of voting on the motion made by
Commissioner Lindsey to limit the presentations by groups to 20 minutes seconded
by Commissioner Gernert to please raise their hands.
Chairman Costello stated that there were 9 votes in the affirmative which
is two thirds, so that motion to move the previous question carries.
Chairman
Costello stated that the motion is to give invited groups 20 minutes subject to
the other criteria in Commissioner Gernert’s two paragraph memo which was
submitted earlier. Chairman
Costello asked all those in favor to say Aye.
The motion carried.
Commissioner
Lindsey made the motion that the Chairman be allowed to extend the 20 minute
time limit as he sees fit, Commissioner Gernert seconded the motion, there being
no further discussion, the motion carried.
Chairman
Costello stated that the Commission was given copies of the list of invited
groups that appeared before them at the previous Commission Meeting and then
additional groups were added, Libertarian, Democratic and Republican parties
plus the Visioning Groups. Since
that time we have had communications from Mr. Dewey Smith, and that is in his
letter of April 28th. The Chairman responded to him and sent everyone
a copy indicating that he would remind the Commissioners of his request.
Chairman Costello noted that Mr. Smith is requesting time for 11 issues
to be presented from 6 different groups: Citizens for Truth in Government
Association who would present three issues, the Monday Night Group who would
present one, the Home Rule Charter Committee which would present four, Citizen
Law Enforcement Watch which would present one issue, All Roads Lead to Polk one
issue, and Parental Action Group, one; and that totals 11 issues.
The Chairman said he wanted to bring that up in the context of this
discussion as to which group is going to be invited to appear before the
Commission at the appropriate time. Commissioner
Lindsey stated that he would request that those various groups be added to the
list.
Commissioner
Strang stated that some of the organizations represented have done a lot of
thoughtful study on these issues over a matter of years and he believes they
will be able to add something to the discourse. It is his observation that he would like to compare the
deliberations of this group with those of the original Charter Commission.
As he recalled those organizations such as the ones on the list were not
very prominent in stepping forward to make recommendations.
They did not take a lot of the Commission’s time, and in fact, he felt
that the work of the Commission would have benefited from a lot more input from
groups like that.
Commissioner
Nunnallee stated that she is not familiar with these groups and she wanted to
know if there was a way that the Commission could get a make- up of who belongs
to these groups so that we can become more familiar with what their make-up is.
Commissioner
Lindsey stated that he did not think that was pertinent.
He stated that it might only be a group of one but if they have an issue
they want to share with us we should hear it.
Commissioner
Moore-Bailey stated that she thought that the list of organizations that the
Chairman referred to should be able to go before the Commission and present what
they have. Commissioner
Moore-Bailey requested that the AARP be added to the list.
Commissioner
Nunnallee stated that her meaning was not to allow them not to speak.
Her intent was so that we would have knowledge of their background so
that we would be able to better understand where they are coming from when they
address our group. It had
nothing to do with not allowing them to have freedom of speech.
Chairman
Costello stated that he wanted to point out that there are six groups
represented but that there are 11 issues, and that they have asked for 20
minutes plus rebuttal time for each issue.
Under the motion that was passed earlier, the Commission limits each
group to 20 minutes plus an extension if the Chair sees fit.
Chairman Costello pointed out that the Home Rule Charter Committee which
Mr. Smith chairs, has four issues to present and they have asked for 80 minutes,
so he thinks we need to put them on notice that they would be limited to 20
minutes with the understanding that other provisions in your memo plus the
authority for the Chair to extend would apply.
Chairman
Costello confirmed that the following groups were added to the list: Citizens
for Truth in Government, Monday Night Group, Home Rule Charter Committee,
Citizens for Law Enforcement Watch, All Roads Lead to Polk, Parental Action
Group, AARP, Visioning Groups in communities in Polk County, Libertarian,
Democrat, Republican parties and also the groups that were invited to the
previous Commission. Chairman
Costello asked if there were any other groups that should be added to the list
that need to be invited.
Commissioner
Gernert stated that other groups may emerge as the Commission moves forward and
come to their attention that they feel would have a need to speak, but the
Commission can address that at that time.
Commissioner
Strang made the suggestion that when we invite the groups to approach us that we
encourage them in strong terms to limit their remarks to specific issues and
specific subjects. Chairman Costello stated that he would prepare a letter of
invitation to these various groups, and get the Commissioners’ comments on the
letter.
Chairman
Costello asked for a motion for the approval of the initial list that he
mentioned. Commissioner Strang
moved that the list of groups which were mentioned, will be on our initial list
of invited groups, Commissioner Moore-Bailey seconded the motion, with no
further discussion, the motion carried.
Chairman
Costello stated that the next item of business would be Development of Issues.
He stated that he had started a list of issues that had come from Mr.
Smith and could continue that list, but he wanted to know if the Commission
thought that this was necessary. Commissioner
Strang stated that he thought that the list would be very helpful and important.
He suggested that the Commission have a separate page on their website to have
these issues listed as they are brought forth, not necessarily adopted by the
group but as they surfaced. Chairman
Costello reminded the Commission that it takes four votes to put an issue on a
discussion agenda, and then once it’s on the discussion agenda, it takes a
minimum of seven votes (two thirds) of the members present to go from the
discussion agenda to the amendment or revision list that goes to the voters.
Commissioner
Chris McLaughlin stated that he sent an e-mail Tuesday afternoon, May 8th,
2001, that reflects a list of issues that the previous Charter Commission and
its consultant spent a great deal of time talking about.
Commissioner McLaughlin cautioned the Commission that there are hundreds
of issues and that he felt that the Commission would want to be more expansive
rather than winnow down the list. The
list which would be sent to invited groups would not be a prioritized list but
it would be an all inclusive list which did not reflect a restricted agenda of
the Commission. Commissioner
McLaughlin stated that he did not think that the Commission should generate
issues only by having them sent by others into the Commission.
Chairman
Costello said that he thought the previous Charter Commission had a consultant
come in to facilitate Commissioners priority issues, whether high or low.
Chairman Costello suggested that Commissioner Strang tell the Commission how
that process worked.
Commissioner
Carl Strang stated that he felt that process did not advance the work of the
Commission by great leaps.
Commissioner
Chris McLaughlin stated that his point was that he didn’t think that as a
Commission that all of the issues submitted to them should be submitted to the
public. He feels that the
Commission needs to have a very expansive list but he is concerned because of
the number of issues, a vote cannot be taken on
every single issue. He
suggested that the Commission start with the previous consultant’s list of
issues because it includes many issues that have been brought to this
Commission. Chairman Costello asked
for further comments.
Commissioner
Carl Strang stated that he felt that it was important that the Commission adopt
an attitude of keeping their minds open up to and including the final public
hearings because it is conceivable to him that someone would come up with a new
idea that would strike fire at those public hearings. Chairman Costello asked for other comments on this
issue.
Commissioner
Gernert stated that he felt that as the Commission heard groups speak that
perhaps Ms. Swearengin could in her record keeping indicate which issues
come up most frequently.
Commissioner
McLaughlin stated that he felt that Chairman Costello’s point was that when we
invite the groups initially he was thinking that we want to have attached a list
of issues that they might want to bring to their group.
Chairman
Costello stated that if there was no further discussion on this point then he
would move to the next item on the agenda.
Mr.
Roberts asked Chairman Costello if individuals needed to call the Commission to
get a place on the agenda. Chairman
Costello stated no that was not necessary.
Individuals wishing to address the Commission need only to place their
name on the Interested Speakers Sign In Sheet at the Commission Meetings.
Chairman
Costello invited Mr. Dewey Smith to speak.
Mr. Smith stated he had a letter that was written by Mr. Russell Hancock
that he wanted placed in the public record.
Chairman Costello stated that he would place the letter in the public
record and make sure that all commissioners have a copy of the letter (copy in Commission files).
Chairman
Costello asked if any other citizen was interested in addressing the Commission.
Mr.
Michael Dunn addressed the Commission stating that he had some concerns, and he
thought that the Charter Commission should abide by the same rules as the
elected officials, specifically with regards to disclosing financial statements,
net worth and wealth. Chairman Costello asked if any Commissioners wished to
comment.
Chairman
Costello answered Mr. Dunn by saying he was going to exert independence and
objectivity. He was appointed by a majority of the Constitutional Officers, but
believes that he can act on behalf of all of the people of Polk County and that
he was not beholden to any elected official.
Chairman Costello stated that knowing the Commissioners as he does, he
feels sure that they are going to exercise the same degree of independence.
Chairman
Costello stated that he was on the last item of the agenda and that Commissioner
Strang’s Committee would meet in the County Administration Building on the 15th
of May at 6:00 p.m.
Chairman
Costello asked if there was any new business to come before the Commission.
Commissioner
Strang stated that his committee was meeting on May 15th but all
Commissioners are welcome to attend as is the general public.
Chairman
Costello stated that the purpose of the May 15th Committee Meeting
was to screen the applications for consultants and attorneys for the Commission
and to provide the Commissioners with a list of the people that will be
interviewed on May 22nd, which is the Charter Review Commission
Meeting two weeks from today.
Commissioner
McLaughlin provided copies of an analysis of the charters of several Florida
counties and their differences. Chairman
Costello thanked Commissioner McLaughlin for the extensive research (copy in
Commission files).
Chairman
Costello asked if there was any further business to come before the Commission.
There being no further business, Commissioner Bob Gernert made a motion
to adjourn the meeting, Commissioner Nunnallee seconded, the motion carried and
the meeting adjourned at 6:55 p.m.
Respectfully
submitted,
Cynthia
Swearengin