Input spurs re-write of Home Rule Charter
By PETER GUINTA
peter.guinta@staugustine.com
Publication Date: 10/17/07
St. Johns County Commissioners have asked residents many times to submit any ideas or suggestions that should be included in the draft of the proposed Home Rule Charter.
On Tuesday they hit the mother lode of suggestions, many of which were so workable that the commission decided to postpone its already advertised Charter ordinance approval date of Oct. 23 and push it into December.
County Attorney Patrick McCormack first detailed the few minor changes arising from the first public hearing on the charter two weeks ago.
"Most of them are not pertaining to substance; most pertain to clarification," he said.
Then came the deluge.
Al Abatiello of St. Johns, candidate for the District 1 commission seat, suggested adding a provision that would require any residential development over 99 units to be approved by county voters.
He was supported on that issue by Ken Bryan, candidate for the District 5 seat.
Retired St. Augustine legislator Hamilton Upchurch, among others, argued that the charter should be non-partisan. Supporters of the current draft say including that provision kills it in the voting booth, since 65 percent of county voters are Republican who don't want to give up dominance.
But some residents believe partisanship has no place in county politics.
Upchurch added, "What's different about this charter than the two charters that have already been defeated? And why were the constitutional officers omitted?"
Herbie Wiles asked the commission to "shelve this charter" and appoint a charter committee.
"I don't know if I'd vote for a charter. But this is one I would not consider," he said. "Give the public a chance to see if they even want a charter. You're trying to make chicken salad with a cottage cheese charter."
Ed Slavin of St. Augustine offered a long list of possible charter additions, such as adding sections on county consolidation procedure, making recall easier, forming a police review board and prohibiting eminent domain from being used by a profit-making enterprise, among many others.
Roger Van Ghent of St. Augustine wanted stronger protections against discrimination and backed Upchurch on adding a non-partisan provision.
"We don't need divisive party politics here as we see at the national level," Van Ghent said.
Daniel McDonald of Ponte Vedra Beach said he worked on the 1998 charter commission and with the group that wrote the current charter draft.
"Both of those groups overwhelmingly wanted to include non-partisan elections, but we didn't do it for a specific reason," he said. "You'd be changing it from a non-partisan charter to a partisan charter.
"(Non-partisan elections) belong on a charter revision by itself."
He said 15 of 19 charter counties in Florida left constitutional officers out of their charters.
Commission Chairman Ben Rich said he wasn't confident of going forward now that he'd heard all the suggested changes.
Vice Chairman Tom Manuel said many important issues had been raised, "some of which should be decided by a vote of the people."
McCormack said the commission could adopt an ordinance Nov. 13 but amend it any time before the November 2008 election.
Rich said, "I'd like to see something approved prior to Christmas."
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