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03-25-1982 o u CITY OF EDGEWATER Charter Review Commission Meeting Minutes March 25, 1982 Chairwoman Mason called the meeting to order at 1:00 PM in the conference area of the Community Center. ROLL CALL Members present: Messrs. Dore, Millard, Hardin, Kropp, Mrs. Mason, Mrs. Bennington. Also present: City Manager, Mr. Mitchell, City Attorney, Mr. Henderson, Mrs. Winks. APPROVAL OF MINUTES Mrs. Mason felt that the minutes should be amended to show all members' opinions on the subjects discussed. The minutes of the March 10, 1982 meeting will be amended. REVIEW OF CHARTER Mrs. Mason brought up Article IV, Section 1, where ':the Commission had changed the wording to read, "There shall be a City Manager". She had discussed this change with legal counsel, and they felt that since there had been a lawsuit on this matter and resolved, it should remain as it is stated in the present Charter. The concensus of the Commission wasn to get public input prior to acting any further, and to leave the proposal as for the time being. Mrs. Bennington would like to present the new Charter to non-political organizations and ask for their attendance at the public hearing. Mr. Dore questioned if the Charter requires 5 zones and a Councilman would be elected Hayor, would the Mayor be able to make. motions? He had a concern from a citizen that if his zone's Councilman is elected Mayor, he would lose his representation. Mr. Henderson stated that the system of the Mayor not making motions has been adopted by the City from Robert's Rules of Order. He noted that in other cities the Mayors make motions. Mr. Millard said he would like the Charter to state that the presiding officer cannot make motions, nor can he step down to make a motion. Mrs. Mason would like to see a penalty for Councilmen being absent without an excuse. There was a lengthy discussion on this subject. The opinion of the Commission on absences is that it should be in the Charter, and worded similar to the Port Orange Charter, stating three unexcused absences. Mr. Millard stated that the Charter should declare that all power is derived from the people, through the elected Council, and employees of the Council are always subject to that power. Referring to the duties of the CIty Manager, Mr. Millard questioned (i), where it sta~es that he has the authority to suspend or remove all employees and appointed administrative officers. Mr. Henderson stated that this does not mean board members. Mr. Millard would like to have a new (j) stating: A city manager is specifically enjoined from participation in the deliberations, the discussions and con- clusions of the various appointed boards of Edgewater. He may be invited to answer questions but is not to be an ex-officio member of these independent boards. Mr. Millard suggested this as a means of checks and balances. Mrs. Bennington felt the Manager has the right to attend Board meetings and give input and if members of a board are influenced by the City Manager, it would be the Chairman's fault, since he recognizes non-members and keeps order. Mr. Millard said that just the presence of a council member or city manager inhibits some members. Mrs. Mason said the city manager should be allowed to give his opinion on the effect of the Board's decision on other boards and activities. Mr. Dore stated that the City Manager's input is necessary at a Board meeting, but it is the responsibility of the Chairman to keep order. Rev. Hardin felt he should be available to give any informa- tion needed, but not persuade members as to their decision. Mr. Kropp noted this statement was not needed in the Charter and that input by the City Manager was fine. It was the opinion of the Commission not to put this statement in the Charter. Mrs. Mason mentioned that the City Manager should have the authority to approve the expenditure of a set amount of money without Council approval. The Commission agreed to repeat the present Charter limits. .. : ~ ~ o o Mrs. Bennington said she would like to see the City Clerk and Police Chief be appointed by the City Manager with approval from the City Council. The Commission agreed to have this added. Mr. Hardin questioned the meaning of removal from office due to crime. Mr. Henderson answered that this would mean a conviction of a felony. Mr. Dore pointed out that in Article 6, Eiliections, Section 1, c, 1, states that zones shall follow the center lines of streets. The Commission agreed this should say natural boundaries, railroad tracks, etc. Mr. Millard questioned Section 7, Vacancies, b, as to whether the Councilman could remain in office if he moved out of his zone. Mr. Henderson answered that the Councilman cannot remain in office if he moves from his zone. Mr. Henderson asked the opinion of the Commission on several subjects. The Commission felt that aJ~epotism clause should be added, but existing employees not included. The Commission decided that a person should be a resident of Edgewater for at least one year before he is eligible to run for Council. The concensus of the Commission was that a clause be put in the Charter stating the concept oE the Boards, noting that Council appoints members and Boards. The Commission decided that a statement should be in the Charter based on the Model Charter pertaining to emergency ordinances. Mr. Henderson felt that there should be some language in the Charter which states the format of a petition and when it shall go to ballot. Mrs. Mason suggested, and the Commission agreed, that a 10% petition go to ballot at the next general election, and a 25% petition go to ballot within sixty days. Mr. Henderson will work up a form for the petition. Mr. Henderson asked whether the Commission felt there should be a statement in the Charter on what is passed by ordinance and what is passed by resolution. It was decided that this is not needed in the Charter. Mr. Henderson asked if the Commission wanted a statement that Department Heads shall reside in the City of Edgewater. There was a discussion on whether there is a large enough talent pool in the City. Mr. Mitchell said he would prefer a supervisor from the City, but if the talent could not be found, he would have to hire out of the City. The Commission decided this should not pe put in the Charter. Mr. Lodllico questioned the requirements for running for office. Mr. Hender- son stated that according to the State, a person must either pay a filing fee of 3% of his salary, or collect signatures of 3% of the qualified electors within his district. Edgewater's present policy calls for 25 signatures. Mr. Wilbur felt the qualification should be by signatures of the person's zone. Mr~ Lodico and Mr. Pendleton felt it should be by sig- natures at large. Mrs. Mason, Mr. Millard and Mr. Dore noted it should be by signatures. Mrs. Bennington felt the candidate should have a choice, either signature or filing fee. Mr. Phinney, a member of the audience, also felt they should have an option. This discussion was tabled until the next meeting. The meeting was adjourned at 4:06 PM. Minutes submitted by: Debbie Winks Charter Review Commission Minutes March 25, 1982 Page 2