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03-29-2010 Charter Review Committee March 29, 2010 City Hall Conference Room 9:00 a.m. MINUTES 1. CALL TO ORDER Vice-Chairman McIntosh called the meeting to order at 9:00 a.m. in Edgewater Council Chambers. 2. ROLL CALL Members present were, Pat Card, Ferd Heeb, Robert McIntosh and Robert Lott. Scott Brown was absent. Also present were Assistant City Attorney Mike Ciocchetti and City Clerk Bonnie Wenzel. 3. APPROVAL OF MINUTES a. March 22, 2010 Mr. McIntosh moved to approve the minutes of March 22, 2010, second by Mr. Heeb. MOTION CARRIED 4-0 4. DISCUSSION REGARDING POTENTIAL CHARTER AMENDMENTS a. Building Height Assistant City Attorney provided a final strike-thru underline version of the Ordinance, which included the exception in the question. He suggested the second recital on page one should be changed to 1.01, not 1.01 (a)(1) for consistency. He added that he third recital have the word "certain" struck out. Chairman Lott suggested "Amendment" to the 35-foot height limit, rather than deletion, there is stronger language in the Land Development Code. Mr. Card moved to accept the lan2ua2e and to present the Ordinance to City Council, second by Mr. McIntosh. MOTION CARRIED 4-0 b. Residency Requirement Assistant City Attorney stated there were no changes to the title or amendment, but some to the ballot language. Mr. Heeb stated they have gone over the history, and the word "extraordinary" causes a hardship. Mr. Card stated that one Council member was concerned that there would only be one question on the ballot. Mr. Heeb moved to accept the lan2ua2e, second by Mr. Card MOTION CARRIED 4-0 The committee discussed leaving a legacy for the next committee. There were items they wanted looked at down the road. Mr. Heeb wants the next committee to discuss having seven districts, four at large and three districts. F:\2010 Charter Review Committee\Minutes\03-29-10 minutes.docx 1 Charter Review Committee March 29, 2010 City Hall Conference Room 9:00 a.m. MINUTES There being no further business to discuss, the meeting adjourned at 9:36 a.m. Minutes respectfully submitted by: Bonnie Wenzel, City Clerk F:\2010 Charter Review Commillee\Minutes\03-29-10 minutes.docx 2 Q o o jla~ ORDINANCE NO. 2010-0-DRAFT AN ORDINANCE OF THE CITY OF EDGEW A TER, FLORIDA AMENDING ARTICLE IV (ADMINISTRATION), SECTION 4.11 (RESIDENCY REQUIREMENTS FOR CERTAIN CITY EMPLOYEES) OF THE CHARTER OF THE CITY OF EDGEWATER; PROVIDING FOR REVISION OF THE CHARTER; PROVIDING FOR SUBMISSION TO THE ELECTORS FOR APPROVAL OR DISAPPROVAL OF THE PROPOSED CHARTER AMENDMENT SET FORTH HEREIN; PROVIDING FOR REQUISITE BALLOT LANGUAGE; PROVIDING FOR A REFERENDUM ELECTION; PROVIDING PROCEDURES FOR BALLOTING; PROVIDING FOR NOTICE OF ELECTION; PROVIDING FOR INCLUSION IN THE CHARTER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 166.031 (l), Florida Statutes (2009), requires, with certain limited exception, the governing body of a municipality to, by ordinance, submit any proposed amendment to its charter to the electors of the municipality at a general or special election; and WHEREAS, Section 4.11 of the City Charter provides that the city manager, city attorney, city clerk and all department heads in charge of public safety services shall reside within the city limits, but that, except as to the city manager, police chief and fire chief, the requirement can be waived by the City Council under extraordinary circumstances; and WHEREAS, the Charter Review Committee of the City of Edgewater, Florida has proposed a change to the City Charter as more fully described herein; and WHEREAS, the City Council of the City of Edgewater, Florida (the "City Council") desires to submit to its citizens for consideration whether Section 4.11 of the City Charter should be amended to allow the City Council to waive the residency requirement for the Police Chief and Fire Chief and to broaden the City Council's power to grant waivers by removing the condition that waivers shall only be granted under extraordinary circumstances. CODING: words underlined are additions; words otrickon are deletions. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: Struck through passages are deleted. Underlined passages are added. 2010-Q-DRAFT Page 1 of 5 ; o '-> '-> SECTION 1. PROPOSED CHARTER AMENDMENT Section 4.11 of the City Charter be amended, upon a vote of a majority of the City of Edgewater electors in favor of such an amendment, to read as follows: The city manager, city attorney, city clerk, and all department heads in charge of public safety services (Police Chief/Fire Chief) shall reside within the corporate limits of the city within six months after the completion of the probationary period unless the requirement is waived by the city council. Except as to the city manager, police chief and fire chief, the city council may waive the residency requirement if the waiver is deemed to be in the best interests of procuring the services of the most qualified professional applicant. Council shall only grant '.vaivers under extraordinary circumstances(s) and may impose reasonable conditions, such as, for example; limits on the time of the waiver. This section shall not apply to any department head or city employee hired prior to the effective date of this section. SECTION 2. FORM OF BALLOT RELATED TO SECTION 1 The form of ballot for the Charter amendment provided for in Section I of this Ordinance shall be, as follows: "Amendment of Residency Requirements of Certain City Department Heads or Employees The current City Charter requires certain Department Heads reside in the City. The City Council may waive this residency requirement if deemed in the best interests of procuring the services of the most qualified professional applicant and the Council finds extraordinary circumstances exist. Currently, this waiver is not available to the Police and Fire Chief. This Amendment removes the requirement that extraordinary circumstances exist and makes such waiver available to the Police and Fire Chief." Shall the above-described Charter amendment be adopted? Yes - For Amendment No - Against Amendment" SECTION 3. REFERENDUM ELECTION A referendum election is hereby called and scheduled at the time of the next regularly schedule general election, November 2, 20 I 0, to determine whether the ballot question appearing Struck through passages are deleted. Underlined passages are added. 20l0-0-DRAFT Page 2 of5 Q in Section 2 hereof shall be approved by a majority of the votes cast in such election in which qualified electors residing in the City shall participate. Such referendum election shall be held and conducted in the manner prescribed by law. The places for voting in such referendum election shall be such locations as are established for all City elections. All duly qualified electors of the City of Edgewater shall be entitled to participate in said election. SECTION 4. NOTICE OF REFERENDUM ELECTION Notice of said election shall be published in accordance with Section 100.342, Florida Statutes, in a newspaper of general circulation within the City at least thirty (30) days prior to said election, the first publication to be in the fifth (5th) week prior to the election, and the second publication to be in the third (3rd) week prior to the election, and shall be substantially in the form set forth in Section 2 of this Ordinance or as otherwise lawfully provided. Copies of this Ordinance shall be made available for public inspection during regular business hours at the City Hall. SECTION 5. COORDINATION WITH SUPERVISOR OF ELECTIONS AND DUTIES The City Clerk, with necessary assistance from the Supervisor of Elections for V olusia County, is hereby authorized to take all appropriate actions necessary to carry into effect and accomplish the electoral provisions of this Ordinance. The City Clerk is authorized to arrange for early voting as authorized by law. Q SECTION 6. VOTER REGISTRATION BOOKS The Supervisor of Elections for V olusia County is hereby authorized and requested to furnish to the inspectors and clerks at each place where the votes are to be cast in such City Charter referendum, applicable portions of the registration books or certified copies thereof showing the names of the qualified electors residing in the City of Edgewater. SECTION 7. INCLUSION IN THE CHARTER It is the intention of the City Council, and it is hereby ordained that the provisions of Sections I of this Ordinance shall become and be made a part of the Charter of the City of Edgewater, Florida, as to any Charter amendment measure approved by a majority of voters voting on such measure in such election; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; that the word "Ordinance" may be changed to "Section" or other appropriate word. SECTION 8. EFFECTIVE DATE This Ordinance shall take effect immediately upon its adoption. The proposed City Charter Amendment described in Section 1, above, shall only be effective if a majority of the qualified electors of the City of Edgewater voting at the general election vote for its adoption and o Stmek through passages are deleted. Underlined passages are added. 2010-0-DRAFT Page 3 of5 u shall be considered adopted and effective upon certification of the election results as provided herein. SECTION 9. CONFLICTING ORDINANCES All ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 10. SEVERABILITY If any section, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, that holding in no way affects the remaining portions of this Ordinance. SECTION 11. ADOPTION After Motion to approve by and Second by , the vote on the first reading of this ordinance held on , 20 I 0, was as follows: AYE NAY Mayor Mike Thomas ~ Councilman Debra J. Rogers Councilwoman Gigi Bennington Councilwoman Harriet B. Rhodes Councilman Ted Cooper After Motion to approve by and Second by the vote on the second reading of this ordinance held on was as follows: AYE NAY Mayor Mike Thomas Councilman Debra J. Rogers Councilwoman Gigi Bennington Councilwoman Harriet B. Rhodes u Struck through passages are deleted. Underlined passages are added. 20IO-O-DRAFT Page 4 of5 u o v Councilman Ted Cooper PASSED AND DULY ADOPTED this ATTEST: Bonnie Wenzel City Clerk day of ,2010. CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Mike Thomas Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Carolyn S. Ansay, Esquire City Attorney Doran, Sims, Wolfe, Ansay, Kundid & Birch Approved by the City Council of the City of Edgewater at a meeting held on this _ day of , 2010 under Agenda Item No. Struck throl:lgh passages are deleted. Underlined passages are added. 2010-Q-DRAFT Page 5 of5 March 22,2010. Members of the Committee, staff and citizens: As previously discussed the information provided on the American Community Survey (ACS) and how it is used by the US Census Bureau for information collection and dissemination, I submit the following attachments as a basis to change the Charter to reflect the data obtained for redistricting and selection of additional members of the City Council. Each attachment garners further strength that the efforts utilized by the ACS are and will be the basis for interim years of census information to provide the Congress of the United States as well as individual States to redistrict nationally on a shorter division of time other than the current decennial census information provided by the US Constitution. As you can see, it is the goal of the US Census Bureau to become as accurate each year through this process in order to keep the Country up to date on its citizens and effectively provide the necessary information needed to disseminate the funds in proper apportionment each year. It is evident that the Congress and others believe this information to be extremely helpful. The US Census Bureau has funded this project for the past 5 years in order to provide up to date census data. Through these efforts and numerous trials and errors and test projects, the Bureau is willing to move ahead and use this data annually. This will provide everyone with as accurate a collection of data as possible without undertaking the decennial census production. I am sure that the decennial census and data collection will not be changed. However, the utilization of this current increase in information each year will certainly change the procedures in Congress for the redistribution of annual funds. I have provided excerpts from the ACS website, which is linked specifically to the US Census Bureau website, and it is listed in a priority position for easy access and processing of its data. \' ~~ ' ~(![ 10 :y( ~ rln ftt ..{ ? v 'If( ~~ ~ J[)(O he~~ J) Z ~/.' tJ/() "1~ ~ 'J 1rS;' , 0? Is the ACS Required by Law? How Does Congress Use ACS Data? The ACS is part of the 2010 Decennial Census Program. The U.S. Constitution (Article I, Section 2) requires a census every 10 years. The census is authorized under Title 13, U.S. Code (the Census Act). Numerous fed- erallaws also require information about the nation's population and housing to allocate formula grants and to establish eligibility for programs. The census is the primary source of data for many of these programmatic req u i rements. In a 2002 opinion, the Government Accountability Office (GAO) found that Sections 141 and 193 of the Census Act authorized the Census Bureau to develop and administer the ACS and that no additional legal authority for the survey was required. (Legal Author- ity for American Community Survey. B-289852. April 4. 2002.) Therefore, you will not find a specific vote authorizing the ACS. See the text box below for the specific legal authority for the census and the ACS. Legal Authority for the Census and the American Community Survey Constitution of the United States, Article I, Sec. 2 (in relevant part). Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers. .. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by law direct. Title 13, U.s. Code, ~ 141 (a). The Secretary shall, in the year 1980 and every 10 years thereafter, take a decennial census of population as of the first day of April of such year, which date shall be known as the "decennial census date", in such form and content as he may determine, including the use of sampling procedures and special surveys. In connection with any such census, the Secretary is authorized to obtain such other census information as necessary. Title 13, U.S. Code, ~ 193. In advance of, in conjunction with, or after the taking of each census provided for by this chapter, the Secretary may make surveys and collect such preliminary and supplementary statistics related to the main topic of the census as are necessary to the initiation, taking, and completion thereof. 4 What Congress Needs to Know The questions on the ACS supply the raw data needed for a range of programs affecting education, veterans, employment, housing and community development, public health care, commuting, services for the elderly and disabled, and assistance programs for low-income families and children. About $400 billion in federal pro- gram funds are distributed each year based, in whole or in part, on census and ACS data. The ACS produces updated information every year, providing Congress with timely data for allocating for- mula grants and establishing eligibility for programs, evaluating community needs, and deciding how and where to invest funds in the future. For example: . Information on veteran status and period of military service is used to allocate funds to states and local areas for employment and job training programs for veterans. . Information on educational attainment and school enrollment is used to allocate funds to provide classes in basic skills for adults who have not completed high school and who are not function- ally literate. Employers also use the information to locate new jobs and stimulate economic growth. . Income data from the ACS are used to determine poverty status, measure economic well-being, and assess the need for assistance. Many federal programs, including Low-Income Home Energy Assistance, Community Development Block Grant, Older Americans Act, WIC, Head Start, and No Child Left Behind Act, use income data to allocate formula grants. Does the ACS Provide Official Population Counts? No. The ACS is not designed to provide official counts of the nation's population. The decennial census of population, conducted once every 10 years (2000, 2010, etc.), is the official source of population counts for every jurisdiction in the United States. Between censuses, the Census Bureau provides updated official population estimates by race, Hispanic origin, age, and gender and estimates of total housing units for states, counties, and cities through its Population Estimates Program. u.s. Census Bureau. A Compass for Understandlno and Usinq American Communltv Survey Data