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03-22-2010 .- Charter Review Committee March 22, 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, and Robert McIntosh, Robert Lott and Scott Brown were absent. Also present were Assistant City Attorney Mike Ciocchetti and City Clerk Bonnie Wenzel. 3. APPROVAL OF MINUTES a. March 11, 2010 Mr. Heeb moved to approve the minutes of March 11,2010, second by Mr. Card. MOTION CARRIED 3-0 b. March 15,2010 Mr. Card moved to approve the minutes of March 15,2010, second by Mr. Heeb MOTION CARRIED 4. DISCUSSION REGARDING POTENTIAL CHARTER AMENDMENTS Vice-Chairman McIntosh asked Assistant City Attorney Ciocchetti to discuss the proposed amendment draft Ordinances. Assistant City Attorney Ciocchetti discussed the draft Ordinance relating to the height restriction. He asked the City Clerk Wenzel verify with the department of Elections whether or not the words "Shall the above- described Charter amendment be adopted" was included in the 75 word limitation on the ballot question. City Clerk agreed to do so prior to the next meeting. Mr. Heeb asked if the Code would be re-numbered. Assistant City Attorney Ciocchetti thought the Resolution adopted if the amendment was approved by the voters would allow for renumbering. Mr. Card moved to approve the proposed ordinance for the hei2ht limit, second by Mr. Heeb. MOTION CARRIED 3-0 Assistant City Attorney Ciocchetti then discussed the proposed Ordinance pertaining to the residency requirement of certain employees. He stated the ordinance removed the words "police and fire chief' from the language regarding the waiver exception. Discussion ensued regarding the wording of the ballot language. Assistant City Attorney Ciocchetti suggested changing the question to read "Amendment of Ciroumstanoes When City Council May Waive the Police and Fire Chief Residency Requirements of Certain City Department Heads or Employees". Vice-Chairman McIntosh had issue with the term "certain employees". Mr. Heeb moved to table this item, second by Mr. Card F:\20 1 0 Charter Review Committee\M inules\03-22-1 0 minules.docx 1 .~ Charter Review Committee March 22, 2010 City Hall Conference Room 9:00 a.m. MINUTES MOTION CARRIED 3-0 Mr. Card stated he spoke with most of the City Council members and there were a few items he would like to bring before the committee. It was suggested that term-limits be looked for removal from the Charter. It was also suggested that the Committee come up with issues to put on the ballot so the 35-foot height amendment was not the only question. Another issue brought up was Council compensation and possibly polling other cities. He stated this has already been discussed by the Committee. Mr. Heeb stated, term limits they could look at if they suggested going to every two years. Vice-Chairman McIntosh suggested no proposed changes to term limits. Mr. Card stated again that the Committee previously discussed compensation. Mr. Heeb stated the real issue was compensation and benefits. Mr. Card stated this has been discussed and did not feel it would move forward. Mr. Heeb stated he felt this should be left alone. Vice-Chairman McIntosh spoke about the ACS regarding redistricting. Vice-Chairman Mcintosh called at 10-minute recess at 9:56 a.m. The meeting reconvened at 10:06 a.m. Vice-Chairman McIntosh continued the discussion on the ACS. Mr. Card questioned whether or not is actual figures of statistically sound national figures. Vice-Chairman McIntosh stated the surveys where geared towards smaller communities; it was only a population estimate and the figures were used for Federal funding, not redistricting. Mr. Card felt it was not appropriate for the City to use those figures for redistricting. Assistant City Attorney Ciocchetti stated is these numbers were used and it was challenged and the City lost it would undermine every action taken by that Council. Vice-Chairman McIntosh stated that Congress goes by the Census, it is in the Constitution and that is what the Charter is based on. Assistant City Attorney suggested leaving that as it stands. Mr. Card stated they will leave a message for the next committee via the City Clerk to review with concern the future growth of the City. Vice-Chairman McIntosh and Mr. Heeb both agreed. There being no further business to discuss, the meeting adj ourned at 10:21 a.m. Minutes respectfully submitted by: Bonnie Wenzel, City Clerk F:\2010 Charter Review Committcc\Minutes\03-22-10 minutes.docx 2 .. v Q o 5/ (J 'J 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 EDGEW A TER; 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 (1), 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 otrickcn 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. 2010-0-DRAFT Page 1 of 5 .. u o Q 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 waivers 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 1 of this Ordinance shall be, as follows: "Amendment of€ircull1.5t~mces- When City CelffiGil-May \Vaive th~~i; and d ~ Fire Chief Residency Requirements C'b 0A-. ~ tS1 ~LpI_ Uo.d..D.pl Wdcu..i- ~ ~ u.cv;H)~' a,rv---p-WC ~ Section 4.11 of the City Charter requires t.oo-Gity-Pulll;t; ,11 . c Chief reside within the City within a certain time periodL~ City Council may waive this residency requirement if the waiver is deemea fc:'be ~<;;th~ best interests of procuring the services of the most qualified professional applicant and the Council finds extraordinary circumstances exist warranting the waiver. This Amendment removes the requirement that extraordinary circumstances exist warranting the waiver." 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, 2010, to determine whether the ballot question appearing Struok through passages are deleted. Underlined passages are added. 20 1 O-O-DRAFT Page 2 of 5 .. Q o Q in Section 2 hereof shall be approved by a majority of the votes cast in such election in which qualified elec.tors 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 a~ 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. SECTION 6. VOTER REGISTRATION BOOKS The Supervisor of Elections for Volusia 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 1 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 Struck through passages are deleted. Underlined passages are added. 20 1 O-O-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 ,2010, was as follows: AYE NAY Mayor Mike Thomas 0 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 o Struok through passages are deleted. Underlined passages are added. 2010-0-DRAFT Page 4 of5 r ... u o o Councilman Ted Cooper PASSED AND DULY ADOPTED this ATTEST: Bonnie Weuzel 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 , 20 I 0 under Agenda Item No. Struok through passages are deleted. Underlined passages are added. 20IO-Q-DRAFT Page 5 of 5 <.) o o ~}aQ ORDINANCE NO. 2010-0-DRAFT AN ORDINANCE OF THE CITY OF EDGEW A TER, FLORIDA PROVIDING FOR AMENDMENT OF THE CITY CHARTER BY DELETING SECTION 1.01(a)(1); 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 (1), 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 1.01(a)(1) of the City Charter provides for a city-wide height restriction; and WHEREAS, The City of Edgewater Land Development Code presently provides for building height restrictions according to zoning district; and WHEREAS, the Charter Review Commission 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 1.01(a)(1), providing a city- wide building height restriction, should be stricken and deleted in its entirety from the City Charter. CODING: words underlined are additions; words stricken 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 of5 Q o o SECTION 1. PROPOSED CHARTER AMENDMENT Section 1.01 (a)(1) of the City Charter be stricken and deleted in its entirety, upon a vote of a majority of the City of Edgewater electors in favor of such an amendment, to read as follows: See. 1.01(0)(1). (a) In order to further protect the public health, safety, general welfare, and aes~hetics, no new building height shall exceed 35 feet, nor shall any existing building be altered to cause it to exceed a building height of 35 feet. (b) Building height means the '/ertical distance from the elevation of the crown of the road of the nearest adjacent roadway at the center of the front of the building to the highest point of the coping of a flat roof, the deck line of a mansard roof, or the mean height level behveen eaves and ridge for hip, gable and gambrel roofs. (c) The height limits do not apply to spires, belfries, cupolas, flagpoles, antennas, vvater tanIcs, fire towers, cooling to'Ners, '/entilators, chimneys, radio and television tovvers, elevator hoist'Nays, not intended for human occupancy. (d) Buildings in existence or vvith appro'/ed construction permits or adopted Planned Unit Developments on or before the effective date of this amendment, may be completed, repaired or rebuilt to a height not to exceed the previously existing height, within the same building footprint, subject to any other applicable state, federal or locallav/s. The height limits are not intended to restrict or otherwise adversely affect a property owner's vested rights under constitutional, statutory or common la'll. If it is determined by a court of competent jurisdiction that a landowner has '/ested rights, the landovlTIer can elect to proceed '.vith de'/elopment under the Land Development Code in effect on the date of the adoption of this amendment. ( e) Those parts of any ordinances in conflict vlith this section are hereby repealed. This section becomes effective upon adoption. This amendment shall become effective immediately upon approval by the electors. 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: "Deletion of Thirty-Five Foot Building Height Restriction from City Charter. \~ Section 1.0I(a)(1) of the City Charter provides for a city-wide building height restriction of thirty-five (35) feet. The City Land Development Code provides for '1L certain building height restrictions according to zoning category. This Charter "7 amendment deletes the city-wide building height restriction from the City Charter. Struck through passages are deleted. Underlined passages are added. 20 I O-O-DRAFT Page 2 of5 Q The building height restrictions established by the City Land Development Code are not altered by this proposed Amendment. --?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, 2010, to determine whether the ballot question appearing 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 O 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. 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. Q Struek through passages are deleted. Underlined passages are added. 2010-0-DRAFT Page 3 of5 C) o o SECTION 7. INCLUSION IN THE CHARTER It is the intention of the City Council, and it is hereby ordained that the provisions of Sections 1 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 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 ofthis ordinance held on ,2010, was as follows: AYE NAY Mayor Mike Thomas Councilman Debra 1. Rogers Councilwoman Gigi Bennington Councilwoman Harriet B. Rhodes Councilman Ted Cooper Strnek through passages are deleted. Underlined passages are added. 20IO-O-DRAFT Page 4 of5 o 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. Stnwk through passages are deleted. Underlined passages are added. 2010-Q-DRAFT Page 5 of5