05-09-2008
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Charter Review Committee
May 9,2008
City Hall Conference Room
8:30 a.m.
MINUTES
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1. CALL TO ORDER
Chairman Lott called the meeting to order at 8:30 a.m. in the City Hall Conference Room.
2. ROLL CALL
Members present were, Pat Card, Ferd Heeb, Bob Lott, and Bob McIntosh, Scott Brown was excused. Also
present were Assistant City Attorney Mike Ciocchetti and City Clerk Bonnie Wenzel.
2. APPROV AL OF MINUTES - None at this time
3. CONTINUED DISCUSSION OF ELECTON CHANGES
Chairman Lott stated they have three scenarios and questions for the attorney to discuss. He would like to
land on one option and move forward. Mr. Heeb and Mr. Card agreed that one option was the best way to go.
Chairman Lott asked Assistant City Attorney Ciocchetti what he found in his research. Assistant City
Attorney Ciocchetti state he could find no Attorney General opinion on extending terms for future officials.
He suggested that the committee not go that route. He stated that he spoke with Ann McFall and she agreed,
that you should not extend the terms of future officials. He added that the alternate was to ask for an Attorney
General opinion.
Chairman Lott stated that you could extend the terms of the sitting Council by Ordinance, but he did not think
some of them would like that.
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Mr. Heeb stated he would like to fix everything. Chairman Lott stated they could adopt Florida Statutes and
Volusia County's schedule. Assistant City Attorney Ciocchetti stated he spoke with Ms. McFall about that
and she not only supports that option, but also recommends it. He added that the transition schedule would
have to be adjusted.
Mr. Card suggested taking Mr. Heeb's language with some minor changes. There was further discussion
regarding extending terms and how council could resign if they did not want the additional months in office.
If a Council members resigns, there is a provision in the Charter were the existing Council can appoint
someone during this time.
Mr. Heeb suggested having only one question on the ballot. Chairman Lott suggested getting Ms. McFall
involved. Mr. Heeb stated it would be a cost savings. He then stated that the sooner the changes are made,
the sooner there would be a better voter turnout. Chairman Lott stated so everyone was for even numbered
years, there was no problem with extending the existing terms, the only concern was that the voters may not
want the existing Council extended for another year and vote down the whole thing.
Chairman Lott stated they are going with: Extending the terms of the existing Council, with a provision that
they can opt out and resign; change to date of entering office from November to the first Monday in
December; utilize Volusia County's Canvassing Board; and adopt Florida Statutes and Volusia County's
voting schedule. He added that the attorney will clean up the language the Committee will look at it next
week.
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Assistant City Attorney Ciocchetti stated they could extend the terms of the seated Council by Ordinance and
since the Canvassing Board is not currently in the Charter changes could be made via Ordinance or
Resolution. Mr. Heeb stated he was informed by Ms. McFall that it is normally in the Charter and he would
like to see that. Assistant City Attorney Ciocchetti they could appoint Volusia County as the Canvassing
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Charter Review Committee
May 9,2008
City Hall Conference Room
8:30 a.m.
MINUTES
Board by Ordinance because it was not in the Charter and he did not see any reason to put it there. Mr. Heeb
stated because of the audit requirements and he would rather see it in the Charter. Chairman Lott stated
Referendum changes should be as simple and open as possible. Mr. Card stated he could not see any
problems arising out of using the County Canvassing Board. Both Chairman Lott and Mr. Card had no
problem putting this in the Charter.
Mr. Heeb moved that they recommend a Charter amendment for Section 3.04 as set forth in the
preliminary document prepared as amended by the Le2al department as approved, second by Mr.
Card.
MOTION Carried 4-0
Assistant City Attorney stated he will go over the document and if he had any questions he would contact
City Clerk Wenzel. Mr. Heeb asked if they could have the language at the next meeting, or before. Assistant
City Attorney Ciocchetti stated he would make the changes and put it in Ordinance form and provide to them
as soon as possible. He asked how they wanted to handle the Canvassing Board. Chairman Lott stated put it
in the Referendum. Mr. Card asked if everything was going on Referendum. Chairman Lott stated yes, put
everything to a vote.
Discussion ensued concerning the rest of the Charter. Mr. Heeb suggested reconvening after the summer.
Chairman Lott suggested they look over the rest of the Charter and discuss it in the fall. Mr. Heeb suggested
setting protocol for the rest of the Charter.
There being no further business to discuss, the meeting adjourned at 9:20 a.m.
Minutes respectfully submitted by:
Bonnie Wenzel, City Clerk
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