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05-02-2008 u o Q ~ Charter Review Committee May 2, 2008 City Hall Conference Room 8:30 a.m. MINUTES 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 Scott Brown, Pat Card, Ferd Heeb, Bob Lott, Bob Mcintosh. Also present were Paralegal Robin Matusick, Assistant City Attorney Mike Ciocchetti, Acting City Manager Tracey Barlow and City Clerk Bonnie Wenzel. 2. APPROVAL OF MINUTES -Apri/18, 2008 and Apri/21, 2008 MOTION bv Mr. McIntosh. second bv Mr. Heeb to approve the minutes of April 18. 2008 and April 21.2008 as presented. MOTION CARRIED 5-0 3. CONTINUED DISCUSSION OF ELECTON CHANGES Chairman Lott suggested having the regular election in 2009, for 5-year terms and educating, having an election in 2011 for 5-year terms, then the City would be on target for even year elections in 2014, and back to 4-year terms. Mr. Heeb stated that would be a cost of about $50,000 for two elections. Chairman Lott stated this would allow control of the transition. If the even year elections are voted down the City would be paying for every election. He added that the goal was to find a way to get where they need to be the easiest way possible. Assistant City Attorney Ciocchetti stated that terms could be extended without a Referendum. It could be done by Ordinance and this would be changing the election date. Chairman Lott stated he felt it would be cleaner ifthe change was made by Ordinance. Mr. Brown stated you could change the existing term by Ordinance. Assistant City Attorney Ciocchetti stated you could change the election date by Ordinance. Mr. Card stated that the real problem is that residents do not have confidence in Council. If this was changed by Ordinance it would press the credibility of Council. He asked if it was likely that people would not pass the Referendum to extend the terms. He stated it might pass if Council did not want to continue or resigned. He said it might be best long term to extend the terms for one year and move on, it would cost less. Chairman Lott asked the Committee if anyone has spoken to any of the Council. He stated that if Council voted to extend terms and make the transition to even years, they would be voting on someone else's term. He did not feel Council would vote on their own terms. Mr. Brown stated that the simple solution would be to vote on their own term. He stated he like the option they talked about at the last meeting. This was really about responsibility and leadership. Mr. Heeb asked Chairman Lott if he felt Council would vote on their own terms. Chairman Lott stated they would have to vote to take this to a Referendum and he did not feel they would do that. Mr. Heeb asked the group if they wanted to change from odd year to even year elections. M:\2008 Charter Review CornmiUee\5-02-08 minutes. doc ~ i...) Charter Review Committee May 2, 2008 City Hall Conference Room 8:30 a.m. MINUTES MOTION by Mr. Heeb. second by Mr. Card to chanl!e from odd to even year elections. MOTION CARRIED 5-0 Chairman Lott stated he believed this was in the best interest of the City long term. Mr. Heeb stated he spoke with Susan Wadsworth and she suggested to him they look at the date people take office. She recommended moving the date to the 1st Monday of December after the election. Chairman Lott stated they have to account for the 10-week period between the Primary and General Elections. Mr. Lott asked if they just adopted the Florida Statutes, would that solve the problem. Assistant City Attorney Ciocchetti stated he would have to look into that. Mr. Heeb stated that Ann McFall thought that would fix most of the problem, but does not set the Primary date. He stated that if we adopted the Statutes and they change the City would not have to do anything. Assistant City Attorney stated you could then follow Volusia County's election dates, he added that Ponce Inlet did that two years ago. He stated that V olusia County would ultimately handle the elections, and the canvassing. Mr. Heeb asked if the change to the Canvassing Board would be a Charter amendment or Ordinance. Assistant City Attorney Ciocchetti stated the Canvassing Board was not addressed in the Charter; therefore changes could be made by Resolution. Mr. Heeb stated he was in favor of making changes by Ordinance. Q Chairman Lott stated the Committee has three options at this point; Option I: The five year plan to bring the City to even year elections; Option 2: Adopting Florida Statutes and the V olusia County election schedule. Mr. McIntosh stated that Florida Statutes gives both options. Chairman Lott stated they have to decide where to go. Assistant City Attorney Ciocchetti suggested speaking with Ann McFall concerning Volusia County's schedule and Florida Statutes. Chairman Lott stated if we take that option. Mr. Brown felt extending the terms looked more favorable. Chairman Lott stated you could extend terms by changing the election date. Mr. Heeb suggested proposing the change from odd to even years by Ordinance. He stated that he drafted an amendment that covered everything and provided a copy to all present. This became Option 3. Mr. Card stated this option was precisely what they discussed at the last meeting. Mr. Heeb stated that Mrs. Wadsworth felt strongly about the Canvassing Board. Mr. Card asked if this change could take place by Ordinance. Assistant City Attorney Ciocchetti stated not all of it. Mr. Heeb felt they should fix it all and select Florida Statutes. Chairman Lott stated the change to the Canvassing Board might have to be by Referendum. (Assistant City Attorney Ciocchetti stated that to embed it into the Charter he felt it would). Chairman Lott asked they could make the change with Option 3 by Ordinance. Assistant City Attorney Ciocchetti stated his initial reaction would be that a Referendum is required because of the change of the date for future officials. He stated that the Attorney General's determination was for seated officials. Mr. Heeb stated that if they amend anything by Charter they should do it all. Chairman Lott stated that Council would not want to vote on extending their own terms and suggested the Committee members each speak to them. Q Chairman Lott then reiterated Option one and stated that would get to where Ms. McFall wants us to be in the least obstructive manner. Chairman Lott entertained a motion. Mr. Heeb stated he was not ready for that. M:\2008 Charter Review Committee\5-02-08 minutes. doc 2 ...; o '-J .-' Charter Review Committee May 2, 2008 City Hall Conference Room 8:30 a.m. MINUTES Chairman Lott stated his view on Council was that one would do what is best for the City, one would not vote to extend terms. He stated they are trying to get to even years with no one voting on extending their own term. He felt option one was the cleanest. Mr. Brown stated that there is precedent, should they be the first to' do it different. Chairman Lott then discussed Option 2, site Florida Statutes and elect Volusia County's election schedule. He thought a lot of problems would be solved with the exception of shortening or lengthening terms. Assistant City Attorney suggested asking Council their thoughts at the next meeting. Chairman Lott stated he felt there would be more problems with shortening terms rather than lengthening and asked for consensus. Everyone was in agreement to lengthen terms. The next question was to, with looking at Option 3, should they make the changes now or transition into it. Mr. Card asked if anyone has extended future terms. Assistant City Attorney stated by Referendum yes, by Ordinance he was unsure. He stated the issue was, can you extend terms by Ordinance. Florida Statute is silent on current or future terms. Mr. Heeb stated they should fix it by Ordinance if they can but it should get done. Chairman Lott stated the only problem he sees with Option I is that if it contested, it could be overturned. He added that the issue is even/odd years, then look at the rest of the Charter. He stated the cleanest way and to give the voter control is to take out what cannot be done by Ordinance and then fix the rest. Mr. Card stated they were charged to find the best practice, not the most political. He stated they should put it to a Referendum and if it is not passed then can go with Option 1 by Ordinance. Chairman Lott stated that could not hurt. Assistant City Attorney stated that you did not want one section to stop another; this may need to be more than one question. The next two meeting were scheduled for May 9,2008 at 8:30 a.m. and May 16,2008 at 8:30 a.m. Chairman Lott discussed the next meeting. He asked if they could adopt Florida Statutes and cover the canvassing board. Mr. Heeb asked how many of the issues would that resolve. Chairman Lott stated the Attorney General has opinions on future terms. Mr. Heeb stated he would like to see it cleaned up now. Chairman Lott stated they should be able to land on the option they want to go with at the next meeting and then touch up the language at the meeting on May 16. There being no further business to discuss, the meeting adjourned at 10:00 a.m. Minutes respectfully submitted by: Bonnie Wenzel, City Clerk M:\2008 Charter Review Committee\S-02-08 minutes.doc 3 '-> u Q ... SYf\\)i CITY OF EDGEW A TER 2008 CHARTER AMENDMENT SEC. 3.04. ELECTIONS AND TERMS; TERM LIMITS; TRANSITION RULES. (A) ELECTIONS AND TERMS. THE CITY OF EDGEW A TER HEREIN ELECTS TO ADOPT RULES FOR GENERAL ELECTIONS AS SETFORTH IN STATE OF FLORIDA STATUTES FOR VOLUSIA COUNTY. (1) THE FIRST REGULAR ELECTION OF THE CITY COUNCIL UNDER THIS AMENDMENT SHALL BE THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER 2010 FOR THE OFFICES OF THE MA YOR AND COUNCIL MEMBERS FROM DISTRICTS 1 AND 3 FOR A TERM OF FOUR (4) YEARS EXPIRING IN DECEMBER 2014. (2) THE SECOND REGULAR ELECTION UNDER THIS AMENDMENT SHALL BE THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER 2012 FOR THE OFFICES OF COUNCIL MEMBERS FROM DISTRICTS 2 AND 4 FOR A TERM OF FOUR (4) YEARS EXPIRING IN DECEMBER 2016. (3) TERMS OF OFFICE SHALL BEGIN ON THE FIRST MONDAY IN DECEMBER OF THE YEAR ELECTED. (B) TERM LIMITS. NO MEMBER OF THE CITY COUNCIL, INCLUDING THE MA YOR, SHALL SERVE MORE THAN TWO (2) COMPLETE CONSECUTIVE TERMS AND THE PORTION OF AN UNEXPIRED TERM OCCURRING BY REASON OF A VACANCY. <.J (C) PRIMARY ELECTIONS. IN FUTURE CITY ELECTIONS WHERE THERE ARE MORE THAN TWO CANDIDATES A PRIMARY ELECTION SHALL BE HELD ON THE TUESDA Y TEN (10) WEEKS PRIOR TO THE GENERAL ELECTION OR THE TIME SET BY THE VOLUSIA COUNTY SUPERVISOR OF ELECTIONS. THE TWO CANDIDATES WITH THE HIGHEST NUMBER OF VOTES WILL BE CANDIDATES IN THE GENERAL ELECTION; HOWEVER, IF A SINGLE CANDIDATE RECEIVES OVER 50 PERCENTOF THE VOTES CAST THAT PERSON SHALL BE ELECTED WITHOUT FURTHER CONTEST IN THE GENERAL ELECTION. (D) CANVASSING BOARD. EFFECTIVE WITH ELECTIONS OCCURRING IN 2010 AND THEREAFTER THE CITY APPOINTS THE '-J COUNTY CANVASSING BOARD TO CONDUCT ALL REQUIRED CANVASSING ACTIVITY. (E) TRANSITION RULES AND PROCEDURES REQUIRED FOR CHANGING FROM ODD YEAR ELECTIONS TO EVEN YEAR ELECTIONS SHALL BE AS FOLLOWS: (1) THE TERM OF OFFICE FOR THE MAYOR AND COUNCIL MEMBERS FROM DISTRICTS 2 AND 3 WHICH WOULD EXPIRE IN NOVEMBER 2009 SHALL BE EXTENDED UNTIL DECEMBER 2010. (2) THE TERM OF OFFICE FOR THE COUNCIL MEMBERS FROM DISTRICTS 1 AND 4 WHICH WOULD EXPIRE IN NOVEMBER 2011 SHALL BE EXTENDED UNTIL DECEMBER 2012. ~ (3) THIS 61 MONTH TERM WILL BE TREATED AS A SINGLE 2 (..) COMPLETE TERM FOR PURPOSES OF SECTION 3.04 (B) (4) IN THE EVENT THE MAYOR OR ANY COUNCIL MEMBER DECIDE THEY ARE UNWILLING TO SERVE THE ADDITIONAL 13 MONTHS REQUIRED BY THIS CHANGE FROM ODD TO EVEN ELECTION YEARS, THEY MAY RESIGN IN NOVEMBER 2009 OR 2011, AS THE CASE MAY BE, OR ANY TIME THEREAFTER,BUT BEFORE THE TIME FOR QUALIFYING FOR THE EXPIRATION OF THEIR TERM OF OFFICE. IN THIS EVENT THE MAYOR AND COUNCIL BY A VOTE OF THREE (3) OR MORE MEMBERS SHALL APPOINT A SUCCESSOR, WHO IS ELIGIBLE FOR THE OFFICE UNDER SECTION 3.03, TO FILL THE UNEXPIRED TERM. THIS PERIOD OF THE UNEXPIRED TERM SHALL NOT BE CONSIDERED A COMPLETE TERM FOR PURPOSES OF TERM LIMITS AS SETFORTH IN SECTION 3.04 (B). THIS PROCEDURE IS ONL Y APPLICABLE FOR VACANCIES DURING THE 13 MONTHS ADDED TO THE NORMAL FOUR (4) YEAR TERMS CREATED BY THE CHANGE FROM ODD TO EVEN YEAR ELECTIONS. THEREAFTER PROCEDURES FOR FILLING MAYOR OR COUNCIL VACANCIES SHALL BE AS SETFORTH IN SECTION 3.09 (D). Q v 3