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02-11-1991 - Workshop/Special " .. ...., CITY COUNCIL OF EDGEWATER WORKSHOP/SPECIAL MEETING FEBRUARY 11, 1991 MINUTES Mayor Tanya Wessler called the meeting to order at 7:00 p.m. in the Community Center for the purpose of discussing the proposed Charter. ROLL CALL Mayor Tanya Wessler Councilman Kirk Jones Councilperson Louise Martin Councilperson NoraJane Gillespie Councilman Michael Hays Interim City Attorney Nikki Clayton City Manager Elly Johnson City Clerk Susan Wadsworth Police Chief Lawrence Schumaker Present Present Present Present Present Present Present Present Present Mayor Wessler opened the meeting for Council discussion and stated the audience can raise their hands when they have opinions. She suggested they start at the beginning and work their way through. Council members agreed. Councilman Hays asked if they just address the contents of this proposed Charter or as it relates to the other Charter. Mayor Wessler said it can be anything they want instead of jumping back and forth. Section 1: Councilman Hays suggested they limit the amount of money the City can borrow based on the formula used in the present Charter or some similar formula with the amount borrowed to be based on a percent of tax revenues and define limits of bonds and limit bonds to assessed value of the City. He said under Section 1.02 they should look at a cap or ceiling on bond issues. Ms. Clayton said she's very reluctant to recommend tax or bond caps because to tie their hands without being able to foresee everything that could corne up is not a good structural design of government. Dominick Fazzone stated he was on the Charter Committee and what the counsel is telling them is what was told about 2 years ago and the section in the present Charter is obsolete and it's governed by State Statutes now. He added that back in 1982 it was given to them by an attorney and Ms. Clayton's doing it now. Councilman Hays pointed out his comments will be not only his personal comments but items brought to his attention by other people of the community. Section 3.01 - Councilman Hays stated it's now one Council member shall be elected from each of the four voting districts but in the near future with the census they may have changes in districts. He asked if they should address that if they have changes this would take effect in the next election as it will probably happen this year and maybe again in 5-10 years. Ms. Clayton stated redistricting usually handles it. There was discussion regarding how redistricting is handled. Councilperson Gillespie spoke on changes in her zone when the State finishes but that keeps her in zone 3 for the balance of the two years. She said where it says they would have to leave office if they don't live in that district is not clear. Ms. Clayton asked if districts are drawn based on precinct lines every 10 years so as they adjust the precincts they know where population is. Mrs. Wadsworth replied yes. Section 3.02 - Mayor Wessler stated she has a problem with someone living in the City 20 years and moving four streets over and not being able to qualify because of the 6 months clause and two years in the City should be the only requirement. Ms. Clayton stated a recent case of the Supreme Court says you don1t have to live in the district to qualify as a candidate, but you must live in the district on the day of the election or the day you're elected. She said the issue is whether you want commissioners elected at large or from a district, if they want single member district or multi member district, or a variation. She said if they want to change the current situation, what they want to change should be specified. She said currently they have a Council member who lives in a district and represents that district but is elected at large and that may be the most appropriate way to continue and they may only want to deal with residency requirements. Mayor Wessler said take out 6 months and have 2 years qualification time. No Council member objected. '-'" ..",., Doris Hill asked if they can live anywhere in the City as long as they move to where they're supposed to be representing when they're elected and if they'll tell them they have to move after they're elected. Mayor Wessler explained they have to live in the City 2 years, and as you take out papers you have to be in that zone. Ms. Clayton stated the Supreme Court said that's not necessary, all they have to have is a candidate who will live once elected in the district and you cannot require them to live in the district to qualify. There was further discussion regarding residency requirements. Ms. Clayton said they want the candidate in order to qualify to live in that district and the case is whether they can do it with the local election or if they can provide it in the Charter. Mrs. Wadsworth asked if they want to leave lIand must live within the district they represent II and take out the rest. Councilperson Gillespie asked if they want it at time of qualifying. Mayor Wess ler replied prior. Councilman Jones said prior to qualifying. Councilman Hays said when they submit their qualifying papers they must be a resident. Giai Benninaton suggested it be after IIrepresentll. Ms. Clayton said language would be at the time of qualification because the term prior is unclear. Section 3.03 - Council discussed having limits to the term of office and the time newly elected people should be sworn in. Councilman Hays recommended a limit of 2 terms of office. Councilman Jones and Mayor Wessler said they didn't like it. Mayor Wessler noted Port Orange has the best Mayor they ever had and they're losing her this year because of their limit. She asked if they want the Charter to have options, which she's opposed to. Councilman Hays replied no. Ms. Clayton stated if they want a true Charter revision they'll do the whole document, and if there are a few important points they may decide to revise the entire Charter or only those pieces. She said it's very important to take discreet changes one at a time so voters don't get confused and they understand how it all fits together. Councilperson Gillespie stated this is a whole Charter they're working on and she wants back in the right to recall by the citizens because if they put her in, they should have full right of recall to throw her out. Councilman Jones suggested Council should just address areas of concern. Norman Billups, 1868 Pine Tree, stated for 4 years this was under reconstruction and he doesn't see a strong Code of Ethics for this City in this. Mr. Billups said a City without a strong Code of Ethics is like a ship without a rudder, and he still sees terms of office and it was eliminated in the last Charter Review meetings. Mayor Wessler said they'll make changes when they get to it. Mayor Wessler asked if anything stops them from taking office the following Monday after election on Tuesday with 2-year terms. She noted they were elected on the 6th and didn't take office until the 26th and she feels they should take office as quickly as possible. Councilperson Gillespie said there's a conflict and she went to the State on it. Councilperson Gillespie said it's Sections 7, 18, and 19 in the Charter and they were certified at 4 p.m. the day after election and the other section says the 4th Monday and it left two lame duck meetings. Councilman Hays asked if it could say term of office shall begin the first Wednesday after election and Council shall be sworn in at a special meeting then with the next regular meeting to be the following week. There was further discussion regarding the date for seating the new Council and lame duck meetings the way it's set now. Ms. Clayton said she'll check to make sure there's nothing that prohibits it but she understands the first Monday after the Tuesday election you have new Council members seated whether or not that's a regular meeting. Monty McMullen, Edgewater Landing, stated they'd said the public could remove a Council member but they didn't say how and they need wording because usually a petition is to be signed. He said if they make it a small number they could cause money to be spent for an election for a small amount of people. Ms. Clayton said State Statutes provides manner of recall and it's been on the books for a long time. She suggested they may want to bring back the recall Statute and if it's okay, that's fine, or it can be other standards. Section 3.04 - Councilman Hays said they may want to change numbers in the future but they may want to add if Council chooses to increase the rate, it will take affect after the next election, and they wouldn't be giving themselves raises if they felt the position deserves more compensation. Mayor Wessler asked if they need a Charter change every time. Councilperson Gillespie said salary was reset by ordinance. Mary Martin said you cannot change the Charter by ordinance. 2 Council Workshop/Special Meeting February 11, 1991 '-'" ...., Councilperson Gillespie stated yes, you can. Ms. Clayton stated the Charter enabled them to set compensation by ordinance and this change is to establish compensation within the Charter, which means you'd have to go to referendum every time you want to change compensation. She added if they want Council to regulate compensation, they should say "compensation shall be as established by Council from time to time" and set up standards and then add to it that you can change it not for incumbents but for Counc il members after the elect i on. Counc il discussed dollar values and the Consumer Price Index and Mayor Wessler said they're better off with no salary in there and go by Consumer Price Index. Dominick Fazzone said the Charter Review Committee said they'd let Council set salaries and also go with Consumer Price Index and the citizens persuaded the Committee to do away with it and that's what they did. Mayor Wessler asked if they have a problem with taking dollar figures out and set salary by ordinance in an election year to take effect after election. Councilperson Gillespie noted if they ran again, it would benefit them. Section 3.05 - Councilperson Gillespie said she wants Acting Mayor back in as it is now because there are times when it's necessary. Councilman Hays pointed out if the Mayor and Vice Mayor are not present, you don1t have a meeting. Councilperson Gillespie said it's for other duties also and you can have two absent and still have a quorum with three. Mayor Wessler stated most Charters have just Mayor and Vice Mayor. Councilperson Gillespie asked if they1d elect a Chairman for the evening if the Mayor and Vice Mayor were gone. Ms. Clayton asked if it's someone elected by Council. Councilperson Gillespie replied yes, every November for one year. Councilman Hays asked if it needs to be in the Charter. Ms. Clayton rep 1 i ed the Charter wi 11 set long range goa 1 sand conceptualization of the City and they have Home Rule Powers and so long as the Charter doesn't limit or restrict, they can do almost anything they like by ordinance or resolution. She said the Charter shouldn't be so particular in detail that they have to go back to the voters for changing details. Mr. Johnson noted some cities adopt a resolution on an annual basis and there1s a Mayor and Vice Mayor and then a line of succession in case of disaster. Councilperson Gillespie and Mayor Wessler stated they liked that. Mayor Wessler asked if they have to spell out duties of the Mayor in the Charter. Ms. Clayton explained there are several types of City government, there's a City Council/weak Mayor, City Council/strong Mayor, and City Council/City Manager, and they're a hybrid and are not exactly a City Manager or strong Mayor. She asked Mr. Fazzone if they talked about various forms of government and if they decided to continue the situation as it exists or modify the powers of the Mayor and City Manager. Mr. Fazzone replied they discussed it and about 4 years ago the City 3-1 went for City Manager form of government and they felt strongly because they were given a mandate by the people to have a strong City Manager form of government. He explained that was their aim in the Charter but it was supposed to be City Manager is the president of the corporation and the Council was the legislative body and whatever they say, he'll carry out their policies. Councilperson Gillespie said they're the executive section. Mayor Wessler asked to research her question and bring it back. Ms. Clayton explained the existing Charter is more specific about duties of the Mayor but she sees this more of an expansion of powers of Mayor because it has no limitations. Mayor Wessler asked if there's something about when the Vice Mayor is elected. Giai Benninaton replied it's the first regular meeting after election. Section 3.06 - There were no comments on this section. Section 3.07 - Councilperson Gillespie stated wording in item c regarding interference with administration bothers her and she read the definition of administration. Doris Hill, Lincoln Road, said under 3.06 all legislative duties are with the Council, and that's not executive. Councilperson Gillespie stated they're the executive branch. Councilperson Gillespie and Mrs. Hill continued discussing who the City Manager answers to. Ms. Clayton explained at the Federal and State levels they have three branches of government but when they get to City and County it's not so clear because elected Councilmembers are legislative, executive, and judicial and they exercise quasijudicial, legislative and executive functions. She said with the City Manager they assign execution of their policies and it could be a little more specific, not necessarily in the Charter, but each Council should have ability to establish its working relations with the City Manager within some broad framework they have. 3 Council Workshop/Special Meeting February 11, 1991 "-' ..,.. Councilperson Martin stated section 9.A. has duties of the City Manager and the Council appoints by ordinance so they were elected to choose their administrative staff. Councilperson Gillespie said she used to address Mr. Johnson as City Administrator and he is the City Manager and they set the pol icy and he interprets or moves forward with the policy with full authority from them. Ms. Clayton explained the distinction between management and administration with administration more ministerial duties where there's not a lot of discretion, management is duties established where discretion is required, and executive capacity is wide discretion. She said administration would be people who report to Mr. Johnson, management wou 1 d be Mr. Johnson and he a 1 so performs some executive functions, but Council is the City's executive body in general terms. Councilperson Gillespie said she'd like to see examples of how they define it elsewhere. Mr. Johnson stated the point is the title is not administrator, and most Charters with City Manager form of government have this wording, the point is how they wanted it to appear from now on and not the individual. He added regarding administration, there are limitations they set in ordinances and regulations that he lives with and if he's doing a project and it comes to a certain dollar value, he knows he has to come to Council but certain things he can handle on his own. Marv Martin, 12 Woodlake, Port Orange, stated she was in Edgewater and worked with the Charter. She explained the term interference with the administration was from the sample municipal Charter and they talked about the Mayor should have no administrative duties but maybe when they get to c. interference, they could put administrative duties there. She said the wording was used from the model Charter and article 4 talked about administrative also. Norm Billups said he's not seen a single bill submitted to Council by the City Manager for review and authorization of payment. He said they owe it in the Sunshine to the people to have the bills monthly or semi monthly. Councilman Hays stated each month Mr. Munoz gives them a computer print out of every penny that came in and went out, and he's not sure of his point. Mr. Billups said it should be read so the public knows in the Sunshine what money's being spent. Mayor Wessler explained they get an entire warrant list every week and big items have to come before Council. Mrs. Wadsworth stated it's posted. Mr. Johnson explained in the old days every bill was brought to Council for approval before it was paid and prior Councils eliminated it and now they get a copy on a weekly basis of warrants. Council person Gillespie asked if it was on the consent agenda. Mr. Johnson replied no. Mayor Wessler explained that Mrs. Wadsworth said it was called bills and accounts and it would take a long time to go through the process and he has to have faith in Council they're looking at their papers. Mr. Billups said he can see it with the new technology of computers. Jake Lodico, 302 N. Riverside Drive, stated he favored a Manager and was under the impression Council should not individually tell the City Manager what to do as he works at the will of Council and they hire him to run the City and Council would say yes or no. He asked that they keep it simple. Mayor Wessler said that's how they work it now and nothing's changed unless it comes before Council. Dominick Fazzone said he has a copy of the model City Charter and interference with the administration is what both the legal attorney and Mr. Johnson told them and it's word for word what 30 other cities have in their Charter and Ms. Clayton could borrow it. Councilman Hays asked about part c regarding dealing with employees, and if a department head approaches him and says he wants to talk to him, can he speak to him or deal with him. Ms. Clayton replied she read that it's to be through the City Manager to coordinate efforts. Counci lman Hays suggested it state II initiate dealings..1I Ms. Clayton stated if she can come up with a more specific word, she'll propose it. Mr. Johnson stated wording is that way not to create a problem if you need someone on staff, but because of philosophy of playing politics. Mayor Wessler said during election they were approached by City employees who said they're not allowed to deal with them one on one and she's been told that since she was elected. Mr. Johnson stated he hasn't done that and helll tell a department head if there's a problem or something that needs to be discussed with him, he'd expect them to tell the Mayor or Council that they'd appreciate it if they discuss it with the Manager. Councilperson Gillespie said it's a matter of courtesy to let him know but if someone calls and says they want to have lunch and not let him know, that's not a problem. Mr. Johnson said he has a problem under the City Manager form of government and 4 Council Workshop/Special'Meeting February 11, 1991 ....... ., he doesn't think itls appropriate for staff to do that, and if they have a problem and he cannot address it, he'll bring a staff member in and it could be a problem with one Department Head having lunch with one of the Council members. Ms. Clayton asked if they want a separate recall petition section. Mr. Johnson said most cities don't have a section spelling out recall, most say it shall follow the Florida Statutes in relation to recall because Statutes can change on a periodic basis. Councilperson Gillespie said she doesn't want it spelled out completely. Ms. Clayton stated it's Constitutional but not one that exists under the Charter unless it's specific and when you draft the Charter you authorize within the Charter or with reference to other standards for recall and initiating petition is something they may want to get into in a more particular way and they need to address how many should circulate the petition. Councilman Hays asked if it covers right to petition. Marv Martin said administrative section 4.08, standards of conduct, addresses most of what they're talking about and where it's in the Statutes. Councilperson Gillespie stated if they don't say the method of recall they don't know what it means. Councilperson Gillespie said she'd like it further clarified. Giai Benninaton, 121 Virginia Street, said she was Chairman, and 3.08, vacancies, is "or removal from office in any manner authorized by law,.." could be by recall in that section but it covers that also and that was the Committee's intent. Forfeiture of office was discussed. Counci 1 discussed excused and unexcused absences and convalescent time for absences. Councilperson Gillespie noted they can work at home even though they're not physically able to attend. Mayor Wessler stated they cannot do the job they were elected to do and that's to vote on ordinances and resolutions. Council person Gillespie asked the standard procedure if they wou 1 d need surgery. Ms. Clayton sa i d it IS 3 consecut i ve meetings without being excused. Councilman Hays asked if it's excused by Council. Ms. Clayton replied yes, and they'd have a resolution or something of what would constitute an excuse for absence. Councilman Hays stated they can't have people hide from their obligation. Councilman Jones stated it's unexcused and is self-explanatory. Ms. Clayton reviewed some possible instances for absences. She said they need to look at reasonable amounts and reasons for limiting the number of excused absences that would constitute forfeiture. Mayor Wessler stated there are 24 regular meetings a year and she allows 1 week in the summer and 1 in the winter for vacation and that would be two unexcused. Councilperson Gillespie said she has no problem with two unexcused by Council. Councilman Jones said he doesn't see anything wrong with 3 unexcused and they could work something out to set a time period, but he doesn't want to restrict them. Councilman Hays stated they should look at the excused per event as something unforeseen could happen and only unexcused should be addressed. Mayor Wessler asked how many unexcused. Councilman Hays replied 3. Councilperson Martin stated she doesn't think it's fair to the City or fellow Council members to vote on issues where someone else cannot be present and take responsibility for that issue without their input. Mayor Wessler said if they have 3 unexcused, and then if they break their leg they may be allowing for extended leave and 3 consecutive is a lot. Mayor Wessler asked if they want 3 unexcused. Councilperson Gillespie replied yes and they could bring it forward to Council. Mrs. Benninaton said Councilperson Gillespie has a point and it's excused by Council and Council can determine at any time if it's excused or not. An unidentified member of the audience stated it should apply to all boards and committees. Councilperson Martin agreed as excused absences don't help boards. Mayor Wessler said she hates to see people get paid if they don't show up at meetings. Ms. Clayton noted they have consecutive meetings, unexcused and excused meetings, and the way it is now, 3 consecutive unexcused meetings causes a forfeit. She said they can change that to 3 unexcused in a year or 2 consecu- tive unexcused or it can be very complicated. Councilman Hays asked if they're addressing just regular meetings, as he was thinking of 3, whether one this month or one later and not the word consecutive, because it's excessive. Councilperson Gillespie and Mayor Wessler asked to go with higher standards. Councilman Jones asked about meetings in between. Councilperson Gillespie said Mr. Johnson and Planning Department have been working on the absentee problem with committees. Councilman Jones stated with advisory boards it's 3 consecutive unexcused. Mr. Johnson said some are different. 5 Council Workshop/Special Meeting February 11, 1991 '-" ...,., Section 3.08 - Councilperson Gi llespie stated that I s standard procedure for vacancies with the time limit. Mayor Wessler called a recess at 8:35 p.m. and called the meeting back to order at 8:44 p.m. Section 3.09 - Councilperson Gillespie asked if they're supposed to have Roberts Rules apply in b. Mayor Wessler asked if they can set rules by ordinance instead of in the Charter. Ms. Clayton said they may come up with something better than Roberts. Mayor Wessler said regarding citizen comments, New Smyrna Beach has it throughout the meetings and if you have something to talk about on the agenda, you talk at that time and she doesn't like this in the beginning because it ties you in. Ms. Clayton pointed out it says the agenda shall include citizen comments and you could say IIduring the meetingll and strike the balance because sometimes you may want comments to begin with, sometimes throughout, or the end, and they could say they'll provide citizen comments and set it on the agenda and be able to adjust it without going to referendum. Mary Martin stated this was one of the things that possibly caused the most furor. She reviewed previous locations on the agendas over the years and said as long as the community's small, citizen comments throughout is okay, but if they have a lot of business they'll be here until very late. Mayor Wessler said when they get big enough to eliminate people talking, theylll have a new Charter. Mrs. Martin referred to the lateness of the last meeting. Georae Ewina. Royal Palm, said they have to be very careful with this because he had a lot of problems with it and in two years they may not be here and it specifically says Council shall determine their own rules and order of business and the next Council can say they'll cut out all citizen comments. He stated he'd rather have it in the Charter because it cannot be changed. Mayor Wessler asked if a new Council could cut citizen comments out. Ms. Clayton replied they could make it so intimidating so they chill the desire of citizens to stand up and make comments at all. Mr. Ewing stated previously it was at the end of the meeting and if something is coming up on the agenda, they want to talk about it because they may be able to sway Council to vote another way, and they could comment at the beginning and in the end after first readings. Ms. Clayton asked if on each specific item they ask for comments from citizens. Mayor Wessler replied normally they do. Mr. Ewing state previous Council didn't and on first reading and other items you couldn't say one word. Ms. Clayton said they could have general comments at the beginning limited to a certain amount of time, provide for comments from citizens on all items on the agenda subject to time limitations and subject to Mayor and Council prerogative, and then general comments at the end. Mayor Wessler said at the beginning would be for other than agenda items, then during the meeting they'd be able to talk, and then comments at the end. Mr. Ewing stated helll look at it when it1s revised. Mayor Wessler said during agenda items, they can speak on that item after Council discusses it and the other is items not on the agenda. Mr. Ewi ng asked if someone has an unexcused absence they don't get pa i d. Councilperson Gillespie said she was going to ask the attorney if it was legal to not get paid. Ms. Clayton said the amount they receive they attribute to attending meetings and they'd have to decide how much each meeting's worth. Mayor Wessler said there are 24 meetings but they1d have to decide at what point they want to take money away. Councilman Hays stated all unexcused. Mayor Wessler suggested all unexcused absences take away half of your month's pay. Councilperson Gillespie suggested a forfeiture fine for unexcused. Councilman Jones pointed out special is just as important as regular and it1s still their job. Mayor Wessler suggested perhaps a penalty if they miss a meeting. Ms. Clayton explained calculations to determine what each unexcused absence is worth. She stated some have other duties than Council meetings and those things should be set aside and there should be some recognition of the value of those. Mayor Wessler asked Ms. Clayton to figure that up and let her know. Mayor Wessler said on meetings IICouncil shall meet regularly at least once every month. . II and II spec i a 1 may be ca 11 ed by the Mayor and Vice Mayor and Act i ng Mayor or majority of members upon no less than 24 hours noticell, what about a natural disaster. Councilperson Gillespie pointed out it says IIwhenever practical" and she likes the majority of members because some years the Mayor or Vice Mayor wouldn't call a meeting. 6 Council Workshop/Special Meeting February 11, 1991 ~ ...." Section 3.10 - There were no comments. Section 4.01 - Mayor Wessler suggested his contract be renewed and no Council can make a contract with any employee, Manager or Attorney, beyond January of an election. She explained if they're newly elected they can work 2-1/2 months and make their decision and not have to end up paying the amount they had to pay the City Attorney. Councilperson Gillespie said it would be at that level and the City Clerk. Ms. Clayton said if they have two years without staggered terms they can have a period of instability because they have a continuing revolving door in which you end up with 5 new members every 2 years and generally they're going to need some historic continuity. She said in recruiting a City Manager or City Attorney they want to get the very best professional candidates they can and they'd like to see some form of protection from politics because in theory their jobs are supposed to be free of politics. Councilperson Gillespie asked about binding their hands as there are certain positions they should have the right to review the contract and if things aren't right, they can terminate. Mayor Wessler said they can review contracts any time and they don't need it in the Charter. Ms. Clayton spoke on the contract that protected the City Attorney. Mr. Johnson stated they'll find most contracts for City Manager or County Manager are a minimum of 3 years and he doesn't know how they'll work out the 2 year election clause and the reason for the severance clause is if they're unhappy and want to terminate. Mayor Wessler stated they didn't say it would stay at 2-year terms, it's just renewed after election. Mr. Johnson stated they'll have a hard time finding a City Manager who will accept a one year contract. Mayor Wessler said most places where she worked they got 2 weeks severance pay and they're basically paying out 2 peoples salaries and she doesn't want to be elected to office and then held hostage because for 2 years she can be going one direction and the City Manager or City Attorney is going the other direction and they're stuck with it because it's going to cost $30,000 to get out of it. She asked Ms. Clayton to work out ways to not be held hostage. Mr. Ewinq stated the lawyer said to have a unilateral contract and nobody should be able to draft a contract like that. Tom Sheridan, Florida Shores, stated the City Managers think they have to have a contract and why don't they go to an incentive for a contractual employee and if he earns the money, he gets it and if not, he hits the bricks. Mr. Johnson stated under Florida Statutes you cannot give incentive or bonuses and his ethics would not allow him to do that. Mr. Sheridan said it seems like a fair way to do business and it's the job that gets it. Mr. Johnson said you get a salary and then a bonus. Mr. Sheridan said it's different by being a professional and having good managerial skills. Section 4.02 - Councilperson Gillespie stated she likes that. Section 4.03 - Councilperson Gillespie asked if that's pretty standard. Mayor Wessler asked if it has to state she's under direct supervision of Council. There was discussion regarding the Councilor City Manager doing the City Clerk's evaluation. Mr. Johnson suggested the City Manager could prepare the evaluation prior to October 1 and give it to Council for review. Councilman Hays suggested they have input on that since they work with Mrs. Wadsworth on a daily basis. Mr. Johnson said he has no problem with that. Marv Martin said on the last portion of this it says 1I..shall have other responsibilities as provided by general law and by ordinance or resolutionooll and it appears instead of being part of the Charter it would be in the ordinance. Mr. Johnson suggested they cons i der th i s because she superv i ses regu 1 ar emp 1 oyees under the City Manager's supervision and functions as a department head. He added the City Manager can prepare the evaluation and submit it to Council two weeks before October 1st each year and it would be fair to her or whoever's in the position. Councilperson Gillespie agreed it would be fair. Mr. McMullen questioned wording in the next to the last sentence that has IIshall be the official custodian of public records, elections clerkll. Councilperson Gillespie said it should be "andll elections clerk. Ms. Clayton stated the evaluation and designation of the job descriptions in ordinance may be a better place to put it and they could provide when they do the Charter and look at the job descriptions and organizational charts and they could fix duties and evaluation process. No Council member expressed objection. 7 Council Workshop/Special Meeting February 11, 1991 ...... ..... Section 4.04 - Mayor Wessler stated she feels the same way about a contract not holding them hostage. Ms. Clayton stated she can provide certain generic contract forms to use as a guideline to evaluate other contracts submitted and it wou 1 d not be un i 1 atera 1. Counc ilman Jones sa i d they need to go over the contract and they shouldn't have a City Attorney draw up his own contract. He suggested a group or screening committee or professional attorney go over this and help them. Councilperson Gillespie pointed out they can request outside legal review of the contract and both parties should be protected equally. Ms. Clayton agreed. Councilperson Gillespie stated she'd like this to say lithe City Attorney shall be a lawyer admitted to and having the authority to practice in all courts of the State". Ms. Clayton explained in terms of qualification for a professional they're accredited to practice by the Florida Bar and the people could take that right away from the Bar to regulate itself. She said if they put in the Charter that they have to be accredited by the Florida Bar and there' s a change in procedure, then they're stuck. She added the suggestion made earlier applies here to put that in an ordinance describing more fully the job description. Section 4.05 - Councilperson Gillespie asked if it's a change in the current Merit Board By-Laws. Mr. Fazzone stated it's different than what it was and it says two appointed by Council, two by employees from rank and file, and the fifth by the four and they would have something not rigged by Councilor the workers and it was for balance. Mrs. Martin pointed out that was recommended by the Merit Board. Mr. Fazzone stated in creation of the Charter they met with different boards but the Merit Board didn't suggest the fifth member, that was by someone else, and they felt it would create a neutral board. Mr. Tom Sheridan stated "all appointments and promotions of City employees shall be made solely on the basis of merit, fitness, and demonstrated ability" and he sees nothing about safety and thatls very important and should be included. He said if they have a compensable injury or fatality, with self-insurance they're responsible, and it could cost a lot of money. Mr. Johnson explained as part of the hiring procedure when an employee applies and is selected, they have a workers comp check done, and they have a safety program and the Cityls been cited by the League of Cities for several years for an excellent safety program. Councilperson Gillespie asked if he's covering safety performance in the term fitness. Mr. Johnson replied yes. Mr. Sheridan stated it doesnlt say that. Councilman Jones asked if an employee violates a safety regulation, would it be put on his evaluation, such as wearing a hard hat. Mr. Johnson replied he could be cited for a violation but that's still grievable, and they have regular safety meetings and training sessions for these employees and people who handle workers comp and other programs with lectures, and it depends on the type of offense if it's dismissal. Mr. McMullen asked about residency, as Mr. Jones works in New Smyrna Beach and lives in Edgewater, and if 10 years from now he'd be a department head and New Smyrna Beach has the law, he'd have to move from Edgewater to New Smyrna Beach. He asked if Florida has a law that you have to right to say who gets a job has to live in your City. Ms. Clayton replied she doesnlt know about how long they can keep the residency requirement in effect but shelll look it up, and if the point is Mr. Jones would have to move to New Smyrna Beach and if he still were a Council member, he'd have to forfeit. Mayor Wessler said held have to make a decision. Mr. Johnson stated there are some Federal cases and several cities have tried it and it was thrown out. He added when he interviews a department head, he tells him he understands he'll live in the City and if he doesn't want to live here, he'll consider that when he looks at his qualifications. He pointed out it's never been challenged here because it was done by referendum the people wanted. There was brief continued discussion regarding residency. Ms. Clayton stated concern with safety is when she reviewed the personnel rules that safety was an element of performance and it would fit under fitness or demonstrated ability so that safety is implicit in the standards that an employee is able to maintain his job. Mr. Sheridan disagreed with her. Mr. Johnson stated they'll get a recommendation with revised personnel rules and regulations and they had a committee of two from each department involved in the rewriting. He said it went through the Merit board and the union is looking at it now and safety's in that. Mr. Sheridan asked Mr. Johnson if held reviewed the accident prevention and safety program that was accepted by the City Council in 1965. Mr. Johnson said whatls in effect at the present time is what the City was 8 Council Workshop/Special Meeting February 11, 1991 "w' ~ commended for because of excellence of the program. Mr. Sheridan stated the program was accepted by reso 1 ut i on and the reso 1 ut i on wasn I t resc i nded and everything there should be followed and it1s not being followed. Mayor Wessler stated she'll ask Ms. Clayton to look at it and most resolution are written so that when you adopt a new one, you throw out the other one. Mayor Wessler asked Mrs. Wadsworth to look into it for Ms. Clayton. Georoe Ewino stated in the second paragraph he'd suggest adding under probation period "and be a registered voter". Councilman Jones stated it's a Constitutional issue. Mr. Ewi ng disagreed. Ms. Clayton referred to mandatory vot i ng in Australia but this country has an obsession of everyone being free from someone telling them what to do. She said if they were to put required registered voter to qualify for work, they'd be into a Constitutional question of freedom of the individual and the additional problem is they may employ people who are not qualified to vote such as people on a green card who are legally here but are not citizens of this country. Mr. Ewing stated they're just talking about the City Manager and all department heads and not the average worker. Mayor Wessler pointed out some Jehovah Witnesses don't vote and she doesn1t think they can enforce that requ irement but they can encourage it. Mr. Ewing asked if the lawyer agrees with that. Ms. Clayton replied yes. Mr. Ewing questioned that. Section 4.06 - Councilman Hays stated several people called him about board members being residents of the City and other comments were that appointed board members be registered voters. Council discussed the prior Screening Board's activities. Mayor Wessler said they have a lot of people to do their job for them and a lot of boards and she doesn1t feel they need another one, and if they're going to appoint someone, Council should screen them. Councilman Hays stated they have an advisory board that can assist with this and they can get too many boards. Counc ilman Jones referred to comments from some peop le who were interviewed by the previous Screening Board and were offended by questions they d i dn 't th i nk they shou 1 d have been asked. He agreed they shou 1 d make the decision instead of putting it off on someone else. Mr. Johnson reviewed how some cities take applications and to be considered you have to be present at a workshop held every 2 months and then Council makes a decision. Mayor Wessler expressed concern about frequency of workshops. Council further discussed this, then Mayor Wessler stated Screening Board is out. Mr. Sheridan stated Councilman Jones made an allegation that the Screening Board didn't work. Councilperson Gillespie noted she'd been told that. Mr. Sheridan stated they had 5 members and made recommendations to Council without political or personal consideration and every person that came in was treated equally. There was brief discussion regarding the former Screening Board. Mayor Wessler said the Screening Board is out and she hopes Council will do a good job of screening. Mr. Sheridan stated there are 8 to 10 to appoint now and they're not doing anything about it. Mayor Wessler explained they're doing it Wednesday night and didn't have enough applications to appoint people. Mr. Sheridan stated they had more applications than they needed when they had a Screening Board. Mayor Wessler said they're not as involved in government these days. Mr. Fazzone stated the Screening Board was created to take appointments out of the political arena and they had 5 people on that board chosen by each of the Council members and they served about 1-1/2 years and then Council got political and disbanded it. He noted some Council members came before the Board and he was a member of that Board. He added it wasn1t political or personal and they chose the best people and the final responsibility goes to Council. He referred to past numbers of applications received and residency requirement problems. Mayor Wessler stated if they find the numbers are getting to 25 or 30 they could set a Screen i ng Board by reso 1 ut i on. Mr. F azzone stated it wi 11 be just as effective if set by resolution and Councilperson Martin agreed. Charles Clark, India Palm, stated they're getting into detail that should be handled by someone else, such as the City Clerk's evaluation, and let it be handled by administration and they'll have a better perspective and fresher view. Jake Lodico stated he likes picking 2 from here, 2 from there, etc. He referred to previous construction on Riverside Drive and said they shouldn1t have all builders on a board. Mayor Wessler noted no board has all builders. Mr. Lodico asked Council to move the podium for better view. 9 Council Workshop/Special Meeting February 11, 1991 .... ....., Section 4.07 - There were no comments. Section 4.08 - Councilperson Gillespie asked if they can address the ethics by number. Ms. Clayton replied she doesn't know if it can get more detailed than the Code of Ethics in the Statute, but if there were particular items from persona 1 ex per i ence they cou 1 d put that in another Code, such as personne 1 procedures and job descriptions are adopted. Councilperson Gillespie asked if they could write a booklet on ethics for the City Council. Ms. Clayton indicated yes, if they can think of a way to improve on Florida Statutes. Sections 5.01 and 5.02 - There were no comments. Section 5.03 (5) - Mayor Wessler asked if it should say 25 registered voters' signatures instead of 25 signatures. Councilman Jones and Councilperson Gillespie agreed it should be specific. Sections 5.04. 5.05. 6.01. 6.02. 6.03 - There were no comments. Council person Gillespie asked the City Attorney for information on if they should address a sinking fund that's on page 31 of the old Charter and on page 41 under 109 they have care of public lands. Section 6.04 - There were no comments. Councilman Hays stated held like to see a health officer in the Charter. Mr. Johnson explained under State Statutes Health Departments are controlled by HRS by the County and all duties would be assigned to the County and the City doesn't have a health department. Ms. Clayton said she thinks all cities will use a single medical examiner and that's designated by the County and if a health officer does anything else special for the City they could create it on their own. Councilman Hays stated some cities have a physician that provide firemen's phys i ca 1 sand i nocu 1 at ions. Mr. Johnson noted they have three doctors for employee physicals and drug testing and they do it by internal contract now. Ms. Clayton explained she's not sure they want to venture into a City public health service to its citizens, they rely for public health purposes on the County Health unit and those are handled with branch offices, and physicals and other items donlt need to be in the Charter. Councilperson Gillespie stated they'd promised to bring it up to volunteer for drug tests for Council if the public wants it. Ms. Clayton said she doesn't know if they want it in the Charter. Mr. Johnson stated it's not voluntary for the rest of the people who work for the City. Section 6.05 - Each Council member reviewed reasons for choice of terms. Councilman Jones favored two year staggered; Council person Martin favored straight two year terms; Councilperson Gillespie wanted straight two year terms; Councilman Hays favored straight two year terms; and Mayor Wessler favored option 3. She stated it will be option 3 or straight 2 year terms. Council then reviewed limits of office. Councilperson Gillespie said she favors limitation; Councilman Hays favored 2 terms; Councilman Jones said if someone's doing a good job they're tying their hands; Councilperson Martin favored no limit. Mr. Fazzone stated they discussed this at Charter meetings and some citizens didn't want to give people a choice and wanted it strictly 2 years and no choice. He said if they do stagger terms they have a problem with certain districts will run with 3 in one year and 2 the other year and it will be a pattern with the same people going out each time. Councilman Hays stated part of that problem is they're elected at large and sometimes you have more of a district turn out. Councilperson Gillespie stated theylll put two things on the ballot, as is, or staggered 3 years. Ms. Clayton asked why they selected 3 years opposed to 4 years. Mr. Fazzone said they started with 2, 3, and 4 but with citizens input they went to 2 and 3 years with straight and staggered terms and that brought a big revolt. He said the last Council didn't have the courage to do what this Council's doing which is to present it to voters. Mayor Wessler said she'd be willing to have the Mayor's seat go up every two years and Council every 3 years to have some experience in office. Mr. Fazzone said they suggested the same plan 10 Council Workshop/Special Meeting February 11, 1991 '-' .."., as New Smyrna Beach has, Mayor for 2 years and Council for 3 years, but citizens didn't want it and they capitulated to their demands. Mike Billick, Lime Tree Drive, said 2 years is what United Taxpayers brought up and wanted and if they're good, they'll be elected, and what's the difference in staggered, because if they're no good, they're out, and one person on the last Council ran and he was re-elected and that was Mayor Mitchum. Mayor Wessler said they're telling people they have one year to run their office and then they start making decisions based on election. Mr. Billick stated if they go to the electorate, they'll go with 2 years, and if they'd had staggered terms, they1d have people they're unhappy with for another year. Council person Gillespie suggested they have two options. Mr. Billick said if they're good, they don't have to worry about running, theylll be automatically re-elected, whether 2 or 3 years. Councilperson Gillespie said it's as is or the one option. Mr. Lodico said they tried staggered terms when he was on Council and found very few people vote when it's an off election year. He said they usually have 2 or 3 left from the previous Council and it's not usually 5 new ones as it is this year. He asked they keep it simple and leave it as it is. Councilman Jones pointed out it will be up to the people and they need to give them an option. Mayor Wessler noted they simplified it. Mr. Lodico said people don't understand what they're talking about. Mayor Wessler said they'll have Mr. Miller write it up in the newspapers and theylll be informed. Mr. Lodico asked who brought up the option of more than 2 years. Mayor Wessler said they want an option for the City's gain, not anyone person and years ago it was here and didn't work but now may be the time. Mr. Lodico said 2 years is enough for anyone. Doris Hill asked when this will happen and if it will apply to them. Mayor Wessler replied this corning November and it may go with the County election. Mrs. Hill quest i oned 1 ega 1 i ty because they were voted for two years. Mayor Wessler said they wouldn't be affected, it would be effective after that. Mr.Fazzone said Council's doing the right thing the way he sees democracy work and some people don1t want others to have choices and they can decide. Councilperson Martin said she agreed with Mr. Lodico that special voting times and primary votes have low voter turnout. Mr. Ewina said they1re missing the main objective, they should make the Charter palatable for the citizens because they can vote the whole thing and have no Charter at all. He said a lot of people will object if they're not happy with it. Mayor Wessler said it will corne up for public hearings before hand and the option is the last they'll have to do. Councilman Hays asked about the time for taking full effect. Ms. Clayton said they'll add that later and can time it when another election is regularly scheduled and if they want to review the whole Charter, that's one thing, but if they're only doing certain portions such as choices of terms, they could hold that out and then vote on it some other time. She said they have a lot of decisions on how to present the Charter for public debate and review and voting. Councilperson Gillespie asked if they can put this whole Charter in pieces on the ballot, because if it goes up in one fell swoop, it can go down that way. Mr. Johnson said the question was asked before if the proposed Charter fails, what happens, and he understands the other Charter would be in effect. Section 6.06 - Mayor Wessler asked if they need the Administrative Code Committee, with the City Manager, City Attorney, and City Auditor, and others. Councilperson Gillespie said that's similar to the CIP Committee. Ms. Clayton said they have that for the purpose of taking the Code and conforming it to the Charter and they'll probably want to have it as part of the Charter. Mr. Fazzone said 4.07 says they should adopt the Administrative Code and this is only a temporary thing set up to do that Code and then disband it. Mayor Wessler asked if it has to be in the Charter because it doesn1t state time. Ms. Clayton said she can handle that. 11 Council Workshop/Special Meeting February 11, 1991 \. . ~ ...." Councilman Jones moved to adjourn. Councilman Hays seconded the motion. Meeting was adjourned at 10:19 p.m. Minutes submitted by: Lura Sue Koser \. \ Ii., ' t MAY~/i ./ /I/~{/. . C LMAN ONE Ui-f L_ - (i~ ue~ ;:~:S6:~~/:~:WO f;- COUKCILPERSON - ZONE THREE ~~/4A ~ ?-'-/ COUNCILMAN -/ZONE FOUR / ,; it " Y---- ATTEST: A,~/~ CITY CLER APpr~d th i s / r- day of ~ , 199~. ~Rd 'Y> \),00L), \k) 12 Council Workshop/Special Meeting February 11, 1991