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11-27-1989 - Special t ...,. ...., 14 CITY COUNCIL OF EDGEWATER SPECIAL MEETING NOVEMBER 27, 1989 MINUTES Mayor Mitchum called the meeting to order at 7:00 p.m. in the Community Center. He stated the purpose was to meet with the Charter Review Committee to review the proposed Charter. ROLL CALL Mayor David Mitchum Councilman Dan Hatfi~ld Councilwoman Gigi Bennington Councilman Russell Gold Councilman Thomas Fish City Attorney Jose' Alvarez City Manager Elly Johnson Acting City Manager Fred Munoz City Clerk Susan Wadsworth Chief Lawrence Schumaker Present Arrived 7:12 pm Present Present Present Present Excused Present Present Excused Charter Review Committee Councilwoman Gigi Bennington Dominick Fazzone Mary Martin Jack Hayman Present Present Excused Arrived 7:03 pm Mayor Mitchum suggested Councilwoman Bennington handle this meeting since she was Chairman of the Charter Review Committee. Councilwoman Bennington stated they were given information tonight and the draft they1d received wasn't the latest. Mayor Mitchum asked what the changes were. Councilwoman Bennington explained two year terms and two year staggered terms in 3.03 and there are four options. She noted that on page 9, transition ordinances, the last sentence was struck out which gives Council the option to remove the transition schedule from the Charter. She added that instead of the term Council men, they changed it to Council member. Councilman Fish asked about qualifications for electors or persons running for Council as now it's a requirement to be a property owner within the City limits and he feels it's important to have a vested interest in the community. He suggested they provide it in the revised Charter. Mr. Fazzone explained they had it originally but thought every citizen of Edgewater that voted should have a right to run for office whether or not hels a property owner. Councilman Fish asked how they'd determine who's a resident, if it's an Edgewater address, or what. City Clerk Wadsworth rep 1 i ed it wou 1 d be a reg i stered voter. Mayor Mitchum pointed out for taxing purposes they set the millage rate and determine what people will pay in taxes, and one problem they could have is someone who doesn't pay anything in taxes dictating what you're going to pay, but if you have a fixed interest, the vote to raise a millage rate will be raising your own taxes also. He suggested they should have a full vested interest. Councilman Gold noted a renter contributes to the cost of running the City and if it's the landlord and his taxes are raised, he'll pass it on to the renter. Councilman Fish stated held like to include that to run for elected office you must be a property owner. Mr. Fazzone asked the City Attorney if legally they have the right to deprive renters the right to run for office. City Attorney Alvarez reolied it's like the old free hold reouirement and helll review it to include f .. ....., .I Mr. Hayman stated they debated about property ownership but the cost in the housing industry is going up and a segment of society can no longer afford housing. He added that if it's limited to owning property some well qualified people won1t be able to seek office. He suggested Council think about this before they vote to restrict the qualifications for running and holding office to real property owners in the City as they may be doing a great disservice and may be open to a class action suit down the road. Councilman Fish requested the City Attorney to research this and bring it back. Councilman Fish questioned Section 3.09(a) which allows meetings to be called by the Mayor, majority of the members, or City Manager. He asked if they should give the City Manager the right to call a special meeting. Mr. Hayman explained they took that from one of the model codes and didn't debate it a great deal. Councilwoman Bennington stated it fit in with the City Manager form of government, the City Manager is always around, and if the Mayor couldn't be there, the City Manager could be. Mayor Mitchum pointed out that if he and the Vice Mayor were out of town, then it would fall on the Acting Mayor, which is the correct step, and he doesn't think the City Manager should be able to call special meetings of Council. Councilman Fish suggested it be mayor and vice mayor then the majority of the City Council could agree to hold a special meeting. Councilwoman Bennington suggested it be Mayor and Vice Mayor and take out City Manager. Mayor Mitchum and Councilman Fish agreed. Councilman Gold questioned Section 3.04, compensation, with the cost of living adjustment in June of each year, as they've had a lot of comments about the salaries now and he feels it it's left in and voted on as a whole, it will bring it down. Mr. Hayman explained they looked at costs to be an elected official with out of pocket expenses and they don't make anything with what the City pays them, and took into account the cost of living and inflation and increased demands on the Council's time. He added that most other cities and governments have a salary that's adjusted upward or downward based on the current cost of living. Mr. Fazzone noted this will let them know exactly how much they'll get and it won't be like the last time when they doubled their salaries by ordinance and this will be done by referendum. Councilwoman Bennington pointed out they went one step further and picked the month and what report they'll use by the Bureau of Labor Statistics. Councilman Hatfield asked if they'd have the right to vote down the raise if they didn't want it that year or would it be by ordinance in June. Councilwoman Bennington replied it would be automatic every June and you could give it back. Councilman Hatfield stated he likes the idea because it gradually increases instead of a big lump sum, but they may want to give Council the right to vote on it. Councilwoman Bennington explained they wanted to take it out of the political arena with Council voting on their own raises, and they felt if it were tied into the Charter, they1d take it away from Council and if it were going to be any higher it would have to go to referendum. Councilman Hatfield stated he still felt it should be voted on for the increase they1d have. Mr. Fazzone asked if Council should accept or reject or lower it after the price index comes in. Councilman Hatfield suggested they could use it as the maximum and Council could vote on it by ordinance. Mayor Mitchum suggested Council could have the right to approve or reject. Councilwoman Bennington noted the cap would be the June cost of living index. Councilman Gold asked about the name change from Council man to Council member instead of to Commissioner since titles and duties aren't affected. Mr. Fazzone replied they1re used to Council and they'd have to educate everyone if they changed. Councilman Hatfield questioned whether Section 2.01, Description of Corporate Limits, would remain the same when they establish this as the existing Charter. City Attorney Alvarez explained the Charter doesn't change the boundaries and those are changed by ordinance. , -- ....., permission to do this. Councilman Fish asked if the City Manager was involved in putting this together. Councilwoman Bennington replied it was two City Managers. Councilman Fish asked their feelings and if they were in favor. Councilwoman Bennington replied yes and it gives Council the right to talk to employees but not to direct them. She noted that if it's independent information instead of acting as a Council as a whole, a Council member could go to the City Manager and say he wants to talk with the employee about a certain project. Mayor Mitchum pointed out that at the end it says IIbe made to and through the city manager..1I and it should be at the top and clearer because they can't undermine the office. Mr. Hayman stated they have a Charter and normally down from the Charter is an Administrative Code with a set of rules for doing business in house, and when they looked at this they concluded they can't deny a Council member from doing his job and when you get to the point of collecting information you ask for surveys or go to the library or ask the City Clerk, and the interference of Council on day to day operations must go through one person and they decided to list it as an Administrative Code or standard operating procedures in house. Mayor Mitchum expressed concern with the phrase lIexcept for the purpose of inquiries and investigations,..1I After brief discussion, Councilman Fish suggested they strike the word lIinvestigationsll. Mayor Mitchum agreed. Councilwoman Bennington stated a lot of this charter was taken from the model charter and it was written to be a skeleton of the City and they tired not to bog it down with a lot of unnecessary binding things that are subject to change and they hoped this would be the frame work for the next 10 to 15 years. She added that other elements of the Admi n i strat i ve Code wou 1 d be changed by ordinance as the City grows but basics would stay unless it was something major. She added that rather than locking in voting districts they put it as every 10 years after the census they1d automatically redistrict to keep up with population. Councilman Fish agreed. Mr. Fazzone noted the present charter had 143 sections at one time and items and parts were added that weren't always in the right place and some are obsolete or shou 1 d be hand 1 ed by ord i nance. Counc ilwoman Benn i ngton added that some sections are covered by State Statutes. Mayor Mitchum stated page 5, Section 4.02, Acting City Manager, has the letter filed by the Manager to delegate an Act i ng Manager dur i ng his absence or disability could be revoked by Council and they could appoint someone else by calling a special meeting to appoint and approve. He disagreed that Council approval would be needed if the Manager were out of town a day or a week but if it were a prolonged absence then Council could make a decision. Councilman Fish asked if it has to be pinned down specifically. Councilman Hatfield said he likes the idea and it could be a one time thing until they decide to appoint an Assistant City Manager. There was discussion about the appointment. Council- woman Bennington said they can fill in by ordinance if Council wants to vote on an Acting City Manager if the City Manager is going to be out of town for an extended period of time. Councilman Fish agreed it could be done by ordinance and not put anything too specific in the charter. Mr. Hayman pointed out it's another area in the Administrative Code and standard operating procedure and they shouldn't tie it down too specifically in this charter so there1s no room for flexibility. It was agreed to deal with this by ordinance. Councilman Hatfield asked if with Sections 4.03, City Clerk, and 4.04, City Attorney, it would be proper for them to go through the City Manager. Council- woman Bennington replied the City Manager, City Attorney, and City Clerk work directly for the Council and they can ask them for anything. Councilman Gold asked if Section 3.09, Procedures, (b), will include citizen comments on the aaenda direct 1 v orior to ilnn hpforp thpv -'lrl inllrn MY' !-I;wm;an } ..... ...., Councilman Hatfield stated he felt Section 5.03 (5) regarding candidates paying a qualifying fee of $25.00 is a good idea. Councilwoman Bennington pointed out they had recommendations regarding the sign ordinance to limit size and posting a bond they could get back when it's verified all the signs are down, but decided not to put it in the Charter Councilman Hatfield, Mayor Mitchum, and Councilman Fish agreed they did an excellent job. Councilwoman Bennington explained the four options for terms of office, noting they recommended March for the election, but November election is listed for an option. She pointed out they came up with 8 different combinations the voters could decide on. Mr. Fazzone stated this will be confusing for the voters and they should cut it down to something reasonable to clarify it. He suggested they give the voters 3 options and they should vote for one: 1) Should the elections for City Council be held in November and have 2 year terms as in the old Charter?, 2) Should the elections be staggered with not all Council members to be elected at the same time and held in March for 2 year terms?, and 3) Should the elections be staggered and held in March for 3 year terms? He suggested they consider these 3 options rather than 8 options. Councilman Hatfield agreed it doesn1t have to be 8 options and it could be a November-March option regard- less of the other sections and the terms should be separate. He suggested they have 4 opt ions as the people shou ld have a right to vote on it as a vi ab le option. Councilman Fish agreed they shouldn't bombard them with 8 choices. Councilwoman Bennington explained this was just to show what they could come up with and when Council decides theylll run full page ads and explain it. She added the committee felt March was in the best interest because of the general elections in November when a lot of people don't bother to get to their local level where the people have the most control over their government and in March the majority of people are in town. Mayor Mitchum stated a lot of issues bring people out in November that wouldn't come out in March. Councilman Hatfield pointed out a lot of people won't go to the polls to vote because of long lines in November. Mayor Mitchum agreed. Councilman Fish stated it should be a March- November issue. Mr. Fazzone stated they're trying to put together a charter that will reflect what people want. He noted there are remarks they'll get 45-50% more in November than will come to vote in March. Councilwoman Bennington pointed out a local election is where the people have the most power and they want them to exercise their option to vote and they can decide if they want to have it in November. She noted the draft addresses it as March and it would have to be changed if it were November. Mr. Hayman expressed appreciation and gratitude to Council for the opportunity to help the City government. He said they're anxious to see them look at the internal working procedures and nail it down with an Administrative Code or standard operating procedure, which is the next step if this Charter is approved. He pointed out they need people knowledgeable in political science. He commended their chairperson and the City Attorney and Mr. Fazzone. Mr. Fazzone expressed appreciation to the committee, especially Gigi Bennington, Jack Hayman, and Mary Martin, for the time they spent and patience they had. He added they received input and advice from the City Attorney, City Manager, and City Clerk. He thanked Council for giving them the opportunity to perform this job. Councilwoman Bennington stated they've geared the referendum toward a March 13th date and Katherine Odham has to have this 90 days prior to the election which puts it at January 19. She pointed out the County may have a 1 cent sales tax referendum on March 23rd and New Smvrna Rp.arh ha~ thp.ir npnpr~l plprtinn th~n ,. -- ....." There was a brief review of suggested changes: property owner - City Attorney will bring back an answer; compensation - changed to read IIcompensation may be adjusted by ordinance in June of each year not to exceed the consumer price index...II; interference with administration - lIinvestigationsll to be stricken and to read 1I..inquiries and gathering information..II, meetings - changed to read 1I...0n the call of the mayor, or vice mayor, or majority of the members and,..1I and striking the words IICity Managerll. It was decided to leave Acting City Manager alone. Councilwoman Bennington moved they direct the City Attorney to make the necessary changes they discussed tonight and bring the draft for the December 4th meeting. Councilman Hatfield seconded the motion. There was discussion about public hearings and it was agreed to hold a public hearing for the 18th for first reading. Motion CARRIED 5-0. Mayor Mitchum clarified there will be a draft proposal on the 4th, first reading and public hearing on the 18th, and second and final reading and public hearing on January 15th. Councilman Hatfield moved they adjourn. Councilman Fish seconded the motion. Meeting was adjourned at 8:28 p.m. Minutes submitted by: Lura Sue Koser <- ~ ~ d; ;fG.::J..- ATTEST: ~a,~ CITY CLEJ(K ApRroved th is /?' day of ~ , 1981-. ~((b&~ MAYOR