06-28-1999 - Workshop - Charter Recommendations
,
"
.....
.."""
CITY COUNCIL OF EDGEWATER
WORKSHOP
JUNE 28, 1999
6:00 P.M.
COMMUNITY CENTER
MINUTES
CALL TO ORDER
Vice Mayor Roberts called the Workshop to order at 6:07 p.m. in
the Community Center.
ROLL CALL
Mayor Randy Allman
Councilman James Gornto
Councilman Myron Hammond
Vice Mayor Gary Roberts
Councilwoman Judith Lichter
City Attorney Nikki Clayton
City Manager Kenneth Hooper
City Clerk Susan Wadsworth
Police Chief Lawrence Schumaker
Excused
Present
Arrived at 6:10 p.m.
Present
Present
Present
Present
Present
Present
MEETING PURPOSE
The purpose of the meeting was to continue discussion regarding
Charter recommendations made by the Charter Review Committee.
City Manager Hooper explained to Council the process they will
follow and briefly went over the way the ordinance was drafted.
City Attorney Clayton stated this was taken from the ordinance
that was used the last time the Charter was put up for vote.
City Manager Hooper informed Council they would be starting with
Item 6 - Initiative and referendum of the Charter Review
Committee Recommendations.
Councilwoman Lichter asked about Item F3 - Withdrawal of
petitions.
Vice Mayor Roberts asked if the Supervisor of Elections has any
rules or regulations that would be contrary to this. City
Manager Hooper informed him no. The Supervisor of Elections has
reviewed this. Everything is consistent with statutory
requirements.
Vice Mayor Roberts asked if some of these items are covered by
State Law. City Attorney Clayton elaborated on what is covered.
There was a brief discussion regarding the percentage of voters
signatures required for a referendum being 20%.
There was also a discussion regarding recall. Councilwoman
Lichter asked if recall should be mentioned with a reference to
the State Statute. City Attorney Clayton explained they could
add a provision which says recall shall be in accordance with
State Law.
City Clerk Wadsworth informed Councilwoman Lichter the answer to
her question earlier regarding withdrawal of petitions is 30
days. She suggested this be changed to 30 days instead of 15
days.
It was the consensus of Council to go ahead with the
recommendation.
~
~
~
The next item of discussion was City employees residence
requirement. City Manager Hooper elaborated. The Charter Review
Committee wanted the ability to waive much tighter than what they
currently have right now.
Vice Mayor Roberts feels it covers what is needed as it is now.
Councilwoman Lichter stated since they have been on they have
made appointments of Department Heads that live out of the City
because at that point it made sense due to the employee already
being in that department. She thinks there are a few more than
the City Manager in the future that should really not be able to
be waived. She feels a Police Chief and Fire Chief should reside
in the community because of safety reasons.
Councilwoman Lichter feels generally Department Heads should live
in the City but managers and those directly involved with safety
should really, really live in the city. City Manager Hooper
further elaborated on Councilwoman Lichter's concerns.
There was further discussion regarding residency requirements for
Department Heads.
Councilman Gornto asked for an interpretation of the sentence
added under Section 4-11 regarding granting waivers under
extraordinary circumstances. He agreed with the language the
Committee has come up with.
Councilman Hammond agreed with the city Manager residing in the
city.
City Attorney Clayton spoke about the ordinance that was adopted
outlining the procedures for granting a waiver.
Vice Mayor Roberts asked if the approval of a waiver is done by a
majority vote or unanimous. City Manager Hooper informed him it
would be a majority vote.
Councilman Gornto stated if the Council were to vote to say that
we would accept a Fire Chief from Cocoa, by the addition of the
petition process, then a group of citizens could not challenge
the salary but the hiring of that person could be challenged and
brought to a referendum. City Manager Hooper informed him that
was correct. He spoke about granting the waiver for a year.
It was the consensus of Council to accept the residency
requirements.
City Attorney Clayton asked how many registered voters there are
in Edgewater. City Clerk Wadsworth estimated there to be a
little over 8,000. At 20%, the required number for a referendum
would be about 1,600, as high as 2,500, depending on how many
voters are actually in Edgewater.
City Manager Hooper went over Item 8 - Public information
dissemination. This is covered by State law but it wouldn't be a
problem to include it in the Charter.
There was further discussion regarding the expending of public
funds. This is a conservative place to be. City Attorney
Clayton has always opted to recommend putting the information in
front of the voters and public funds should not be used to
campaign politically.
It was the consensus of Council to accept public information
dissemination.
City Manager Hooper then spoke about Item 9 - Charter review
requirement.
Page -2-
Council Charter Workshop
June 28, 1999
~
"""""
It was the consensus of Council to accept the Charter review
requirement.
Councilman Gornto asked how many recommendations they have
accepted and how many have been denied. City Manager Hooper
informed him eight were accepted and one was denied, the
limitation on annexation.
City Manager Hooper then went over the minority reports from the
Charter Review Committee.
City Manager Hooper elaborated on Item 10 - staggered terms. He
feels continuity is a very big issue.
Vice Mayor Roberts stated that with the terms the way they are
now, it gives the public the ability to change government when
they are not happy with it. He feels four year terms would be
the only sensible way to do staggered terms.
Councilwoman Lichter thinks ten years ago every two years would
be fine. She feels other factors have entered into government in
this day and age where two years barely gets you started. She
spoke about the expense of running for office every two years.
She thinks when other political entities deal with the City, such
as the County and the other cities, they want a more permanent
type government to deal with in terms of grants, commitments, and
alliances. She thinks staggered terms of longer duration is the
ultimate answer to our going forward into the new century.
Councilwoman Lichter spoke about Port Orange having limits on
their terms. They have four year terms but no one can serve more
than two terms. She is for staggered terms and probably for four
year terms in the end.
Councilman Hammond agreed with Councilwoman Lichter. He spoke of
this being a learning process and it already being election time
again. Two years is a short time. He agreed on the staggered
terms and feels it should be a longer term.
Councilman Gornto also agreed with Councilman Hammond and
Councilwoman Lichter. He agrees with four year staggered terms.
City Manager Hooper went over Item 11 - City Council to have
authority to override administrative action of City Manager.
City Attorney Clayton further elaborated on overriding the City
Manager.
There were further examples presented of when the Council could
override the action of the City Manager.
Vice Mayor Roberts feels it gets too broad a base as far as
interfering with the City Manager's ability to do his job. He
feels this would bog down the system. If they don't like the way
the City Manager is doing the job then they should vote to remove
the City Manager.
It was the consensus of Council to leave this items as it is.
City Manager Hooper went over Item 12 - Two term limits for Mayor
and Council.
Vice Mayor Roberts feels this might be something to be considered
if they go with longer terms.
City Manager Hooper explained they could attach this item to the
one voted on earlier and make only term limits apply if you go
with four year terms.
Page -3-
Council Charter Workshop
June 28, 1999
.'
"-'
....,
councilwoman Lichter spoke about there being cases in court right
now because of the Senate and the House in Florida is coming up
in the year 2000 with 70 new bodies because of term limits. City
Attorney Clayton further elaborated. Councilman Roberts feels if
this is in State courts now maybe they shouldn't be addressing
this on the ballot because the State will determine whether
cities can set these regulations or not.
City Attorney Clayton further explained the argument is not
whether you can pass term limits. It's whether it affects a
federal right that you have to be governed by your chosen leader.
There was further discussion regarding term limits. The
consensus is not to write a question for this item.
City Manager Hooper went over Item 13 - Voting by Districts.
Councilwoman Lichter doesn't think this should be done totally by
district. Vice Mayor Roberts and Councilman Gornto agreed. Vice
Mayor Roberts feels when you are elected you represent the whole
City no matter where you live at.
City Manager Hooper went over Item 14 - Council to have authority
to hire and fire department heads. It was the consensus of
Council to not write a question for this item.
City Manager Hooper went over Item 15 - Eliminate waiver of
residency for city Manager, City Attorney, and Department Heads.
This item was handled earlier under residency requirements.
City Manager Hooper then informed Council of what will happen
next.
Vice Mayor Roberts asked if they should hear from the public
before they close this session. City Manager Hooper stated they
have had three work sessions with the public. The public has
talked when it has been presented. This work session was called
strictly for Council to give direction to staff on what to put
together. All of these items will come back in a public format.
ADJOURNMENT
There was a five minute break at 7:12 p.m. The Council
reconvened at 7:15 for the garage work session.
Minutes submitted by
Lisa Kruckmeyer
Page -4-
Council Charter Workshop
June 28, 1999
"
......
....,
~~
INTER-OFFICE MEMORANDUM
EDGEVVATER,FLORIDA
TO:
City Council
FROM:
Kenneth R. Ho~e~ ---.~
CityManager7 '-}V ~~~
99-061
C.A. NO.:
DATE: ~
June 18, 1999
SUBJECT: Charter VVorkshop Session - June 21, 1999
PURPOSE - The City Council has requested a workshop session to review proposed
changes to the City's Charter.
BACKGROUND - The Council appointed a Charter Review Committee (December 1997) to
review the existing charter and make recommendations for possible changes.
The Committee conducted a review of the existing charter and provided
recommended changes to Council on January 11, 1999. City Council has
conducted two (2) VVorkshops concerning recommended changes on March
1, 1999 and April 5, 1999. All previous background information is included.
REQUEST - City Council to review the proposed changes and provide direction to staff
to develop a proposed ordinance.
1
.....
~
ISSUES -
2.
Charter Review Committee Recommendation
Limitation on annexation; _ L -It' (j / f(-,4' d / f/-" -.: ;Yo -I f d C'if> c but<:
I Cd"""-<- b6.ck
Qualifications for Mayor and Council; - A I 0.. J; f e j, L f cJ 3' ~ ~ I
(i) / _ y _ 1? _y _ 11- 'y Lv ',11 ('"..,. f" ~ L /
Limitation on borrowing; Gen. F"U^ I- {'-
('-ifo'l' ( 6" /:
."A
3.
4.
.+~ wAY fO{<,fff;.
Restrictions on unrestricted general fund reserves; - 0 t!.. W I
LV,.lltA
~ol
C' P#"
/J.~
5.
Filling of vacancies of Mayor and City Council; d I- w: f "
6. Initiative and referendum;
7. City employees residence requirements;
8. Public information dissemination;
9. Charter review requirement;
Minority Reports
to. Staggered terms;
11. City Council to have authority to override administrative action of City Manager;
12. T~ term limits for Mayor and Council;
13 . Voting by districts;
14. Council to have authority to hire and fire department heads; and
15. Eliminate waiver of residency for City Manager, City Attorney, and Department Heads.
2
"-"
~
MINORITY REPORT ISSUES
· City Council have authority to override (by a unanimous vote) any action or inaction City
Manager regarding issues of organization and policy (not issues of personnel).
. Staggered terms
· residency of city manager, city attorney & department heads - waivers should be excluded
. two term limits for council
. vote by districts
· give council the authority (by majority vote) to hire and fire department heads only
':t.
(Charter ReviewCommittee- Minority Reports)
~
-....,
PUBLIC REVIEW/COMMENTS - APRIL 5, 1999
PROPOSED
CHARTER
REVISIONS
ARTICLE II - CORPORATE LIMITS
Section 2.02 - Limitations on Annexation
NEW SECTION
The cOI:Porate limits of the City of Edgewater may not be increased more than two hundred
fifty (250) acres in anyone (1) year unless such annexation is approved by a referendum of the
eligible voters ofthe city in a general election.
ARTICLE III - CITY COUNCIL
Section 3.03 - Qualifications
(a) The mayor must be a qualified elector of the city and shall have resided within the city for
no less than one (1) year on the date that person qualifies to run for office. The mayor shall
continuously reside within the city limits during the mayor's term of office.
(b) Each council member must be a qualified elector of the city and shall have resided within the
city for no less than one (1) year and shall be '.vho is a resident of the district from which the
person seeks to be elected on the date. that person qualifies to run for office. Each council
member elected from a district shall continuously reside in the district during the council
member's term of office, except that any council member who is removed from a district by
redistricting may continue to serve during the remainder of the council member's term of
office.
Section 3.05 - Compensation
Council members shall receive as compensation the sum of four thousand eight hundred
dollars ($4,800.00) annually, payable monthly. The mayor shall receive as compensation the sum
of six thousand dollars ($6,000.00), annually, payable monthly. The city council is authorized to
adjust the annual salary for the mayor and council members by ordinance, but the 00 ordinance shall
not become effective until the date of commencement of the term of those members of the city
(CharterReviewCommittee/CharterReview Form) 1
~
""""
council elected at the next regular election, provided that such election follows the adoption of the
ordinance by at least six (6) months.
Section 3.06 - Mayor
The mayor shall be a member of the city council and preside at meetings ofthe council. The
mayor shall be recognized as head of the city government for all ceremonial purposes, by the
governor for purposes of military law, for service of process, and execution of contracts, deeds and
other documents, but shall have no administrative duties. Any additional PO\VCfS and duties of the
mayor shall be such as are conferred upon the mayor by the council. At the first council meeting
after each regular city election, the council shall elect one of its members as vice mayor. The vice
mayor shall act as mayor during the absence or disability ofthe mayor.
Section 3.08 - Prohibitions
(a) Holding other office
(b) Appointments and removals
(c) Interference with administration
@ Limitations on borrowin~. The City of Edgewater shall not incur additional debt of more
thaft 0.75% of the total assessments net taxable value during any forward moving five (5)
year period unless such debt is approved by a referendum of the eligible voters of the city
in a general election.
W Reserves. The city is required to maintain reserves at a minimum of fifteen percent (15%)
with a maximum of twenty-five percent (25%) of the general fund.
Section 3.09 Vacancies; forfeiture of office; recall; filling of vacancies
(a) Vacancies
(b) Forfeiture of office
(c) Recall
(d) Filling of vacancies. Except as otherwise prescribed by law, a vacancy on the city council
shall be filled as follows:
(1) In the case ofa vacancy in the office of mayor, ifless than six (6) months remain in
the unexpired term or until the next regular city election. the council by a vote of
three (3) or more members shall appoint a successor who is eligible for the office
(CharterReviewCommittee/CharterReviewFonn) 2
--
""'-"
under Section 3.03 of this charter. Such successor shall serve until the" next regular
city election at which time a mayor shall be elected in the manner prescribed in
Article V of this Charter the .v'ice mayor shall serve as mayor for the unexpired term
ofthc ma)'or ami as:mmc tin duties of the mayor. A vat:aney in the office of council
member shall then. be created for the district from -vrvmeh the 'v'iee mayor vv'as eleeted
and shall be filled as set forth below. Once the vaeaney in the office of cotlllcil
member is filled, a new '"iee mayor shall be eleeted by the city council.
ill In the case of a vacancy in the office of mayor. if more than six (6) months remain
in the unexpired term or until the next regular city election. a special election shall
be called to fill such vacancy. The special election shall be scheduled not sooner
than sixty (60) days. nor more than ninety (90) days following the occurrence of the
vacancy and if a primary is necessary it shall be held as required by the election laws
ofthe State of Florida. The person elected to fill the vacancy must be eligible for the
office of mayor under Section 3.03 of this charter and shall serve until the next
regular city election at which time a mayor shall be elected in the manner prescribed
in Article V of this Charter.
(~ J) In the case of a vacancy in the office of council member, ifless than six (6) months
remain in the unexpired term or until the next regular city election, the council by a
vote of three (3) or more members shall appoint a successor, who is eligible for the
office under Section 3.03 of this charter. Such successor shall serve until the next
::.. regular city election at which time a council member shall be elected in the manner
prescribed in Article V of this Charter.
(3- ~) In the case of a vacancy in the office of council member, if more than six (6) months
remain in the unexpired term or until the next regular city election a special election
shall be called to fill such vacancy. The special election shall be scheduled not
sooner than sixty (60) days, nor more than ninety (90) days following the occurrence
of the vacancy and if a primary is necessary, it shall be herd as required by the
election laws of the State of Florida. The person elected to fill the vacancy must be
eligible for the office under Section 3.03 of this charter and shall serve until the next
regular city election in the maimer prescribed in Article V of this Charter.
( e) Extraordinary vacancies
Section 3.11 Procedure
(a) Meetings
(b) Rules and journal. The city council shall determine its own rules and order of business
except that the agenda for regular council meetings shall include "Citizen Comments" (not
to include agenda items) at the beginning ofthe meeting and directly prior to adjournment
(CharterReviewCommittee/CharterReviewFonn) 3
....
..,
of the meeting and council shall include an opportunity for citizen comments relating to an
agenda matter at the time the matter is before council. The city council shall provide for the
keeping of a journal of its proceedings. This journal shall be a public record.
(c) Voting
Section 3.13 - Initiative and referendum
w
ill
Initiative. The qualified voters ofthe city shall have the power to propose ordinances
to the council and. if the council fails to adopt an ordinance so proposed without any
change in substance. to adopt or reject it at a city election. provided that such power
shall not extend to the budget or capital program or any ordinance relating to
appropriation of money. levy of taxes or salaries of city officers or employees.
ill Referendum. The qualified voters of the city shall have power to require
reconsideration by the council of any adopted ordinance and. if the council fails to
repeal an ordinance so reconsidered. to approve or reject it at a city election. provided
that such power shall not extend to the budget or capital program or any emergency
ordinance or ordinance relating to appropriation of money. levy of taxes or salaries
of city officers or employees.
au ill Commencement of vroceedings. Any five (5) qualified voters may commence
;:,.. initiative referendum proceedings by filIng with the city clerk or other official
designated by the council an affidavit stating they will constitute the petitioners'
committee and be responsible for circulating the petition and filing it in proper form.
stating their names and addresses and specifying the address to which all notices to
the committee are to be sent. and setting out in full the proposed initiative ordinance
or citing the ordinance sought to be reconsidered. Promptly after the affidavit of the
petitioners' committee is filed. the clerk or other official designated by the council
may. at the committee's request. issue the appropriate p'etition blanks to the
petitioners' committee at the committee's expense.
.(0 Petitions.
ill Number Q"f signatures. Initiative and referendum petitions must be signed by
qualified voters of the city equal in number to at least twenty percent (20%) of the
total number of qualified voters registered to vote at the last regular city election.
ill Form and content. All papers of a petition shall be uniform in size and style and
shall be assembled as one instrument for filing. Each signature shall be executed in
ink or indelible pencil and shall be followed by the address of the person signing.
Petitions shall contain or have attached thereto throughout their circulation the full
text of the ordinance proposed or sough to be reconsidered.
(CharterReviewCommittee/CharterReviewForm) 4
.......
."""'"
ill Affidavit of circulator. Each paper of a petition shall have attached to-it when filed
an affidavit executed by the circulator thereof stating that he personally circulated the
paper. the number of signatures thereon. that all the signatures were affixed in his
presence. that he believes them to be the genuine signature of the persons whose
names they puq>ort to be and that each signer had an opportunity before signing to
read the full text ofthe ordinance proposed or sought to be reconsidered.
ill Time for filing referendum vetitions. Referendum petitions must be filed within
thirty (30) days after adoption by the council of the ordinance sought to be
reconsidered.
@ Procedure for filing.
ill Certificate of clerk.: amendment. Within twenty (20) days after the initiative petition
is filed and five (5) days for a reference petition. the city clerk or other official
designated by the council shall complete a certificate as to its sufficiency. specifying.
if it is insufficient. the particulars wherein it is defective and shall promptly send a
copy of the certificate to the petitioner's committee by certified mail. return receipt
requested. Grounds for insufficiency are only those specified in subsection (c). A
petition certified insufficient for lack of the required number of valid signatures may
be amended once if the petitioners' committee files a notice of intention to amend it
with the clerk or other official designated by the council within two (2) days after
c:.. receiving the copy of the certificate and files a supplementary petition upon
additional papers within ten (10) days after receiving the copy of such certificate.
Such supplementary petition shall comply with the requirements of subsections (c )(2)
and (c)(3) of section 3.13. and within five (5) days after it is filed. the clerk or other
official designated by the council shall complete a certificate as to the sufficiency of
the petition as amended and promptly send a copy of such certificate to the
petitioners' committee by certified mail. return receipt requested as in the case of an
original petition. If a petition or amended petition is certified sufficient. or if a
petition or amended petition is-certified insufficient and the petitioners' committee
does not elect to amend or request council review under subsection (2) of this section
within the time required. the Clerk or other official designated by the council shall
promptly present his certificate [which] shall then be a final determination as to the
sufficiency of the petition.
ill Council review. If a petition has been certified insufficient and the petitioners'
committee does not file notice of intention to amend it or if an amended petition has
been certified insufficient. the committee may. within two (2) days after receiving the
copy of such certificate. file a request that it be reviewed by the council. The council
shall review the certificate at its next meeting following the filing of such request and
approve or disapprove it. and the council's determination shall then be a final
determination as to the sufficiency of the petition.
(CharterReviewCommittee/CharterReview Form) 5
--
..."
W Referendum vetitions: suspension of effect of ordinance. When a referendum petition is filed
with the city clerk or other official designated by the council. the ordinance sought to be
reconsidered shall be suspended from taking effect. Such a suspension shall terminate when:
ill There is a final determination of insufficiency of the petition: or
ill The petitioners' committee withdraws the petition: or
ill The council repeals the ordinance: or
(4). After a vote of the city on the ordinance has been certified.
ill Action on vetitions.
ill Action bv council. When an initiative or referendum petition has been finally
determined sufficient. the council shall promptly consider the proposed initiative
ordinance in the manner provided in Article III or reconsider the referred ordinance
by voting its repeal. If the council fails to adopt a proposed initiative ordinance
without any change in substance within sixty (60) days or fails to repeal the referred
ordinance within thirty (30) days. it shall submit the proposed or referred ordinance
to the voters of the city.
ill"'- Submission to voters. The vote of the city on a proposed or referred ordinance shall
be held not less than thirty (30) days and not later than sixty (60) days from the date
the petition was determined sufficient. Ifno regular city election is to be held within
the period described in this subsection. the council shall provide for a special
election. except that the council may. in its discretion. provide for a special election
at an earlier date within the described period. Copies of the proposed or referred
ordinance shall be made available at the polls.
ill Withdrawal q,f vetitions. An initiative or referendum petition may be withdrawn at
any time prior to the fifteenth (15th) day preceding the day scheduled for a vote of the
city by filing with the city clerk or other official designated by the council a request
for withdrawal signed by at least four (4) members of the petitioners' committee.
Upon the filing of such request the petition shall have no further force or effect and
all proceedings thereon shall be terminated.
{g} Results of election.
ill Initiative. If a majority of the Qualified electors voting on a proposed initiative
ordinance vote in its favor. it shall be considered adopted upon certification of the
election results and shall be treated in all respects in the same manner as ordinances
of the same kind adopted by the council. If conflicting ordinances are approved at
(CharterReviewCommittee/CharterReviewForm) 6
....
""'"
the same election. the one receiving the greatest number of affirmative votes shall
prevail to the extent of such conflict.
m Referendum. If a maiority of the qualified electors voting on a referred ordinance
vote against it. it shall be considered repealed upon certification of the election
results.
ARTICLE IV - ADMINISTRATION
Section 4.07 - Personnel system
(a) All appointments and promotions of city officers and employees shall be made solely on the
basis of merit, fitness, and demonstrated ability.
(b) Consistent with all applicable federal and state laws, the city council shall provide for the
establishment, regulation, and maintenance of a personnel system including a pcrsonnel
aeF-risor)" c6mmittcc.
Section 4.11 - Resident requirements for certain city employees
The city manager, city attorney, city clerk, and all department heads shall reside within the
corporate limits of the city within six (6) months after the completion of the probationary period
unless the requirement is waived by the city council. Eicept as to the city manager. the =!he 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 circumstance 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 officer
hired prior to the effective date of this section unless the residency requirement found in Chapter
27532, Laws of Florida, Special Acts of 1951, as amended, was applicable to such department head
or officer.
ARTICLE V - ELECTIONS
Section 5.06 - Public Information
Dissemination of information and education of the public regarding City issues shall be
deemed a public pw:pose for which City funds may be expended. Principles of fairness and the Code
of Ethics shall govern the form and content of such efforts.
(CharterReviewCommitteelCharterReviewF orm) 7
'OW'
...""
ARTICLE VI - TRANSITION SCHEDULE
Section 6.07 - Charter review
Every five (5) years after the adoption of this charter. the city council shall appoint a charter
review committee to review the city charter and recommend additions. deletions. or changes to the
city council for its consideration.
Section 6.08 - Charter amendment
This charter may be amended in accordance with general law.
MINORITY REPORTS:
-..oj,..
(CharterReviewComrnittee/CharterReview Form) 8
'-'
....,
j~l.lqqq
I .
WORK SESSION CONCERNING
PROPOSED
CHARTER
REVISIONS
ARTICLE I - POWERS
Section 1.01 - General Powers
Section 1.02 - Construction
ARTICLE 11- CORPORATE LIMITS
Section 2.01 - Description of corporate limits
Section 2.02 - Limitations on Annexation
The cOlJ)orate limits of the City of Edgewater may not be increased more than two hundred
fifty (250)~cres in anyone (1) year unless such annexation is approved by a referendum of the
eligible voters of the city in a general election.
COMMENTS: Florida Statutes describe conditions under which annexations
may occur. These conditions are very stringent and require one (1) or two (2)
referendums (the second referendum required within City if are~ or residents
exceed 5% of City totals), adoption of an ordinance, two (2) public hearings and
a plan by the City describing in detail how urban sources will be provided in the
annexed area. Individuals may also petition for voluntary annexation of their
property. All statutory conditions except the requirement for a referendum
apply.
(CharterReviewCommittee/CharterReviewF orm) 1
~
....."
Annexations require comprehensive plan amendments resulting in two
(2) public hearings and a thorough review by appropriate state agencies
including the Florida Department of Community Affairs (FDCA). The
comprehensive plan amendment process requires an analysis to describe the
financial impact to the City's existing residents.
The proposed 250 acre limitation on annexation could limit the City in
negotiating expansion of its urban services. This limitation would restrict major
annexation to even years (general elections). This limitation could place
Edgewater at an economic competitive disadvantage relative to adjacent Cities
and unincorporated Volusia County.
RECOMMENDATION: City Council not limit actions concerning annexations that
are defined by state statutes and have existing formal public hearing procedures for public
review and scrutiny.
ARTICLE III - CITY COUNCIL
Section 3.01 - Composition
Section 3.02 - Districts
Section 3.03 - Qualifications
(a) The mayor must be a qualified elector of the city and shall have resided within the city for
no less than one (1) year on the date that person qualifies to run for office. The mayor shall
continuously reside within the city limits during the mayor's term of office.
(b) Each council member must be a qualified elector of the city and shall have resided within the
city for no less than one (1) year and shall be who is a resident of the district from which the
(CharterReviewCommittee/CharterReviewForm) 2
.....
...."",
person seeks to be elected on the date that person qualifies to run for office. ~Each council
member elected from a district shall continuously reside in the district during the council
member's term of office, except that any council member who is removed from a district by
redistricting may continue to serve during the remainder of the council member's term of
office.
COMMENTS: Residency requirement is a valid concern and staff recommends
approval.
Section 3.04 - Elections and terms
Section 3.05 - Compensation
Council members shall receive as compensation the sum of four thousand eight hundred
dollars ($4,800.00) annually, payable monthly. The mayor shall receive as compensation the sum
of six thousand dollars ($6,000.00), annually, payable monthly. The city council is authorized to
adjust the annual salary for the mayor and council members by ordinance, but the 00 ordinance shall
not become effective until the date of commencement of the term of those members of the city
council elected at the next regular election, provided that such election follows the adoption of the
ordinance by at least six (6) months.
~
COMMENTS: Clarification of language only, no opposition by staff.
Section 3.06 - Mayor
The mayor shall be a member of the city council and preside at meetings of the council. The
mayor shall be recognized as head of the city government for all ceremonial purposes, by the
governor for purposes of military law, for service of process, and execution of contracts, deeds and
other documents, but shall have no administrative duties. Any additional pO'.vcrs and duties of the
mayor shall be such as are conferred upon the mayor by the council. At the first council meeting
after each regular city election, the council shall elect one of its members as vice mayor. The vice
mayor shall act as mayor during the absence or disability ofthe mayor.
COMMENTS: Clarification of language only, no opposition by Staff.
(CharterReviewCommittee/CharterReview Form) 3
..,.
,...,
Section 3.07 - General powers and duties
Section 3.08 - Prohibitions
(a) Holding other office
(b) Appointments and removals
(c) Interference with administration
@ Limitations on borrowing. The City of Edgewater shall not incur additional debt of more
than 0.75% of the total assessments net taxable value during any forward moving five (5)
year period unless such debt is approved by a referendum of the eligible voters of the city
in a generaLelection.
W Reserves. The city is required to maintain reserves at a minimum of fifteen percent (15%)
with a maximum of twenty-five percent (25%) ofthe general fund.
CO.MMENTS: (d) Limitation on borrowing}s a popular method to control
...
governmental spending by having City Council explain/educate the voters
concerning the need to borrow money. The method to determine the additional
debt threshold is very cumbersome. A fixed value of any borrowing over
may be easier to understand and the value'or the annual
debt threshold can be reviewed at the next charter review. City Council should
clarify that this does not pertain to refinancing as long as no "new money" is
borrowed. The term general election to define the timing of the referendum
should be deleted. A referendum to determine borrowing should be conducted
at the time of need but not necessarily at a general election.
(CharterReviewCommittee/CharterReviewFonn) 4
.......
......,
(e) The 15-25 percent range for unrestricted general fund reserves is
good management practice and is consistent with the criteria used (by Standard
& Poors, Moody and Insurers) to review the financial strength by
bond/insurance rating agencies. The section needs to be clarified by adding the
following"... maintain unrestricted general fund reserves at a minimum 005%
and a maximum of 25% of the annual operating (non - capital) general fund
Section 3.09 VacaQcies; forfeiture of office; recall; filling of vacancies
( a) Vacancies
(b) Forfeiture of office
( c) Recall
:.:..
(d) Filling ofvacancies. Except as otherwise prescribed by law, a vacancy on the city council
shall be filled as follows:
(1) In the case ofa vacancy in the office of mayor, ifless than six (6) months remain in
the unexpired term or until the next regular city election. the council by a vote of
three (3) or more members shall appoint a successor who is eligible for the office
under Section 3.03 ofthis charter. Such successor shall serve"Until the next regular
city election at which time a mayor shall be elected in the manner prescribed in
Article V oftrus Charter the vice mayor shall SCfye as mayor for the tlftcxl'ircd term
of the mayor and a'isume all dUties of the mayor. A vacancy in the office of eOUfieil
membcr shall then be creatcd for the district :&om -;lhich the -v"iee mayor -Iv"as elected
and shall be fillcd as sct forth below. Once the -..acane)" in the office of council
member is filled, a new vice mayor shall be eketcd by the dty council.
ill In the case of a vacancy in the office of mayor. if more than six (6) months remain
in the unexpired term or until the next regular city election. a special election shall
be called to fill such vacancy. The special election shall be scheduled not sooner
than sixty (60) days. nor more than ninety (90) days following the occurrence ofthe
vacancy and if a primary is necessary it shall be held as required by the election laws
ofthe State of Florida. The person elected to fill the vacancy must be eligible for the
(CharterReviewCammittee/CharterReviewF arm) 5
......
..."
office of mayor under Section 3.03 of this charter and shall serve until the next
regular city election at which time a mayor shall be elected in the manner prescribed
in Article V ofthis Charter.
(Z!- .3) In the case of a vacancy in the office of council member, if less than six (6) months
remain in the unexpired term or until the next regular city election, the council by a
vote of three (3) or more members shall appoint a successor, who is eligible for the
office under Section 3.03 of this charter. Such successor shall serve until the next
regular city election at which time a council member shall be elected in the manner
prescribed in Article V of this Charter.
(3- ~) In the case of a vacancy in the office of council member, if more than six (6) months
remain in the unexpired term or until the next regular city election a special election
shall be called to fill such vacancy. The special election shall be scheduled not
sooner than sixty (60) days, nor more than ninety (90) days following the occurrence
of the vacancy and if a primary is necessary, it shall be held as required by the
election laws of the State of Florida. The person elected to fill the vacancy must be
eligible for the office under Section 3.03 ofthis charter and shall serve until the next
regular city election in the manner prescribed in Article V ofthis Charter.
(e) Extraordinary vacancies
;:J..
COMMENTS: Staff concurs.
Section 3.10 Judge of qualifications
Section 3.11 Procedure
(a) Meetings
(b) Rules and journal. The city council" shall determine its own rules and order of business
except that the agenda for regular council meetings shall include "Citizen Comments" (not
to include agenda items) at the beginning of the meeting and directly prior to adjournment
of the meeting and council shall include an opportunity for citizen comments relating to an
agenda matter at the time the matter is before council. The city council shall provide for the
keeping of a journal of its proceedings. This journal shall be a public record.
(c) Voting
COMMENTS: Staff concurs.
(CharterReviewCommittee/CharterReviewForm) 6
'-'"
.....,
Section 3.12 - Ordinances and resolutions
Section 3.13 - Initiative and referendum
Uti
ill
Initiative. The qualified voters ofthe city shall have the power to propose ordinances
to the council and. if the council fails to adopt an ordinance so proposed without any
change in substance. to adopt or reject it at a city election. provided that such power
shall not extend to the budget or capital program or any ordinance relating to
appropriation of money. levy of taxes or salaries of city officers or employees.
ill Referendum. The qualified voters of the city shall have power to require
reconsideration by the council of any adopted ordinance and. if the council fails to
r{(peal an ordinance so reconsidered. to approve or reject it at a city election. provided
that such power shall not extend to the budget or capital program or any emergency
ordinance or ordinance relating to appropriation of money. levy of taxes or salaries
of city officers or employees.
au ill Commencement of Droceedin~s. Any five (5) qualified voters may commence
initiative referendum proceedings by filing with the city clerk or other official
designated by the council an affidavit stating they will constitute the petitioners'
committee and be res.ponsible for circulating the petition and filing it in proper form.
:.:0.. stating their names and addresses and speCifying the address to which all notices to
the committee are to be sent. and setting out in full the proposed initiative ordinance
or citing the ordinance sought to be reconsidered. Promptly after the affidavit ofthe
petitioners' committee is filed. the clerk or other official designated by the council
may. at the committee's request. issue the appropriate petition blanks to the
petitioners' committee at the committee's expense.
W Petitions.
ill Number of si~natures. Initiative and referendum petitions must be signed by
qualified voters of the city equal in number to at least twenty percent (20%) of the
total number of qualified voters registered to vote at the last regular city election.
ill Form and content. All papers of a petition shall be uniform in size and style and
shall be assembled as one instrument for filing. Each signature shall be executed in
ink or indelible pencil and shall be followed by the address of the person signing.
Petitions shall contain or have attached thereto throughout their circulation the full
text ofthe ordinance proposed or sough to be reconsidered.
ill Affidavit ql circulator. Each paper of a petition shall have attached to it when filed
an affidavit executed by the circulator thereof stating that he personally circulated the
(CharterReviewCommittee/CharterReviewForm) 7
.......
...."
paper. the number of signatures thereon. that all the signatures were affixed in his
presence. that he believes them to be the genuine signature of the persons whose
names they pm:port to be and that each signer had an opportunity before signing to
read the full text of the ordinance proposed or sought to be reconsidered.
ill Time for filing referendum Detitions. Referendum petitions must be filed within
thirty (30) days after adoption by the council of the ordinance sought to be
reconsidered.
@ Procedure for filing.
ill Cert~ficate Ql clerk.: amendment. Within twenty (20) days after the initiative petition
is filed and five (5) days for a reference petition. the city clerk or other official
designated by the council shall complete a certificate as to its sufficiency. specifying.
if it is insufficient. the particulars wherein it is defective and shall promptly send a
copy of the certificate to the petitioner's committee by certified mail. return receipt
requested. Grounds for insufficiency are only those specified in subsection (c). A
petition certified insufficient for lack of the required number of valid signatures may
be amended once if the petitioners' committee files a notice of intention to amend it
with the clerk or other official designated by the council within two (2) days after
receiving the copy of the certificate and files a supplementary petition upon
additional papers within ten (10) days after receiving the copy of such certificate.
'3. Such supplementary petition shall comply with the requirements of subsections (c )(2)
and (c)(3) of section 3.13. and within five (5) days after it is filed. the clerk or other
official designated by the council shall complete a certificate as to the sufficiency of
the petition as amended and promptly send a copy of such certificate to the
petitioners' committee by certified mail. return receipt requested as in the case of an
original petition. If a petition or amended petition is certified sufficient. or if a
petition or amended petition is certified insufficient and the petitioners' committee
does not elect to amend or request council review under subsection (2) of this section
within the time required. the clerk or other official designated by the council shall
promptly present his certificate [which] shall then be a final determination as to the
sufficiency of the petition. .
ill Council review. If a petition has been certified insufficient and the petitioners'
committee does not file notice of intention to amend it or if an amended petition has
been certified insufficient. the committee may. within two (2) days after receiving the
copy of such certificate. file a request that it be reviewed by the council. The council
shall review the certificate at its next meeting following the filing of such request and
approve or disapprove it. and the council's determination shall then be a final
determination as to the sufficiency of the petition.
(CharterReviewCommittee/CharterReviewF orm) 8
'WI'
...",
W Re erendum etitions' sus ension 0 e ect 0 ordinance. When a referendum etition is filed
with the city clerk or other official designated by the council. the ordinance sought to be
reconsidered shall be suspended from taking effect. Such a suspension shall terminate when:
ill There is a final determination of insufficiency ofthe petition: or
ill The petitioners' committee withdraws the petition: or
ill The council repeals the ordinance: or
ill After a vote of the city on the ordinance has been certified.
ill Action on petitions.
ill Action bv council. When an initiative or referendum petition has been finally
determined sufficient. the council shall promptly consider the proposed initiative
ordinance in the manner provided in Article III or reconsider the referred ordinance
by voting its repeal. If the council fails to adopt a proposed initiative ordinance
without any change in substance within sixty (60) days or fails to repeal the referred
ordinance within thirty (30) days. it shall submit the proposed or referred ordinance
to the voters of the city.
ill Submission to voters. The vote of the city on a proposed or referred ordinance shall
be held not less than thirty (30) days and not later than sixty (60) days from the date
::.. the petition was determined sufficient. If no regular city election is to be held within
the period described in this subsection. the council shall provide for a special
election. exctWt that the council may. in its discretion. provide for a special election
at an earlier date within the described period. Copies of the proposed or referred
ordinance shall be made available at the polls.
ill Withdrawal Qf Detitions. An initiative or referendum petition may be withdrawn at
any time prior to the fifteenth (15th) day preceding the day scheauled for a vote of the
city by filing with the city clerk or other official designated by the council a request
for withdrawal signed by at least four (4) members of the petitioners' committee.
Upon the filing of such request the petition shall have no further force or effect and
all proceedings thereon shall be terminated.
(g} Results of election.
ill Initiative. If a majority of the qualified electors voting on a proposed initiative
ordinance vote in its favor. it shall be considered adopted upon certification of the
election results and shall be treated in all respects in the same manner as ordinances
of the same kind adopted by the council. If conflicting ordinances are approved at
the same election. the one receiving the greatest number of affirmative votes shall
prevail to the extent of such conflict.
(CharterReviewCommittee/CharterReviewForm) 9
....
""'"
ill Referendum. If a majority of the Qualified electors voting on a referred ordinance
vote against it. it shall be considered repealed upon certification of the election
results.
COMMENTS: Staff concurs.
ARTICLE IV - ADMINISTRATION
Section 4.01 - Appointment and qualifications of the city manager
Section 4.02 - Powers and duties of the city manager
Section 4.03 - Acting city manager
Section 4.04 - Creation of departments
Section 4.05 - City attorney
Section 4.06 - City Clerk
Section 4.07 - Personnel system
:.:J..
(a) All appointments and promotions of city officers and employees shall be made solely on the
basis of merit, fitness, and demonstrated ability.
(b) Consistent with all applicable federal and state laws, the city council shall provide for the
establishment, regulation, and maintenance of a personnel system including a personnel
advisory committee.
COMMENTS: Language change only, staff concurs.
Section 4.08 - Financial and purchasing procedures and regulations
Section 4.09 - Administrative code
Section 4.10 - Code of ethics
Section 4.11 - Resident requirements for certain city employees
The city manager, city attorney, city clerk, and all department heads shall reside within the
corporate limits of the city within six (6) months after the completion of the probationary period
(CharterReviewCommittee/CharterReviewForm) 10
~
......,
unless the requirement is waived by the city council. Except as to the city manager: the ~ city
council may waive the residency requirement if the waiver is deemed to be in the best interests of
procuring the services ofthe most qualified professional applicant. Council shall only grant waivers
under extraordinary circumstance 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 officer
hired prior to the effective date of this section unless the residency requirement found in Chapter
27532, Laws of Florida, Special Acts of1951, as amended, was applicable to such department head
or officer.
COMMENTS: Staff Concurs.
ARTICLE V - ELECTIONS
Section 5.01 - Electors
Section 5.02 - Nonpartisan elections
Section 5.03 - Qualification of candidates
Section 5.04 - Conduct of elections
Section 5.05 - Regular and primary elections
(a) Regular city election
(b) Primary election
Section 5.06 - Public Information
Dissemination of information and education of the public regarding City issues shall be
deemed a public pm:pose for which City funds may be expended. Principles of fairness and the Code
of Ethics shall govern the form and content of such efforts.
COMMENTS: Staff concurs.
ARTICLE VI - TRANSITION SCHEDULE
Section 6.01 - Continuation of former charter provisions
Section 6.02 - Ordinances and resolutions preserved
(CharterReviewCommittee/CharterReviewForm) 11
""""
...,
Section 6.03 - Rights of officers, employees and the city council
Section 6.04 - Pending matters
Section 6.05 - Severability and applicability
Section 6.06 - Effective date
Section 6.07 - Charter review
Every five (5) years after the adoption of this charter. the city council shall appoint a charter
review committee to review the city charter and recommend additions. deletions. or changes to the
city council for its consideration.
COMMENTS: Staff concurs.
Section 6.08 - Charter amendment
This charter may be amended in accordance with general law.
COMMENTS: Staff concurs.
::..
MINORITY REPORTS:
Based on the minority report from members of the Charter Committee, Staff recommends
that City Council consider the following addition:
Section 3.04 Elections and terms.
The term of office shall be for two (2) years, beginning at the next regular council
meeting after the election. The regular election of the City Council shall be held each year on
the date that would be established by the Florida Election Code. Elections for City Council
members representing district two (2), and four (4) and the Mayor shall be conducted in even
years. Elections for City Council members representing districts one (1) and three (3) shall
(CharterReviewCommittee/CharterReviewForm) 12
.
--
"'-"
be conducted in odd years.
COMMENTS: The consistency of City Council action can only be
accomplished if there is some continuity of elected officials.
:..
(CharterReviewCommittee/CharterReviewFonn) 13
'w
...
BUDGET ISSUES
Operatin2 Departments
Fire Department
· Signalization of Station #55 entrance at US I ($100,000)
· Dispatch upgrade (1 new position)
Police Department
· CAP Program ($60,000)
· Dispatch upgrade (share with Fire Department)
· Property acquisition (adjacent to Police Department)
Environmental Services Department
· Sewer system expansion to Airport area ($400,000)
· Reuse expansion, use of borrow pit for storage ($400,000)
· Utility relocation at SR 442 ($750,000)
· Resurfacing Program
· Paving Program
· Property acquisition (adjacent to Public Works and adjacent to Water Plant)
Parks & RecreationlMaintenance Department p..:,,~. c(a....l;u" - ('.:, j fj);'(
· Completion of new recreation facility
· Staffing of new facility or contract with YMCA for operation
· Initiate development of 26 acre park site
Planning Department
· Update Comprehensive Plan (consultants)
· Mapping services - GIS system (staff or consultants)
· Continuation of contract concerning Engineer of Record services
Building Department
· Code enforcement expansion (possible part-time employee)
'w
.....,
Support Departments
City Attorney
· Continuation of contract legal services
City Clerk
· Expansion of advertising costs concerning first reading of all ordinances
City Manager
· Full-time manager position
Finance
· Computer services, either a new staff person or contract for service
· Expansion of purchasing system
· Possible expansion of staff with part-time employee
Personnel
· Update Personnel Policies
· Update classification systemlbroad banding
· COLA or merit FY99100
Miscellaneous Issues
· Zero-base budget for all boards and memberships
· Pension Boards must provide budget information
· Vehicle replacement - mechanical review of used vehicles
· Establish listing of official holidays and City Hall closings
· Insurance estimates/bids
· Computer upgrade to Windows 98 - Citywide
· HTE - CAD system for dispatch
· Bonus/incentive plan
· 3- Year Capital Budget
4/19/99
c:notes\budget.fyO
Page -2-
'-'
'.....
WORK SESSION
Budget Schedule
May 17-21st
Budget Committee Review of
Department's proposed budget
June 21st
City Council to receive
proposed budget
July 7th
City Council Work Session
(General Fund)
July 8th
City Council Work Session
(Enterprise Fund)
August 2nd
City Council authorize advertisement
of proposed tax rate
Sept. 13th
1st Public Hearing
Sept. 27th
2nd Public Hearing
~~~
C,\
(' .,') ~ '\,
. .'.. ''''', -"",", '-----
THE CITY OF EDt1EWATER
POST OFFICE BOX 100-EDGEWATER, FLORIDA 32.132-0100
. Mayor Randy G.Allman
District 1 Councilman James K. Gornto
District 2 Councilman Myron F. Hammond
District 3 Councilman Gary W. Roberts
District 4 Councilwoman Judith R. Lichter
City Manager Kenneth R. Hooper
City Attorney Nikki Clayton
City Clerk Susan J. Wadsworth
June 16, 1999
-PUBLIC NOTICE-
A workshop session will be held with the City Council of Edgewater at 6:00 p.m., Monday,
June 21, 1999, in the Community Center prior to the regular Council meeting. The purpose of the
'.. :'~,
workshop is to present an opportunity for the City Council to discuss the recommendations on the
Charter Review Committee report.
:lizm
c:\meetings\wkshop06.219
CITY MANAGER'S OFFICE
104 NORTH RIVERSIDE DRIVE
(904)424-2404 FAX-(904)424-2421