11-09-2015 104 N.Riverside Drive
City of Edgewater
Edgewater,FL 32132
cite of
-EUGEWA.TER Meeting Minutes
Charter Review Committee
Monday,November 9,2015 6:30 PM Council Chambers
1. CALL TO ORDER
Chair Penalta called the meeting to order at 6:31 p.m., and discussed the process the committee
would follow to review the Charter.
2. ROLL CALL
Present 4- Board Member Alexander Penalta,Board Member Jack Wrightington,Board Member
Mark Morse and Board Member Richard Petersen
Absent 1- Board Member Carl Gundum
Also Present: 4-City Manager Tracey Barlow,Finance Director John McKinney, Assistant City
Attorney Michael Ciocchetti, and Deputy City Clerk Mitch Honaker.
3. APPROVAL OF MINUTES -Regular Meeting,October 12,2015.
A motion was made by Member Wrightington, second by Member Petersen, to adopt the
meeting minutes of October 12, 2015. The MOTION was APPROVED by the following
vote:
Present 4- Board Member Alexander Penalta,Board Member Jack Wrightington,Board Member
Mark Morse and Board Member Richard Petersen
Absent 1- Board Member Carl Gundum
4. CHARTER REVIEW
CRC members and staff discussed: taking staff's and Council's recommended changes to the Charter
into consideration as they conduct the Charter review, starting from page 1; "Section 1.01. General
Powers.; the two (2) recommended "height limitation options; and, whether to vote on each item
individually, or list out the changes that were concurred upon, and then bring them back at the next
meeting for a vote.
After discussion, the Charter Review Committee unanimously concurred to recommend Option
Number 2, redefining the thirty five (35)foot height, under Section 1.01. General Powers.
Assistant City Attorney Ciocchetti recommended to the CRC members that they concur on each of
their recommended changes; he would then go back and make the edits; prepare a final product for
their next meeting that they could vote on as a whole; and they could forward that to Council as their
recommended changes to the Charter.
CRC members and staff discussed: preparing an edited clean version of the Charter to Council,
along with a listing of each recommended change, by section, with the recommended language that
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Charter Review Committee Meeting Minutes November 9,2015
electoral voters would vote on; staff putting together an Ordinance which would include the ballot
language for Council to consider at two (2) public hearings; and they discussed the public hearing
process, where residents have an opportunity to voice their opinions before the Council votes on the
ordinance.
CRC members, and staff discussed "Section 3.01 Composition.", and whether or not to recommend
changing from "At Large'; to "by District"elections.
During their discussion, they asked District 4 Councilman Gary Conroy, 3107 Queen Palm Drive, to
provide his input on 'At Large"and"District"voting; and the voting process used in Edgewater.
CRC members, staff, and Councilman Conroy discussed.- current voter confusion on whether or not
they vote by District or At Large, and the need to educate voters.
CRC members, and staff also reviewed a handout provided to them that depicted how other cities in
Volusia County vote, either At Large, or By District, or a combination of both; the County
switching to electronic voting; the minimal costs effect of switching to "District" voting, and not
letting costs influence their recommendation; community growth, and the pros and cons of voting 'At
Large", or by "District"; most cities out of the municipalities that responded vote 'At Large";
"District" voting providing local accountability to residents; and the costs of running a campaign.
Councilman Conroy stated "if it ain't broke, then don't fix it", and that the current 'At Large" voting
is beneficial to both candidates, and Council members who are very involved with the Community;
and Mr. Ciocchetti read a prepared revision to Sec. 3.01 that he drafted after the CRC's discussion
from their previous meeting;
After discussion, the Charter Review Committee concurred, by a majority, to recommend changing
Sec. 3.01. to the Mayor being elected'At Large", and Council members elected by 'District".
CRC members, and staff discussed.- "Section 3.02. Districts", and the previous Charter Review
Committee putting in their minutes requesting the next CRC to review whether or not there needs to
be an increase in the number of Edgewater's voting districts; Restorations, Edgewater's current and
future growth; population density; waiting five (S) years and then reviewing the need again; staffs
recommendation to conduct Charter reviews every 10 years instead of every five (S) years, and
staying with a five (S) year review to better analyze Edgewater's growth, versus the number of needed
Districts.
After discussion, the Charter Review Committee concurred, not to recommend changing Sec. 3.02.
CRC members and staff discussed.- "Section 3.04. Elections and terms: term limits; transition rules",
and accepting staffs proposed changes in Sec. 3.04.
CRC members and staff discussed accepting staffs recommended changes, and adding 'four years"
to the language for each term.
After discussion, the Charter Review Committee concurred, to recommend staffs changes to Sec.
3.04, and to add'four years"to the language for each term,pursuant to 3.04. (a), (2).
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CRC members and staff discussed: "Section 3.05. Compensation", the salary comparison data
collected thus far from other Volusia County cities; the City Manager having staff collect the data
from the remainder of the cities to try and determine the mean, maximum, and minimum, and per
capita per City population.
After discussion, the Charter Review Committee concurred, to have staff collect the salary data from
the remainder of the cities, and to review Sec. 3.05 at the next CRC meeting.
CRC members and staff discussed: "Section 3.08. Prohibitions'; and staffs recommended
paragraph "(b) Limitation of employment of Council.'; the language being common in other city's
Charters; the stipulation currently being in a City policy, but not in the Charter; and the voters
deciding whether or not it should be apart of the Charter.
CRC members, and staff discussed: legalities of changing a Charter's section numbering; Mr.
Ciocchetti advising the CRC if any of their recommendations seem out of place; brevity and clarity in
preparing the recommended Charter changes, reducing the verbiage, and simplifying terms whenever
possible; not rewording charter language, just to change it, but to change it when there is something
the public needs to vote on it.
CRC members and staff discussed: "Section 3.08. Prohibitions", paragraph "(e) Limitation on
borrowing.'; and staffs recommended changes.
Their discussions were oriented around the current, and proposed Charter language, and Finance
Director John McKinney's staff presentation, which provided clarity on some of the financial
language currently in the Charter; discussed staffs recommended changes; the greater flexibility
that the changes would provide the City Manager and Council to handle the City's general fund debt;
answered CRC members questions pertaining to the changes; and discussed possibly
administratively moving(e)Limitations on borrowing to Section 4.08.
After discussion, the Charter Review Committee concurred, to accept staffs recommended changes to
Sec. 3.08.
CRC members and staff discussed: "Section 3.09. Vacancies; forfeiture of office; recall; filling of
vacancies.", sub section (2), under paragraph (b) Forfeiture of office."; violating the code of conduct,
and having been suspended from office by the Governor; reasons why the changes are being
recommended, who would make the recommendation to the Governor; the vagueness of the current
due process; not creating another barrier to get rid of a bad Council member; the Charter not
currently providing an apparatus for getting rid of a bad council member; having the attorney
research the process to use, if the CRC does not recommend waiting until after the Governor
suspends a Council person; and having the attorney draft up some language that would keep the
process at the local level.
After discussion, the Charter Review Committee concurred, to accept all of staffs recommended
changes to Sec. 3.09, except for Sec. 3.09, paragraph (b), "(2) Forfeiture of office.'; which will be
tabled until the next meeting, to provide Mr. Ciocchetti time to research the issue.
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CRC members, staff, and Councilman Conroy, discussed: "Section 3.13. Initiative and referendum.
Paragraph "(c) Petitions.; candidates collecting signatures to qualify to run for Council instead of
paying a qualifying fee; and holding the discussion until the CRC discusses Article V. Elections.
CRC members and staff discussed: Article IV Administration, "Section 4.01. Appointment and
qualifications of the city manager."; city manager qualifications not being spelled out in the Charter;
qualifications being stated in various publications, such as the Department of Labor's book on job
titles, codes, and their duties; city manager qualifications being stated under Sec. 4.02 Powers and
duties of the city manager, paragraphs (1) through (12); and the Charter not being a flexible enough
document to provide changes to a city manager's qualifications to meet the changing needs of the
Council.
CRC members, and staff compared, Article III City Council, Sec. 3.08. Prohibitions., paragraph
(e) Limitations on borrowing, and paragraph 69 Reserves; to Article IV Administration, Section
4.08. Financial and purchasing procedures and regulations; Sec. 4.08. Financial and purchasing
procedures and regulations; and discussed reasons to administratively move, or not, to
administrative move paragraphs (e)and(�from Sec. 3.08 to Sec. 4.08.
CRC members and staff discussed: Article IV Administration, "Sec. 4.11. Residency requirements
for certain city employees."; providing language for preference to veterans, City residents, and
putting the burden of proof on the City to prove there are no qualified applicants to fill an open
position; what positions Sec. 4.11 actually applies to; the last sentence of Sec. 4 11 providing a
grandfather clause for current employees; providing the best qualified person to provide services for
Edgewater's residents; trying to provide first priority to employing people from the City; Federal
Statute requiring to provide veterans preference in the City's hiring processes; defined who are the
Council's Charter officers in accordance with the City Charter; when residency requirements can be
waived; provisions in the Charter for which employee positions are required to live in the City; the
City's hiring standard should always be the most qualified, professional candidate, with a goal of
hiring from City residents; the Charter being a City's Constitution, and being careful not to put
hiring policies in the City Charter; current City hiring policies; and the numerous, and ever
changing variables involved in the hiring process, making it difficult to put hiring language in the
City's Charter. Mr. Barlow recommended the CRC making a suggestion to Council to add an
"internal" hiring preference policy, that directs the City Manager to consider hiring qualified
Edgewater applicants first, secondary to Veterans preference, prior to considering other applicants,
for all positions.
After discussion, the Charter Review Committee concurred, not to make any changes to Article IV
Administration, however, the CRC would provide a written suggestion to Council to establish a
policy to provide a hiring preference to City residents, second only to the Federal Statute on
Veterans preference.
CRC members and staff discussed. Article V Elections, "Section 5.03. Qualifications of
candidates; and Chair Penalta asked Councilman Conroy to restate his recommendation.
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Councilman Conroy stated, that in lieu of paying the one (1) percent qualifying fee, a potential
candidate could submit a percentage of signatures on petitions that would be reviewed and qualified
by the City Clerk, that they are Edgewater voters; with the intent of maybe getting more people to run
for City Council and to get involved.
CRC members, and staff discussed.- candidate qualifying not being addressed anywhere in the
Charter language; Sec. 5.03. Qualifications of candidates., paragraph (d) stating "the candidate
shall also comply with all other requirements of the election laws of the State of Florida applicable
to candidates for municipal office"; not establishing a conflict of laws by putting a fee waiver in the
Charter; State and County, candidate qualifying requirements; and reaching out to Volusia County
to determine what candidate qualifying requirements are, and bringing the information back to the
CRC, to determine if the City has jurisdiction; and that the County.
After discussion, the Charter Review Committee concurred, to have Mr. Ciocchetti, and City
Manager research information pertaining to turning in signed petitions, in lieu of paying the
qualifying fee; and for them to bring back their findings at the next CRC meeting.
CRC members and staff discussed: Article VI Transition Schedule, "Sec. 6.07. Charter review';
and whether or not to switch from five(5)year, to 10 year Charter reviews.
After discussion, the Charter Review Committee concurred to stay with five(5)year Charter reviews.
City Manager Barlow, and Assistant City Attorney Ciocchetti, reviewed all of the changes and tasks
that the CRC concurred to.
CRC members and staff discussed.- moving sub paragraphs (a) through (e), located under Article I.
Powers, "Sec. 1.01. General Powers; to a new section, and titling it "Sec. 7.01. Building Height
limitations':
After discussion, the Charter Review Committee concurred to place the building height information
found under Article I. Powers, "Sec. 1.01. General Powers, under a new Charter section,
numbered 7".
5. ADJOURN
There being no further business to discuss, Chair Penalta adjourned the meeting at 8:30 p.m.
Minutes submitted by:
Mitch Honaker, Deputy City Clerk
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