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06-30-1998 . . o o ..~ ~~N. .,~e'iY "W\ l .:.> C.... "' . y' . ~. .... l ~ l ~ .: l .... .... ~ ~'. .' l ''':..~' [ 1 ;:.'.l ./ >/ / Y..... . ~~... ""Y"~".... ~ ~.. ~~~. -..~.. .'./ C....:::; {" ,.. ~.' / - ---................... <~l CITY OF EDGEW A TER June 30, 1998 Meeting Minutes The June 30, 1998 meeting of the City of Edgewater Charter Review Committee was called to order at 3:41 p.m. in the City Hall Conference Room. Call To Order: Meeting was called to order by the Secretary. Members present were George Ewing, Ferdinand Heeb, Michael Nattress, Sandy Jones and Wolfgang Unger. Also present were Robin Wolf, Committee Secretary and Nildci Clayton, City Attorney. Councilman Gary Roberts arrived at 5:05 p.m.. Residents of Edgewater, Mr. Keenan and Mr. Garthwaite were also present Approval of Minutes: Mr. Heeb made a motion with second by Ms. Jones to approve the June 23, 1998 minutes. Motion to approve was carried 5-0. Old Business: City Attorney Nikki Clayton gave the Committee an update regarding her research on the proposed petition and newsletter additions submitted by Mr. N attress. After discussion it was decided to table both issues until the next meeting where Ms. Clayton will have obtained additional case law on the subject matter. Mr. Unger had proposed that the Council (by a vote of 4 or 5) should have the authority to rectify the action or inaction of a city manager. Mr. Unger further explained that Council should be able to take action if the manager did not do his job - for example: if council wanted a department head fired and if the manager refused to take action, council could then take over and fIre the department head. During discussion, there was mention that this type of situation has the potential of being politicized; that council is there to guide the city and then there is someone that runs the day to day operation. Mr. Unger did state that this would only be used in an extreme situation. A hiring or fIring a department head would not be a day to day operation; it would be occasional. (CharterReviewCommittee/Minutes-June30, 1998) . . o o Charter Review Committee June 30, 1998 Page 2 Old Business (continued) Ms. Clayton explained that the city manager, city attorney and city clerk could be terminated by council with or without cause on any given day. The city manager should have the same with his department heads. The city manager should have the ability to hire and fire his department heads and they should be "at will" employees - the same as the manager, attorney and clerk with Council. Ms. Clayton's concern with the proposed 5-0 vote to override a veto, she has seldom seen a situation like that in her experience and you essentially given each Council member a veto power. The majority vote is a way of reconciling. If you put a 5-0 vote into a Charter, that's a paralysis kind of mandate. Ms. Clayton made note that she was only giving some context and background and not promoting one position or the other. After discussion by the Committee, Mr. Ewing passed the gavel to Vice-Chairman Ferd Heeb. Mr. Ewing then made a motion with second by Mr. N attress that the Charter should reflect that the city manager can hire and fire department heads with council approval (same language as that reflected on page 55, paragraph (b) of the New Smyrna Beach Charter). Motion was denied by a 4-1 vote (Mr. Ewing was the single vote for the motion). Mr. Unger then asked that for his issue of Council having the authority to act to rectify the action or inaction of a city manager by a vote of 4 or 5 to be included as a minority issue report. New Business: Mr. Ewing brought back the residency issue for department heads. It was explained that what had been approved was that Council could still approve a waiver of residency with the exception of the city manager. Mr. Ewing brought up the limit on debt. It was discussed that this had been decided that 3/4% of a percent of the total assessments. Minimum in cash reserves, Mr. Ewing thinks that we should have a minimum and maximum in cash reserves listed in the Charter somewhere. Discussion regarding approximately six million in the general fund budget. Suggestion of a 2 month minimum and a 3 month maximum in reserve. Ms. Clayton informed the Committee of the various types of insurance the City now carries. Ms. Clayton informed the Committee that most audit firms generally light to see 25% reserves. Mr. Heeb would like it to be reflected by months not percentages. Ms. Clayton informed the Committee that Mr. Hooper will be addressing this matter at the hearings on the 13th and 14th of this month. We currently have close to 50% in reserves and it is going towards the fIre station and gymnasium. Councilman (CharterReviewCommitteelMinutes-June30, 1998) . . u o Charter Review Committee June 30, 1998 Page 3 Roberts informed the Committee that after these projects we should still have about one million. Mr. Nattress thinks that these figures are too high. Ms. Clayton will get some clarification on these figures and possibly ask Mr. Hooper to attend the next meeting for his ideas and explanation. Mr. Ewing brought up a review of the Charter on a 5 year term. Mr. Heeb made a motion with second by Mr. Nattress that the Charter contain a provision that requires its review on 5 year cycles. Motion carried 5-0. Mr. Ewing brought up for discussion the 2 term limit issue; citizen comments at council meetings and vote by districts. Mr. Ewing stated that he still would like a 2 term limit. During discussion, it was decided the section to remain "as is" which was voted on in April. Mr. Ewing feels that Council is currently violating the Charter on citizen comments. Citizen comments at the beginning and directly prior to adjournment. Mr. Unger reminded Mr. Ewing that the Committee approved that the citizens may speak on agenda matters at the time it is before Council. Mr. Ewing again brought up that Council is violating the Charter. Ms. Clayton informed the Committee that a previous Council passed an Ordinance stating how the agenda would be and citizen comments as to agenda items would be at the beginning and comments on anything would be at the end of the meeting. Councilman Roberts clarified as to why the previous Council had done this. The Charter gives the Council the authority to set up the agenda. Mr. Unger suggested that it should be where the agenda items be completed first and then have comments later, get the business done first. Councilman Roberts suggested that the business should be taken care of in a timely manner and then let citizens speak on any issues. Mr. Ewing again brought up that citizen comments are not directly prior to the end, they are before the officer reports, citizen comments should be after the reports. Mr. Ewing state that this should be changed. Ms. Clayton stated that she did not think that anyone would have any opposition to re-ordering that and that it could be brought up at the next Council meeting. Mr. Ewing thinks this can be changed without any vote. Mr. Ewing Vote by districts, Mr. Heeb reminded Mr. Ewing that this item had been discussed previously. It was also mentioned that single member districts cost less. During discussion the secretary informed the Committee that during the February 17th and April 21 st meetings, the section was "as is". Mr. Heeb suggested that a "draft" be prepared of the Charter with changes for review by the Committee at the next meeting. (CharterReviewCommittee/Minutes-June30, 1998 ) U Charter Review Committee June 30, 1998 o Page 4 Ms. Clayton will make sure the cash reserve issue will be inserted with suggestions by the auditors along with the proposal on the petition and newsletter issued submitted by Mr. Nattress. Mr. Unger wanted to make sure his proposal would be included in the minority report. Next meeting ofthe Charter Review Committee is scheduled for Thursday, July 16, 1998 to be held at 3:30 p.m. in the City Hall Conference Room. Ms. Clayton informed the Committee that she will not be able to attend the meeting on July 16th the documents will be here for review purposes by the Committee. Ms. Clayton will return on the 22nd of July. Ms. Clayton will try to have the documents prepared by July 8th. Public Comments: None Adjournment: After a motion by Ms. Jones, the meeting adjourned at 5:48 p.m.. Respectfully submitted, Robin Wolf Committee Secretary (Charte rReviewCommittee/Minutes-June30, 1998)