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05-31-1982 - Special u (.J CITY OF EDGEWATER CITY COUNCIL SPECIAL MEETING May 31, 1982 Mayor Christy called the Special Meeting to or~er at 7:10 P.M. in the Community Center. The purpose of the Speclal Meeting was to consider and act upon Ordinance 82-0-18A. Rev. Hardin gave the Invocation. There was a salute to the Flag. -ROLL CALL Mayor Robert Christy Councilman Jacob Lodico Councilman David Ledbetter Councilman Wilbert Pendleton Councilman John Wilbur Present Present Present Present Present City Atty. Clay Henderson Atty.. Pro Tern M.J.Henderson City Mgr. Joseph Mitchell City Clerk Nancy Blazi Police Chief Earl Baugh Present Present Present Present Present Mrs. Henderson read Ordinance 82-0-18A by title only. AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA CALLING A SPECIAL MUNICIPAL ELECTION FOR THE CITY OF EDGEWATER, FLORIDA, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS THEREOF A NEW HOME RULE CHARTER FOR THE CITY OF EDGEWATER, FLORIDA, BEING AN AMENDMENT TO ALL OF THE PRESENT CITY CHARTER; PROVIDING FOR THE CREATION AND POWERS OF THE MUNICIPALITY, A LEGISLATIVE BRANCH, AN ADMINISTRATIVE BRANCH, A MERIT SYSTEM FOR PERSONNEL, A DISTRICTING COMMISSION, CONFLICT OF INTEREST PROHIBITIONS, AND PROVISIONS FOR ELECTIONS, AMENDMENTS BY PETITION AND TRANSITION; FURTHER SUBMITTING TO THE ELECTORS TWO OPTIONS FOR ELECTING A CITY COUNCIL AND MAYOR; PROVIDING FOR A FOUR ZONE CITY COUNCIL AND MAYOR ELECTED BY ALL ELECTORS, OR PROVIDING FOR ELECTION OF FIVE ZONE CITY COUNCIL WHO SHALL SELECT A MAYOR; FURTHER PROVIDING FOR INSTRUCTIONS TO ELECTORS; PROVIDING THAT THE SPECIAL ELECTION SHALL BE UNDER THE DIRECTION OF THE SUPERVISOR OF ELECTIONS; PROVIDING FOR PUBLICATION AND NOTICE OF ELECTION AS PROVIDED BY LAW; PROVIDING FOR A PUBLIC HEARING AND ADVERTISEMENT OF THIS ORDINANCE, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Mr. Clay Henderson spoke concerning the procedure that has been followed regarding the ordinance. He also gave a brief summary of the charter history of the City. Mr. Henderson added that the proposed charter brings up to date t.he obsolete sections of the present charter. He noted the special section on conflict of interest and added that the charter allows the citizens to limit the power of the governing body. He also spoke about various lawsuits' that have led to the necessity to research and revise the present charter. The proposed charter contains regulations on the city manager form of government, certain matters presently covered by State law, sections of the present charter still in force, and sections of the model charter prepared for Florida municipalities that was used as a guide by the Charter Commission plus a few sections that are brand new. Mrs. Shirley Mason, Chairperson for-the Charter Commission spoke regarding the work of the commission, the procedures they had followed in preparing the proposed revised charter and urged the Council to adopt the ordinance and the citizens of Edgewater to support the revised charter. Mayor Christy opened the meeting for a Public Hearing on the proposed ordinance. Mr. Garthwaite spoke concerning the question of the word "shall" that appears to be mandatory, the conflict of interest section, emergency 1b ordinances (it was explained that it would take 2/3 vote of all the Council and the City Attorney pointed out the additional restrictions placed on emergency ordinances in the new charter), contract for manager and hiring of Police Chief. \,j u c.) Mr. Bud Wright, Chairman of Involved Voters of Edgewater, told the Council that IVE Board had unanimously endorsed the new charter and also the option calling for a five zone Council. Mr. Jack Spencer, Pres. Florida Shores Property Owners Assoc., commended the Charter Commission for the fine work they have done in preparing the revised charter and wished them success in the completion of their task. He urged the Council to approve this proposed new charter. Mr. Don Kenyon talked about the tenure of the City Manager and also said he felt the Police Chief and City Clerk should be appointed by the Council. Mrs. Cichewicz questioned the removal or suspension of any city employee by the manager and said she felt this should be with the approval of the Council. Mr. Dan Holahan spoke in favor of the proposed charter and urged the Council to vote unanimously for this revised charter and recommended that the voters of Edgewater also vote yes for the new charter. Mr. Walter Gross told the Council that he was against the proposed charter. He questioned the City Attorney on the powers the revised charter gives to the City Manager. Mr. Henderson responded by pointing out that the City Council could give the manager any powers they wish to and also a contract for an unlimited period of time under the present charter but the revised charter limits the powers of the manager and Council. Mrs. Alice Murphy questioned the anti-nepotism section and also spoke about the original charter commission who were dismissed without a public hearing which she feels was an infringement on their civil rights. Mrs. Kirn told the Council that she had confidence in the people who had worked on the proposed new charter and accepted their recommendations. Mr. Frank Opal referred to Article VIII Transition - Chapter 27532, Laws of Florida and spoke about an Edgewater charter law referring to annexation which he said could only be done by referendum. He spoke 2a about previous amendments passed by referendum in 1957. Mayor Christy reminded Mr. Opal that the subject under discussion was the ordinance on the proposed charter and he should stay with this subject during this public hearing. Mrs. Pendleton spoke to the Council commending the Charter Commission on all the work they have done to prepare this new charter. There were no further comments from the audience. Mayor Christy closed the Public Hearing. Ordinance 82-0-18A was read again by title only. Councilman Lodico motioned to adopt this ordinance, seconded by Councilman Pendleton. City Attorney Henderson advised the Council that if they wished to make any amendments to the ordinance they could do so at this time. The purpose of the public hearing was to determine whether or not there was a need to amend the ordinance. He also advised the Council that the Ordinance provides that the Supervisor of Elections shall determine the means by which this would be submitted to the voters. It was assumed that the basic document would be presented as question One and questions A and B would be mutually exclusive options to be voted on by the people. However, we have been informed that the machine cannot take the concept of options. We would not be able to get an accurate reading of the vote. The City could go to paper ballot or the questions can be changed. The Council could take some time to consider this and still be within the legal time frame for advertising for the July election. It was decided that the Council would take up the question of the ballot at the June 7, 1982 Council Meeting. Upon roll call the motion to adopt the Ordinance CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO. Special Council Meeting 5/31/82 - 2 - ~ .. .. <..) C.) Councilman Pendleton motioned to adjourn the Special Meeting, seconded by Councilman Ledbetter. The meeting was adjourned at 8:30 P.M. Minutes submitted by Nancy Blazi ~~'/ - ~. c:::::.---= q Mayor (?l"" ~ r:-\ ~j() / '--ilncilt;[Jl ctr 1)~~ ~ 9cl~~~ 'e6uncilman ~ ~ ATTEST: ...... 2:1i~ ,1~ of Special Council Meeting 5/31/82 - 3 -