01-13-2020 ���,� �/ 104 N. Riverside Drive
"�` C�t1 �f EdgeWater Edgewater, FL32132
�-� '� ��_�-_.�
�„
��GEtivATER Meeting Agenda
��
Charter Review Committee
Monday,January 13,2020 4:00 PM Council Chambers
We respectfully request that all electronic devices are set for no audible notification.
1. CALL TO ORDER,ROLL CALL
2. APPROVAL OF MINUTES
a. Minutes of the December 16, 2019 Charter Review Committee Meetinq
Attachments: Minutes- 12-16-19
3. DISCUSSION ITEMS
a. Final review of Charter Sections for modifications
4. ADJOURN
Piirsiiant to Chapter 286, F.S., if an individiial decides to appeal any decision made with respect to any
matter considered at a meeting or hearing, that individiial will need a record of the proceedings and
will need to ensiire that a verbatim record of the proceedings is made. The City does not prepare or
provide siich record.
In accordance with the Americans with Disabilities Act,persons needing assistance to participate in any
of these proceedings shoiild contact City Clerk/Paralegal Robin L. Matiisick, CMC, 104 N. Riverside
Drive, Edgewater, Florida, telephone niimber 386-424-2400 x 1101, S days prior to the meeting date. If
yoii are hearing or voice impaired, contact the relay operator at 1-800-955-8771
One or more members of City Coiincil or other advisory boards may be present.
City of Edgewater Page 1 Printed on 1/8/2020
�'+ } } 104 N. Riverside Drive
,;.,� l.��ly �f EdgeWC�ler Edgewater, FL32132
�!_
EDGEINATER
Legislation Text
File #: AR-2019-4620, Version: 1
COUNCIL AGENDA ITEM
SUBJECT:
Minutes of the December 16, 2019 Charter Review Committee Meeting
DEPARTMENT:
City Clerk/Paralegal
SUMMARY:
Approve the minutes of the December 16, 2019 Charter Review Committee Meeting
City of Edgewater Page 1 of 1 Printed on 1/8/2020
104 N.Riverside Drive
� ������ � City of Edgewater E�ewat�,FL3z�3z
�� ���
�,�G�,'v!vATER Meeting Minutes
Charter Review Committee
Monday,December 16,2019 4:00 PM Council Chambers
1. CALL TO ORDER, ROLL CALL
Present 5- Board Member Ken Hooper,Vice Chair John McKinney,Chairperson Gigi Bennington,Board
Member Eric Rainbird and Board Member Pat Card
Also Present 3 - City Attorney Aaron Wolfe,Record Clerk Haley Walker and City Manager Glenn Irby
2. APPROVAL OF MINUTES
AR-2019-4526 Minutes of the November 4, 2019 Charter Review Committee Meeting
A motion was made by Board Member Card, second by Vice Chair McKinney, to approve
Minutes of the November 4, 2019 meeting. The MOTION was APPROVED by the following
vote:
Yes: 5- Ken Hooper,John McKinney,Gigi Bennington,Eric Rainbird,and Pat Card
3. CHARTER REVIEW
Section 3.08 -McKinney inade reference where wording should be siinplified and changed to the 1%.
Need to go back to Section 3.08(d) Liinitations on Borrowing - McKinney stated he had previously inade
a proposal to siinplify this and inake it to 1%. McKi�ney read what City Manager Irby had provided on
what inoving froin .75 to 1% would do and he still feels that this would be a good thing and I did
coininunicate as such with Mr: Irby. McKinney believes we should stay with what he had stated
previously "that the City of Edgewater shall not incur additional debt of inore than 1% of the net taxable
value unless such debt is approved by referenduin of the eligible voters of the city in a general or special
election".
Hooper brought up that the City Attorney was going to review the la�guage.
McKinney - here was the actual inotion "that the City of Edgewater shall not i�cur additional debt of
inore than 1% of the net taxable value in accordance with applicable state statutes unless such debt is
approved by refere�duin of the eligible voters of the city in a general or special election".
Rainbird agreed with discussion
A motion was made by Vice Chair McKinney, second by Board Member Hooper, to approve
section 3.08 - that the city of Edgewater shall not incur additional debt of more than 1% of
the net taxable value in accordance with applicable state statutes unless such debt is
Cit�•of EdgeH�ater Page 1 Printed on 1/8/2020
Charter Review Committee Meeting Minutes December 16, 2019
approved by a referendum of the eligible voters of the city in a general or special election. The
MOTION was APPROVED by the following vote:
Yes: 5- Ken Hooper,John McKinney,Gigi Bennington,Eric Rainbird,and Pat Card
Section 4.04 Creation of Departments
A motion was made by Vice Chair McKinney, second by Board Member Card, for Section
4.04 for both the city clerk and city attorney section to read as follows "the city council
shall by 4 or more votes of it's total membership appoint a city clerk or city attorney and
establish the terms of employment and fiY the level of compensation. The city council
shall by 4 or more votes of total membership terminate a city clerk or city attorney. The
MOTION was APPROVED by the following vote:
Yes: 4- Ken Hooper,Jolm McKinney,Gigi Bennington,and Pat Card
No: 1 - Eric Rainbird
Section 4.07 Personnel system
4.08 - leave as is
Adininistrative Code - leave as is but needs to be updated as it refers to boards that do not exist - not a
charter issue - leave as is and update
Section 4.10 - leave as is
Section 4.11 - Residency - Meinber Card and Chair Be�nington are not coinfortable with it as it is,
Meinber Card stated an alternative would a length of tiine rather than residency; Chair Bennington stated
it would be the ainount of tiine to get here. Police Chief would be one we want to be a resident.
Meinber McKinney stated thatyou inight not want the one who is responsible for law enforceinent would
want hiin to reside here - you would want to strike this in its entirety. After further discussion and
conversation with the Mayor; Mayor suggested leaving the waiver in. City Attorney stated that it read "a
waiver for everyone except the city inanager"just to be clear: It was deterinined- leave as is
Section S.0 -Elections - leave as is
Section 5.01 - leave as is
Section 5.02 - leave as is
Chair Bennington brought up that the Coininittee had inentioned that a candidate should live within the
city for at least two years. City Attorney stated that this had been researched and this requireinent has
been struck down by the court and advised to leave the requireinent at one year as the one year has been
upheld by the Florida Supreine Court.
Section 5.03 - leave as is
Cit�•of EdgeH�ater Page 2 Printed on 1/8/2020
Charter Review Committee Meeting Minutes December 16, 2019
Meinber Hooper suggested leaving Article S as is however Meinber McKinney said he had two iteins to
discuss.
Meinber McKinney discussed-Itein #1 - like with the city inanager; we should have the saine thing that a
candidate cannot have any relative as defined by state statute be einployed with the city. City Attorney
will research this itein. Itein #2 - candidate cannot be an einployee of the city, City Attorney stated this
would be dual office holding and already prohibited. Meinber Hooper brought up that no one can be
dating, living with, etc. an einployee.
Meinber McKinney suggested - Section 5.03(e) to state "no relative or significant other of a city council
person inay work for the city"
Reviewed the iteins that the City Attorney is reviewing for the Coininittee - can a charter prevent the
following-
1) can the charter prohibit a candidate that has a relative einployed by the city
2) can a charter prevent a council ineinber froin having a personal relationship with an einployee of the
city
3) can a charter prevent a relative or significant other froin being einployed by the city
A motion was made by Board Member Hooper, second by Board Member Card, leave
section 4.07 alone. The MOTION was APPROVED by the following vote:
Yes: 5- Ken Hooper,Jolm McKinney,Gigi Bennington,Eric Rainbird,and Pat Card
Section 5.04
5.04 - Conduct of elections
S.OS -Regular and priinary elections
5.06-Public inforination
Nothing else in Article S, inove to Article VI Transition Schedule - which has nothing we need to
address - leave as is.
Discussed to change ineeting to one not prior to a Council ineeting, it was suggested to have the next
ineeting on January 13th.
A motion was made by Vice Chair McKinney, second by Board Member Hooper, to add
section 5.03(e) to read as follows "state that no relative or significant other of a potential
council person may work for the city of Edgewater and to table until the research is done
by the City Attorney. The MOTION was APPROVED by the following vote:
Yes: 5- Ken Hooper,Jolm McKinney,Gigi Bennington,Eric Rainbird,and Pat Card
4. ADJOURN
Cit�•of EdgeH�ater Page 3 Printed on 1/8/2020
Charter Review Committee Meeting Minutes December 16, 2019
There being no further business to discuss, Meinber Card inade inotion to adjourn at S:07 p.in.
Minutes subinitted by:
Haley Walker; Records Clerk
ATTES'T.�
APPROVED:
Robin Matusick, City Clerk/Paralegal Gigi Bennington, Chair
Cit�•of EdgeH�ater Page 4 Printed on 1/8/2020
�'+ } } 104 N. Riverside Drive
,;.,� l.��ly �f EdgeWC�ler Edgewater, FL32132
�!_
EDGEINATER
Legislation Text
File #: AR-2019-4621, Version: 1
BOARD AGENDA ITEM
SUBJECT:
Final review of Charter Sections for modifications
DEPARTMENT:
City Clerk/Paralegal
SUMMARY:
The following sections were reviewed and modifications were suggested:
Sec. 3.03 - Qualifications -
Paragraph (a) & (b) - Was suggested for 2 year terms, however City Attorney stated after research that
one year is what is acceptable so NO CHANGE
Sec. 3.05 - Compensation -
A motion was made by Vice Chair McKinney, second by Board Member Card, to
approve the language Approve Sec 3.05 - Compensation - language to read as
follows, "the Council may determine the annual salary of the mayor and council
persons by ordinance but no ordinance increasing such salary shall become
affective until the date of commencement of the terms of a council elected at the
next regular election provided that such election follows the adoption of such
ordinance by at least 6 months. Additionally, changes to compensation shall only
be adjusted every 5 years. Council persons shall receive their actual and
necessary expenses incurred in the performance of their duties of office in
accordance with city policy".
Sec. 3.08 -Prohibitions -
Sec. 3.08(d) limitations on borrowing - the city of Edgewater shall not incur additional debt of more than
1% of the net taxable value in accordance with applicable state statutes unless such debt is approved by a
referendum of the eligible voters of the city in a general or special election.
Sec. 3.09 - Vacancies; forfeiture of office; recall; filling of vacancies - all other sections to
be left as is -
City of Edgewater Page 1 of 2 Printed on 1/8/2020
File #: AR-2019-4621, Version: 1
(b)(1) Forfeiture of office - absent from 3 regular council meetings within a 12
month period.
Sec. 4.01 - Appointment and qualifications of the city manager
Should now read Sec. 4.01 - appointment and termination of the city manager
discussed to change to "Appointment and termination of the city manager" and have a super
maj ority vote (4 votes) to hire and fire
"The city council shall by 4 votes of its total membership appoint a city manager and establish the terms of
employment and fix the level of compensation. The city council shall by 4 votes terminate a city
manager."
Sec. 4.02 -Powers and duties of the city manager-
Add Sec. 4.02(13) - Power and duties of the city manager - that prohibits a
relative of the city manager to be employed as defined by the state.
Sec. 4.04 - Creation of departments-
A motion was made by Vice Chair McKinney, second by Board Member Card,
for Section 4.04 for both the city clerk and city attorney section to read as follows
"the city council shall by 4 or more votes of it's total membership appoint a city
clerk or city attorney and establish the terms of employment and fix the level of
compensation. The city council shall by 4 or more votes of total membership
terminate a city clerk or city attorney.
Sec. 5.03(e) -New section
add section 5.03(e) to read as follows "state that no relative or significant other of
a potential council person may work for the city of Edgewater and to table until
the research is done by the City Attorney
Items for further review by Ciry Attorney -
1)can the charter prohibit a candidate that has a relative employed by the ciry
2)can a charter prevent a council member from having a personal relationship with an employee of the ciry
3)can a charter prevent a relative or significant other from being employed by the ciry
City of Edgewater Page 2 of 2 Printed on 1/8/2020