01-27-2020 ���,� �/ 104 N. Riverside Drive
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��GEtivATER Meeting Agenda
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Charter Review Committee
Monday,January 27,2020 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 -None at this time
3. DISCUSSION ITEMS -
a. Ordinance No. 2020-O-Charter- Ballot questions
Attachments: 2020-O-Charter-01-16-2020
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, 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 1/22/2020
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EDGEINATER
Legislation Text
File #: AR-2020-O-Charter, Version: 1
COUNCIL AGENDA ITEM
SUBJECT:
Ordinance No. 2020-O-Charter- Ballot questions
DEPARTMENT:
City Clerk/Paralegal
SUMMARY:
During the January 13, 2020 Charter Review Committee Meeting, the Committee reviewed the proposed ballot
language and requested the City Attorney to provide modified language.
City of Edgewater Page 1 of 1 Printed on 1/22/2020
ORDINANCE #2020-0-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA ADOPTED PURSUANT TO
FLORIDA STATUTES SECTIONS 101161 AND 166.031
SETTING FORTH PROPOSED AMENDMENTS TO THE
CITY CHARTER TO BE SUBMITTED TO THE VOTERS
OF THE CITY AT THE GENERAL ELECTION ON
NOVEMBER 3, 2020; PROVIDING FOR A BALLOT
SUMMARY AND TITLE FOR EACH PROPOSED
AMENDMENT; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council created a Charter Review Commission to review the
Charter and propose recommended changes to the City Charter;
WHEREAS, Section 166.031, Florida Statutes, provides that the governing body of a
municipality may, by ordinance, submit to the electors of said municipality proposed
amendments to its charter which amendments may be to any part or to all of its charter; and
WHEREAS, the City Council finds that it is in the best interest of the City of Edgewater
to submit certain proposed amendments to the Charter of the City of Edgewater to the electors of
the City at the general election to be held November 3, 2020, all in accordance with Section
166.031, Florida Statutes.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater,
Florida:
PART A. PROPOSED CHARTER AMENDMENT AND FORM OF BALLOT
Section 1.01 of the City Charter shall be amended, upon a vote of a majority of the City
of Edgewater electors in favor of such an amendment, to read as follows:
Sec. 1.01. General powers.
The city shall have all governmental, corporate and proprietary powers to enable it to
conduct municipal government, perform municipal functions, and render municipal
services, and may exercise any power for municipal purposes except as otherwise
provided by law.
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(a) (1) In order to further protect the public health, safety, general welfare,
and aesthetics, no new building height, east of the centerline of U.S. Highway l, shall
exceed 35 feet, nor shall any existing building, east of the centerline of U.S. Highway l,
be altered to cause it to exceed a building height of 35 feet.
(2) The building height restrictions contained in Section 1.01(a)(1) shall
not apply to Business/Commercial, Public/Semi-Public or Industrial buildings, including,
but not limited to, retail stores, fire and police stations, hospitals and manufacturing
facilities. The 35-foot height restriction shall apply to residential buildings such as
condominiums.
(b) Building height means the vertical distance measured from the required
minimum finished floor elevation to the highest point of the roof.
(c) The height limits do not apply to spires, belfries, cupolas, flagpoles, antennas,
water tanks, fire towers, cooling towers, ventilators, chimneys, radio and television
towers, elevator hoistways, not intended for human occupancy.
(d) Buildings in existence or with approved construction permits or adopted
Planned Unit Developments on or before the effective date of this amendment may be
completed, repaired or rebuilt to a height not to exceed the previously existing height,
within the same building footprint, subject to any other applicable state, federal or local
laws. The height limits are not intended to restrict or otherwise adversely affect a
property owner's vested rights under constitutional, statutory or common law. If it is
determined by a court of competent jurisdiction that a landowner has vested rights, the
landowner can elect to proceed with development under the Land Development Code in
effect on the date of the adoption of this amendment.
(e) Those parts of any ordinances in conflict with this section are hereby repealed.
This section becomes effective upon adoption. This amendment shall become effective
immediately upon approval by the electors.
(f1 The Citv shall continue to conserve, �rotect and mana,�e the coastal resources
of the Citv includin� the wetland and upland ecosvstem so as to protect and not de�rade
the environmental qualitv of the Indian River/Mosquito La,�oon estuar�
The form of ballot for the proposed Charter amendment shall be, as follows:
BALLOT SUMMARY
The current City Charter has no provision relating to the City's duty to conserve, protect
and manage its costal resources or, specifically, the Indian River. This proposed Charter
Amendment would add a provision to articulate the City's obligation to protect the Indian River.
PROTECTION OF THE INDIAN RIVER
Should the City Charter be amended to add a provision for the protection of the Indian
River?
Yes. In favor of amending the Charter to add a provision for the protection of the
Indian River.
No. Against amending the Charter to add a provision for the protection of the Indian
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River.
PART B. PROPOSED CHARTER AMENDMENT AND FORM OF BALLOT
Section 1.01 of the City Charter shall be amended, upon a vote of a majority of the City
of Edgewater electors in favor of such an amendment, to read as follows:
Sec. 1.01. General powers.
The city shall have all governmental, corporate and proprietary powers to enable it to
conduct municipal government, perform municipal functions, and render municipal
services, and may exercise any power for municipal purposes except as otherwise
provided by law.
(a) (1) In order to further protect the public health, safety, general welfare,
and aesthetics, no new building height, east of the centerline of U.S. Highway l, shall
exceed 35 feet, nor shall any existing building, east of the centerline of U.S. Highway l,
be altered to cause it to exceed a building height of 35 feet.
(2) The building height restrictions contained in Section 1.01(a)(1) shall
not apply to Business/Commercial, Public/Semi-Public or Industrial buildings, including,
but not limited to, retail stores, fire and police stations, hospitals and manufacturing
facilities. The 35-foot height restriction shall apply to residential buildings such as
condominiums.
(b) Building height means the vertical distance measured from the required
minimum finished floor elevation to the highest point of the roof.
(c) The height limits do not apply to spires, belfries, cupolas, flagpoles, antennas,
water tanks, fire towers, cooling towers, ventilators, chimneys, radio and television
towers, elevator hoistways, not intended for human occupancy.
(d) Buildings in existence or with approved construction permits or adopted
Planned Unit Developments on or before the effective date of this amendment may be
completed, repaired or rebuilt to a height not to exceed the previously existing height,
within the same building footprint, subject to any other applicable state, federal or local
laws. The height limits are not intended to restrict or otherwise adversely affect a
property owner's vested rights under constitutional, statutory or common law. If it is
determined by a court of competent jurisdiction that a landowner has vested rights, the
landowner can elect to proceed with development under the Land Development Code in
effect on the date of the adoption of this amendment.
(e) Those parts of any ordinances in conflict with this section are hereby repealed.
This section becomes effective upon adoption. This amendment shall become effective
immediately upon approval by the electors.
�,) The Citv does not support and will not solicit support for the construction of a
brid.ge s�annin,�the Indian River within the cor�orate limits of the Citv of Ed,�ewater.
The form of ballot for the proposed Charter amendment shall be, as follows:
BALLOT SUMMARY
The current City Charter has no provision relating to the future construction of a bridge
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spanning the Indian River. This proposed Charter Amendment would add a provision to
articulate the City's opposition to the construction of a bridge spanning the Indian River within
City limits.
OPPOSITION TO CONSTRUCTION OF A BRIDGE SPANNING
THE INDIAN RIVER
Should the City Charter be amended to specify the City's opposition to the construction
of a bridge spanning the Indian River within City limits?
Yes. In favor of amending the Charter to specify the City's opposition to the
construction of a bridge spanning the Indian River within City limits.
No. Against amending the Charter to specify the City's opposition to the construction
of a bridge spanning the Indian River within City limits.
PART C. PROPOSED CHARTER AMENDMENT AND FORM OF BALLOT
Section 3.05 of the City Charter shall be amended, upon a vote of a majority of the City
of Edgewater electors in favor of such an amendment, to read as follows:
Sec. 3.05. - Compensation.
Council members shall receive as compensation the sum of $6,900.00 annually, payable
monthly. The mayor shall receive as compensation the sum of $8,600.00 annually, payable
monthly. A salary adjustment shall be awarded to the mayor and council members on a biannual
basis in an amount stipulated by an average of the Consumer Price Index (CP� issued in October
of the adjustment year. The salary adjustment shall not exceed an amount of three percent
increase. The city council is authorized to adjust the annual salary for the mayor and council
members by ordinance, but �e no ordinance increasin. sg uch salary shall � become effective
until the date of commencement of the terms of a*'���� m�m'��r� ��*'�� ��*�� council elected at the
next regular election, provided that such election follows the adoption of�such ordinance by
at least six months. Additionallv, chan�es to compensation shall onlv be adjusted everv five
vears. Council �ersons shall receive their actual and necessarv ex�enses incurred in the
performance of their duties of office in accordance with cit�policy.
The form of ballot for the proposed Charter amendment shall be, as follows:
BALLOT SUMMARY
The current City Charter allows for the city council to adjust the annual salaries of the
mayor and council members by ordinance with no limitation on the frequency of such adjustment
and does not provide for payment of expenses incurred in performing the duties of office. This
proposed Charter Amendment would limit adjustments to every five years and provide that
expenses incurred in performing the duties of office be paid in accordance with city policy.
COMPENSATION
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Should the City Charter be amended to limit ordinances adjusting the mayor's and
council members' salaries to every five years and provide that the expenses incurred in the
performance of the duties of office be paid in accordance with city policy?
Yes. In fa�or of amending the Charter to limit ordinances adjusting the mayor's and
council members' salaries to every five years and provide for the payment of the
expenses incurred in the performance of the duties of office in accordance with
city policy.
No. Against amending the Charter to limit ordinances adjusting the mayor's and
council members' salaries to every five years and provide for the payment of the
expenses incurred in the performance of the duties of office in accordance with
city policy.
PART D. PROPOSED CHARTER AMENDMENT AND FORM OF BALLOT
Section 3.08(d) of the City Charter shall be amended, upon a vote of a majority of the
City of Edgewater electors in favor of such an amendment, to read as follows:
Sec. 3.08. Prohibitions.
(d) Limitations on borrowing. The City of Edgewater shall not incur additional debt of
more than 9-� one percent of the net taxable value �'� � ��nT �r�' m � �� � � � ��'
in accordance with a�licable state statutes unless such debt is approved by a referendum of the
eligible voters of the city in a general or special election.
The form of ballot for the proposed Charter amendment shall be, as follows:
BALLOT SUMMARY
The current City Charter allows for the City to incur additional debt of .75 percent of net
taxable value during any forward moving five year period. This proposed Charter Amendment
would change the limit of additional debt to one percent and remove the five year rolling period.
SIMPLIFY BORROWING LIMITATION BY CHANGING LIMIT TO ONE PERCENT
AND REMOVING FIVE YEAR PERIOD
Should the City Charter be amended to change the limitation on borrowing to one percent
and removing the five year rolling period?
Yes. In favor of amending the Charter to change the limitation on borrowing to one
percent and remove the five year rolling period.
No. Against amending the Charter to change the limitation on borrowing to one
percent and remove the five year rolling period.
PART E. PROPOSED CHARTER AMENDMENT AND FORM OF BALLOT
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Section 3.09(b)(1) of the City Charter shall be amended, upon a vote of a majority of the
City of Edgewater electors in favor of such an amendment, to read as follows:
Sec. 3.09. Vacancies; forfeiture of office; recall; filling of vacancies.
(b) Forfeiture of office. A member of the city council shall forfeit that office if the
member:
(1) Is absent from three �� regular council meetings
,���"��,*'�� ^^„r^;' within a twelve (12) month period; or
The form of ballot for the proposed Charter amendment shall be, as follows:
BALLOT SUMMARY
The current City Charter provides that a member of the city council forfeits his or her
office if he or she is absent from three consecutive regular council meetings without being
excused by the counciL The proposed Charter amendment would mandate forfeiture of office if
a council member is absent from three regular council meetings within a twelve (12) month
period and eliminate the necessity of council excusal for any absence.
FORFEITURE OF OFFICE
Should the City Charter be amended to mandate that a council member's office is
forfeited if he or she is absent from three regular meetings within a 12 month period and
eliminate the necessity of council excusal for any absence?
Yes. In fa�or of amending the Charter to mandate forfeiture of office if council
member is absent from three regular meetings within a 12 month period.
No. Against amending the Charter to mandate forfeiture of office if council member is
absent from three regular meetings within a 12 month period.
PART F. PROPOSED CHARTER AMENDMENT AND FORM OF BALLOT
Section 4.01 of the City Charter shall be amended, upon a vote of a majority of the City
of Edgewater electors in favor of such an amendment, to read as follows:
Sec. 4.01. Appointment and termination of the city manager.
The city council shall by a majority vote of its total membership appoint a city manager
and establish the terms of employment and fix the level of compensation. The city manager shall
be appointed solely on the basis of executive and administrative qualifications. The citv council
shall bv a majoritv vote of its total membership terminate a citv mana�er.
The form of ballot for the proposed Charter amendment shall be, as follows:
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BALLOT SUMMARY
The current City Charter provides for a majority vote of the city council's total
membership to hire a city manager. This proposed Charter Amendment would require a majority
vote of the city council's total membership to hire and terminate a city manager.
MAJORITY VOTE OF TOTAL MEMBERSHIP TO
TERMINATE CITY MANAGER
Should the City Charter be amended to require a majority vote of the city council's total
membership to terminate a city manager?
Yes. In fa�or of amending the Charter to require a majority vote of the city council's
total membership to terminate a city manager.
No. Against amending the Charter to require a majority vote of the city council's total
membership to terminate a city manager.
PART G. PROPOSED CHARTER AMENDMENT AND FORM OF BALLOT
Section 4.02 of the City Charter shall be amended, upon a vote of a majority of the City
of Edgewater electors in favor of such an amendment, to read as follows:
Sec. 4.02. Powers and duties of the city manager; restriction on em�lovin,�relatives.
The city manager shall be the chief administrative officer of the city and shall be
responsible to the city council for the administration of all city affairs placed in the city
manager's charge under this Charter. The city manager shall:
(1) Appoint, and when necessary, suspend or remove, all officers and employees
of the city except as otherwise provided by law, this Charter, or personnel rules adopted pursuant
to this Charter. The city manager may authorize any officer subject to the city manager's
direction and supervision to exercise these powers with respect to subordinates in that officer's
department or agency;
(2) Direct and supervise the administration of all departments, offices, and
agencies of the city except as otherwise provided by this Charter or by law.
(3) Attend all city council meetings. The city manager shall have the right to take
part in the discussion but shall not vote.
(4) See that all laws,provisions of this Charter and acts of the city council, subject
to enforcement by the city manager or by officers subject to the manager's direction and
supervision, are faithfully executed;
(5)Prepare and submit the annual budget and capital program to the city council;
(6) Submit to the city council a complete report on the finances and administrative
activities of the city as of the end of each fiscal year;
(7) Make such other reports as the city council may require concerning the
operations of city departments, offices, agencies;
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(8) Keep the city council advised as to the financial condition and future needs of
the city;
(9)Make recommendations to the city council concerning the affairs of the city;
(10)Provide staff support services for the city council;
(11) Sign contracts, agreements, or leases on behalf of city to the extent
authorized by ordinance; and
(12) Perform such other duties as are specified in this Charter or may be required
by the city council.
No relative of the citv mana,�er shall be em�loved bv the citv. For �ur�oses of this
para�raph, "relative" means an individual who is related to the citv mana�er as father, mother,
son, dau�hter, brother, sister, uncle, aunt, first cousin, ne�hew, niece, husband, wife, father-in-
law, mother-in-law, son-in-law, dau�hter-in-law, brother-in-law, sister-in-law, stepfather,
ste�mother, ste�son, ste�dau�hter, ste�brother, ste�sister, half brother, or half sister. This
provision shall not a�lv to a relative of the citv mana�er hired prior to the citv mana�er bein�
appointed bv the citv council.
The form of ballot for the proposed Charter amendment shall be, as follows:
BALLOT SUMMARY
The current Charter allows for the city to employ relatives of the city manager. This
proposed Amendment would prohibit the employment of relatives of the city manager and
specify the individuals falling under the term "relatives."
PROHIBITION ON EMPLOYMENT OF RELATIVES OF THE CITY MANAGER
Should the City Charter be amended to prohibit the employment of relatives of the city
manager?
Yes. In favor of amending the Charter to prohibit the employment of relatives of the
city manager.
No. Against amending the Charter to prohibit the employment of relatives of the city
manager.
PART H. PROPOSED CHARTER AMENDMENT AND FORM OF BALLOT
Section 4.05 of the City Charter shall be amended, upon a vote of a majority of the City
of Edgewater electors in favor of such an amendment, to read as follows:
Sec. 4.05. City attorney.
The city council shall bv a majoritv vote of its total membershi� appoint a city attorney
and establish the terms of employment and fix the level of compensation. The city attorney must
be admitted to the practice of law in the State of Florida. The city attorney shall be the chief legal
advisor to, and attorney for, the city council, city manager, city clerk and all city departments,
offices, and agencies and shall perform any other duties prescribed by this Charter or as may be
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required by the city counciL The city attorney shall report directly to the city council and shall
not be under the supervision and direction of the city manager. The citv council shall bv a
majoritv vote of its total membershi� terminate a citv attorne�
The form of ballot for the proposed Charter amendment shall be, as follows:
BALLOT SUMMARY
The current City Charter provides for a majority vote of the city council members in
attendance to hire a city attorney. This proposed Charter Amendment would require a majority
vote of the city council's total membership to hire and terminate a city attorney.
MAJORITY VOTE OF TOTAL MEMBERSHIP TO HIRE
AND TERMINATE CITY ATTORNEY
Should the City Charter be amended to require a majority vote of the city council's total
membership to hire and terminate a city attorney?
Yes. In fa�or of amending the Charter to require a majority vote of the city council's
total membership to hire and terminate a city attorney.
No. Against amending the Charter to require a majority vote of the city council's total
membership to hire and terminate a city attorney.
PART L PROPOSED CHARTER AMENDMENT AND FORM OF BALLOT
Section 4.06 of the City Charter shall be amended, upon a vote of a majority of the City
of Edgewater electors in favor of such an amendment, to read as follows:
Sec. 4.06. City clerk.
The city council shall bv a majoritv vote of its total membershi� appoint a city clerk and
establish the terms of employment and fix the level of compensation. The city clerk shall keep
the journal of city council proceedings and be the official custodian of public records. The city
clerk shall serve as the elections clerk and shall perform any other duties prescribed by general
law, this Charter, or as may be required by the city counciL The city clerk shall report directly to
the city council and shall not be under the supervision and direction of the city manager. The citv
council shall bv a majoritv vote of its total membership terminate a citv clerk.
The form of ballot for the proposed Charter amendment shall be, as follows:
BALLOT SUMMARY
The current City Charter provides for a majority vote of the city council members in
attendance to hire a city clerk This proposed Charter Amendment would require a maj ority vote
of the city council's total membership to hire and terminate a city clerk.
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MAJORITY VOTE OF TOTAL MEMBERSHIP TO HIRE
AND TERMINATE CITY CLERK
Should the City Charter be amended to require a majority vote of the city council's total
membership to hire and terminate a city clerk?
Yes. In fa�or of amending the Charter to require a majority vote of the city council's
total membership to hire and terminate a city clerk.
No. Against amending the Charter to require a majority vote of the city council's total
membership to hire and terminate a city clerk.
PART J. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof, in conflict with this ordinance
are hereby superseded by this ordinance to the extent of such conflict.
PART K. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If
this ordinance or any provisions thereof shall be held to be inapplicable to any person, property,
or circumstances, such holding shall not affect its applicability to any other person, property or
circumstance.
PART L. EFFECTIVE DATE.
Amendments shall become effective upon voter approval and shall be incorporated into
the Charter as required by law.
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PART M. ADOPTION.
After Motion to approve by with Second by
, the vote on the first reading of this ordinance
held on , 2020, was as follows:
AYE NAY
Mayor Mike Thomas
Councilwoman Christine Power
Councilwoman Kimberly Yaney
Councilwoman Megan O'Keefe
Councilman Gary Conroy
After Motion to approve by with Second by
, the vote on the second reading/public hearing of
this ordinance held on , 2020, was as follows:
AYE NAY
Mayor Mike Thomas
Councilwoman Christine Power
Councilwoman Kimberly Yaney
Councilwoman Megan O'Keefe
Councilman Gary Conroy
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PASSED AND DULY ADOPTED this day of , 2020.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
Robin L. Matusick Mike Thomas
City Clerk/Paralegal Mayor
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater,Florida. Approved as to fonn and Edgewater at during the Council meeting held on
legality by: Aaron R. Wolfe, Esquire the day of 2020 under
City Attorney Agenda Item 8
Daran,Sims,Wolfe,Ciocchetti&Yoon
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