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02-10-2020 ��,� �/ 104 N. Riverside Drive "�` C�t1 �f EdgeWater Edgewater, FL32132 �-� '� ��_�-_.� �„ ��GEtivATER Meeting Agenda �� Charter Review Committee Monday, February 10,2020 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 October 7, 2019 Charter Review Committee Meetinq Attachments: 10-07-2019 Charter Review b. Minutes of the Januarv 13, 2020 Charter Review Committee Meetinq Attachments: 01-13-20-Charter c. Minutes of the January 27, 2020 Charter Review Committee Meetinq Attachments: 01-27-20-Charter 3. Discussion Items- a. Final Review of the Proposed Ordinance with Ballot Lanquaqe - Section 3.08 - Prohibition of runninq for office Attachments: Ordinance- revised 02-04-2020- FINAL b. Memo to City Council from the Charter Review Committee Attachments: Charter Review Recommendations 4. ADJOURN City of Edgewater Page 1 Printed on 2/5/2020 Charter Review Committee Meeting Agenda February 10,2020 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 paye p Printed on 2/5/2020 �'+ } } 104 N. Riverside Drive ,;.,� l.��ly �f EdgeWC�ler Edgewater, FL32132 �!_ EDGEINATER Legislation Text File #: AR-2020-4651, Version: 1 BOARD AGENDA ITEM SUBJECT: Minutes of the October 7, 2019 Charter Review Committee Meeting DEPARTMENT: City Clerk/Paralegal SUMMARY: Minutes of the October 7, 2019 Charter Review Committee Meeting RECOMMENDED ACTION: Approve Minutes of the October 7, 2019 Charter Review Committee Meeting City of Edgewater Page 1 of 1 Printed on 2/5/2020 � � � City of Edgewater �°4 N.�°e�s'de�'°e �� ,� . � Edgewater,FL 32132 � �,�G�,'vVATER Meeting Minutes Charter Review Committee Monday,October 7,2019 3:30 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 4- City Attorney Aaron Wolfe,City C1erk Robin Matusick CMC,City Manager Glenn Irby and Record Clerk Haley Walker Mr. Irby arrived at 3:40pm. Vice- Chair Mckinney arrived at 3:46pm. 2. APPROVAL OF MINUTES a. Minutes of the October 2, 2019 Charter Review Committee A motion was made by Board Member Hooper, second by Board Member Card, to approve Minutes of the October 2,2019 Charter Review Committee Meeting. The MOTION was APPROVED by the following vote: Yes: 4- Ken Hooper,Gigi Bennington,Eric Rainbird,and Pat Card 3. CHARTER REVIEW Started reviewing the Charter, section by section with the following resi�lts: PART I- Charter ARTICLE I-POWERS Sec. 1.01 - General Power -Lecn�e as is Sec. 1.02 - Constri�ction -Lecn�e as is ARTICLE II- CORPORATE LIMIT,S Sec 2.01 -Description of corporate limits -Leave as is ARTICLE III- CITY COUNCIL Sec. 3.01 - Composition -Leave as is Sec. 3.02 -Districts -Lecn�e as is Sec. 3.03 - Qi�alifrcations - (a) Mayor residency- change to 2 years minimi�m (b) Coi�ncil- change to 2 years minimi�m Sec. 3.04 -Elections and terms; term limits; transition rz�les -Leave as is Sec. 3.05 - Compensation - CHANGE Vice Chair McKinney broi�ght in a handoi�t showing a formi�la for Coi�nty Coi�ncil and New Smyrna Commissioners. After disci�ssion, it was decided that Vice Chair McKinney woi�ld bring in the "langi�age"i�sed fi^om when New Smyrna changed the section in their charter. Ciry•ofEdgeivater• ppge] Pidnted on 10/23/2019 Charter Review Committee Meeting Minutes October 7, 2019 Miscellaneoi�s Items - Board Member Rainbird woi�ld like langi�age for protection of the Mosqi�ito Lagoon. The Board Members also reqz�ested for the City Manager and City Attorney to participate in disci�ssions. At si�ggestion of Vice Chair McKinney, the meeting times were changed to 4:00 pm 4. ADJOURN Board Member Card moved to adjourn at 4:30 pm There being no fi�rther bi�siness to disci�ss, Mayor Thomas adjoi�rned the meeting at 4:30 pm. Mim�tes si�bmitted by: Robin Mati�sick, City Clerk/Paralegal ATTEST: APPROVED: Robin Mati�sick, CMC Gigi Bennington City Clerk/Paralegal Charter Review Committee Chairperson Ciry•ofEdgeivater• ppge 2 Pidnted on 10/23/2019 �'+ } } 104 N. Riverside Drive ,;.,� l.��ly �f EdgeWC�ler Edgewater, FL32132 �!_ EDGEINATER Legislation Text File #: AR-2020-4652, Version: 1 BOARD AGENDA ITEM SUBJECT: Minutes of the January 13, 2020 Charter Review Committee Meeting DEPARTMENT: City Clerk/Paralegal SUMMARY: Minutes of the January 13, 2020 Charter Review Committee Meeting RECOMMENDED ACTION: Approve Minutes of the January 13, 2020 Charter Review Committee Meeting City of Edgewater Page 1 of 1 Printed on 2/5/2020 � � � City of E dgewater �°4 N.R'°e�s'de��'°e ,«,� ,� . Edge�vater,FL 32132 � �,�G�,'V!VATER Meeting Minutes Charter Review Committee Monda}',Januar}'13,2020 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�'olfe,City Clerk Robin Matusick CMC and City Manager Glenn Irby 4:03 pm Ciry Manager arrived 2. APPROVAL OF MINUTES a. AR-2019-4620 Minutes of the December 16,2019 Charter Review Committee Meeting A motion was made by Board Member Card, second by Vice Chair McKinney, to approve Minutes of December 16,2019. The MOTION was APPROVED by the following vote: Yes: 5- Ken Hooper,John McKinney,Gigi Bennington,Eric Rainbird,and Pat Card 3. DISCUSSION ITEMS a. AR-2019-4621 Final review of Charter Sections for modifications Member Card made Motion to NOT consider a modification of the salary for council, Section 3.05 MOTION FAILED DUE TO LACK OF SECOND A motion was made by Board Member Hooper, second by Vice Chair McKinney, to approve section 3.05 as drafted by the City Attorney. The MOTION was APPROVED by the following vote: Yes: 5- Ken Hooper,John McKinney,Gigi Bennington,Eric Rainbird,and Pat Card section 3.08d approve as drafted by city attorney A motion was made by Board Member Hooper, second by Board Member Card, to approve section 3.08(d) as drafted by the City Attorney. The MOTION was APPROVED by the following vote: Yes: 5- Ken Hooper,John McKinney,Gigi Bennington,Eric Rainbird,and Pat Card A motion was made by Vice Chair McKinney, second by Board Member Card, to approve section 3.09(b)(1) for the ballot language as written. The MOTION was APPROVED by the Cih�ofEdgeivaler Page 1 Prinled on 2B/2020 Charter Review Committee Meeting Minutes January 13, 2020 following vote: Yes: 4- Ken Hooper,John McKinney,Eric Rainbird,and Pat Card No: 1- Gigi Bennington A motion was made by Vice Chair McKinney, second by Board Member Card, to approve section 4.01 as written on ballot for super majority on city manager). The motion FAILED by the following vote: No: 5- Ken Hooper,John McKinney,Gigi Bennington,Eric Rainbird,and Pat Card table 4.02 city manager relatives -have city attorney bring back A motion was made by Board Member Hooper, second by Board Member Card, to approve section 4.01 for city manager, section 4.05 for city attorney and section 4.06 for city clerk that a simple majority on hiring and firing of all three positions. The MOTION was APPROVED by the following vote: Yes: 5- Ken Hooper,John McKinney,Gigi Bennington,Eric Rainbird,and Pat Card table 4.02(12)city manager relatives -have City Attorney bring back d�erent langiiage 5.03(e) -can charter restrict employees riinning for coiincil- City Attorney to review Items for fiirther review by city attorney- 1)on the candidate nepotism issiie-again there is no case law 2)can a charter prevent coiincil member fi�om having a personal relationship with an employee of city, since there is no case law on this, City Attorney cannot recommend this 3)can charter prevent a relative or significant other from being employed by the city- City Attorney responded that Cape Canaveral has an ordinance on this matter, again not tested in the coiirts so no giiidance. Ciry of Midway has a charter provision along those lines It was disciissed that these are more personnel matters, not charter issiies. City Attorney feels that this woiild be best by ordinance not charter. AR-2019-4621 Final review of Charter Sections for modifications A motion was made by Board Member Hooper, second by Board Member Rainbird, to add item (f� under General Powers citys obligation to protect the Indian River. The MOTION was APPROVED by the following vote: Yes: 5- Ken Hooper,John McKinney,Gigi Bennington,Eric Rainbird,and Pat Card 5:23 pm Card left the room & retzirned at 5:26pm S:36 CITIZENS COMMENTS- Cih�ofEdgeivaler Page 2 Prinled on 2B/2020 Charter Review Committee Meeting Minutes January 13, 2020 Libby Lavette provided comments on environmental issiies Mayor Thomas spoke abozit how prozid he was on each board member and need to address salary, etc A motion was made by Board Member Hooper, second by Board Member Card, to ask City Attorney to look at restrictions to prevent a bridge over the waterway. The MOTION was APPROVED by the following vote: Yes: 5- Ken Hooper,John McKinney,Gigi Bennington,Eric Rainbird,and Pat Card 4. ADJOURN There being no fzirther biisiness to disciiss, Board Member Hooper made motion to adjoiirn at 5:43 p.m. Miniites siibmitted by: Haley Walker, Records Clerk ATTEST: APPROVED: Robin Matzisick, City Clerk/Paralegal Gigi Bennington, Chair Cih�ofEdgeivaler P�ge 3 Prinled on 2B/2020 �'+ } } 104 N. Riverside Drive ,;.,� l.��ly �f EdgeWC�ler Edgewater, FL32132 �!_ EDGEINATER Legislation Text File #: AR-2020-4653, Version: 1 BOARD AGENDA ITEM SUBJECT: Minutes of the January 27, 2020 Charter Review Committee Meeting DEPARTMENT: City Clerk/Paralegal SUMMARY: Minutes of the January 27, 2020 Charter Review Committee Meeting RECOMMENDED ACTION: Approve Minutes of the January 27, 2020 Charter Review Committee Meeting City of Edgewater Page 1 of 1 Printed on 2/5/2020 104 N.Riverside Drive � �� City of Edgewater E�ewat�,FL3z�3z �� ,�G�,'v!vATER Meeting Minutes Charter Review Committee Monday,January 27,2020 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,City Clerk Robin Matusick CMC and City Manager Glenn Irby City Manager Irby arrived at 4:01 pm 2. APPROVAL OF MINUTES -None at this time 3. DISCUSSION ITEMS - 3.07(b) AR-2020-O-Charter Ordinance No. 2020-O-Charter - Ballot questions Vice-Chair McKinney brought up a proposal for Council training section for the ballot under Sec. 3.07(b) City Ma�ager Irby suggested a tiine liinit be added- training should be within a 2 year period froin tiine of election for both courses Vice-Chair Mckinney re-read his proposal with new wording A motion was made by Vice Chair McKinney, second by Board Member Card, to approve Sec. 3.07(b) Each Member of the city council shall complete municipal government training programs provided by the Florida League of Cities titled "Institute for Elected Municipal Officials (Basic)" and "Advanced Institute for Elected Municipal Officials" or their equivalent, subject to funds being available in the city budget for this educational training within two years of the next general election for all elected officials and within two years of all future elections. The MOTION was APPROVED by the following vote: Yes: 5- Ken Hooper,John McKinney,Gigi Bennington,Eric Rainbird,and Pat Card 1.01(f AR-2020-O-ChaOrdinance No. 2020-O-Charter - Ballot questions ) rter A motion was made by Vice Chair McKinney, second by Board Member Hooper, to approve Sec 1.01(f� as written. The MOTION was APPROVED by the following vote: Yes: 5- Ken Hooper,John McKinney,Gigi Bennington,Eric Rainbird,and Pat Card Cit�•of EdgeH�ater Page 1 Printed on 2/3/2020 Charter Review Committee Meeting Minutes January 27, 2020 A motion was made by Vice Chair McKinney, second by Board Member Hooper, to approve Sec. 1.01(g). The MOTION was APPROVED by the following vote: Yes: 5- Ken Hooper,John McKinney,Gigi Bennington,Eric Rainbird,and Pat Card A motion was made by Board Member Card, second by Vice Chair McKinney, to approve Sec. 3.05 and insert the current pay for Mayor ($9,511.80) and Council ($7,631.04). The MOTION was APPROVED by the following vote: Yes: 5- Ken Hooper,John McKinney,Gigi Bennington,Eric Rainbird,and Pat Card A motion was made by Board Member Card, second by Vice Chair McKinney, to approve Sec. 3.08(d). The MOTION was APPROVED by the following vote: Yes: 5- Ken Hooper,John McKinney,Gigi Bennington,Eric Rainbird,and Pat Card A motion was made by Vice Chair McKinney, second by Board Member Hooper, to approve Sec. 3.09(b)(1). The MOTION was APPROVED by the following vote: Yes: 5- Ken Hooper,John McKinney,Gigi Bennington,Eric Rainbird,and Pat Card A motion was made by Board Member Card, second by Vice Chair McKinney, to approve Sec 4.01. The MOTION was APPROVED by the following vote: Yes: 5- Ken Hooper,John McKinney,Gigi Bennington,Eric Rainbird,and Pat Card A motion was made by Board Member Hooper, second by Vice Chair McKinney, to approve Sec 4.02(12). The MOTION was APPROVED by the following vote: Yes: 5- Ken Hooper,Jolm McKinney,Gigi Bennington,Eric Rainbird,and Pat Card A motion was made by Vice Chair McKinney, second by Board Member Card, to approve Sec. 4.05. The MOTION was APPROVED by the following vote: Yes: 5- Ken Hooper,John McKinney,Gigi Bennington,Eric Rainbird,and Pat Card A motion was made by Vice Chair McKinney, second by Board Member Hooper, to approve Sec. 4.06. The MOTION was APPROVED by the following vote: Yes: 5- Ken Hooper,John McKinney,Gigi Bennington,Eric Rainbird,and Pat Card A motion was made by Vice Chair McKinney, second by Board Member Hooper, to approve Sec 3.05 changing the word "biannual" to "annual". The MOTION was APPROVED by the following vote: Yes: 5- Ken Hooper,John McKinney,Gigi Bennington,Eric Rainbird,and Pat Card Cit�•of EdgeH�ater Page 2 Printed on 2/3/2020 Charter Review Committee Meeting Minutes January 27, 2020 The Board suggested presenting a letter to council of the suggestion the Board had relating to the following inatters that are not in the Charter: 1) nepotisin 2) code of ethics 3) personnel board The Board to ineet again on Febr-uary IOth to finali�e the draft letter for presentation to Council. 4. ADJOURN There being no further busi�ess to discuss, Board Meinber Hooper inade inotion to adjourn at 4:58 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 3 Printed on 2/3/2020 �'+ } } 104 N. Riverside Drive ,;.,� l.��ly �f EdgeWC�ler Edgewater, FL32132 �!_ EDGEINATER Legislation Text File #: AR-2020-4649, Version: 1 BOARD AGENDA ITEM SUBJECT: Final Review of the Proposed Ordinance with Ballot Language - Section 3.08 -Prohibition of running for office DEPARTMENT: City Clerk/Paralegal SUMMARY: The Proposed Ordinance #2020-O-Charter contains all language that the Charter Review Committee has reviewed and proposed. It was found that after the last Charter Review Meeting the following needed to be addressed: 1) Section 3.08 - Prohibition of running for office was not finalized from previous meetings. This is now included in the attached ordinance RECOMMENDED ACTION: Motion to approve Section 3.08 Prohibition of running for office City of Edgewater Page 1 of 1 Printed on 2/5/2020 ORDINANCE #2020-O-Charter 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 1 �*��'� *'�r��'� passages are deleted. Underlined passages are added. #2020-O-Charter 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, staxutory 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? 2 �*��'� *'�r��'� passages are deleted. Underlined passages are added. #2020-O-Charter 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 River. PART B. PROPOSED CHARTER AMENDMENT AND FORM OF BALLOT Section 3.07 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. 3.07. - General powers and duties; munici�al ,�overnment trainin� � All legislative powers of the city shall be vested in the city council, except as provided by law or this Charter, and the city council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the city by law. � Each member of the citv council shall com�lete munici�al government training pro�rams provided bv the Florida Lea�ue of Cities titled "Institute for Elected Municipal Officials Basic)" and "Advanced Institute for Elected Municipal Officials" or their equivalent, subject to funds bein� available in the citv bud�et for this educational trainin�. The pro�rams shall be com�leted within two vears of the next �eneral election for all current members of the citv council and within two vears of bein� elected for all subsequentiv elected officials. The form of ballot for the proposed Charter amendment shall be, as follows: BALLOT SUMMARY The current City Charter does not require city council members to have municipal government training. This proposed Charter Amendment would require city council members to complete Florida League of Cities municipal government training programs to assist them in effectively meeting the requirements of their elected office. MUNICIPAL GOVERNMENT TRAINING Should the City Charter be amended to require that city council members complete municipal government training programs? Yes. In favor of amending the Charter to require city council members to complete municipal government training programs. No. Against amending the Charter to require city council members to complete municipal government training programs. 3 �*��'� *'�r��'� passages are deleted. Underlined passages are added. #2020-O-Charter PART C. 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 staxions, 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 4 �*��'� *'�r��'� passages are deleted. Underlined passages are added. #2020-O-Charter 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 D. 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 �38A:-9� $7,631.00 annually, payable monthly. The mayor shall receive as compensation the sum of �9A:-A9 $9,512.00 annually, payable monthly. A salary adjustment shall be awarded to the mayor and council members on a � annual 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� such salary shall � become effective until the date of commencement of the terms of a �ese 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 com�ensation shall onlv be adjusted everv five vears. Council �ersons shall receive their actual and necessarv expenses incurred in the performance of their duties of office in accordance with cit�policX. The form of ballot for the proposed Charter amendment shall be, as follows: BALLOT SUMMARY The current City Charter provides for biannual Consumer Price Index (CP� adjustments to council members' salaries and allows the city council to adjust salaries by ordinance with no limitation on the frequency and does not provide for payment of expenses incurred in performing the duties of office. This proposed Charter Amendment would state the correct current salaries, require annual CPI adjustment, limit adjustments by ordinance to every five years and provide 5 �*��'� *'�r��'� passages are deleted. Underlined passages are added. #2020-O-Charter for payment of expenses. COMPENSATION Should the City Charter be amended to state the correct current salaries, provide for annual Consumer Price Index (CP� adjustments, 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 favor of amending the Charter to state the correct current salaries, provide for annual CPI adjustments, 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 state the correct current salaries, provide for annual CPI adjustments, 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 E. 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-�3 one percent of the net taxable value in accordance with a�licable staxe 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 6 �*��'� *'�r��'� passages are deleted. Underlined passages are added. #2020-O-Charter 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 F. PROPOSED CHARTER AMENDMENT AND FORM OF BALLOT Section 3.08(e) 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. (e) �� Anv Citv emplovee who is a Citv "officer" as defined bv the "Resi�n to Run" law, § 99.012, Florida Statutes, and desires to run as a candidate for an elective Citv office shall resi�n their emplovment in accordance with the "Resi�n to Run" law. All other City em�lovees who qualifv as a candidate for elective Citv office shall resi�n his/her�osition at the time of qualifvin�. The form of ballot for the proposed Charter amendment shall be, as follows: BALLOT SUMMARY The current City Charter allows City employees to qualify as a candidate for mayor or city council while continuing their employment with the City. This proposed Charter Amendment would require City employees to resign from City employment at the time of qualifying as a candidate. RESIGN TO RUN Should the City Charter be amended to require City employees to resign from City employment at the time of qualifying as a candidate for mayor or city council? Yes. In fa�or of amending the Charter to require City employees to resign from City employment at the time of qualifying as a candidate for mayor or city council. No. Against amending the Charter to require employees to resign from City employment at the time of qualifying as a candidate for mayor or city council. PART G. PROPOSED CHARTER AMENDMENT AND FORM OF BALLOT 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. 7 �*��'� *'�r��'� passages are deleted. Underlined passages are added. #2020-O-Charter (b) Forfeiture of office. A member of the city council shall forfeit that office if the member: (1) Is absent from three ��r��*�� regular council meetings =T �*'��* '��r� ' within a twelve (12) month�eriod; 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 H. 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: BALLOT SUMMARY The current City Charter provides for a majority vote of the city council's total 8 �*��'� *'�r��'� passages are deleted. Underlined passages are added. #2020-O-Charter 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 L 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 emplovin�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; (8) Keep the city council advised as to the financial condition and future needs of the city; 9 �*��'� *'�r��'� passages are deleted. Underlined passages are added. #2020-O-Charter (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 J. 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 10 �*��'� *'�r��'� passages are deleted. Underlined passages are added. #2020-O-Charter 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 K. 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 11 �*��'� *'�r��'� passages are deleted. Underlined passages are added. #2020-O-Charter of the city council's total membership to hire and terminate a city clerk. 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 L. 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 M. 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 N. EFFECTIVE DATE. Amendments shall become effective upon voter approval and shall be incorporated into the Charter as required by law. 12 �*��'� *'�r��'� passages are deleted. Underlined passages are added. #2020-O-Charter PART O. 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 Klein-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 Klein-Yaney Councilwoman Megan O'Keefe Councilman Gary Conroy 13 �*��'� *'�r��'� passages are deleted. Underlined passages are added. #2020-O-Charter 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 form 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 14 �*��'� *'�r��'� passages are deleted. Underlined passages are added. #2020-O-Charter �'+ } } 104 N. Riverside Drive ,;.,� l.��ly �f EdgeWC�ler Edgewater, FL32132 �!_ EDGEINATER Legislation Text File #: AR-2020-4650, Version: 1 BOARD AGENDA ITEM SUBJECT: Memo to City Council from the Charter Review Committee DEPARTMENT: City Clerk/Paralegal SUMMARY: During the last meeting, Vice-Chair McKinney stated that he would bring back a Memo to Council explaining the work and recommendations from the Committee on the proposed Charter Ballot Language and additional recommendations (not in the Charter) for Council's consideration. RECOMMENDED ACTION: Motion to approve forwarding the Memo to City Council City of Edgewater Page 1 of 1 Printed on 2/5/2020 ^y Y *W d� . krc � � Y,r^�, „"+�� N�•'. _,�, ,�+° f ,. �,_, � . , � � . �.-a,� � � �� . .- � ,�.� .��,, PFre�� rr.r�. ��" �.ItY'Uf' � ��GE�.WATEIz T0: Mayor and City Council FROM: Gigi Bennington, Chairperson of the Charter Review Committee DATE: February 10, 2020 SUBJECT: Charter Review Committee Recommendations Since October 2, 2019 the Charter Review Committee has been working diligently to review the City Charter and have come up with ten (10) proposed charter revisions for consideration by the City Council and to place on the ballot at an upcoming general election. The ten (10) proposed Charter revisions are summarized below; 1. Section 1.01(f) — Added language regarding the Indian River/Mosquito Lagoon estuary 2. Section 1.01(g)—Added language regarding not supporting a bridge spanning the Indian river 3. Section 3.05 — Modified the language regarding the Consumer Price Index (CPI) adjustment from biannual to annually. Additionally added language regarding frequency on when changes to how compensation may be adjusted to every five years. 4. Section 3.07 — Added language that requires city council members to complete municipal government training programs and stipulates time frame to complete, subject to funds being available. 5. Section 3.08(d) — Modified limitations on borrowing from 0.75 percent to 1.00 percent of net taxable value, struck the moving five year period an added language in accordance with applicable state statutes. 6. Section 3.09(b)(1) — Modified language regarding members of council may only be absent from three (3) regular council meetings in a twelve (12) month Charter Review Committee P.O. Box 100 • Edgewater, FL 32132-0100 www.cityofedgewater.org period. 7. Section 4.01 —Added language that the city manager shall by a majority vote of its total membership terminate a city manager. 8. Section 4.02 —Added no relative of the city manager shall be employed by the city unless previously hired prior to the city manager being appointed. 9. Section 4.05 - Added language that the city attorney shall by a majority vote of its total membership terminate a city attorney. 10.Section 4.06 - Added language that the city clerk shall by a majority vote of its total membership terminate a city clerk. In addition to the ten proposed Charter revisions, the Charter Review Committee recommend that the City Council direct staff to review and update all Personal Policies and Procedures to update all sections related to the following items such that it covers City Council, Boards and employees of the City of Edgewater; 1. Nepotism — Hiring of relatives using the definition as provided by the State of Florida. 2. Code of ethics — Required courses for Council and select staff on an annual basis. 3. Personnel Board — Obsolete structure that needs to be stricken from the policy. If there are any other items that you would like for the Committee to address, please let us know. Otherwise, we appreciate your confidence during this process. Charter Review Committee P.O. Box 100 • Edgewater, FL 32132-0100 www.cityofedgewater.org