12-16-2019 104 N.Riverside Drive
City of Edgewater Edgewater,FL 32132
I )GEWATER 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 Gild 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 made reference where wording should be simplified and changed to the 1%.
Need to go back to Section 3.08(d) Limitations on Borrowing-McKinney stated he had previously made
a proposal to simplify this and make it to I%. McKinney read what City Manager Irby had provided on
what moving from .75 to 1% would do and he still feels that this would be a good thing and 1 did
communicate 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 more than 1% of the net taxable
value unless such debt is approved by referendum 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 language.
McKinney - here was the actual motion "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
approved by referendum 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
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Meeting Minutes December 16, 2018
Charter Review Committee 9
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:
Ves: 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 fix 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,John McKinney,Gig!Bennington,and Pat Card
No: 1 - Eric Rainbird
Section 4.07 Personnel system
4.08-leave as is
Administrative 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 - Member Card and Chair Bennington are not comfortable with it as it is,
Member Card stated an alternative would a length of time rather than residency; Chair Bennington stated
it would be the amount of time to get here. Police Chief would be one we want to be a resident.
Member McKinney stated that you might not want the one who is responsible for law enforcement would
want him 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 manager"just to be clear. It was determined-leave as is
Section 5.0-Elections- leave as is
Section 5.01 - leave as is
Section 5.02-leave as is
Chair Bennington brought up that the Committee had mentioned that a candidate should live within the
city for at least two years. City Attorney stated that this had been researched and this requirement has
been struck down by the court and advised to leave the requirement at one year as the one year has been
upheld by the Florida Supreme Court.
Section 5.03 - leave as is
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Charter Review Committee meeting Minutes December 16, 2019
Member Hooper suggested leaving Article 5 as is however Member McKinney said he had two items to
discuss.
Member McKinney discussed- Item #1 -like with the city manager, we should have the same thing that a
candidate cannot have any relative as defined by state statute be employed with the city. City Attorney
will research this item. Item 42 - candidate cannot be an employee of the city, City Attorney stated this
would be dual office holding and already prohibited. Member Hooper brought up that no one can be
dating, living with, etc. an employee.
Member McKinney suggested- Section 5.03(e) to state "no relative or significant other of a city council
person may work for the city"
Reviewed the items that the City Attorney is reviewing for the Committee - can a charter prevent the
following-
I) can the charter prohibit a candidate that has a relative employed by the city
2) can a charter prevent a council member from having a personal relationship with an employee of the
city
3) can a charter prevent a relative or significant other from being employed 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,John McKinney,Gigi Bennington,Eric Rainbird,and Pat Card
Section 5.04
5.04- Conduct ofelections
5.05-Regular and primary elections
5.06-Public information
Nothing else in Article 5, move to Article VI Transition Schedule - which has nothing we need to
address- leave as is.
Discussed to change meeting to one not prior to a Council meeting, it was suggested to have the next
meeting 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,John McKinney,Gigi Bennington,Eric Rainbird,and Pat Card
4. ADJOURN
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Charter Review Committee Meeting Minutes December 16,2019
There being no further business to discuss, Member Card made motion to adjourn at 5.:07 p.m.
Minutes submitted by:
Haley Walker, Records Clerk
ATTEST
APPROVED: r
Robin Matusick, City ClerkJParalegal Oigi Bennington, Chair
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Cit of Edgewater 104 N. Riverside Drive
Y Edgewater, FL 32132
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EDGi TER Meeting Agenda
Charter Review Committee
Monday, December 16, 2019 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
Minutes of the November 4, 2019 Charter Review Committee Meeting
Attachments: 11-04-2019 Charter Review
3. CHARTER REVIEW
a. Section 4.04 Creation of Departments
4. ADJOURN
Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any
matter considered at a meeting or hearing, that individual will need a record of the proceedings and
will need to ensure that a verbatim record of the proceedings is made. The City does not prepare or
provide such record.
In accordance with the Americans with Disabilities Act,persons needing assistance to participate in any
of these proceedings should contact City Clerk/Paralegal Robin L. Matusick, CMC,104 N. Riverside
Drive, Edgewater, Florida, telephone number 386-424-2400 x 1101, 5 days prior to the meeting date. If
you are hearing or voice impaired, contact the relay operator at 1-800-955-8771
One or more members of City Council or other advisory boards may be present.
City of Edgewater Page 1 Printed on 12/9/2019
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Charter Review Committee Meeting
Board Member Card
Board Member Rainbird
Chairperson Bennington
Vice-Chair McKinney
Board Member Hooper
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Also Present - Records Clerk Haley Walker V Vn OCA
City Attorney Aaron Wolfe Atffm
City Manager Glenn Irby
Monday, December 16, 2019
City of Edgewater
Charter Review Committee - Agenda
Monday, December 16, 2019 4:00 PM Council Chambers
1. CALL TO ORDER & ROLL CALL -
2. APPROVAL OF MINUTES -
a. Minutes of the November 4, 2019 Charter Review Meeting
3. CHARTER REVIEW-
a. Discussion on various charter sections (left off at 4.04 - Creation of Departments
b. Legal Debt Margin (email from City Manager Irby)
C. Discussion on Notices, advertisements, etc
4. ADJOURN
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