11-06-2008 - Special i f
Voting Order
Mayor Thomas
Councilwoman Rogers
Councilwoman Bennington
Councilwoman Rhodes
Councilman Cooper
AGENDA
CITY COUNCIL OF EDGEWATER
SPECIAL MEETING
November 6,2008
7:00 P.M.
COMMUNITY CENTER
We respectfully request that all electronic devices are set for no audible notification.
1. CALL TO ORDER, ROLL CALL,PLEDGE OF ALLEGIANCE, INVOCATION
2. PUBLIC HEARINGS,ORDINANCES AND RESOLUTIONS
a. Resolution No.2008-R-15;ratifying the results of the November 5,2008 election;ballot
questions regarding the Charter Amendments
3. ADJOURN
Note.All items for inclusion on the November 17,2008,agenda must be received by the City Clerk's office no later than
12:00 pm,Thursday,November 6,2008.
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 Bonnie Wenzel 104 N.Riverside Drive,Edgewater,Florida,telephone number 386-424-2400 x1101,5 days prior to the meeting date.Ifyou
are hearing or voice impaired contact the relay operator at 1-800-955-8771.
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RESOLUTION 2008-R-15
A RESOLUTION OF THE CITY COUNCIL OF
EDGEWATER, FLORIDA, ACCEPTING AND ADOPTING
THE ELECTION RESULTS OF THE NOVEMBER 4, 2008
GENERAL ELECTION; AUTHORIZING AND DIRECTING
THE CITY CLERK TO INCORPORATE AMENDMENTS
INTO THE CITY OF EDGEWATER CHARTER AND TO
FILE THE REVISED CHARTER WITH THE FLORIDA
DEPARTMENT OF STATE; ACKNOWLEDGING THE
EFFECTIVE DATE OF CHARTER AMENDMENTS;
PROVIDING FOR INTENT AND PURPOSE OF
RESOLUTION; PROVIDING FOR SEVERABILITY;
REPEALING ALL RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING AN EFFECTIVE DATE.
WHEREAS, in accordance with Ordinance 2008-0-7, Ordinance 2008-0-8 and
Resolution 2008-R-10, on November 4, 2008, a General Election was held in the City of
Edgewater for determination of proposed charter amendments; and
WHEREAS, the City Council of the City of Edgewater, Florida, has determined that all
votes have been tabulated and confirmed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EDGEWATER,FLORIDA, as follows:
Section 1. Charter Amendment Related to Density West of Interstate 95.
Total votes cast: 9474
Total votes yes: 4163 % of votes cast: _43.94
Total votes no: 5311 % of votes cast: 56.06
Section 2. Charter Amendment to Transition to Elections in Even-Numbered
Years.
Total votes cast: 9369
Total votes yes: , 6139 %of votes cast: 65.52
Total votes no: 3230 %of votes cast: 34.48
2008-R-15
Section 3. Charter Amendment for Appointment of Volusia County as
Canvassing Board for General Elections in Even-Numbered Years.
Total votes cast: 9207
Total votes yes: _5933 %of votes cast: 64.44
Total votes no: 3274 % of votes cast: 35.56
Section 4. Charter Amendment for Deletion of Thirty-Five Foot Building Height
Restriction from City Charter.
Total votes cast: 9690
Total votes yes: 4624 % of votes cast: 47.72
Total votes no: 5066 % of votes cast: 52.28
Section 5. Acceptance and Adoption of Election Results. The results of the
November 4, 2008 General Election are hereby accepted and adopted by the City Council.
Section 6. Incorporation and Filing. In accordance with section 166.031, Florida
Statutes, the Charter Amendments adopted by a majority of the electors as set forth above shall
be incorporated into the Charter of the City of Edgewater and the City Clerk is authorized and
instructed to file the revised Charter with the Department of State.
Section 7. Effective Date of Charter Amendments. The effective date of the
Charter Amendments is November 5, 2008.
Section 8. Intent and Purpose of Resolution. The adoption of this Resolution is not
an expression of a policy statement by the City Council either for or against the content of the
Charter Amendment and shall be construed solely as a ministerial duty in compliance with
Section 166.031, Florida Statutes.
2008-R-15
Section 9. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Resolution is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
Section 10. All resolutions or parts of resolutions in conflict herewith be and same are
hereby repealed.
Section 11. Effective Date. This Resolution shall become effective immediately upon
passage and adoption.
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2008-R-15
After Motion for approval by Cpmeitigagatiges and Second by
• M the vote on this Resolution was as follows:
AYE NAY
Mayor Mike Thomas
Councilwoman Debra J. Rogers L__
Councilwoman Gigi Bennington X
Councilwoman Harriet B. Rhodes X
Councilman Ted Cooper ,Ab.er 1i"
PASSED AND DULY ADOPTED this 5th day of November, 2008.
ATTEST: APPROVED:
CITY O . ED EWATI AV DA
i i Q I W a` a n
r
..41011g
Bonnie Wenzel, City Clerk ike Thomas, Mayor
(Seal)
`,' Robin L. Matusick, Paralegal
For use .and reliance only by the City of Approved by the City Council of the City f
Edgewater, Florida. Approved as to form and Edgewater at a meeting held this 5th day of 1
legality by: Carolyn S. Ansay, Esquire November, 2008 under agenda Item No._Aa _. 1
City Attorney
_ Doran,Wolfe,Ansay&Kundid
2008-R-15
Election Summary Report Date:11/05/08
November 4, 2008 Tim ge: of 5
Page:4 of 5
Preliminary Results
Volusia County, Florida
Registered Voters 326886-Cards Cast 245223 75.02%
Deltona Referendum 1 ' Deltona Referendum 8
Total Total
Times Counted 37608/53400 70.4 % Times Counted 37608/53400 70.4 %
Total Votes 35252 Total Votes 31064
YES 15823 44.89% YES 15504 49.91%
NO 19429 55.11% NO 15560 50.09%1
Deltona Referendum 2 Deltona Referendum 9 i
Total Total
I
Times Counted 37608/53400 70.4 % Times Counted 37608/53400 70.4 %
Total Votes 32475 Total Votes 31891
YES 25385 78.17% YES 10655 33.41%;
NO 7090 21.83% NO 21236 66.59%1
Deltona Referendum 3 Edgewater Referendum I
Total Total
Times Counted 37608/53400 70.4 % Times Counted 10510/14520 72.4 %j
Total Votes 32417 Total Votes 9369
YES 13750 42.42% YES 6139 65.52%
NO 18667 57.58°./o NO 3230 34.48%j
Deltona Referendum 4 ' Edgewater Referendum 2
Total Total
Times Counted 37608/53400 70.4 % Times Counted 10510/14520 72.4 %
Total Votes 31142 Total Votes 9207
YES 21619 69.42% YES 5933 64.44%
NO 9523 30.58% NO 3274 35.56%-
Deltona Referendum 5 1 Edgewater Referendum 3
Total Total
Times Counted 37608/53400 70.4 % Times Counted 10510/14520 72.4 %
Total Votes 32118 Total Votes 9690
YES 25591 79.68% YES 4624 47.72%
NO 6527 2032% NO 5066 52.28%
Deltona Referendum 6 � Edgewater Referendum 4
Total 1 Total
Times Counted 37608/53400 70.4 %1 Times Counted 10510/14520 72.4 % -
Total Votes 31873 Total Votes 9474 EE
YES 22074 69.26% YES 4163 43.94%f
NO 9799 30.74% NO 5311 56.06%
Deltona Referendum 7 1 NSB Referendum 1
Total Total
Times Counted 37608/53400 70.4 % Times Counted 13309/16781 79.3 %
Total Votes 31042 Total Votes 12165
YES 17772 57.25% YES 6872 56.49%
NO 13270 42.75% NO 5293 43.51%1