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2006-R-06 '-" """'" RESOLUTION NO. 2006-R-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA, OBJECTING TO CERT AIN AMENDMENTS TO THE VOLUSIA COUNTY CHARTER PROPOSED BY THE VOLUSIA COUNTY CHARTER REVIEW COMMISSION; AUTHORIZING THE CITY OF EDGEW A TER TO EXPEND MONEY IN OPPOSITION TO CERTAIN PROPOSED AMENDMENTS TO THE VOL USIA COUNTY CHARTER TO INFORM THE CITIZENS OF EDGEWATER OF THE POTENTIAL IMPACT OF THESE CHARTER AMENDMENTS; FINDING THAT THE EXPENDITURE OF PUBLIC FUNDS TO INFORM THE CITIZENS OF EDGEW ATER OF THE POTENTIAL IMP ACT OF CERTAIN PROPOSED CHARTER AMENDMENTS SERVES A PUBLIC PURPOSE AND IS REASONABLY NECESSARY TO PROTECT THE HEALTH, WELFARE AND SAFETY OF THE CITIZENS OF EDGEW ATER; REPEALING RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Edgewater, Florida has made the following determinations: 1. The V olusia County Charter Review Commission has proposed amendments to the V olusia County Charter. 2. The City of Edge water has a concern that some ofthe proposed Charter Amendments circumvent the purpose and intent of the Municipal Home Rule Power Act, which is found both in the Florida Constitution and Florida Statutes. 3. The purpose and intent of Municipal Home Rule was to grant to municipalities the right to self govern and to control the direction and destiny of their respective jurisdictions. 4. As more fully discussed herein, some ofthe proposed Charter Amendments have the effect of divesting the municipalities within V olusia County with the right to self govern in very key areas, such as controlling and directing growth and development within its municipal boundaries. 5. The City is concerned that the proposed Charter Amendment requiring a County-wide 2006-R-06 1 ...." """" water plan is redundant of the purpose and intent of the Water Alliance of V olusia (W A V) and certain to be plagued with the same practical problems. 6. The City is concerned that absent the involvement of the City in disseminating information, its citizens will not otherwise be informed of the potential impacts of approving these Charter Amendments. NOW, THEREFORE, be it resolved by the City Council of the City of Edgewater, Florida: Section 1. The City hereby opposes the following proposed Charter Amendments for the reasons hereinafter set forth, which is not intended to be an exhaustive list: A) Amendment 1 deals with School Planning and basically provides that there shall be no approved residential density increases unless adequate public schools can be timely planned and constructed to serve the projected increase in student population. Although the City believes that providing adequate schools for our children is very important, this provision grants to the V olusia County School Board the ability to dictate where development occurs in the County by deciding where the school expansion projects are located. Residential development should dictate where the school expansion projects are needed, and not vice versa. The goals intended to be accomplished by this Charter Amendment can be accomplished by local municipalities notifying the V olusia County School District of proposed development plans that would impact local schools within its jurisdiction and by the School Board representatives regularly attending the municipality's planning board meetings, which by law the School Board representative is a member. Amendment 2 requires V olusia County to create a County-wide water plan. The Water Alliance of V olusia (W A V) was created by the local cities and the County to 2006-R-06 B) 2 .., """'" accomplish this exact goal. One of the main impediments to the successful operation of W A V was the fact that the needs and demands of the cities are different depending on whether the city is located on the East or West side of the County. A County-wide water plan will be plagued with the same problems that W A V incurred. There are currently discussions about changing the purpose of W A V and to allow municipalities to enter into separate interlocal agreements to carry out the goals and objectives of water conservation. C) Amendment 3 requires that the County's comprehensive plan govern land even though annexed into a municipality. By the County's comprehensive plan governing land even though the land has been annexed into a municipality, the County would retain the right to regulate and direct the development on real property even though said property is located within a municipality. This circumvents the purpose and intent of the Municipal Home Rule Powers Act. Section 2. Since the V olusia County Charter Review Commission has not made a final recommendation to the County Council on proposed Charter Amendments, the number of objectionable amendments may change. The City Council hereby authorizes the City Manager and staff to object to any additional charter amendments that violate the spirit and intent of the City's Home Rule Power or are otherwise detrimental to the health, welfare and safety of its citizens. Section 3. The City Manager is hereby directed to forward this Resolution to the County Manager and County Council members and is encouraged to work with the County's representative to address the City's concerns. Section 4. The City hereby finds that it is necessary to protect the health, welfare and safety and in the public interest of the citizens of the City of Edge water for the City to expend public 2006-R-06 3 ..... ....." funds and resources, to utilize the time of its employees and to utilize its various methods of communication (including but not limited to television, print and internet communications) in order to educate the public concerning the above proposed charter amendments and the negative impacts they will have on the City and its citizens. During the August 21. 2006 Council meeting. Council approved the Resolution subiect to a limitation on funds expended to $0.50 per capita. Section 5. If any section, subsection, sentence, clause, phrase, or portion of this Resolution, or application hereof, is for any reason held invalid or unconstitutional by any Court, such portion of application shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions or application hereof. Section 6. All resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Section 7. This resolution shall take effect immediately upon its adoption. After Motion to approve by Councilwoman Lichter and Second by Councilwoman Rogers, the vote on this resolution was as follows: Mayor Mike Thomas Councilman Debra J. Rogers Councilman Dennis A. Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter AYE X X NAY ABSENT X X 2006-R-06 4 C C PASSED, APPROVED AND ADOPTED this 21st day of August, 2006. For the use and reliance only by the City of Edgewater, Florida Approved as to form and legality by: Paul E. Rosenthal, Esquire City Attorney Foley & Lardner, LLP 2006-R-06 CITY COUNCIL OF THE CITY OF EDGEWATER,� QRipp By:' ike Tho as ayor Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 21 st day of August, 2006 under Agenda Item No. 6K.