2015-R-36 RESOLUTION NO. 2015-R-36
A RESOLUTION OF THE CITY OF EDGEWATER,
FLORIDA, REQUESTING THE VOLUSIA CHARTER
REVIEW COMMISSION TO RECOMMEND AN
AMENDMENT TO THE VOLUSIA COUNTY CHARTER
ELIMINATING THE VOLUSIA GROWTH
MANAGEMENT COMMISSION; DIRECTING THE CITY
CLERK TO FORWARD TO THE VOLUSIA CHARTER
REVIEW COMMISSION, REPEALING RESOLUTIONS IN
CONFLICT HEREWITH AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the State Legislature adopted the Growth Management Act (Act) which
requires local governmental entities to adopt comprehensive plans to establish policies for the
future growth within their jurisdictions; and
WHEREAS, furthermore it is the intent of the Act for counties and municipalities to
cooperate and coordinate planning with each other, regional agencies and the State and
specifically states:
It is the intent of this act to encourage and ensure cooperation
between and among municipalities and counties and to encourage
and ensure coordination of planning and development activities of
units of local government with the planning activities of regional
agencies and state government in accord with applicable provisions
of law; and
WHEREAS, in addition to the Act, in 1986 the Volusia County Charter (Charter) was
amended to create the Volusia Growth Management Commission (VGMC) and the Charter
amendment contained the following language:
There is hereby created the Volusia Growth Management
Commission (hereafter commission). The commission shall have
the power and the duty to determine the consistency of the •
municipalities' and the county's comprehensive plans and any
amendments thereto with each other; and
WHEREAS,to implement the VGMC, Volusia County adopted rules and regulations for
the VGMC, including Section 90-33(5) of the Volusia County Code of Ordinances which reads
as follows:
The main purpose of the commission is to provide an effective
means for coordinating the plans of municipalities and the county,
2015-R-36 1
in order to provide a forum for the several local governments in the
county to cooperate with each other in coordinating the provision
of public services to and improvements for the citizens of the
county, and create incentives to foster intergovernmental
cooperation and coordination; and
WHEREAS, these two provisions clearly indicate that the intended purpose of the
VGMC was to provide a forum through which local governmental entities could resolve
inconsistencies and/or incompatibilities regarding comprehensive plans; and
WHEREAS, the role of the VGMC is inefficient as it duplicates the requirement of
Florida Statutes 163.3177 which requires procedures for local governments to follow where there
are inconsistencies and/or incompatibilities with their respective Comprehensive Plan
Amendments; and
WHEREAS, the role of VGMC has encroached beyond resolving inconsistencies and/or
incompatibilities among local government Comprehensive Plan Amendments; and
WHEREAS, the VGMC has previously granted standing to parties other than local
governments, and property owners without reasonable standing that has resulted in lengthy
delays that is counter to the legislative growth policies adopted by local governmental entities;
and
WHEREAS, the VGMC has independently interpreted its role to intervene in growth
management policy decisions even if all local governmental entities are in agreement as to
Comprehensive Plan consistency and compatibility and would not require a hearing; and
WHEREAS, the vast majority of the VGMC hearings have not been the result of
inconsistencies and/or incompatibilities of Comprehensive Plan Amendments submitted by local
governmental entities, but rather objections filed by the VGMC staff or other parties without
appropriate standing; and
WHEREAS, the VGMC is a process funded by the taxpayers of Volusia County that
requires the VGMC to review every proposed comprehensive plan amendment in Volusia
County and allows for hearings to be easily requested and such a process has been used to delay
and complicate local government's planning efforts; and
WHEREAS, he VGMC is not required by State law,this additional process puts Volusia
County at a disadvantage when competing with other jurisdictions for new development and
businesses who do not have such an added layer of bureaucracy; and
2015-R-36 2
WHEREAS, each local governmental entity has the sovereign authority to adopt its own
growth management policies, within the provisions of Florida Law, thereby establishing how that
community will develop. The VGMC was never intended to be an additional forum to review
and/or to hear or create objections to growth management policies adopted by local
governmental entities. Such process violates the sovereignty of the local government to establish
its own growth management policies; and
WHEREAS,the County Charter should be amended to eliminate the VGMC; and
WHEREAS, eliminating the VGMC will not adversely affect the public's right to
participate in the adoption of the growth policies of the local governmental entities and/or to
pursue the administrative review provided under State law.
NOW, THEREFORE, be it resolved by the City Council of the .City of Edgewater,
Florida:
Section 1. The City Council of the City of Edgewater does hereby requests the Volusia
Charter Review Commission to recommend an amendment to the Volusia County Charter to
eliminate the VGMC.
Section 2. The City Clerk is hereby directed to forward this Resolution to the Volusia
Charter Review Commission.
Section 3. All resolutions or parts of resolutions in conflict herewith be and the same are
hereby repealed.
2015-R-36 3
Section 4. This resolution shall take effect immediately upon adoption.
After motion byecX�nc.j_t r and Second by
the vote on this resolution was as follows:
AYE NAY
Mayor Michael Ignasiak
Councilwoman Christine Power
Councilwoman Gigi Bennington
Councilman Dan Blazi
Councilman Gary T. Conroy
PASSED AND DULY ADOPTED this 16tH day of November, 2015.
ATTEST: CITY COUNCIL OF THE
.CITY OF EDGEWATER, FLORIDA
•
By: 10 ";XXIX
i►
Robin L. Matusick Mike Ignasiak
Interim 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 a meeting held on this 16'h day of
legality by: Aaron R. Wolfe, Esquire November, 2015 under Agenda Item No
City Attorney 8 .
Doran,Sims,Wolfe&Ciocchetti
2015-R-36 4
City of z �'
ILEDGEWATER
November 20,2015
J. Hyatt Brown,Chair
County of Volusia
Charter Review Commission
123 W.Indiana Ave
DeLand,FL 32710
Re: City of Edgewater-Resolution#2015-R-36
Dear Chairman Brown:
During the regularly scheduled City Council meeting on Monday, November 16, 2015 the Council
unanimously approved the attached resolution (#2015-R-36) urging the Charter Review Commission to
consider recommending an amendment to the County Charter eliminating the Volusia Growth
Management Commission.
Si ly,
- l
Robin L. Matusick
Interim City Clerk/Paralegal
rmatusick@cityofedgewater.org
/rim
Enclosure
Cc: Dr.Philip Fleuchaus
Glenn Ritchey, Sr.,Vice Chair
M. David Haas
Dr.T. Wayne Bailey
Peter Heebner
Frank Bruno,Jr.
James Morris
Frank Darden
Patricia Northey
Patricia Drago
Derek Triplett
Ambassador Stanley Escudero
Lisa Ford Williams
Office of the City Clerk/Paralegal
P.O.Box 100•Edgewater,FL 32132-0100
(386)424-2400,Ext.1101•Fax(386)424-2410
w ww.citvofedeewater.org
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Volusia County Charter Review Commission Page 1 of 1
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The following members were appointed by the Volusia County Council July 2, � tp,/
2015: �1
Charter Review Commission members QJ
J.Hyatt Brown,Chair Dr.Philip Fleuchaus
Chairman,Brown&Brown Insurance Oral and Maxillofacial Surgeon and a�
Former Speaker of the Florida House former Volusla County Chairman
Glenn Ritchey Sr.,Vice Chair M.David Haas
Former Daytona Beach Mayor Former Bunnell City Manager and
Flagler County Administrator vO ,
1 -.6)
Dr.T.Wayne Bailey /�
Stetson University Professor Peter Heebner "��
Attorney
Frank Bruno Jr. •
Former Volusia County Chair James Morris
Attorney
Frank Darden
PatricRetired Deputy Commissioner Formers Northey n
of Education for the State of Florida Volusia County Chairman
Patricia Drago Derek Triplett
Retired Executive Director of Facilities Pastor,Hope Fellowship Church
for Volusia County Schools
Mark Watts 11-Th
Ambassador Stanley Escudero Attorney
Retired State Department Diplomat
Lisa Ford Williams
Managing Partner for Ford Properties
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