2016-O-20 ORDINANCE #2016-0-20
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA ADOPTED PURSUANT TO
FLORIDA STATUTES SECTIONS 101.161 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 8, 2016; PROVIDING FOR A BALLOT
SUMMARY AND TITLE FOR EACH PROPOSED
AMENDMENT; PROVIDNG 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 8, 2016, 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(b) 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:
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Sec. 1.01. - General powers.
(b) Building height • •- - . . . • -- -•• •- - • •. . •- - • - •- -•- - •-
nearest adjacent roadway at the center of the front of the building to the highest point of the
ridge for hip, gable and gambrel roofs means the vertical distance measured from the required
minimum finished floor elevation to the highest point of the roof.
The form of ballot for the proposed Charter amendment shall be, as follows:
BALLOT SUMMARY
The current City Charter building height restriction measures the building height from the
crown of the roadway elevation to the highest point of the coping of a flat roof, the deck line of a
mansard roof, or the mean height level between eaves and ridge for hip, gable and gambrel roofs.
This proposed Charter Amendment would measure the building height from the finished floor
elevation of the building to the highest point of the roof.
BUILDING HEIGHT FLOOR ELEVATION
Should the City Charter be amended so that the building height is measured from the
finished floor elevation of the building to the highest point of the roof?
Yes. In favor of amending the Charter to measure building height from the finished
of the roof.hest
floor elevation of the building to the highest point
No. Against amending the Charter to measure building height from the finished floor
elevation of the building to the highest point of the roof.
PART B. PROPOSED CHARTER AMENDMENT AND FORM OF BALLOT
Section 3.04 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. 3.04 - Elections and terms;term limits; transition rules canvassing board.
(a)Elections and terms.
(1) . , . . • The City of Edgewater hereby adopts the Volusia County
election schedule for even-numbered years as established by Florida law.
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council pursuant to thc 2008 Charter Amendment shall be thc first Tuesday after the first
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districts 1 and 3 for a term of four years expiring in December 2014.
(3) [Second regular election under amendment.] The second regular election under thio
amendment shall be the first Tuesday after the first Monday in November 2012 for the
December 2016.
(42) Terms of office. Terms of office shall begin on the first Monday in December of the
year elected and shall be four(4)years.
(b) Term limits. No member of the city council, including the mayor, shall serve more than two
complete consecutive terms and the portion of an unexpired term occurring by reason of a
vacancy.
(c) Transition. The transition from elections in odd numbered years to elections in even
November 2009 shall be extended to December 2010.
2011 shall be extended to December 2012.
(3) For purposes of Section 3.04(b), this extended 61 month term shall be treat. —ate
tingle term.
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(dc) Canvassing board. Commencing with the 2010 General Election, tThe city hereby appoints
the county canvassing board to conduct all required canvassing activity for general elections in
even-numbered years.
The form of ballot for the proposed Charter amendment shall be, as follows:
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BALLOT SUMMARY
The current City Charter contains procedures for transition to the even-numbered year
election schedule as established by Florida law. As the City has completed its transition to the
even-numbered year election schedule, the procedures are obsolete. This proposed Charter
Amendment would remove the obsolete transition provisions.
REMOVAL OF OBSOLETE PROVISIONS RELATED TO TRANSITION TO EVEN-
NUMBERED YEAR ELECTION SCHEDULE
Should the City Charter be amended to remove the obsolete provisions related to
transition to the even-numbered year election schedule?
Yes. In favor of amending the Charter to remove the obsolete provisions related to
transition to the even-numbered year election schedule.
No. Against amending the Charter to remove the obsolete provisions related to
transition to the even-numbered year election schedule.
PART C. 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 $67400.00 $9,974.00
annually, payable monthly. The mayor shall receive as compensation the sum of $8,600.00
$13,365.00 annually, payable monthly. A salary adjustment shall be awarded to the mayor and
council members on a biannual basis in an amount stipulated by an average of the Consumer
Price Index (CPI) issued in October of the adjustment year. The salary adjustment shall not
exceed an amount of three percent increase. •- - -•• • • • • • : : ••• • - ••
The form of ballot for the proposed Charter amendment shall be, as follows:
BALLOT SUMMARY
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The current Charter sets annual compensation for council members at$6,900.00 and the
mayor at$8,600.00 and authorizes the city council to adjust the annual salary for the mayor and
council members by ordinance. This proposed Amendment would increase annual compensation
for council members to $9,974.00 and the mayor to $13,365 and removes city council authority
to adjust the annual salary for the mayor and council members by ordinance.
COUNCIL AND MAYOR COMPENSATION INCREASE AND REMOVAL OF
COUNCIL AUTHORITY TO ADJUST COMPENSATION
Should the City Charter be amended to increase council and mayor compensation and
remove council authority to adjust its compensation by ordinance?
Yes. In favor of amending the Charter to increase council and mayor compensation and
remove council authority to adjust its compensation by ordinance.
No. Against amending the Charter to to increase council and mayor compensation and
remove council authority to adjust its compensation by ordinance.
PART D. 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.
(de) Limitations on borrowing. The City of Edgewater shall not incur additional debt of more
election.The City shall be permitted to issue revenue bonds, notes, certificates of participation,
lease purchase contracts or other instruments of indebtedness by the affirmative vote of three (3)
City Council members at a public hearing held prior to the issuance of such indebtedness;
provided that the aggregate total amount of annual debt service does not exceed ten percent
(10%) of General Fund operating revenues unless such debt is approved by a referendum of the
eligible voters of the city in a general or special election. This indebtedness requirement is only
applicable to General Fund Debt.
The form of ballot for the proposed Charter amendment shall be, as follows:
BALLOT SUMMARY
The current Charter provides the City shall not incur additional debt of more than 0.75
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percent of net taxable value during any forward moving five-year period unless approved by the
voters. This proposed Amendment provides the City may issue General Fund Debt by majority
vote of City Council provided the aggregate total amount of annual debt service does not exceed
10% of General Fund operating revenues unless such debt is approved by the voters.
CHARTER LIMITATIONS ON BORROWING
Should the City Charter limitations on borrowing be amended?
Yes. In favor of amending the Charter limitations on borrowing.
No. Against amending the Charter limitations on borrowing.
PART E. 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.
(ef) Reserves. The city is required to maintain reserves at a minimum of 15 percent -a
of the general fund all operating funds.
The form of ballot for the proposed Charter amendment shall be, as follows:
BALLOT SUMMARY
The current City Charter requires the City to maintain reserves at a minimum of 15
percent with a maximum of 25 percent of the general fund. This proposed Charter Amendment
would require the City to maintain reserves at a minimum of 15 percent of all operating funds.
ESTABLISHING RESERVES AT A MINIMUM OF 15 PERCENT OF ALL
OPERATING FUNDS
Should the City Charter be amended to require the City to maintain reserves at a
minimum of 15 percent of all operating funds?
Yes. In favor of amending the Charter to require the City to maintain reserves at a
minimum of 15 percent of all operating funds.
No. Against amending the Charter to require the City to maintain reserves at a
minimum of 15 percent of all operating funds.
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PART F. PROPOSED CHARTER AMENDMENT AND FORM OF BALLOT
Section 3.09(b) 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.
(b)Forfeiture of office. A member of the city council shall forfeit that office if the member:
(1) Is absent from three consecutive regular council meetings without being excused by
the council
(2) Violates any standard of conduct or code of ethics established by law for public
officials;,or
(3) Lacks at any time during the term of office for which the member was elected any
qualification for the office prescribed by this Charter or by law;ior
(4)Violates any express prohibition of this Charter
(5) Is convicted of a felony, or enters a plea of guilty or nolo contendere to a crime
punishable as a felony, even if adjudication of guilt has been withheld; or
(6) Is convicted of a first degree misdemeanor arising directly out of his or her official
conduct or duties or enters a plea of guilty or nolo contendere thereto, even if
adjudication of guilt has been withheld.
The form of ballot for the proposed Charter amendment shall be, as follows:
BALLOT SUMMARY
The Charter provides for forfeiture of City Council office in certain enumerated
situations. This Amendment would add forfeiture provisions for convictions, guilty or nolo
contendere pleas to a crime punishable as a felony or a first degree misdemeanor arising directly
out of official conduct or duties.
ADDITIONAL FORFEITURE OF OFFICE CHARTER PROVISIONS
Should the City Charter be amended to add the proposed provisions related to forfeiture
of office?
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Yes. In favor of amending the Charter provisions regarding forfeiture of office.
No. Against amending the Charter provisions regarding forfeiture of office.
PART G. 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 H. 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 I. EFFECTIVE DATE.
Amendments shall become effective upon voter approval and shall be incorporated into
the Charter as required by law.
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PART J. ADOPTION.
After Motion by Councilwoman Bennington, with Second by Councilwoman Power, the
vote on first reading of this ordinance held on March 7, 2016 was as follows:
AYE NAY
Mayor Mike Ignasiak X
Councilwoman Christine Power X
Councilwoman Gigi Bennington X
Councilman Dan Blazi X
Councilman Gary Conroy X
After Motion by Com,/i.dim c 1 /'/ z, r , with Second
by Cinip vitilcis1 4 0E,4014/nSin , the vote on second
reading of this ordinance held on April 4, 2016 was as follows:
AYES- NAY
Mayor Mike Ignasiak
Councilwoman Christine Power
Councilwoman Gigi Bennington
Councilman Dan Blazi
Councilman Gary Conroy
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PASSED AND DULY ADOPTED this 4th day of April, 2016.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER,FLORIDA
By: /14 ,ilecle/
Mitch Honaker Mike Ignasiak
Deputy City Clerk 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 Edgewater at a meeting held on this 4th day
and legality by: Aaron R. Wolfe, Esquire of April, 2016 under Agenda Item No. 8 .
City Attorney
Doran,Sims,Wolfe,&Ciocchetti
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