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2016-R-40 RESOLUTION 2016-R-40 A RESOLUTION OF THE CITY COUNCIL OF EDGEWATER, FLORIDA, ACCEPTING AND ADOPTING THE ELECTION RESULTS OF THE NOVEMBER 8, 2016 GENERAL ELECTION AND REFERENDUM; PROVIDING FOR INTENT AND PURPOSE OF RESOLUTION; PROVIDING FOR SEVERABILITY; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 8, 2016, a General Election was held within the City of Edgewater for determination of City Council for District 2 and District 4 and the Charter Referendum Questions#1 through#6. 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. The candidates in the November 8, 2016 General Election received the number of votes as set forth below: DISTRICT 2 Alex Penalta 3,913 Amy Vogt 5,109 DISTRICT 4 Bob Andrejkovics 4,571 Gary T. Conroy 4,808 Section 2. The Council members for the four(4) year term of office beginning December 5,2016, are set forth below: DISTRICT 2 Amy Vogt DISTRICT 4 Gary T. Conroy 1 Resolution#2016-R-40 Section 3. The Charter Ballot Referendum Questions #1 - #6 in the November 8, 2016 General Election received the number of votes as set forth below: BALLOT SUMMARY#1 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? 6,230 Yes. In favor of amending the Charter to measure building height from the finished floor elevation of the building to the highest point of the roof. 3,415 No. Against amending the Charter to measure building height from the finished floor elevation of the building to the highest point of the roof. BALLOT SUMMARY #2 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? 7,234 Yes. In favor of amending the Charter to remove the obsolete provisions related to transition to the even-numbered year election schedule. 2,159 No. Against amending the Charter to remove the obsolete provisions related to transition to the even-numbered year election schedule. BALLOT SUMMARY #3 The current Charter sets annual compensation for council members at S6,900.00 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. 2 Resolution#2016-R-40 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? 3,251 Yes. In favor of amending the Charter to increase council and mayor compensation and remove council authority to adjust its compensation by ordinance. 6,479 No. Against amending the Charter to to increase council and mayor compensation and remove council authority to adjust its compensation by ordinance. BALLOT SUMMARY#4 The current Charter provides the City shall not incur additional debt of more than 0.75 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? 4,197 Yes. In favor of amending the Charter limitations on borrowing. 5,198 No. Against amending the Charter limitations on borrowing. BALLOT SUMMARY #5 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? 6,451 Yes. In favor of amending the Charter to require the City to maintain reserves at a minimum of 15 percent of all operating funds. 2,875 No. Against amending the Charter to require the City to maintain reserves at a minimum of 15 percent of all operating funds. 3 Resolution#2016-R-40 BALLOT SUMMARY#6 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? 7,423 Yes. In favor of amending the Charter provisions regarding forfeiture of office. 1,917 No. Against amending the Charter provisions regarding forfeiture of office. Section 4. Acceptance and Adoption of Election Results. The results of the November 8, 2016 General and Special Elections are hereby accepted and adopted by the City Council. The Official Election Results and Certificate of County Canvassing Board are attached hereto and incorporated herein as Exhibit"A"and"B". Section 5. 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 6. All resolutions or parts of resolutions in conflict herewith be and same are hereby repealed. Section 7. Effective Date. This Resolution shall become effective immediately upon passage and adoption. 4 Resolution#2016-R-40 After Motion to approve was made by ). y-,eL with Second by �,�.:s j ,r-wn vC ,-- , the vote on this Resolution was as follows: AYE NAY Mayor Mike Ignasiak Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Gary Conroy Councilman Dan Blazi PASSED AND DULY ADOPTED this 5th day of December, 2016. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: l N i Robin L. Matusick Mike Ignasia' City Clerk/Paralegal Mayor For the use and reliance only by the city of Edgewater, Approved by the City Council of the City of Edgewater Florida. Approved as to form and legality by: during the Special Meeting held on this 5th clay of Aaron R.Wolfe,Esquire December,2016 under Agenda Item No.A.4 Q. . City Attorney Doran,Sims,Wolfe&Ciocchetti 5 Resolution#2016-R-40 11 !� *** Official *** CERTIFICATE OF COUNTY CANVASSING BOARD VOLUSIA COUNTY We, the undersigned, CHRISTOPHER KELLY, County Court Judge/Chair of Canvassing Board, PAT PATTERSON, Vice Chair of Volusia County, LISA LEWIS, Supervisor of Elections, constituting the Board of County Canvassers in and for said County, do hereby certify that we met on the Eighteenth day of November, 2016 A.D., and proceeded publicly to canvass the votes given for the several offices and persons herein specified at the Nonpartisan held on the Eighth day of November, 2016 A.D.,as shown by the returns on file in the office of the Supervisor of Elections. We do hereby certify from said returns as follows: Retention of Justice Charles T.Canady of the Supreme Court Yes 146,293 votes No 69,564 votes Retention of Justice Jorge Labarga of the Supreme Court Yes 136,563 votes No 78,045 votes Retention of Justice Ricky L.Polston of the Supreme Court Yes 143,966 votes No 70,182 votes Retention of Judge Jay Cohen of the Fifth District Court of Appeal Yes 144,268 votes No 68,254 votes Retention of Judge James A Edwards of the Fifth District Court of Appeal Yes 146,332 votes { No 64,299 votes Retention of Judge Brian Lambert of the Fifth District Court of Appeal Yes 145,053 votes No 65.379 votes Retention of Judge Vincent G.Torpy,Jr. of the Fifth District Court of Appeal Yes 141,344 votes No 68,078 votes 11118/2016 05:11:38 PM 1 ***Official *** CERTIFICATE OF COUNTY CANVASSING BOARD VOLUSIA COUNTY For County Court Judge,Group 3,the whole number of votes cast was 210,100 of which Heather Caeners received 102,425 votes Shirley A Green received 107,675 votes For Property Appraiser,the whole number of votes cast was 21 1,851 of which Larry Bartlett received 119,388 votes H.Alan Burton received 92,463 votes For County Council Chair,the whole number of votes cast was 209,700 of which Jason P Davis received 79,854 votes Ed Kelley received 129,846 votes For County Council,District 2,the whole number of votes cast was 41,269 of which Willie J. Kimmons received 18,405 votes Billie A. Wheeler received 22,864 votes For County Council, District 4,the whole number of votes cast was 45,951 of which Heather Post received 25,026 votes Al Smith received 20,925 votes For Daytona Beach Zone 2,the whole number of votes cast was 3,818 of which Aaron Delgado received 2,129 votes Mary Weegie Kuendig received 1,689 votes For Daytona Beach Zone 5,the whole number of votes cast was 4,359 of which Dannette M.Henry received 2,645 votes Myke Tairu received 1,714 votes For Daytona Beach Shores Seat 2,the whole number of votes cast was 2,833 of which Richard Bryan received 1,509 votes Jennie Celona received 1,324 votes 1 1/113/2016 05:11:38 PM 2 ***Official*** CERTIFICATE OF COUNTY CANVASSING BOARD VOLUSIA COUNTY For DeBary Seat 1,the whole number of votes cast was 9,697 of which Stephen J.Bacon received 5,575 votes Phyllis Butlien received 4,122 votes For DeBary Seat 2,the whole number of votes cast was 9,958 of which Erika Benfield received 6,03 I votes Nick Koval received 3,927 votes For DeLand Seat 2,the whole number of votes cast was 11,980 of which Jeff Hunter received 6,872 votes Kevin Reid received 5,108 votes For Deltona District 2,the whole number of votes cast was 6,282 of which Anita Bradford received 4,047 votes Tom Stauffenberg received 2,235 votes For Deltona District 4,the whole number of votes cast was 5,959 of which Chris M. Alcantara received 3.339 votes Nancy Schleicher received 2,620 votes For Edgewater District 2,the whole number of votes cast was 9,022 of which Alexander Penalta received 3,913 votes Amy Vogt received 5,109 votes For Edgewater District 4,the whole number of votes cast was 9,379 of which Bob Andrejkovics received 4.571 votes Gary T. Conroy received 4,808 votes For Lake Helen Zone 4,the whole number of votes cast was 1,406 of which Jim Connell received 748 votes Daisy Raisler received 658 votes I I!I8i2016 05:11:38 PM 3 *** Official *** CERTIFICATE OF COUNTY CANVASSING BOARD VOLUSIA COUNTY For New Smyrna Beach Zone 4,the whole number of votes cast was 12,918 of which Charles(Randy)Hartman received 6,915 votes Kirk Jones received 6,003 votes For Oak Hill Seat 2,the whole number of votes cast was 1,055 of which Bill Lindlau received 630 votes Kenneth Robinson received 425 votes For Oak Hill Seat 4,the whole number of votes cast was 1,099 of which Jeffrey E.Bracy received 665 votes Lyn Seaward received 434 votes For Orange City Mayor,the whole number of votes cast was 4,615 of which Gary A.Blair received 2,597 votes Michael G.Wright received 2,018 votes For Orange City Seat 2,the whole number of votes cast was 742 of which Jeff H. Allebach received 432 votes Ronald Saylor received 310 votes For Ormond Beach Zone 1,the whole number of votes cast was 5,560 of which Jonathan H.Kaplan received 2,073 votes Dwight Selby received 3,487 votes For Ormond Beach Zone 4,the whole number of votes cast was 4,810 of which Harold Briley received 2,292 votes Rob Littleton received 2,518 votes For Port Orange Mayor,the whole number of votes cast was 28,128 of which Don Burnette received 16,348 votes Ted Noftall received 11,780 votes 11i18/201605:1I:38 PM 4 ***Official *** CERTIFICATE OF COUNTY CANVASSING BOARD VOLUSIA COUNTY For Volusia Soil and Water Conservation District,Group 2,the whole number of votes cast was 200,060 of which Kellee Jo Ferrari received 119,909 votes Derrick Orberg received 80,151 votes For West Volusia Hospital Authority,Group A Seat 3,the whole number of votes cast was 81,397 of which Judy Craig received 49,879 votes Dolores Guzman received 31,518 votes We Certify that pursuant to Section 102.112, Florida Statutes, the canvassing board has compared the number of persons who voted with the number of ballots counted and that the certification includes all valid votes cast in the election. COUNTYURT JUDGE/CHAIR OF CANV S ' OARD -(1) -1 -- VICE CHAIR OF VOLUSIA COUNTY SUPERVISOR OF ELECTIONS I I I 11/18/2016 05:11:38 PM 5 ***Official*** CERTIFICATE OF COUNTY CANVASSING BOARD VOLUSIA COUNTY We, the undersigned, CHRISTOPHER KELLY, County Court Judge/Chair of Canvassing Board,PAT PATTERSON,Vice Chair of Volusia County,LISA LEWIS, Supervisor of Elections,constituting the Board of County Canvassers in and for said County, do hereby certify that we met on the Eighteenth day of November, 2016 A.D., and proceeded publicly to canvass the votes given for the Proposed Amendments to the Constitution of the State of Florida and referendums on the Eighth day of November,2016 A.D. as shown by the returns on file in the office of the Supervisor of Elections.We do hereby certify from said returns as follows: NO. 1 CONSTITUTIONAL AMENDMENT ADD NEW SECTION 29 TO ARTICLE X RIGHTS OF ELECTRICITY CONSUMERS REGARDING SOLAR ENERGY CHOICE This amendment establishes a right under Florida's constitution for consumers to own or lease solar equipment installed on their property to generate electricity for their own use. State and local governments shall retain their abilities to protect consumer rights and public health,safety and welfare,and to ensure that consumers who do not choose to install solar are not required to subsidize the costs of backup power and electric grid access to those who do. Yes for Approval 120,256 votes No for Rejection 128,272 votes NO.2 CONSTITUTIONAL AMENDMENT ARTICLE X,SECTION 29 USE OF MARIJUANA FOR DEBILITATING MEDICAL CONDITIONS Allows medical use of marijuana for individuals with debilitating medical conditions as determined by a licensed Florida physician. Allows caregivers to assist patients' medical use of marijuana. The Department of Health shall register and regulate centers that produce and distribute marijuana for medical purposes and shall issue identification cards to patients and caregivers. Applies only to Florida law.Does not immunize violations of federal law or any non-medical use,possession or production of marijuana. Yes for Approval 186,428 votes No for Rejection 68,035 votes NO.3 CONSTITUTIONAL AMENDMENT ARTICLE VII,SECTION 6&ARTICLE XII TAX EXEMPTION FOR TOTALLY AND PERMANENTLY DISABLED FIRST RESPONDERS Proposing an amendment to the State Constitution to authorize a first responder,who is totally and permanently disabled as a result of injuries sustained in the line of duty, to receive relief from ad valorem taxes assessed on homestead property,if authorized by general law.If approved by voters,the amendment takes effect January 1,2017. Yes for Approval 203,756 votes No for Rejection 42,127 votes 11/18/2016 05:11:38 PM 1 ***Official*** CERTIFICATE OF COUNTY CANVASSING BOARD VOLUSIA COUNTY M).5 CONSTITUTIONAL AMENDMENT ARTICLE VII,SECTION 6&ARTICLE XII HOMESTEAD TAX EXEMPTION FOR CERTAIN SENIOR, LOW-INCOME,LONG-TERM RESIDENTS;DETERMINATION OF JUST VALUE Proposing an amendment to the State Constitution to revise the homestead tax exemption that may be granted by counties or municipalities for property with just value less than$250,000 owned by certain senior,low-income,long-term residents to specify that just value is determined in the first tax year the owner applies and is eligible for the exemption.The amendment takes effect January 1,2017,and applies retroactively to exemptions granted before January 1,2017. Yes for Approval 185,896 votes No for Rejection 53,677 votes VOLUSIA COUNTY CHARTER AMENDMENT 1 Modification of Legislative Procedures to Conform to Law; and Repeal of Superseded or Obsolete Provisions Shall the Volusia County Home Ruk Charter be amended to repeal provisions which either have been superseded by state law or have become obsolete by other conditions;and to conform county council voting procedures to state law regarding voting conflicts? Yes for Approval 155,722 votes No for Rejection 62,884 votes VOLUSIA COUNTY CHARTER AMENDMENT 2 Authorization for Payment of In-County Expenses of County Council Members Shall the Volusia County Home Rule Charter be amended to provide for payment or reimbursement by the county for in-county expenses of county council members incidental to official business according to policies and procedures to be established by ordinance? Yes for Approval 80,352 votes No for Rejection 144,846 votes VOLUSIA COUNTY CHARTER AMENDMENT 3 Designation of At Large Member as County Council Vice Chair Shall the Volusia County Home Rule Charter be amended to provide for continuing designation of the council member elected at large as the vice chair of the county council instead of annual election by the county council of one of its members? Yes for Approval 97,309 votes No for Rejection 119,561 votes 11/18/2016 05:11:38 Plat 2 ***Official*** CERTIFICATE OF COUNTY CANVASSING BOARD VOLUSIA COUNTY CITY OF EDGEWATER BALLOT SUMMARY#1 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 for Approval 6,230 votes No for Rejection 3,415 votes CITY OF EDGEWATER BALLOT SUMMARY#2 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-Numbcred 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 for Approval 7,234 votes No for Rejection 2,159 votes CITY OF EDGEWATER BALLOT SUMMARY#3 The current Charter sets annual compensation for council members at$6,900 and the mayor at$8,600 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 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 for Approval 3,251 votes No for Rejection 6,479 votes CITY OF EDGEWATER BALLOT SUMMARY#4 The current Charter provides the City shall not incur additional debt of more than 0.75% 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? 1 I/1812016 05:11.38 PM 3 ***Official*** CERTIFICATE OF COUNTY CANVASSING BOARD VOLUSIA COUNTY Yes for Approval 4,197 votes No for Rejection 5,198 votes CITY OF EDGEWATER BALLOT SUMMARY#5 The current City Charter requires the City to maintain reserves at a minimum of 15% with a maximum of 25% of the general fund. This proposed Charter Amendment would require the City to maintain reserves at a minimum of 15%of all operating funds. Establishing Reserves at a Minimum of IS Percent of All Operating Funds Should the City Charter be amended to require the City to maintain reserves at a minimum of 15%of all operating funds? Yes for Approval 6,451 votes No for Rejection 2,875 votes CITY OF EDGEWATER BALLOT SUMMARY#6 The Charter provides for forfeiture of City Council office in certain enumerated situations.This Amendment would add forfeiture provisions for convictions,guilty or nob 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 Chatter Provisions Should the City Charter be amended to add the proposed provisions related to forfeiture of office? Yes for Approval 7,423 votes No for Rejection 1,917 votes TOWN OF PIERSON MUNICIPAL REFERENDUM Town Charter Amendment Removing Initial Incorporation and Transition Provisions and Boundary Descriptions Shall the Pierson Town Charter be amended to remove provisions relating to the initial incorporation of the town and transition provisions,and to remove the lengthy legal descriptions of the original corporate boundaries of the town,with the current boundaries to be kept on file with the Town Clerk pursuant to law? Yes for Approval 363 votes No for Rejection 150 votes TOWN OF PIERSON MUNICIPAL REFERENDUM Town Charter Amendment Providing Residency Qualifications for Council Member and Mayoral Candidates Shall the Pierson Town Charter be amended to require that each candidate for the office of Council Member or Mayor shall have been a resident of the Town for at least one year immediately preceding the qualifying date? Yes for Approval 462 votes No for Rejection 61 votes 11/18/2016 05:11:38 PM 4 ***Official*** CERTIFICATE OF COUNTY CANVASSING BOARD VOLUSIA COUNTY TOWN OF PIERSON MUNICIPAL REFERENDUM Town Charter Amendment Clarifying Election Procedure Shall the Pierson Town Charter be amended to clarify that general elections of the Town shall be held in even numbered years on the date specified in law for the November general election,and to clarify that the candidate receiving the most votes cast in an election shall be declared elected? Yes for Approval 469 votes No for Rejection 49 votes TOWN OF PIERSON MUNICIPAL REFERENDUM Town Charter Amendment Providing for Review of the Town Charter Every Ten Years Shall the Pierson Town Charter be amended to require that the Town Charter be reviewed for recommended revisions by a Charter Review Committee appointed by the Town Council at least every ten years? Yes for Approval 448 votes No for Rejection 68 votes We Certify that pursuant to Section 102.112,Florida Statutes,the canvassing board has compared the number of persons who voted with the number of ballots counted and that the certification includes all valid votes cast in the election. COUN COUR�I/CHAIROF CANV 0 BOARD 11 b* Sim VICE CHAIR OF VOLUSIA COUNTY SUPERVISOR OF ELECTIONS 11/18/2016 05:11:38 PM 5