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
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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.
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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.
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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.
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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
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Resolution#2016-R-40
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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
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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
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***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
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*** 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
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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
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***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
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***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
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***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?
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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
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***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
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