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2007-R-03RESOLUTION 2007-R-03 A RESOLUTION OF THE CITY COUNCIL OF EDGEWATER, FLORIDA, ACKNOWLEDGING AND FINDING THAT THE CITIZEN -INITIATED CHARTER AMENDMENT TO PROHIBIT NEW BUILDING HEIGHTS EXCEEDING 35 FEET WAS ADOPTED BY THE ELECTORS OF THE CITY OF EDGEWATER, FLORIDA AT THE NOVEMBER 7, 2006 GENERAL ELECTION AND BECAME EFFECTIVE AS OF THE DATE THEREOF; AUTHORIZING AND DIRECTING THE CITY CLERK TO INCORPORATE SUCH AMENDMENT INTO THE CITY OF EDGEWATER CHARTER AND TO FILE THE REVISED CHARTER WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR INTENT AND PURPOSE OF RESOLUTION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 7, 2006, a general election was held within the City of Edgewater (the "General Election'); and WHEREAS, as part of the General Election, a citizen -initiated referendum election was held with respect to a proposed amendment to the City of Edgewater Charter to prohibit new building heights exceeding 35 feet, the full text of which is set forth on Exhibit A' attached hereto and by this reference made a part hereof (the "Charter Amendment'); and WHEREAS, on November 17, 2006, the Volusia County Canvassing Board issued its Certificate of County Canvassing Board containing the official, certified results of the General Election, a copy of which is attached hereto as Exhibit `B" and by this reference made a part hereof (the "Canvassing Board Certification'); and WHEREAS, the Canvassing Board Certification indicates that a total of 6,495 votes were cast in connection with the referendum election on the Charter Amendment, such votes being divided as follows: 3,328 "YES" votes 3,167 "NO" votes ORLA_4371M I WHEREAS, in order to comply with the requirements of Section 166.031, Florida Statutes, the City Council of the City of Edgewater desires to adopt this Resolution. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, as follows: Section 1. Authority. The City Council of the City of Edgewater has the authority to adopt this Resolution pursuant to Chapter 166, Florida Statutes, and Section 6.08 of the City Charter. Section 2. Findines. Based on the Canvassing Board Certificate, the City Council of the City of Edgewater hereby acknowledges and finds that a majority of the votes cast in connection with the referendum election on the Charter Amendment were for the Charter Amendment, and accordingly, the Charter Amendment was adopted by the electors of the City of Edgewater and effective as of November 7, 2006. Section 3. Incorporation of Charter Amendment: Further Acts. Pursuant to Section 166.031(2), Florida Statutes, the City Council of the City of Edgewater hereby authorizes and directs the City Clerk to (i) incorporate the text of Charter Amendment, as set forth on Exhibit "A" attached hereto, into the City of Edgewater Charter, and (ii) file the revised charter with the Florida Department of State. In addition, the City Manager and City Clerk are hereby authorized and directed to take any and all further actions that may be necessary or desirable to accomplish the forgoing or to otherwise comply with the requirements of Section 166.031, Florida Statutes. Section 4. Intent and Purpose of Resolution. The adoption of this Resolution is not an expression of a policy statement by the City Council either for or against 2 ORLA_437106.1 the content of the Charter Amendment and shall be construed solely as a ministerial duty in compliance with Section 166.031, Florida Statutes. 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 shalt not affect the validity of the remaining portion hereto. Section 6. Effective Date. This Resolution shall become effective immediately upon passage and adoption. After Motion for approval by Councilwoman Rhodes and Second by Councilman Vincenzi , the vote on this Resolution was as follows: AYE NAY Mayor Mike Thomas x Councilwoman Debra J. Rogers x Councilman Dennis A. Vincenzi x Councilwoman Harriet B. Rhodes x Councilwoman Judy Lichter x 3 ORLA_437106.1 PASSED AND DULY ADOPTED this 5th day of March 12007 ATTEST: .a. Robin L. Matusick, Paralega For 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 this 5th day of legality by: Paul E. Rosenthal, Esq. March, 2007 under agenda Item No. 7 1 Special Counsel Foley & Lardner LLP ORA 437106.1 EXHIBIT "A" (The "Charter Amendment") Article 1, Section 1.01(a)(1) (a) In order to further protect the public health, safety, general welfare, and aesthetics, no new building height shall exceed 35 feet, nor shall any existing building be altered to cause it to exceed a building height of 35 feet. (b) Building height means the vertical distance from the elevation of the crown of the road of the nearest adjacent roadway at the center of the front of the building 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. (c) The height limits do not apply to spires, belfries, cupolas, flagpoles, antennas, water tanks, fire towers, cooling towers, ventilators, chimneys, radio and television towers, elevator hoistways, not intended for human occupancy. (d) Buildings in existence or with approved construction permits or adopted Planned Unit Developments on or before the effective date of this amendment, may be completed, repaired or rebuilt to a height not to exceed the previously existing height, within the same building footprint, subject to any other applicable state, federal or local laws. The height limits are not intended to restrict or otherwise adversely affect a property owner's vested rights under constitutional, statutory or common law. If it is determined by a court of competent jurisdiction that a landowner has vested rights, the landowner can elect to proceed with development under the Land Development Code in effect on the date of the adoption of this amendment. (e) Those parts of any ordinances in conflict with this section are hereby repealed. This section becomes effective upon adoption. This amendment shall become effective immediately upon approval by the electors. ORI 437106.1 EXHIBIT "B" (The "Canvassing Board Certification") (See attached sheets ] ORL 437106.1 ** Official ** CERTIFICATE OF COUNTY CANVASSING BOARD STATE OF FLORIDA Volusia County We, the undersigned, David Beck , County Judge, Ann McFall Supervisor of Elections, and Frank Bruno , Chairman of the Board of County Commissioners, constituting the Board of County Canvassers in and for said County, do hereby certify that we met on the 17'1' day of November, A.D., 2006, and proceeded publicly to canvass the votes given for Proposed Amendments to the Constitution of the State of Florida and local referendums on the 7th day of November, A.D., 2006 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 ARTICLE 111, SECTION 19 STATE PLANNING AND BUDGET PROCESS Proposing amendments to the State Constitution to limit the amount of nonrecurring general revenue which may be appropriated for recurring purposes in any fiscal year to 3 percent of the total general revenue funds estimated to be available, unless otherwise approved by a three -fifths vote of the Legislature; to establish a Joint Legislative Budget Commission, which shall issue long-range financial outlooks; to provide for limited adjustments in the state budget without the concurrence of the full Legislature, as provided by general law; to reduce the number of times trust funds are automatically terminated; to require the preparation and biennial revision of a long- range state planning document; and to establish a Government Efficiency Task Force and specify its duties. YES 61745 votes NO 78576 votes NO.3 CONSTITUTIONAL AMENDMENT ARTICLE XI, SECTION 5 REQUIRING BROADER PUBLIC SUPPORT FOR CONSTITUTIONAL AMENDMENTS OR REVISIONS Proposes an amendment to Section 5 of Article XI of the State Constitution to require that any proposed amendment to or revision of the State Constitution, whether proposed by the Legislature, by initiative, or by any other method, must be approved by at least 60 percent of the voters of the state voting on the measure, rather than by a simple majority. This proposed amendment would not change the current requirement that a proposed constitutional amendment imposing a new state tax or fee be approved by at least 2/3 of the voters of the state voting in the election in which such an amendment is considered. YES 63775 votes NO 81316 votes ** Official ** NO.4 CONSTITUTIONAL AMENDMENT ARTICLE X, SECTION 27 PROTECT PEOPLE, ESPECIALLY YOUTH, FROM ADDICTION, DISEASE, AND OTHER HEALTH HAZARDS OF USING TOBACCO To protect people, especially youth, from addiction, disease, and other health hazards of using tobacco, the Legislature shall use some Tobacco Settlement money annually for a comprehensive statewide tobacco education and prevention program using Centers for Disease Control best practices. Specifies some program components, emphasizing youth, requiring one-third of total annual funding for advertising. Annual funding is 15% of 2005 Tobacco Settlement payments to Florida, adjusted annually for inflation. Provides definitions. Effective immediately. This amendment requires state government to appropriate approximately $57 million in 2007 for the Comprehensive Statewide Tobacco Education and Prevention Program. Thereafter, this amount will increase annually with inflation. This spending is expected to reduce tobacco consumption. As a result, some long-term savings to state and local government health and insurance programs are probable, but indeterminate. Also, minor revenue loss to state government is probable, but indeterminate. YES 65813 votes NO 80628 votes NO.6 CONSTITUTIONAL AMENDMENT ARTICLE VII, SECTION 6, ARTICLE XII, SECTION 26 INCREASED HOMESTEAD EXEMPTION Proposing amendment of the State Constitution to increase the maximum additional homestead exemption for low-income seniors from $25,000 to $50,000 and to schedule the amendment to take effect January 1, 2007, if adopted. YES 94686 votes NO 52298 votes NO.7 CONSTITUTIONAL AMENDMENT ARTICLE VII, SECTION 6 PERMANENTLY DISABLED VETERANS' DISCOUNT ON HOMESTEAD AD VALOREM TAX Proposing an amendment to the State Constitution to provide a discount from the amount of ad valorem tax on the homestead of a partially or totally permanently disabled veteran who is age 65 or older who was a Florida resident at the time of entering military service, whose disability was combat -related, and who was honorably discharged; to specify the percentage of the discount as equal to the percentage of the veteran's permanent service -connected disability; to specify qualification requirements for the discount; to authorize the Legislature to waive the annual application requirement in subsequent years by general law; and to specify that the provision takes effect December 7, 2006, is self-executing, and does not require implementing legislation. YES 96446 votes NO 49647 votes ** Official ** NO.8 CONSTITUTIONAL AMENDMENT ARTICLE X, SECTION 6 EMMENT DOMAIN Proposing an amendment to the State Constitution to prohibit the transfer of private property taken by eminent domain to a natural person or private entity; providing that the Legislature may by general law passed by a three -fifths vote of the membership of each house of the Legislature permit exceptions allowing the transfer of such private property; and providing that this prohibition on the transfer of private property taken by eminent domain is applicable if the petition of taking that initiated the condemnation proceeding was filed on or after January 2, 2007. YES 84773 votes NO 58587 votes VOLUSIA COUNTY PROPOSED CHARTER AMENDMENTS SCHOOL PLANNING Shall the Volusia County Home Rule Charter be amended to require the county council provide by ordinance that any comprehensive plan amendment or rezoning allowing increased residential density may be effective only if adequate public schools can be timely planned and constructed to serve the projected increase in student population, and that such ordinance shall prevail over any conflicting municipal comprehensive plan, ordinance or resolution? YES 85699 votes NO 58984 votes WATER PLAN Shall the Volusia County Home Rule Charter be amended to require that the county council provide for a county water plan by ordinance that shall prevail over any conflicting municipal comprehensive plan or ordinance? YES 60181 votes NO 78838 votes COMPREHENSIVE PLANNING DISTRICTS Shall the Volusia County Home Rule Charter be amended to designate districts, consisting of certain lands governed by the county comprehensive plan on June 15, 2006, in which the county comprehensive plan prevails over a conflicting municipal plan for ten years after annexation or until other conditions have been satisfied? YES 44515 votes NO 93932 votes ** Official ** GROWTH MANAGEMENT DISPUTE RESOLUTION Shall the Volusia County Home Rule Charter be amended to establish the Volusia Growth Management Dispute Resolution Commission, which will make recommendations to resolve local comprehensive planning, annexation and service area disputes, and to abolish the Volusia Growth Management Commission, which determines local comprehensive plan consistency? YES 51117 votes NO 86420 votes COUNTY COUNCIL VICE CHAIR Shall the Volusia County Home Rule Charter be amended to provide that the at large council member shall serve as the vice chair of the county council instead of council election of a vice chair? YES 36127 votes NO 100048 votes COUNTY COUNCIL COMPENSATION Shall the Volusia County Home Rule Charter be amended to increase county council member compensation? YES 22099 votes NO 117230 votes COUNTY PLANNING AUTHORITY Shall the Volusia County Home Rule Charter be amended to provide that with limited exception, the county shall maintain comprehensive planning authority over annexed lands which were governed by the county comprehensive plan on September 1, 2006, the provisions of which amendment shall apply regardless of other charter terms and proposed amendments? YES 48862 votes NO 90193 votes ** Official ** City of Daytona Beach Shores Bond Referendum General Obligation Bonds Streetscape/Underground Utility Improvements Shall the City of Daytona Beach Shores, Florida issue bonds in one or more series not exceeding in the aggregate $30,000,000, bearing interest rates not exceeding the maximum legal rate, maturing within 15 years from issuance of each series, pledging the City's full faith and credit and ad valorem tax revenues to finance or refinance the acquisition, construction and improvement of streetscape projects including the incremental cost of constructing underground utilities? YES 1079 votes NO 820 votes City of DeBary Bond Referendum REFERENDUM REGARDING CITY OF DEBARY'S ISSUANCE OF REVENUE BONDS TO FINANCE STORMWATER IMPROVEMENTS WITHOUT RAISING THE STORMWATER ASSESSMENT FEE, SHALL THE CITY OF DEBARY ISSUE REVENUE BONDS FOR THE ACQUISITION OF LAND AND CONSTRUCTION OF STORMWATER IMPROVEMENTS IN AN AGGREGATE PRINCIPAL AMOUNT NOT EXCEEDING $10,000,000, WITH A MATURITY NOT EXCEEDING 20 YEARS FROM THEIR DATE, AS DETERMINED BY THE CITY COUNCIL, BEARING INTEREST NOT EXCEEDING THE MAXIMUM RATE ALLOWED BY LAW AND PLEDGING STORMWATER UTILITY SPECIAL ASSESSMENTS AND ALL LEGALLY AVAILABLE NON AD VALOREM TAX REVENUES AS SECURITY? -' City of DeBary Special Referendum Question 1 YES 4326 votes NO 2220 votes Shall Article III of the City Charter he Amended to Add Section 3.03? The proposed amendment would prohibit the City of DeBary from using eminent domain power to benefit a private party or to transfer property to a private party. YES 5300 votes NO 1324 votes City of DeBary Special Referendum Question 2 Shall Section 4.05 of the City Charter Be Amended? The proposed amendment would increase the Mayor's compensation from $500.00 per month to $700.00 per month, and would increase each Council Member's compensation from S400.00 per month to $600.00 per month. YES 1834 votes NO 4785 votes ** Official ** City of Debary Special Referendum Question 3 Shall Section 4.07 of the City Charter Be Amended? The proposed amendment states that a City Council Member must forfeit his or her office if he or she misses three regularly scheduled Council meetings without being excused by the Council. YES 5658 votes NO 959 votes City of DeBary Special Referendum Question 4 Shall Section 11.03 of the City Charter Be Amended? The proposed amendment would increase the City's debt repayment time frame from sixty months (5 years) to eighty-four months (7 years). YES 3335 votes NO 3141 votes City of DeBary Special Referendum Question 5 Shall Section 11.03 of the City Charter Be Amended? The proposed amendment would mandate that the City Council adopt a formal debt management policy by ordinance. YES 4998 votes NO 1417 votes City of Edgewater Proposed Charter Amendments Height Amendment, Amending Edgewater City Charter to Prohibit New Building Heights Exceeding 35 Feet. Height Amendment prohibits construction of new buildings that exceed 35 feet in height; provides building height definitions and exclusions; buildings presently exceeding 35 feet in height may be repaired to existing height; prohibits alterations that would cause a building height to 35 feet; is not intended to restrict a property owner's vested rights under constitutional, statutory, common law; repeals conflicting ordinances; provides effective date. Shall the above described amendment be adopted? YES 3328 votes NO 3167 votes Exemptions to 35-Foot Height Limitation Imposed by Citizen -Initiated Charter Amendment. Charter Amendment providing that any commercial, public, semi-public, or industrial uses, we exempted from the prohibition against new building heights in excess of 35 feet, as such prohibition may be adopted pursuant to the citizen -initiated charter amendment appearing on this ballot. Shall the above described amendment be adopted? YES 2572 votes NO 3812 votes ** Official ** Charter Amendment to Provide One Period for "Citizen Comments" Charter amendment amending Section 3/11(b) to provide that City Council meetings shall include one period for "Citizen Comments" at such time as may be determined by he City Council, during which citizens wishing to address the Council regarding non -agenda matters may speak for a period of five (5) minutes, in lieu of two periods at the beginning and at the end of the meeting, as currently provided in the Charter. Shall the above described amendment be adopted? YES 3120 votes NO 3243 votes City of Lake Helen Proposed Charter Amendment Limitation on Use of Eminent Domain Powers for Private Economic Development by City Government The City has the power to acquire property using the eminent domain for private economic development purposes. The City Commission proposes amending the City of Lake Helen Charter to prohibit using eminent domain for private economic development purposes unless approved by the electorate of the City at a referendum election approving the property to be acquired and the private economic development purpose for which the property would be used. Shall the proposed Charter amendment be adopted? City of New Smyrna Beach City Board of Elections Membership YES 639 votes NO 286 votes Shall ordinance No. 67-06 be adopted to amend section 170, City Charter, to provide a Board of Elections composed of the City Clerk and two members of the City Commission whose names do not appear on the ballot or qualified substitutes appointed by the City Commission? YES 3262 votes City of New Smyrna Beach NO 4505 votes Special Referendum Election South Beach Annexation Shall ordinance No. 66-06 be adopted annexing the South Beach area including Silver Sands and Bethune Beach into the city of New Smyrna Beach on December 31. 2006? YES 260 votes NO 883 votes City of Ormond Beach Special Referendum Election Shall the City Charter be Amended by Adding a New Article VII-Building Height Limits and Restrictions? The proposed amendment would provide: All buildings within the corporate limits of the City of Ormond Beach will not exceed a maximum height of seventy-five (75) feet when measured from the average median lot elevation to the highest point of any part of the structure and/or attached services. YES 9632 votes NO 6729 votes �• ** Official ** Town of Ponce Inlet Regular Election Proposed Charter Amendments Term of Once of Council Members: The Town Charter provides for two year terms for the Mayor and Councilmembers. This Charter amendment would extend these terms to three years. To maintain staggered seats, Town Councilmembers shall be elected for seats two and four in the 2006 election to a two year term; seats three and five in the 2007 election to a three years term; and for sea one, the Mayor, in the 2007 election to a two year term. Shall the above described Charter Amendment be adopted? YES 560 votes NO 1040 votes Filling of Vacancies of Councilmembers: The Town Charter provides for the filling of Councilmember vacancies by the Town Council. This amendment would require that if a vacancy occurs, then the newly appointed Councilmember will serve until the next regular election, taking into consideration all candidate qualification deadlines. To maintain staggered seats and follow the election schedule provided by the Town Charter, Section 3.020, the newly election Councilmember will serve less than a full term. Shall the above described Charter Amendment be adopted? YES 1048 votes NO 525 votes We certify that pursuant to Section 102.112, Florida Statutes, the canvassing board has reconciled the number of persons who voted with the number of ballots counted and that the certification in_ es all valid votes cast in the election. z '? /% ty Judg "� Supervisor of Electio s rf Ch irman, Board of County Commissioners Total ballots cast in Volusia County was 153526 fora 44.84% percent turnout.