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CC 06/10/2024 Minutes
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CC 06/10/2024 Minutes
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City Clerk - Doc Type
Minutes
City Clerk - Date
6/10/2024
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CASSELBERRY CITY COMMISSION <br />Minutes of June 10, 2024 — Regular Meeting <br />Pagc 11 or 20 <br />The City Clerk read Ordinance 24-1604 by title, as follows: <br />"AN ORDINANCE OF THE CITY OF CASSELBERRY, FLORIDA, AMENDING SECTION 9, <br />EFFECTIVE DATE OF CHARTER AMENDMENTS, OF ORDINANCE NO. 23-1590 TO <br />PROVIDE ALL APPROVED CHARTER AMENDMENTS APPLY TO THE AUGUST 20, 2024 <br />ELECTION; PROVIDING FOR CONFLICTS, SEVERABILITY, EFFECTIVE DATE OF <br />ORDINANCE AND AN EFFECTIVE DATE FOR THE APPROVED AMENDMENTS." <br />Staff Presentation: City Clerk Donna Gardner gave an overview of Ordinance 24-1604 which amends <br />Section 9, Effective Date of Charter Amendments of Ordinance 23-1590 to state that all Charter <br />Amendments, if approved by the electors on August 20, 2024, apply to the August 20, 2024 election. <br />Ordinance 23-1590 was adopted by the City Commission on December 11, 2023 and approved placing <br />eight (8) proposed Charter Amendments on the August 20, 2024 ballot for consideration by the voters. Also <br />on that August 20"' ballot will be the election for Commission Seat No. 4. There are three candidates who <br />qualified for that seat, and under the current Charter, a run-off election in November would be required if <br />no candidate received 50% of the votes plus one. However, one of the proposed Charter Amendments, <br />Charter Amendment No. 7, proposes elimination of the run-off provision. Ordinance 23-1590 states that <br />the Charter Amendments become effective immediately if approved by the voters, and that is standard <br />language always utilized for Charter Amendments. The City Attorney has recommended that it be clarified <br />for the public and the candidates that should Charter Amendment No. 7 pass on August 20"', it would take <br />effect immediately, which means that the candidate receiving the highest number of votes would be <br />declared the winner on that date. <br />Ms. Gardner also briefly addressed Charter Amendment No. 3 that proposes to change the date for seating <br />of the newly elected officials. Under the current Charter, Seat No. 5 for Mayor/Commissioner, and Seat <br />No. 2 for Commissioner were both unopposed, so those seats would be deemed elected and would be seated <br />in September after certification of the results of the August 20"' election. If Charter Amendment No. 3 <br />passes, then seating would take place in December, along with seating of the winner of the election for Seat <br />No. 4, regardless of whether there was an outright win by 50% plus one in August, or whether a run-off <br />election was held in November and regardless of whether Charter Amendment No. 7 passes eliminating the <br />run-off provision. In response to a question from the Commission about whether the provision for the <br />annendments taking effect immediately could be changed, it was explained that the Connnission had already <br />approved the effective date of the amendments in the ordinance adopted in December, and Ms. Reischrnann <br />added that she had not found any further clarification in the Statutes or with the Elections Commission <br />decisions or Attorney General opinions, and she had in fact been advised by the Elections Commission that <br />the effective date depended on the jurisdiction's ordinance. She advised that is what the ordinance adopted <br />stated, and this new ordinance was sinply clarifying for the candidates that the provision for any <br />amendments being effective immediately would remain in place, and how that would affect them. <br />Budget Impact: There is no impact to the City Budget. <br />Recommendation: The City Manager, the City Attorney, and the City Clerk recommended approval of <br />Ordinance 24-1604 on first reading. <br />Audience Participation: The following individual came forward to address Ordinance 24-1604: <br />1. Tim Veigle, 1044 Legacy Winds Way, stated that it was still somewhat conftising, but he felt <br />
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