Resolution No. 2017-R-03

City of Portb P ort

RESOLUTION NO. 2017-R-03

A RESOLUTION OF THE CITY OF NORTH PORT, , PROVIDING FOR CODIFICATION OF THE CITY CHARTER ARTICLE VI, SECTION 6.01 "MEETINGS" TO AMEND THE LANGUAGE AS APPROVED BY VOTERS IN THE NOVEMBER 2, 2004 REFERENDUM; PROVIDING FINDINGS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, on August 23, 2004, the North Port City Commission adopted Ordinance No. 04-40, which established the language for Questions Nine and Ten for proposed amendments to Section 6.01 of the City Charter of the City of North Port, Florida and called a referendum for consideration of same; and

WHEREAS, on November 2, 2004, said referendum was conducted as part of the general election for approval or rejection of the proposed amendments; and

WHEREAS, on November 3, 2004, the City Commission held a special meeting and the City Clerk canvassed the results of the referendum regarding the proposed amendments to Section 6.01; the meeting minutes are attached as Exhibit "A." The results reflected that the voters rejected Question Nine regarding monthly meetings and approved Question Ten related to public meetings. The City Commission verified receipt of the referendum results. The official general election results of Sarasota County, Florida is attached as Exhibit "B" (see page 6); and

WHEREAS, to date, the text of Section 6.01 of the City Charter has not been updated to reflect the change approved by voters on November 2, 2004.

1 Resolution No. 2017-R-03

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF NORTH PORT, FLORIDA:

SECTION 1- FINDINGS

1.01 The recitals outlined above are incorporated by reference as findings of fact as if expressly set forth herein.

SECTION 2 - CODIFICATION

2.01 The amendment to Article VI, Section 6.01 approved by voters shall be codified in the City Charter of the City of North Port, Florida to read as follows:

except as provided by State law. The public shall have the right to be heard as provided for in City Code."

2.02 The following language shall be added to the tenth paragraph to the Introduction to the City Charter of the City of North Port, Florida:

"On November 2, 2004, the City electorate approved by referendum, Charter amendments via Ordinance No. 2004-40 (adopted August 23, 2004) relating to ... Article V (Title change), Section 5.04(a); Article VI. Section 6.01; Article XII, Section 12.06(m);..."

SECTION 3 - SEVERABILITY

3.01 If any section, subsection or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provisions shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof.

SECTION 4 - EFFECTIVE DATE

4.01 This Resolution shall take effect immediately upon adoption by the City Commission of the City of North Port, Florida.

DULY ADOPTED BY THE COMMISSION OF THE CITY OF NORTH PORT AT ITS REGULAR SESSION THIS !d *" DAY OF 1a.rt.LtQ f 2017.

T~

2 Resolution No. 2017-R-03

ATTEST: 0 C?' ,n PATSY &I-CNS, MMC CITY CLERK

APPROVED M TO FORM AND CORRECTNESS:

MARK MOMARTY CITY ATTORNEY

3 Exhibit A Resolution 2017-R-03

NORTH PORT CITY COMMISSION SPECIAL MEETING WEDNESDAY NOVEMBER 3 2004

Present Commissioner Gross Chair Commissioner Lockhart Vice Chair Commissioners Berryman Carusone and Fink City Attorney Robinson Interim City Manager Jenkins City Clerk Raimbeau Deputy City Clerk Adkins and Officer Meyers

The Commission Special Meeting was called to order at 9 35 a m in the City Chambers by Commissioner Gross Chair

Chair Gross delivered the Invocation followed by the Pledge of Allegiance led by the Commission

3 CANVASS OF GENERAL ELECTION RETURNS - NOVEMBER Z 2004 ELECTION RETURNS FOR NORTH PORT COMMISSION SEAT #1 SEAT #2 AND SEAT #3 RETURNS FOR CITY OF NORTH PORT CHARTER QUESTIONS

The Supervisor of Elections Office is unable to provide the final votes by precincts or ballots cast until late Wednesday afternoon Therefore City Clerk Raimbeau presented the preliminary numbers received this morning

Seat #1 Richard Lockhart received 1 120 Absentee Ballots 7 348 Total Ballots representing 54 54% of the votes Len Wheat received 942 Absentee Ballots 6 124 Total Ballots representing 45 46°/ of the votes Seat #2 Alberto Belinfante received 707 Absentee Ballots 5 434 Total Ballots representing 39 33 A of the votes Barbara Gross received 1 392 Absentee Ballots 8 384 Total Ballots representing 60 67% of the votes Seat #3 Hazel Hardman received 953 Absentee Ballots 5 799 Total Ballots representing 44 07% of the votes Fred Tower received 1 079 Absentee Ballots 7 359 Total Ballots representing 55 93% of the votes The total number of Registered Voters was 22 006

Question #1 Amend Charter to change designation Chairperson to Chair YES received 1 269 Absentee Ballots 8 425 Total Ballots representing 58 57% of the votes NO received 935 Absentee ballots 5 959 Total Ballots representing 4143% of the votes

Question #2 Amend Charter regarding rotation of the position of Chair in the Commission to every year YES received 1 109 Absentee Ballots 7 333 Total Ballots representing 53 10% of the votes NO received 1 053 Absentee Ballots 6 477 Total Ballots representing 46 90% of the votes

Question #3 Amend Charter language to eliminate references to prior elections/commissioners YES received 1 663 Absentee Ballots 10 240 Total Ballots representing 75 33% of the votes NO received 462 Absentee Ballots 3 354 Total Ballots representing 24 67% of the votes

Question #4 Amend Charter concerning canvassing and assumption of office and assignments YES received 1 130 Absentee Ballots 7 309 Total Ballots representing 57 04% of the votes NO received 845 Absentee Ballots 5 504 Total Ballots representing 42 96% of the votes

11/03104 City Commission Page 1 of 3 Special Meeting Question #5 Amend Charter to delete reference to removal of City Commissioner by extraordinary vote YES received 1 333 Absentee Ballots 8 349 Total Ballots representing 6310% of the votes t NO received 726 Absentee Ballots 4 883 Total Ballots representing 36 90% of the votes

Question #6 Amend Charter to eliminate referendum requirement regarding revenue bonds YES received 897 Absentee Ballots 6 206 Total Ballots representing 47 27% of the votes NO received 1 150 Absentee Ballots 6 923 Total Ballots representing 52 73% of the votes

Question #7 Amend Charter eliminating Chairpersons powers to take command by proclamation in emergencies YES received 1 423 Absentee Ballots 8 888 Total Ballots representing 65 22% of the votes NO received 687 Absentee Ballots 4 740 Total Ballots representing 34 78% of the votes

Question #8 Amend Charter adding City Manager as one of the departments which may not be deactivated except by referendum YES received 1 340 Absentee Ballots 8 744 Total Ballots representing 6412% of the votes NO received 757 Absentee Ballots 4 893 Total Ballots representing 35 88% of the votes

Question #9 Amend Charter deleting requirement of a monthly Commission meeting YES received 575 Absentee Ballots 4 470 Total Ballots representing 32 19% of the votes NO received 1 573 Absentee Ballots 9 415 Total Ballots representing 67 81% of the votes

Question #10 Amend Charter providing that all City meetings be public except as provided by State law YES received 1 245 Absentee Ballots 8 617 Total Ballots representing 6125% of the votes NO received 911 Absentee Ballots 5 452 Total Ballots representing 38 75% of the votes

Question #11 Amend Charter that review ofjoum al minutes will be allowed pursuant to Florida law YES received 757 Absentee Ballots 5 914 Total Ballots representing 42 59% of the votes NO received 1 390 Absentee Ballots 7 971 Total Ballots representing 57 41% of the votes

Question #12 Amend Charter allowing Resolutions to be read by title only prior to adoption YES received 758 Absentee Ballots 5 837 Total Ballots representing 42 81% of the votes NO received 1 374 Absentee Ballots 7 797 Total Ballots representing 5719 % of the votes

Question #13 Amend Charter allowing City Manager to sign all commission approved contracts etc YES received 1 618 Absentee Ballots 9 717 Total Ballots representing 7144% of the votes NO received 501 Absentee Ballots 3 884 Total Ballots representing 28 56% of the votes

Question #14 Amend Charter adding Deputy Clerk to the section on Compensation and Removal for the City Clerk YES received 1 597 Absentee Ballots 9 552 Total Ballots representing 7212% of the votes NO received 485 Absentee Ballots 3 693 Total Ballots representing 27 88% of the votes

Question #15 Amend Charter providing City Attorney shall prepare or review ail contracts etc YES received 1677 Absentee Ballots 10 491 Total Ballots representing 77 43% of the votes NO received 448 Absentee Ballots 3 058 Total Ballots representing 22 57% of the votes

Question #16 Amend Charter allowing City legal defense other than the City Attorney when the lawsuit is provided either by contract or law by a third party YES received 1 214 Absentee Ballots 7 755 Total Ballots representing 58 10% of the votes NO received 886 Absentee Ballots 5 593 Total Ballots representing 4190% of the votes

11/03/04 City Commission Page 2 of 3 Special Meeting • The total number of Registered Voters was 22 006 The total percentage of total voters has not been determined

Commissioner Fink moved to accept the results for Seat #1 Seat #2 and Seat #3 as presented also for Charter Referendum Items 1 through 16 as presented seconded by Commissioner Carusone The motion carried unanimously on a five to zero (5 0) vote

4 PUBLIC COMMENT

Public comment was held from 9 47 - 9 50 a m

Acting City Attorney Forrest announced he will attend the first Charlotte Golf Partners hearing on Thursday November 4 2004 in place of City Attorney Robinson who is occupied regarding the Solid Grounds Zoning Appeal due Monday

5 ADJOURNMENT

Commissioner Fink moved to adjourn the Commission Special Meeting seconded by Commissioner Carusone The motion carried unanimously on a five to zero (5 0) vote

The Commission Special Meeting adjourned at 9 53 a m

CITY OF NORTH PORT FLORIDA

BY ~~~~I RICHARD A LOCKHART COMMISSIONER l CHAIR IYELEN M CITY CLERK

Minutes approved a the Comnussion Regular Meeting this Day of 2004 -

11103/04 City Commussion Page 3 of 3 Special Meeting SUMMARY REPT-GROUP DETAIL OFFICIAL GENERAL ELECTION GENERAL & SPECIAL SARASOTA COUNTY, FLORIDA NOVEMBER 2, 2004 RUN DATE:11/04/04 12:07 PM

early Absentee TOTAL VOTES voting

PRECINCTS COUNTED (OF 167). 167 100.00 REGISTERED VOTERS - TOTAL . 240,592 BALLOTS CAST - TOTAL. 196,291 33,872 40,318 VOTER TURNOUT - TOTAL 81.59

PRESIDENT AND VICE PRESIDENT (Vote for ) 1 George W. Bush (REP). 104 630 53.51 16,403 22,378 John F. Kerry (DEM) . 88 382 45.20 17,032 17,499 Michael A. Peroutka . . 176 .09 26 26 Michael Badnarik . . 507 .26 64 58 David Cobb . . 126 .06 20 12 James Harris . 207 .11 28 7 Walter F. Brown . 243 .12 47 3

Ralph Nader . 1 , 259 .64 152 178 Over Votes . . 17 0 17 fD 140 Under Votes . . 744 100 O

UNITED STATES SENATOR (Vote for ) 1 p~ O Mel Martinez (REP) 95,386 50.06 15,349 20,618 OQ N (DEM) 91 , 609 48 . 08 17 , 317 17 , 862 f,a ~ et Dennis F . Bradley. 3 , 451 1 . 81 421 749 V ~ WRITE-IN. 100 .05 14 22 Over Votes . 3 0 3 Under Votes . 5,742 771 1,064 W REPRESENTATIVE IN CONGRESS 13TH CONGRESSIONAL DISTRICT (Vote for ) 1 Katherine Harris (REP) . 97,563 53.03 15,370 21,549 Jan Schneider (DEM) . 86,428 46.97 16,235 17,393 Over Votes . 3 0 3 Under Votes . 12,297 2,267 1,373

STATE SENATOR 23RD SENATORIAL DISTRICT (Vote for ) 1 (REP) 116,075 77.95 20,168 24,477 Charles Manhart 32,843 22.05 6,653 6,646 Over Votes 2 0 2 Under Votes . 21,334 4,187 4,258

STATE REPRESENTATIVE 69TH HOUSE DISTRICT (Vote for ) 1 Donna Clarke (REP) 41,232 72.98 4,684 8,701 William "Bill" Van Allen, Jr.. 15,266 27.02 2,370 3,113 Over Votes . 1 0 1 Under Votes . 7,966 1,112 1,770 (Vote 'for ) 1 Nancy C. Detert (REP) 61,235 79.17 11,516 13,162 Don Wallace. 16,110 20.83 3,454 3,435 Over Votes . 3 0 3 Under Votes . 11,677 2,290 2,543

STATE REPRESENTATIVE 71ST HOUSE DISTRICT (Vote for ) 1 Michael J. Grant (REP) . . 11,672 54.40 2,845 2,289 Shaneen Wahl (DEM) . 8,879 41.39 2,556 1,257 Walt Augustinowicz . 903 4.21 204 86 Over Votes . . 0 0 0 Under Votes . . 2,317 580 310

BOARD OF COUNTY COMMISSIONERS (Vote for ) 1 Jon Thaxton (REP). . 140,897 98.07 23,513 28,896 WRITE-IN. . 2,776 1.93 404 829 Over Votes . 3 0 3 Under Votes . 52,615 9,955 10,590

HOSPITAL BOARD AT LARGE SEAT 3 (Vote for ) 1 Jay E. Baily (REP) 18,875 14.78 3,264 3,027 Ted G. Bogusz (REP) . 9,335 7.31 1,449 1,563 H. Joseph Curl (REP). 18,288 14.32 3,278 2,955 Marguerite Malone (REP). 32,121 25.16 5,626 7,384 B. Darin Patton (REP) 5,797 4.54 1,020 904 Robert Rosenbluth (REP). 14,253 11.16 2,385 2,711 Jim Toale (REP) 29,006 22.72 4,585 5,194 Over Votes . 1,202 0 1,202 Under Votes . 67,414 12,265 15,378

Justice o€ the Supreme Court Bell (Vote for ) 1 YES 109,687 75.55 18,587 22,314 NO. 35,498 24.45 6,079 7,217 Over Votes . 7 0 7 Under Votes . 51,099 9,206 10,780

Justice of the Supreme Court Cantero III (Vote for ) 1 YES . 108,464 74.30 18,529 21,063 NO. 37,520 25.70 6,484 7,969 Over Votes . 6 0 6 Under Votes . 50,301 8,859 11,280 District Court of Appeal Dist 2 Canady (Vote for ) 1 YES 108,810 76.03 18,457 21,370 NO. 34,312 23.97 6,029 6,674 Over Votes . 5 0 5 Under Votes . 53,164 9,386 12,269

District Court of Appeal Dist 2 Kelly

-\ 1VVUt= JY1 J 1 YES . . . . 113,983 78.89 19,398 22,726 NO. . 30,496 21.11 5,352 5,632 Over Votes . 2 0 2 Under Votes . 51,810 9,122 11,958

District Court of Appeal Dist 2 Northcutt (Vote for ) 1 YES 105,968 74.26 18,066 20,712 NO. 36,740 25.74 6,431 7,037 Over Votes . 6 0 6 Under Votes . 53,577 9,375 12,563

District Court of Appeal Dist 2 Villanti (Vote for ) I YES 108,670 76.47 18,546 21,142 NO. 33,435 23.53 5,818 6,644 Over Votes . 7 0 7 Under Votes . 54,179 9,508 12,525

District Court of Appeal Dist 2 Wallace (Vote for ) 1 YES 108,906 76.83 18,571 21,385 NO. 32,844 23.17 5,728 6,301 Over Votes . 4 0 4 Under Votes . 54,537 9,573 12,628

CIRCUIT JUDGE TWELFTH CIRCUIT GROUP 2 (Vote for ) 1 Diana Moreland. 77,750 51.37 13,189 14,610 Susan Chapman . 73,592 48.63 12,655 15,059 Over Votes . 15 0 15 Under Votes . 44,934 8,028 10,634

COUNTY JUDGE (Vote for ) 1 Preston DeVilbiss, Jr. 75,250 48.98 11,845 14,408 Phyllis R. Galen . 78,381 51.02 14,020 15,641 Over Votes . 2 0 2 Under Votes . 42,658 8,007 10,267

ENGLEWOOD WATER DISTRICT SEAT 2 (Vote for ) 1 Taylor Meals 4,090 52.49 713 621 Todd Tracy . 3,702 47.51 761 824 Over Votes . 1 0 1 Under Votes . 1,512 314 512

VENICE CITY COUNCIL MEMBER SEAT 6 CITY OF VENICE (Vote for ) 1 Al Feinsod Jr.. 849 8.09 207 187 Mike Gelormino. 1,693 16.14 367 364 Diana Mier . 3,442 32.81 755 925 Bill Willson . 4,508 42.97 925 854 Over Votes . 6 0 6 Under Votes . 1,979 380 689 VENICE CITY MAYOR SEAT 7 CITY OF VENICE (Vote for ) 1 Gary A. Anderson . 3,401 30.82 705 875 Dean Calamaras. 7,634 69.18 1,649 1,632 Over Votes . 1 0 1 Under Votes . 1,441 280 517

NORTH PORT COMMISSIONER SEAT 1 CITY OF NORTH PORT (Vote for ) 1 Richard A Lockhart 7,360 54.56 2,101 1,132 Len Wheat 6,129 45.44 1,813 947 Over Votes . 0 0 0 Under Votes . 2,883 919 384

NORTH PORT COMMISSIONER SEAT 2 CITY OF NORTH PORT (Vote for ) 1 Alberto S. Belinfante 5,437 39.30 1,581 710 Barbara L. Gross . 8,398 60.70 2,478 1,406 Over Votes . 0 0 0 Under Votes . 2,537 774 347

NORTH PORT COMMISSIONER SEAT 3 CITY OF NORTH PORT (Vote for ) 1 Hazel Hardman 5,805 44.06 1,662 959 Fred E. Tower III. 7,370 55.94 2,179 1,090 Over Votes . 1 0 1 Under Votes . 3,196 992 413

CA#1 (Vote for ) 1 YES 110,534 59.50 19,014 22,505 NO. 75,234 40.50 13,216 14,393 Over Votes . 6 0 6 Under Votes . 10,517 1,642 3,414

CA#2 (Vote for ) 1 YES 127,535 74.64 22,542 26,627 NO. 43,332 25.36 7,601 7,738 Over Votes . 2 0 2 Under Votes . 25,422 3,729 5,951

CA#3 (Vote for ) 1 YES 120,718 65.06 20,840 25,191 NO. 64,830 34.94 11,527 12,257 Over Votes . . 5 0 5 Under Votes . 10,738 1,505 2,865

CA#4 (Vote for ) 1 YES 78,760 43.13 13,666 16,037 NO. 103,835 56.87 18,046 19,708 Over Votes . 4 0 4 Under Votes . 13,692 2,160 4,569 CA#5 (Vote for ) 1 YES 128,479 68.08 22,724 27,071 NO. 60,238 31.92 9,976 10,929 Over Votes . 3 0 3 Under Votes . 7,571 1,172 2,315

CA#6 (Vote for ) 1 YES 122,758 66.97 21,189 25,600 NO. 60,547 33.03 10,701 11,451 Over Votes . 10 0 10 Under Votes . 12,976 1,982 3,257

CA#7 (Vote for ) 1 YES 158,841 85.30 27,417 33,710 NO. 27,373 14.70 4,871 4,163 Over Votes . 4 0 4 Under Votes . 10,073 1,584 2,441

CA#8 (Vote for ) 1 YES . 140,599 75.16 24,429 31,245 NO. . 46,470 24.84 7,961 6,839 C Over Votes . 4 0 4 r!f 2,230 1-0 Under Votes . 9,218 1,482 0•

Englewood Fire District N ENGLEWOOD AREA FIRE CONTROL DISTRICT (Vote for ) 1 YES (For) 4,444 54.18 834 929 NO (Against) 3,758 45.82 707 765 C Over Votes . 1 0 1 W Under Votes . 445 79 120

Venice Question CITY OF VENICE (Vote for ) 1 YES, for the amendment . 6,175 52.24 1,393 1,458 NO, against the amendment . 5,645 47.76 1,128 1,338 Over Votes . 1 0 1 Under Votes . 656 113 228

NP1 CITY OF NORTH PORT (Vote for ) 1 YES for Approval . 8,432 58.58 2,493 1,276 NO for Rejection . 5,962 41.42 1,693 938 Over Votes . 0 0 0 Under Votes . 1,934 647 205

NP2 CITY OF NORTH PORT (Vote for ) 1 YES for Approval . 7,340 53.11 2,174 1,116 NO for Rejection . 6,481 46.89 1,857 1,057 Over Votes . 1 0 1 ulk(,Aua vuces . 1,bub bUL Lqb

NP3 CITY OF NORTH PORT (Vote for ) 1 YES for Approval . 10,248 75.33 3,018 1,671 NO for Rejection . . 3,356 24.67 965 464 Over Votes . 0 0 0 Under Votes . 2,724 850 284

NP4 CITY OF NORTH PORT (Vote for ) 1 YES for Approval . 7,313 57.04 2,199 1,134 NO for Rejection . 5,508 42.96 1,587 849 Over Votes . 0 0 0 Under Votes . 3,507 1,047 436

NP5 CITY OF NORTH PORT (Vote for ) 1 YES for Approval . 8,355 63.09 2,474 1,339 NO for Rejection . 41887 36.91 1,433 730 Over Votes . 0 0 0 Under Votes . 3,086 926 350

NP6 CITY OF NORTH PORT (Vote for ) 1 YES for Approval . 6,208 47.25 1,906 899 NO for Rejection . 6,931 52.75 1,986 1,158 Over Votes . . 0 0 0 Under Votes . . 3,189 941 362 (IQ CD NP7 CITY OF NORTH PORT (Vote for ) 1 YES for Approval . 8,895 65.22 2,657 1,430 NO for Rejection . 41743 34.78 1,351 690 Over Votes . 0 0 0 Under Votes . . 2,690 825 299

NP8 CITY OF NORTH PORT (Vote for ) 1 YES for Approval . 8,750 64.12 2,656 1,346 NO for Rejection . 4,897 35.88 1,362 761 Over Votes . 0 0 0 Under Votes . 2,681 815 312

NP9 CITY OF NORTH PORT (Vote for ) 1 YES for Approval . 4,473 32.19 1,369 578 NO for Rejection . 9,422 67.81 2,702 1,580 Over Votes . 0 0 0 Under Votes . 2,433 762 261

NP10 CITY OF NORTH PORT (Vote for ) 1 YES for Approval . 8,623 61.25 2,582 1,251 NO for Rejection . 51456 38.75 1,558 915 Over Votes . 0 0 0 L04kV--t VVLC."i . . G, 4Y7 b7.! L73

NP11 CITY OF NORTH PORT (Vote for ) 1 YES for Approval . 5,917 42.58 1,817 760 NO for Rejection . 7,978 57.42 2,268 1,397 Over Votes . 0 0 0 Under Votes . 2,433 748 262

NP12 CITY OF NORTH PORT (Vote for ) 1 YES for Approval . 5,840 42.80 1,793 761 NO for Rejection . 7,804 57.20 2,231 1,381 Over Votes . 0 0 0 Under Votes . . 2,684 809 277

NP13 CITY OF NORTH PORT (Vote for ) 1 YES for Approval . 9,722 71.43 2,940 1,623 NO for Rejection . 3,889 28.57 1,081 507 Over Votes . 1 0 1 Under Votes . 2,716 812 288

NP14 CITY OF NORTH PORT (vote for ) 1 YES for Approval . 9,556 72.10 2,936 1,601 NO for Rejection . 3,698 27.90 997 490 Over Votes . . 0 0 0 Under Votes . . 3,074 900 328

NP15 CITY OF NORTH PORT (Vote for ) 1 YES for Approval . 10,498 77.42 3,159 1,684 NO for Rejection . 3,061 22.58 855 451 Over Votes . . 0 0 0 Under Votes . . 2,769 819 284

NP16 CITY OF NORTH PORT (Vote for ) 1 YES for Approval . 7,761 58.10 2,351 1,220 NO for Rejection . 5,597 41.90 1,584 890 Over Votes . . 0 0 0 Under Votes . . 2,970 898 309