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HomeMy WebLinkAbout1999 04 26 Regular Item D />. ~ , COMMISS'ION AGENDA ITEM D Consent Informational Public Hearin Re ular X April 26. 1999 Meeting MG~ DEPT. Authorization REQUEST: City Manager and the City Attorney request the City Commission provide direction relative to conducting a referendum on the issue of fluoridation of the City water system in the November 2, 1999 General Election. PURPOSE: The Commission needs to determine whether to direct staff to take all steps necessary to place a referendum questionnaire on the November ballot. CONSIDERATION: An ordinance is necessary to place a referendum questionnaire on the November ballot. The ordinance needs to specify the referendum question. The ordinance formally. notifies the Supervisor of Elections, of our intent to place the item on the County ballot. This must be done at least 90 days prior to the election. The City could be responsible for certain costs of the election. NOTE: The referendum will be a non-binding expression of public sentiment on the issue. It is advisory only. FUNDING: None, if other issues appear on the ballot. RECOMMENDATION: The Commission is asked to provide direction to staff. ATTACHMENTS: City Attorney's Memorandum COMMISISON ACTION: LAW OFFICES FRANK KRUPPENBACHER, P .A. A Professional Association Frank Kruppcnbacbero Robert 0. Guthrie P.O. Box 3471 Orlando, Florida 32802-3471 10S E. Robinson Street, Suite 201 Orlando, Flotida 32801-1622 Telephone (407) 246-0'200 Facshni1c (407) 426-7767 .A.bo Admitted in Colorado MEMORANDUM SUBJECT: "Referendum" Requirements TO: Ronald McLemore, City Mana FROM: Robert D. Gutbrie, City Attorn DATE: April 6, 1999 You asked me to provide you with information fOJ consideration by the Mayor and City Commission regarding the legal requirements for a referendum on the issue of adding fluoride to the City water system. The first major issue that I need to make all aware of is that such a matter could only be made an advisory initiative. The rule of law is that issues which the elected body has the power to decide without benefit of voter input at a referendum will only result in an <<advisory" response from the voters if placed on the ballot Such an advisory indication may be quite helpful. but it does not result in a binding directive to the Commission from the voterS as would issues specifically identified in the State Constitution, statutes or City Charter as requiring voter approval. Examples of these issues include: constitutional amendments) bond issues pledging ad valorem taxes or amendments to the City Charter. To place a matter on the ballot the following requirements in Chapte.rs 100 and 101. Florida Statutes, must be complied with. Notice to the Supervisor of Elections for Seminole County; selection of a proposed election date (either a scheduled or proposed general election or a special election); the date must be at least ninety (90) days away plus time for the Supervisor to prepare notices of such an election to voters residing outside of the country or serving in the military; and, approval of the date by the Supervisor. The City would be required to prepare the ballot question language pursuant to state law (subject to the word limit requirements; worded in a way so that it can be answered "yes" for the proposition and "no" against the proposition). The ballot question, date of the election, and commitment to absorb the cost of the election if the question is to be considered at a special election called for that purpose or is at a primary election at which no other question or contested ballot race is set for E/Z'd JSStl '8 ~3I-OtlEIN3d~>l Wtl90: 60 66 i 2.13 Cldtl ;. Memoraqndum Ronald McLemore, City Manager April 6, 1999 Page Two consideration, must be adopted by the City Co:mm.i.ssion by ordinance. Conclusion: A question of this nature would be an advisory, non-binding expression of voter sentiment on the issue of adding fluoride to the City water system. Notice to and approval by the County Supervisor of Elections of the election date is required. At least ninety (90) days prior notice of the election is required to be provided to out of country voters. Two advertisements (one nine weeks and the other five weeks before the election) are required to be published by the City in a newspaper. An Ordinance stating the ballot question, the date of the election and the agreement to pay costs of the election (or a pro-rata share if other municipal issues are on the ballot)~ if the election date is not a scheduled general election date under state law. This is a summary ofilie requirements. As we get more specific with an election date and the ballot issue, then it will be easier to layout all of the requ:ireInents that apply, Cc: Mayor and City Commissioners City Clerk ~~ ~~ JJ'1'J. E/E'd JSS~ ~ ~3HO~BN3d~~ W~l0:60 66, l0 ~d~ IFtI!CEIVI!D APR 2 6 1999 CITY OF WINTER SPRINGS CITY HAll HONORABLE MAYOR PARTYKA and CITY COMMISSIONERS. of WINTER SPGS.FLORIDA 4-26-99 I, Frank Hooper, of Winter Springs Florida for the past 13yrs. and residence of 407 So.Alderwood St.....Is and has been in business for the past 10yrs. as Hoopers Pest Control Service at the same address... I am State Certified.Bonded,Insured. and business Lic.for the State of Florida..The ony truck I have had to do said service is a 86 Ranger short bed..It is always in the drive way late in the evenings,and stays there until early the next day.. Keeping in mind that it is in the night stage(darkness),and no-one can say that it is DEFACING, nor infringing on anyone that lives in the same area, nor is it unsightley..NOW LETS GET DOWN TO BASICS.OF THE LAW IN QUESTION. The law that was put on the books and passed for the law in and for Winter Springs,Florida is a fine LAW..JUSTIFIABLE INDEED..When applied in the right state of being.. When the subdivision, that I reside in was built, was at that time 33 yrs ago. Indeed it was the HIGH CLASS neighborhood, and that law was respected to the utmost..As most of said residence were not working people that had to bring their cars and trucks home from the job..They had an office, and means of higher statue, that they did not have to bring thir company car or truck to their residence.. Years passed by and other subdivisions were built and those that lived in this division...MOVED into the higher class area we will call it.. Thus leaving their former homes to sell for lower prices and the lower income people came in and,- THUS--COMMON EVERDAY WORKING PEOPLE moved into said homes and has been as such for many years.. They are the everyday workiong people that work for a company/corporation/ and or in business for themself..Poor people that have to do what they can with what they have and can do to make it each week,thru the month,just to pay the rent and utilities, then buy some groceries,if they have any money left..I know a lot of these people this date/time,and have know them for many years..Sometimes a neighbor will need help..a neighbor helps them out and soforth.. The City Of Winter Spgs,Fla. has over 32,000 residence at this ;: date..Since I have been living here I have met many good people and they also are hard working people that bring their cars/trucks/vans home at the end of each day and they are in business for themselfs,or working for a company that says you have to hit the road early everyday..They get back homer about the same time they started..AT 6-7AM.Til 6-7PM.. Drive thru the area during the day..show me how many you see that are an eye sore to that neighborhood..You will NOTHING...These people are just making a living and just getting by at that..They do not need for someone to enforce a law that has not been enforced for many years.. Yes,its right you should not park in the street..The people still honor that rule and they do not park in the street... I have been a police officer HERE in this area,as the material attached will show same and "The law" in question is a good law..BUT, it should be applied as the case stands...There is a difference of the class of the neighborhood's..The law can be split,according to said class of the people in question.. No Sir..Those working people are everyday working people as stated above and should not be charged a FEE to bring their truck/car home to rest a little before returning back to work, as long as the said vehichle is parked in their yard and does not block the access way for any emergency car/truck to said residence... Remember...These people are everyday citizens of Winter Spgs.and are registered voters, PLUS tax payers, and "MOST OF ALL"They are VOTERS that do have a say-so as to what and WHO gets to be in office of any political statue in and for the City of Winter Spgs... I have been approached by many in this past month asking me would I be their spokeperson..THUS,I am taking it upon myself to use my background in law and order for several years..PLUS.Military..To show my statue of being a man of statue in my past years... Up to this date/time I have been called on the phone, knocks on the door by people that I have not met prior to this encounter of the City Winter Spgs. and they are scared,and no-one to turn to..I guess the word got around from my friends to others,and they are asking for help...Remember..That law is a good law but, should be applied as to the neighborhood as stated above..My attached material if from the past as all of us have something in the past that can help if they would just think about it when it is in need by your fellow man..Thats why I am going all out to help my neighbors and friends..They need someone to step forth and speak in their behalf.. WELL,Honorable Mayor Partyka..AND..City Commissioners..review all contained and look into your hearts, and future, of Winter Spgs,Fla..and then make a decision.on the above law..I am sure you will make the right decision. SERVICE photo 2. jpg Fr,qwJ< )J:;~!~I?, W)'Y/ /4-.J--P # fIJ. ~ I ) 9 52 ~ J'/3, k~.h4 ,1/W~ J rJ J4- I f rx..A.R.. < ElM, ~, [3 51 ~ ~ Photo 15.. jpg ~nn~n 1 7 . jpg 16 . jpg fl)~t__~___ ~)< p~ )91'(1-7/ 14. jpg ~:-f11 ~ SmvJ It ::':~Jl ''',\. L'___ ;"'''_1 :"" ==-~:"j~Ji~t!~~~![4~~. . ~,vJ~ )~+ J3.J!y1~'-)tlJ-1 /Pr ~~ (j)0~ 5 ~ :)1 L I JrJ#'(- ~ 19 )t..,b P t;{k I