Agenda Item Name:
Title
Discussion of Potential Board-Initiated Charter Amendments
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Presenter:
Multiple Presenters (contact Ben Chumley, Growth Management, 374-5249)
Description:
Staff presentation and request for additional direction and clarification on prior Board motions concerning potential County Commission initiated Charter amendments.
Recommended Action:
Recommended Action
Receive presentation and provide direction to staff on potential Board-initiated Charter amendments.
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Prior Board Motions:
August 6, 2019:
• Direct the County Attorney to prepare an ordinance to modify and strengthen protections for citizen initiated ordinances that would not allow any actions by the County Commission for five (5) years, and any changes would require a super majority vote. The super majority vote would extend in perpetuity.
• Bring back language for a Charter amendment referendum that proposes:
o A plan that would designate areas (to be determined) for which land use and zoning control would remain under the authority of the County, based and modeled on the Seminole County plan.
o Full recovery impact fees would be collected countywide regardless of jurisdiction.
• Make sure that any proposed referenda from the Board be communicated to the Charter Review Commission.
February 19, 2019
Commissioner Byerly moved the following:
• Direct County Attorney to return to Board with some options for the Charter Review process Board approved point that would strengthen the protection for citizen approved ordinance changes increasing length of time/ or the requirements for the Board of County Commissioners to change it.
• Would like our Charter to carve out as much space as legally possible for the County to exercise growth management and environmental protection. He would like to push the envelope to gain as much control for the County as possible.
• Request the County Attorney to review other Charter Counties for ideas for stronger home rule protections.
• The makeup of the Charter Review Commission will be 12 members with no alternate with an open application process voted on by the Board as a whole with the normal Advisory Board process.
Fiscal Consideration:
Fiscal Consideration
N/A
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Background:
Pursuant to Alachua County Charter, Sec. 4.2(C), the Board of County Commissioners may propose amendments to the Charter. The Board may propose Charter amendments by ordinance with a super majority vote at least 90 days prior to a general election. The amendments will be incorporated into the Charter if approved by a majority of the electors voting in an election.
Sec. 4.2(C) Amendments proposed by the board of county commissioners.
(1) Amendments to this home rule charter may be proposed by ordinance adopted by the board of county commissioners by an affirmative vote of a majority plus one (1) of the membership of the board of county commissioners. Each proposed amendment shall embrace but one (1) subject and matter directly connected therewith. Each proposed amendment shall only become effective upon approval by a majority of the electors of Alachua County voting in a referendum at the next general election. The board of county commissioners shall give public notice of such referendum election at least ninety (90) days prior to the general election referendum date.
(2) If approved by a majority of those electors voting on the amendment at the general election, the amendment shall become effective on the date specified in the amendment, or, if not so specified, on January 1 of the succeeding year.