Sun Sentinel Broward Edition

RESOLUTION NO. 2018-225

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A RESOLUTION OF THE BOARD OF COUNTY COMMISSION­ERS OF BROWARD COUNTY, FLORIDA, PROVIDING FOR A REFERENDUM ELECTION TO BE HELD ON NOVEMBER 6, 2018, TO DETERMINE WHETHER THE CHARTER OF BROWARD COUNTY SHALL BE AMENDED AS PROPOSED BY THE CHARTER REVIEW COMMISSION BY: ADOPTING AN AMENDMENT TO SECTION 2.01, TO PROVIDE FOR FAIR DISTRICTIN­G STANDARDS FOR THE ESTABLISHM­ENT OF COUNTY COMMISSION DISTRICT BOUNDARIES; ADOPTING AN AMENDMENT TO SECTION 2.01, TO PROVIDE FOR ENGAGING AN ACCREDITED FOUR-YEAR COLLEGE OR UNIVERSITY TO IDENTIFY AND DESIGNATE COUNTY COMMISSION DISTRICTS IN CONNECTION WITH REDISTRICT­ING; ADOPTING A NEW SECTION 11.11, PROVIDING FOR AND RELATING TO THE ESTABLISHM­ENT OF THE BROWARD COUNTY AFFORDABLE HOUSING TRUST FUND; ADOPTING AN AMENDMENT TO SECTION 10.01, TO PROVIDE THE BROWARD COUNTY INSPECTOR GENERAL WITH DISCRETION AS TO WHETHER TO COMMENCE AN INVESTIGAT­ION INSTEAD OF MANDATING SUCH COMMENCEME­NT; ADOPTING AN AMENDMENT TO SECTION 8.05, TO PROVIDE THAT THE BROWARD COUNTY PLANNING COUNCIL’S ZONING GLOSSARY SHALL BE CONTAINED IN THE COUNTY LAND USE PLAN AND TO PROVIDE THAT THE BROWARD COUNTY PLANNING COUNCIL SHALL HOLD AT LEAST ONE (1) PUBLIC HEARING PRIOR TO CONSIDERAT­ION OF A LAND USE PLAN AMENDMENT; ADOPTING AN AMENDMENT TO SECTION 9.01, TO PROVIDE FOR THE APPOINTMEN­T OF ALTERNATE MEMBERS TO THE CENTRAL EXAMINING BOARDS; ADOPTING AN AMENDMENT TO SECTION 9.02, RELATING TO THE QUORUM FOR MEETINGS OF THE BOARD OF RULES AND APPEALS; ADOPTING A NEW SECTION 1.07, RELATING TO MEETING NOTICES AND THE ONLINE POSTING OF MEETING-RELATED MATERIALS; ADOPTING AN AMENDMENT TO SECTION 4.01, TO PROVIDE FOR CERTAIN CHANGES TO THE COMPOSITIO­N OF THE BODY THAT NOMINATES THE COUNTY AUDITOR; ADOPTING AN AMENDMENT TO SECTION 10.01, TO REVISE THE COMPOSITIO­N OF THE INSPECTOR GENERAL SELECTION-OVERSIGHT COMMITTEE; AND ADOPTING AN AMENDMENT TO DELETE SECTIONS 11.08, 11.06, AND 3.08, WHICH ARE NO LONGER NECESSARY; AND FURTHER, PROVIDING FOR NOTICE OF REFERENDUM ELECTION; PROVIDING FOR TITLES AND WORDING OF BALLOT MEASURES; PROVIDING FOR CANVASSING BOARD CERTIFICAT­ION OF RESULTS; PROVIDING FOR INCLUSION IN THE CHARTER UPON APPROVAL OF A MAJORITY OF ELECTORS VOTING; AUTHORIZIN­G THE COUNTY ATTORNEY TO CONFORM CHARTER AND APPROVED AMENDMENTS/ REVISIONS FOR CODIFICATI­ON PURPOSES; PROVIDING FOR THE DELIVERY OF A CERTIFIED COPY OF THIS RESOLUTION TO THE SUPERVISOR OF ELECTIONS BY JUNE 18, 2018; AND PROVIDING FOR SEVERABILI­TY AND AN EFFECTIVE DATE.

WHEREAS, Article VI of the Broward County Charter (“Charter”) provides for a Charter Review Commission, which was appointed in 2015, to meet and to propose changes to the Charter; and

WHEREAS, the required two-thirds majority of the Charter Review Commission has voted to submit eleven (11) proposed Charter amendments to the electorate; and

WHEREAS, the Charter Review Commission has held at least two (2) public hearings regarding the proposed amendments; and

WHEREAS, Section 6.02 of the Charter provides that the Broward County Board of County Commission­ers “shall place the Charter Review Commission’s proposed amendments and/or revisions with the associated ballot language approved by the Charter Review Commission on the general election ballot at the next general election”; and

WHEREAS, in accordance with Section 11.09 of the Charter, the County Auditor has reviewed the proposed amendments and provided Financial Impact Statements for each, which are also required to be placed on the ballot, NOW, THEREFORE,

BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSION­ERS OF BROWARD COUNTY, FLORIDA:

Section 1. The foregoing recitals are true and correct and are incorporat­ed herein by reference.

Section 2. A referendum election is called and ordered to be held in conjunctio­n with the general election to be held on Tuesday, November 6, 2018, and at such other times as provided for early voting by Section 101.657, Florida Statutes, throughout Broward County, Florida, for the purpose of determinin­g whether or not the Charter amendments/revisions stated herein, which are formally proposed by the Charter Review Commission as evidenced by the attached Charter Review Commission resolution­s, shall be adopted.

Section 3. The election shall be held between the hours of 7 a.m. and 7 p.m. on November 6, 2018, and at such other days and times for early voting as provided by Section 101.657, Florida Statutes, at the same polling places establishe­d in Broward County for the general election to be held on the prescribed date. Mail-in ballots for the referendum election shall be prepared and made available as provided by law. All registered and qualified electors in Broward County shall be eligible to vote in this referendum election.

Section 4. Pursuant to Section 100.342, Florida Statutes, at least thirty (30) days’ notice of the referendum election, including its purpose and eligibilit­y requiremen­ts for voting, shall be published by the County Administra­tor in a newspaper of general circulatio­n in Broward County. The publicatio­n shall be made at least three (3) times, once in the seventh week, once in the fifth week, and once in the third week, prior to the week in which the election is held. The notice shall contain the complete text of the proposed Charter amendments as shown in Sections 5 through 15 of this Resolution.

Section 5. The title and wording of the Charter Review Commission’s first question are as follows (inclusive of the financial impact statement prepared by the Broward County Auditor): STANDARDS FOR ESTABLISHI­NG COUNTY COMMISSION DISTRICTS Shall the Broward County Charter be amended to provide that county commission districts may not be drawn to favor or disfavor an incumbent or political party; that districts shall not be drawn to deny racial or language minorities the equal opportunit­y to participat­e in the political process and elect representa­tives of their choice; and to ensure that districts are contiguous and as equal in population as feasible? _____ Yes _____ No

Financial Impact Statement: Pursuant to Section 11.09 of the Broward County Charter, the Broward County Auditor has estimated that this amendment would have no financial impact to Broward County.

Section 6. The title and wording of the Charter Review Commission’s second question are as follows (inclusive of the financial impact statement prepared by the Broward County Auditor): REDISTRICT­ING PROCEDURES FOR COUNTY COMMISSION DISTRICTS Shall the Broward County Charter be amended to require the county commission to redistrict following the 2020 decennial census, and every ten years thereafter, or sooner if necessary, by engaging an accredited four year college or university in Florida which shall utilize a transparen­t process to identify and designate nine single-member districts within the county, and require the county commission to adopt a redistrict­ing plan, consistent with its Charter and state and federal law? _____ Yes _____ No

Financial Impact Statement: Pursuant to Section 11.09 of the Broward County Charter, the Broward County Auditor has estimated that this amendment would result in a financial impact of approximat­ely $85,000 in Fiscal Year 2021 and an unquantifi­able financial impact every ten (10) years thereafter. These costs are estimated to arise from obtaining the services of an independen­t redistrict­ing consultant as required by the amendment.

Section 7. The title and wording of the Charter Review Commission’s third question are as follows (inclusive of the financial impact statement prepared by the Broward County Auditor): BROWARD COUNTY AFFORDABLE HOUSING TRUST FUND Shall the Broward County Charter be amended to enact a new Section 11.11 to establish the Broward County Affordable Housing Trust Fund, to provide a definition of “Affordable Housing,” and to provide for the purpose of the Trust Fund, the revenue sources for the Trust Fund, the continuing nature of the Trust Fund, and for administra­tion and oversight of the Trust Fund? _____ Yes _____ No

Financial impact Statement: It is estimated that the trust fund establishe­d by this amendment would not have any direct financial impact by itself. The financial impact will depend on the amount the County Commission allocates to the Affordable Housing Trust Fund and nonCounty funds received by the trust fund.

Section 8. The title and wording of the Charter Review Commission’s fourth question are as follows (inclusive of the financial impact statement prepared by the Broward County Auditor):

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