01/17/2007 (2) - Laserfiche WebLink

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Al Minner, City Manager, City of Sebastian, 386 Belfast, commented on conflicts and whose Charter supersedes in zoning type regulations or CRA issues. He argued that those issues would only come up after an annexation, so the way the jurisdictional boundaries are now stays and county and city remain in their respective areas and we would not get into those conflicts unless the city would annex out after the immediate date of the formation of the Charter. Chairman Wheeler believed that would be by intent. Mr. Minner said that was how home rule existed when he was in Polk County. Commissioner O'Bryan believed it would be like Seminole County whose Charter reads that municipal ordinances will prevail over county ordinances except for those lands that fall under the "rural area", which would basically be lands outside the urban service area. Ms. Delegal again advised that it depends on the choices that are in the Charter. On the issue of dual referendum she informed that there are provisions in the Constitution that require dual referenda whenever functions of government are going to be transferred from one to another. So, if there were to be usurpation of an entire municipal function in the county government then the Constitution would require a referendum of the municipalities as well as a countywide referendum, which it is intended to protect. She recommended that as issues come up, before the county decides which direction to go, an independent analysis should first be conducted. She remarked that every land use choice that is made is going to require independent analysis and determination of whether a dual referendum is required. Chairman Wheeler thanked Ms. Delegal and expressed appreciation for her taking the time to come and speak with us. He also thanked everyone for participating. Public Workshop 01/17/07 10 Charter Government