HomeMy WebLinkAbout08-31-2020 CCSP Agendama
SEBASTIAN
HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
SPECIAL MEETING
AGENDA
MONDAY, AUGUST 31, 2020 5:00 PM
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
CALLED BY VICE MAYOR MAUTI
EXPENDITURE OF FUNDS FOR RECALL ELECTION
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
4. EXPENDITURE nFFUNDS FOR RECALL ELECTION
i n accccoo�r aanca w R-'14a , public input is limited to the item on the agenda.)
5. ADJOURN
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LAWRENCE M. MIRMAN
CHIEF JUDGE
Nineteenth Judicial Circuit of Florida
COUNTIES OF MARTIN, ST. LUCIE,
INDIAN RIVER AND OKEECHOBEE
100 EAST OCEAN BOULEVARD
STUART, FLORIDA 34994
Leslie Rossway Swan, CERA, MFCEP
Supervisor of Elections
Indian River County
4375 43rd Avenue
Vero Beach, FL 32967
August 13, 2020
Re: Request for Reset of Recall Election Date of Designated Sebastian City Council Members
Dear Supervisor Swan:
SONIA ROSA
JUDICIAL ASSISTANT
(772)288-5560
FAX (772) 223-2614
By your letter, you have advised me that in order to avoid unnecessary, costly litigation, in an abundance of caution, you and
Jeanette Williams, Sebastian City Clerk, would like for me to reschedule the date for the recall election from September 9, 2020 to
September 15, 2020.
I have no problem accommodating your request, which is made in the best interests of the people of Indian River County.
Therefore, pursuant to Florida Statute §100.361(4), it being necessary for me to set a recall election date, now that the three
persons designated in the petition (Damien Gilliams, Charles Mauti and Pamela Parris) have chosen not to resign by the deadline set by
law, I do hereby set the recall election date for September 15, 2020.
Thank you.
Sent by e-mail to:
jwilliams@cityofsebastian.org
lswan@voteindianriver.com
reingold@ircgov.com
Sincerely,
Chief Judge Lawrence Mirman
INDIAN RIVER, MARTIN, OKEECHOBEE & ST. LUCIE COUNTIES 2 of 16
MUNICIPAL ELECTION AGREEMENT
THIS AGREEMENT by and between the INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS (hereinafter
"SOE") whose mailing address is 4375 431d Avenue
32967 and the CITY OF Sebastian
address is 1225 Main Street, Sebastian Florida,
Election (hereinafter "Election").
RECITALS:
, Vero Beach, Florida,
(hereinafter "Municipality") whose mailing
32958 , to conduct the City's Municipal
WHEREAS, Chapters 97 to 106, Florida Statutes, constitute the Florida Election Code (the "Code") which applies to
municipalities where expressly so stated; and
WHEREAS, Sec. 100.3605, Florida Statutes, states that "the Florida Election Code, chapters 97-106 shall govern the
conduct of a municipality's election in the absence of an applicable special act, charter, or ordinance provision"; and
WHEREAS, the Municipality and the SOE desire to work together to provide for municipal elections and to allocate
certain responsibilities and expenses between the two parties to ensure that the provisions of the Code are followed
during the municipal elections; and
WHEREAS, the SOE and the Municipality wish to enter into this Agreement to set out the terms of this coordinated
program.
NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter contained to be kept and
performed by the parties hereto, and for the mutual benefit of the Municipality its constituents and the SOE, it is agreed
as follows:
1. PURPOSE:
The purpose of this Agreement is to set forth the terms and conditions under which services will be provided by the
SOE and staff to the Municipality for municipal elections and to set forth the responsibilities of both parties so that there
is a clear understanding of the rights and responsibilities of all parties. Such rights and responsibilities shall apply to the
General, Run -Off, and Special Elections as necessary, as well as the Post -Election Audit, unless otherwise stated herein
below,
2. DATE OF GENERAL MUNICIPAL ELECTION:
The date of the City of Sebastian General Municipal Election is November 3. 2020
This agreement covers the General, Run -Off, and Special Elections as necessary, as well as the Post -Election
Audit for the year 2020 .
Either party to the Agreement may elect to withdraw from the Agreement upon written notice providing at least four (4)
months' notice.
ELECTION FEES FOR MUNICIPAL ELECTIONS:
Municipal Elections that are held in conjunction with county or state elections: S0.50 per registered voter
limited to regularly scheduled city/town council races. Print area allowed for amendments and/or referendums is
limited to 2'I2" wide by 5" length of print area. There will be an additional fee for amendments and/or referendums
which exceed print area allowed of: $0.35 per registered voter.
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Municipal Elections that are not held in conjunction with county or state elections: $2.00 per registered voter
(based on 1 card ballot). Additional ballot card: $0.35 per registered voter.
In the event of a Run -Off or Special Election, the above fees shall apply for the Run -Off or Special Election. As stated
above, the appropriate fee will depend if the Run -Off or Special Election is held in conjunction with county or state
elections or if the Run -Off or Special Election is not held in conjunction with county or state elections.
1n the event of a Recount (machine and/or manual). the municipality will be invoiced for the costs associated with the
Recount.
4. RESPONSIBILITIES OF BOTH THE MUNICIPALITY AND THE SOE FOR MUNICIPAL
ELECTIONS:
A. Notice and Advertisement
(1) Municipality
(a) Properly call and advertise the election according to statutes, charter, ordinance or resolution, at its own
expense.
(b) Request that the Supervisor of Elections conduct the municipality's election
(c) The municipality's Canvassing Board will be responsible for canvassing the election, when the election is
not held in conjunction with county or state elections.
(d) Provide SOE with any municipal boundary changes as soon as possible, but no later than 40 days prior to
the municipal election.
(e) The qualifying officer/municipal clerk, at the time of qualifying, shall give written notice of the time and
location of the public Logic & Accuracy test to each candidate qualifying with the municipality and obtain a
signed receipt that the notice has been given according to Sec. 10 1.56 12(2), Florida Statutes.
(2) SOE
(a) Publish legal notices for the Logic & Accuracy Test, Mail Ballot Canvass, Post Election Audit and news
releases on Book Closing on the SOE website and in a newspaper of general circulation in the county as
required by Florida Statutes.
(b) Send written notice by email, requesting a "read receipt" to the county party chair of each political party,
stating the time and location of the public Logic & Accuracy Test of the automatic tabulating equipment as
required by Florida Statutes.
B. Qualifying Candidates
(1) MunicipaIity
(a) Provide qualifying packets to candidates and accept and process all qualifying papers and fees.
(b) Collect Name and Pronunciation Guides from the candidates at the time of qualifying and submit to SOE.
(c) Respond to all candidate inquiries and questions.
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(d) Respond to all legal inquiries and questions.
(e) Respond to all media inquiries.
(f) Verify signatures of electors on any qualifying petitions submitted by candidates (if applicable).
(2) SOE
None
C. Ballots
(1) Municipality
(a) Provide SOE the language for any amendments and/or referendum questions seven (7) days prior to the
qualifying deadline. if mandated to provide additional languages other than English, the municipality must
provide amendments and/or referendum questions in all mandated languages.
(b) Provide the SOE with the candidate's names/ ballot order/and proofed amendments and/or referendum
questions no later than 5:30 p.m. on the last day of qualifying prior to the election.
(c) Review, amend (if necessary) and approve ballot proof prepared and provided by SOE to the municipality,
no later than 6:00 p.m. on the last day of qualifying prior to the election,
(d) Any modifications to the approved ballot layout after the 6:00 p.m. deadline on the last day of qualifying
prior to the election, is not guaranteed if ballot printing has commenced. Any requested modification must be
provided to the SOE in writing and signed by the appropriate parties, and in accordance with any special act,
charter, or ordinance provision.
(2) SOE
(a) Layout, check, proof and deliver ballot layout to the printer.
(b) Black printing only on ballots, color ballots incur an additional charge to the municipality.
(c) Receive, securely store and account for all ballots until disbursed to polling places.
(d) Audio ballot programming.
(e) Control all access to un-voted ballots while in the possession of the SOE.
(f) SOE will print one sample ballot advertisement, inclusive of all municipalities conducting elections, in a
newspaper of general circulation in the county or mail (or email if applicable) a sample ballot to each
household of a registered voter.
(g) SOE will post precinct specific ballots on the SOE website.
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D. Equipment Testing
(1) Municipality.
(a) Canvassing Hoard to be present during the Logic and Accuracy Test as noticed by SOE. The Canvassing
Board may designate one member to be its representative at the test per Florida Statute 101.55612(2).
(2) SUE
(a) Develop a unique test deck to be used for the Logic & Accuracy Test.
(b) Conduct the Logic & Accuracy Test.
E. Early Voting (OPTIONAL) - The SUE is not required to conduct early voting for municipal elections that
are not field in conjunction with state and federal elections. The responsibilities of the municipality
listed below under Section EI (a)—(f) and the responsibilities of the SOE listed under Section E2 (a)—(f)
are only applicable if the municipality agrees to offer early voting and pay all associated costs which are
indicated in Section E1 below.
(1) Municipality
(a) Reimburse the SOE for staff overtime hours due to weekend and/or evening hours for Early Voting.
(b) Pay SOE for Early Voting supplies, poll worker pay, Early Voting runner pay, site rental charges,
equipment delivery/pick-up charges, advertising, and any other costs associated with conducting Early Voting.
(c) Municipality shall conduct its Early Voting activities in accordance with Florida Statute 10 1.657.
(2) SOE
(a) Prepare and provide all supplies needed for each Early Voting site.
(b) Provide poll workers to staff Early Voting site(s) and additional personnel as needed.
(c) Train poll workers.
(d) Provide staffing to accept voted ballots daily at the SOE office.
F. Vote -by -Mail
(1) Municipality
(a) Refer all requests for Vote -by -Mail ballots to SOE.
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(2) SOE
(a) Determine eligibility and compile Vote -by -Mail ballot file.
(b) Accept all requests for Vote -by -Mail ballots by telephone, mail, online or in person.
(c) Prepare and mail Vote -by -Mail ballots as required per Florida Statute.
(d) Deliver Vote -by -Mail ballots to the Post Office.
(e) Receive Vote -by -Mail ballots at the SOE office and verify signatures on Vote -by -Mail certificates.
(0 Prepare and open Vote -by -Mail ballots for tabulation.
(g) Notify voter of the disposition of their rejected Vote -by -Mail ballot after determination by the Canvassing
Board, as required by law.
G. Polling Places
(l) Municipality
None
(2) SOE
(a) Arrange for use of polling places.
(b) Confirm polling place accessibility and ADA compliance.
(c) Notify voters, as required by law, if their regular polling place is to be temporarily relocated.
(d) Notify voters and the municipality of permanent polling place change(s).
Ii. Precinct Supplies
(1) Municipality
None
(2) SOE
(a) Provide precinct supplies.
(b) Provide precinct registers for each polIirig place location.
(c) Contract moving company for delivery and pick-up of voting equipment/supplies to and from polling
place.
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1. Moll Workers
(1) Municipality
None
(2) SUE
(a) Contact, contract with, and pay poll workers.
(b) Schedule and notify poll workers of training classes.
(c) Train poll workers.
(d) Provide training materials for poll workers.
J. Poll Watchers
(I) Municipality
None
(2) SOE
Designations for poll watchers must be submitted to the SOE office by noon of the second Tuesday prior to the
election, If designations are submitted, the pall watchers must be approved by the SOE on or before the
Tuesday prior to the election. Designations 1'or early voting sites (if applicable) shall be submitted in writing to
the SOE office at least 14 days before early voting begins. The poll watchers for early voting sites shall be
approved by the SOE no later than 7 days be Fore early voting begins per Florida Statute l01.131.
K. Election Day Support
(1) Municipality
None
(2) SOE
(a) Provide technical support personnel as needed.
(b) Provide phone support to respond to poll workers/voters on Election Day.
L. Ballot Tabulation/Counting of Election Results
(1) Municipality
(a) Canvassing Board present (only applies when the election is not held in conjunction with county or state
elections).
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(x) SOE
(a) Deliver all voted ballots and other necessary election related items to SOE office after the polling places
have closed on Election Day.
(b) Provide technical staff and equipment to tabulate election results.
(c) Post election results on SOE website and provide the same to local municipal television (upon request).
(d) Provide the municipality with unofficial election results upon conclusion of tabulation and canvassing of
ballots cast on Election Day.
M. Post -Election Day
(1) Municipality
None
(2) SOE
(a) Provide the municipality with an official certification of election results.
(b) Sort, inventory, pack and store all necessary election records and ballots until the expiration of retention
period prescribed by law.
(c) Process polling place affirmation forms.
(d) Notify voter of the disposition of their rejected Vote -by -Mail ballot after the determination by the
Canvassing Board, as required by law.
(e) Process provisional ballots
(0 Respond to public records requests regarding records kept on behalf of the municipality.
(g) Record voting history for each voter who voted.
N. Post -Election Audit
(1) Municipality
None
(2) SOE
(a) Organize precinct/race information for the Canvassing Board to randomly select the race and precinct that
shall be audited.
(b) Organize and prepare ballots for Post -Election Audit.
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(c) Provide SCE staff to conduct Post -Election Audit.
a. Recount
(1) Municipality (Applies only when the election is not held in conjunction with county or state elections.)
(a) Provide that the Canvassing Board will be responsible for the administration of the Recount, with support
and guidance From the SOE.
(b) Notify the candidates of the time, date, and location of the Recount.
(c) Post public notice(s) of the Recount with the time, date, and location.
(d) Recording and minutes as stipulated in Rule S-2.031 Recount Procedures.
(e) Canvassing Board to review with counting teams and observers, the Florida Statutes and rules which apply
to Recounts, specifically Rule i S-2.03 I Recount Procedures; and Rule I S-2.027 Standards for Determining
Voter Choice on a Ballot.
(f) Reimburse the SCE for all staff salaries/overtime and all other expenses required to conduct the Recount.
(2) SOE
(a) Post public notice(s) of the Recount with the time, date, and location at the SOE office.
(b) Test tabulating equipment as required by Florida Statute 10 1.5612.
(c) Prepare and organize ballots for Recount processing.
(d) Tabulate ballots and provide professional staff for equipment operations.
(e) Provide counting teams for examining out stacked ballots, in the event a Manual Recount is ordered.
(f) Provide official certification of the election as determined by the Canvassing Board,
P. Cancellation of Election
(1) Municipality
(a) If a scheduled election is cancelled, ancr the qualifying period, the municipality is responsible for all SOE
costs stipulated in this Agreement.
(2) SOE
None
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5.
6.
VA
HOED HARMLESS COVENANT:
Each party shall indemnify and hold the other harmless from all claims brought during the term of this
Agreement by third parties, including reasonable attorneys' fees, court costs and expenses, which may arise out
of or be attributed to the negligence of the indemnitor's employees in the performance of any of the covenants,
agreements, terms, or conditions to be performed or complied with under this Agreement. Neither parry's
liability to the other shall include punitive damages or interest for the period before judgment. Nothing.
contained herein shall be construed as a waiver of any immunity from, or limitation of, liability either parry has
under the Doctrine of Sovereign Immunity of Section 768.28 Florida Statutes. Additionally, neither party shall
be liable pursuant to this indemnity to pay a c[aim or a judgment by any one person or any claim or judgment.
or portions thereof, which when totaled with all other claims or judgments paid arising out of the same
incident or occurrence, which exceeds the limits of liability as set forth in Section 768.28(5) Florida
Statutes, provided, that the payment of said claint(s) shall be further limited to the actual amount of insurance
proceeds paid for such claim(s) covered by this indemnification. This indemnity specifically excludes any
requirement f'or one party to indemnify the other party for the other party's negligence or to assume any
liability for the other party's negligence as provided in Section 768.28 (19) Florida Statutes.
CHANCE IN LAW:
In the event any change in law abrogates or modifies any provisions or applications of this Agreement, the
parties hereto agree to enter into good faith negotiations and use their best efforts to reach a mutually
acceptable modification of this Agreement.
NOTICES:
Mail notices affecting the provisions of this Agreement may be delivered in person or be sent by certified mail,
or by a recognized overnight courier such as FedEx, to the individual designated below, until such time as
either party furnishes the other party written instruction to contract another individual.
For the SOE:
Supervisor of Elections
4375 43nd Avenue
Vero Beach, Florida 32967
Attention: Leslie Swan
lyWADI M111III 1l11799
For the Municipality:
Citv of Sebastian
1225 Main Street
Sebastian. FL 32958
Attention: Jeanette Williams
If any clause, section, or provision of this Agreement shall be declared to be unconstitutional, invalid or
unenforceable for any cause or reason, or is abrogated or negated by a change in law, the same shall be
eliminated from this Agreement, and the remaining portion of this Agreement shall be in full force and effect
and be valid as if such invalid portions thereof had not been incorporated herein.
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9. EFFECTIVE DATE:
The Effective Date of this Agreement shall be the latest date of execution by duly authorized representatives of
SOE and MUNICIPALITY as shown on the signature page hereto.
10. NO MODIFICATION EXCEPT IN WRITING:
This is the complete and final agreement between the parties, No representation other than those set forth
herein shall be binding upon the parties. No modification of this agreement shall be effective unless submitted
in writing and signed by both parties, and their duly authorized representatives.
IN WITNESS WHEREOF. we, the undersigned, do hereby state that we have the authority to bind and obligate as
promised herein. SOE and MUNICIPALITY for purposes of executing this Agreement on the dates set Forth below,
As to the SOE:
SUPERVISOR OF ELECTIONS
INDIAN RIVER COUNTY
Leslie Ros sway Swan, Super►+lis-or of EIectioonns
�
Date: kg- e6 r- t : 1]
As to the MUNICIPALITY:
A EST: INSERT NAME OF MUNICIPALITY
f-S ,4, City of Sebastian
Jeanette Williams Municipal Clerk '� Mayor
Ed Dodd
(Affix Municipal Seal) Date: 1-13-2020
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j
� I �11' �
I 'OP
Leslie R. Swan
Supervisor of Elections
Indian River County
August 26, 2020
Jeanette Williams, City Clerk
City of Sebastian
1225 Main Street
Sebastian, FL 32958
Dear Ms. Williams:
Enclosed please find the invoice and book closing voter totals for the City of Sebastian Recall
Election. The total cost to conduct the City of Sebastian Recall Election is $41,100.00, The cost
is $2.00 per registered voter residing in the City of Sebastian on the book closing date (August
17, 2020).
The Indian River County Supervisor of Elections office received check 4101575 for $ 40,770.00
on August 7, 2020. The balance due is $330.00. Should you have any questions or require
additional information, please do not hesitate to contact me at 226-3435.
Sincerely,
fit. � • � �'`�
Leslie Rossway Swan
Supervisor of Elections
Enclosures
4375 43' Avenue • Vezo Beach, FL 32967 1 Office: (772) .226-3440 1 Fax: (772) 770-5367 1 NvwNv.vo1A1AW.§ivezcom 5:
IRC Supervisor of Elections
4375 43rd Ave
Bill To
CITY OF SEBASTIAN
Jeanette Williams, CITY CLERK
1225 MAIN STREET
SEBASTIAN, FL 32958
Item Description
SPECIAL ELECT... September 15, 2020 Special Election Balance Owed
SPECIAL ELECT., Less Balance Forward
Phone #
772-226.3443
Invoice
Date Invoice #
8/26/2020 5142076
# of Voters Rate Amount
20,550 2.00 41,lU00
-40,770.00-40,770.00
Total $330,00
Fax # E-Mail Web Site
772-770-5367 tboyle a voteindianriver_com wwev.voteindiam ivcr.com
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Cm of
S1E13)k.ST11
HOME OF PELICAN ISLAND
CITY OF SEBASTIAN DECLARATION OF LOCAL STATE OF EMERGENCY
WHEREAS, Chapter 252.38, Florida Statutes, gives authority to duly constituted municipalities to
declare a State of Local Emergency in order to provide for the health and safety of persons and
property; and
WHEREAS, by virtue of Section 2-37 of the Code of the City of Sebastian, the power to declare a
Local State of Emergency is vested in the office of the Mayor, and;
WHEREAS, on March 1, 2020, the Governor of the State of Florida issued Executive Order 20-51,
directing the declaration of a public health emergency and establishing the State of Florida's response to
COVID-19; and
WHEREAS, on March 9, 2020, the Governor of the State of Florida issued Executive Order 20-52,
declaring that a state of emergency exists in the State of Florida by reason of COVID-19; and
WHEREAS on March 13, 2020, President Donald Trump proclaimed that the COVID-19 outbreak
in the United States constitutes a National Emergency beginning March 1, 2020; and
WHEREAS on March 17, 2020, Indian River County declared a local state of emergency exists in
all of Indian River County.
NOW, THEREFORE, as Mayor the City of Sebastian, I hereby declare a State of Local Emergency
in the City of Sebastian that will continue for the period of time in conjunction with the State of Florida
Declaration unless otherwise canceled by the city council and includes the following area(s):
a) The recalling or reassigning of City employees from vacation, canceling days off and mobilizing all
personnel required for disaster response;
b) The suspension of normal leasing and bid procedures to procure space, structures or other items
under their normal authority for disaster response;
c) The procurement of supplies, equipment, and services without formal bidding procedures;
d) The closing to the public of public places including streets, alleys, public ways, parks amusement areas
and public buildings;
e) The prevention of price gouging for any essential commodity, dwelling unit, or storage facility;
f) The conservation of water supplies; and
COVID -19 Initiavc-
Page 1
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Pursuant to this Declaration, the City Manager through the Chief of Police is hereby authorized to take
whatever prudent actions are necessary to ensure the health, safety, and welfare of the community.
Enacted: Signed by Mayor: �i "e� Date:
Time: 2:,,,
Witness: ly, A4
J
Cancelled: Signed by Mayor: Date. -
Time:
Witness:
CQVID -19 Initial Page 2
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