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HOME OF PELICAN ISLAND
CHARTER REVIEW COMMITTEE
AGENDA
TUESDAY, JANUARY 19, 2021 - 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. APPROVAL OF MINUTES
I. December 15, 2020 Organizational Meeting
5. REVIEW PUBLIC INPUT RULES
6. NEW BUSINESS
Review and Discuss Article I
(Public input will be invited after the introduction of each Article)
Sec.
1.02.
Extraterritorial powers.
Sec.
1.03.
Intergovernmental relations.
Sec.
1.04.
Boundaries.
Sec.
1.05.
Existing businesses may continue after annexation.
Review and Discuss Article II
(Public input will be invited after the introduction of each Article)
Sec.2.01.
Composition.
Sec.2.02.
Eligibility.
Sec.
2.03.
Election.
Sec.
2.04.
Term commencement.
Sec.
2.05.
Compensation.
Sec.
2.06.
Mayor; vice mayor.
Sec.
2.07.
General powers and duties.
Sec.
2.08.
Vacancies; forfeiture of office; filling of vacancies.
Sec.
2.09.
Judge of qualifications.
Sec.
2.10.
City council -employee relationship.
Sec.
2.11.
Investigations.
Sec.2.12.
Procedure.
Sec.
2.13.
Emergency ordinances.
Sec.
2.14.
Codes of technical regulations.
Sec.
2.15.
Authentication and recording; codification; printing.
Sec.
2.16.
Standing committees.
7.
STAFF MATTERS
8.
COMMITTEE MEMBER MATTERS
9.
ITEMS FOR NEXT AGENDA
10.
ADJOURN
NO STENOGRAPHIC RECORD BY A CERTIFIED COURT REPORTER WILL BE MADE OF THE FOREGOING
MEETING. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE COMMITTEE WITH RESPECT
TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, THEY WILL NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THEAPPEAL IS TO BE HEARD. (F.S.286.0105)
IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA) OF 1990, ANYONE WHO NEEDS A
SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITYS SEATING ADA COORDINATOR
AT 388-8226 -ADA@CITYOFSEBASTIAN.ORG AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING.
HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT
MEETINGS.
CITY OF SEBASTIAN
CHARTER REVIEW COMMITTEE MINUTES
TUESDAY, DECEMBER 15, 2020 - 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Call to Order — The City Attorney called the organizational meeting to order at 6:00 p.m.
2. Pledae of Alleaiance was recited by all
3. Roll Call
Present:
Grace Reed
Michael Goodfellow
Sherrie Matthews
Larry Napier
Karen Jordan
Beth Mitchell
Louise Kautenburg
Sharon Herman
Patti Sullivan
Dave Newhart
Amber Cerda
John Christino
Vicki Drumheller
Linda Kinchen (via Zoom)
Not Present:
Bruce Hoffman — Excused
Also Present:
Paul Carlisle, City Manager
Manny Anon, Jr., City Attorney
Jeanette Williams, City Clerk
4. New Business
A. Citv Attornev Overview of City Charter and Code Provisions Relative to Charter
Review Committee and Sunshine Law Provisions (Charter Section 5.03 and Code Sections 2-
231 and 2-232. Current City Charter. Sunshine Law Public Records Information. F.S.166.031)
The City Attorney said he appreciated their making an effort to attend tonight. He stated they
have all been provided a Charter to start reviewing and make recommendations to Council
within six months.
He went over the three open government requirements which are governed by the Florida
Constitution. He said two or more board members cannot discuss Charter business outside of
the noticed public meeting; and, any correspondence, e-mails, documents, etc. that they receive
germane to the Charter meetings is a public record and should be provided to the City Clerk for
retention.
To assist the members in appointing a chair, each member to introduced themselves and briefly
stated their reason for serving.
B. A000intmenl of Chairman
Ms. Cards nominated Beth Mitchell.
Ms. Reed nominated Louise Kautenburg.
Ms. Jordan nominated Larry Napier.
By a show of hands, Ms. Mitchell received the greater amount of votes. The gavel was handed
over to Beth Mitchell who will serve as chair.
CHARTER REVIEW COMMITTEE PAGE 2
MINUTES OF THE DECEMBER 15, 2020 MEETING
Ms. Kinchen nominated Louise Kautenburg.
Ms. Jordan Nominated Larry Napier.
By a show of hands, Ms. Kautenburg received the greater amount of votes.
D. Establish Time and Freouencv of Meetinas (Draft Schedule with Available Dates)
It was the consensus of the committee to meet again Tuesday, January 19 at 6 p.m.
5. STAFF MATTERS
The City Clerk noted that City Hall would be closed for President's Day in February.
The City Manager thanked everybody for their participation.
The City Attorney stated he would provide the meeting rules for the next meeting.
It was the consensus of the committee to review Articles I and II prior to the next meeting so
they would be ready to discuss any needed changes.
6. COMMITTEE MEMBER MATTERS
7. ITEMS FOR NEXT AGENDA
Chair Mitchell said during the introductions, many expressed issues they would like to discuss
and asked if there should be a separate agenda item to flush those issues out as soon as
possible. Mr. Newhart suggested if they are doing their homework ahead of time, they can flag
their issues and be able to focus their conversation.
Ms. Herman said Article II addresses council eligibility and a lot of what Chair Mitchell was
speaking to would be discussed at the next meeting.
Mr. Newhart said if a meeting goes too long, they can always continue to the next date
available.
Chair Mitchell wished everybody a Happy Holiday and to be safe.
8. Being no further business, Chair Mitchell adjourned the Charter Review Committee
meeting at 6:48 p.m.
By: Date:
jw
RESOLUTION NO. R-15.09
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, PROVIDING FOR MEETING START TIME AND END TIMES
FOR ALL CITY BOARDS AND COMMITTEES; PROVIDING FOR A
STANDARD AGENDA FORMAT; PROVIDING FOR PROCEDURES FOR
PUBLIC INPUT AND PUBLIC HEARINGS; PROVIDING FOR USE OF
ROBERTS RULES OF ORDER AS A GENERAL GUIDELINE; PROVIDING
FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida, believes
it to be in the best interest of the citizens of Sebastian to provide clear direction to Its appointed
Boards and Committees by approving a standard meeting time, meeting and public input
guidelines, and agenda format to be used to provide for successful Board and Committee meetings.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, as follows:
SECTION 1. BOARD AND COMMITTEE MEETING TIME. City Board and Committee
meetings shall begin no later than 6:00 p.m. and shall adjourn at 9:30 p.m. unless extended for not
more than 30 additional minutes by a majority vole of members present. All unfinished business at
adjournment shall be carried to the next meeting.
SECTION 2. ROBERTS RULES OF ORDER ADOPTED. City Boards and Committees
will follow the current edition of Robert's Rules of Order Newly Revised as a general guideline In the
conduct of all meetings and workshops. Failure to follow said rules shall not affect the validity of any
action taken.
SECTION 3. THE CHAIR. The Chair may make a motion, second a motion or participate in
discussion without relinquishing the chair. Members of the Board or Committee have the exclusive
right to raise questions of procedure or points of order to the Chair and have the Chair rule on the
procedure or point of order. Any member of the Board or Committee may appeal the decision of the
Chair, and the result shall be determined by majority vote.
SECTION 4. AGENDA FORMAT AND GUIDELINES FOR MEETINGS. The general
format and guidelines for City meeting agendas shall be generally in the form attached hereto as
Exhibit 'A". However, the board or committee may change the order of agenda headings by
majority vote.
SECTION S. ORDER FOR PUBLIC HEARINGS (OTHER THAN QUASI-JUDICIAL) Order
for public hearings (other than quasi-judicial procedures which are established by City Council
Resolution No. R-99-12) before City boards and committees:
A. Order of Business:
1. Chair shall announce the opening of the public hearing.
2. Where applicable, City Attorney shall read the Ordinance or Resolution by title unless
applicable law requires more than the title be read.
3. Chair, if appropriate, shall announce the rules that apply to the hearing.
4. Applicant presentation, if appropriate.
5. City staff shall make a presentation, comments and preliminary recommendation,'d any.
6. Public input.
7. City staff final comments and recommendation, if any.
8. Chair closes hearing.
9. Council Deliberation and Action
B. Continuance of Public Hearino. The Board or Committee may continue a public
hearing unless a continuance would violate applicable law. A public hearing may be continued to a
time certain stated In the record, or a continuance may be indefinite, in which case it shall be re -
noticed. The Board or Committee may defer action on a matter and continue the public hearing for
receipt of written comments on the matter.
SECTION 6. PROCEDURES FOR PUBLIC INPUT.
A. Procedures for All Public Input.
1. Time Limit. Individuals who wish to address the Board or Committee on any
agenda items for which official action is to be taken (typically items listed under
public hearings, new business and unfinished business) are allowed five minutes to
speak on that Item, however, the Board or Committee may extend or terminate an
individual's time by majority vote of members present.
2. Inppt Directed to Chair. Speakers shall address the Board or Committee
immedia e y prior to deliberation of the agenda item and all input shall be directed to
the Chair, unless answering a question of a member of the Board or Committee or
City staff. Individuals shall not address the Board or Committee after commencement
of deliberation on an agenda item after public input has concluded, provided,
however, the Chair and any member of the Board or Committee may call upon an
Individual to provide additional Input if desired.
3. Certain Remarks Prohibited. Personal, impertinent, and slanderous remarks,
political campaigning and applauding are not permitted and may result in sanctions
imposed by the Chair including expulsion from the meeting. Decisions by the Chair
may be appealed in accordance with Section 2 above.
C. Public Input. The heading on Regular Meeting agendas "Public Input" provides an
opportunity for individuals to bring new information or requests to the Board or Committee
not otherwise on the prepared agenda. Individuals are asked to attempt to resolve matters
with staff prior to meetings. Individuals are asked to provide copies of material for the Board
or Committee one week prior to the meeting if they intend to refer to specific material. The
Board or Committee will not debate an issue during Public Input but may by consensus
place a requested item on a future agenda.
SECTION 7. RULES AS GUIDELINES. It is intended that the rules set forth in this
Resolution provide a guideline for the effective operation of the business meetings of City Boards
and Committees, and no rights are bestowed upon any parties by the adoption of these rules or by
Board or Committee failure to act in accordance with them.
A. Suspension of Rules. Any provisions of this Resolution, in whole or part, may be
suspended by the affirmative vote of at least a majority of the members present.
B. Failure to Follow Rules. If a Board or Committee fails to abide by any provision of
this Resolution, such failure shall not Invalidate action taken by the Board or Committee.
SECTION B. CONFLICT. All resolutions or parts of resolutions in conflict herewith are
hereby repealed.
SECTION 9. EFFECTIVE DATE. This Resolution shall take effect upon its adoption.
The foregoing Resolution was passed for adoption by Council Member EV 1
was seconded by Council Member YVILL Part I an , and upon being put to a vote, thvote was as
follows:
Mayor Richard Gillmor
Vice Mayor Jerome Adams
Councilmember Andrea Coy
oay 2
Councilmember Jim Hill
Councilmember Bob McPartlan
my r.
The Mayor thereupon declared this Resolution
duly passed and adopted this ZZhdday of
Agri 1 , 2015.
CI SE 5 I N, MIORIDA
v:
i id illmor, ayor
ASTTE
llyaA. aio C
lerCyCk
Approved as to Form and Content for
Reliance byththe City of Sebastian Only:
Robert A. G sburg, Ci Attorney
EXHIBIT "A"
SEBASTIAN BOARD AND COMMITTEE
AGENDA FORMAT
AND GUIDELINES'
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. AGENDA MODIFICATIONS
Modifications and additions require unanimous vote of members. Deletions do not apply.
5. PUBLIC HEARINGS (does not apply to all boards)
Chair shall announce the opening of the public hearing
Where applicable, City Attorney shall read the Ordinance or Resolution by title unless applicable law
requires more than the title be read
Chair, if appropriate, shall announce the rules that apply to the hearing
Applicant presentation, if appropriate
City staff shall make a presentation, comments and preliminary recommendation, if any
Public input
City staff final comments and recommendation, if any
Chair closes hearing.
Council Deliberation and Action
6. UNFINISHED BUSINESS
7. PUBLIC INPUT
Public Input on items other than on the printed agenda, is rive minutes, however, it can be extended
or terminated by a majority vote of members present
8. NEW BUSINESS
9. STAFF MATTERS
10. BOARD OR COMMITTEE MEMBER MATTERS
11. ITEMS FOR NEXT AGENDA
12. ADJOURN
Any provisions of this Resolution may be suspended by the affirmative vote of at least a majority of
members present.