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HomeMy WebLinkAbout04-27-2021 CR AgendaMy Lf SE, HOME OF PELICAN ISLAND CHARTER REVIEW COMMITTEE MEETINGIPUBLIC HEARING AGENDA TUESDAY, APRIL 27, 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. COMMENCE CHARTER REVIEW COMMITTEE MEETING pgs 8-15 A. Approval of Minutes — April 8, 2021 Meeting/Public Hearing 5. RECESS CHARTER REVIEW COMMITTEE MEETING AND CONVENE THE PUBLIC HEARING As the following amendments are considered, please be advised that words stricken shall be deleted; words underlined shall be added; the remaining provisions continue lin effect. The use of ellipses { * * * * *) indicates existing language is omitted for the sake of brevity. Chair opens hearing in its entirety Chair announces title Chair calls for a motion & a second Committee receives public input Chair closes public input Committee deliberation Call the question A. Sec. 1.02 Exterritorial Powers. * (4) Public utilities. To furnish any and all local public services, including but not limited to communication, electricity, gas, water, lights, or transportation, and to charge and collect necessary fees or charges therefor, to purchase, hire, construct, own, extend, maintain, operate or lease any public utilities, electric light system, telephone and telegraph system, waterworks and plants, ice plants, and works, gas plants and distribution systems, bus or transit systems, radio broadcasting stations, television stations, cablevision rebroadcasting systems, telephone systems, or other public utility; to establish, impose and enforce rates and charges for supplying such services or conveniences by the city to any person, persons, firm or corporation; to furnish any and all local public services to persons, firms, industries, or municipal corporations residing or located outside of the limits of said city. To acquire in any lawful manner in the State of Florida such water, lands and lands under water as the city council may deem necessary 1 of 17 for the purpose of providing an adequate water supply for said city and the piping and conducting of the same, to make reasonable rules and regulations for promoting the purity of its said water supply and protecting the same from pollution and for this purpose to exercise full police powers over all lands comprised within the limits of the water shed tributary to any such supply wherever such lands may be located in the State of Florida. Chair announces title Chair calls for a motion & a second Committee receives public input Chair closes public input Committee deliberation Call the question B. Sec. 2.02 Eligibility. No person shall be eligible to hold the office of council member unless he or she is a qualified elector in the city and actually continually resided in the city for a period of one (1) year immediately preceding the final date for qualification as a candidate for said office. Once elected or appointed, council member must maintain continuous phvsical residencv and voter reoistration in the Citv of Sebastian throughout their term of office. Chair announces title Chair calls for a motion & a second Committee receives public input Chair closes public input Committee deliberation Call the question C. Sec. 2.06.(b) Mayor; vice -mayor (b) Mayor —Duties, general. The mayor shall preside at each meeting of the city council, shall have a vote upon matters before the city council, but shall not possess a veto power. The mayor shall have the power to declare a state of local emergency, preserve the peace and order, be recognized as the head of the city government for all ceremonial purposes, and shall be recognized by the governor as the head of the city government for purposes of military law. The mayor shall sign all ordinances, resolutions and proclamations of the city council or other documents as required by law on behalf of the city as directed and authorized by the city council, which shall also be attested by the city clerk. Chair announces title Chair calls for a motion & a second Committee receives public input Chair closes public input Committee deliberation Call the question D. Sec. 2.06.(c) Mayor; vice -Mayor 2of17 (c)Vice-mayor—Selection and term. Immediately subsequent to the selection of a mayor, the city council shall elect a vice -mayor from among its members. The teff.m -of the - The vice -mayor shall be elected using the same procedure as for the election of mayor. Chair announces title Chair calls for a motion & a second Committee receives public input Chair closes public input Committee deliberation Call the question E. Sec. 2.08(a) Vacancies; forfeiture of office; filling of vacancies. (a) Vacancies. The office of council member or the mayor shall become vacant upon his/her death, resignation, removal from office in any manner authorized by law or forfeiture/suspension of his/her office. Chair announces title Chair calls for a motion & a second Committee receives public input Chair closes public input Committee deliberation Call the question F. Sec. 2.08(c) Vacancies; forfeiture of office; filling of vacancies. (c) Suspension from office. A council member or the mavor may be suspended from his/her office if he/she is arrested for a felonv or for a misdemeanor related to the duties of office. t Chair announces title Chair calls for a motion & a second Committee receives public input Chair closes public input Committee deliberation Call the question G. Sec. 2.08(d) Vacancies; forfeiture of office; filling of vacancies. (d) Special Hearina. The Citv Council. with the advice of the city attorney. will hold a special hearing to consider the vote to remove or suspend a council member or mavor if in violation of Sections (b) or (c). 3 3of17 Chair announces title Chair calls for a motion & a second Committee receives public input Chair closes public input Committee deliberation Call the question H. Sec. 2.08(e) Vacancies; forfeiture of office; filling of vacancies. (s) Lej Filling vacancies. Any vacancy in the office of council member shall be filled in accordance with the provisions of this subsection: (1) if there is a scheduled citywide election within six months of the occurrence of the vacancy, the remaining members of the city council may either (A) permit the vacancy to be filled at that election, or (B) appoint a replacement. (2) If there is no scheduled citywide election within six months of the occurrence of the vacancy, the remaining members of the city council shall appoint a replacement within 45 days. In the event the city council fills a vacancy by appointment, the person chosen to fill the office shall at the time of appointment meet the qualifications for a member of the city council. An appointed city council member shall serve only until the next citywide election or until city council revokes the suspension and restores the council member or manor to office in accordance with Section 3 below. If the vacancy has occurred in the term of a city council member that extends beyond the next citywide election, the remainder of the unexpired term shall be filled at that election, and the candidate shall run specifically for that seat on the city council. Chair announces title Chair calls for a motion & a second Committee receives public input Chair closes public input Committee deliberation Call the question I. Sec. 2.08(3) Vacancies; forfeiture of office; filling of vacancies. (3) If the council member or mavor is acquitted or found not guilty or is otherwise cleared of the charges which were the basis of the arrest, indictment, or information by reason of which he/she was suspended. under Section (b)-(d) then the city council shall forthwith revoke the suspension and restore the council member or mayor to office. However, any person who pleads ouilty or nolo contendere or is found ouilty shall be deemed to have been convicted notwithstanding a suspension of sentence or a withholding of adiudication is considered to be guilty. 4 4of17 Chair announces title Chair calls for a motion & a second Committee receives public input Chair closes public input Committee deliberation Call the question J. Sec. 2.08(d) Vacancies; forfeiture of office; filling of vacancies fill thig I, s sestfen. Move to Sec. 4.02 Chair announces title Chair calls for a motion & a second Committee receives public input Chair closes public input Committee deliberation Call the question K. Sec. 2.12 Procedure. (a) Meetings. The city council shall meet regularly at least once a month at such times and places as the city council may prescribe by resolution. Special meetings of the city council may be held on the call of the mayor or any council member limited to one topic. There shall be at least twenty-four (24) hours advance notice of any special council meeting called and said meetings shall only be held after 5 p.m. if a public emergency exists any council member or charter officer may call a special meeting, and Mee advanced reasonable notice is required. all ,be waived. All city council meetings shall be public meetings, except as otherwise permitted by law. Chair announces title Chair calls for a motion & a second Committee receives public input Chair closes public input Committee deliberation Call the question L. Sec. 4.02 Filing of candidate's oath; fee. (b) The oath set forth in subsection (a) shall be filed with the city clerk at least eighty-one 89 sixty-(69) days, but no more than ninetv-six (96) ) days, prior to the day of the election, along with payment of a nonrefundable filing fee in an amount to be set forth by Code. 5of17 (c) N4 Filling vacancies in candidacv. In the event that following the close of the official aualifvina period set out in Charter Section 4.02(b). the number of legally aualitred candidates is fewer than the number of seats open for election, the new citv council shall fill the vacancv in office. Chair announces title Chair calls for a motion & a second Committee receives public input Chair closes public input Committee deliberation Call the question M Sec. 4.12 Election procedures; tie vote. (b) In the event that at any election there are two (2) or more candidates for the same office and they should receive the same number of votes, the outcome shall be in accordance with Florida law. be-hlvee.q the Ved to -he held no later- than th#�y (3Q) day-6 aft6F the r-esu#s o Chair announces title Chair calls for a motion & a second Committee receives public input Chair closes public input Committee deliberation Call the question N. Sec. 4.14 Interim government. Should a condition arise where there should not be a maioritv (3 or more) be -rye city council serving, either through death, resignation, removal or suspension from office or otherwise, in the interim until a special election can be called to fill such vacancies, the city clerk shall have the power to fill the vacancies until successors are elected, —and such city council so appointed shall call a special election as provided by this Charter. in the event of the inability or refusal of the city clerk to serve in such capacity or to fill such vacancies, within five (5) days after such condition arises, the city manager shall do so. In the event of the inability or refusal of the city manager to act within twenty-four (24) hours, the city attorney shall do so. Chair closes public hearing pgs 16-17 8. DISCUSS PRESENTATION TO COUNCIL AT MAY 12, 2021 CITY COUNCIL MEETING 9. 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 THE APPEAL 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 CITY'S SEATING ADA COORDINATOR A T 388-8226 - ADA@CITYOFSEBASTiAN.ORG AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. ;. 6of17 ZOOM INFORMATION Please click the link below to join the webinar: https://us02web.zoom. us/i/84371110939 Or One tap mobile : US: +19294362866„84371110939# or + 13017158592, , 84371110939# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 929 436 2866 or +1 301 715 8592 or +1 312 626 6799 or +1 669 900 6833 or +1 253 215 8782 or +1 346 248 7799 Webinar ID: 843 7111 0939 International numbers available: https://us02web.zoom.us/u/kk2AsakA 7 7 of 17 CITY OF SEBASTIAN CHARTER REVIEW COMMITTEE MINUTES THURSDAY, APRIL 8, 2021 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Chair Mitchell called the Charter Review meeting to order at 6:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL Present: Beth Mitchell — Chair Sherrie Matthews Sharon Herman Linda Kinchen Michael Goodfellow (Zoom) Vicki Drumheller (Zoom) Dave Newhart Larry Napier 4 5 Also Present: Council Member Bob McPartlan City Manager Paul Carlisle City Attorney Manny Anon, Jr. City Clerk Jeanette Williams Facilitator Cathy Testa Louise Kautenburg — Vice Chair Karen Jordan Patti Sullivan Bruce Hoffman Amber Cerda Grace Reed John Christino COMMENCE CHARTER REVIEW COMMITTEE MEETING A. ADoroval of Minutes — March 23, 2021 Meetinq MOTION by Ms. Cerda and SECOND by Ms. Matthews to approve the March 23, 2021 minutes passed with a unanimous voice vote. (15-0) B. Address Scrivener's Error — Sec. 2.08(b) Vacancies: forfeiture of office: filling of vacancies. (Transmittal) Chair Mitchell asked the members to turn to page 23 of the agenda backup to see the City Clerk's request to rescind the motion of the section that was not changed by the Committee. The City Clerk explained that at the last meeting this section change was mistakenly put before the Committee that was not made during the Committee's original discussion held on February 9'h. She requested rescission of the motion to forward the change to City Council and noted the rescission would include the start of the gender changes_ MOTION by Ms. Kinchen and SECOND by Mr. Hoffman to rescind the motion to Forward the Sec. 2.08(b) change to City Council passed with a unanimous voice vote. (15-0) Chair Mitchell thanked the City Clerk for bringing this to the committee's attention. RECESS CHARTER REVIEW COMMITTEE MEETING AND CONVENE THE PUBLIC HEARING 8 of 17 E44INtjrR REti"lE S GF THE,4 COM ,-rrEE 8 202 / BEET/NG Chair �ened it�hell tea pVeLIG HE4�I ' d e fcoll NG th public hearing owing state r�hfo!/owing ate Op•rriment to ekp/ain the PAGE2 ry "�ainn9, pko� �0�'d s are c notations on the a a'icatos existing ian continue, etee wora''s de d,, p/ease 9enda and A. ua9e i o ect. //nea be ads se . omitted for thy. &/7iW ,be ado(. that lh�, use 7' U2 Fxterritor/al o'r e!/ips�, f4 P�'E'rg sake of breVrty s W � Public uti/ities c°mrnunic To nee& atian furn/ W: Rerate"roy fees elect, ch r"city, gas ""y arpd /a w ;s Ystern lease arges thet water /i eal public sYsterr"s waterworks ny public of°r- to ghts �� tit/!!tics purcha r transpar a ,,� me/tiding b es b/eV/S/a�hus ar tran�d plar"ts elect se` hire c an{y tit not/ - I c0,71/, S iM00 e "Yeast/rag slt s-f`stems c� plants, �"91V sYste struct. qw° charge, at tlr�ited to a/!loco/ ences by the nY enf©Ysterns to "° br°ad Forks S eleph� ktenda� Oct 1°cote Au�lic seracltY to an e rates lep/�one astir"9 an "lorid IUD "dc 'Cos to per, y per and system statlQn�la"ats and tel� ram of t/"& /i sons f;or� dersocrharges for or °th telev/sigr" "stri uti©n f°r th& our Water 1"nYs "ts of saicy Ms fndus srrr" ar suaplyin er pu�li& stations c° tductin9 oft of pro�'idi and lands c/ty 7-a ac trr�s orb Cot-, atio g such utility. to purr y of he n tin Qulr unit/' t° sere/c to exerc/ f is s"ley" same t� an &degUd er tv&ter a5 in arty la pal corc+or furnish an es or tribrrt se fu// ter su make e �" the wfu/ ation Y a ar Ao/i pp/ real ter s citY c Senn s resi nd Chair Y to an*2g Or Y suca s op/y ' ° er a// /ec � � he rule � "lndre sa"a pity aY yg � 17d thene State of air Mite her&per su h lac�d� pr/ ��, I po t1tio -0, p o/A /nu9 and essa to continue ` ou0ced the * * locate,, "ni tor thi e there Was g fanvard Witttle MGT/G "'aYbe te /lt�fthe,at��r° Se n° public i the changes to Se M Na tare af,cjari�a ed B Sec. input. The motion parr• Se 7.42 E.�teer d SEC aND �•ored With rrt°rial Po e A4S. kinchen ? Fligibi/ity, a unanim°us voice �° Petro Qua!/fr n shall be d eleGtar in elig/b!e t ote. °ffce. ��� '"nedi"t&and ''7alcY tr"& a� Chair Mitchellesidenc aoo Near A a 7 gt he f a/ d 1i/7ce of °e ncl/ ,�&mbe rstratian d c°unci/ ate for sided in th run/es NeWhartto finu ounced t rn the Cit ° f e bet- quallfcatien city f°r ahe ar she is There e movi he title Sebasti must n'aint s a candiperrQd ofo a ng fo MpT an thr a/n CO date far ne W a no publin i "aid Withthe CN by °u hour th ntinuo sa;d Haut. The motion far changes to s�Mr pier andeirterry, afacarea! Carried With l th a unanin C. 2 �2 E/i SE C©ND by Njr. °us voice vote 2 9Of1;, CHARTER REVIEW COMMITTEE PAGE :3 MINUTES OF THE APRIL 8, 2021 MEETING & PUBLIC HEARING :)'1 4'd C. Sec. 2.06.(b) Mayor; vice -mayor (b) Mayor —Duties, general. The mayor shall preside at each meeting of the city council, shall have a vote upon matters before the city council, but shall not possess a veto power. The mayor shall have the power to declare a state of local emergency. preserve the peace and order, be recognized as the head of the city government for all ceremonial purposes, and shall be recognized by the governor as the head of the city government for purposes of military law. The mayor shall sign all ordinances, resolutions and proclamations of the city council or other documents as required by law on behalf of the city as directed and authorized by the city council, which shall also be attested by the city clerk. Chair Mitchell announced the title. MOTION by Mr. Napier and SECOND by Ms. Cerda to continue moving forward with the changes to Sec. 2.06 (b) Mayor; vice mayor. There was no public input. The motion carried with a unanimous voice vote. (15-0) D. Sec. 2.06.(c) Mayor; vice -Mayor (c)Vice-mayor—Selection and term. Immediately subsequent to the selection of a mayor, the city council shall elect a vice -mayor from among its members. The term of the Vic - The vice -mayor shall be elected using the same procedure as for the election of mayor. Chair Mitchell announced the title. MOTION by Mr. Napier and SECOND by Mr. Christina to continue moving forward with the changes to Sec. 2.06 (c) Mayor; vice mayor. There was no public input. The motion carried with a unanimous voice vote. (15-0) E. Sec. 2.08(a) Vacancies; forfeiture of office; filling of vacancies. (a) Vacancies. The office of council member or the mayor shall become vacant upon his/her death, resignation, removal from office in any manner authorized by law or forfeiture/suspension of his/her office. Chair Mitchell announced the title. MOTION by Ms. Cerda and SECOND by Ms. Kinchen to continue moving forward with the changes to Sec. 2.08 (a) Vacancies; forfeiture of office; filling of vacancies. There was no public input. The motion carried with a unanimous voice vote. (15-0) 3 10 of 17 CHARTER REVIEW COMMITTEE MINUTES OF THE APRIL 8, 2021 MEETING & PUBLIC HEARING F. Sec. 2.08(c) Vacancies; forfeiture of office; filling of vacancies. PAGE 4 ev` * * * * * �, (c) Suspension from office. A council member or the mayor may be suspended from his/her office if he/she is arrested for a felony or for a misdemeanor related to the duties of nffi— * Chair Mitchell announced the title. MOTION by Ms. Kinchen and SECOND by Ms. Herman to continue moving forward with the changes to Sec. 2.08 (c) Vacancies; forfeiture of office; filling of vacancies. There was no public input. The motion carried with a unanimous voice vote. (15-0) G. Sec. 2.08(d) Vacancies; forfeiture of office; filling of vacancies. (d) Snecial Hearino. The Citv Council, with the advice of the city attorney, will hold a special hearing to consider the vote to remove or suspend a council member or mavor if in violation of Sections (b) or (c). Chair Mitchell announced the title. MOTION by Ms. Cerda and SECOND by Ms. Herman to continue moving forward with the changes to Sec. 2.08 (d) Vacancies; forfeiture of office; filling of vacancies. There was no public input. The motion carried with a unanimous voice vote. (15-0) H. Sec. 2.08(e) Vacancies; forfeiture of office; filling of vacancies. (G) Filling vacancies. Any vacancy in the office of council member shall be filled in accordance with the provisions of this subsection. (1) If there is a scheduled citywide election within six months of the occurrence of the vacancy, the remaining members of the city council may either (A) permit the vacancy to be filled at that election, or (B) appoint a replacement. (2) if there is no scheduled citywide election within six months of the occurrence of the vacancy, the remaining members of the city council shall appoint a replacement within 45 days. in the event the city council fills a vacancy by appointment, the person chosen to fill the office shall at the time of appointment meet the qualifications for a member of the city council. An appointed city council member shall serve only until the next citywide election or until city council revokes the suspension and restores the council member or mayor to office in accordance with Section 3 below. If the vacancy has occurred in the term of a city council member that extends beyond the next citywide election, the remainder of the unexpired term shall be filled at that election, and the candidate shall run specifically for that seat on the city council. 4 11 of 17 CHARTER REVIEW COMMITTEE PAGE 5 MINUTES OF THE APRIL 8, 2021 MEETING & PUBLIC HEARING Chair Mitchell announced the title. MOTION by Mr. Napier and SECOND by Ms. Herman to continue moving forward with the changes to Sec. 2.08 (e) Vacancies; forfeiture of office; filling of vacancies. Richard Gillmor asked the committee to consider having an elected mayor, for a three year term, especially during COVID pandemic where he has extraordinary powers. That way if the mayor doesn't represent the people, they could make their wishes known at the ballot box. Chair Mitchell thanked Mr_ Gillmor for his suggestion. There was no further discussion. The motion carried with a unanimous voice vote. (15-- 0) A. I. Sec. 2.08(3) Vacancies; forfeiture of office; filling of vacancies. (3) If the council member or manor is acouitted or found not auilty or is otherwise cleared of the charges which were the basis of the arrest, indictment, or information by reason of which he/she was suspended. under Section (b)-td) then the city council shall forthwith revoke the suspension and restore the council member or mayor to office. However, any person who pleads not auilty or polo contendere or is found auilty shall be deemed i"o have been convicted notwithstanding a suspension of sentence or a withholding of adiudication is considered to be auilty. Chair Mitchell announced the title. MOTION by Ms. Cerda and SECOND by Ms. Herman to continue moving forward with the changes to Sec. 2.08 (3) Vacancies; forfeiture of office; filling of vacancies. Mr. Christino cited, "However, any person who pleads not guilty or nolo contendere or is found guilty shall be deemed to have been convicted ..." and stated the wording did not seem right with him. Mr. Goodfellow agreed with Mr. Christino who said it was taking away someone's right to plead not guilty. The City Attorney replied the language was taken directly from F.S.112.51(5) and offered to meet with Mr. Christino. There was no public input. The motion passed with a voice vote of 14-1. J. Sec. 2.08(d) Vacancies; forfeiture of office; filling of vacancies al Sally- �uaalifi�sf 4 fi# the vacancy in office in the came manner de G4bed- abode in n onh (G) of this ses4o - Move to Sec. 4.02 5 12 of 17 CHARTER REVIEW COMMITTEE PAGE 6 MINUTES OF THE APRIL 8, 2021 MEETING & PUBLIC HEARING Chair Mitchell announced the title. MOTION by Ms. Cerda and SECOND by Ms. Kinchen to continue moving forward with the changes to Sec. 2.08 (d) Vacancies; forfeiture of office; filling of vacancies. 6:18 pm There was no public input. The motion carried with a unanimous voice vote. (15-0) K. Sec. 2.12 Procedure. (a) Meetings. The city council shall meet regularly at least once a month at such times and places as the city council may prescribe by resolution. Special meetings of the city council may be held on the call of the mayor or any council member limited to one topic. There shall be at least twenty-four (24) hours advance notice of any special council meeting called and said meetings shall only be held after 5 p.m. If a public emergency exists any council member or charter officer may call a special meeting, and the advanced reasonable notice is reauired. be waived. All city council meetings shall be public meetings, except as otherwise permitted by law. Chair Mitchell announced the title. MOTION by Mr. Newhart and SECOND by Ms. Cerda to continue moving forward with the changes to Sec. 2.12 Procedure. There was no public input. The motion carried with a voice vote of 14-1. At the end of the list, the City Manager and Attorney asked that the Committee return to Sec. 2.08(3) Vacancies; forfeiture of office; filling of vacancies. L. Sec. 4.02 Filing of candidate's oath; fee. (b) The oath set forth in subsection (a) shall be filed with the city clerk at least eighty-one 81 sit (6B) days, but no more than ninety-six (96) seventy five (75) days, prior to the day of the election, along with payment of a nonrefundable filing fee in an amount to be set forth by Code. (c) Egg Filling vacancies in candidacy. In the event that following the close of the official aualifying period set out in Charter Section 4.02(b), the number of Iegally Qualified candidates is fewer than the number of seats open for election, the new city council shall fill the vacancy in office in the same manner described above in paraaraph (c) of this carfin n Chair Mitchell announced the title. MOTION by Ms. Cerda and SECOND by Mr. Newhart to continue moving forward with the changes to Sec. 4.02 Filing of candidate's oath; fee. There was no public input. The motion carried with a unanimous voice vote. (15-0) Co 13 of 17 CHARTER REVIEW COMMITTEE MINUTES OF THE APRIL 8, 2021 MEETING & PUBLIC HEARING 8: 22 pm M. N Sec. 4.12 Election procedures; tie vote. PAGE 7 (b) In the event that at any election there are two (2) or more candidates for the same office and they should receive the same number of votes, the outcome shall be in accordance with Florida law. the question shag be decided by a &peGial rup off el >n i-044-Ren the t;3d ..r"Rnd!dates to be hald no later than thirty (30) erays after the r,-P, tc of Chair Mitchell announced the title. MOTION by Ms. Kinchen and SECOND by Ms. Matthews to continue moving forward with the changes to Sec. 4.12 Election procedures; tie vote. There was no public input. The motion carried with a unanimous voice vote. (15-0) Sec. 4.14Interim government. Should a condition arise where there should not be a maiority (3 or more) be tie city council serving, either through death, resignation, removal or suspension from office or otherwise, in the interim until a special election can be called to fill such vacancies, the city clerk shall have the power to fill the vacancies until successors are elected; -and such city council so appointed shall call a special election as provided by this Charter. In the event of the inability or refusal of the city clerk to serve in such capacity or to fill such vacancies, within five (5) days after such condition arises, the city manager shall do so. In the event of the inability or refusal of the city manager to act within twenty-four (24) hours, the city attorney shall do so. Chair Mitchell announced the title. MOTION by Mr. Napier and SECOND by Ms. Matthews to continue moving forward with the changes to Sec. 4.14 Interim government. There was no public input. The motion carried with a unanimous voice vote. (15-0) Returning to Sec. 2.08(3) Vacancies; forfeiture of office; filling of vacancies. The City Attorney stated that he and the City Manager reviewed F.S.112.51(5) and determined that the words not guilty should be guilty. He asked the committee to rescind the vote and make a new motion. MOTION by Mr. Christino and SECOND by Ms. Herman to rescind the motion on Item #1 - Sec. 2.08(3) Vacancies; forfeiture of office; filling of vacancies passed with a unanimous voice vote. MOTION by Ms. Cerda and SECOND by Mr. Christino to strike the word not as discovered upon review of the Florida Statute passed with a unanimous voice vote. (15-0) See below: (3) If the council member or mayor is acquitted or found not guilty or is otherwise cleared of the charges which were the basis of the arrest, indictment, or information by reason of which he/she was suspended, under Section (b)-(d) then the city council shall forthwith revoke the suspension and restore the council member or mayor to office. However, any person who pleads net guilty or polo contendere or is found guilty shall be deemed to have been convicted notwithstanding a suspension of sentence or a withholding of adjudication is considered to be guilty. 14 of 17 CHARTER REVIEW COMMITTEEPAGE 8 MINUTES OF THE APRIL 8, 2021 MEETING & PUBLIC HEARING 8. ANNOUNCE NEXT PUBLIC HEARING — APRIL 27, 2021 Chair Mitchell closed the public hearing at 6:23 p.m. and announced that the next public hearing will be held April 27th, 2021 at 6:00 p.m. in Chambers. For the record, the City Attorney noted that when Chair Mitchell called for public input, there were no attendees via Zoom technology. 9. Being no further business, Chair Mitchell adjourned the Charter Review Public Hearing at 6:24 p.m. L-1 15 of 17 2021 MAY SUN MON TUE WED THU FRI SAT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Council Presentation 16 17 18 19 20 21 22 23 24 25 26 27 28 29 1st Ordinance Reading 30 31 Place Ad for2nd Reading www.free-printable-calendar.com 16 of 17 2021 JUNE SUN MON TUE WED THU FRI SAT 1 2 3 4 5 6 7 8 9 10 11 12 2nd Ordinance Reading 13 14 15 16 17 18 19 Dissolve Committee 20 21 22 23 24 25 26 27 28 29 30 www.free-printable-catendar.com 17 of 17