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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.
The Pledge of Allegiance was recited.
ROLL CALL
Present: Beth Mitchell — Chair
Sherrie Matthews
Sharon Herman
Linda Kinchen
Michael Goodfellow (Zoom)
Vicki Drumheller (Zoom)
Dave Newhart
Larry Napier
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 Meelina
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 Scriveners Error — Sec. 2.08(b) Vacancies: forfeiture of office: fillina 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'". 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
CHARTER REVIEW COMMITTEE PAGE 2
MINUTES OF THE APRIL 8, 2021 MEETING & PUBLIC HEARING
Chair Mitchell read the following statement to explain the notations on the agenda and
opened the public hearing at 6:05 p.m.:
As the following amendments are considered, please be advised that
words stricken shall be deleted; words underlined shall be added; the
remaining provisions continue in effect. The use of ellipses (+ * + + + )
indicates existing language is omitted for the sake of brevity.
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 o1 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
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 Mitchell announced the title. MOTION by Mr. Napier and SECOND by Ms. Kinchen
to continue moving forward with the changes to Sec. 1.02 Ederritorial Powers.
There was no public input. The motion carried with a unanimous voice vote. (15-0)
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
once. Once elected or ap irted. council member must maintain continuous . sical
residency and voter reoispation in the City of Sebastian throuahout their term o o ice.
Chair Mitchell announced the title. MOTION by Mr. Napier and SECOND by Mr.
Newhart to continue moving forward with the changes to Sec. 2.02 Eligibility.
There was no public input. The motion carried with a unanimous voice vote. (15-0)
CHARTER REVIEW COMMITTEE PAGE 3
MINUTES OF THE APRIL 8, 2021 MEETING & PUBLIC HEARING
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 carded 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-tei,m 4t4e-visa
-
. 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.
Christino 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)
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CHARTER REVIEW COMMITTEE PAGE 4
MINUTES OF THE APRIL 8, 2021 MEETING & PUBLIC HEARING
F. Sec. 2.08(c) Vacancies; forfeiture of office; filling of vacancies.
((c��S use9p sin frq/p price. A council member or the me or may be suspended from
hrsiher office rf he/she rs arrested for a felonv or for a misdemeanor related to the duties
of office.
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.
' 'v Council. with the advice of the city affornev. will hold a
sroechi heariry� to consider the vote to remove or suspend a council member or mavor d
In violation of Sections &I or (c).
Chair Mitchell announced the title. 'MOTION by Ms. Cards 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.
(� (eel 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 susf�ynsion and restores the council merp�e( or mavorlp
office in accordance with Section 3 betow. If the vacancy has occurred in the term or 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.
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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 (a) 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 vole. (15-
0)
I. Sec. 2.08(3) Vacancies; forfeiture of office; filling of vacancies.
131 I/ thq council r�7e(nber or(n vorfsacguitted or found not ouiltv or is otherwise cleared
of the charges which were tha asis of the awest indictmen(. or Information b!( reason of
which he/she was suspended. under Section /bl-, then the city council shall forthwith
revoke the suspension and restore the council //nnem er o mayor tp office. However. any
parson who pleads not auiltr or nolo contendere or rs �ound aur'Ity shall be deemed to
have been convicted notwithstandino a suspension of sentence or a withholding of
adludication is considered to be guilty.
Chair Mitchell announced the title. MOTION by Ms. Cards 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. Chdstino cited, "However, any person who pleads not guilty or nolo contendere or is
found guilty shall be deemed to have been convicted .. " and staled 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
s
All the bweaney in effino iq the game manner dest;4bed above in paretirsiah (6) 0 this
sestiea. Move to Sec. 4.02
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CHARTER REVIEW COMMITTEE PAGE 6
MINUTES OF THE APRIL 8, 2021 MEETING & PUBLIC HEARING
6:18 pm
Chair Mitchell announced the title.
MOTION
by Ms.
Cards and SECOND by Ms.
Kinchen 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)
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 required. �qukemant as vell as the time reqt4ghon shaft
be waived. All city council meetings shall be public meetings, except as otherwise
permitted bylaw.
Chair Mitchell announced the title. MOTION by Mr. Newhart and SECOND by Ms.
Cards 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 sixty-(S days, but no more than ninety-six (96) savaa6,rAccdays, prior to the
day of the election, along with payment of a nonrefundable filing fee in an amount to be
set forth by Code.
tc) jo Fillina vacancies in candidacv. In the event that followingthe close of the oNicial
ouaZinp r(eriod set out in Charter Section 4.02((6). the number of legally qualified
candidates is fewer than the number of seats o❑en /or election, the new city council shall
fill the vacancv in office in the same manner described above in o oh (c) of this
section.
Chair Mitchell announced the title. MOTION by Ms. Cards 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)
CHARTER REVIEW COMMITTEE PAGE 7
MINUTES OF THE APRIL 8, 2021 MEETING & PUBLIC HEARING
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.
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)
N. Sec. 4.14 Interim government.
Should a condition arise where there should not be a ma/ority 13 or more) bbe-ne city
council serving, either through death, resignation, removal or susgpnsion 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)
6:22 pm
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 nolo 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.
CHARTER REVIEW COMMITTEE PAGE 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.
By:�? % Date:
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