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CHARTER REVIEW COMMITTEE
MEETING/PUBLIC HEARING
AGENDA
WEDNESDAY, MAY 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 - April 27, 2021 Meeting/Public Hearing
5. Consideration of Dissolution
6. Comments from the Chair
7. Committee Member Comments
8. Adjourn
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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
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EVIDENCE UPON WHICH THE APPEAL /S TO BE HEARD. (FS.286.0105)
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SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S SEATING ADA COORDINATOR
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CITY OF SEBASTIAN
CHARTER REVIEW COMMITTEE
MINUTES
THURSDAY, APRIL 27, 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
Dave Newhart
Larry Napier
Absent: Linda Kinchen (excused)
Also Present: City Manager Paul Carlisle
City Attorney Manny Anon, Jr.
City Clerk Jeanette Williams
Facilitator Cathy Testa
°`?qFr
Louise Kautenburg — Vice Chair
Karen Jordan
Patti Sullivan
Bruce Hoffman
Amber Cerda
Grace Reed
John Chrislino
Grace Reed (Zoom)
Dave Newhart (excused)
COMMENCE CHARTER REVIEW COMMITTEE MEETING
A. ADDroval of Minutes — ADHI 8. 2021 Meetina
MOTION by Mr. Napier and SECOND by Ms. Cards to approve the April 8, 2021
minutes passed with a unanimous voice vote. (13-0)
RECESS CHARTER REVIEW COMMITTEE MEETING AND CONVENE THE PUBLIC
HEARING
Chair Mitchell stated this was the Committee's final public hearing, they would meet for
the final time in June and she opened the public hearing at 6:02 p.m.
A. Sec. 1.02 Exterritorial Powers.
(4) Public utilities. To furnish any and all local public services, including but not limited to
communicationelectricity, 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
CHARTER REVIEW COMMITTEE ADR'4'rr PAGE 2
MINUTES OF THE APRIL 27, 2021 MEETING & PUBLIC HEARING
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 Mr. Christine
to continue moving forward with the changes to Sec. 1.02 Exterritorial Powers.
There was no public input. The motion carried with a unanimous voice vote. (13-0)
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
office . Once elected or aoNinted. council member must maintain continuous oh sical
residencv and voter recistrahon in the City of Sebastian throughout their term of office.
Chair Mitchell announced the title. MOTION by Mr. Napier and SECOND by Ms.
Drumheller 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. (13-0)
The City Attorney announced for the record there were no Zoom participants for this 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 amenpencv. 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.
Drumheller 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. (13-0)
D. Sec. 2.06(c) Mayor; vice -Mayor
CHARTER REVIEW COMMITTEE �"iy I►� PAGE 3
MINUTES OF THE APRIL 27, 2021 MEETING 8 PUBLIC HEARING e,4
(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-terrw eLUae vise
-
tasted , The vice -mayor shall
be elected using the same procedure as for the election of mayor.
Chair Mitchell announced the title. RMOTION by Mr. Napier and SECOND by Ms.
Drumheller 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. (13-0)
For the record, the City Attorney staled unless they hear otherwise, there were no Zoom
participants for this hearing.
6:08 pm
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 Mr. Napier and SECOND by Ms.
Matthews 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. (13-0)
F. Sec. 2.08(c) Vacancies; forfeiture of office; filling of vacancies.
hill
sir( frgrp office. A cqupcit �p'rymber 0.f the myor maybe suspended from
his/her of ice e/she is arrested or a felon or fOr a misdemeanor related to the duties
of office.
Chair Mitchell announced the title. MOTION by Mr. Napier and SECOND by Ms.
Matthews 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 vole. (13-0)
H. Sec. 2.08(e) Vacancies; forfeiture of office; filling of vacancies.
(c) Lel Filling vacancies. Any vacancy in the office of council member shall be filled in
accordance with the provisions of this subsection:
CHARTER REVIEW COMMITTEE 'D4ZA1" PAGE 4
MINUTES OF THE APRIL 27, 2021 MEETING & PUBLIC HEARING
(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 rills 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 citv council revokes the sus(�ension and restores the council member or mavor 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 tilled at that election, and the candidate shall run specifically for
that seat on the city council.
Chair Mitchell announced the title. MOTION by Ms. Cerda and SECOND by Mr. Napier
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. (13-0)
G. Sec. 2.08(d) Vacancies; forfeiture of office; filling of vacancies.
(d) Special Hearing. The City 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 mayor if
in violation of Sections (b) or (c).
Chair Mitchell announced the title. MOTION by Mr. Napier and SECOND by Ms. Cerda
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. (13-0)
Sec. 2.08(3) Vacancies; forfeiture of office; filling of vacancies.
(1) If the council member or mayor is accuitted or found not Guilty or is otherwise cleared
of the charges which were the basis of the arrest. indictment. or(nformati�n hK reason of
which he/she was suseended. under Section (b)-(d) then the city council shall forthwith
revoke the suscension and restore the council member or mavor to once. However env
oerson who pleads not ouiry or role contenders or is found ought shall be deemed to
have been convicted notwithstanding a suscension of sentence or a withholdina of
adjudication is considered to be ought.
CHARTER REVIEW COMMITTEE I)" t d^� PAGE 5
MINUTES OF THE APRIL 27, 2021 MEETING & PUBLIC HEARING
Chair Mitchell announced the title. MOTION by Mr. Napier and SECOND by Ms.
Drumheller to continue moving forward with the changes to Sec. 2.08 (3) Vacancies;
forfeiture of office; filling of vacancies.
6:13 pm
There was no public input. Chair Mitchell read the new section in its entirety. The
motion passed with a voice vote of 13-0.
J. Sec. 2.08(d) Vacancies; forfeiture of office; filling of vacancies
(69 c�•g_i Ga I is
he number-GfA�qaalified
"on, the-n643, Geuni;# she!
section. Move to Sec. 4.02
Chair Mitchell announced the title. MOTION by Mr. Napier and SECOND by Mr.
Chdstino to continue moving forward with moving Sec. 2.08 (d) Vacancies; forfeiture of
office; filling of vacancies to Sec. 4.02.
There was no public input. The motion carried with a unanimous voice vote. (13-0)
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 tooic.
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.requkement as Aelf as the time iestr4stion shall
be —waived. All city council meetings shall be public meetings, except as otherwise
permitted by law.
Chair Mitchell announced the title. MOTION by Mr. Napier 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 unanimous voice vote. (13-0)
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-(60) days, but no more than ninety-six f96) seventy- low; -(73) days, prior to the
day of the election, along with payment of a nonrefundable riling fee in an amount to be
set forth by Code.
Pith' �j
CHARTER REVIEW COMMITTEE 41`�46X,tl ( `�. PAGE 6
MINUTES OF THE APRIL 27, 2021 MEETING & PUBLIC HEARING � A4C
Lcl (d) Fillino vacancies in candidacv. In the event that followino the close of the official
oualifrino period set out in Charter Section 4.021b). the number of leoalty cualrYed
candidates is fewer than the number ofseats90 an for election, the new citv council shall
fill the vacancv in office in the same manner described above in naraoraoh (c) of this
section.
Chair Mitchell announced the title. MOTION by Mr. Napier and SECOND by Ms. Cards
to continue moving forward with the changes to Sec. 4.02 Filing of candidate's oath; fee.
Ryan Wade asked if the 96 days prior is when someone who wants to run for City
Council would file their paperwork. The City Clerk explained the 96-75 day time frame is
the qualifying period to turn in all of the paperwork with the last day being the day the
ballot goes to be printed.
Mr. Wade stated that moving that time frame earlier might make it too soon for people to
decide to run for office. Chair Mitchell explained the recommendation came from
Supervisor of Elections Leslie Swan to line up all of the municipal ballots at the same
time. The City Clerk offered to provide the qualifying period with the cutoff date to the
committee members the following day.
The motion carried with a unanimous voice vote. (13-0)
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. the question shall be decided by a spesial nun off election
h-hl--n the tied candidates to be held go later than thiity (39) days after "a �Ruqq 0
the initial election gre declared by GilyGOUP64.
Chair Mitchell announced the title. MOTION by Ms. Cerda and SECOND by Mr.
Chrislino 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. (13-0)
N. Sec. 4.14 Interim government.
Should a condition arise where there should not be a majority 13 or more) benocity
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 if/ 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. Cards to
continue moving forward with the changes to Sec. 4.14 Interim government.
CHARTER REVIEW COMMITTEE "� PAGE
MINUTES OF THE APRIL 27, 2021 MEETING & PUBLIC HEARING
There was no public input. The motion carried with a unanimous voice vote. (13-0)
Ryan Wade asked if term limits were ever considered by this or a prior Charter Review
Committee. Chair Mitchell explained all of the Charter's sections were reviewed earlier in
the process which would have been the time to bring up the topic but it was formally
considered five years ago and did not get past the committee.
Chair Mitchell closed the public hearing and reopened the meeting at 6:23 p.m.
S. DISCUSS PRESENTATION TO COUNCIL AT MAY 12, 2021 CITY COUNCIL MEETING
There was no objection to Chair Mitchell's request to have committee members join her in
presenting the proposed changes to Council. Ms. Matthews, Ms. Jordan, Mr. Christino
would each present two proposed ballot questions with her presenting the last two
questions.
Discussion followed if the members, as individuals, could address City Council. The City
Attorney advised that while they have the right to speak to their public officials, they are still
perceived as one body making recommendations to City Council until they are dissolved.
Mary McGee stated in the beginning of the process, the meetings were not available on
AT&T Universe Channel 99 but thanks to staff, they are now available for anyone
interested.
9. Being no further business, Chair Mitchell adjourned the Charter Review Public Hearing at
6:34 p.m.
By. Date: