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HomeMy WebLinkAbout03151999City of Sebastian 1225 Main Street Sebastian, Florida 32958 CITY COUNCIL AGENDA PACKET SPECIAL MEETING MONDAY, MARCH 15, 1999 - 7:00 P.M. CERTIFICATION OF ELECTION RESULTS INVESTITURE OF NEW COUNCIL MEMBERS ELECTION OF MAYOR AND VICE MAYOR ¢i'l'y of Sebastian 122§ Main Street' n 5¢bastian, Florida 32958 Telephone (§61) 589-~330 D ~'ax (§61) ~89-§~70 E-Mail: ci~seb~iu.net MINUTES SEBASTIAN CiTY COUNCIL SPECIAL MEETING MONDAY, MARCH 15, 1999 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Sullivan called the Special Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. ROLL CALL City Council Pre~ent: Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwright Mr. Chuck Neuberger Mr. Larry Paul Councilmember~ 151ect Also Present: Mr. Joe Barczyk Mr. Ben Bishop Mr. Edward Majcher, Jr. Staff Present: Interim City Manager, John Van Antwerp City Attorney, Rich Stringer City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Special City Council Meeting March 15, 1999 Page Two FL~!ON MATTERS (City Clerk Transmittal 3/10/99, R-99-15) A. RESOLUTION NO. R-99-15 - Certificate of Canvassing Board - Election Kesults A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORID& PERTAINING TO THE MUNICIPAL ELECTION; PROVIDINO FOR CANVASSING OF ELECTION RETURNS; PROVIDING FOR DECLARATION OF RESULTS; DIRECTING THE CLERK TO ENTER THE RESULTS OF THE ELECTION IN THE OFFICIAL MINUTES OF THE MEETING OF THE CITY COUNCIL; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDINO FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-99-15 by title. MOTION by Cartwrightflqeuberger I move to adopt Resolution 99-15. ROLL CALL: Mrs. Cartwfight - aye Mr. Neuberger - aye Mr. Patti - aye Mrs. Sullivan - aye Mrs. Wininger - aye MOTION CARRIED 5-0 Former City Council Members Sullivan, Cartwright and Paul left the dais at this time. B. Investiture of Newly Elected Officials by City Clerk The City Clerk swore in newly elected City Councilmembers Joseph Barczyk, Ben Bishop, and Edward Majcher, Jr. C. l~lection 9f 1V[a.yor by New Council Vice Mayor Wininger requested that the City Attorney read the charter relative to election of the Mayor; and then opened the floor for nominations. Mr. Barczyk nominated Mrs. Wininger. Mr. Majcher nominated Mr. Neuberger. ROLL CALL on Wininger nomination. Mr. Barczyk - aye Mr. Bishop - aye Mr. Majcher - nay Mr. Neuberger - nay Mrs. Wininger - aye Mrs. Wininger was elected Mayor by virtue of the majority of affirmative votes (3-2) and no further roll was called. Special City Council Matters March 15, 1999 Page Three D. l~le~fion of Vice Mayor by New Council Mayor Wininger requested that the City Attorney read the charter relative to election of the Vice Mayor; and then opened the floor for nominations. Mayor Wininger nominated Mr. Neuberger. Mr. Bishop nominated Mr. Barczyk. ROLL CALL on Neuberger nomination. Mr. Neuberger - aye Mr. Bishop - nay Mr. Majcher - aye Mrs. Wininger - aye Mr. Barczyk - nay Mr. Neuberger was elected Vice Mayor by virtue of the majority of affirmative votes (3-2) and no further roll was called. New City Council members thanked Sebastian voters, and along with Mayor Wininger vowed to do their best for the City. Being no further business, Mayor Wininger adjourned the Special Meeting at 7:15 p.m. City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 n FAX (561) 589-5570 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING MONDAY, MARCH 15, 1999 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Sullivan called the Special Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. ROLL CALL Cig, CounciLPrCsent; Mayor Ruth Sullivan Vice Mayor Martha Wminger Mrs. Louise Cartwright Mr. Chuck Neuberger Mr. Larry Paul Staff Present: Interim City Manager, John Van Antwerp City Attorney, Rich Stringer City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Special City Council Meeting March 15, 1999 Page Two ELECTION MATTERS (City Clerk Transmittal 3/10/99, R-99-15) A. RESOLUTION NO, R-99-15 - Certificate of Canvassing Board - Election Results A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE MUNICIPAL ELECTION; PROVIDINO FOR CANVASSING OF ELECTION RETURNS; PROVIDING FOR DECLA/L4.TION OF RESULTS; DIRECTING THE CLERK TO ENTER THE RESULTS OF THE ELECTION IN THE OFFICIAL MINUTES OF THE MEETING OF THE CITY COUNCIL; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDINO FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-99-15 by title. MOTION by I move to adopt Resolution No. R-99= 15 ROLL CALL: Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye MOTION CARRIED 5-0 Former City Council Members Sullivan, Cartwright and Paul left the dais at this time. B. llavestiture of Newly Elected Officials by Ci~ Clerk The City Clerk swore in newly elected City Councilmembers Joseph Barczyk, Ben Bishop, and Edward Majcher, Jr. C. Election of Mayor by New Council ?? asked for nominations for Mayor. ~ Mayor ?? asked for nominations for Vice Mayor 5. Being no further business, Mayor ?? adjourned the Special Meeting at Mr. Bishop Mr. Majcher Mr. Neuberger Mrs. Wininger Mr. Bishop Mr. Majcher Mr. Neuberger Mrs. Wininger Mr. Barczyk Mr. Majcher Mr. Neuberger Mrs. Wininger Mr. Barczyk Mr. Bishop Mr. Neuberger Mrs. Wininger Mr. Barczyk Mr. Bishop Mr. Majcher Mrs. Wininger Mr. Barczyk Mr. Bishop Mr. Majcher Mr. Neuberger City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 n FAX (561) 589-5570 AGENDA SEBASTIAN CITY COUNCIL SPECIAL MEETING MONDAY, MARCH 15, 1999 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA IfF. MS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN SIREET, SEBASTIAN, FLORIDA No public input is allowed at a Speciai Meeting unles~ approved by majoriOt vote of CiO, Council at the beginning of the Special Mceting (in accordance with R-97-2D 2. 3. 4. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL EL.t~CI~ON MATTERS (City Clerk Transmittal 3/10/99, R-99-15) RESOLUTION NO. R.99-15 - Certificate of Canvassing Board - Election Results A RESOLUTION OF THE CITY OF SEBA~rlAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE MUNICn~AL ELECTION; PROVIDING FOR CANVASSING OF ELECTION RETURNS; PROVIDING FOR DECLARATION OF RESULTS; DIRECTING THE CLERK TO ENTER THE RESULTS OF THE ELECTION IN THE OFFICIAL MINUTES OF THE MEETING OF THE CITY COUNCIL; PROVIDING FOR REPEALOF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. B. Investiture of Newly Elected Officials by City Clerk C. Election of Mayor by New Council D. Election of Vice Mayor by New Council ADJOURN .ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CffY COUNCIL IiqTI-I REXPECT TO ANT MMTTER CONSIDERF_.D AT THIS MEETING (OR HF. ARING) WILL NEED A RECORD OF THE PROCEEDINGS AND .~L4 Y NEED TO ENSURE THA T A VERBATIM RECORD OF THE PROCE. EDINGS IS MADE. WHICH RECORD INCLUDES THE 7E3'TIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286. O105 FS.) IN COMPLIANCE WITH THE .4MF_~I~$ FRITH DISABILITIES ACT (ADAL ANYONE WHO NE.F-DS A SPECIAL ACCO3rI3,IODA T/ON FOR THIS MEETING SHOULD CONTACT THE CI'IT '$ADA COORDINATOR AT 589-5330 AT LF~T 48 HOURS 13i ADVANCE OF THIS MF_.EFING. City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 n FAX (561) 589-5570 CITY COUNCIL AGENDA TRANSMITTAL SUBJECT: 3/9/99 Election [VI~tters 1) Resolution No. R-99-15 2) Investiture of Elected Officials 3) Election of Mayor 4) Election of Vice Mayor APPROVED FOR SUBMITTAL: City Manager: .~¢..~ Expenditure Required: Not At This Time Amount Budgeted: AGENDA NO: DEPT. ORIGIN: DATE SUBMITTED: MEETING DATE: EXHIBITS: City Clerk 3/_10/99 3/15/99 R-99-!5 Appropriation Required: 1) Resolution No._R-99-I~ ]~e~ommended Actiool Move to adopt Resolution No. R-99-15, certificate of canvassing board Coy current City Council members). In accordance with Section 4.08(c) of the City Chatter, "The Oty Council shall hoM a SpecialMeeting on the first Monday following the election for the purpose of receiving the certificate of the county canvassing board of the returns for Indian River County, Florida, or the city canvassing board, as the case may be. The Oty Council shall then declare the results of the election and enter them in the minutes of the special meeting." 2) lnvestit#re of Newly Elected City Council Member~i ~-,ecojlunende~d Action: The City Clerk shall conduct investiture of newly elected City Council members and the new members will take their places at the dais. In ac~rdanc~ with Section 2.04(b) of the City Charter, "The term of each newly elected council member shall begin on the Monday following the election, at a special meeting of the city council to be heM for the purpose of swearing in such newly elected officials. Ifa regular meeting is to be held the Monday following the election, the newly elected officials shall be sworn in at the conclusion of such meeting" Section 4.08(c) continues, "Any oath of office required to be administered to the newly elected council members shall be administered at such special meeting or at the next city council meeting where the newly elected council members are in attendance." 3) ]~!~ction of Mayor Recommended Action: The senior member of Council shall ask for nominations for mayor and then close nominations. The City Clerk will then call the roll on each nominee and each Council member shall vote in the affirmative on nominee of his/her choice. The first nominee that receives a majority of affirmative votes shall be elected mayor. : In aceordanc~ with Section 2.06 of the City Charter, "...after the seating of any newly elected council members, at the first scheduled city council meeting subsequent to the second Tuesday in March, the new city council shall, as the first order of business, elect a mayor from among its members. The incumbent mayor or ~n his or her absence, the v~ce-mayor or in his or her absence, the senior member of city council, shall ask for nominations for mayor, dfl~ttll, nomlnatton~ have been made, the nominations shall be closed The city clerk shall then call the roll of the council members and each council member shall cast an affirmative vote for the council member of their choice. The council member that receives a majority of the votes cast on the first ballot, balloting with sequential roll calls shall continue until a council member recelves a majority vote. Council members shall not nominate themselves. Only elected council members shall be eligible for the office of mayor. (1) If there is no mayor seated on the new or existing city council, a temporary city council chairperson may be elected from the incumbent members of the city council for the purpose of electing a mayor as set forth above. (2) In the event there is only one nomination and second for mayor, the nominee shall be seated as mayor." 4) ]~l~ction of Vice Mayor II, ecommended Action: The newly elected mayor shall ask for nominations for vice-mayor. The City Clerk will then call the roll on each nominee and each Council member shall vote in the affirmative on nominee of his/her choice. The first nominee that receives a majority ofaffrmative votes shall be elected vice-mayor. In accordance with Section 2.06(c), "At the first regularly scheduled city council meeting subsequent to the second Tuesday in March, the city council shall elect a vice-mayor from among its members. The term of the vice-mayor shall be for one year or until his or her successor is elected The vice-mayor shall be elected using the same procedure as for the election of the mayor." 2 RESOLUTION NO. R-99-15 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE MUNICIPAL ELECTION; PROVIDING FOR CANVASSiNG OF ELECTION RETURNS; PROVIDING FOR DECLARATION OF RESULTS; DIRECTING. THE CLERK TO ENTER THE RESULTS OF THE ELECTION IN THE OFFICIAL MINUTES OF THE MEETING OF THE CITY COUNCIL; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WI-IE~, th~ Mayor of the City of Sebastian, pursuant to Section 4.05 of the City Charter, issued a Proclamation on January 27, 1999, calling a general el~ction on March 9, 1999, for the purpose of selecting three (3) City Council members and placing two referendum questions on the ballot; and WHEREAS,the City Council of the City of Sebastian, pursuant to Section 4.07 of the City Charter, adopted Resolution No. 1t.-99-01 on January 27, 1999, specif3dng Precincts 12, 14, 15 and 16 as the official polling places for the City of Sebastian for the general election, naming the offices to be filled, and questions. to be decided; and W+HEREAS, the City Council affirmed the Canvassing Board for the City of Sebastlan on January 27, 1998; and : WHEREAS, the City Clerk of the City of Sebastan, pursuant to Section 100.021 and 100.342 of the Florida Statutes, has caused to be published notice of the general election on December 9 and 18, 1998, and notice of referendum on February 5 and 19, 1999, in the Veto Beach Press Journal, a newspaper of general circulation; and WHEREAS, the City Clerk has posted notice of the general election on the official announcement board located at City Hall; and WHEREAS, Precincts 12, 14, 15 and 16 of the City of Sebastian, Indian River County, Florida, held a general election on March 9, 1999; and WHEREAS, the Canvassing Board has verified said returns and has found the same in proper form. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: SECTIQN 1. DECLARATION. The City Council of the City of Sebastian, Indian River County, Florida, hereby accepts the returns provided by the Canvassing Board for the City of Sebastian for the general election, held on March 9, 1999, in Precincts 12, 14, 15, and 16 of the City of Sebastian, as attached hereto as Exhibits "A" and "B". SECT]ION_2. RECORDING. The City Clerk is hereby directed to enter the results of the general election in the official minutes of the City Council meeting during which this Resolution is adopted. ,~.ECTIQ~ 3. CONFLICr. Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. SEC'['ION 4. EFFECTIVE DATE. This resolution shall take effect immediately upon its passage. The foregoing Resolution was moved for adoption by Councilmember . The motion was seconded by Councilmcmbcr was as follows: Mayor Ruth Sullivan -- Vice Mayor Martha Wininger Councilmember Louise Cartvni~t Councilmember Lan'y Paul Councilmember Chuck Neuberger The Mayor thereupon declared this Resolution duly passed and adopted this day of ,1999. ATTEST: CITY OF SEBASTIAN, FLORIDA Ruth Sullivan Mayor and, upon being put to a vote, the vote Katlu~ M. O'Halloran, CMC/AAE City Clerk (SEAL) Approved as to Form and Content for Reliance by the City of Sebastian Only: Rich Slxinger City Attorney 2 EXHIBIT "A" CERTIFICATE OF CANVASSING BOARD CITY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA We, the undersigned, members of the duly constituted Board of Canvassers for the City of Sebastian, Florida, do hereby certify that we met in the office of the Supervisor of Elections on the 9th Day of March, A.D., 1999, and proceeded to publicly canvass the votes given for the offices herein specified at the General Election held on the 9th Day of March, A.D., 1999, as shown by the returns on file in the office of the Supervisor of Elections. We do hereby certify frOm said returns as follows: CITY OF SEBASTIAN For City Council Member, the whole number of votes cast was ~ ,.~Z~ of which number (VOTE FOR THREE) JOE BAI:[CZYK RECEIVED l/~)?~' VOTES BENA. B,S.O. RECE,VED VOTES LOUIS{~ R. CAR'fWRJGHT RECEIVED ~;?,'~-~-'-'-'-~ VOTES JAMES A. HIL~. RECEIVED 00"~ VOTES ED~//~D MAJCIf, J~,..J B, RECEIVED ~,'~5 VOTES LARRY PAUL RECEIVED ~O 4/~/ VOTES RU!H SULUVAN RECEIVED ?~ VOTES HARRY -EHOMAS JR, RECEIVED ?~ ~/ VOTES a~o r;~n ,~C a n~v a~n~rd Member nvassin~-I~o~-~ Member Martha w~ninger, uanvassing Board Me~er CITY OF SEBASTIAN (continued) Referendum No. 1: PROVIDING FOR THE PERIODIC APPOINTMENT OF A COMMI-I-I'EE TO REVIEW THE CITY CHARTER Shall the City of Sebastian amend the City Charter to provide that a Charter Review Committee be appointed by the City Council every seven years to review the City Charter and to make recommendations to the City Council that proposed amendments be submitted to the voters for adoption? YES FOR APPROVAL NO FOR REJECTION RECEIVED '~// (~)~'~'~ VOTES RECEIVED ~) VOTES Referendum No. 2: PROVIDING PROCEDURES TO RESOLVE TIES iN ELECTIONS FOR OFFICE Shall the City of Sebastian amend the City Charter to provide that in the event two or more candidates for the same office receive the same number of votes, the question shall be decided by lot? YES FO[:L~J~PROVAL L~O. FOR REJECTION RECEIVED ~ ,.~,Z / VOTES .ECE,VED VOTES Kay ~l=la~loran, Canvassing Board Member !? ./ k., ).. i~lartha Wininger, Canvassing Board Memb.~r EXHIBIT "B" CERTIFICATE OF CANVASSING BOARD MANUAL RECOUNT-- CITY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA We, the undersigned, members of the duly constituted Beard of Canvassers for the City of Sebastian, Florida, do hereby certify that we met in the County Commission Chambers of the County Administration Building, 1840 25"' Street. Vero Beach, Flodda, on the 11"' Day of Mamh, A.D.. 1999, and proceeded to publicly canvass the votes given for the offices herein specified at the General Election held on the 9th Day of March, A.D., 1999, as shown by the returns on file in the office of the Supervisor of Elections. We do hereby certify from said returns as follows: .QITY OF SEBASTIAN For City Council Member, the whole number of votes cast was --~ ~ ~? of which number / (VOTE FOR THREE) JOE I~ARCZYK RECEIVED / ~ ~'--~- VOTES / BEN a. BiShOP RECEIVED VOTES LOUISE R. CARTWRIGHT RECEIVED ~ ~ C~ VOTES JAMES A. HILL RECEIVED VOTES EDWARD MAJCHER., JR. RECEIVED ~:)~ ~' VOTES ARRY.AU, RECEIVED VOTES RUTH SULLIVAN RECEIVED VOTES HARRY THOMAS JR. RECEIVED ~'Halloran, Canvassing-~oard Member :~Maiocnvas~sin§ Bolrd Member VOTES