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Home My WebLink About03202000City of Sebastian 1225 Main Street Sebastian, Florida 32958 SPECIAL CITY COUNCIL MEETING AGENDA PACKET MONDAY MARCH 20, 2000 7:00 PM CERTIFICATION OF ELECTION RESULTS INVESTITURE OF NEWLY ELECTED COUNCILMEMBERS ELECTION OF MAYOR AND ViCE MAYOR CITY COUNCIL MEETING DATE: ITEM NO. ~- ~)- I~- MOTION ~_~ ROLL CAI,L 1 Mayor Neuberger Mr. Barczyk Mr. Barnes Mr. Bishop ITEM NO. ROLL CALL2 Mr. Barczyk Mr. Barnes Mr. Bishop MOTION SECOND SECOND ITEM NO. ROLL CALL Mr. Barnes Y' Mr. Bishop Mr. Bar.czyk ITEM NO. ROLL CALL 4 Mr. Bishop Mr. Barczyk Mr. Barnes MOTION MOTION SECOND SECOND ITEM NO. ROLL CALL 5 MOTION SECOND Mr. Barczyk Mr. Barnes Mr. Bishop AGENDA SEBASTIAN CITY COUNCIL SPECIAL MEETING MONDAY, MARCH 20, 2000 -7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL ELECTION MATTER~ (City Clerk Transmittal 3/15~99, R*00-15) A. RESOLUTIC)N NO. R-00-15 - Certificate of Canvassing Board - Electiop Results 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 CLERKTO 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 HEREVVITH; 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 5. ADJOURN AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY 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. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings CITY COUNCIL AGENDA TRANSMITTAL SUBJECT: 3/14/00 Election Matters · Resolution No. R-00-15 · Investiture of Elected Officials · Election of Mayor · Election of Vice Mayor AGENDA NO: ~. ~)Z/ DEPT. ORIGIN: City Clerk DATE SUBMITTED: 3/15/00 MEETING DATE: 3~20~00 APPROVEf~OR S~JBMIT'i"AL: EXHIBITS: R-00-15 Expenditure Required: Not At This Time Amount Budgeted: Appropriation Required: 1) 2) Res_olt~tion No, R-00-15 I=,ecommf~nded Action: Move to adopt Resolution No. R-00-15, certificate of canvassing board (by current City Council members). In accordance with Section 4.08(c) of the City Charter, "The City Council shall hold a Special Meeting 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 City Council shall then declare the results of the election and enter them in the minutes of the special meeting." investiture of Newly.Elected City Council Members: Recomm_er~ded 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 accordance 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 held for the purpose of swearing in such newly elected officials. If a 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) Election of b~a. yor [:{ecommerlc[ed Acti_Qn: The incumbent Mayor, Vice Mayor or senior member of the 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 accordance 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 in his or her absence, the vice-mayor or in his or her absence, the senior member of city council, shall ask for nominations for mayor. After all nominations 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 rnember thet receives a rnajo#ty of the votes cast on the first ballot, balloting with sequential roll calls shall conb'nue until a council member receives 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) Election o[ ViqeMayor Recommended A.~J0ri: 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 affin'native on nominee of his/her choice. The first nominee that receives a majority of affirmative 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." \wp-elec~ransmt2.wpd RESOLUTION NO. R-00-15 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. WHEREAS, the City Council of the City of Sebastian adopted Ordinances 18, 19, - 20, 22, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, and 36 on November 3, 1999,, placing 18 referendum questions on the March 14, 2000 ballot; and WHEREAS, the Mayor of the City of Sebastian, pursuant to Section 4.05 of the City Charter, issued a Proclamation on January 26, 2000, calling a general election on March 14, 2000, for the purpose of selecting two (2) City Council members and placing the 18 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. R-00-01 on January 26, 2000, specifying 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 WHEREAS, the City Clerk of the City of Sebastian, pursuant to Section 100.021 and 100.342 of the Florida Statutes, has caused to be published notice of the general election on December 15 and 31, 1999, and notice of referendum on February 11 and 25, 2000, in the Vero 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 14, 2000; 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: ~.ECTION 1, DECLARATION. The City Council of the City of Sebastian, indian River County, Florida, hereby accepts the returns provided by the Canvassing Board for Indian River County for the general election, held on March 14, 2000, in Precincts 12, 14, 15, and 16 of the City of Sebastian, as attached hereto as Exhibit "A". ~ECTI_QN;~. 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. SECTION 3. CONFLICT. All resolutions or pads of resolutions in conflict herewith are hereby repealed. ~.ECTION 4. EFFECTIVE DATE. This resolution shall take effect immediately upon its passage. The foregoing Resolution was moved for adoption by Coundlmember The motion was seconded by Councilmember to a vote, the vote was as follows: and, upon being put Mayor Chuck Neuberger Councilmember Joe Barczyk Councilmember Walter Barnes Councilmember Ben Bishop Councilmember Edward Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this 2Oth day of March, 2000. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Chuck Neuberger Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (SEAL) Approved as to Form and Content for Reliance by the City of Sebastian Only: Rich Stringer City Attorney CERTIFICATE OF COUNTY CANVASSING BOARD CITY OF SEBASTIAN STATE OF FLORIDA Indian River County We, the undersigned, David Morgan, County Judge, Kay Clem, Supervisor of Elections, and Fran Adams, Chairman of the Board of County Commissioners, constituting the Board of County Canvassers in and for said County, do hereby certify that we met on the 14th day of March, A.D., 2000, and proceeded publicly to canvass the votes given for the office and persons herein specified at the Presidential Preference Primary held on the 14th day of March, A.D., 2000 as shown by the returns on file in the office of the Supervisor of Elections. We do hereby certify from said returns as follows: ~ITY OF SEBASTIAN For City Council Member, the whole number of votes cast was fi, g/5" , of which number (VOTE FOR TWO) WALTER W. BARNES NORIMADAMP JAMESA. HILL CHUCKNEUBERGER received //.5 3/,, VOTES received 6//q' VOTES received //.1. g. / VOTES received //~q? VOTES Referendum Amending Section 1.02(7) concerning terms for airport leases. Shall the City of Sebastian amend the City Charter to lengthen the limit on terms for airport leases from 20 to 30 years? YES FOR APPROVAL NO FOR REJECTION received //~5'5~ VOTES received /~/~' VOTES Referendum Deleting Section 1.05 concerning annexed property. Shall the City of Sebastian amend the City Charter to remove the special status given nonconforming uses annexed into the City? YE~_.FOR APPROYAL NO F_OR REJECTION received /~/8~' VOTES received //,,1 60 VOTES Referendum Amending Sections 2.03(a), 2.04(a), 2.06(c) and 4.12(a) concerning council terms. Shall the City of Sebastian amend the City Charter to change council terms from two to four Years? YES FOR APPROVAL ]3lQ ]59~ R15JE(~TION received 7/.2. VOTES received /~ 0 g "-/ VOTES Referendum Amending Section 2.05 concerning council salaries. Shall the City of Sebastian amend the City Charter to increase the salaries for the mayor by $50 a month, and the vice-mayor and other members of council by $50 and $150 respectively? YES FOR APPROVAL, NO FOR RF.,JECTION received //qt~5' VOTES received //l ~ 5" VOTES Referendum Amending Sections 2.06(b) and 3.04(~ concerning executing documents. Shall the City of Sebastian amend the City Charter to clarify that the mayor signs legislative documents and city manager signs contracts and other business documents? Y.~S FOR APPROVAL NO FOR RFJECT|Olxl received //q~'to VOTES received -,~-d/~ VOTES Referendum Amending Section 2.08(c) concerning council vacancies. Shall the City of Sebastian amend the City Charter to require that council vacancies of greater than six months be filled by special election rather than appointment? YES FOR APPROVAL NO FOR received .3l/~/~' VOTES received ~q'q& VOTES Referendum Amending Section 2.09 concerning removal of council members. Shall the City of Sebastian amend the City Charter to provide procedures to be followed when removal of council members is under consideration? YES FOR APPR~}VAL NO FOR REJEQTIO.~ received // 0089, VOTES received ~/~- VOTES Referendum Amending Section 2.12(a) concerning special meetings. Shall the City of Sebastian amend the City Charter to give all council members equal authority to call special meetings of council? YES FOR AP~PROVAL NO FOR REJECTION received ,//6' 6 ~' VOTES received ~ ~6-~ VOTES Referendum Amending Section 2.16(a) concerning standing committees. Shall the City of Sebastian amend the City Charter to allow standing committees to be governed by ordinance as well as resolution? YES FOR APPROVAL NQ FOR REJECTION received ._/~ gq g VOTES received .5-D/ VOTES Referendum Amending Section 3.03(a) concerning removal of charter officers without cause. Shall the City of Sebastian amend thc City Charter to provide for removal of charter officers without cause if such removal is allowed under the terms of the officer's employment contract? Y]~S FOR c~PPROVAI~ NO FOR REJECTION received //.~ ~ ,,q VOTES received ///~ VOTES Referendum Amending Section 3.03(b) concerning removal of charter officers for cause. Shall the City of Sebastian amend the City Charter to set standards to be considered by council in a vote to charge a charter officer with cause for removal? YES FOR APPROVAl, NO FOR REJECTION received ~ qqg VOTES received q/~ q VOTES Referendum Amending Section 3.04(e) concerning the City budget. Shall the City of Sebastian amend the City Charter to designate that the budget and millage rate be adopted by resolution? YES FOR APPROVAL NO FO~REJECTION received / 8 O o VOTES received ~ 3 5- VOTES Referendum Amending Section 4.02(b) concerning election filing fees. Shall the City of Sebastian amend the City Charter to provide that election filing fees shall be set by law instead of by council resolution? YES FOR APPROVAL received ..,9l t5 ~'? VOTES NO FOR REJECTION received 3 79 VOTES Referendum Amending Section 4.08(a) concerning elections canvassing board. Shall the City of Sebastian amend the City Charter to designate the city attorney as a member of the canvassing board? YES FOR APPROVAL NO F..Q]~ RE~II~GTIQN received /~o~"~/6 VOTES received g 6 7' VOTES Referendum Amending Section 4.12(b) concerning election ties. Shall the City of Sebastian amend the City Charter to require a mn-off election to decide ties for council elections instead of drawing lots? YES FOR APPROVAL NO FOR REJECTION received o~t ! $ ~3 VOTES received 3 '7~ VOTES Referendum Amending Section 4.13 concerning candidate disqualification. Shall the City of Sebastian amend the City Charter to make a violation of state election code a basis for disqualification and providing procedures for such action? YES FOR ~PPRQ~/~sL, NO FQI~ P~F.,JECTION received ~ 8 ~ ~ VOTES received ~ 05' VOTES Referendum Amending Section 4.14 concerning interim government. Shall the City of Sebastian amend the City Charter to provide that remaining charter officers, rather than mayor and police chief, succeed city clerk as the official responsible for appointing interim government when no functioning council exists? ~']~S FOR APPROVAL NO FOR RI~JECTION received /~ 7 5'8 VOTES received 6~ VOTES Referendum Deleting Sections 6.02 and 6.03 concerning transition to current charter. Shall thc City of Sebastian amend the City Charter to delete obsolete provisions governing the transition to the existing charter from a previous charter? YES FOR APPROVAL NO FOR REJECTION received /t ~'q'~' VOTES received ~t/5" VOTES David Morgan, County Judge Kay Clem, Supervisor of Elections Fran Adams, Chairman, Board of County Commissioners THE FOLLOWING IS A LIST OF ACTIONS TAKEN AND/OR DIRECTIONS GIVEN AT THE 3/22/2000 REGULAR MEETING All Follow-up Correspondence should be copied to the file and any file.to go in the vault should have its backup matedal put in chronological order City Manager, City Attorney. Purchasing and all other department heeds get a full set of draft minutes, and are responsible for copying whatever is pertinent to their depa, tments. We will continue to place copies of individual minutes pages in backup files. 00.071 Proclamation - Keep America Beautiful - Keep Indian River Beautiful Accepti. ng presented 00.072 00.073 00.062 00.074 00.075 copy to vault - CITY COUNCIL - 2000 Proclamations Presentation by Pat Herds - Keep In~[an R[~er Beautiful - Special Recggnition for Street Program Participan_t~Q,J~ Folcher. KT~m Massung. Lillian Sh_a~fer. Ed Moor0, artd Matthew McCue * Harris presentation to above named recipients copy letter and minutes to vault - STREETS - Adopt a Street Presentation_of Ufe Sajvjl~g Awards to Police Officers Ct3r~s I~odriguez arid R[tchie Revis - presented copy minutes and backup to file - POLICE DEPT. - Miscellaneous ~'resentatJon_by EuJa Robin~op - Census 2000 - not present copy minutes to vault - US GOVT - Census 2000 LPresentation by Anthony Bello - Charter Communications - Cable Improvements Update update presentation only copy proposed channels list to counter copy minutes to vault- AGREEMENTS - Franchise - Charter Communications Mayor Barnes - Appointment of City Councilmember Liaisons to County and RegionaJ Boards - appointments made - see list in ~wp-min~liaison update list fax to Reta Smith (done) notify all board secretaries contact Nancy Diamond and make sure she is still interested - per Reta Smith.Nancy is still attending meetings per Reta Smith City Attorney cannot be on Land Acquisition Committee - called and left message with Mayor - he is alternate - should we put back on 4/12/00 agenda print out new list and distribute to Mayor, CC, CM, GMD, Building, Engr. (Done) file vault - CITY COUNCIL Approval of Minutes - 3~8~00 Regular Meeting - approved sign, seal - place in book with any designated backup 00.036/ 00.080 00.081 ~ppmpfiate $7.800 - Award Police Oegartment; PaLnt[Dcj. Bid to VIP Paint~[~g. In(;. and A~thodze Execution of Contract - approved copy minutes to file Jean will handle execution of contract Jean will return bid file when complete - file vault - FINANCE - 2000 Bids/Purchases when rec'd - file vault - AGREEMENTS - Miscellaneous update \wp-files\agreemen.wpd - Miscellaneous Approve Masteller ~r~d Moler, Inc. Supplemental Agreemqnt #15 fQr Stonqcrog Dam in the Amount of $18.350 er~d Authorize City Ma_nag~r.to F.,[ecq~ copy minutes to file Jean will handle execution of supplemental 15 when rec'd - file vault - AGREEMENTS - Miscellaneous - Masteller and Moler update \wp-files\agreemen.wpd - Miscellaneous - Masteller and Moler Italian/Ame[ican Club Substitute for Bond in Lieu of Performance Bond - approved letter to IA Club - tell them contact Stringer tile vault - COMMUNITY DEVELOPMENT when bond rec'd file safe (Linda) Bellsouth Agreement- Council approved 175' tower copy minutes to tile in AGREEMENTS - Lease finalized agreement not yet returned for filing Mayor Barnes: · Concurred with a letter from Ann Brack to Human Resources regarding personnel advancement for self-education. The City Manager that Human Resources will be looking at this in the 2001 FY budget and for long term · Suggested a strong letter of opposition to HB 2372 regarding taking pdvate development appeals to the federal courts, and City Council concurred - OBTAIN COPY FOR FILING · Happy with Yacht Club pier. Vice Mayor Bishop Councilmem berJ~;~[c~yk · TCRPC against HB 2372 · TCRPC reps will talk to · Council of Local Governments have invited elected officials to Environmental Lagoon Cruise on April 7, 2000 at 9 am at Environmental Learning Center · Urged people to contact City Manager if there are any questions on Census form Councilmember Majcher Discussed Indian River County districting and recommended a consensus of Council to adopt a resolution at the next regular meeting requesting Indian River County to establish two districts in the North County. It was the consensus of Council to direct the City Attorney to draft a resolution. - 4112/2000 AGENDA - RESOLUTION OF SUPPORT FOR REDISTRICTING 00.076 00.065 00.066 00,077/ 99.066 00.079 O0.078 [p_dian River County I~ecrealjon Use qf Riverview Park for_Easter Egg Hunt- ,~aturday, Apdl 22. 2000 from 2 pm to 5;30_1~,[n~ - Electricity - approved letter to IRC Rec copy minutes to file file PARKS - Riverview use of- IRC Ordinance No. 0-00-08 - LaDd Develol~J3~t '[~l~endments - CJ'eating Riwrfront 7~(~nitl(J Classifi~:~ations and Regulations Second Public Hearing and Adol~flon - adopted sign, seal - copy to file, counter, GMD, P & Z e-mail to MCC (find out if this is going to go into new LDC or should it go into current LDC) blue back odginal - file vault - 2000 ORIG ORD file backup in vault - 2000 ORD BACKUP update \Wl~ord~-00 as to adopted date O~inance No.O-00-09 -CJ~W'~e Re~oning - ~eqon~ Public Headng a~d~dopfion - adopted sign, seal - copy to file, counter, GMD, P & Z talked to City Attorney about reference to this map in LDC - will it be referenced? blue back odginal - file vault - 2000 ORIG ORD - obtain copy of map when available file backup in vault - 2000 ORD BACKUP update \wp-ord~o-00 as to adopted date (;:il~en I~u~lge~ Advisory Board - OJ~uss[o~n Re; Appointment of N{~w Members - Barnes appointed Napier - Hill appointed Foster - 2 at-large to be advertised contact Napier and Foster to fill out applications press release for two at-large - deadline 3/31/00 noon prepare transmittal for 4/12/00 for appointment of 2 at-large file pending credenza for 1st regular Authorize City Manaq.e_r to Negotiate and Execute Three Year Contract for Cash lYlanagem_ent Se~ces Contract with Sun Trust Bank - approved copy minutes to file file pending credenza Jean will handle execution of contract when finalized Jean will return bid file when complete - file vault - FINANCE - 2000 Bids/Purchases when contract rec'd - file vault - AGREEMENTS - Miscellaneous update \wp-files\agreemen.wpd - Miscellaneous Award Sod Bid to B & T Sod and R & R Turf - approved copy minutes to file Jean will handle execution of contracts Jean will return bid tile when complete - file vault - FINANCE - 2000 Bids/Purchases when contracts rec'd - file vault - AGREEMENTS - Miscellaneous update \wp-files~agreemen.wpd ~ Miscellaneous move terminated sod contracts to terminated agreements and remove from agreement list