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HomeMy WebLinkAbout09291999SEBASTIAN CITY COUNCIL WORKSHOP MINUTES WEDNESDAY, SEPTEMBER 29, 1999 - 7:00 P.M. CiTY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Neuberger called the Workshop to order at 7:00 p.m. The Pledge of Allegiance was recited. BOL{,, City Council Present: Mayor Chuck Neuberger Mr. Joe Barczyk Mr. Ben A. Bishop Mr. Edward J. Majcher, Jr. $.taff present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Katlu3m O'Halloran Deputy City Clerk, Sally Maio Charier Rl;lti~;~ Cqmmittee Membera Pr~;~entl Walter Barnes Louise Cartwright Thomas Connelly Norma Damp Adrina Davis lnez Fielding Joseph Generazio James Hill Louise Kautenburg Sandra Mccann Nathan McCollum (Chairman) Larry Napier Salvatore Neglia Larry Paul Harry Thomas Committee Secretary, Linda Kinchen City Council Workshop September 29, 1999 Page Two 4. WORKSHOP ITEMS 99.065 A. Review Recon~tlctcd Charter Revisions and Direct Staff ~ccordingly c..~ .... :-:~"" -~-' ~ - >- ,"~'~"~ &- - Pro1~95¢0. A.nlcn0ment Itl: Amending Section 1.02(7) to extend the limit on terms for airport leases from 20 to 30 years. Section 1.02(7~ is amended as follows: (7) Airports. To purchase, acquire, take hold, establish, construct, equip, maintain and operate municipal airports, landing fields, hangars, aviation terminals and administration buildings, runways, depots, warehouses, garages, repair shops, oil and fuel tanks or stations, or other necessary appurtenances for the use of airplanes and other aircraft, and to acquire or lease any and all real property within the corporate limits, or within ten (10) miles of the boundaries thereof for such purpose; to set apart and use for such purpose any real property owned or leased, by the city, whether or not originally acquired by condemnation, purchase or lease for another purpose; to adopt and enforce reasonable rules and regulations governing the use of such municipal airports; to employ airport directors, airport managers, employees or agents in conjunction with such operation; to impose fees or charges in connection with the use of such airport or airport facilities; to sell gasoline or other supplies necessary in connection with the operation of such airports; to provide lounges, eating places, refreshment parlors and other facilities in connection with such municipal airports; to let or lease to private persons or corporations portions of said airports for building sites, hangar space, concessions or other uses for a term not to exceed twenty (20) thirty (30) years; to prescribe and promulgate reasonable rules and regulations for the operation of such airports, and to exercise supervision and control of such operation; to accept and receive grants from the state and federal governments and any body politic for the construction, maintenance, operation and management of such airport facilities. So that it will read as follows: (7) A/rports. To purchase, acquire, take hold, establish, construct, equip, maintain and operate municipal airports, landing fields, hangars, aviation terminals and administration buildings, runways depots, warehouses, garages, repair shops, oil and fuel tanks or stations, or other necessary appurtenances for the use of airplanes and other aircraft, and to acquire or lease any and all real property within the corporate limits, or within ten (10) miles of the boundaries thereof for such purpose; to set apart and use for such purpose any real property owned or leased by the city, whether or not originally acquired by condemnation, purchase or lease for another purpose; to adopt and enforce reasonable rules and regulations governing the use of such municipal airports; to employ airport directors, airport managers, employees or agents in connection with such operation; to impose fees or charges in connection with the use of such airport or airport facilities; to sell gasoline or other supplies necessary in connection with the operation of such airports; to provide lounges, eating places, refreshment parlors and other facilities in connection with such munidpal airports; to let or lease to private persons or corporations portions of said airports for building sites, hangar space, concessions or other uses for a term not to exceed thirty (30) years; to prescribe and promulgate. reasonable rules and regulations for the operation of such airports, and to exercise supervision and control of such operation; to accept and receive grants from the state and federal governments and any body politic for the construction, maintenance, operation and management of such airport facilities. >'.'. '¢ ", " Prol~osed Amendment #2 Delete Section 1.05 to remove special status for nonconforming uses annexed into the City. Section 1.05 is deleted: Any~eat-prop~,ty-nporr which a lawful business is being conducted at the time-thc-same is taken into the corporate te, lltOry of the city, during the continuance of the same business it shat~ b.-g~ anted the same privileges, inununities and exemptions as though any such business had been condu~ted-withimthe city for the time of operation prior to annexation to the city at such to~ation. 4 l)rolo0~efl Amendment #3: Amend Section 2.03(a), 2.04(a), 2.06(c) and 4.12(a) to change council terms from two to four years. Section 2.03(a) is amended as follows: (a) The office of mayor, whose teim expires ha Marcia, t994; shat} be filled upon such expiration as provided in section 2,06 of this Chaner~ The three (3) councilmember l~osition~!9 be determined in the,.,/ear 7~001 elections shall serve for a threg f.,3).3t~ar term. The two (2) co, tmciln~mber positions to be detcrrRi.ned in the year 2002 elections shall serve for a fgtlr (,t)_.year term. Thereafter, there shall be held a general election of two (2) council members on the second Tuesday in March of each even-numbered year that is not a leap yep, r., and of three (3) council members in each odd-numbered Le~ year. ?,.~?t9~.~[ So that it will read as follows: {j-- - /~ )~' . (a) The three (3) councilmember positions to be determined in the year 2001 elections shall serve for a three (3) year term. The two (2) councilmember positions to be determined in the year 2002 elections shall serve for a four (4) year term. Thereafter, there shall be held a general election of two (2) council members on the second Tuesday in March of each even-numbered year that is not a leap year, and of three (3) council members in each leap year. Section 2.04(a) is amended as follows: (a) The terms of the council members shall be for twrr-(-~ four (4) years, or until a successor has been duly elected or appointed and sworn. So that it will read as follows: (a) The terms of the coundl members shall be for four (4) years, or until a successor has been duly elected or appointed and sworn. Section 2.06(c) is amended as follows: (c) Vice-mayor- Selection and term. 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 ~ lwo yea~ or until his or her successor is elected. The vice-mayor shall be elected using the same procedure as for the election of mayor. So that it will read as follows: (c) Vice-mayor- Selection and term. 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 two years or until his or her successor is elected. The vice-mayor shall be elected using the same procedure as for the election of mayor. Section 4.12(a) is amended as follows: (a) In all general or special elections, the candidate receiving the highest vote in each of the offices of council member to be filled, shall be elected for four two-year terms, or the balance of the term. So that it will read as follows: (a) In all general or special elections, the candidate receiving the highest vote in each of the offices of council member to be filled, shall be elected for four year terms, or the balance of the term. Proposed P, nlen~lment #4: Amend Sections 2.04(b) and councilmembers take office. 4.08(c) to extend dates that election results are declared and new Section 2.04(b) is amended as follows: (b) The term of each newly elected council member shall begin on the Monday lhird regular meeting, following the election at a sp~ial meeting of the city council to be held for the pu, pose of swearing in such newly elected officials. If a regular city council meeth~g is to be held the Monday following the election,, Tthe newly elected officials shall be sworn in at the conclusion of such regular meeting. So that it will read as follows: Co) The term of each newly elected council member shall begin on the third regular meetin~following the election. The newly elected officials shall be sworn in at the conclusion of such regular meeting. Section 4.08(c) is amended as follows: (c) The city council shall, at the._§rstregular meeting hold a sp~iat meeting on the first Monday.following the election,_r~:e, iv_{: for the put pose of reeeivlng 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 s'geciat meeting. Any oath of office required to be administered~to-the newly elected eout~t members shall be administered at such special city-council meeting or at the next city council meeting where-thc newly elected council members are in attendance. So that it will read as follows: (c) The city council shall, at the first regular meeting following the election, receive 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 meeting. ~ ',~(~ t \Y ~ 6 Propose0 A~llcndment #5: Amend Secfi6~n 2.05 to increase salary for members of council. \ \ Section 2.05 is amended as follows: /, The salaryilof the mayor, vice-mayor and each of the other council members shall be paid the following amounts on a monthly basis: (1) Mayor: Four hundred fifty dollars ($450'} ($400-); (2) Vice-rnhyor: Three llondred Two hundred fifty dollars ($300..___)) (-$250); and (3) Counc. 7 members: Three hundred One hundred fifty dollars ($300..___~ ($-t-50). So that it will read as follows: The mayor, vice-mayor and each of the other council members shall be paid the following amounts on a monthly basis: ~' (1) (2) (3) Maybr: Four hundred fifty dollars ($450); Vice'.mayor: Three hundred dollars ($300); and Councilrnembers: Three hundred ($300). 7 Proposed Amendment #6: Amend Sections 2.06(o) and 3.04(g) to clarify that mayor signs legislative documents signs contracts and other business documents. and city manager Section 2.06(b) is amended as follows: (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 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 ordi!a~s, resQl!ltions_llad_l~l:oclamations of the (3itst C~uncil or other documents as required by law contracts, bonds, debentures, franchises and official documents on behalf of the city as directed and authorized by the city council, which shall also be attested by the city clerk. So that it will read as follows: ~o) 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 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. Section 3.04(g) is amended as follows: (g) The city manager, as authorized by the city Charter, the Sebastian Code of Ordinances, or by the direction of the city council, shall may sign all contracts, bonds, debentures, franchises and official documents on behalfofihe city, which shall also be attested by the city clerk. So that it will read as follows: (g) The city manager, as authorized by the city Charter, the Sebastian Code of Ordinances, or by the direction of the city council, shall sign all contracts, bonds, debentures, franchises and official documents on behalf &the city, which shall also be attested by the city clerk. Proposed Amendment//7: Amend Section 2.08(c) to require special election to t511 council vacancies of greater than six months. Section 2.08(c) is amended as follows: (c) Filling vacancies. In the event of a vacancy in the office of a council member, the city council shall appoint a person having the qualifications of council member to occupy such office until the earlier of (1) the seating of a successor elected by the electorate of the city at the next general municipal election for the city where the qualifying period for seeking election for council members has not expired, or (2) for the remainder of the unexpired term of the council office in which the vacancy exists. In the event a successor is to be elected, for.the_ unexl~ir~0 term~ the carldidates shall run specifically for. ihat seat on the council. However, if there is no general election within a six-r0orlt, h period of the occurrence of the yacanc}~ anti lh_~ unexpired term for the vacant seat exceeds six monthj, i1 ~pecial election shall be held with alL~luebaste ~ elect a successor~_anxt the al~l~oi~_tee s_hall serve until the successor is seated at the first regular meeting {~_~-t_h_e council following certification of ibc e!¢¢t~on results. So that it will read as follows: (c) Filling vacancies. In the event of a vacancy in the office of a council member, the city council shall appoint a person having the qualifications of council member to occupy such office until the earlier of(l) the seating of a successor elected by the electorate of the city at the next general municipal election for the city where the qualifying period for seeking election for council members has not expired, or (2) for the remainder of the unexpired term of the council office in which the vacancy exists. In the event a successor is to be elected for the unexpired term, the candidates shall run specifically for that seat on the council. However, if'there is no general election within a six-month period of the occurrence of the vacan, cy and the unexpired term for the vacant seat exceeds six months, a special election shall be held with all due haste to elect a successoi', and the appointee shall serve until the successor is seated at the first regular meeting of the council following certification of the election results. 9 ProposedAmcndment/t8: Amend Section 2.09 to provide procedures for removal of council members. Section 2.09 is amended as follows: The city council shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of their office and for that purpose shall have power to subpoena witnesses, administer oaths and require the production of evidence. Upon the filing t~y a ,itfing mem!>er of council.of a written..~:llarge that a menlber ha~ committed conduct violating ~e~lion 2.08(b), the city council rlatjst vote whether said charge woul~l, if proven, constitute a violation itla.~l ~vhe~h~r a reasonable basis exists fo!' believing the violation occurr~xt,, and upon an g!tirm~ive determination by the majotit¥, a special meeting shall be scll~dgled within_~llirty (30) days for ~ heating on the charge. Alternatively, a :~ member charged by a member of the public with conduct constituting grounds for forfeiture of his/her office shall be entitled to a public heating on demand_, andre Notice of such hearing shall be published in one (1) or more newspapers of general circulation in the city at least one (1) week in advance of the hearing. Decisions made by the city council under this section shall be subject to review by the courts. So that it will read as follows: The city council shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of their office and for that purpose shall have power to subpoena witnesses, administer oaths and require the production of evidence. Upon the filing by a sitting member of council of a written charge that a member has committed conduct violating section 2.08(b), the city council must vote whether said charge would, if proven, constitute a violation and whether a reasonable basis exists for believing the violation occurred, and upon an affn-mative determination by the majority, a special meeting shall be scheduled within thirty (30) days for a heating on the charge. Alternatively, a member charged by a member of the public with conduct constituting grounds for forfeiture of his/her office shall be entitled to a public heating on demand. Notice of such heating shall be published in one (1) or more newspapers of general circulation in the city at least one (1) week in advance of the heating. Decision~, made by the city council under this section shall be subject to review by the courts. 10 Proposed Amendment #9: Amend Section 2.12(a) to change manner of calling special meetings of council so all councilmembers have equal standing. Section 2.12(a) is amended as follows: (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 vic.~-mayor or oftbxee-or mor~ any council members. Whenever practical, each council member shall receive at lea~ twelve (12) hours' advance notice of any special council meeting called. If a public elllergency as defined under Florida law exists at least three (3~ ,any council members-deem or char~er officer may ¢_tlL a special meeting to-be aa emergency meeting, anO the twelve (12) hour advance notice requirement shall be waived. All city council meetings shall be public meetings, except as otherwise permitted by law. So that it will read as follows: (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 members. Whenever practical, each council member shall receive at least twelve (12) hours' advance notice of any special council meeting called. If a public emergency as defined under Florida law exists any council member or charter officer may call a special meeting, and the twelve (I 2) hour advance notice requirement shall be waived. Ail city council meetings shall be public meetings, except as otherwise permitted by law. 11 Proposed Amendment gl0: Amend Section 2.16(a) allowing standing committees guidelines to be setup pursuant to ordinance as well as resolution. Section 2.16(a) is amended as follows: (a) Standing committees may be appointed by the city council. The membership, powers and duties of such committees shall be provided by the resolution or ordinance of the city council. So that it will read as follows: (a) Standing committees may be appointed by the city council. The membership, powers and duties of such committees shall be provided by the resolution or ordinance of the city council. 12 Proposed Amendmctl! #11; Amend Section 3.03(a) to provide for removal of charter officers without cause if pursuant to contract. Section 3.03(a) is amended as follows: (a) Any Charter officer may be removed from office for cause, or ~'jtho_ut _cause pursuant to the terrrls of an employment agreement, by a majority vote of the entire city council. So that it will read as follows: (a) Any Charter officer may be removed from office for cause, or without cause pursuant to the terms of an employment agreement, by a majority vote of the entire city council. 13 Proposed Amendment/t12: Amend Section 3.03(b) to set standards for vote to charge charter officers with cause for removal. Section 3.03(b) is amended as follows: (b) In the event that one or more council members believes that cause exists for the removal ora Charter officer, such council members shall present written charges to the entire city council at a regularly scheduled meeting for discussion. The city council may, by a vote at least three (3) council members that said charge would, ifprover~ constitute a violation and that a reasonable basis exists for believing the viQlation occurred, formally charge the named Charter officer with misconduct and immediately suspend such Charter officer form office. Notice of the suspension and the specific charges of misconduct shall be served upon the affected Charter officer in person or by certified or registered mail, return receipt requested, to the last known address of the affected Charter officer. The suspended Charter officer shall have the right to a hearing before the City Council upon request. The suspended Charter officer shall be given a reasonable period of time in order to prepare for such hearing. At the conclusion of the hearing, the suspended Charter officer shall be removed if the City Council finds, by a vote of at least three (3) council members that cause exists to support such removal. In the event that at least three (3) council members do not find that cause exists for removal, the suspended Charter officer shall be immediately reinstated to his or her Charter office. So that it will read as follows: (b) In the event that one or more council members believes that cause exists for the removal of a Charter officer, such council members shall present written charges to the entire city council at a regularly scheduled meeting for discussion. The city council may, by a vote at least three (3) council members that said charge would, if proven, constitute a violation and that a reasonable basis exists for believing the violation occurred, formally charge the named Charter officer with misconduct and immediately suspend such Charter officer form office. Notice of the suspension and the spedfic charges of misconduct shall be served upon the affected Charter officer in person or by certified or registered mail, return receipt requested, to the last known address of the affected Charter officer. The suspended Charter officer shall have the right to a heating before the City Council upon request. The suspended Charter officer shall be given a reasonable period of time in order to prepare for such hearing. At the conclusion of the hearing, the suspended Charter officer shall be removed if the City Council finds, by a vote of at least three (3) council members that cause exists to support such removal. In the event that at least three (3) council members do not find that cause exists for removal, the suspended Charter officer shall be immediately reinstated to his or her Charter office. 14 Proposed Amendmell~[ Amend Section 3.04(e) to designate that the City budget be adopted by resolution. Section 3.04(e) is amended as follows: (e) The city manager shall also prepare and submit the annual budget, budget message, and capital program to the city council and shall keep the city council fully advised as to the financial condition and future needs of the city, and shall make such recommendations to the city council concerning the affairs of the city as he deems desirable. The city council shall adopt the annual budget and capital program, as presented or as modified, by resolution and it~l.ol~t Ihe city millage rate by ordinance. So that it will read as follows: (e) The city manager shall also prepare and submit the annual budget, budget message, and capital program to the city council and shall keep the city council fully advised as to the financial condition and future needs of the dty, and shall make such recommendations to the city council concerning the affairs of the city as he deems desirable. The city council shall adopt the annual budget and capital program, as presented or as modified, by resolution and adopt the city millage rate by ordinance. 15 Proposed Amendment #14: Amend Section 3.09(a) to delete reference to city attorney as legal advisor to mayor to reflect change to manager/council form of government. Section 3.09(a) is amended as follows: (a) There shall be a city attorney of the city who shall serve as chief legal advisor to the city council, thc mayor and all city departments, offices and agencies, shall represent the city in all legal proceedings and shall perform any other duties prescribed by this Charter or by ordinance. So that it will read as follows: (a) There shall be a city attorney, of the city who shall serve as chief legal advisor to the city council and all city departments, offices and agencies, shall represent the city in all legal proceedings and shall perform any other duties prescribed by this Charter or by ordinance. 16 Proposed Ara.endment #15: Delete Section 3.09(c) to remove specific provision that council set compensation for city attorney. Section 3.09(c) is deleted: (¢) The city attorney shall receive such compensation as may be detem~ined by the city council. 17 Proposed Amendment #16: Amend Section 4.02Co) to adopt election filing fees set by law instead of by council resolution. Section 4.02(b) is amended as follows: (b) The oath set forth in subsection (a) shall be filed with the city clerk at least forty-five (45) days, but no more than sixty (60) days, prior to the day of the election, along with payment of a non-refundable filing fee as l~rgvideO bY la.w s~t by the resolutim~ of the city council, fi~m time to time. So that it will read as follows: (b) The oath set forth in subsection (a) shall be filed with the city clerk at least forty-five (45) days, but no more than sixty (60) days, prior to the day of the election, along with payment of a non-refundable filing fee as provided by law. 18 Propose0 AtnenOmenl.~17: Amend Section 4.08(a) to change make up of elections canvassing board to include city attorney. Section 4.08(a) is amended as follows: (a) If the city is not holding its election as a part of the election for Indian River County, Florida, the city clerk shall appoint a city canvassing board to be composed of three (3) individuals; one (1) member shall be the city derk,.9_ne (1) member shall be the city attorney, and the remaining two-(~ members shall be appointed by the city clerk. The city clerk shall act as chairperson of the city canvassing board. So that it will read as follows: (a) If the city is not holding its election as a part of the election for indian River County, Florida, the city clerk shall appoint a city canvassing board to be composed of three (3) individuals; one (1) member shall be the city clerk, one (1) member shall be the dty attorney, and the remaining member shall be appointed by the city clerk. The city clerk shall act as chairperson of the city canvassing board. 19 Proposed Alnendment #18: Amend Section 4.12(b) to require a run-off to decide ties for council elections instead of drawing lots. Section 4.12(b) is amended as follows: 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 question shall be decided by a special r~!l-off election between the tied candidates to be held no later than thirty (30) days offer the results of tile initial election art ~_~!ilred by city cotlncil bat, conducted by-the city council at the meeting of the city held for the purpt,-se of canvassing the returns of the election, and the results thereof shall be ce, tiffed in the minutes-of such meeting by thecity etetk. So that it will read as follows: 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 question shall be decided by a special mn-off election between the tied candidates to be held no later than thirty (30) days after the results of the initial election are declared by city council. 20 Proposed Amendm~nl_~19~_ Amend Section 4.13 to make violation of state election code a basis for disqualification and providing procedures for such action. Section 4.13 is amended as follows: No candidate shall pronfise any money, ofl%e, employment, orother thing of value to secure his/her election, or give anything of value to individual voters for the purpose of securing their votes violate, t. ho_provisions Florida Election Code, ~gfida Statues Chapter 104, as now constituted or as amended irl.th~ future. A violation of any of these provisions shall disqualify such candidate from holding office, if elected, and the person receiving the majority of the votes cast, observing the foregoing conditions, shall be entitled to the office. Any sitting merob~r of_~Quncil or candidate therefore may file a written ~hprge with the city cl'erk~ prior tq opening of the meeting i0_w__!~,Mhe,_~l ,ecti.qn results are declared, that specifies, afl al[~ged violation of this provision h~r a candidate having been elected. The city council mst vote ~vhether said charge wotll0, ifprove~l, constitute a violation and whether a reasonable basis exists for believing the violation occul'~d, and upon an affirmativ~ determination b~ the lll~fity, a specjal meelhag shall be scheduled within thirtzL30) days for a hearing on the charge in which the procedures of Section 2.09 ap. piT Upon a finding by a majority vote of the whole council that a ~ violation of any of these provisions occurred, such a fi~Oing shall disqualify such candidate from holding Office, if elected;, and the person receiving the majority of the votes cast, observing the foregoing conditions, shall be entitled to the office. So that it will read as follows: No candidate violate the provisions of the Florida Election Code, Florida Statues Chapter 104, as now constituted or as amended in the future. A violation of any of these provisions shall disqualify such candidate from holding office, if elected, and the person receiving the majority of the votes cast, observing the foregoing conditions, shall be entitled to the office. Any sitting member of council or candidate therefore may file a written charge with the city clerk, prior to opening of the meeting in which the election results are declared, that specifies an alleged violation 0fthis provision by a candidate having been elected. The city council must vote whether said charge would, if proven, constitute a violation and whether a reasonable basis exists for believing the violation occurred, and upon an affirmative determination by the majority, a special meeting shall be scheduled within thirty (30) days for a hearing on the charge in which the procedures of Section 2.09 apply. Upon a finding by a majority vote of the whole council that a violation of any of these provisions occurred, such a finding shall disqualify such candidate from holding office, and the person receiving the majority. 21 Proi~osed Amendment//20: Amend Section 4.14 to provide that city manager, then responsible for appointing interim government, instead appointments. city attorney, succeed city clerk as official of mayor and police chief making such Section 4.14 is amended as follows: Should a condition arise where there should be no city council serving, either through death, resignation 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 llaatlager maym' shall do so. In the event of the inability or refusal of the city mitlaogcr maycn' to act within twenty-four (24) hours, the city attorney chief of ~ shall do so. So that it will read as follows: Should a condition arise where there should be no city council serving, either through death, resignation 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. 22 Proposed Amendment #21: Delete Sections 6.02 and 6.03 to remove obsolete provisions for transition to current charter. Section 6.02 is deleted: The obligations, debts, eonti acts, certificates of indebtedness, bcrnds, including obligatim~s3teretof~re issued or any p~ceedh~g heretofcn~-begutrfi~r k~cal improvements of the city shall noebe impaired, affected or avoided by the adoption of this Charter,-but'shall pass to and be binding on the city created hereby. Further, no actions in the courts of the state or the federal government shall be afl'ected by this Charter, and the city hereby created shall succeed in alt aspects in att-such actions without the necessity of any legal proceedings by the city. Section 6.03 is deleted: Subject to specific conditions contained herein or atrtherriw to create by ordi~mnce specific conditions, all off~cs and employees heretoforeele~ted and appointed shall continue to hcrld their respective offices and discharge the respective dtaies thereof under the city hereby created until their successors are- elected, appointed and qualified under the provisions ofthls Charter or ordinances lawfully enacted. 23 DRAFT SEBASTIAN CITY COUNCIL WORKSHOP MINUTES WEDNESDAY, SEPTEMBER 29, 1999 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayoi- Neuberger called the Workshop to order at 7:00 p.m. The Pledge of Allegiance was recited. ROLL CALL Ci~ Council Present: Mayor Chuck Neuberger Mr. Joe Barczyk Mr. Ben A. Bishop Mr. Edward J. Majcher, Jr. Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Re,flew Committee Members Present: Walter Barnes (absent) Louise Cartwright Thomas Connelly Norma Damp Adrina Davis (absent) lnez Fielding Joseph Generazio James Hill Louise Kautenburg Sandra McCann Nathan McCollum (Chairman) Larry Napier Salvatore Neglia Larry Paul Harry Thomas Committee Secretary, Linda Kinchen City Council Workshop September 29, 1999 Page Two DRAFT 4. WORKSHOP ITEMS 99.065 A. Review Recommel~ded Charter Revisions and Direci Staff Accotd~gl~ Mayor Neuberger requested each proposed amendment be addressed one at time after being read by the City Attorney, followed by Committee presentation of pro and con viewpoints, public input and then Council discussion. Proposed Amendment #1: Amending Section 1.02(7) to extend the limit on terms for airport leases from 20 to 30 years. Section L 02(7) is atnended as follows: (7) Air/~rt~. 7b p~r~'h~L~'e, acquire, take hokt, establish, construct, equip, maintain attd operate municipal airporL,, landing field, v, t~tgam, ~atJon g, oninaL~ al~l adlnin~ln~lion buiMings, tntnways, depot, v. wa~house8, gan~ges, repair 5hops, oil and fuel tank~ or statiota~, or od~rr necessary appurtenances for the use (~ai~lanes and other aircraft, and to acqui~ or lease arty'and a# ~val p~ within the corpotxtte limits, or within ten (1~) miles ~ the boundaries thereof for such purpose; to aet apart and use ~r such puT~se at~ n, al pn~pet~ owned or lea~ed by the ci~. wlg, ther or not ot'iginal]y acquh'ed by condemnation, putvhase or lease fi~r attother purpose; to adopt and enforce nrasonable t~ies and ~gulations gove~tJng the use of such municipal airporLv; ta employ airport di~ctorv, airport managers, employees or agents in conjunction wHh such operaaon; to impose fees or charges in connection with the use Qf such aitl~ort or airport fi~cifities; to sell gasoline or other supplies necesza~ in connection with the operation qf such airports; to p~x~vide lounges, eatbtg places, tv~shment parlors and other faaifities in connection with such municipal airpor~; to let or lease to ptqw~te persons or corporations portions (~'said airports for building sites, t~angar space. ~ssiaa~ or other uses ~r a ~ not to exceed men~ (~) thi~ ~30} years; to pt~sc~be and p~mulgate ~asonable ~ies and ~latiotr~ for the operation t~such ai~orL~, and to exe~ise supe~ision and contnd of such operation; to accept and receive g~nt~ fmm t~ state attd fetle~d go~mtent~ and atty ~nly politic fi~r the consoTtction, maintenance, operation and management of such ai~ort facilities. that itwiX read as follows: (7) Airport~'. To pun:hase, acquire, take hoM. establish, constt~ct, equip, maintain attd operate municipal airports, landing fiek~, hangat~. ~atiott tet?nb'ta~ and administration buildings. ~nways depots, warehouses, garages, ~pair shops, oil and fuel ta~ or stations, or other necesaa~ appurtenances for the use of airplanes arid other at~fi, attd to acqui~ or lease arty and ali ~al pnq~y within the corpon~te Hmits. or within ten (10) miles of the boundaries the~t~r such purpose; to set apat~ and use for such pu~e arty neal pn~pe~ owned or lea,ed by the city. whether or not originally acquitvd by condemnation, pu~hase or le~,e for anotl~r pu~pose; to adopt arid e~tve ~ottable ~les attd n, gulations gove~ting the use of such municipal airports; ~ empl~ aOpo~ di~ctot~, aiq~on managers, employees or agents in connection with such operation; to impose fees or cha~es in ~n~ction with the use of such airpot~ or airport facilities; to sell gasoline or other supplies necessa~ in connection with the operation of such efforts; ta pn~vide lounges, ea6ng places, ref~shment parlors and other facilities in ~nnection with such municipal airport.~; to let or lease to private persons or cotporaaons portions I~said airports fl~r building sites, hangar,,pace, concessio~ or other a~ez fin' a letnt not to exceed thirty (30) ~at~; to pn~scribe arid pt~mulgate ~tz~onnble ~les and t~gulatiota~ for the operaaon of such abpot~s, attd to exercise supet~ision and control t~suah operation; ta accept and receive grants~m the state and federal governments and arty body politic ~r the const~tction, maintenance, operation and atanagement e~ such airport ~tciHties. 2 City Council Workshop September 29, 1999 Page Three DRAFT The Committee Chairman presented the Charter Committee's recommendation. Ruth Sullivan, Indian River Drive, Sebastian, objected to the amendment. It was the consensus of City Council to proceed with the proposed amendment. Proposed Amen,~lme_~t #2 Delete Section 1.05 to remove special status for nonconforming uses annexed into the City. Section 1.(15 is deleted: ,~tO, retzl lnx~l~tfy Uln>n whhrh a lctwfi~i business is ~ing co~t~ted at t]~ time the ~)ne ia fi~A~n ht~ ~e cot~n?te to?~tmy ai~, ~tf~ tt~ ~ntinaa~ of tt~ a~nte busine~ it.d~il be ~mt~l the ~nte p~ivil~es, innnut~tie.t and exemptions as s~t bu,~h~sa 1~ ~en ~t~t~ ~ithin the ~ ~r the gme of opet~t~n pI~t ~ mmexn~t~n~) ~ ei~ at zuch ~tion. The Committee Chairman presented the Charter Committee's recommendation. It was the consensus of City Council to proceed with the proposed amendment. Proposed Amendment #3: Amend Section 2.03(a), 2.04(a), 2.06(c)and 4.12(a) to change council terms from two to four years. $~'t.tion Z 03(a) is amended as follows: (a,) ~I'fie o.~ce of mctyo, , ,,,hose telm expires in ,~fi~r~h, t 994; sla~ll be fillecl Uln~n such e~pi~Jtion as-pt ~vivled itt s~tion 2. (h5 of this Chattel, ?'he three ~3) counc#member posttions to be determined in the year 200.1 election., shqll serve for a three [3_)~vear term. The two (2) councihnember_.j~ositions to be determined itt the year 2002 ele.3e, tion,, shall serve for a four (4) year term. There. aftel; there shall be hem a general eh:ctian of two (2) council members on the secand Tuesday in March of each even- numbered year that is not a lee~ year. and of thn:e ('~) council members itt each odd. numt,~vd ~.a~.year. ,5;0 that it will read as follows: (a) Tt~ three ('~) counc#mem&.rpositions to be detertmned in the year 2001 elections shall sore for a three (3) year term. The two ~) councihnember pasitkn~, ta be determined in the year 2002 eh'orions ~'hall serve for a four (4) year ternt. Thereafter, there shall &, hem a general election of two (2) council members on the second Tuesday in March of each even-numbered year that is not a leap year. attd of three (3.) council membe~:, in each leap year. Section Z 04(a) is amended as follows: City Council Workshop September 29, 1999 Page Four DRAFT (a) The tet?ns of the council membem shall be for ~ f/2.t.(.r..L4.2 year~, or until a successor has been duly eh:cted or appointed and sworn. that it will read tm follows: (a) ?'he te~?ns of the council members ,~hall be for four (4) yearn, or until a successor has been duly elected or appointed and 8WOFII. ,¥ection 2. 06(c) i.~ amended as follows: (q) 14o~-mayor - Selection and telrn. At the fir,~'t tvgularly .~'cheduled city council meeting subsequent to the second Tuesday itt March, tI~e ciO/councilshall elect a vk:e-mayor f~vam among its members. The term of the vice-mayor shall be for' o~;~ wtwo year~ or until his or her successor is elected. The vice-mayor shall be elected using the same pt.~cedure caf or the election of mayor. that it will t~ead as follows: (c) Vice-mayor, ,~election and tet?n. At the first regularly scheduled ciO~ council meeting subsequent to the seco~td Tuesday in March, the ciO/~v~unci] shall elect a vice-mayor f~v~m among its members. The term of the vice-ma)~or shall be ~r two y~,ar$ or until his or her successor i$ elected. The vice-mayor shall be elected using tire same procedut~ as Jbr the election of mayor. Section 4.12(a) is' amended as follows: (a) In all general or special elections, the candidate receiving the higheat vote tn each of the office.~ of council member to be filled, shall be elected fi'~r~ vms-year terms, or the balance of the term. that it will read a., follows: (a) In all general or special elections, the candidate receiving the highest vote in each of the offices of council memher to be .filled, shrill be elected for four year ter~ns, or the balance of the term. Tthe Committee Chairman presented the Committee's recommendation. Committee member, Scl Neglia noted that the committee vote was 7-6 on this issue and objected to the amendment. Committee member, Tut Connelly recommended that committee members not be asked to state opposing views. The City Attorney clarified that any private eifizeus could express a view, however, the Committee Chairman might want to explain what issues were raised during the committee's deliberations when there was not unanimous vote. Following some discussion, it was the consensus of City Council to proceed with the proposed amendment. 4 City Council Workshop September 29, 1999 Page Five DRAFT 'Pr0po~ed Amendment #4: Amend Sections 2.04(b) and councilmetnbers take office. 4.08(c) to extend dates that election results are declared and new Section ZO4(b) is amended as follows: (b) The term ~f each new~y e~ected c~unci~ mem~er sha~ hegin ~n ~he `44~nd~y third reg~w meeting f~ll~wing the e~ecti~n ~ a special nteet~tg of tin ci~ ~to~il ~ ~ heM~l the pu,t,oae of~,~ng in st~b n~ et~ o~ciaLv. Ifa t~gula~ei~ cout~H meeting is a> ~ heM the ~4m~y fl~fi~ing the et~th>n, . 7~the newly elected officiab shall be .,wont in at the conclusion ~sucb ~gular meeting, that it will read as fi~llows: (b) The tetvn of each newly ~,iected council memb~.r, shall I~egin, on the third regular meeting~dlowing the election. The newly elected officials shall be sworn in at the concluston of such regular me,:ting. Section 4.08(c) is amended as follows: (c) The ci~ councii shall, at the fi~st tv~pth : meeting ham a ~1~1 meeting on tl~ fi~at.~n&~ following the election, receive .fl~ the pro,se affecting the cen~cate of the caunty canw~ssing board ~ the retm~ts for Indian River Count, Florida, or the ci~ canvassing board, as the case m~ be. The city couttcil shah then declan, the ~sults of the elecaon and enter them in the minutes of the ~ meeting. 3n~ o~e t equit ~t ~ ~ admlni.,te~d fit the ne~ ly etee~d could members .,ball mln,htis~ at n~h.st~c, oiii~:il ~g at at the t~xt ci~ ~um:it n~eting ~he~ the new~ elated council members atv in atte~t~e. So that it will t~'ad t~ foilows: (c) 7'he city council shall, at ttte fir.~t tx, guh~r meeting ./bllowing the ehrction, receive, the certificate of the counO/ canvassing board of the n~mrtt~ fl)r Indian River CounO~. Florida, or the city canvassing board, as the case may be. The city cauncil shall then declare the n'~sultz of the election attd enter them itt the ntinutes of the meeting. The City Attorney noted that perhaps the receipt of the certificate of the canvassing board should be "at thefirst regular meeting occurring more than three days following the election ". Discussion took place on reducing the time for swearing in to two regular meetings/four weeks rather than at the third regular meeting following the election. The Chairman said the committee would not object to changing the language to "second regular meeting following the election ". Chairman McCollum stated, for the record, that no Committee member had any future interest in airport leases (relative to Amendment # 1) TAPE I. SIDE II (7:47p. m.) Following further discussion, Mr. Bishop agreed with a two week period but recommended it be done at a special meeting, Mr. Barczyk agreed with cutting it down to four weeks following the election, Mr. Majcher agreed with a special meeting within a two week or two meeting period, and Mayor Neuberger recommended the amendment be dropped. City Council Workshop September 29, 1999 Page Six DRAFT The Committee Chairman suggested a special meeting on the third Monday in March. Mr. Hill said the reason the committee moved the time up was because of the problem with the recount this year. The City Clerk reiterated the consensus as: Mr. Barczyk - 4 weeks/2 meetings Mr. Majcher - 4 weeks/2 meetings Mr. Bishop - 4 weeks/2 meetings Mayor Neuberger - drop the amendment Ruth Sullivan and Hany Thomas objected to March elections. Joseph Generazio agreed with waiting two weeks but doing the swearing in at a special meeting. The City Attorney stated, "A special meeting will occur like two meetings after. With it being a special meeting, I'm going to have to figure out exactly how to word that, approximately the time of the second meeting following the election; and the results would be declared at the fu'st regular meeting that occurs at least three days after the election. This is where you declare the results. This is not where they take office, this is where they declare the results. Its two different things." He said he will come back with amended language. It was noted the Charter Committee will be provided with amended language for review. Proposed Amendment #5; Amend Section 2.05 to increase salary for members of council. $~cti~m 2. 0,5 is atn~:~[¢~] The .~ata~y of the mayor, vice-mayor and each of the other council members shall be paid the following amounts on a monthly bas~: (~) .Mawr: Four hundred~ dollam ~4~ ~; (2) Vice-torpor: Tt,ve hundred I~ humh~ fif~ dollam (~300] ~25,53 ; atut (3) Cou~ii members: l'h~e humbvd One humb~ fif~ do&::~ ~300) ~. ..~ that it will read as follows: Tire mayor, vtce-mayor and each of the other council member.~ shall be paid the following amounts on a monthly basts: (1) 3,[ayor: Four hundred fifty dollars (~450); (2) Vice-mayor: Three hundred dollars (~300) ; and (3) Council members: Three hundn:d ($300). 6 DRAFT City Council Workshop September 29, 1999 Page Seven The Committee Chairman presented the Charter Committee's recommendation. Ruth Sullivan suggested setting a percentage figure based on cost of living. There was a 3-1 (Neuberger against) consensus of City Council to proceed with this proposed amendment and leave it up to the voters. Proposed Amendment//6: Amend Sections 2.06(b) and 3.04(g) to clarify that mayor signs legislative documents manager signs contracts and other business documents. and city Section 2. 06(b) is amended as follows: (b) Mayor- Dutie& general. The ma)or shall lnvsMe at each meeting of the city council..~'hall have a vote upon rnattet:~ the ci~ ~ur~il, but shall not p~xvsess a ~to po~ The mt~r shall ha~ the power to p~se~e the peace and onler, be ~cognized t~ the head of the ci~ go~rnment jbr aH ceremonial purposes, and sitar be ~cognized by the gove~tor as the hca# of the city g~mment fi~r putlnJses ~militaty law. The Mt[~r shah sign aH ordinances~ resolutions and p~clamations t~ the Ci~ Council or other ttoq~tt$ o~ ~quit~d bv,~(~ ~*, ~.~, decatur es. fimmhaes atn~ offm~l ~uments on beha~of the city a.~ directed and autho~zed by the city council, which shah also be attested by the ci~ clerk. So that it will read as fi~llows: (b) ,~[c~r- Duties, gemrrai. The mayorshall pn.:~ide at each meeting of the city council, shall hmn'r a vote upon matter~ hefi~re the city council, but shall not Isossess a tnrto power: The mayv~r shall have the power to preserve the peace and order, he recognized as'the head of the ci~ government for all ceremonial purposes, and shall be n:cognized by tire governor as the head of the city government for purln'~,es of military law. The Mayor shall sign aR onlinances, resolutions and proclamations nj'the City Council or other documents as required by law on behalf of the city as directed and authorized by the city council, which shah also Ire attested by the city cleric Section 3. 04(g) is amended as'follows: (g} Tire city manager, as authorized by the city Charter. the Sebastian Code of Ordinances, or by the direction of the ciO, counc#, shall mrty sign all contracts, bonds, debentun~s, franchises and official documents on behalf e~ the city, which shall a~o be attested by the ci~ clerk. So that it will read as follows: (g) The city manager; as authorized by the city Chartet; the Sebtx~ttan Code of Ordimmces, or by the dirvction t~the city councd, shall sign all coruracts, bonds, debentures, fi'anchises and t~ficiai documents on behalf of the city, which shaR also be attested by the city clerk. The Committee Chairman presented the Charter Committee's recommendation. It was the consensus of City Council to proceed with the proposed amendment. City Council Workshop September 29, 1999 Page Eight DRAFT Proposed Amendment #7: Amend Section 2.08(c) to require special election to fill council vacancies of greater than six months, Section 2.08(c) is amended as follows: (c} Filling vacancies. Itt the ew, nt ora vacancy in tile office ora council member, the city council shah appoint a person having the quali, ficatiot~ of council me#tber to occupy such office until the earlier of (l) the seating ora successor elected by the electorate of tl~, c#y at ttte next general municipal election for tile city where the qualifying period for seeking election for council memfiet~ has not exl)it~d, or (2}for the remainder of the unexpired ter~n of the council office in which the vacancy exists. In the event ct ~uccessor is to be elected for the une.rp~.l~rm, tile candidates shall nm ,II~'~ifically for liter sqgt an the cottncil~ However. i. lethere is no gd:neral election within a six-mxmth period af the occurtx,.nct£..o.~tJte vacancy anti the unext, i~t.I term fi~r the w~cant seat e. ra:eetl~. .vL~ ntont~, a_~ecial election shall he heht with all thee ho.~te to (~:t a successor, and the appointee shah ~e until the successor is sq~l~ (~.tht~,~rst tv~uhtr meeting ~ the count:i/ fi~t2~ing cert~t:ution t~ the ~h~t:tion n~sltlts. that it will read as follows: (c) l'~lling vacancies, ltl tile en~,nt of a vacancy itl tile o/rice ~if a council member, the city council shah appoint a person having the qualifications t:~ council memln~r to ot:c~py such office until Ihe earlier o.[ (!) the seating of a successor elected hy the electorate of the ci(y at the next general municipal election for the city where the qualifying per~od for seeking, elea'tion for council membel'a ha.~ not expired, or (2) ~n' tile remainder of the unexpired term of the council o.~ce itl which the vacancy exists, ltl the event a successor is to be eh:cted fin" tile unexpired term, the candidates shah n#l s'pecificallyfor that seat on the council. H. owever, if there i., no general eL, ction within a si~-month period of the occurrence of the vacancy anti the unexpired term fitr the va~tnt.~eat exx..eetiv s~r month& ts special election shall be held with all due haste to elect a successor, anti the appointee shall se~.u.n~.(l~e..~t~¢:.ce.~sot? is seated at the first n:gular meeting t~ the council following certificatk~.~.th The Committee Chairman presented the Charter Committee's recommendation. It was the consensus of City Council to proceed with the proposed amendment. Proposed Amendment #8: Amend Section 2.09 to provide procedures for removal of council members. ,¥ectlon 2. 09 is amended as follows: The city council shah be the judge of the eh:ction and qualifications o fits meml,ers and ,~ the gt, unds for fo~eiture of their t~ce attd~>r dutt putl,rxve .vhaH have power to subpoena witnesses, ttdnlini.~ler oaths and requi~v the pmduction of ~idence. ~on the ~~L,~jtti~emher c~f council ~ a wrij~tj cl~qT~e that a mEnl~2:~.~fi2 ~Zmm~tte~ cot~thtct violating City Council Workshop September 29, 1999 Page Nine DRAFT q~gtio~n,~. 08r~,~he~ity gour, c. il mu.vt w, te whether saM cha. rge would~_iJ~¢{'~'~ constitute a violati?t a,~ wh~.tt~r o reasonable ha.vi., exi. vt.v J'or heBeving the violation oCctlrr°('dL and. l..l,~l~rl an affirmative ttetermil~otion by Ihe majority~ a sl2ecial meeting .,hall be .vchethtled witldrl thirty ~0) d~s~for a hearing oft t.h.(~.£1!nr.g,e.:...../_][(e..rn. .a..ti.v_el_~ a 14 mentber charged by a member ~the public with conduct cor~,timting gr~)umh for forfeiture t~ hi.~/her ojJice .~hall be entith:d to a public hearing on demands_ emnCn ~otice of such hearing Mtall be published irt one (1} or more new.~.papers of general circulation in the city at least one (1) week in advance of the hearing. Decisiott~ made by the city council under this section shall be subject to review by the court, v. So that it will read as follows: Tile city council ~hall be the judge of the election and qualifications of its members and of the grouna~ for fo~,iture of their office arut for that purpa~,e shall have power to ~ublx~'na witnesses, administer oat]ts and requi~v the production of evidence. Upon the fiHng by a sitting member of council ora written cha.~,e that a member Itas committed conduct violating section 2. OS(b). the oily council mu.vt w~te wh,,ther sam chat:ge would, if p. r~,.~, constttute a vtolatwn and whether a tvasonable b~sis exi~ ~r ~li(~ing lt~ violation ~cunvt~ and u~m an ~tvnati~ detet~tination I~ the majority, a special meeting shah be scheduled within thh~ (30) &~s for a heatgtg on the cha~e. Altet, tati~ly, a member charged by a member of the public with conduct constituting gn~um~* for fi~'au~v ~hiMher o~ce shah be entitled to a public' heat'ing on demamt Notice of such hearing shall be.published in one (1) or more newspapet;v {~generai circulation in the ci~ at least one (!) week in a~ance of the hearing. Decah>ns made by the city council under this secaon shah be subject to ~vview by the courts. The Committee Chairman presented the Charter Committee's recommendation. Ruth Sullivan objected to the proposed amendment. It was the consensus of City Council to proceed with the proposed amendment. TAPE II - SIDE I (8:32 p,m.) Proposed Amendment tt9; Amend Sectlon 2.12(a) to change manner of calling special meetings of council so all councilmemhers have equal standing. Section 2.12(a) is amended as follows: (a) Meetings. Tile city council Mtail meet regularly at lea.vt once a month at such times and place., a., the ci~ council m~ pn, sc'~be by ~solution. ,~n~cial meeting.~ ~tile ci~ council may be heM on the call of the ma~r or ~a~or or ~f th,x.e or n~e an~council membe~,. Whenever practical, each council member shah receive at least twelve (12) hours' advance notice of any special council meetbtg called lfa public em,,rgenc~ as defined under FIo~da law exis~ at l~,t ti, ye (3) an~ council membe~ or charter t~icer m~ call a special meeting n~ an ente~ge~ ...... ~,,~, ~t,~ dte ~e~ (12) hour a~ance notice requirement shah be waim'd. ~H ci~ council meet#tgs ,,hall be public meetings. except as othe~ise permitted by law. that it will read as follows: (a) Meetings. The city council shah meet regularly at iea,~t once a month at such ttmes and place~ as the city council may presctqbe by ~$oIution. Special meetings of tile city cou,cil may be hem on the call of the mayor or any council members. I~'henever practical, each council member silaH rY:cetvt, al least twelve (I 2} hours'advance notice of arty .vpecial council meeting called Ifa public emergem,T as defined und,,r Florida law exists arty council member or citarter officer may call a DRAFT City Council Meeting September 29, 1999 Page Ten special meeting, and the twelve (12) hour advance notice requirement shall be waived. ,4Il city council meetings shall be public meetings, except as otherwise permitted by law. The Committee Chairman presented the Charter Committee's recommendation. It was the consensus of City Council to proceed with the proposed amendment. ~'rOl~osed Amendment #10: Amend Section 2.16(a) allowing st:~nding committees guidelines to be setup pursuant to ordinance as well as resolution. Section 2.16(a) is amended as follows: (a) &anding committees mav be appointed by the city council. The membe~:~hiI,, powers and duties of such commit, tees Mtall be provided by the resolulion or_ordinance of the citv council. .~ that it will read as follows: (a) Standing committees may be at¥~ointed bv the city council. The membership, powe~;, and thtties of such commtttees shall be provided bv the resolutio, or ordinance ~the ctty cou,cd. The Committee Chairman presented the Charter Committee's recommendation. it was the consensus of Cit3' Council to proceed with the proposed amendment. ~'oposed Amendment #11; Amend Section 3,03(a) to provide for removal of charter officers without cause if pursuant to contract. ,¥eaion $.03(a) Lv amended as follaws: (a) At'tV Cttaner o~cer mav be removt, d fi~m oj~ce for cause, or withottt cause purs~La~.t to the terms of an employment qg.reem,~nt~ bv a majority vote of the entire city a>uncii. ,~ that it will read as jbllows: (a) .~ny Charter o.~cer may be removed frt, m of.~ce for cause, or without cause pursuant to the tea?ns of an emph~vment agreement, bv a majority vote of the entire ci~, council. The Committee Chairman presented the Charter Committee's recommendation. Ruth Sullivan Ruth Sullivan expressed concern for charter of~cers being removed without cause if they have no contract and the City Attorney responded only those with contracts can be removed without cause. 10 City Council Workshop September 29, 1999 Page Eleven It was the consensus of City Council to proceed with the proposed amendment. Mayor lqeuberger called recess at 8:45 p.m. and reconvened the meeting at 8:55 p.m. All members were present. Prol~O~e~l Amendment #12: Amend Section 3.03(b) to set standards for vote to charge charter officers with cause for removal. Se 'ction 3. 03(b) is amended as follows: (b) In the event that one or more council members believes that cause exists for the removal ofa Charter officer, such council memhet~ shall present written charges to the entire city council at a regularly scheduled meeting for discussion. The ciW council may, by a vote at least three ($) council members that_.~aLt.~.r, ge wauj. d_~.if.I~.roven~ constitute a violation and that a reasonable basis exists for believing the violation occurred, fi~r~n~ta_t_~ charge the named Charter officer with maconduct and immediately suspend such Charter officer form q~ice. Notice of the suspension and the specific charges of misconduct shall be served upon tile affected Charter oj~cer itt person or by certified or registered mail, t~eturn receipt requested, to the last known a~htress of the affected Charter o.~/icer. 7'he suspended Chatter offcer shall have the right to a hearing before the City Council upon request. The suspended Charter officer shall be given a reasonable period of time in order ta prepare for such hearing..4t the conclusion of the heat~ng, lite suspended Chatter t~t.~r shall be tx~lnowM if the City Council jinds, by a vole of at letLvt three (3) council membem that cause exists to support such t~emoval, bt th,? event that at least three (3) councd member~ do not find that cause exists for removal, the suspended (?barter o.~cer shall be immediately reinstatt, d to his or her Charter of_rice. ,om that it will read as follows: (b) In the event that one or more council members believes that cause exist~ for the removal afc Charter oJ~cer, such council m~mbers shall present written charges to the entire city council at a regularly scheduled meeting for di.~'cussion. The city council may, by a vote at least three (3) council members that said charge, wouM, if pntvt, n. constitute a violation and that a rea~onable basi.~ exists for believing the violation occurred, formally charge the named Charter oJ~cer with misconduct and immediately suspend ~uch Charter officer form office. Natice of the .~usl,ension and tile specific charges of misconduct stJall be served upon tile affected Charter ojJ~cer itl person or by certified or registered mail, t~'turn receipt requested, to lite ktst known address of the affected Charter t~cer. The m~spended Chartt, r o.~cer sitall ht~ve tile right to a hearing befon: the City Council upon request. The suspended CIlarter oJ~cer Mlall be given a reasonable period of time itt order to prepare for such hearing. At the conclusion of the hearing, tile suspe~Med Cha~er oj~cer shall be removed if the City Council finds, by a vote of at lea.~t three (3} council members that cause exists to support such removal. Itl the event that at least three (.~) council members do not find that cause exists for removal, tile suspended Charter ¢~ficer shall be intntediately reinstated lo ha or her ¢.:harter The Committee Chairman presented the Charter Committee's recommendation. It was the consensus of City Council to proceed with the proposed amendment. 11 City Council Workshop September 29, 1999 Page Twelve DRAFT Proposed Aj~ndment #13: Amend Section 3.04(e) to designate that the City budget be adopted by resolution. Section 3. 04(e) is amended as follows: (e) The city manager sholl oiso pn, pare attd submit the annual budget, budget message, and capital p~gntm to the city council and shall ~ep the city council fully advaed as to the financial condition and future neet~ of the city, and shah ma~ such m~Jmmer~tiorm to tt&' ci~ ~m~il ~ncemting the a~im t~tl~ ci~ as he deems desin~ble. The Gity council shall ado~t the atmuol budget ~nd ~pitol ~granh as I,~e~t g~.l~t~ct~_~'~t~ a~l. otlopt the 6'i~ millq~'ate by orclinance. ,~o that it will read as folh~ws: (e) The ciO, manager shall aL~o prepare arM submit the atmual budget, budget me.,.,age, and capital pt~gram to the ciO? council and shall keep t]te city aouncii fully advised os to tlte finant:ial condithm and future needs of the city, and shall make such reoommendations to the ciO' com~cii concet?ting the affaim of the ciO~ as he deems desirable. Thc city council shall adapt, the annual budget and capital program, as presented or a.v modified, by resolution and adopt the.¢iO~.t,.i![agq.~atgt.by.¢~rd[nq~w...e The City Attorney noted that the millage can be adopted by resolution; and the Committee Chairman presented the recommendation. It was the consensus of City Council to proceed with this proposed amendment as revised by the City Attorney relative to adoption of the millage. Proposed Amendment #14: Amend Section 3.09(a) to delete reference to city attorney as legal advisor to mayor to reflect, change to manager/council form of government. Section 3. 09(a) is amended as follows: (a) Thetv shall be a city attorney of the city who shall serve as chief legal advisor to the city council, the may~vr and all city a~:pat:tment~, ¢~ces attd agencies, shall repre.~'ent the city in all legal pn~ceedings and shall per. fi;mn any other duties pt~scribed this Charter ar by ordimmee. ,~o that it will read as follows: (a} There shall be a city attorm'y of the city who shall serve as chief legal advisor to the city council anti ail city departments, (~ces and agencies, shall nT~resent the cio' in all legai proceedings and shall perfann any other duties prescribed by this Charter or by ordinance. The Committee Chairman presented the recommendation. Ruth Sullivan objected to cutting out the Mayor. It was explained that there was no intent to limit access to 12 City Council Workshop September 29, 1999 Page Thirteen DRAFT the City Attorney for any member of City Council. Following some discussion, it was the consensus of City Council to strike the proposed amendment to reduce the number of questions on the ballot. Proposed Amendment gl 5: Delete Section 3.09(c) to remove specific provision that council set compensation for city attorney. Section 3. 09(c) i.~ deleted: The aity'ctttt~t?~ey shall tx-~reiw,~tt~tt compe,.nttiott a.~ may be dete~?,ined by tim city The Committee Chairman presented the Committee's recommendation. It was the consensus of City Council to strike the amendment to reduce the number of questions on the ballot. Proposed Amendment #1_61 Amend Section 4.02(b) to adopt election filing fees set by law instead of by council resolution. Section 4. 02(b) is amended as follows: (b) The tntth set forth in .vul~,ection (a) shall be filed with the ci~ clerk at lea.~'t ~)t't~w, (45} d~s, but no more than sixty (60) day.~, prior to the day of the elecaon, along with payment of a non-n~mdable filing fee os pnwided b~ law set by the~h~on of the ei~ cou,cil, ~m time a, time. that it will tvad as follows: (b) The oath set forth itt sub.tectian (a) shall be filed with the city clerk at leastj})rty-fiwo (4.5) dqy.,, hut no mom titan .,ixty (60) day, t, prior to the day of the ejection, along with payment of a non-refumtable filing fee tls pt~gvided by law. The City Attom~ read the proposed amendment; and the Committee Chairman presented the recommendation. The City Clerk noted that the $25 qualifying fee is set out in the Code of Ordinances. It was the consensus of City Council to proceed with this proposed amendment. 13 City Council Workshop September 29, 1999 Page Fourteen DRAFT Proposed Amendment # 17: Amend Section 4.08(a) to change make up of elections canvassing board to include city' attorney. Section 4.08(a) is amended as follows: (a) If the city is not holding its election as a part ~the eh:ction for Indian River County, Florida, the city clerk shall appoint a ctO~ canvassing board to be composed of three (3) individuals; one (!) member shall be the city clerk, one (V member,shall ci~ attorney, and the remain#rog ~.,. (2-,) membet:~ shall he appo#mted by time city cleric The city clerk shah act as chairperson of the city canvassing board. So that it will read as follows: (nj If the city is not hohling it., election as a part o_f the election jbr i,mdian River County. Florida, the city clerk shah appoint a city canvavsing board to be composed of lhree (3) individuals; one (I) member shall be the city clerk, one (I) member'shaH be time city attorney; and the remai.ing member shah be appoi.ted by the city clerk. Time city clerk shah act tx~ chairperson of the ciO' canvassing hoat~i. The Committee Chairman presented the Committee's recommendation. It was the consensus of City Council to proceed with this proposed amendment. Proposed Am¢~ldment3q8: Amend Section 4.12(b) to require a run-off to decide ties for council elections instead of drawing lots. Section 4.12(b) is amended as follows: In time event that at aro, electio, the,v arv two (2) or mo,v candidates for the same o~ce and they shouM receive the same number of votes, the que.~tion shah be decided by a special ntn-off eh, ction be~een the ~d candidates to be hem no later than thi~ (30) da~ ~fier the ~.vults t~the initial election a~ declared b~ city council ~, ~,n~ by the ci~n#~it ~t tt~ ittee6~ of ttm ci~ tmM fln ti~ put ~>Je of ~t~ssit~g the t~tU.lS of the el~t~n, and tim t~Ju~s the~tof st~:it b~ eettf~dfn ~e mhmtez of ~c~ mee~ng by the ci~ clet~ that it will read as follows: In the event that at army election there arv two (2) or mort, camfidates for the same office and they should receive the same number of votes, the question shah be decided by a .special run-off election between the tied candidates to be hem no later than thirty 00} days after the results of the #~itial election are declared by city council. The Committee Chairman presented thc Committee's recommendation. It was the consensus of City Council to proceed with this proposed amendment. 14 City Council Workshop September 29, 1999 Page FiReen DRAFT P~:opo~¢d Amendment gl 9'. Amend Section 4.13 to make violation of state election code a basis for disqualification and providing procedures for such action. Section 4.13 is amended as follows: 3fo candidate st~ll pronti.~v a~O, ~m~ney, ojfwe, emptoymerrt, o~ other thing of value t~ .vecutv hi.~teJ ete~t~n; or give anythi,g of value to bn4ivMu~l vott~.~ for thy int~ln~,~e of .n.~.uring their w, tt, w violate the provisions of the Florida Election Code, Florida ~tat~tes Ch~tp. ter 104~ a~ now ¢.~a.~tit_uted or as..a_mended itt the future..d violation of any of these provisions shall di. vqualify such ca~gJidate from holding oj~ce, if elected, and the pet~on tvceivittg the majority of the votes cast, observing the foregoing conditions, shall be entitl,,d to the office. ,~ny sitting member ¢~c?uncil or cantlidate tltetx'fr>tv t~.!cO,Jile a written charge with the city clerk. £rior to opening of the meeting, in which the eh, etlon ~sultv ore. tleclared, that specifit's an alleged violation of this provi.vion by a candidate having been~ elected. The ci~ council must vote whether.,aid chat~ge wou[d i~pt~ven, con.vtit, te_g...viplation atut whether a~re.~.y, pria31~, ba, i~ exists for believing the violation occmrett, am! uI~on an a~t?notiwtl£,t.~.w_Li!!.ation hy tl.tg ~tajoriO,. a special melting ~hall b~ $~tteduled within t[~?~ ($OJ days for a hearing on th¢~!~.a.~e i,, which the procedures of ,~;ection Z O~ ap~l.~ Upon tt finding by a majority vot¢.q_f the whole council that a ~4 violation of any of these provisiottv occupy'ed, such gj~!uling shall disqualify .~uch ctxndidate from holding t~fice, OC etegted;, and the person receiving the majoriO~ of the votes cast, observing the.foregoing conditio~ts, shall be entitled to the office. .~o that it will read a. v follows: 1~[o catglidate violate the provi, vioav of the i;iori&t F. lection C~nle, FloritIo .b'tatues Chapter 104, as now constituted o~ try amended in du~ future. A violation of any of these provaions .v]tall disqualify such candidate from holding office, if elected, and the person tv~ceiving the majority of the votes cast, obsetv#'tg the ~)~rgoing conditions, shall be entitled to the office. Any sitting member of council or candidate thovfotv mayfile a written charge with the city clerk, prior to opening of the meeting in which the election tv. suit, are declared, that specifies an alleged violation of this provi.vion by a candidate having been elected. The city council mu.vt vote whether.void charge would, if proven, constitute a violation and whether a reasonable basis exi.vts for believing the violation ¢~t:urrev~ and up~m an aj~t~tative detet?nination by the majority, a special meeting shall be zcheduled within thirty 00) days for a hearing on the charge in which the procedures of Section 2. 09 apply. Upon a finding by a majority vote of the whole council that a violation of any of lhese pmvision.v occur~vd, such a finding shall disqualif~ such candidate from holding office, and the person receiving the majority. The City Attorney explained FS Chapter 104 violations. The Committee Chairman presented the Committee's recommendation. It was the consensus of City Council to proceed with this proposed amendment. 15 City Council Workshop September 29, 1999 Page Sixteen DRAFT Pr01~0~0~l Amenll~n0nt #20: Amend Section 4.14 to provide that city manager, then city attorney, succeed city clerk as official responsible for appointing interim government, instead of mayor and police chief making such appointments. Section 4.14 is amended as follows': Should a condition arise where there shouM be no ciO~ council serving, either through death, resignation or othet'wi,~e, in the interim until a special election can be called to fili such vacancies. Ihe oily clt, rk shall have tile power to fill the vat:ancie.~ until successors are electec( and such city council so appointed shall call a special election a~ p~v~vided by this Charter. In the event of the inabiliO~ or refusal of the city clerk to serve itt such capocily or toff# such vacancies, within five (5) days after such condition ar~es, the ciO, manager rayon'Ir shall do so. In tile event of the inability or refusal of the c. iO~ manager mreyor to act within twenty- fi)ur (24) hours, the ci~ attorney ~hief of .poli~e shall do that it will read as fi~llows: ShouM a condition arise whetv there shouM be no city council serving, either through death, resignation or otherwise, in the integra unal a speciM election can be called toff# such vacmtcies, the ci~ clerk shall have the power to fiH the vacancies until su~e.~o~ a~ electe& and such city council so appointed shah call a special election as p~vided by this Charier. In the event of the it~bili~ or Iv~sal of the ci~ cle~ to se~e in such capacity or to fiH such vacancies, within fi~ (5) days after such condinon a~es, t~' ci~ manager shall do so. in the e~'nt t~ the inability or tx~sal ~ tlle city tnanager to aa within ~enty-~ur (24} hours, the ci~ atlo~tey MlaH do so. Thc Committee Chairman presented the Committee's recommendation. TAPE 11- SIDE II (9:30 pm.) It was the consensus of City Council to proceed with this proposed amendment, Propo~l Amcn. sJme,.nt #21; Delete Sections 6.02 and 6.03 to remove obsolete provisions for transition to current charter. Set, lion 6. 02 is deleted: Fhe-oblilo~timt~. &bt,, cmlt~ta, ta. cet~ifwates of indebtnb~ss, h~m~,, it~lu,fing obli~th~lu helt~ issu~ al any t~,v~fl~t~ ~t,~, ~1 imp~vmo~ ~f the ci~ sl~H I~t be infiniti, affee~r ~Med by the ~¥~t~n of~.rCtn~,tel, but stadl ~s a~ m~ ~ btmting on the ci~ ~, e~d ]~lvhy. ~ull]n:t, 1~ ~lt~ in the courts of the s~te~ ~he f~4en~bgo~e 1nine ~ a~b~thin Ct~1, a~dthe ci~ hereb) a~tedztmll at--ced in aH a.~pccts in aHz~h ~th~ ~;tl~the neeesni~ofany ~d p~ce~Jing~ ~ the aity. Section ~.~!is deleted: ~ubject t~ specific cotMitimu a~ntained he~vin or auttn>,ity to c,tate by oniina,tce sp~cifn: un~lditions, nll offices arm employees het~tofo)~ ¢ieatevt,,)d al)pointed stn~ll o~ntinue t~v 11mgl thvit tv.~i,egtive offrces am~ di.~:hm~,,e. ~he i~pective chttie$ the1 eof mwler the city t~hy c~tevl until their z-tt,,~-es.~ols an: clcctc'd, appointevl-nnd qtmlifn.~.i rt,trlct the p,~)vah?,t.~ o.f tha C. halter or otvtina,ces hr,,fully e,taate&. 16 City Council Workshop September 29, 1999 Page Seventeen DRAFT The City Attorney noted correction to the number 6.03; and the Committee Chairman presented the Committee's recommendation. It was the consensus of City Council to proceed with this proposed amendment. Chairman McCollum stated a member of the public had requested to be allowed to address a matter not addressed in these proposed amendments; and Mayor Neuberger said he did not think Council needed to address anything not presented tonight. Mr. McCollum requested that Council direct the City Attorney to draft the ordinances necessary to adopt these amendments for placement on the ballot in March. Charter Committee member, Louise Cattwfight requested City Council to reconsider amendments 14 & 15 since they are merely clean up items. Discussion followed on methods to reach as many citizens as possible. Mr. Bishop recommended a mass mail out explaining each amendment. The Committee Chairman suggested use of Falcon Cable Channel 35; and the City Attorney noted that the committee will have a final meeting following adoption of the ordinances at which the they will discuss education methods. Amendments 14 and 15 were reconsidered and it was again the consensus of Council (3~ 1 with Bishop opposing) to strike those amendments. Mayor Neuberger adjourned the Regular Meeting at 9:45 p.m. Approved at the ,1999, Regular City Council Meeting. Chuck Neuberger Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 17 SEBASTIAN CITY COUNCIL WORKSHOP AGENDA WEDNESDAY, SEPTEMBER 29, 1999 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. WORK~iH.QP ITEMS 99.005 A. Review Recommended Charter Revisions and Direct StaffAccordingly (9~9/99Agenda ~ Pacltets - Please Bring to Workshop) 5. ADJOURN ANY PEP~ON IYHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL IglTH RESPECT TO ANY MATTER CONSIDERED AT THIS btEETING (OR HF_./LRING) Igll__,L NEED A RECORD OF THE PROCRF~DINGS AND M~Y NEED TO ENSURE THAT,4 FERBATIM RECORD OF THE PROCRRDINGS 1S MADE, tFHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WT-1ICH THE APPEAL IS TO BE HF_.ARD. (2860105F. S.) IN COMPI_~NCE ~Y1TH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WttO NEEDS,4 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 Council Chambers for all Government Meetings. ~12coming Mgetings · SpecialMeeting- 14Zednesday, 10/6/99- 7pm RegularMeeting- Wednesday, 10/13/99- 7pm ° RegularMeeting- Wednesday, 10/27/99- 7pm