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Home My WebLink About03181996 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 AGENDA SEBASTiAN CiTY COUNCIL SPECiAL MEETING MONDAY, MARCH 18,1996 - 5:00 P.M. CiTY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL .4 GENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK- 1225 MAIN STREET, SEBASTIAN, FLORIDA No public input is allowed at a Special unless provided for in the meeting call (in accordance with R-95-33) PURPOSE: In Accordance with the Charter of the City of Sebastian: Adoption of Resolution No. R-96-30 Certificate of/b 1) 2) 3) 4) Canvassing Board investiture of Newly Elected City Council Members Election of Mayor Election of Vice Mayor 1. CALL TO ORDER 2. ROLL CALL old ELECTION MATTERS RESOLUTION NO. R-96-30 - Certificate of Canvassing Board (City Clerk Transmittal, R-96-30, Charter Sections) 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. B. Investiture of Newly Elected Officials by City Clerk C. Appointment of Mayor D. Appointment of Vice Mayor 4. ADJOURN ANY PERSON WHO DECIDES TO APPF_ML ANY DECISIONMADE BY THE CITY COUNCIL WlrH RESPECT TO ANY MATTER CONSIDERED Ar THIS MEETING (OR HEXING) 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 ZtF,4RD. (256.0105 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. § 2.04 SEBASTIAN CODE Sec. 2.04. Terns. (a) The terms of the council members shall be for two (2) years, or until a successor has been duly elected or appointed and sworn. (b) 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 city council meeting is to be held the Monday fol- lowing the election, the newly elected officials shall be sworn in at the conclusion of such regular meeting. (Ord. No. O-91-29, § 1, 1-8-92; Ord. No. 0-93-03, § 4, 1-27-93) Sec. 2.05. Compensation. The salary of 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 dollars ($400.00); (2) Vice-mayor: Two hundred fifty dollars ($250.00); and (3) Counci! members: One hundred fifty dollars ($150.00). (Res. No. R-82-22, 9-8-82; Res. No. R-87-04, § VI, 2-4-87; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-93-02, § 1, 1-27-93) Sec. 2.06. Mayor; vice-mayor. (a) Mayor-Selection and term. Commencing March 1994, 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 i~mmbm'r~rmy~r or in his or her absence, ~e~m~-re~ or in his or her absence, t nior m of' c'l, 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 member that receives a majority vote shall be elected mayor. In the event no council member receives a majority of the votes cast on the first ballot, balloting with sequential roll calls shall continue 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 ,~-~"a ~==:~_ , ~,, the nominee shall be seated as mayor. (b) Mayor-Duties, general. The mayor shall preside at each meeting of the city council, shall have a vote upon matters before the city council, but shall not possess a veto power. The Supp. No. 2 CHT:10 orcs¢.~ these resol~tio.s to'the Island to urge upon them prompt matter. ral rule no member can make two ~ time except by general consent. combine the motion to suspend the ;he motion for whose adoption it and the motion to reconsider a nd its amendments; and a member .~ resolution and at the same time Lke it a special order {or a specified tcling Motions. As a general the exceptions given below, every bein consumea tn little attention ~s para ,u ms. Where the chair is certain the ~eets with general [avor, and yet are slow about seconding it, he may ~ithout waiting for a second. Yet, may make a point of order that the tas not been seconded, and then the obliged to proceed formally and call: :ond. The better way when a once seconded, is for the chair to motion seconded?" In a very chair should repeat the motion [or a second in order that all may , motion has been made no other in order until the chair has stated § 5] s co m a 37 question on this motion, or has declared, after a reasonable opportunity has been given for at second, that the motion has not been ,qeconded, or has ruled it out of order. Except in very small assemblies the chair cannot assume that members know what the motion is and that it has not been seconded, unless he states the facts. A motion is seconded by a member's saying, "I second the motion," or "I second it," which he does without obtaining the floor, and in small assemblies without rising. In large as- semblies, and especially where non-members are scattered throughout the assembly, mem- bers should rise, and without waiting for rec- ognition, say, "Mr. Chairman, I second the motion." E~rception~. The following do not require a second :* Question of Privile!le, to raise a ............. 19 Questions of Order ........................ 21 Objection to the Consideration of a Ques- tion ..................................... 25 Call for Orders of the Day ................ 20 Call for Division of the Question (under cer- tain circumstances) ...................... 24 Call for Division of the Assembly (.in votin!l) 25 Call up Motion to Reconsider .............. 36 Fillln!l Blanks .............................. 33 Nominations .............................. 33 Leave to Pb'ithdraw a Motion ............... 9.7 lnq~tiries of any kind ....................... 27 Congress motions are not required to be seconded. City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 CITY COUNCIL AGENDA TRANSMITTAL SUBjECT: 3/12/96 Election Matters l) Resolution No. R-96-30 2) Investiture of Elected Officials 3) Election of Mayor 4) Election of Vice Mayor AGENDA NO: DEPT. ORIGIN: DATE SUBMITTED: MEETING DATE: City. Clerk 3/18/96 APPROVED FOR SUBMITTAL: City Manager: EXHIBITS: R-96-30 w/Exhibit IExpenditure Required: IAmount Budgeted: Appropriation Required: 1) Resolution No. R-96-30 Summary. Statement: 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." Recommended Action: Adoption of Resolution No. R-96-30, certificate of canvassing board, by the current City Council. 2) Investiture of Newly Elected Officials 3) Summary. Statement: In accordance with Section 2.04(b) of the City Charter, "The term of each newly elected council member shall beg~n on the Monday following the election, at a special meeting of the city council to be heM for the purpose of swearing in such newly elected officials. Ifa regular meeting is to be hem the Monday following the election, the newly elected officials shall be sworn m at the conclusion of such regular 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." Recommended Action: The City Clerk will swear in newly elected officials who will take their places at the dais. Election of Mayor Summary. Statement: 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 form 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 member that receives a majority of the votes cast on the first ballot, balloting with sequential roll calls shall continue 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." Recommended Action: The senior member of Council shall ask for nominations for Mayor. The City Clerk will then call the roll on each nominee and each Council member shall vote in the affmnative for the nominee of his/her choice. When a majority is received, that person shall be elected Mayor. Election of Vice Mayor Summary Statement: In accordance with Section 2.06(c), "At thefirst 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." Recommended Action: The newly elected Mayor shall ask for nominations for Vice-Mayor. The City Clerk will then call the roll on each nominee and each Council member should vote in the afYmnative for the nominee of his/her choice. When a majority is received, that person shall be elected Vice-Mayor. RESOLUTION NO. ~ 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, at its January 24, 1996 Regular Meeting, adopted Ordinance Nos. 0-96-03, 0-96-04 and 0-96-05 placing referendum questions to amend the City Charter on the March 12, 1996 ballot; and WHEREAS, the Mayor of the City of Sebastian, pursuant to Section 4.05 of the City Charter, issued a Proclamation on January 24, 1996, calling a general election on March 12, 1996, for the purpose of selecting two (2) City Council members and placing three referendum questions on the ballot; and WltEREAS, the City Council of the City of Sebastian, pursuant to Section 4.07 of the City Charter, adopted Resolution No. K-96-06 on January 24, 1996, 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, pursuant to Section 4.08 of the City Charter, the Supervisor of Elections for Indian River County has appointed a Canvassing Board and said Canvassing Board shall certify to the City Council the results of the voting at each polling place as well as the results of any absentee votes cast; and WHEREAS, the City Clerk of the City of Sebastian, pursuant to Section 100.021 of the Florida Statutes, has caused to be published notice of the general election on December 15 and 29, 1995, in the Vero Beach Press Journal, a newspaper of general circulation; and WHEREAS, the City Clerk of the City of Sebastian, pursuant to Section 100.342 of the Florida Statutes, has caused to be published notice of three referendum questions to amend the City Charter on February 5 and 19, 1996; and WFiEREAS,the City Clerk has posted notice of the general election on the official announcement board located at City Hall; and WltEREAS, Precincts 12, 14, 15 and 16 of the City of Sebastian, Indian River County, Florida, held a general election on March 12, 1996; and WltEREAS, the Canvassing Board has verified said returns and has found the same in proper form. NOW, TltEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TItE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. DECLARATION. The City Council of the City of Sebastian, Indian River County, Florida, hereby accepts the returns provided by the Canvassing Board for the general election, held on March 12, 1996, m Precincts 12, 14, 15, and 16 of the City of Sebastian, as attached hereto as Exhibit "A". SECTION 2. RECORDING. The City Clerk is hereby directed to enter the results of the general election in the official minutes of the City Council meeting during which this Resolution is adopted. SECTION 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 4. EFFECTIVE DATE. This resolution shall take effect immediately upon its passage. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Arthur Firtion Vice Mayor Carolyn Corem Councilmember Louise Cartwright Councilmember Norma Damp Councilmember Raymond Halloran The Mayor day of thereupon declared ~ 1996. ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney this Resolution duly passed and adopted this CITY OF SEBASTIAN, FLORIDA By:. Arthur L. Firtion Mayor 4 CERTIFICATE OF CANVASSING BOARD CITY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA We, the undersigned, James B. Balsiqer, County Judge, Ann Robinson, Supervisor of Elections, and Fran B. 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 in the office of the Supervisor of Elections on the 12th Day of March, A.D., 1996, and proceeded to publicly canvass the votes given for the offices herein specified at the Presidential Preference Primary Election held on the 12th Day of March, A.D., 1996, as shown by the returns on file in the office of the Supervisor of Elections. We do hereby certify from said returns as follows: CITY OF SEBASTIAN For City Council Member, the whole number of votes cast was l"TV~", of which number (VOTE FOR TWO) WALTER W. BARNES received ~ VOTES LARRY L. DRIVER received ~ 0_ ~ VOTES ARTHUR FIRTION received ~_~.~' _ VOTES ROBERT PRUITT, JR. received /j 0S ~l ,, VOTES RICHARD J. TARACKA received 2 ~ ] ~) (~ VOTES Please note that the reason for the referendum numbering beginning with 3 is that Ordinance Nos, O-96-01 and 0-96~02, which would have approved questions 1 and 2, failed on second reading. CITY OF SEBASTIAN (continued) CITY OF SEBASTIAN (continued) Referendum No: 3: APPOINTMENT OF CITY CLERK BY CITY MANAGER Shall the City of Sebastian amend the City Charter to provide that the city manager have the authority to appoint the city clerk and the authority to remove the city clerk with the consent of the city council, and that tt~e city manager shall have the authority to appoint the city election canvassing board, and to conform remaining provisions with the amendments? YES FOR APPROVAL NO FOR REJECTION received ~ / ~ VOTES received 2-Z//O VOTES Referendum No. 4: EXTENDING MAXIMUM ALLOWABLE TERM LEASES OF AIRPORT LAND TO 50 YEARS Shall the City of Sebastian amend the City Charter to extend the maximum allowable lease term for airport property from 20 years to 50 years? received ¢ ..'~? VOTES YES FOR APPROVAL NO FOR REJECTION received 2')~0¢ VOTES Referendum No. 5: PROVIDING PROCEDURES TO RESOLVE TIES IN ELECTIONS FOR OFFICE Shall the City of Sebastian amend the City Charter to provide that in the event two or more candidates for the same office receive the same number of votes, the question shall be decided by lot? YES FOR APPROVAL NO FOR REJECTION received · ¢ X./~' VOTES received 2,,3~ ~ VOTES jam~/I¢, Bal~ger, County Judge Ann Robinson, Supervisor of Elections Fran B. Adams, Chairman, Board of County Commissioners