HomeMy WebLinkAbout03201995 City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
SPECIAL MEETING
MONDAY, MARCH 20, 1995 - 7:00 EM.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CiTY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
No public input shall be allowed at. a special meeting,, other than during a scheduled public
hearing, if any, unless otherwise provided in the meettng call. (R-93-]9}
PURPOSE:
1) Adoption of Resolution No. R-95-20 -
Certificate of Canvassing Board and Receipt
of Canvassing Board Minutes
2) Investiture of Newly Elected city Council
Members
3) Election of Mayor and Vice Mayor
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
95.015
A.
R0_~_$~_LL~_/~Q~NO. ~- Approval of Certificate
of Canvassing Board by Former Council (City Clerk
Transmittal dated 3/6/95, R-95-20 w/ Certificate,
Minutes, Charter Sections 2.04, 2.06 and 4.08)
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 REPF2tL OF RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
Receipt of Canvassing Board Minutes - No Action
Required
5. ~ CIT~ ~ M A~S
Investiture of Newly Elected City Council Members
1. Louise Cartwright
2. Norma Damp
3. Raymond Halloran
B. Election of Mayor
C. Election of Vice Mayor
5. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY
COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR
HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO
~NSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY ANDEVIDENCE UPON WHICH THE APPEAL
IS TO BE HEARD. (286.0105 F.S.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA),
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD
CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS
IN ADVANCE OF THIS MEETING.
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City of Sebastian
1225 MAIN STREET D SEBASTIAN, FLORIDA 32958 ~'
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
AGENDA FORM
SUBJECT=
Special Meeting - Election
Matters
APPROVED FOR SUBMITTAL BY:
City Manager: ~/
Agenda No.
Dept. Origin
Date Submitted
For Agenda Of
City C~erk
3/6/95
3/20/95
Exhibits:
- R-95-20
- Certificate of
Canvassing Board
- Charter Sections
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED:
BUDGETED:
REQUIRED:
A special meeting will be conducted in accordance with Section
2.04(b) and 4.08(c) of the City Charter, at which time the former
City Council will receive the Certificate of the Canvassing
Board, declare the results of the election and enter them into
the minutes of the special meeting by adoption of Resolution No.
R-95-20.
Upon adoption of the resolution, the former city Council will
step down and the City Clerk will swear in newly elected City
Council members, who will take their seats on the dais.
Once seated, the new City Council, in accordance with Sections
2.06(a) and (c)/ will elect a Mayor and Vice Mayor from among its
members. The incumbent Mayor shall call for nominations and the
City Clerk shall call the roll of the Council and each Council
member shall, vote for the nominee of his/her choice. The Vice
Mayor shall be elected using the same procedure.
RECOMMENDED ACTION
Adoption of Resolution No. R-95-20 by former city Council,
investiture of newly elected City Council members and election of
Mayor and Vice Mayor.
RESOLUTION NO, ~
A RESOLUTION O, THE CITY OF SEBASTIAN, INDIAN RI~T~E~.~.
COUNTY, FLORIDA, PERTAINING TO THE MUNICIP~ ELECTION,
PROVIDING FOE CANVJ~SING OF ~LECTION RETUP~NS, PROVIDING
FOR DECLARATION OF RESULTS, DIRECTING THE CLERK TO
ENTER THE RESULTS OF THE ELECTION IN ~ OFFICIAL
MINUTES OF THE MEETING OF THE CITY COUNCIL, PROVIDING
FOR REPEAL OF RE~OLUTION, OR PART, OF RESOL~TION, IN
CONFLICT HEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE.
WHERF~S, the Mayor of the City of Sebastian, pursuant to
Section 4.05 of the City Charter, issued a Proclamation on
January 25, 1995, callin~ a general election on March 14, 1995,
for the purpose of selecting thr~e (3) City Council members; and
WaEREAS, the City Councx~ of the City of Sebastian,
pursuant to Section 4.07 of the City Charter, adopted Resolution
No. R-95-01 on Ja~u?ry 25, ~995, specifying Precincts 12, 14, 15
and 16 as the offxclal polling places for the City of Sebastian
for the general election, and naming the offices to be filled;
and
WHEREAS, the City C~erk of the City of Sebastian, pursuant
to Section 4.08 of the C~ty Charter, 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 16 and 30,
1994, in the Vero Beach Press Journal, a newspaper of general
circulation; and
¢
W~ER~AS, the City Clerk has posted notice of the genera~
election on the official announcement board located at City Hall;
and
~HEREA~, Precincts 12, 14, 15 and 16 of the City of
Sebastian, Indian River County, Florida, held a general election
on March 14, 1995; and
WHEREAS, the Canvassing Board has verified said returns and
has found the same in proper form.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
SECTION Aa DECLARATION. The City Council of the City of
Sebastian, Indian River County, Florida, hereby accepts the
returns provided by the Canvassing Board for the City of
Sebastian for the general election, held on March 14, 1995, in
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 A- EFFECTIVE DATE. This resolution shall take
effect immediately upon its passage.
The foregoing Resolution was
Councilmember
by Councilmember
a vote, the vote was as follows:
Mayor Arthur Firtion
Vice Mayor Carolyn Corum
Councilmember Norma Damp
Councilmember Robert Freeland
Councilmember Frank Oberbeck
moved for adoption by
The motion was seconded
and, upon being put to
The Mayor thereupon declared this Resolution duly passed and
adopted this day of , 1995.
ATTEST:
by:
CITY OF SEBASTIAN, FLORIDA
Arthur L. Firtion
Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SZAL)
Approved as to Form and Content:
Clifton A. McClelland
City Attorney
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EXHIBIT "A"
CERTiFICA~I'E OF CANVASSING BOARD
CITY OF SEBASTIAN
iNDIAN RIVER COUNTY, FLORIDA
We, the undersigned, members of duly constituted Board of Canvassers for the City of Sebastian,
Florida, do hereby cadffy that we met In the office of the Supervisor of ~le~ttons on the 14th Day of
March, A.D., 1995, and proceeded to publ'mly canvass the voles given for the offices hereIn
spe~fied at the General Election held on the 14th Day of Mar~h, A.D., 1995, as sl~m by the
mums on file in the office of the Supervisor of Elections. We do hereby oadlfy trom said returns as
follows:
CiTY OF SEBAS~/~I
FOR CITY COUNCIL MEMBER, THE WHOLE NUMBER OF VOTES CAST WAS ~,,~
OF WHICH NUMBER (VOTE FOR THREE)
LOUISE R. CAR'S'WRIGHT recaived /~,~' VOTES
NORMA DAMP received //~*~- VOTES
RAY HALLOJ~{AN received /~ ~ VOTES
FRANK OBERBECK ..... recatved ~"~- VOTES
HARRY THOMAS. JR ...... received ~/'~' VOTES
Canvassing Board Member
Canvassing Board Member
CanvassiD~' BOard M~mber
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City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
CITY OF SEBASTIAN
CANVASSING BOAR ,.,
TUF_3DAY, MARCH 14, 1995 - 7.00 P.M.
INDIAN RIVER COUNTY ADMINISTRATION BUILDING
VERO BEACH, FLORIDA
PRESENT:
City Canvassing Board:
Mayor Arthur Firtion
city Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
ALSO:
City Attorney, Clifton A. McClelland, Jr.
The City Canvassing Board met at the Indian River County
Administration Building, 1840 25th Street, Vero Beach,
Florida, at 7:00 p.m. to begin inspection of absentee
ballots..
Elections Official, Diana Wright, explained that when
candidate Lonnie Powell withdrew, a second set of absentee
ballots were mailed to three electors who had received
ballots previously. The second set of ballots were marked
as #2 and the Canvassing Board decided to count those marked
$2 and reject those marked $1. One of those absentee
ballots was rejected by a two to one vote for unlike
signature.
City Canvassing Board
March 8, 1994
Page Two
Of the remaining absentee ballots questioned by Elections
staff and presented to the Canvassing Board for inspection,
one was rejected by a two to one vote for unlike signatures,
one was rejected by unanimous vote for no signature and no
witness, two were rejected for no signature, and one was
accepted since only one witness address was missing.
Inspection and opening of absentee ballots concluded at
7:30 p.m.
The Canvassing Board certified to the logic and accuracy
test.
Upon completion of all precinct ballot counting, with all
ballots accounted for, the Canvassing Board certified the
election results. (see Canvassing Board Certification
attached to Resolution No. R-95-20)
Final tallying for the City of Sebastian was completed at
9:15 p.m.
Arthur L. FirtiO~, Mayor
Kathryn M. O'Malloran, City Clerk
Sally A. Maio, Deputy City Clerk
Received at the March 20, 1995, Special City Council Meeting.
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§
SEBASTIAN CODE
(a) The Umm of the council members shall be for two (2) years, or until a successor has
bee~ duly elecu~ or a~poin~ sad sworn.
(b) The term of each newly elected council member shall begin on the Monday following
the electima, 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 Mond-,y fol.
lowing the election, the newly elected offi~;,~l, shall be ~,or~ in at the conclusion of such
reg, l~, meeting.
{Orcl. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-D841~, § 4, 1-27-93)
Sec. 2,05. Compensation.
The salary of the mayor, vice-nmyor and each of the other council members shall be paid
the foll,,,,ing ,,,~ounts on a monthly basis:
(1) Mayor:. Fora' hundred dollars (8400.00);
(2) ~-~ce-rr~yo~. Two hundred fifty dollm-s ($250.00); sad
(3) Co~m~_.~l m. en',2,e~: One hundred fifty doll,~ ($150.00).
(Res. No. 1{-82-22, 9-8-82; Res. Nc. 1{-87-04, § Vi, 2-4-8?; Ord. Nc. O-91-29, § 1, 1-8.92; Ord. No.
O-95-02, § 1,
Sec. 2.06. Mayor;, wice-mayor.
(a) Meyor-Se~on ~ ~e~ra. 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 lucre, t~e new city councU shall, as the first order of business, elect a mayor from
~ong its members. The incumbent mayor or in his or her absence, the v~ce-mayor or in his
or her absence, the sen~or member of city council, shall ask for nominations for mayor. After
all nominatio~ trove Been made, the no,~;,~ions shall be closed. The city clerk shal! then call
the roll of the council members and each council member shall cast an affmnative vote for the
council member-of their choice. The council member that receives a majority vote shall be
electc~ mayor./n the event no council member receives ~ majority of the votes cast on the first
ballot, Balloting with sequentiai roll calls shsl] continue until a council member receives a
rasjority vote. Council members shall not nominate themselves. Only elected council members
sh~ll 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 m~yor, the nominee sba]] be
seated as mayor.
('b) ,N'.fc~yor-D~es, ;e~e~2. 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. ~ CHT:I 0
C~~ § 2.0~
mayor shall trove the power to preserve peace and order, be recogn/zed as the head o~ the city
governmmt for ail ceremony] purposes, and shall be reco~ by the governor as the head
of the city gvvernment for purposes of m/1/ta~ law. The mayor shall s/ga al3 contract.s, bonds,
debentures, franch/ses and official documents o~ behalf of the cit~y as directed and authorized
by the city council, w~ ~xn.H ~ be at~ed by the c/ty clerk.
lc) tr~ze-mayor-$e/ect/on oad ~,~m. At the first re~larly scheduled dty council meeting
subsequent to the second Tuesday/n March, the dry council shall elect a vice-mayor from
among its members. The term of the vice-mayor shall be for one year or untiJ his or bet
successor/s electe& The vice-mayor shall be elected us/rig the same procedure as for the
election of msyor.
id) Vu:e-n~yor-D~i~, ler~eml. In the absence or disability of the mayor, the vice-mayor
shall serve as vnnyor during such absence or disability. In the absence or disability of bot~ the
mayor and vic~m~yor, the senior member of city council shall serve as mayor during such
(Ord. No. O-91-30, § 1, ].-8-92; Ord. No. 0.93-05, § 5, 1-27-93)
Sec. 2.07. General powers and dufie.~
All powers of the city shall be vested/n the city council, except as otherwise provided by
law or th/s Charter, and the city council shall provide for the exercise thereof and for the
performance of all duties and obl/gations imposed on the city by law.
(Ord. No. 0-91-29, § 1, 1-8-92)
Sec. 2.08. Vacancies; forfeiture of office; ftIli,,l~ of vaoaneier.
(a) Vac~c/~. The office of cotmcil member or the mayor shall become vacant upon his/her
death, resignation, removal from office in any manner authorized by law or forfeiture of
his/her office.
lb) Fo~ei~re ofo~fce. A council member or the mayor shall forfeit Ms/her office ff he/she:
(1) Lacks at any time during his/her term of office any qualification for the office pre-
scr~ed by this Chs_,~er or by law;
(2) Violates any express prohibition of this Charter;
(3) Is convicted of a crime involving moral turpitude; or
(4) Fails to attend three (3) consecutive regular meetings of the city council w/thout being
excused by the city. counc/1. "
(c) FiHir~g vac, r~cie-~. In the event of a vacancy in the office of a council member, the city
coun~l shall appoint a person having the qualifications of council member to occupy such
office until the e~rlier 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 elec-
Supp. No, ~
CHT:ll
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CHARTER
§ 4.0~
Sec- 4.05. C"11h"~ an election b~ resolution.
Al1 elections shall be called by proclamation of the mayor issued not less than ~jfirt), (30)
days b~fore such elect/on and sh~ll be conducted except as otherwise specifically provided,
under the provisions of the general elec~Aon laws of the state, when not inconsistent with the
prvvisions of ~hi~ Charter. Should the mayor fail or refuse to call any election in due time, the
cit), council shall do so by resolution.
Sec. 4.06. Reserved.
F. Aitor's note-Sea/on 4.06, pertaining to election prec~m and polling pla~s and the
right for the city to designate _~e, der/red from Ord. No. 0-91-29, § 1, adopted January 8,
1992. Orck No. 0-93-04, § ~, adopted January 27, 199~, repealed this section in its entirety.
Sec. 4.0T. Elections-How arranged; inspectors and clerks.
The city council, in conjunct/on with the city clerk, shall make all necessary arrangements
for holding all elty elections and shall declare the results thereof. The city cound] shall adopt
a resolution, upon the calling of an election, sating therein where the election shall be held,
and n-v-~g the different offices to be frilled, or questions ~o be decided, and shall cause the
not/ce of the elect/on to be pub]/shed in accordance with Florida law.
(Ord.' No. 0-91-29, § 1, 1-8-92; Ord. No. 0.93-04, § 4, 1-27-93)
Sec~ 4.08. S-me-City canvassing board; canvass of election returns.
(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 ~hree (3)
individuals; one (1) member shall be the city clerk and the remaining two (2) members shall
be appointed by the city clerk The city clerk shE] act as chairperson of the city canvassing
boa~cL
Co) When a city canvassing board has been constituted, the city canvassing board shall
meet at a place e.~d time designated by the chairperson, as soon as practicable after the close
of the polls of any municipal election involving the city, at which time, the city canvassing
board shall proceed to publialy c~nv~s the absentee electors' ballots and then publicly canvass
the vote as shown by the returns then on file in the office of the supervisor of elections for
Indian R/ver County, Florida. The city canvassing board shall prepare and sign a certificate
cont~dning the total number of votes cast for each person or other measure voted on. The
certificate shall be placed .on file with the city clerk.
(c) The city council shall hold a special meet/ng on the first Monday following the election
for the purpose o£ receiving the certificate of the county canvassing board o£ 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. Any oath of office required to be administered to the newly elected council members
Supp. Nc. 2
CHT:19
§ 4.08 SEBASTI;,iB:
CODE
shall be admin/stered at such special cit~ council meeting or at the next city council meeting
where the newly el~ council members are in a~,enclance.
(Or~ No. 0-93-0~, § 5, ~-27-93).
Sec. 4.09. Same--Ballots.
The ballots shall conform to the form of ballots prescribed by the general election laws of
the State of Florida.
(Ord. No. 0-93-04, § 6, 1-27-93)
Sec. 4.10. Voti~
The city is hereby authorized ~o use votin~ machines in the holding of all city elections,
Stale law reference--Elec~o,~ic ~ ~ act, Ir.S. § 101.5601 et seq.
Sec. 4.11. Absemtee voting.
Absentee voting shall be permitted i~ all mimic/pal elections in the same manner as now,
or hereafter provided for in connection with state and county elections.
State law reference-Absentee balloti~, F.S. § 101.62 et seq.
Sec. 4.12. Election procedures; tie vot~
(a) In all general or special elections, the candidates receiving the highest vote in each of
the offices of coundl member to be filled, shall be elected for t~vo-year terms, or the balance of
the term.
in) In the event that at any election there are only two (2) candidates for the same office
and they should receive the same number of votes, the question shall be decided by lot,
conducted by the city council at the meeting of the c/ty held for the purpose of canvassing the
returns of the election, and the results thereof shall be certified in the minutes of such meeting
by the city clerk.
(Ord. No. 0-$4-3, § 1, 2-1-84; Ord. No. 0-88-44, § ~, 1.1~.89; Ord. No. 0.91.29, § 1, ~-8-92; Ord.
No. 0-91L04, § 7, 1.27.93)
Sec. 4.13. Conduct of candidates for election office.
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No candidate shall promise any money, office, employment, or other thing of value to
secure his/her election, or ~ive anything of value to individual voters for the purpose of
securing their votes. A violation of any of these provisions shall disqualify, such candidate from
holding the office, if elected, and the person receiving a majority of the votes cast, observing
the foregoing conditions, shall be entitled to the office.
State law references-Election violations, F. S. ch. 104; candidates, F.S. ch. 106; Code of
ethics for public officers and employees, F.S. § 112.311 et seq.
Supp. No. 2 CHT:20
City of Sebastian
1225 MAIN STREET D SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 889-5330 r~ F,~X (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
SPECIAL MEE~G
MONDAY, MARCH 20, 1995 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN TIlE OFFICE OF TIlE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
No public input shall be allowed at, a special meeting, other than. during a scheduled public
hearing, if any, unless otherwise provided in the meeting call. (R-93-]9)
PURPOSE:
1) ~doption of Resolutlon No. R-95-20 -
Certificate of Canvassing Board and Receipt
of Canvassing Board Minutes
2) Investiture of Newly Elected city Council
Members
3) Election of Mayor and Vice Mayor
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
95. 015
]~GS 1-12
ELECTiON~
A. RESOLUT~.QN No. R-95-2
of canvassing Board b'
Transmittal dated 3/61
Minutes, Charter Sectl
Receipt of Canvassing
Reguired
!
) - Approval of Certificate --
6 ¥orm~r Council (City Clerk
~95, R 95-20 w/ Certificate,
ions 2.04, 2.06 and 4.08)
ANY PERSON WHO DECIDES TO APPEAL ANY ~
COUNCIL WITH RESPECT TO ANY MATTER COB
HEARING) WILL NEED A RECORD OF THE PRO
~NSURE THAT A VERBATIM RECORD OF THE ·
RECORD INCLUDES THE TESTIMONY AND EVID
IS TO BE HEARD. (286.0105 F.S.)
IN COMPLIANCE WITH THE AMERICANS WITH
ANYONE WHO NE~DS A SPECIAL ACCOMMODATi
CONTACT THE CITY'S ADA COORDINATOR AT
IN ADVANCE OF THIS MEETING.
2
B. Election of Mayor
C. Election of Vice Mayoz
ADJOURN
Investiture of Newly
1. Louise Cartwright
2. Norma Damp
3. Raymond Halloran
5. NEW CIT~ COUNCIL
:lected City Council Members
ECISION MADE BY THE CITY
SiDERED AT THIS MEETING (OR
CEEDINGS AND MAY NEED TO
ROCEEDINGS IS MADE, WHICH
ENCE UPON WHICH THE APPEAL
DISABILITIES ACT (ADA),
DN FOR THIS MEETING SHOULD
589-5330 AT LEAST 48 HOURS
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 ~FFICIAL MINUTES OF THE M~ETING OF
THE CITY COUNCIL, PROVIDING FOR REPEAL OF RESOLUTIONS
OR PARTS OF RESOLUTIONS Il! CONFLICT HEREWITH; AND
PROVIDING FOR AN EFFECTI~ DATE. .
B. Board Minutes - No Actlon
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City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570
AGENDA FORM
Special Meeting - Election
Matters
APPROVED FOR SUBMITTAL BY:
city Manager: ~
) Agenda No.
)
) Dept. Origin
)
) Date Submitted
)
) For Agenda Of
)
)
City Clerk
3/6/95
3/20/95
Exhibits: - R-95-20
- Certificate of
Canvassing Board
- Charter Sections
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED:
BUDGETED:
REQUIRED:
$~A,RY ~
A special meeting will be conducted in accordance with Section
2.04(b) and 4.08(c) of the City Charter, at which time the former
City Council will receive the Certificate of the Canvassing
Board, declare the results of the election and enter them into
the minutes of the special meeting by adoption of Resolution No.
R-95-20.
Upon adoption of the resolution, the former City Council will
step down and the City Clerk will swear in newly elected City
Council members, who will take their seats on the dais.
Once seated, the new City Council, in accordance with Sections
2.06(a) and (c)/ will elect a Mayor and Vice Mayor from among its
members. The incumbent Mayor shall call for nominations and the
City Clerk shall call the roll of the Council and each Council
member shall vote for the nominee of his/her choice. The Vice
Mayor shall be elected using the same procedure.
RECOMMENDED ACTION
Adoption of Resolution No. R-95-20 by former City Council,
investiture of newly elected City Council members and election of
Mayor and Vice Mayor.
J
RESOLUTION NO. R-9~20
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 Mayor of the City of Sebastian, pursuant to
Section 4.05 of the City Charter, issued a Proclamation on
January 25, 1995, calling a general election on March 14, 1995,
for the purpose of selecting three (3) City Council members; and
WHEREAS, the City Council of the City of Sebastian,
pursuant to Section 4.07 of the City Charter, adopted Resolution
No. R-95-01 on January 25, 1995, specifying Precincts 12, 14, 15
and 16 as the official polling places for the City of Sebastian
for the general election, and naming the offices to be filled;
and
WHEREAS, the City Clerk of the City of Sebastian, pursuant
to Section 4.08 of the City Charter, 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 16 and 30,
1994, in the Vero Beach Press Journal, a newspaper of general
circulation; and
WHEREAS, the City Clerk has po:
election on the official announcement
and
~ted notice of the genera~
board located at City Hall;
Sebastian, Indian River County, Flori
on March 14, 1995; and
WHEREAS, the Canvassing Board h~
has found the same in proper form.
NOW, THEREFORE, BE IT RESOLVED
CITY OF SEBASTIAN, INDIAN RIVER COUNTI
SECTION 1. DECLARATION. The CJ
Sebastian, Indian River County, Fi~
returns provided by the Canvassinc
Sebastian for the general election,
Precincts 12, 14, 15, and 16 of
attached hereto as Exhibit "A".
SECTION ~. RECORDING. The City
enter the results of the general elect
of the City Council meeting during
adopted.
SECTION 3. CONFLICT. Ail resoluti
in conflict herewith are hereby repeal
~ A. EFFECTIVE DATE.
effect immediately upon its passage.
2
held a general election
verified said returns and
BY THE CITY COUNCIL OF THE
', FLORIDA, that:
ty Council of the City of
)rida, hereby accepts the
Board for the City of
~eld on March 14, 1995, in
.he City of Sebastian, as
Clerk is hereby directed to
ion in the official minutes
which this Resolution is
ons or parts of resolutions
ed.
'his resolution shall take
WHEREAS, Precincts 12, 14, 15 and 16 of the City of
The foregoing
Councilmember
Resolution
was moved for adoption by
. The motion was seconded
by Councilmember
and, upon being put to
a vote, the vote was as follows:
Mayor Arthur Firtion
Vice Mayor Carolyn Corum
Councilmember Norma Damp
Councilmember Robert Freeland
Councilmember Frank Oberbeck
The Mayor thereupon declared this Resolution duly passed and
adopted this day of , 1995.
ATTEST:
by:
CITY OF SEBASTIAN, FLORIDA
Arthur L. Firti0h
Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(S AL)
Approved as to Form and Content:
~lifton A. McClelland
City Attorney
3
EXHIBIT "A"
CERTIFICAtrE OF CANVASSING BOARD
CITY OF SEBASTIAN
INDIAN RIVER COUNTY, FLORIDA
We, the undersigned, members of duly constituted Board of Canvassers for the City of Sebastian,
Florida, do hereby certify that we met in the office of the Supervisor of Elections on the 14th Day of
Mamh, A.D., 1995, and procee~ to publicly Canvass the votes given for the offices herein
specified al the General Elecflo~ held on the 14th Da), of Marc-h, A.D., 1995, ms .shown by the
returns on file in the office of the Supervisor of Eleelions. We do hereby ~ertify lmm said returns as
follows:
CiTY OF SEBAST]/~N
FOR CITY COUNCIL MEMBER, THE WHOLE NUMBER OF VOTES CAST WAS ~,~
OF WHICH NUMBER
LOUISE R. CAR'I'WRIGHT
NORMA DAMP
RAY HALLORAN
FRANK OBERBECK
HARRY THOMAS. JR
(VOTE FOR THREE)
received /~-~ VOTES
received / / ~- VOTES
/3 vOTES
vows
VO ES
canvassing BoardMember
I~anvaselng Board Member
Canvassi~ Boar0 M~mber
City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 580-~30 ~ FAX (407) 589-5570
MINUTES
CITY OF SEBASTIAN
i CANVASSING BOARD
TU~DAY, MARCH 14, 1995 - 7:00 P.M.
INDIAN RIVER COUNTY ADMINISTRATION BUILDING
I VERO FLORIDA
BEACH,
P~$~T:
City Canvassing Board:
Mayor Arthur Firtion
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
ALSO:
City Attorney, Clifton A. McClelland, Jr.
The City Canvassing Board met at the Indian River County
I Administration Building, 1840 25th Street, Veto Beach,
Florida, at 7:00 p.m. to begin inspection of absentee
ballots..
Elections official, Diana Wright, explained that when
candidate Lonnie Powell withdrew, a second set of absentee
ballots were mailed to three electors who had received
ballots previously. The second set of ballots were marked
as ~2 and the Canvassing Board decided to count those marked
#2 and reject those marked #1. One of those absentee
ballots was rejected by a two to one vote for unlike
signature.
City Canvassing Board
March 8, 1994
Page Two
Of the remaining absentee ballots questioned by Elections
staff and presented to the Canvassing Board for inspection,
one was rejected by a two to one vote for u~.like signatures,
one was rejected by unanimous vote for no s~gnature and no
witness, two were rejected for no signature, and one was
accepted since only one witness address was missing.
Inspection and opening of absentee ballots concluded at
7:30 p.m.
The Canvassing' Board certified to the logic and accuracy
test.
Upon completion of all precinct ballot counting, with all
ballots accounted for, the Canvassing Board certified the
election results. (see Canvassing Board Certification
attached to Resolution No. R-95-20)
Final tallying for the City of Sebastian was completed at
9:15 p.m.
Arthur L. Firtion, Mayor
Kathryn M. O'Halloran, City Clerk
Sally A. Maio, Deputy City Clerk
Received at the March 20, 1995, Special City Council Meeting.
2
SEBASTIAN CODE
(a) The t4n-ms of the m~ me~,be.~ ~ be for ~wo (2) yearz, or ~ e ~or h~
~) ~e ~ of ~ n~ly ~d ~ mem~r sh~ ~ on ~e ~onday fo~o~g
~e ~ at a ~ m~g of ~e ~ ~ ~ ~ h~d for the p~o~ of ~ng in
1~ ~e ~o~ ~e newly ~e~ offi~ ~ ~ ~o~ ~ a~ ~e ~nd~on of su~
Se~ S.05. Compensation.
The _~l,~y of the mayor, vice-mayor and ~ of ~e o~ ~ m~s ~ ~ p~d
~e f~g ~o~ on a money b~:
(1) M~ Fo~ h~ flo~s (~00.00);
~) ~yo~ ~o h~ ~ do11~ ($250.00); ~d
(3) ~ ~~: One h~ ~ do~ ($150.00).
~. No. E-8~, 9-~82; ~. No. R-S7-~, $ ~, ~-87; Ord. No. O-9D29, $ ~, 1-~-92; Ord. No.
$~ 2.06. ~yo~ ~mayor.
(~ ~r-Se~n ~ ~. ~mmen~g M~ ~9~, ~r ~e s~g of ~y n~ly
el~ ~ m~, at ~e ~t s~~ ~ ~ m~dng subsequent ~ the ~cond
~es~y ~ ~, ~e n~ ~ ~ ~, ~ ~e ~st ord~ of busings, ele~ a mayor from
~ong i~ m~b~. The ~m~nt mayor or ~ ~ or her assent, the ~mayor or in his
or h~ ab~, ~e ~or memb~ of ~ co~, sh~ ~ for notations fo~ mayor. ~r
~ ~o~om have ~ made, ~e no~i~ons sh~ ~ ~osed. ~e ~ clerk sh~l then ~
the r~ of ~e ~ m~5erz ~d ~ ~ mem~r sh~ ~t ~ ~ative vo~ ~or the
co~ m~ .of ~ ~oim. ~e ~ member ~t ~ve~ a ~o~ ~ sh~] be
el~ ~yon In ~e ~t no coun~ memb~ ~ceives a m~oM~ of the vo~ ~t on ~e first
b~ot, ~g ~ s~d~ roll c~11~ zh~ ~ntinue ~ti] a coun~ member red,yes a
~oM~ vo~. ~ mem~ sh~ not no~na~ ~ems~v~. O~y ~d coun~l members
sh~ ~ ~ble for ~e offi~ of mayor.
(1) If ~e is no mayor s~ on the new or ~s~ing dry count1, a tempor~ city
coun~ ~rson may be el~d from the incumbent members of the ~ count]
fo~ the p~o~e of ele~ing a mayor ~ set fo~h above.
{2) In ~e event there is only one nomination and second for mayor, the nominee shall be
s~ ~ mayor.
· ) Ma~r-Du~e~, genera. The mayor sh~l preside at ~ meeting of the ci:y council,
sh~ have a vo~ upon matters before :he dry council, but shall not possess a ve~ power. The
Supp. No. 2 CHT:iO
CI-Lq~TER § 2.05
mayor ~h~ll have the power to preseree peace and order, be recognized as the head of the city
govermm~nt for ail ceremonial p~, and shall be recog~i,~efl by the governor as the head
of the city government for purposes of -mqitary law. The mayor shall sign all contra~s, bonds,
debentures, fran~ and official documents on behalf of the city as directed and authorized
(c) '~we-rtuxyor-Se~eeZion and Zerm. At the .F.u"st regularly scheduled city cmmcil 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 elecmecL The vice-mayor shall be elect~ using the same procedure as for the
election of
(d) V'~e-n~2or-DuZie~, general. In the ~n~ ~ ~b~ of ~e mayor, ~e ~mayor
~ ~e ~ ~yor d~g ~ ~ or ~U. ~ ~e ab~ or ~~ of bo~ ~e
mayor ~d ~~, ~e se~or m~ of ~ ~ sh~ ~e ~ mawr d~ng su~
~ or ~~.
(0~. No. 0-91-S0, ~ l, 1~2; 0~. No. O-g~0S, ~ ~,
Sec. 2.07. General powers and dutie~
Ail powers of the city shall be vested in the city council, except as otherwise provided by
law or this ~, and the city council shall provide for the exercise thereof and for the
pe~~ of all duties and obligations knposed on the dty by law.
(Ord. No. 0-91.29, § 1, 1.8.92)
Sec. 2.08. Vacancies; forfeiture of office; filling of vaoancies.
(a) 'Vacand~. The office of cound] member or the mayor shall become vacant upon his/her
death, resignation, removal from office in any manner authorized by law or £orfeiture o£
his/her office.
Co) ForfeiZure of office. A council member or the mayor shall forfeit his/her office if he/she:
(1) Lacks at any time during his/her term of office any qualification for the office pre~
scribed by this Charter or by law;
(2) Violates any express prohibition of thh Charter;
(3) Is convicted of a crime involving moral turpitude; or
(4) Fai~ to attend three (3) consecutive regular meetings of the city council without being
excused by the city council.
(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
:he next general municipal election for the city where the qualifying period for seeking elec.
Supp. No. ~
CHT:ll
I
I
I
I
I
i
i
I
4.05
Sec, 4.05. C.11~,,; a~ election b~, resolutio,~
All elections shall be called by proclamation of the mayor issued not less than thins' (30)
clays before ~uch election and shall be conducted except as otherwise spoc/fically provided,
trader the prov/s/ons of the general election ~ws of the sm~e, when not inconsistent w/th the
provisions o£th/z Charter. Should the mayor fail or refuse to call any election in due time, the
c/ty coundl shall do so by resolution.
Se=. 4.06.
~litor's mote-Section 4.06, pertaining to election precincts a~d ~g p~s ~d ~e
~t for ~e ~ ~ d~~ ~e, d~v~ ~m ~. Ho. ~91-29, ~ 1, ad~ J~ 8,
1992. O~ No. ~9~, ~ 3, ~ J~ 2~, 1993, ~ed ~s ~on ~ i~ en~.
Sec. 4.07. Elections-How arr~ged: i~z~or~ and clerks.
The city counci~ in conjunction with the city clerk, shall make all necessary arrangements
for holding all olty elections and shall declare the results thereof. The city council shall adopt
a resolution, upon the ~g of an election, stating therein where the election shall be held,
and nam/rig the ~i~erent offices to be filled, or questions to be decided, and shall cause the
notice of the election to be publ/ahed in accordance w/th Florida law.
(Ord. No. 0-91-29, § 1, 1-8.92; Ord. No. 0.93-04, § 4, 1-27-93)
Sec- 4.08. Ssme-City canvassing board; canvass of election returns.
(a) if the city is not hold/rig it~ election as a part of the election for Indian River County,
Florid~ the city clerk shall appoint a city canvassing board to be composed of three (3)
individuals; one (1) member shall be the city clerk and the remaining t~vo {2) members shall
be appointed by the city clerk. The city clerk shall ac~ as chairperson of the city canvassing
board.
(b) When a city canvassing board has been consti~ted, the city canvassing board shall
meet at a place and time designated by the chairperson, as soon as practicable after the close
of the polls of any municipal election involving the city, at which time, the city canvassing
board shall proceed to publicly canvass the absentee electors' ballots and then publicly canvass
the vote as shown by the re:urns then on £fle in the office of the supervisor of elections for
Indian P, iver County, Florida. The city canvaszing board shall prepare and sign a certificate
containing the total number of votes cast for each person or other measure voted on. The
certificate shall be placed .on file with the city clerk.
(c) The city council shall hold a special meeting on the first Monday following the election
for the purpose or 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 oi' the election and enter them in the minutes of' the special
meeting. Any oath of office required to be administered to the newly elected council members
Supp. No. 2 CHT:19
~ 4.0~ SEBAST~LN CODE
s hail be admin/stered a: such spec/al c/ty coundl meeting or at the next city council meeting
where the n~wly elec*~ coundl member~ are/~ attendance.
{Or~ No. O-g3-o4, § 5, 1-27-9~).
The ballo~ zhall conform to the form of ballot~ presm-/bed by the general ele~ion laws of
the Sta~ of Flori/z.
{Ord~ No. 0.93-04, § 6, 1-27-93)
~e. 4.10. 'Votin~ machines.
The city is hereby authorizec] ~o xuse voth~ machines in the holding of all city elections,
State law reference-Electronic ~ systems act, F.$. § 101.5601 et seq.
4.11. Absen~ voting.
Absemtee vofimg shall be penn/tied in ~ m~dp~ ~o~ h ~e ~e ~ner as now,
or h~ pr~d~ for ~ ~~on ~ ~ ~d ~un~ ele~ons.
S~ ~w ~e~oe-~s~ ~o~g, F.S. ~ 101.62 et s~.
Sec, 4.12. EJecff/on procedures; tie vote~
ia) ~ ~ ~ or ~ ~o~, ~e ~da~s ~g ~e ~gh~ vo~ ~ ea~ of
~e offi~ of ~ m~ber ~ ~ ~, ~ ~ ~d for ~y~ ~, or the bEance of
~e ~.
~) ~ ~e event that at ~y el~on ~e~ ~ only two (2) ~dida~s for the s~e office
~d ~ ~o~d r~ve ~e ~e nn~ of vows, ~e qu~on sh~] ~ deeded by lot,
condu~ ~ ~e ~ ~ at ~e m~g of ~e ~ held for the pu~ose of ~v~sing the
~ of~e Me,on, ~d ~e ~s~ ~of ~ be ce~fied in ~e ~u~s of ~ meeting
(Or~ No. 0~3, ~ 1, 2-1-~; 0~. No. O-8~, ~ 1, 1-11-89; Ord. No. O-91-29, ~ 1, 1-8-92; Ord.
No. ~9~, ~ 7, 1-27-93)
4.13. Conduct of candidates for election office.
No candidate shall promise any money, office, employment, or other thing of value to
secure his/her election, or give anything of value to individual voters for the purpose of
scour/rig thdr votes. A violaton of any of these provisions shall disqualify-such candidate from
holding the office, if elected, and the person receiving a majority o£ the votes cast, observing
the foregoing conditions, shall be entitled to the office.
State law references-Election violations, F. S. ch. 104; candidates, F.S. ch. 106; Code of
ethic~ for public officers and employees, F.S. § 112.311 et seq.
Supp. No. 2 CHT:20