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HomeMy WebLinkAbout02011984SPECIAL COUNCIL MEETING CITY OF SEBASTIAN FEBRUARY l, 1984 SPECIAL COUNCIL MEETING CALLED TO ORDER BY MAYOR FLOOD, JR., AT 7:42 P.M. PRESENT: VICE MAYOR FITZMAURICE COUNCILMAN RICHARD SZELUGA COUNCILMAN JAMES GA~LAGHER COUNCILWOMAN DOROTHY MCKINLEY MAYOR FLOOD CITY ATTORNEY DANIEL KILBRIDE ATTORNEY KILBRIDE READ FOR THE SECOND TIME BY TITLE ONLY AN ORDINANCE OF THE CITY OF SEBASTIAN AMENDING SECTION 2.02 OF THE CHARTER BY REQUIRING ONE YEAR RESIDENTY IN ORDER TO QUALIFY TO HOLD THE OFFICE OF COUNCILMAN AND/OR MAYOR. MOTION BY COUNCILWOMAN MCKINLEY, SECONDED BY COUNCILMAN GALLAGHER, TO ACCEPT THE SECOND READING BY TITLE ONLY OF AN ORDINANCE OF THE CITY OF SEBASTIAN AMENDING SECTION 2.02 OF THE CHARTER. ROLL CALL VOTE: A YES: NONE VICE MAYOR FITZMAURICE COUNCILMAN RICHARD SZELUGA COUNCILMAN GALLAGHER MCKINLEY  A Y~ : MOTION CARRIED. ATTORNEY KILBRIDE READ FOR THE THIRD AND FINAL TIME BY TITLE ONLY AN ORDINANCE OF THE CITY OF SEBAS~T-L~N,,, ~DING SECTION 2.02 OF THE CHARTER BY REQUIRING ONE YEAR RESIDEN~Y~I~~ ~i~R TO QUALIFY TO HOLD THE OFFICE OF COUNCILMAN AND/OR MAYOR. SECTION 2.0 OP THE CHARTER Y EO :R NC ONE YEaR R SIDENCY IN ORDER TO ALIFY TO HOLD OFFXCE OF COUNCILMAN AND/OR .AYOR. \ ~COUNCILMAA' ~ZMr. llC~ ~ ~ NAYS: NONE MOTION CARRIED. ATTORNEY KILBRIDE READ FOR THE SECOND TIME BY TITLE ONLY AN ORDINANCE OF THE CITY OF SEBASTIAN AMENDING SECTION 2.05 BY STATING THAT THE MAYOR AND COUNCIL RECEIVE COMPENSATION, NOT SALARY, AND PERMITS REIMBURSEMENT FOR EXPENSES INCURRED WHEN ON CITY BUSINESS WHEN APPROVED BY MAJORITY VOTE OF THE COUNCIL. MOTION BY VICE MAYOR FITZMAURICE, SECONDED BY COUNCILMAN GALLAGHER TO ACCEPT THE SECOND READING BY TITLE ONLY OF AN ORDINANCE OF THE CITY OF SEBASTIAN AMENDING SECTION 2.0~. ROLL CALL VOTE: A YES: VICE MAYOR FITZMAURICE COUNCILMAN GALLAGHER COUNCILWOMAN MCKINLEY MAYOR FLOOD NAYS: COUNCILMAN SZELUGA MOTION CARRIED. ATTORNEY KILBRIDE READ FOR THE THIRD AND FINAL TIME BY TITLE ONLY AN ORDINANCE OF THE CITY OF SEBASTIAN AMENDING SECTION 2.05 BY STATING THAT THE MAYOR AND COUNCIL RECEIVE COMPENSATION, NOT SALARY, AND PERMITS REIMBURSEMENT FOR EXPENSES INCURRED. MOTION BY VICE MAYOR FITZMAURICE, SECONDED BY COUNCILWOMAN MCKINLEY, TO ADOPT THE THIRD AND FINAL READING BY TIT~E ONLY OF AN ORDINANCE OF THE CITY OF SEBASTIAN AMENDING SECTION 2.05 BY STATING THAT THE MAYOR AND COUNCIL RECEIVE COMPENSATION, NOT SALARY, AND PERMITS REIMBURSEMENT FOR EXPENSES INCURRED. ROLL CALL VOTE: AYES: VICE MAYOR FITZMAURICE COUNCILMAN GALLAGHER COUNCILWOMAN MCKINLEY MAYOR FLOOD MINUTES: SPECIAL COUNCIL MEETING FEBRUARY l, !984 NAYS: COUNCILMAN SZELUGA MOTION CARRIED. ATTORNEY KILBRIDE COMMENTED THAT THERE ARE TWO TYPOGRAPHICAL ERRORS TO BE CORRECTED ON PAGE 1, THE LAST SENTENCE SHALL READ ALL WRITE IN NAMES SHALL BE COUNTED, EXCEPT AS PROVIDED IN {F) HEREAFTER AND ON PAGE 2, SUB PARAGRAPH (E) THE WORD COUNCIL IS INSERTED IN THE THIRD LINE FROM THE BOTTOM. AS PER VICE MAYOR FITZMAURICE'S RECOMMENDATION THE FOLLOWING SENTENCE WILL BE DELETED. "IN THE EVENT .EITHER SAID CANDIDATE SHALL TO THE CITY CLERK DECLINE IN WRITING TO BE A CANDIDATE." ATTORNEY KILBRIDE READ FOR THE SECOND TIME BY TITLE ONLY AN ORDINANCE OF THE CITY OF SEBASTIAN AMENDING SECTION 4.12 OF THE CHARTER BY REQUIRING "RUN-OFF" ELECTIONS. MOTION BY VICE MAYOR FITZMAURICE, SECONDED BY COUNCILWOMAN MCKINLEY, TO ACCEPT THE SECOND READING BY TITLE ONLY OF AN ORDINANCE OF THE CITY OF SEBASTIAN AMENDING SECTION 4.12 OF THE CHARTER BY REQUIRING RUN OFF ELECTIONS AS AMENDED PRIOR TO THIS READING. COUNCILMAN SZELUGA STATED THAT HE WOULD LIKE TO SEE A TIME FRAME ESTABLISHED WITHIN THE ORDINANCE. ROLL CALL VOTE: AYES: VICE MAYOR FITZMAURICE MOTION CARRIED. ATTORNEY KILBRIDE READ FOR TH~I~D FINAL TIME BY TITLE ONLY AN ORDINANCE OF THE CITY OF SEB~S~A~¥ A~w~,~DING SECTION 4.12 OF THE CHARTER BY REQUIRING RUN OFF ELECTIONS. ~ MOTION BY VICE MAYOR FITZMAUPI~E,~ SECONDED BY COUNCILWOMAN MCKINLEY, TO ADOPT THE THIRD AND FINAL RE~ BY~ TITLE ONLY OF AN ORDINANCE OF THE CITY OF SEBASTIAN AMENDING SECTION ~ 12 OF THE CHARTER BY REQUIRING RUN OFF ELECTIONS AS READ AND AMENDED. MAYOR FLOOD MOTION CARRIED. THERE BEING NO FURTHER BUSINESS, MEETING ADJOURNED: 8:00 P.M. CITY CLERK MAYOR MINUTES APPROVED AT REGULAR COUNCIL MEETING ON MARCH 14, .!984. PUBLIC HEARING CITY OF SEBASTIAN FEBRUARY l, 1984 PUBLIC HEARING CALLED TO ORDER BY MAYOR PAT FLOOD, JR. , AT 7:00 P.M. PRESENT; VICE MAYOR FITZMAURICE COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER MAYOR FLOOD, JR. CITY ATTORNEY DANIEL KILBRIDE THE CITY CLERK READ THE NOTICE OF PUBLIC HEARING AS IT APPEARED IN THE VERO BEACH PRESS JOURNAL, JANUARY 15 AND 22, 1984, TO CONSIDER AN ORDINANCE OF THE CITY OF SEBASTIAN AMENDING SECTION 2.02 OF THE CHARTER BY REQUIRING ONE YEAR RESIDENCY IN ORDER TO QUALIFY TO HOLD THE OFFICE OF COUNCIL MEMBER AND/OR MAYOR, PLACING QUESTION ON BALLOT FOR MARCH 13, 1984; ESTABLISHING AN EFFECTIVE DATE: AND STATING A SEVERABILITY CLAUSE. ATTORNEY KILBRIDE READ IN ITS ENTIRETY AN ORDINANCE OF THE CITY OF SEBASTIAN AMENDING SECTION 2.02 OF THE CHARTER BY REQUIRING ONE YEAR RESIDENCY IN ORDER TO QUALIFY TO HOLD THE OFFICE OF COUNCIL MEMBER AND/OR MAYOR, PLACING QUESTION ON BALLOT FOR MARCH 13, 1984; ESTABLISHING AN EFFECTIVE DATE: AND STATING A SEVERABILITY CLAUSE. ORDINANCE, "ANY ELECTOR OWNING REAL ~PERFY IN TH~ ~TY OF SEBASTIAN AND HAS CONTIOUOUSLY RESIDED IN THE CITY OF SEBASTIA.V FOR AT ~E~ST ONE YEAR, IM~EDIATE£Y PRIOR TO QUALIFYING SHALL BE EL~BLE TO HOLD ~YELECTIVE OFFICE. ATTORNEY KILBRIDE COMMEN_~E,&~ TI~A~T A~-~ORDIA~ TO COURTRULING, IT IS UNCONSTITU- TIONAL TO BE REQUIRED TO BE A REAL PROPERTY OWNER IN ORDER TO HOLD OFFICE. SINCE THIS HAS BEEN RULED, C~~A--~ZELUGA WITHDREW HIS COMMENTS AND STATEMENTS. THERE BEING NO FURTHER DISCUSSION, P~BLIC HEARING CLOSED: 7:15 P.M. CITY CLERK MAYOR MINUTES APPROVED AT REGULAR COUNCIL MEETING ON MARCH 14, 1984. PUBLIC HEARING CITY OF SEBASTIAN FEBRUARY 1 , !984 PUBLIC HEARING CALLED TO ORDER BY MAYOR PAT FLOOD, JR. , AT 7:15 P.M. PRESENT: VICE MAYOR FITZMAURICE COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER MAYOR FLOOD CITY ATTORNEY DANIEL KILBRIDE THE CITY CLERK READ THE NOTICE OF PUBLIC HEARING AS IT APPEARED IN THE VERO BEACH PRESS JOURNAL, JANUARY 15 AND 22, 1984, TO CONSIDER THE ADOPTION OF AN ORDINANCE OF THE CITY OF SEBASTIAN AMENDING SECTION 2.05 BY STATING THAT THE MAYOR AND COUNCIL RECEIVE COMPENSATION, NOT SALARY AND PERMITS REIMBURSEMENT FOR EXPENSES INCURRED WHILE ON CITY BUSINESS WHEN APPROVED BY MAJORITY VOTE OF THE COUNCIL; PLACING QUESTION ON BALLOT FOR MARCH 13, 1984; ESTABLISHING AN EFFECTIVE DATE: AND STATING A SEVERABILITY CLAUSE. ATTORNEY KILBRIDE READ IN ITS ENTIRETY AN ORDINANCE OF THE CITY OF SEBASTIAN AMENDING SECTION 2.05 BY STATING THAT THE MAYOR AND COUNCIL RECEIVE COMPENSATION NOT SALARY, AND PERMITS REIMBURSEMENT FOR EXPENSES INCURRED WHILE ON CITY BUSINESS WHEN APPROVED BY MAJORITY VOTE OF THE COUNCIL: P,?..,ACING QUESTION ON .BALLOT FOR MARCH 13, 1984; ESTABLISHING AN EFFECTIVE DATE: AND STATING A SEVE~LI~2~ ~7~~ BETSY ADAMS, ACACIA AVENUE, SEBASTIAN, ~LO~IDA, ASKED FOR CLARIFICATION FROM THE CITY ATTORNEY ~,~HSu~I?F£RE~ICE BETWEEN COMPENSATION AND SALARY IN LIKE AN AWARD OR FEE PAID TO SOME DNE~HO PERFORMS A SERVICE. ATTORNEY KILBRIDE STATED THATk~H~ CURRENT CHARTER DOES NOT STATE THAT THE MAYOR IS A FULL TIME EMPLOYEE, -BUT THAT THE ORDINANCE DOES. IN RESPONS~ TO C[07JNCI[D~I~N IG~-~L~GHE~'~ Q~E~TI©N C~A~E~NIA~T ELEGIBILITY OF CODE OF OT~-~INA.~c~, DE~LAR-~S ~T-~E '~-F~FICE -8-F M,~z~OI~TOU-BE--~ ?-SLL TIME SALARY POSITION AND STATES THAT THE MAYOR IS THE CHIEF EXECUTIVE OFFICER AND IS EXPECTED TO PERFORM FULL TIME DUTIES AND BY DOING THAT UNDER CITY ORDINANCES HE WOULD BE ELIGIBLE FOR BENEFITS. THERE BEING NO FURTHER DISCUSSION, PUBLIC HEARING CLOSED: 7:40 P.M. CITY CLERK MAYOR MINUTES APPROVED AT REGULAR COUNCIL MEETING ON MARCH 14, !984. PUB~iIC HEARING CITY OF SEBASTIAN FEBRUARY l, 1984 PUBLIC HEARING CALLED TO ORDER BY MAYOR PAT FLOOD, JR., AT 7:40 P.M. PRESENT: VICE MAYOR ROBERT FITZMAURICE COUNCILMAN RICHARD VOTAPKA COUNCILWOMAN DOROTHY MCKINLEY COUNCILMAN JAMES GALLAGHER MAYOR PAT FLOOD, JR. CITY ATTORNEY DANIEL KILBRIDE THE CITY CLERK READ THE NOTICE OF PUBLIC HEARING AS IT APPEARED IN THE VERO BEACH PRESS JOURNAL, JANUARY 15 AND 22, 1984, TO CONSIDER AN ORDINANCE OF THE CITY OF SEBASTIAN AMENDING SECTION 4.12 OF THE CHARTER BY REQUIRING "RUN-OFF" ELECTIONS FOR MAYORAL CANDIDATES WHEN NONE RECEIVE A MAJORITY OF THE TOTAL VOTES CAST: PROVIDING THAT IN EVENT OF A TIE THE QUESTION BE DECIDED BY LOT: PROHIBITING WRITE-IN CANDIDATES DURING "RUN-OFF", ELECTIONS: PLACING QUESTION ON MARCH 13,1984 BALLOT: ESTABLISHING EFFECTIVE DATE AND A SEVERABILITY CLAUSE. ATTORNEY KILBRIDE READ IN ITS ENTIRETY AN ORDINANCE OF THE CITY OF SEBASTIAN AMENDING SECTION 4. Z2 OF THE CHARTER BY REi WRITE-IN CANDIDATES DURIN¢ RUN-OFF , EL~C MARCH 13, 1984 BALLOT: ~S~ISRING 3FFEIT SOME DISCUSSION FOLLOWED~NCE_BNIN_C~ A CA2~ )UIRING "RUN-OFF" ELECTIONS FOR ~INTY OF THE TOTAL VOTES CAST" BE DECIDED BY LOT: PROHIBITING IONS: PLACING QUESTION ON 7VE DATE AND A SEVERABILITY CLAUSE. OIDATE WITHDRAWING FROM THE RUN OFF ELECTION. A CANDIDATE TO WITHDRAW FROM A~N F~_~RACE FOR SOME UNUSUAL AND ALSO SAVE THE EXPENSE OF ~N~T~ER ~ECTION. VICE MAYOR FITZMAURICE WAS OF T~E OPIN~ON THAT A TIME FRAME IN THE ORDINANCE, ALLOWING A CANDiDatE TO WITHDRAW. THERE BEING NO FURTHER DISCUSS~, ~BLIC HEARING ADJOURNED: ATTORNEY KILBRIDE EXPLAINED THAT THE ORDINANCE ALLOWS FOR CIRCUMSTANCE BE ESTABLISHED 7:50 P.M. CITY CLERK MAYOR MINUTES APPROVED AT REGULAR COUNCIL MEETING ON MARCH 14, 1984.