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HomeMy WebLinkAbout0908199999.033 99.175 99.065 SEBASTIAN CiTY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, SEPTEMBER 8, 1999 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council - limit often minutes per speaker (R-99-21) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - Pastor Mike Lyle - Sebastian First Church of the Nazarene 4. l~LL CALL 5. AGENDA MODIFICATIONS {ADDITIONS AND/OR DELETIQ~I~;) Items not on the written agenda may be added only upon a majori(y vote of Cdy Council members (R-99-21) 6. PROCI~MATIONS. ANNOUNCEM~; AND/OR PRESENTATIONS A. Presentation of Certificate of Completion to Councilmember Barczyk by City Clerk - Florida Institute of Government - Institute for Elected Municipal Officials (FIOG Letter) B. Indian River County Department of Utilities - Presentation on Future Plans for Sebastian Water Expansion Project (Hotchkiss Letter 8/31/99) C. Sebastian Charter Review Committee - Presentation of Recommendations (City Manager Transmittal 8/28/99, Chairman McCollum Memo 8/26/99, Proposed Amendments) 7. CITY ATTORNEY M~TTERS 8. CITY I~J~NAGER MATTERS 9. CITY CLERK MATTERS 10. CITY COUJ~CIL MATTERS 99.109 99.009 II. 12. 13. 14. A. Vice Mayor Neuberger B. Mr. Barezyk C. Mr. Bishop D. Mr. Majcher E. Mayor Wininger CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of CiO~ Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 8/25/99 Regular Meeting PUBLIC HEARIN_(j Procedures for public hearings: (R-99-21) · Mayor Opens Hearing · Attorney Reads Ordinance or Resolution · StaffPresentation · Public Input - Limit ofTen Minutes Per Speaker ° StaffSummation o Mayor Closes Hearing · CounciiAction ,4nyone Wishing to Speak is Asked to Sign Up before the Meeting, When Called go to the Podium and State His or Her Name for the Record Second Reading and Fino,[ Adoption of Ordinance No. O-99-12 - A0~ending O-99-03 Water Restriction Plan (City Attorney Tlaasl~ittal 8/4/99, Proposed Ordinance. RCvi~¢d Water Plan Text, Memo to Council AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CITY OF SEBASTIAN WATER RESTRICTION PLAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABIL1TY; PROVIDING FOR AN EFFECTIVE DATE. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker A. Attorney Bruce Barkett - Riverfront District COMMITTEE REPORTS/RECOMMENDATIONS Ad Code Enforcement Board (City Clerk Transmittal 8/26/99, Four Applications, Ad, Boar~[ List) 1. Interview Unless Waived and Appoint as Follows: a. One Regular Member Engineer Position - Term to Expire 8/2002 b. One Alternate Member Position - Unexpired Term to Expire 4/2000 Bo Recreation Advisory Board (City Clerk Transmittal 8/26/99, One Al~pli~atiOil, Board List) 1. Formal Appointment of Julie Hogate Sebastian Panthers Representative - Unexpired Term to Expire 12/2000 15. O~,D BUSINESS 99.085 99.176 99.177 99.178 99.179 99.180/ 98.161 99.182 99.183 16. A. Schedule Town Hall Meeting (Excerpt of 5/5/99 Council Minutes) NEW Approve Sole Source Contract - Randall Tedder Construction Inc. for Main Street Boat Ramp Repairs in the Amount of $44,900 (Public Works Transmittal 8/31/99) Approve Purchase of New Holland Tractor Model 1720A2 with Attachments from New Holland North America Inc. - State Contract 760-900-99-1 in the Amount of $15,643 (Public Works Transmittal 8/30/99, Cost Sheet) Approve Purchase of Toro Greensmaster Mower for Golf Course from Hector Tuff of Deerfield Beach - Pompano Beach PO (GSA Contract Pricing) in the Amount of $15,181.32 (Asst. to City Manager Transmittal 9/1/99, Cerjan Memo 8/13/99 w/Attachment) Do Waive Bid Process and Approve Purchase of Building Permits Manager Software Program from Information Management Services in the Amount of $6,295 (Building Transmittal 9/2/99, 3 Quotes) Approve Change Order #2 to Applied Aquatics, Inc. Contract for Chemical Treatment of Roads in the Amount of $6,000 (Public Works Transmittal 9/1/99) Award Bid and Authorize City Manager to Execute Contract with Ranger Construction Industries, Inc. for Asphaltic Concrete Resurfacing in the Amount of $2,000,000 and for Cold In-Place Recycling to Asphalt Recycling, Inc. In the Amount of $300,000 (Public Works Transmittal 9/1/99, Bid Tabulation) Resolution No. R-99-47 - Authorizing Application to Florida Development Assistance Program Grant - Barber Street Sports Complex Enhancement Initiative (City Manager Transmittal 9/2/99, R-99-47) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RiVER COUNTY, FLORIDA, ALrrHORIZIN(} CITY MANAGER TO APPLY FOR A FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROORAM ORANI; PROVIDING FOR CONFLICT; PROVIDINO FOR EFFECTIVE DATE. Agreement Between City of Sebastian and Skydive Sebastian - 1999 U.S. Parachute Association National Skydiving Championships (Assistant to City Manager Transmittal 9/2/99, Agreement) 17. ADJOURN (Ail meetings shall adjourn at l O: 30 p. m. unless extended for up to one half hour by a majority vote of City Council) ANYPERSON [4q-lO DECIDES TO APPF_.4L ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HF_MRING) WILL NEED A RECORD OF THE PROCF_.F.D~GS AND MA Y NEED TO ENSURE THAT A VERBA TIM RECORD OF THE PROCeeDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMI)LIANCE 14/1TH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CIIT 'S ADA COORDINATOR AT 589-.5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Upco~i~g Me. tings: SpeciaI Meeting- I st Budget Hearing- Thursday, 9/9/99- 7 pm Regular Meeting and 2nd Budget Hearing - Wednesday, 9/22/99 - 7pm Regular Meeting-Wednesday, 10/13/99- 7pm Regular Meeting - Wednesday, 10/27/99 - 7pm 4 PUBLIC HEARING SiGN-UP SHEET SEPTEMBER 8, 1999 CITY COUNCIL MEETING 99.082 A. Second Reading and FinalAdoplJoll of Ordinance No. O-99-12 - / ~ .~..,/2) Amending 0-99-03 Water Restriction Plan AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CItY OF SEBASTIAN WATER RESTRICTION PLAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Name Address Name Address Name Address Name Address INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET "New Business" as used herein, is defined as an item that has occurred or was discovered within the previous six months SEPTEMBER~ 1999 REGULAR MEETING USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT OTHERWISE ON THE PREPARED AGENDA - LI341T OF 10 MINUTES PER SPEAKER Name: Attorney Bruce Barkett Address: Subject: Riverfr~rlt District Name: '"~P~t~ C/~ Address: Subject: Address: Subject: Name: Address: Subject: Name: Address: Subject: SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, SEPTEMBER 8, 1999 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Wininger updated City Council on her illness and stated she will be present for only certain items tonight. She then called the Regular Meeting to order at 7:00 p.m. ROLL CALL City Coullcil Present: Mayor Martha S. Wininger Vice Mayor Chuck Neuberger Mr. Joe Barczyk Mr. Ben A. Bishop Mr. Edward J. Majeher, Jr. ~;.taff present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Growth Management Director, Tracy Hass Finance Director, Mark Mason Parks Superintendent, Chris McCarthy Public Works Director, Terry Hill City Engineer, Martha Campbell The Pledge of Allegiance was recited. Invocation was given by Vice Mayor Neuberger, due to the fact that Pastor Mike Lyle, Sebastian First Church of the Nazarene was not present. eSgular City Meeting Council eptember 8, 1999 ~ PS:lge Two 99.033 99.175 99,065 AGENDA MODIFICAT_IO~{$ (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a majoriO, vote of City Council members (R-99-2 D It was the consensus of Council to move item 14B Recreation Committee appointment to the consent agenda. PROCLAMATIONS. AN_~OUNCEMENTS AND/OR PRESENTATION~ Presentation of Certificate of C9~l~tiOn to Councilmember Barczyk by City Clerk - Florida Igstitut~ Qf Gg~yerl~ent - Institute for Elected Municipal Officials (FIOG Legg~:r,) The City Clerk read a letter from the Florida Institute of Govemment and presented a certificate to Councilmember Barczyk for his completion of the Institute for Elected Municipal Officials. Indian River CQunty Department of Utilities - Presentation on Futur~ Plml$ for Sebastian Water l~xpansion Project (Hotchkiss Letter 8/31199.) Don Hubbs, Dan Chastain, Michael Hotchkiss, and Steve Doyle, Indian River County Utilities staff members gave an update report on the Sebastian Water Expansion Project. In response to Art Vogel, Mr. Hotchkiss said wells must be disconnected from the house when the County water system is connected, however wells can be maintained for irrigation. In response to Sal Neglia, Mr. Hotchkiss said he did not foresee any increases in Phase IIB; and in response to Vice Mayor Neuberger, Dan Chastain discussed the requirement of the bond to lien properties. Sebastian Charter Review (29mmitte~ - Presentation of Recommendations (Cil~ M~aager Transmittal 8/2~1~L9% Chai_tman McCollum Memo 8/26/99, Proposed Alll~dlllents) Charter Committee Chairman, Nate McCollum recognized the Committee members, committee secretary and staff member, Linda Kinchen and City Attorney Rich Stringer. He then reviewed the Committee's recommended Charter amendments (see attached). The City Attorney advised that this is the committee's report to Council in accordance with the Charter, thereafter, he stated, City Council could workshop the recommendations, then direct the drafting of appropriate ordinances to be scheduled for first reading and public heating prior to the end of November for placement on a ballot in March. The City Clerk noted that Wednesday, September 29, 1999 was available for a workshop unless the City Council wanted to keep that date available for a quarterly public forum. It was the consensus of Council to schedule a Charter revision workshop for September 29, 1999 at 7:00 p.m. 2 City Council Me. ting September g, 1999 Page Thre~ Mr. McCollum continued his presentation. TAPE I- SIDE II (7:48 p.m.) Mayor Wininger requested that Mr. McCollmn and members of the committee attend the workshop on September 29, 1999. 7. CITY ATTORNEY MATTERS · Reported on the ruling in the Fischer case, whereby the City was given a summary judgement. · Updated Council on the constitutional amendment on additional homestead exemption for senior citizens with below $20,000 income, noting an ordinance must be adopted by December 1, 1999 ° Updated Council on the proposed alarm ordinance and stated that a draft will be in Council boxes tomorrow · Received consensus of Council for him to utilize a 1992 City vehicle for business matters 8. CITY MANAGER MATTERS The City Manager requested approval for Andy Grimwade to come forward at this time to address the proposed Skydive Sebastian agreement which appears later on the agenda. MOTION by Bishop/Majcher "I'd like to make a motion to allow Mr. Grimwade an opportunity to speak." ROLL CALL: Mayor Wininger Vice Mayor Neuberger Mr. Barczyk Mr. Bishop Mr. Majcher MOTION CARRIED 5-0 Mr. Grimwade briefly addressed Council. ~71TY CLgRK MATTERS None. aye aye aye aye 3 ~Regular City Council Meeting ~[?,September 8, 1999 Page Four 10. L-'ITY CO],~(~II~ MATTERS A. Vice Mayor Neuberg~ · Requested updates on the following items from the July 7, 1999 workshop: Port St. Lucie undergrowth ordinance; lot clearing without permit; street load limits and scales; parking and driving on sidewalks/bikepaths; uniform speed limits; base flood plan; bid for painting police station; chamber of commerce building; Solin and Assoc. re: LDC; city welcome signs; personnel policies and procedures manual; and bench advertising by Lions Club The City Manager said Solin will attend the September 22, 1999 meeting; that a new ordinance (O- 99-13) will place personnel authority in the hands of the City Manager; and that lot clearing and base flood plan are being addressed administratively. The City Attorney said undergrowth language will be presented by the next meeting; discussed state law provisions relative to uniform speed limit, noting he will forward a copy of the statute to Engineer and Chief; and said he had prepared a letter relative to the Chamber building for Attorney Van de Voorde's review Mayor Wininger reiterated that speed limits must be addressed. Vice Mayor Neuberger expressed concern for a recently installed sign prohibiting no right turns at Pelican Island Elementary and requested it be looked into. B. Mr. Barczyk Said he will provide copy of a list of pending items that need to be cleaned up. C. Mr. Bishop None. D. Mr, Majcher Reported on his lunch with the Friendly Tennis Club, at which members had asked about plans for resurfacing, lights ,etc. at Schumann Park. Asked where we were with the wish list. The City Manager said he and staffwere meeting with the Tennis Club on Friday; and that certain of the wish list items will be addressed during budget heating tomorrow night 4 pSigular City Council Meeting ptember 8, 1999 ' ge Five E. Mayor Wininger Inquired whether Cornerstone had declared bankruptcy, to which the City Attorney responded he would call the Secretary of States office to verify. Inquired about the Millennium Community Program report and the City Manager gave a brief report Requested that a copy of a city property list be forwarded to the City Manager and City Attorney, and that it should be determined what is excess and saleable. TAPE II - SIDE i (8:3.5 p. mO Following some discussion on determination off surplus properties the City Manager said he would bring forth a recommendation within a month. Mayor Wininger called recess at 8:40 p.m. and reconvened the meeting at 8:50 p.m. All members were present. 11. CONSENT AGENDA Ail items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member ofCio~ Councd so requests; in which event, the item will be removed and acted upon separately. A. Approval o£Minutes - 8/25/99 Regular Meeting 99.009 Recreation Advisory Board (City Clerk Transmittal 8/26/99, One Application, Board List) 1. Formal Appointment of Julie Hogate Sebastian Panthers Representative - Unexpired Term to Expire 12/2000 The City Manager read the consent agenda. MOTION by Barczyk/Bishop "I make a motion we approve the minutes of the 8/25/99 Regular Meeting and also approve the change of putting in item 14 B under the consent order - Recreation Advisory Board appointment of Julie Hogate for the unexpired." ROLL CALL: Vice Mayor Neuberger - aye Mr. Barczyk - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Wininger - aye MOTION CARRIED 5-0 City Council Meeting Septembex 8, 1999 Page Six 12. PUBLIC HEARING Procedures for public hearings: (R-99-21) · Mayor Opens Hearing · Attorney Reads Ordinance or Resolution ° Sta;ffPresentation · Public Input - Limit ofTen Minutes Per Speaker ° StaffSummation · Mayor Closes Hearing ° Council Action Anyone Wishing to Speak is Asked to Sign Up before the Meeting, When Called go to the Podium and State His or Her Name for the Record 99.082 Second Readiag and ~'jllul Adoption of Ordinance No. O-99-12- AmcrllliIlg 0-99-03 Water Restriction Plan (Ci[v.6tt0mey Transmittal 8/4/99, Proilosed Ordi~llc~, Revved Water Plan Text, Memo to Council ~/4/99) AN ORDINANCE OF THE CITY OF SEBASTIAN, iNDIAN RiVER COUNTY, FLORIDA, AMENDiNG THE CITY OF SEBASTIAN WATER RESTRiCTION PLAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDiNG FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-99-12 by title, and Mayor Wininger opened the public hearing at 8:52 p.m. The City Attorney reviewed the ordinance. Mayor Wininger closed the public hearing at 8:55 p.m. Mr. Bishop expressed concern that this ordinance under-regulates the use of water. He suggested allowing a six hour range of allowable watering time. MOTION by Neuberger/Barczyk "I'll move to adopt Ordinance 99-12." ROLL CALL: Mr. Barczyk - aye Mr. Bishop - nay Mr. Majcher - aye Mayor Wininger - aye Vice Mayor Neuberger - aye MOTION CARRIED 4-1 (Bishop - nay) 6 7 Council Meeting September 8, 1999 Page Seven 13. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up required, limit often minutes for each speaker A. Attorney 13rue~ 130rk~tt - Riyerfront District Attorney Barkett, representing Lincoln Smith, owner of property on Indian River Drive, distributed materials to Council regarding the Riverfront Performance Overlay District waterfi'ont lot width provision and inquired why it was reduced from 80% to 50%. He also requested that the measurement point be better defined and that the width be increased to 60%. The City Attorney was directed to report back to Council on the matter. Attorney Barkett requested that Donald Gosselin be notified. Donald Gosselin, addressed City Council on the same matter. Alida Hirschfeld, spoke on the proposed alarm ordinance. 14. COMMITTEE REPORTS/RECOMMENDATIONS ~99.109 Code Enforcement Board (Cio Clerk Transmittal 8/26/99, Four Applications, Ad, Board List) 1. Interview Unless Waived and Appoint as Follows: a. One Regular Member Engineer Position - Term to Expire 8/2002 b. One Alternate Member Position - Unexpired Term to Expire 4/2000 The City Clerk noted that Mr. Connelly had advised that he would be unable to attend but wished to be considered. TAPE II - SIDE II (9:31 p.m.) City Council waived interviews. MOTION by Neuberger/Barczyk "i would like to nominate Thomas Connelly who is a sitting board member qualified to fill the engineer position, I would like to nominate him for reassignment to the next term, expiring (August) 2002." ROLL CALL: Mr. Bishop - nay Mr. Majcher - aye Mayor Wininger - aye Vice Mayor Neuberger - aye Mr. Barczyk - aye MOTION CARRIED 4-1 (Bishop - nay) 7 sepgular City Council Meeting tember 8, 1999 Page Eight 99.009 MOTION by Wininger/Majcher "I nominate Mr. Joseph Morozowski to the alternate member position vacated by Elizabeth Griffith unexpired term to expire 4/2000." ROLL CALL: Mr. Majeher - aye Mayor Wininger - aye Vice Mayor Neuberger - aye Mr. Barczyk - aye Mr. Bishop - aye MOTION CARRIED 5-0 Reerelltjol~ Advisory Board (City Clerk Tr~mittal 8/26/99, One Applicatiorl, Boar;[ List) 1. Formal Appointment of Julie Hogate Sebastian Panthers Representative - Unexpired Term to Expire 12/2000 This item was moved to the consent agenda during Agenda Modifications. 15. OLD BUSINESS A. Schedule Town Hall Meeting (l~xcerpt of 5/5/99 Council Minutes.] MOTION by Wininger/Neuberger "I believe again this item should be postponed to be in coordination with our 75th anniversary and so long as we.do not have a date we can't have any plans. As soon as we have a date for the 75th anniversary I think this item can go back on the agenda. She reiterated the motion for the benefit of Mr. Bishop, "I move to coordinate Town Hall Meeting with the 75th Anniversary of Sebastian meeting and to schedule a Town Hall Meeting for the date we have the 75th Anniversary celebration and Mr. Moore will notify us of the date." ROLL CALL: Mayor Wininger - aye Vice Mayor Neuberger - aye Mr. Barczyk - aye Mr. Bishop - aye Mr. Majcher - aye MOTION CARRIED 5-0 Mayor Wininger turned the gavel over to Vice Mayor Neuberger, called recess at 9:37 p.m. and Vice Mayor Neuberger reconvened the meeting at 9:40 p.m. All other members were present. s;gularCity Meeting Council tcmbcr 8, 1999 Page Nine 16. NEW BUSINESS 99.176 A. 99.177 B. 99.178 C. Approve Sole Source Contract - Randall Tedder Consll~.¢ti0rl II, c, for Main Street Boat Ramp Repoira in the Amount of $44,900 (Public Works Transmittal 8/31/~9) MOTION by Barczyk/Majcher "I'd like to recommend that we approve sole source contract to Randall Tedder Corporation for $44,900 for the Main Street Boat Ramp repairs." ROLL CALL: Vice Mayor Neuberger - aye Mr. Barczyk - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Wininger - absent MOTION CARRIED 4-0 In response to Mr. Bishop, the City Engineer said she could look into accident history for thc ramp. Approve Purchase of N.~ Holland Tractor Model 1720A2 with Attach~ent~ from New Holland No/th America Inc. - State Contract 760-900-9_9-.1 io the Amount of $15,643 (Public Tran$1lfittal 8/30/99, Cost Sheet) MOTION by Majcher/Bishop "I make a motion to approve the purchase of a New Holland tractor model # 1720A2 with attachments per State Contract 76-900-99-1 in the amount of $15,643 for public works." ROLL CALL: Mr. Barczyk - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Wininger - absent Vice Mayor Neuberger - aye MOTION CARRIED 4-0 Approve Purchase of Toro 13reensmaster Mower for Golf Cx)tlrl~ from Hector Turf of Deerfidd Beach - Pompano Beaotl PO (GSA Contract Pricing) in th~}/~m0unt of $15,181.32 (Asst. to City Manager Trarl~mjttal 9/1/99, Cerjan Memo 8/13/99 w/Attachment) MOTION by Barczyk/Neuberger "I move to approve the purchase of Toro Greensmaster Mower from Hector Turf, Co. "(in the amount of $15,181.32) sarCityMeeting Council tomb~r 8, 1999 Page Ten ROLL CALL: Mr. Bishop - aye Mr. Majcher - aye Mayor Wininger - absent Vice Mayor Neuberger - aye Mr. Barczyk - aye MOTION CARRIED 4-0 99.179 Waive Bid Process and Al/I/rove Purchase of Building Permits Manager Soflxvar~.prQgram from Information Management Services in the Amount of $6,295 (13uildirlg Tl'~13mittal 9/2/99, 3 Quotes) MOTION by Bishop/Majcher "I would move to waive the bid process and approve the purchase of Building Permits Manager software from Information Management Services in the amount of $6,295." ROLLCALL: Mr. Majcher - aye Mayor Wininger - absent Vice Mayor Neuberger - aye Mr. Barczyk - aye Mr. Bishop - aye MOTION CARRIED 4-0 Al~provg: (~hange Order #2 to Applied Aquatics, Inc. Colltract for Chemical Treatment of Roads ill Amount of $6,000 (Public Works Tri~nsmittal 9/1/99) MOTION by Barczyk/Majcher "I'd like to move to approve change order #2 with Applied Aquatics for $6,000 for chemical treatment of the roads." ROLL CALL: Mayor Wininger - absent Vice Mayor Neuberger - aye Mr. Barczyk - aye Mr. Bishop - aye Mr. Majcher - aye MOTION CARRIED 4-0 10 SeparCity Meeting Council tember 8, 1999 Page Eleven 99.181/ F. 98.102 A~0xd Bid and Authorize City Manager [9 t~3ecute Contract with Ranger ConstructionIndustrie~5, IncL for ASphaltic Concrete Resurfacing in the Araotol[ of $2,000,000 and for Cold In-Place gecycling to Asphalt Recycling, ~, Io the Amount of $300,000 (Public Works Tr~mittal 9/]/99. Bid Tabulation) MOTION by Majcher/Barczyk "I move to authorize the City Manager to execute a contract with Ranger Construction Industries, Inc. for asphalt concrete resurfacing in the amount of $2,000,000, and for Cold In-Place Recycling and Asphalt in the amount of $300,000." (Motion should reflect "Asphalt Recycling, Inc.'3 ROLLCALL: Vice Mayor Neuberger - aye Mr. Barczyk - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Wininger - absent MOTION CARRIED 4-0 99.182 G. ge~olution No. R-99-47 - Authorizing Al~pli~ation to Florida Development Assist~.e program Grant - Barber Street Sports Complex Enhancement Initiative (Cil~' Milogger Transmittal 9/2/99, R-99-47] A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING CITY MANAGER TO APPLY FOR A FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM GRANT; PROVIDING FOR CONFLICT; PROVIDING FOR E~]~ECTIVE DATE. The City Engineer and Parks Superintendent presented a conceptual site plan. TAPE III - SIDE I (lO:25 p. m.) MOTION by Bishop/Majcher "I'd like to move to approve Resolution R-99-47, authorizing application to Florida Recreation Development Assistance Program Grant Barber Street Sports Complex Enhancement." ROLL CALL: Mr. Barczyk - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Wininger - absent Vice Mayor Neuberger - aye MOTION CARRIED 4-0 ll sepgUlarCity Meeting Council tember 8, 1999 Page Twelve 99.183 H. ¸17. Agreement Between Cikv of ~;e~a~ti~n ~nd Skydive Sebastian - 1999 U.S. Parachute Association Nitli0~al Skydiving Championships (Assistant to Cil~ Martag~r Transmittal 9/2/99. Agreement) MOTION by Majcher/Barczyk "I make a motion that we extend the meeting as needed no more than ten minutes." ROLL CALL: Mr. Majcher - aye Mayor Wininger - absent Vice Mayor Neuberger - aye Mr. Barczyk - aye Mr. Bishop - aye MOTION CARRIED 4-0 Discussion took place on liability insurance; and David Johns and Sal Neglia addressed Council. MOTION by Bishop/Majcher "I make a motion to approve the agreement between the City of Sebastian and Sebastian Skydive, for the' 1999 United States Parachute Association National Skydiving Championships." ROLL CALL: Mr. Bishop - aye Mr. Majcher - aye Mayor Wininger - absent Vice Mayor Neuberger - aye Mr. Barczyk - aye MOTION CARRIED 4-0 Being no further business, Vice Mayor Wininger adjourned the Regular Meeting at 10:40 p.m. Approved at the ,~.~~~(~. Kathryn M(D'Halloran, CMCIAAE City Clerk ,1999, Regular City Council Meeting. 12 City of Sebastian, Florida 1225 Main Street [~ Sebastian~ Florida 32958 Telephone {561) 589-5330 ~ Fax {561) 589-5570 MEMORANDUM To~ Kay O'Halloran,'City Clerk Sally Maio, Deputy City Clerk From: Terrence Moore, City Manager Date: August 28, 1999 Subject: Charter Review Committee Presentation Please include under the presentation section of the September 8th City Council Meeting Agenda, Presentation of Recommendations by the Sebastian Charter Review Committee. Attached you will find a memorandum which outlines proposed amendments to the City Charter. This information should be included in the agenda packet, so that individuals involved (in this case, the City Council) can review the material and be prepared to make specific inquiries accordingly. Chairman Nathan TRM/ Attachment My Documents/Charter Review City of Sebastian 1225 MAIN STREET [::] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 n FAX (561) 589-5570 ME1VIO~U~ TO: FROM: DATE: SUBJECT: The Honorable Mayor of Sebastian The Honorable Vice Mayor of Sebastian The Honorable City Council Members Mr. Terrence Moore, City Manager Nathan McCollum, Chairman Sebastian Charter ReView Committee August 26, 1999 Request For Charter Committee Recommendations Presentation At The Regular Sebastian City Council Meeting Of September 8, 1999. The' Sebastian Charter Committee has completed our review of the Sebastian City Charter. Furthermore, the Committee has conducted two public hearings as required by the Charter. I am happy to report that during the public hearings no opposition was expressed for any of the recommended Charter modifications. I am requesting that I be added to the September 8, 1999, City Council Agenda in order to fulfil our Charter requirements which mandate a report by the Committee to the City Council. After my presentation, I will ask that the City Council instruct the City Attorney to develop the appropriate ordinance for first reading at the September 22, 1999, City Council meeting· I have enclosed the Committee's recommendations which will be discussed during the September 8, 1999, meeting. I look forward to meeting with you on September 8, 1999. CITY OF SEBASTIAN CHARTER REVIEW COMMITTEE PROPOSED AMENDMENTS AS ADOPTED FOLLOWING PUBLIC 'HEARINGS ON 7/26/99 & 8/24/99 Prol~osed Amendment #1: 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 aircrat~, 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 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 fi.om 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) 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 aircrat~, 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 municipal airports; to let or lease to private persons or corporations portiohs 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. Proposed Amendment #2: Delete Section 1.05 to remove special status for nonconforming uses annexed into the City. Section 1.05 is deleted: Any real property upon which a lawful business is being conducted at the time the same is taken into the corporate tet-ritory of the city, during the continuance of the same business it shall: be granted the same privileges, immunities-and exemptions as though any such business had been q:onducted within the city for the time of operation prior to annexation to the city at such location. Prol osed Amendment #3: Amend Sections 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, whosc term expires ia-March, 1994; shall be filled upon such expiration as provided in section 2.06 or,his Cha~-ter. The three (3) councilmember positions to be determined in the year 2001 elec[ion~ shall serve for a three (3) year term. The two (2) coundlmember positions to be delerminedJn the year 2002 elections shalLserve for a fgur (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 i~ not a leap year, and of three (3) coundl members in each odd numbered ~ year. So that it will read as follows: (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. Thereatter, 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 coundl members shall be for two(g) £our (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 council members shall be for four (4) years, or until a successor has been duly elected or appointed and sworn. Section 2.06(0 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 one t-rio 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. 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 ?::c, 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 Amendment #4: Amend Sections 2.04(b) and 4.08(c) to extend dates that election results are declared and new councilmembers take office. Section 2.04(b) is amended as follows: (b) The term of each newly elected council member shall begin on the Monday third regular meeting following the election at a special meeting of the city council to be held for the purpose of swearir}g in such newly elected officials. Ifa regular city council meeting 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: (b) The term of each newly elected council member shall begin on the third regular meeting, 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 first_regular meeting hold a special meeting on the first Monday following the election, receivq 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. Any-oath of office ~-equired to be administcred to the newly elected council members shall be administered at such special city council meeting o~-at the next city-council meeting where the newly elected council members are in attendance. So t, hat 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 &the election and enter them in the minutes of the meeting. Prol~osed Amendment #5: Amend Section 2.05 to increase salary for members of council. Section 2.05 is amended as follows: 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 fifty_ dollars ($450} ($40¢); (2) Vice-mayor: Three hundred 12wo hundred fifty dollars ~ ($2-50); and (3) Council members: Three hundred Onehundred fifty dollars ($300) 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) Mayor: Four hundred fifty dollars ($450); (2) Vice-mayor: Three hundred dollars ($300); and (3) Councilmembers: Three hundred ($300). Proposed Amendment #6: Amend Sections 2.06(b) and 3.04(g) to clarify that mayor signs legislative documents and city manager signs contracts and other business documents. 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 ordinances, resolutions and proclamgl[ion~ oft. he CiBr Council or other ~Jocuments a~ 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: (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 p&ace 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 behalf of the 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 of' the city, which shall also be attested by the city clerk. Prol~osed 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. 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 lhe event a successor is to be elected for the unexpired.term., [he candidates shall run ~p_ecifically for that seal on the council. _However, if there ks_ no general election within a six-month period of the occurrence of the vacancy and the unexl~ire_c! term for the vacant seat exceeds six months, a special election ~hall h.e h~lq[ wish all due haste t_o elect a successor.and the appointee shall serve until the successor is seated at the fir~ regular m~el:ing 9f~he council following.certification 0fthe election resuk~, 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 (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 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 vacancy and the unexpired term for the vacant seat exceeds six months, a special election shall be held with all due haste to elect a successor, and the appointee shall serve until the successor is seated at the first regular meeting of the council following certification of the election results. Prot}osed Amendment #8: 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 filillg_by a sitting member of council 9f a written char. ge that a member has committed conduct violating ~eclion 2,08(b),_the city council mu~ vt~;e whether ~aid qharge would, if proven, c.~n~titute a violation and whether a reasonable basis exists for b~lieving the violation occurred, and_ upon an affirmathte determination by the majority, a special meeting shall be scheduled within thirty (30) days for a hearing on the charge. Altematively. a A member charged by a member of the public with conduct constituting grounds for forfeiture ofhisJher office shall be entitled to a public hearing on demand, and n 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 affirmative determination by the majority, a special meeting shall be scheduled within thirty (30) days for a hearing 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 hearing 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 hearing. Decisions made by the city council under this section shall be subject to review by the courts. Prol~osed Amendment/t9: 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 f~laws: (a) Meetings. Thc 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 vice mayor oF-of three or more any council members. Whenever practical, each council member shall receive at least twelve (12) hours' advance notice of any special council meeting called. Ifg publi~ emergency as defined under Floridg law exists at least three (:3) any council members-deem or charter .officer may call a special meeting to be an emergency meeting, and 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 (12) hour advance notice requirement shall be waived. All city council meetings shall be public meetings, except as otherwise permitted by law. Prol~osed Amendment #10: 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 t'oliows: (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. Prol~osed Amendment #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 without gause pursuant to the terms of an_qmployment 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. Prooosed Amendment #12: 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 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 prov~_n~.cgn~titute a violation_and that a reasonable basis exists for b~li~ving 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 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 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 heating, 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 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 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. Prooosed Amendment #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 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 ~:guncil shall adopt the annual I~udget and capital program, as presented or as modified, by resolution and adopt the city millage rote by 0rdimlnce. 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 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 adopt the city millage rate by ordinance. Prol~osed Amendment tt14: Amend Section 3.09(a) to delete reference to city attomey as legal advisor to mayor to reflect change to manager/council form of govemment. 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, the 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. Prol~osed Amendment #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 determined by the city council. Prol~osed Amendment #16: 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 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 ora non-refundable filing fee as provided ~ sot-by the resolution of the city council, from 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 leasf 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. Provosed 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 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~ o~ne (~1.) member_shall be the city attorney, and the remaining ~ 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 city attorney, and the remaining member shall be appointed by the city clerk. The city clerk shall act as chairperson of the city canvassing board. Prol~osed Amendment #18: Amend Section 4.12(b) to reqtfire a run-offto 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 mn-off election between the ~jed candidates to be held no later than thirty (30) days afl;er the results of the initial election are declared b~t cil~ council lot, conducted by-the city council at the meeting of the city held for the purpose of canvassing the returns of the election, and the results thereogshall be certified in the minutes of suGh meeting by the city clerk. 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 candldates to be held no later than thirty (30) days alter the results of the initial election are declared by city council. Prol)osed Amendment #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 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 securing their votes viq)late the provisions of the Fl.odda Election ~)de, Florida Statues Chapter 104, as now constituted or as amended in the futureL A violation of any of these provisions shall disqualify such candidate fi.om 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 there£oxe may file a written charge with the city clerk, prigr to opening of the meeting in which th~ ~lection results are declared, that specifies an alleged violation of~;his provi$iQn_by a candidate having been elected. The cigt council must vote whether ~said charge 3vould. if proven, constit!~![e a violation and whether a r!~a,~.onable basis exists for believing th{~ violation occurred, and upon an affirmative determination by the majority, a ~ecial meeting shall be scheduled within thirty/.30) days for a hearing on the charge in which the procedure~ Qf~ection 2.09 applyL Upon a finding_by a majority vote ofth$ whole council that a A violation of any of these provisions occurred, such a finding shall disqualify such candidate fi.om 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 fi.om 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 of this 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 fi.om holding office, and the person receiving the majority Proposed Amendment//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 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 magot: shall do so. In the event of the inability or refusal of the city manager mago~ to act within twenty-four (24) hours, the city_ attorney etref of police 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. 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, contracts, certificates of indebtedness, bonds, including obligations heretofore issued or any proceeding heretofore begun for local improvements of thc city shall no~ be impaired, affected or avoided by, th.c adoption-of this Charter, but shall pass to and be-binding on the city created hereby. Further, no actions in thc courts of the state or-the federal government shall be affected by this Charter, and the city hereby created shall succeed in all aspects in all such actions-without the necessity of any legal proceedings by the city. Section 6.02 is deleted: Subject to specific conditions comained herein or authority to create by ordinanee specific conditions, all offices and employees heretofore elected and appointed shall continue to hold their respec6ve offices and discharge thc respective duties thereof under the city hcreby<:reated until their: successors are elected, appointed and qualified under the provisions of this Charter or ordiaances lawfully enacted:.