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Home My WebLink About03202006 Special 01Y Of SE~ ~~..~ HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA SPECIAL MEETING MONDAY, MARCH 20, 2006 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals wi/1 address the City Council with respect to agenda items immediately before deliberation of the item by the City Council 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. MOMENT OF SILENCE 4. ROLL CALL 5. ELECTION MATTERS A. CURRENT CITY COUNCIL 1. Adopt Resolution No. R-06-05 - Certificate of Canvassing Board (City Clerk Transmittal, R-06-05, Certificate) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE MARCH 14, 2006 MUNICIPAL ELECTION; PROVIDING FOR RECEIPT OF CERTIFICATE OF CANVASSING BOARD FOR CITY OF SEBASTIAN; DIRECTING THE CLERK TO ENTER THE RESULTS OF THE COUNCIL ELECTION IN THE OFFICIAL MINUTES OF THE MEETING OF THE CITY COUNCIL; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. B. NEW CITY COUNCIL 1. Investiture of Newly Elected Officials by City Clerk 2. Election of Mayor 3. Election of Vice Mayor 6. CLOSING REMARKS BY COUNCIL MEMBERS/STAFF 7. ADJOURN HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. REGULAR CITY COUNCIL MEETINGS ARE SCHEDULED FOR LIVE BROADCAST ON COMCAST CHANNEL 25. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MA ITER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBA TIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE 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. O!YOf SEB~TL\N ~~~ ~,,>~:'-. ;'~~" ._,,,,,",;,' v. HOME OF PELICAN ISlAND CITY COUNCIL AGENDA TRANSMITTAL SUBJECT: 3/14/06 Election Matters . Resolution No. R-06-05 . Investiture of Elected Officials . Election of Mayor . Election of Vice Mayor AGENDA NO: DEPT. ORIGIN: City Clerk DATE SUBMITTED:3/15/06 MEETING DATE: 3/20/06 EXHIBITS: R-06-05 w/Attached Certificate of CanvassinQ Board A. CURRENT CITY COUNCIL 1) Resolution No. R-06-05 - Certificate of City Canvassina Board In accordance with Section 4.08(c) of the City Charter, "The City Council shall hold a Special Meeting on the first Monday following the election for the purpose of receiving the certificate of the county canvassing board of the returns for Indian River County, Florida, or the city canvassing board, as the case may be. The City Council shall then declare the results of the election and enter them in the minutes of the special meeting. " The Sebastian Canvassing Board certified the unofficial results on March 14, 2006 and will certify the final election results on Monday, March 20,2006 at 8 am. The official results will replace the unofficial results as exhibit to Resolution No. R-06-05 prior to the Special Meeting. Recommended Action: Move to adopt Resolution No. R-06-05. B. NEW CITY COUNCIL 1) Investiture of Newly Elected City Council Members and Seatina at the Dais: Recommended Action: The City Clerk will call each newly elected official to the podium individually to be sworn in (in order - Mr. Neglia and Mr. Paternoster) and then each newly elected City Council member will take his place at the dais after being sworn. In accordance with Section 2.04(b) of the City Charter, "The term of each newly elected council member shall begin on the Monday following the election, at a special meeting of the city council to be held for the purpose of swearing in such newly elected officials. If a regular city council meeting is to be held the Monday following the election, the newly elected officials shall be sworn in at the conclusion of such regular meeting. " Section 4.08(c) continues, "Any oath of office required to be administered to the newly elected council members shall be administered at such special city council meeting or at the next city council meeting where the newly elected council members are in attendance." 2) Election of Mavor Recommended Action: Mayor McCollum will call for nominations, and once nominations are closed, the City Clerk will then call the roll and each Council member shall vote cast a vote for the nominee of their choice. The first nominee that receives a majority of affirmative votes shall be elected mayor. In accordance with Section 2.06 of the City Charter, "...after the seating of any newly elected council members, at the first scheduled city council meeting subsequent to the second Tuesday in March, the new city council shall, as the first order of business, elect a mayor from among its members. The incumbent mayor or in his or her absence, the vice- mayor or in his or her absence, the senior member of city council, shall ask for nominations for mayor. After all nominations have been made, the nominations shall be closed. The city clerk shall then call the roll of the council members and each counci1 member shall cast an affirmative vote for the council member of their choice. The council member that receives a majority vote shall be elected mayor. In the event no council member receives a majority of the votes cast on the first ballot, balloting with sequential roll calls shall continue until a council member receives a majority vote. Council members shall not nominate themselves. Only elected council members shall be eligible for the office of mayor. (1) If there is no mayor seated on the new or existing city council, a temporary city council chairperson may be elected from the incumbent members of the city council for the purpose of electing a mayor as set forth above. (2) In the event there is only one nomination and second for mayor, the nominee shall be seated as mayor. 3) Election of Vice Mavor Recommended Action: The newly elected mayor shall ask for nominations for vice-mayor. The City Clerk will then call the roll on each nominee and each Council member shall vote in the affirmative on nominee of his/her choice. The first nominee that receives a majority of affirmative votes shall be elected vice-mayor. In accordance with Section 2.06(c), "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 year or until his or her successor is elected. The vice-mayor shall be elected using the same procedure as for the election of the mayor. " 2 RESOLUTION NO. R-06-05 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE MARCH 14, 2006 MUNICIPAL ELECTION; PROVIDING FOR RECEIPT OF CERTIFICATE OF CANVASSING BOARD FOR CITY OF SEBASTIAN; DIRECTING THE CLERK TO ENTER THE RESULTS OF THE COUNCIL 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, pursuant to Section 4.05 of the City Charter, the Mayor issued a Proclamation on December 14, 2005, calling for a general election in the City of Sebastian to be held on March 14, 2006; and WHEREAS, the City Council, pursuant to Section 4.07 of the City Charter, adopted Resolution No. R-05-45 on December 14, 2005, specifying Precincts 103, 104, 105, 106, 107, 109,201,203, and 204 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 Council adopted Ordinance No. 0-05-19 on October 26, 2006, which placed a referendum question on the ballot as follows: The city shall not use the power of eminent domain for a project having the purpose of transferring rights in the properties acquired to a private party in pursuit of economic development; and WHEREAS, the City Clerk of the City of Sebastian, pursuant to Section 100.021 of the Florida Statutes, published notice of the general election on December 23, 2005, and January 6, 2006 in the Vero Beach Press Journal, a newspaper of general circulation; and pursuant to 100.342 of the Florida Statutes, published notice of the referendum on February 10 and 24, 2006; and posted the Election Proclamation and notice of the general election on the official announcement board located at City Hall; and WHEREAS, at the close of qualifying on January 27, 2006, four candidates had qualified for the two, two-year seats; and WHEREAS, the City Canvassing Board, comprised of the City Clerk, City Attorney and City Manager have canvassed the election results in accordance with the City Charter. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. DECLARATION. The City Council of the City of Sebastian, Indian River County, Florida, hereby accepts the returns provided by the City Canvassing Board for the general election, held on March 14, 2006, in Precincts 103,104,105,106,107,109,201,203, and 204, as attached hereto as Exhibit "A". SECTION 2. RECORDING. The City Clerk is hereby directed to enter the results of the Council election in the official minutes of the City Council meeting during which this Resolution is adopted and to forward the Charter Amendment to the Department of State and provide for its inclusion in the City Charter. SECTION 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 4. EFFECTIVE DATE. This resolution shall take effect immediately upon its passage. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Nathan B. McCollum Vice Mayor Brian Burkeen Council Member Andrea Coy Council Member Lisanne Monier Council Member Sal Neglia 2 The Mayor thereupon declared this Resolution duly passed and adopted this 20th day of March, 2006. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Nathan B. McCollum, Mayor Sally A. Maio, MMC - City Clerk (SEAL) Approved as to Form and Content for Reliance by the City of Sebastian Only: Rich Stringer - City Attorney 3 CERTIFICATE OF CANVASSING BOARD UNOFFICIAL RETURNS CITY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA We, the undersigned, members of the dilly constituted Board of Canvassers for the City of Sebastian, Indian River County, Florida, do hereby certify that we met in the office of the Supervisor of Elections on the 14th Day of March, A.D. 2006 and proceeded to publicly canvass the votes . given for the offices herein specified at the Municipal General Election on the 14th Day of March, A.D. 2006, as shown by the returns on file in the office of the Supervisor of Elections. We hereby certify from said returns as follows: For Two Year City Council Member Term, the whole number of votes cast was S; 51 to , of which number I (VOTE FOR NO MORE THAN TWO) LISANNE MONIER RECEIVED 95'-1 SALNEGLIA RECEIVED l; 723 AL PATERNOSTER RECEIVED 0 Lf90 EUGENE WOLFF RECEIVED /1 3 tf~ VOTES VOTES VOTES VOTES For CITY OF SEBASTIAN REFERENDUM, Amending Section 1.02(11) , concerning emin~nt domain power. Shall the City of Sebastian amend the City Charter to add the following provision? "The city shall not use the power of eminent domain for a project having the purpose of transferring rights in the properties acquired to a private party in pursuit of economic development" YES FOR APPROVAL NO FOR REJECTION ([)-ffi (. i ~ I c-ertifico.:h'on of ~flVa.S5if1j hOCLrd. ~t II be- provid.ed monda-y PI"', Dr +0 +h e.. m ee-ti fl:J RECEIVED 21 lf9!o 332 VOTES VOTES r, Sebastian City Manager vass g Board Member