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Home My WebLink About10112006 HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, OCTOBER 11, 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 will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council 06.024 06.023 1-6 7-16 06.154 17-30 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE LED BY COUNCIL MEMBER NEGLIA 3. INVOCATION BY FATHER MORRISSEY, ST. SEBASTIAN CATHOLIC CHURCH 4. ROLL CALL 5. AGENDA MODIFICATIONS (ADDITIONS ANDIOR DELETIONS) Items not on the written agenda may be added only upon a unanimous vote of City Council members (R-05-26) 6. PROCLAMATIONS. ANNOUNCEMENTS. PRESENTATIONS A. Certificate of Appreciation to Kari Lanning for Construction Board Service B. Certificates of Appreciation to Code Enforcement Members: Ron VanBuskirk, Howard Brauer, Steve Lincoln, Clarence Barton, Barbara Beck, David Johns, Carl Anderson, Ed Dodd 7. 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 City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. A. Approval of Minutes - 9/20/06 Special City Council Meeting B. Approval of Minutes - 9/27/06 Regular City Council Meeting C. Consideration of Legal Fees for Council Members Coy & Neglia (Invoices) 06.062 31-84 8. COMMITTEE REPORTS/RECOMMENDATIONS - none. 9. PUBLIC HEARING Procedures for public hearings (R-05-26) . Mayor opens hearing · Attorney reads ordinance or resolution . Staff presentation . Public input . Staff summation . 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 Public HearinQ and Final Adoption of Proposed Charter Amendments for Placement on March 13. 2007 General Election Ballot A. Ordinance No. 0-06-09 - Proposed Charter Amendment Question #1 (City Clerk Transmittal. Ordinance Nos. 9-19. LeQal Ad. Website Information, Channel 25 Information) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND SECTION 1.02(1) OF THE CITY CHARTER TO RESTRICT THE CITY'S ABILITY TO PURCHASE LAND; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. B. Ordinance No. 0-06-10 - Proposed Charter Amendment Question #2 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE 2.06 OF THE CITY CHARTER TO PROVIDE FOR SUCCESSION TO THE OFFICES OF MAYOR AND VICE-MAYOR; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. C. Ordinance No. 0-06-11 - Proposed Charter Amendment Question #3 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND SECTIONS 2.03 AND 2.06 (a) and (c) OF THE CITY CHARTER TO CHANGE ELECTIONS TO NOVEMBER; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. D. Ordinance No. 0-06-12 - Proposed Charter Amendment Question #4 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND SECTION 2.05 OF THE CITY CHARTER TO INCREASE COUNCIL SALARIES; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. 2 E. Ordinance No. 0-06-13 - Proposed Charter Amendment Question #5 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND SECTION 2.12(a) OF THE CITY CHARTER CONCERNING TIME AND NOTICE REQUIREMENTS FOR SPECIAL MEETINGS; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. F. Ordinance No. 0-06-14 - Proposed Charter Amendment Question #6 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND SECTION 3.01 OF THE CITY CHARTER TO REMOVE CONFLICTS WITH THE COUNCIL/MANAGER FORM OF GOVERNMENT; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. G. Ordinance No. 0-06-15 - Proposed Charter Amendment Question #7 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND SECTION 3.06 AND DELETE SECTION 3.07 AND 3.08 OF THE CITY CHARTER TO PROVIDE FOR A POLICE DEPARTMENT BUT RESOLVING CONFLICTS WITH COUNCIL/MANAGER FORM OF GOVERNMENT; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. H. Ordinance No. 0-06-16 - Proposed Charter Amendment Question #8 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND SECTION 3.09 OF THE CITY CHARTER TO REMOVE PROVISIONS IN CONFLICT WITH CHARTER OFFICER AUTHORITY OF CITY ATTORNEY; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. I. Ordinance No. 0-06-17 - Proposed Charter Amendment Question #9 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO DELETE SECTIONS 4.05, 4.10 AND 4.11 AND AMEND SECTIONS 4.02 AND 4.07 OF THE CITY CHARTER TO COMPLY WITH STATE ELECTIONS LAW; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. J. Ordinance No. 0-06-18 - Proposed Charter Amendment Question #10 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND SECTION 5.03 OF THE CITY CHARTER TO SHORTEN THE CHARTER REVIEW CYCLE FROM SEVEN TO FIVE YEARS; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; 3 ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. 06.151 85-89 The followinQ is public hearing and final adoption - not a charter amendment K. Ordinance No. 0-06-19 - Council Expense Account (City Clerk Transmittal, 0-06-19) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 2, REGARDING COUNCIL EXPENSE AND CITY TRAVEL POLICIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. (PJ 10/1/06) 10. 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 11. OLD BUSINESS 12. NEW BUSINESS 06.153 91-95 A. Richard Frank of Kin Music Productions Request for Use of Barber Street Sports Complex Football Field for Concert on October 21, 2006 from 6 pm to 9 pm - Sale of Food and Pizza - All Proceeds to Local Thanksgiving Food Baskets (Parks Transmittal, Kin Music Productions Letter, Park Use Application) 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Mr. Paternoster B. Mr. Neglia C. Mayor McCollum D. Mr. Burkeen E. Ms. Coy 17. ADJOURN (All meetings shall adjourn at 10:30 pm unless extended for up to one half hour by a majority vote of City Council) 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 MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MA Y 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 COORDINA TOR AT 589-5330 A T LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Upcoming Meetinas: October 25, 2006 - 7:00 pm - Regular Council Meeting November 8, 2006 - 7:00 pm - Regular Council Meeting December 13, 2006 - 7:00 pm - Regular Council Meeting 4 HOME OF PELICAN ISLAND MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING WEDNESDAY, SEPTEMBER 20, 2006 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA PURPOSE: FINAL PUBLIC HEARING AND ADOPTION OF MILLAGE AND FY 2006-2007 BUDGET 1. Mayor Burkeen called the Special Meeting to order at 6:25 p.m. 2. The Pledge of Allegiance was recited. The Mayor's request to have Mr. McCollum participate by telephone was approved with a MOTION by Mr. Neglia and SECOND by Mr. Paternoster with a voice vote of 4-0 3. ROLL CALL City Council Present: Mayor Brian Burkeen Council Member Andrea Coy Council Member Nathan McCollum (by telephone) Council Member Sal Neglia Council Member AI Paternoster Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Finance Director, Shai Francis Airport Director. Joe Griffin MIS Systems Analyst, Barbara Brooke CD Special City Council Meeting September 20,2006 Page Two 06.100 4. FINAL PUBLIC HEARING AND ADOPTION - MILLAGE AND FY 2006/2007 BUDGET A. PUBLIC INPUT ON FY 2006/2007 BUDGET Chuck Lever recommended Council salary increases of $100.00 for each member and expense account of $50 per month; and without reservation supported three new police officers; suggested the installation of parking meters to increase City revenue and ban parking during certain hours. James Morrison said an Environmental Planner is not needed at this time, but we do need additional police officers; discussed the $20,000 budgeted for a dog park noting we still have swale problems the $20,000 could be used for. Mayor Burkeen pointed out the dog park funds come from recreation impact fees. B. COUNCIL DELIBERATION AND AMENDMENT OF ADOPTED TENTATIVE BUDGET IF NECESSARY Mr. Paternoster cited page 103, Public Works Department, performance measures, road service calls were one per day and average price is $75 to $100 in the business world, which averages $18,000-24,000 a year that could pay for another position or perform additional maintenance. Mr. Paternoster asked about the increased levels of repairs on outsourced repairs. The City Manager explained it related to fixing heavy equipment such as excavators and backhoes. Mr. Paternoster asked if the outsourcing is farmed out to many qualified shops. The City Manager said it is dependent on what type of breakdown or what is needed. Mr. Paternoster asked if all alignment jobs go to one shop and said he would like to see all repair shops in the area get piece of lithe pie." The City Manager said under the new procurement procedures, the best bargain is sought with local vendors. Mr. Paternoster asked about page 136, the 57.87% transportation allotment which the City Manager explained is special revenues allocated for different projects to include Barber Street, Taxiway C and Easy Street. Mr. Paternoster asked if the $1500 Training and Education is for all technicians for one year and the City Manager said yes. Mr. Paternoster said this should run about $2,100-3,500 per technician according to the Automotive Society of Engineers. The City Manager did not think the figure was too low. Mr. Paternoster suggested more training to decrease the outsourced repairs. (j) 2 Special City Council Meeting September 20, 2006 Page Three Ms. Coy reiterated the dog park revenue is from recreational impact fees and was not added in, but was switched from the mooring field, is not cut in stone and can be switched again if necessary, that the Environmental Planner is being shared with Building Department and Growth Management and will be dual certified and if down the road construction slows down, the job description will be modified. She pointed out two years ago Council said they would look into an Environmental Planner and now they are doing so. She said she wished we could commit to more officers but is committed to the rolled-back rate. Mr. McCollum said he is proud of Council because members campaigned for and provided a tax break for the residents. Mayor Burkeen said the budget provides for two full-time police officers but this has been a hot topic in his house and he proposed that one be funded at a full year and two at a half-year. Additional monies needed for this would come from DST and not impact the budget. Mayor Burkeen commended the City Manager and staff for bringing a fiscally responsible budget, and said the Charter amendment that is asking to increase Council salaries is extreme and proposed allocating $200 per month car allowance for Council out of contingency funds. The City Manager said if you call it an expense you could do that. Mr. McCollum said he would agree with salary increases and a car allowance because employees are reimbursed for travel. He asked how adding two officers after six months will balance out in future budgets. The City Manager said he would like to run this by the Chief but his only hesitation is that the future growth rate may not be able to continue to support these officers which haven't been planned for. Mr. McCollum said he has no doubt that when we get to the 2008 budget workshop that more officers will be needed. Mr. Neglia said he likes the Mayor's suggestion, but was afraid of less residential growth next year. Mr. Neglia asked about a transfer of airport operating fund on circle page 14 and the City Manager explained it was a budget summary which shows transaction history. @ 3 Special City Council Meeting September 20, 2006 Page Four Mr. Neglia asked about the $ 931,156 for the Community Center and the City Manager explained it was DST monies allocated for after the cost of Collier Creek bulkhead repair is realized. Mr. Neglia asked if the Barber Street realignment was the same scenario and the City Manager said it was. Mr. Paternoster pointed out on page 159, residential permits projected were 1200 and the actual amount was 788 so the budget should grow. He thanked the Mayor for his police officer staffing suggestion. Mr. Neglia thanked the Finance Director, Shai Francis for a good, easy to understand budget. C. PUBLIC ANNOUNCEMENT OF MILLAGE TO BE LEVIED - 3.0519 MILLS The Mayor stated the millage to be levied. 1-5 D. ADOPT RESOLUTION NO. R-06-21 - Millaae Rate for Calendar Year 2006 - (Finance Transmittal. DR 420 Certification of Taxable Value. R-06-21 ) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A MILLAGE RATE OF 3.0519 MILLS FOR THE CALENDAR YEAR 2006; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Manager stated said the Chief preferred to have two officers now. Mr. Paternoster stated it is better to start two officers now from his past work experience. The City Manager asked that the staffing be on the Sept. 27th agenda for discussion with the Chief present, but that Council approve the millage rate tonight which will not change any numbers. On a MOTION by Mr. McCollum with a SECOND by Ms. Coy, the millage rate was approved with a roll call 5-0. 7-16 E. ADOPT RESOLUTION NO. R-06-22 - Final Adoption of Fiscal Year 2006/2007 Budoet - Final Public Hearina and Final Adoption (Finance Transmittal. R-06-22, Schedule A) @ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2006 AND ENDING SEPTEMBER 30, 2007; MAKING APPROPRIATIONS FOR THE PAYMENT OF OPERATING EXPENSES, CAPITAL EXPENSES, AND FOR THE PRINCIPAL AND INTEREST PAYMENTS OF THE BOND AND OTHER INDEBTEDNESS OF THE CITY IN THE CITY'S GENERAL FUND, SPECIAL REVENUE FUNDS, DEBT SERVICE FUND, CAPITAL IMPROVEMENT FUNDS, GOLF COURSE FUND, AND AIRPORT FUND, AND BUILDING DEPARTMENT FUND AS PROVIDED FOR IN SCHEDULE "An ATTACHED HERETO, 4 Special City Council Meeting September 20,2006 Page Five ESTABLISHING AUTHORITY OF THE CITY MANAGER TO IMPLEMENT THE BUDGET; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. City Attorney read the Resolution by title. On a MOTION by Mr. McCollum with a SECOND by Mr. Paternoster, Resolution No. R-06-22 was adopted with an amendment of $200 per month for each Council member as a car allowance from reserves. , Mr. Paternoster asked why we could not use the money funded for a Public Works Director for two officers and the City Manager explained he was not in a position at this time to recommend operating Public Works without a director. Mr. Paternoster stated because no one has been hired for five years in the Public Works Department and the Department is working, he amended the motion to hire two officers instead of a director, but it died for lack of second. The Mayor said it is ludicrous to go against the staffing recommendation of the City Manager. Ms. Coy concurred with the Mayor and pointed out any money saved during the unfilled time can be given to the Police Department. Mr. Paternoster asked Ms. Coy if she would be willing to give up the Environmental Planner for a police officer, and she said no. Resolution No. R-06-22 passed with a car allowance of $200.00 a month for each member on a ROLL CALL vote of 5-0. 5. OTHER FISCAL MATTERS 17-29 A. ADOPT RESOLUTION NO. R-06-20 - ADOPTING MODIFIED FINANCIAL POLICIES (Finance Transmittal. R-06-20. Attachment) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ADOPTING AMENDED FINANCIAL POLICIES GOVERNING VARIOUS AREAS OF BUDGET AND FINANCE AS PROVIDED FOR IN ATTACHMENT "1"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Manager explained this increased the general fund reserve from 15 to 25% and he recommended that an addendum that this year Council is waiving the financial policy for the contingency policy for one year only. Mr. Gilliams thought a public hearing was not held on the millage rate but the City Attorney pointed out the whole meeting related to the millage rate and was considered a public hearing. @ 5 Special City Council Meeting September 20,2006 Page Six On MOTION by Mr. Neglia and SECONDED by Ms. Coy, the modified financial policy (R-06-20) was adopted on a roll call vote of 5-0. 6. Being no further business, Mayor Burkeen adjourned the Special Meeting at 7:20 p.m. Approved at the October 11, 2006 Regular City Council Meeting. Brian Burkeen, Mayor ATTEST: Sally A. Maio, MMC - City Clerk G) 6 ~ ~~.~ HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, SEPTEMBER 27,2006 -7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. The Mayor called the meeting to order at 7:00 p.m. 2. Council Member Coy led the Pledge of Allegiance. 3. Reverend Ellie Lea, First Presbyterian Church of Sebastian gave the invocation. 4. ROLL CALL City Council Present: Mayor Brian Burkeen Council Member Andrea Coy Council Member Nathan McCollum Council Member Sal Neglia Council Member AI Paternoster Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Human Resources Director, Debra Krueger Police Chief, Jim Davis Deputy City Clerk, Jeanette Williams MIS Systems Analyst, Barbara Brooke Parks Superintendent, Chris McCarthy 0) Regular City Council Meeting September 27, 2006 Page Two 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a unanimous vote of City Council members (R-05-26) On MOTION by Mr. McCollum and SECOND by Mr. Neglia the agenda was approved on a voice vote 5-0. 6. PROCLAMATIONS. ANNOUNCEMENTS. PRESENTATIONS A. Certificates Honorina Kathleen Kowanic and Familv and Officer Tom Poore - Labor Dav Sea Turtle Rescue Attempt Mayor Burkeen requested Mr. Paternoster to present the certificates and commended the Kowanic family and Officer Tom Poore for their efforts to try to save a sea turtle. Indian River Shores Officer Chris Vann who was not present was also commended for his role in the rescue. 7. 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 City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 1-6 A. Approval of Minutes - 9/7/06 Special Meeting Approval of Minutes - 9/13/06 Regular Meeting 7-25 B. 06.146 27-36 c. Authorize the Purchase of One Chevrolet Trail Blazer 4x4 from Alan Jay Chevrolet, Inc. in the Amount of $26,916.00 for Police Dept. Boat Based on Florida Sheriff's State Contract #04-12-0823 (PD Transmittal, Bid Award Info) 06.147 37-40 D. Approve Marine Resource Council Brown Bag Lunch Educational Sessions at Riverview Park Pavilion on 9/26/06, 10/27/06, 11/24/06, 12/29/06, 1/26/07, 2/23/07 & 3/30/07 - Waive All Fee For Use of Pavilion (Parks Transmittal, Letter, Application) Mr. Neglia removed item C. On a MOTION by Ms. Coy, and SECOND by Mr. Neglia, consent agenda items A, B and D were approved on a voice vote of 5-0. Item C Mr. Neglia asked why a V8 engine was needed. (j) 2 Regular City Council Meeting September 27,2006 Page Three The Chief of Police responded that it was most appropriate for hauling the boat up the ramp. On MOTION by Mr. Neglia and SECOND by Ms. Coy item c was approved on a roll call vote of 5-0. 8. COMMITTEE REPORTS/RECOMMENDATIONS 06.024 41-60 A. Construction Board - Four Positions (City Clerk Transmittal, Code, Applications, List, Ad) i. Interview Unless Waived, and Submit Nominations for the following: -Regular Member, Contractor Position to expire 9/30/09 -Regular Member, Contractor Position to expire 9/30/09 -Regular Member, Engineer/Architect Position to expire 9/30/09 -Regular Member, Plumber Position to expire 9/30/09 The City Clerk noted Mr. Morris had verbally requested this week to be considered for reappointment to his regular member contractor position. City Council interviewed Mr. Widup and Mr. Hosey. On MOTION by Mr. Neglia and SECOND by Mr. Paternoster, appointments were made as follows: Mr. Garland appointed to regular plumber position, Mr. Widup to Engineer/Architect position, Jim Morris to Regular Contractor position, and Mr. Hosey moved up to Regular Contractor position, with all terms to expire 9/30/09 on a voice vote of 5-0. 9. PUBLIC HEARING - none 10. 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 None. 11. OLD BUSINESS 06.148 A. Police Department StaffinQ (No Backup) Chief Davis said he would agree with Council's recommendation for one full time officer at this time and two full time officers to start in March. Mr. Paternoster cited articles from the Hometown News and today's Press Journal regarding new crimes in Sebastian and Indian River County, demonstrating the need for more officers. r;;.. '. ~ 3 Regular City Council Meeting September 27, 2006 Page Four 06.149 61-75 @ The City Attorney recommended Council direct staff to come back with a resolution to amend the adopted budget, but the City Manager said he felt comfortable with a motion to direct him to move the personnel numbers within the budget and perhaps report it in the first quarter budget amendment. On MOTION by Ms. Coy and SECOND by Mr. Paternoster, Council approved the Police Department staffing requirements for next year's budget to hire one new full time police officer on October 1, 2006 and hire two new full time police officers in March 2007 on a roll call vote of 5-0. B. Guv Cormier- Water Line Installation Lien Reduction Reouest (City Manaoer Transmittal & Miscellaneous) The City Manager said Mr. Cormier was not present and briefly updated Council on the issue whereby he was requesting a reduction of the lien interest. He said this is the last of 200 liens to be paid. He said this item was placed on this agenda based on the Cormier's request, and he will take action as Council sees fit. In response to Mayor Burkeen, the City Manager reported that no other liens were reduced. In response to Ms. Coy, the City Manager said the address was obtained from the Property Appraiser's Office. The City Attorney said the letters were returned because the Cormier's did not change their address. Ms. Coy said it was her inclination to turn down the request to reduce the interest. Mr. Neglia read from correspondence sent to the Cormiers. The City Attorney said a mass mailing was done to delinquent payees at that time and all but this one paid up. Mr. Neglia then read from a letter from the County, which states that he does not have access to the waterline. The City Attorney explained the attempted installation of the meter and an existing easement to reach the meter. Mr. Paternoster said Mr. Cormier said he would be unable to be here for this meeting, noted there was no indication of registered mailings, and noted there are some circumstances that might be considered to give him a little bit of a break. On MOTION by Mr. McCollum, and SECOND by Ms. Coy, the Cormier request was denied on a roll call vote of 5-0. 4 Regular City Council Meeting September 27, 2006 Page Five 06.085 77-83 C. Sebastian Sharks Football Lease (September 13, 2006 Backup) The City Attorney distributed two revised pages (one and two) of the five-year use agreement (see attached), citing his reasons for changing the old Barber Street Sports Complex leases to use agreements. He reviewed some of the provisions of the agreement. Chuck Scala, Vice President Sebastian Sharks, thanked Council. The City Attorney said the Little League and Soccer leases are outdated and will be brought back as use agreements in the near future. Mr. Paternoster requested that they be required to provide the insurance policy to the City. Mr. Scala said they have never carried insurance on the building. Mr. Paternoster asked if there was an unfortunate accident, could the City be held liable. The City Attorney advised the building is covered by the City's casualty policy. The City Manager stated the indemnity clause will protect the City from their use of the City's facility. Because the soccer and baseball agreements will soon come before Council, Ms. Coy asked that the City be consistent with the insurance requirement. The City Attorney advised that language referencing insurance of the concession stand be eliminated but the Sharks shall still carry liability insurance. On MOTION by Ms. Coy, and SECOND by Mr. Paternoster, the Sebastian Sharks Use Agreement was approved, as revised as follows: Paragraph V. Insurance - remove first two sentences on page 1 and 2 provided by the City Attorney on a roll call vote of 5-0. 12. NEW BUSINESS 06.150 85-127 A. Authorize Execution of Collective Bargaining Agreement Between the City of Sebastian & the Communication Workers of American. Local 3180 (HR Transmittal. Contract Chances) The City Attorney reviewed the proposed agreement provisions. Bucky Gerber, Vice President, Communication Workers of America, Local 3180 (CWA), said although the CW A supported the proposed agreement, its members voted down the agreement today and stated reasons for the denial, cited that the increases requested for 95 employees would amount to $12,000 and the CWA questioned how Council quickly gave seven crossing guards increases that totaled $12,000 with little discussion. He said Management had told the CW A that Council had a problem with promoting existing employees and this sends a bad message to the employees. He cited other government entities where employees received higher COLA and merit increases than what is proposed for Sebastian employees. C- 0J 5 Regular City Council Meeting September 27,2006 Page Six @ Ms. Coy asked him what other entity provides 40 hours of compensation for working 37.5 hours. Mr. Gerber said this was a gift from a previous Council and the City Manager said the 2.5 hours was provided as bargained for previously and it is fair game to negotiate. Mr. Gerber said if Council wanted that provision back, they would have to bargain for it, noting when the City needs help, it calls its employees. He said the union came way down from its original proposal but the City did not, and reminded Council that the Clambake is coming. Mr. Neglia stated he resented the Clambake threat and that Mr. Gerber is not negotiating properly. Linda Lohsl, 17 year City employee, asked when she works for the Clambake, should she be putting down 37.5 hours rather than 40 on her time sheet; and spoke on behalf of the skateboard attendants, tennis court attendants, and golf course attendants, all part-time employees who should be treated the same as the crossing guards. She said she was not representing CW A when she spoke on the part-time temporaries. Nancy Veidt said the reason the temporary employee issue was in the contract was because the employees are not treated fairly as some employees and have not received a raise in three years. Steven Jennings said the 37.5-hour workweek is based on the fact that most of its employees don't take an hour lunch or take breaks because they are dedicated. He said long-term employees work hard for the City, and the majority of the outsourced rear-ditch work is being done with City backhoes, and the City could hire 25 City employees for less money they are paying for the outsourced ditch work. The City Manager explained about two weeks ago management tentatively agreed to a contract, which was brought to the bargaining unit and turned down. He said tonight is Council's opportunity to review the contract. He said if the contract was ratified, a resolution would have been drawn up and the contract signed; however now it will go back to the table to pinpoint specific issues. If an impasse was reached, a special magistrate could be brought in to mitigate, then brought to Council but the magistrate was declined by both parties. He said again, because management initiated the impasse, both parties should go back to the table and if an agreement cannot be reached, it will come back to Council to impose a contract. He concluded the outcome will be reported to Council. Mr. McCollum noted crossing guards had not received a raise for seven years, and read from a September 25, 2006 memo provided to Council prior to this meeting at his request by the City Manager which details the City Manager's responses to Mr. McCollum's questions relative to employee issues (see attached). He said nothing was offered to management by the CWA during bargaining, that employees are paid for 40 hours and only have to work 37.5 hours. He said the two issues Council objected to were including part-time employees in the bargaining unit and that only collective bargaining unit employees can be considered for in- 6 Regular City Council Meeting September 27,2006 Page Seven house openings. He said the union negotiating team agreed with everything but these two issues. He said there is an application process for the temporary employees to join the union through the Public Employee Relations Commission and if there isn't enough time for in-house employees to apply for an upgraded position, perhaps that could be addressed by management. Ms. Coy said she has no doubt that the City has some of the finest employees but Council has worked hard to maintain their benefits, and asked Mr. Gerber to review his presentation at a later time and look at his body language. She said Council is still willing to negotiate. Mayor Burkeen said the City Manager has a marching order to go back to the table. The City Manager began to discuss the history of this negotiation and Mr. Paternoster called a point of order citing the bargaining should not be conducted at the dais. Mayor Burkeen called recess at 8:45 p.m. and reconvened the regular meeting at 8:55 p.m. All. members were present. 06.151 129-132 B. First ReadinQ of Ordinance No. 0-06-19 - Addina Additional $200 to Council Expense Account - Set Public Hearina for October 11, 2006 (City Clerk Transmittal. 0-06-19) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 2, REGARDING COUNCIL EXPENSE AND CITY TRAVEL POLICIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. The City Attorney read the title of the Ordinance. Mr. McCollum suggested in an effort to keep Council consistent with what Charter Officers receive for a car allowance, the expense account should total $300. a month for each member. Mr. Paternoster asked if this would affect other travel reimbursements. The City Attorney stated that he and the City Manager do not receive travel reimbursements because of their car allowance; however, Mr. McCollum said Council should still receive reimbursement if they use their own vehicle beyond 75 miles. On MOTION by Mr. McCollum and SECOND by Mr. Neglia, Ordinance No. 0-06-19 was adopted as amended to add $250 to the existing $50 expense account on a roll call vote of 4-1. (Burkeen-nay) 13. CITY ATTORNEY MATTERS 06.096 A. Appoint Special Master @ 7 Regular City Council Meeting September 27,2006 Page Eight The City Attorney recommended David Hancock and requested approval to send him a letter inviting him to be the Special Master at $100 per hour with ability to terminate at will. The City Attorney said he did not advertise but spread the word through the local bar. Mr. McCollum asked why the letter was not provided to Council in its packet if it was dated September 14th. Mr. Paternoster agreed that he would like to have seen this in the packet, and suggested Mr. Hancock be invited to attend a Council meeting to be interviewed. The City Attorney said the Special Master is appointed by the Council, but is administered through his office; and would not work under the Growth Management Director because Growth Management brings the cases forward; noting he had solicited ten people and received only this resume. Mr. Paternoster recommended advertising in the newspaper. The rest of the Council agreed, and the City Attorney suggested the Bar News. He was given a sixty-day timetable. 14. CITY MANAGER MATTERS None. 15. CITY CLERK MATTERS 06.152 133-134 A. Report - Adiustment of Duplication Costs for DVDs. CDs. VHS and Audiotapes (Memo) There were no objections to the new rates of $5.00 for DVD and CD, $3.00 for audiotape, and $10.00 for videotape copies. 16. CITY COUNCIL MATTERS @ A. Ms. COY Ms. Coy invited anyone interested to contact her regarding the 'Walk to Remember" for Alzheimer's B. Mr. Paternoster Mr. Paternoster stated he had been in contact with several heavy equipment leasing companies that lease for two years at a time, send out mechanics for repair service, bring replacement equipment, which may be considerably cheaper than buying new equipment. He directed the City Manager to check into this possibility. City Council agreed to have the City Manager look into it. 8 Regular City Council Meeting September 27,2006 Page Nine He also recommended creating a standard operating procedure manual for Code Enforcement. The City Manager said he was willing to look into it, noting the officers are driven by the Code and react to current issues, which change frequently. C. Mr. NeQlia In response to Mr. Neglia, Mr. Paternoster reported some of the heavy equipment lessors are local, within a fifty-mile radius. Mr. Neglia thanked the City Manager for the light on the fishing pier. He suggested a Council team for the "Walk to Remember." He asked if private businesses can advertise on our local channel 25 and was informed the adopted public broadcasting policy prohibits such advertising. 06.153 i. Indian River Leaaue of Cities Mr. Neglia said the Council of Public Officials originally wanted an Indian River League of Cities but is now interested in a Treasure Coast League of Cities, noting it does not include Palm Beach County. The other members of Council said they would be interested in an Indian River County League of Cities but not a regional League of Cities. The City Manager explained regional Leagues which are helpful for lobbying issues and focus on regional issues, and the Council of Public Officials decided that an Indian River County League would be too small and have no clout. Mayor McCollum said our county's issues would get lost in Martin and St. Lucie County voting blocs. Mr. Paternoster agreed with Mr. McCollum. Mayor Burkeen said for $300 per month, Sebastian would be represented. Ms. Coy said she would like a copy of Mr. Neglia's packet he referred to. A MOTION was made by Mr. Paternoster to table this, SECONDED by Ms. Coy failed on a roll call vote of 3-2. (McColl Neg Burkeen-nay) A MOTION was made by Mr. McCollum to not apply to the Treasure Coast League of Cities with a SECOND by Ms. Coy passed on a roll call vote of 3-2. (Mr. Neglia, Mr. Burkeen- nay) @ 9 Regular City Council Meeting September 27,2006 Page Ten D. Mr. McCollum Mr. McCollum reported that he will be in Tallahassee for the October 11th meeting due to his employment and plans to lobby for derelict vessel and PSAP grant funding. Because he will miss the adoption hearing of the charter amendment ordinances, Mr. McCollum recommended that the council salary ordinance state, "Council's annual salary will be increased by the annual COLA increase offered to every employee." E. Mayor Burkeen The Mayor reported that Sebastian River High School contacted the City Manager's office for advertisement support and was turned down. The City Manager was directed to look into their request. Mr. McCollum requested a written update on the PSAP from Mr. Neglia who is a member of the Emergency Services Advisory Committee. Mr. Paternoster noted that Council often reviews a lot of things with conceptual drawings and perhaps high school students with computers could provide design concepts as a community project. The City Manager offered to look into it. Ms. Coy suggested also checking with the Indian River Community College to have students provide drawings. 17. Being no further business, the Regular Meeting adjourned at 9:43 GJ 10 $~d 1b:IP 5450 Village Drive Vier~ FL. 32955 (321) 504-0321 phone (321) 504-0320 facsimile Eisenmenger, Berry & Peters, P.A. CONTRACf FOR REPRESENTATION 1. Andrea Coy. hire and hereby retain GREGORY W. EISENMENGER, to represent me with regard to the following criminal charges: Violation of Sunshine Law. Indian River County. This representation will include all legal matters in this criminal case through and including a jury trial, if necessary, and the sealing of records if allowed by law. I understand that Mr. EISENMENGER may select other lawyers or staff to assist in this representation. As PAYMENT FOR THIS REPRESENTATION, I agree to pay Mr. EISENMENGER the sum of $2.500.00 . This amount is to be paid as follows: $ 2.000.00 retainer prior to Mr. EISENMENGER beginning work. ..J $ 500.00 Balance offee. ~This fee is to be paid on or before the sentencing date. It is understood that if the court orders you to enter into Probation, Pretrial Intervention, Pretrial Diversion, PAY, Drug Court or any other court approved program, the legal fee is DUE in FULL on the day you are Sentenced to attend the program. ~ It is your sole responsibility to pay all court costs, fines, probationary costs, restitution or other fees imposed by the court. Initial 0- 'c C- @ ~p ~Regard1ess of whether the case is resolved by dismissal, plea, trial, acquittal or conviction, the legal fee is the same. 'Ibis fee also includes all costs necessary to investigate and properly prepare this case for trial. However, it is understood that this fee does not include an appeal. if one were to become necessary. MY SIGNATURE BELOW, I HEREBY CERTIFY THAT NONE OF TIIE FUNDS WHICH I AM USING TO HIRE THE ATTORNEY WERE DERIVED FROM CRIMINAL ACTIVITY. THE UNDERSIGNED ALL HEREBY UNDERSTAND AND AGREE TO THESE TERMS, CONDITIONS AND FEE AGREEMENT. / glr);~ ~I u) ~ '01':1/ q) ISENMENGER Date @ J ~..- 0'" tS~; - ::~; :t~: ~~f:~i ...."., ~1 E:~~ ~! ~Si~; ~;,~ ~~: ~t;:; i5~~ ~...:..'~ t:~:! - i::t_. .:~~: ~: ::;:t::~ "1~ ::'_. u'"":' t~~ ~~~ :~~J ii;!~ :; 1-1-11.1"':= .... :$'':: t~J"" ..:;1: e~-j 1"'-:-< ffi tfi ~~;. .~~; ,::r,;. t~~ ,;.....,: ....c: -=!to:' .:!':',::. ~"$;. ~~ ~~ .~~"i:' .~= .__i ~f~ 2'2: Ltw: ~..,. .;:~"';..; -..:,.. 0", r>.: ;';~i ~~ ~!:t 0:'. ~~: ~;';1 (....~ Ct-.. ~: '$;;, 0'-.. ["'.1 ____.i~~ .::;::j:. 'f-'~l ;.~~ ~r;~. ;5;~; '-~ ",--.! .-r.:', ~i: ~~~; ~,.~ ~~i ",'-1 .:;:i;:: r......- ;S~~ i-""" I....) l~.";.' t~e ~"i ~: i,...i '~i~1 ...-:--- ;~~~ '.,J:', l.t";, ..:;~. ~1;: i:~~ ::;;;: ~~ :~~ ~~ ~~~ -:~;:. 'I",b ~1t i~t~; 2~i ~ 'k~' ('<:: .....C, I;~:;:' .:.-;;:; ,:;t;:. :;::.::.\ .,..-: ~:;z; 01" ~~. ..~.:; ~~~~ ~""\ ~.j;l" '%rr -="~- ~~~ ~~Ii ;~~ t;~: .~. i.JJ ;:;:;:: ,,1(.1i -:;!,~, >tiJ.. ..;X: .;..,:-. . I t.-::::'! k,.. ;1~'" r--, ::;1;:: -a'l::' I::e:: :!!!: r:.,..::! >< ,:z,~. ~:.i: 4".::::: Ltn! ~:;[ ~~:~ L:t::: 1::::-": ~1~l ~~ C_:: 1--.'. Lu ~-t~ iJ'J i_I-! ...... "'J:: I""" +~~, 0::; lC:, j::;: r~~! ?~ L.U ~2~~ 1~~i :~=~ ~~~~ ~~~ :~j~ ~=i; <I:: ~h~~: <c ~ ti:: ::-H~' t.!~} ~l~i C,,,;: ~ !I'~";'~'" ~! ::..::-.... .......' t---i=. _ ~~ I~::'::; f...-- I:C: ::~: ~~ ;:::~;~! ti~ ~~ ~~~ !.::;.::: ~:.:::. ::~:;: c.~, .::r: ,~;".!:: ~:: i~~ ~; .'.-. :;}.. E~ l::l::': ~=; f~~ !;:;! r.:~ ....... ~,; l::::, fr:: ~i [--. ~3 Uet. D. ZUUIJ II:IIAM KapPel Health Law GrouP, P.L. No.5802 p. 4 CITY OF SeBASTIAN INDIAN RIVER COUNTY, STAT! OF FLORIDA IN RE: Petition for Attorney's Fee. & Coets HON. SALVATORE NEGLIA, City Council Member, Petitioner, I AFFIDAVIT OF A'17TQRNEY'S Fl;ES & CO_r.l STATE OF FLORIDA COUNTY OF INDIAN RIVER BEFORE ME1 the undersigned authority. personally appeared CRAIG M. RAPPEL, who'oy me 'o8ln9 ftrst aury sworn, deposes and says: 1. That Affiant Is over eighteen (18) years of age I and has personal knowledge of the matters recited herein, 2. That Affiant is the undersigned counsel of record in this matter and Is a member of the Florida Bar and has been practicing law for 1 a years. 3. That the Petitioner is entitled to recover from the City of Sebastian pursuant to Sedlon 286.011 (7), Fla. Stats.(2006), as Petitioner was acquitted on the civil infraction vianroon try'COfJJ1"Cy COQrt Judge Joe ~ttfld, pursuantto Section Z66.011'(3)(aJ mad agaJ'nst him in his capacity as a Member of the City Council in and for the City of Sebastian by the OfflCS of I[ne State Attorney in and for 'the 1 rf'- Juc'le'lal Circuit. State of 'Florida, 'In Case No. 2008-14384. 4. As such, Affiant has had experience in actions of the nature involved in this ease as evinced by the attached Exhibit "AII. 6. Affiant is familiar with the amount customarily charged by attorneys and allowed by the Court for attorney's fees In these proceedings. 6. A statement of attorneyts fees and costs is attached hereto and made a part 1 @ un. :). lUUO II: II,AM I'(appel Health Law Group. P.L. No.5802 P. 5 hereof as Exhibit "811. 7. In Amant's opinion. the attached statement reflects reasonable flat rates for the services provided and also reflects a reasonable costs spent to obtain judgment of aoquittal in this case, FURTHER AFFIANT SAVETH NAUGHT C~~~ BEFORE ME personally appeared Craig M. Rappel who Is personally known to ~ me and who executed the foregoing instrument. and aCknowledged to and before me he executed said instrument for the purposes therein expressed, WITNESS my hand and official seaJ this 5th day of October, 200ft f.......H...'........'"I.'.!!I!!!V,~ III Ifj'U8AftI =::..:.n..., . ......,- f .......JW~IIItI.. ...,.t.........t....~!tt!ttAr~.1 ~.- NOTARY PUBI.IC: State of Florida My Commission Expires: 1c/~/2.00o... 2 @ Oct. b. LDUo 11:12AM 2006. PUVIOUS EMPLOYM11;Nr 1998 - 2005 1996.1998 1996w 1996 Rappel Health Law Group, P.L. No.5802 P. 7 CRAIG MARC RAPPEL Member Manaser Rappel 'Health 1"aw. Group, P.L. B~=r lS 1S !Ddian }U'let aQul~d, Suix4 A2.10 Vero Beach. Florida 32960 172.778.8885 .-mall: cmr@npptlheaJ.tbl.aw,cgm Trial Practitioner with emphasis in representing physici8n$. iJ:'O"IIP ~actices md othc healthoaro entit'les in businesa tom, oollect\ons. Cl)~ "law. employmeat law~ iDamance benetitI cw.w. and other _.ar~ 24". l'el4tfA1.m8ttm' ltwludilr8" Htiptkirr in. pra&:ss.ioiW uellity, constltutional and h1.l.tt\an ritbts of 9mliRlta and. feam b.~ entl~tm'I011t pmpl1. beneftci8tIes. co~cti.na. physicim-hoapital relations, fraud lIIId abuse. and se1f-referraJ. "BY" rated 1)y MartWda1..Hub~l1. Extensively involved. in litigation at both the trial a.ncl. appellate llJV$ls ill fedenilllDd atate oourt. as well as administrative bearinp. md t'01'.II18 of arbitration md m~. Shareholder 'lUPPlll & lUppel. PO.A. BrldpHt-eF 1S1~ Indian River Boulevard, Suite A210 Vero Beach, Florida 32960 A..oelatl ' Cian!rogna, 'I-.'Jter, R.eGa, Paherty at And.erson. P .A. 815 ~ Wal:MBfOlZA~wnu. Titusville, Ploridll n780 (321) 269~33 General Trial Practitioner with emphasis in h$l.dlinaUtigBtion on matters of bus mesa related tons, toDS~on law. employIt\ont law. trait ana estateI, otimlna1 \aw, eivil rtghts, p8tsonal ln~ wcrkr'" COl1iI~titm &Wi mlUl&'We Jaw Mhrted m.WtM!. Dfii~ Asaiatant City Attomey for the City of Melbourne, Florlda. R.esponsible tor evaluation, preparation. ane! filing orforfeiture a.cti0I1$ UIl.<lw tM Florida ContxUlmd FCl!.'fciture A.c:l. and. chief lili!CItl ~ Wah the h'~ume 'Police ~ Aasoclate Reimnan" Wattwood, P.A. 182j SoutI1 Ri~1miew Dri~ Me.l.1w.1me. FImida 329Q.l (32~) 768..2001 General Trial ~.. Exhibit A @ Oct. b. i006 11:12A.M 1993 . 1996 1993 - 1996 199~ - 1996 1993 - 1995 1993 - 1995 1988 . 1992 1990 - 1992 1988 . 1990 @ Rappel Health Law Group, P.L, No.5802 P. 8 Anoetate Reln_. HatreU, Oraham. Mna'nell It 'WattwoOd. PA l8:J",< $Qutlz l~i,~' .L'riVlt Mclhoumc. Florida 32901 LitlptlOD DivieiOI1 Lead attorney for setellitc office operations /ngluding mlDagement I)'IRCma development and ~on fa sappott tJffhe &mil' of pOUywWg the- Mshest quaiIty r.pt counHt an me most ap~ 1mJi'1~\eM~ w;wsible. Moni~v.nd eX'p44iud ~ p~ and daily workload ofpuale.Pls and 5~ort staft CIVIL LITIGATION SEcrrON Leaa' counsel 1b. Commercial rJn8a'don $QSilQuon and ~ivefy involved in constrw:tion Caw, ~ and\merna.~ b~ QOll~ ~ alien ftm.cloautU. ~ disputes, CNditm rights and frluduleat ISlet tnmlfers, empw,ment law with emphuJ$ln national security clearance tD8tter11Uld investiptioaa, civil rfglns actions. bU4inals torts. insurance Olaiml. ERISA matters and other healthcare law related mauers. Designated Asaistant City Attomeytor City otMelbQ\IlJl$, Pl.ortda. Re5PQasible for adviIing city government dopartmenu on lep.l Ia$ut$ find poircy/procer!u:es <fevefopment and ~tatWt... Reptt4Ntl.t$ the, ~\t:j of~boumllla.. lliigatJen. ClUMINAL AND DOMESTIC LAW SECTION Aoknow1edgeulep1 specialist in baDdllna complex cr1mhuiJ. i1tfenM "1lf1aadon before State arzd ~a1. c<<uts. PERSONAL INJURY AND WRONGPTJL OEA'I'H SECnON R.epremttea ~lsnu in wide ~ Qf~ inc!uomr; proc:tuofs Habill'ty. professional lia61i1\'y, p~ liab~. ..~Ue ~o-. ~Qn ~ ~cm MbiliTj. '*"U ri~ and muaioipal.liJbnit,y, .hw of or damIse in propertY And. wronglbl death cJaIms. AaalataDt State Attaney Otifco oftfio S"tate Attorney E,~nrcn~al Cirwit Brev.wd.and h:minoJe Colmties,. PJMDa Government Center Iuda- Fran Jaruiaon WrJ Viera, rtorida Feloay nmaioa OcIm.gnaudmld aucnu.yf'or sencat &i'cmyproll<<U'Cl'ons lJdJr. th. Cli'cu1t court. R.efPCinlfibJ. fn! tbA. Qas&~~~ ~al~ U\d l"l-~.<)f,,~ l\nl1 ~'fiol_\ ~~. As&~ law ODfor<;=uem apnci. for .iny~ angoins crimiDa1. eDtcr:prDIlI.inoJudiQ the drafting and approving of ielU'Qn warrants, wiretaps and pen registers. Prosecution of defendanti qualif)'ins II career criminala. Prosecuted 'CWO capital murder CUCl successlWly w:ltli results of"oDtainfng death sentences. Misdemeanqr m.qkt. Oenerai 'Crlai a<<cmey ~r mis_eanorl. f{esponS1~(e fer drlha. prepann& and prosecuting mia~cm.WoreU&~unt'f'W~. ~!al.ty~ ar..i.~~inDmtmsec~. Des\Jnated as a 1:I'ainina attorney in all Upeota afmisdemeanor~ A;orill.991 Employee of the Month, Pride In ExQellenC(l Awan:\.. Oct. 5.2006 11:12AM 1989. 1991 BAR. AJ)"MlSSI0NS BOARD C1;1(1'D'lCA"nON PROFESSIONAL AFlI'U.lAntms Rappel Health Law Group, P.L. No.5802 P.9 AdJUllet Professor CrUnlnal Justic. Center, Brevard Community eollese. South Camput, Melbournet Pl<Itida. L<<."ttlx\:d Ar.:au'emy ~ on (,TImimti prnceda:ns and subsiamM: law, Prepared exmui:t&'C1on Ciw:.Viana. ~ured. .. high. \'Ut.1ng ~... tot ~u on State or f1.Qrtda Lt.w Enfot~ Certiflcation exam. Stata Bet (ln1ori~ Florida Bar NQ, 0;52428, A.dno1ttod. .\/q 1 ~ ~:AJS Ois.trlJ:lt QfCol:umbia..D.C.:en No. 4842.0& Admitted, December 8, 2003 United States Court of Appeals fur th, :aleventh Cirwit UnilI4 Statu 'Court of ~ 'fQt th.o 'Peaeral Circuit Un.luD Srat4f.ccurt #P~ C~ \)ni~d Stat$$ O~$trict CQurt for the Dilitrict of Columbia Uuited Statu Di6triQt Court for tM Middle District ofFlQrida tihitcd 5't8t'w Distn'ctCourr:tbJ.rthe Mrrmern ~(:t ofFIorida Um.'ted St8tM Diat:l'W. Court rat t~ ~~ O\Wi'.lt on~ General and Trial Bars United States Supremo Court United States "Tax Court CtimiD.al 1"tta). Law, 'F1OridaElar (1994 - ~005) AcaCemy ofRorida 1'tw Lawyers (1992 - 1999) ~ ae.-AssociA\\m Member, Sedk.n on L~on.. C4mmittm CD HeW.t.h Law L.tt\p.tiQn. American. Health 4wy$t$ AS$(lQiation American JUcUcatme Society (1988 - 1998) AInnan Itmi of Court. VlIA"dr" B. C'mton ~ (1m - 19~J Natianal member (199~. 1999) Brevard County Bar AssociationIJudicial Ll.a.ison Committee Di$trfQt of Columbia Su Association HelUtft Law Section Member P~BarJ.,.~D.CC~ Florida. AcadlnlY ofHee.lthcare Attotneya (1998. - 20(4) Florida Bar AsSl)oiation Health Law Section Membw LaDor Law S'ect!on Member '!nffio ~RuIe.Cmmnitwe (19&9 -1991) FlaridaPros=utingMtnmeys.A.ssocilWM ~]988 - ]992) H68.lth Cart CompUance Association (19.98 - 2004) Indian River County Bet M$Ociarlon Marquis WhO'$ Who In Ameri~ Law, 1998 Mmqail W'nth Who m Amcrlam Lawt 2.005 .Mar.quis WMtJ VI1hD.in Ammr..u, 2OCl$ Republicm National Lawyer's Association @ Oct. b. ZUUO 11:11AM Rappel Health Law Group, P.L. No.5802 p. 2 CITY OF SEBASTIAN INDIAN RIVER COUNTY, STATE OF FLORIDA IN RE: Petition for Attomey's Fe.. & C08ts HON. SALVATORE NEGLIA, City Council Member, Petitioner, I PETlTl0N FOR ATTQRNEY'S FiE' i ~OST~ COMES NOW, SALVATORE NEGLIA, hereby requests expenditures to be pard to his \egal.counse\, CRAIG MARC RAPPEL, for legal $eMcee in defense of an action taken against the Petitioner in his capacity as a Member of the City of Sebastian City Council and furtfter staOSs: 1 . That the Petitioner is entitled to recover from the City of Sebastian pursuant to Section 286.0"11(7), F\a. Stam.(2QCJe), a$ ?etitionerwas acquflied onihe eM infraction violation by County Court Judge Joe Wild, pursuant to Section 286.011 (3){a) filed against him In hiS" CllfpSCll'y' as a Memtrer of the City CounCl1'!'n ana' for ttle City ofSebssfian by the Offlce of the State Attorney in and fOJ the 19th J udi.ciaJ Cir.ctJjt, State of .Florida,.1n Css$ No. 200e.143B4. 2. That Public OffiCials acquittal of a Sunshine Law violation should recover their legal expenses. Askew v. Green. Simmons. Green and Hightower. P.A., 348 So.2d 1245 (Fla. 1't 1977). 3. That the amount approved should be $2,637.03, WHEREFORE, Petitioner prays that the City Council grant this request. ~~.~ Craig Marc Rappel, Esq. 1 1515 Indian River Blvd. Suite A210 Vero Beach, FL 32960 (772)778-8885 @ Exhibit B Oct. 5. 2006 11:19AM Rappel Health Law Group, P.L. No.5803 p. 13 Rappel Health Law Group, P .L. 1515 Indian River Blvd Suite .A2IO Vero Beach, FL 32960..7103 Fax: 772-778-8883 Rappel Health Law Group~ P .L. Brldgewsf8r 15 t5 Indian River Bou.levar<4 Ste A 210 VerD Bea.cb, FL32960-'J03 Attention: City of Sebastian RE: State v. Sal Neglia DATE Aug..04-06 Aug-14-06 Aug-14-06 Aug-15-06 AUi-lS-06 Aug-lS-06 Sept-12-06 Sep..18-06 Sept-19-06 5ep-19-o6 Sep..19..o6 Sept-19-06 Sept-26-06 Sept..27..06 DESCRIPTION Meeting with Sal Neglia and review of Civil Citation issued by State Attorney. File review and Dtafting of Motion to Dismiss Notice to Appear; telephone call with Ores Eisenmenger on representation for Andrea Coy. Drafting of e-mail to Greg Eisemnenger and revised Motion to Dismiss. (Neglia) Research on State v. Mercer, Volusia County Court of Appeals in preparation for non-jury trial. Preparation of mall to Sal NeaJ,ia and Chris Taylor (state atty.) Open File for Sal Neglia matter Flat Rate Fee for Sunshine Law Violation (civil infraction) Attendance at Hearing on Motion to Dismiss Telephone call with Sebastian City Manager. (Sal Neglia). File review and preparation for order of proof in case to be heard on Sept. 27, Drafting of witness subpoena to City Manager (Neglia). Drafting of witness subpoena to City Manager (Neglia). Telephone call with Sal Neglia. on status. Preparation for Non-Jury and receipt of Notice setting Trial. Attendance at Non-Jury Trial Ph:772- 778-8885 Sep 01~ 2006 File #: Inv #: 05002 Neglia HOURS 2.50 AMOUNT 0.00 BaLER CMR 0.40 0.00 CMR. 0.50 0.00 CMR. 0.20 0.00 AGO 0.20 0.00 AGO 0.00 2,500 CMR 1.5 0.00 CMR 0.30 0.00 CMR 1.0 0.00 CMR 0.30 0.00 CMR 0.20 0.00 CMR. 0.20 0.00 CMR. 1.5 0.00 CMR 4.0 0.00 CMR @ Oct. 5. 2006 11:19AM Rappel Health Law Group. P.L. No.5803 p. 14 Sept..29-06 Additional reselPrch and drafting of letter to 1.0 .().OO Judge Wild enclosing case law disputing legal standard cited by State Attorney and request for judgment of acquittal Oct. 3 -06 Received and reviewed Memorandum of 0,20 0.00 eMIt Law filed by State Attorney Oct. 3-06 Telephone call with. client on status, learned 0.30 0.00 C1YrR. that charles dropped against Andrea Coy; Telephone conference vvith Greg Eisenmengel', Oct, 4--06 Telephone call with client on confirmation 1.0 0.00 CMR. that court issued two page opinion finding client i'not guilty"; preparation of affidavit, etc. for reimbursement from Coty of Sebastian; telephone call with City Manager on procedure. CLOSE OUT FIL~. 13.30 $0.00 Totals Fees 52500.00 DISBURSEMENTS Dfsbunemelltl Receipts Aug; 14 -06 Photocopies 15 @.25 3.75 Aug. 15-06 Postage .39 Sept. 19..06 Service of Witness Subpoena 520.00 Sept. 27-06 Photocopies of case law SO @ .25 12.50 Sept. 27-06 Postage .39 Totals Disbursements Total Feeitt Disbunementa $37.03 $0.00 $0.00 52537.03 Previous Balance Previous Payments $0,00 SO.OO fn1erest Rate Interest Due %23.50 SO .00 Balance Due Now S2S37.03 Ploase make your chocks payable to: Rappel Health Law Group, P.L. Taxpayer ID: 51-0555286 We also accept American Express, MasterCard and Visa. Please call 772-778.8885 for details. THANK YOU! @ Oct. 5.2006 11:24AM Rappel Health Law Group, P.L. No.5804 P. 1 IN THE COUNTY COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY CASE NO. 2006..14384 State of Florida, Plaintift VS, Salvatore Neglia, Defendant. I Verdict Fludinll Defendant Not (iuiltv Th. City of Sebastian~ through its recreation department, administers a complex. of clay tennis courts. The courts are newly built and the City intends to have the courts pay their own way by offering paid memberships. City council member Andrea Coy was approached by a citizen who a.sk.ed if lawn bowling could be held on the tennis courts. Ms. Coy set up a meeting with the lawn bowlers and the city manage:r, The city manager is tasked with maldng decisions conceming the use of the recreational facilities. Ms. Coy did not participate in the meetini, other than geuing the parties tocether. The- city manager de.cided to allow la.vvn bowling on the tennis courts, S~bseq,~nt to +.he cl~ manasu's decision., city reiidents. who were tennis players were mrhawr with e.~ situation. .4t a: suh98quent public meeting of the city cOlmcilt, d.uri.ns the public mput portion, a city reaident expres.sed disappointtnent with. the fact that lawn bowlers were using tl:te te.rmis coutts. Ms. Coy r~po:nded by recounting the story of setting up the meetina with the city managM, and added that sh& supported the city maIlaierl $ decision. She believed it was the best way to makl: use l!fthe temris courts that *~re otherwise l'acant and losing money based OD lack of usa. Salvatore Negliat anmber co\m.cil member, also eOmInent.ed thathe had received complaints and had. oalled Ms. Coy to find out what was going on with the tennis courts. Mr. Neglia indicat~ that Ms. Coy had given him the same imonnation that Ms. Co)' had just relat.ec1 dming the oouncil meetini.2 That admission led to the charge in this ease. There is no doubt that l\1r. Neglia and Ms. Coy had a te1"PlwrlC ccrzverslltion about the lawn bowler/tennis player situation. The Court finds that the convet$ati.on coveted 'the same information that Ms. Coy had given at the public meeting. Specifically, ~fs. Coy let Mr. Neglia know that a meeting had been arranged between the city manager and the lawn bowlers, that 'the city manager had decided to allow lawn bowling on the tennis courts and that "J\-fs. Coy believed that was s good 1 The meeting ocourred on September 25,2006. :2 Mr. Neglia testified at the hearing that he did not actually receive informauc;m from Ms. Coy as he stated on the ret:ord at the council meeting. He explained that he W&$ trYing to put across the imptession that he (~w8S on top of thin&s" j when actually he was uninformed about the tennis courts. Mr. Neglia sain he thO\l&'rA '\he impRUi01'). would hefp his election prospects. The expllltlation fs lame. ThG Court h~ mtrained from ruling NHd on .a QesJ.r'" to puni.sh tht none expl1lllation, and wm YUle wed on 1he. fas::.u, of the cue. @ Oct. 5. 2006 11:24AM Rappel Health Law Group, P.L. No.5804 P. 2 dec.ision by the city manager. The Court further finds that at the time of the conversation the issue oftba tennia courts WllS not on any meeting agenda, nor was it contemplated that it would be on any puhli<:. mw.ing B.ienda.. The issue oftM tennis cou.rts did come up at a public meeting. The issue was raised during the public. input potUon of the meeting. The council members would be unaware of what issues may be mised during that portion ofllie meeting. Therfl wss.no evidence presented which would indicate that any council member was aware that the issue of the tennis. courts would appear before the COltlIcil at that particular meetilll' In fact, there was no e'Vjden~ presented to establish that anyone thouiht that "the tennis court issue would ever be brought up before the council. The evidence did establish that the tennis court issue was a decision within the purview of the city manager. While the presiding council member did suggest that hmatte.t be taken.up a.gain by the city manager~ even then there was no certainty that dIe counell would be willing to make any decJsions CC\T.lcer:nina the tennis courts other than deferring to the city managet. The Sunshine Law is meant to prevent public officials from avoiding pubJjc scrutiny as they conduct public business. The law is not meant to ptohibit any ~ all ~lvate eommunications between public officials. The Court finds that the oommunil.7ation between the defendant.aDd Ms... Coy was not a meeting where discussions were had on matters on which fONseeablt. action may be taken by the city council. First, city council action was not) and still i! not, foreseeabk on thtt tennis court issue. Second, the discussion was not directed to formulating a deeiaion. or plan that would be later enacted formally at a public meeting. Finally, even if the council ma.y end up taking the issue out of the city manager's hands in the future, the conversation concerned the relaying of infortrl4ticn about the present status of the lawn bowlers and tennis players, and did not rise to the le~l of discussing how that issue should be resolved by the council. See Mercer \I. State, No. 03-00033- CAAP (pIa. 9th eir, Ct. Aug. IS, 2005). The defendant is found not guilty. DONE AND ORDERED in Indian River County, Florida. on October 3, 2006. Joe w~;t. cc: Office of the State Attorney Craig Rappel, Esq. @ .... ... HOME Of PWCAN ISLAND 1225 Main Street Sebastian, Florida 32958 Submittal by: Agenda No: GUY I 0& 2 ()~ ..~^ Department Origin: City Clerk ~~~er Review commi~~ City Attorney: ~ Date Submitted: 10/4/06 For Agenda of: 10/11/06 Subject: Public Hearing and Adoption of Proposed Charter Amendment Ordinance Nos. 0-06-09 through 0-06-18 for Placement on March 13, 2007 General Election Ballot Exhibits: Ordinance Nos. 0-06-09 through 0-06-18, 9/13/06 Council Minutes Excerpt from First Readings, Legal Ad SUMMARY STATEMENT City Council conducted first readings on the ten ordinances on September 13, 2006. During the first reading, amendments were made to Ordinance No. 0-06-11, Ordinance No. 0-06-13, and Ordinance No. 0-06-15. All ordinances were passed on first reading and set for public hearing on October 11, 2006. A legal ad for all ten ordinances was placed on September 27,2006 in the Press Journal. We also placed individual slides on Channel 25 for each of the ten proposed questions and information and links to each of the ordinances was placed on the City website election page with a link from the home page. Any of the Charter amendments that are approved for placement on the ballot will be included in two legal ads which will be placed in the Press Journal in accordance with Florida law in February and we will update Channel 25 and the City website according to what occurs at this hearing. We will also provide a newspaper article for editions of the Pelican Brief that come out before March 2007. The Charter Review Committee will meet on October 17, 2006 at 5:30 pm and then formally disband in accordance with the Charter. RECOMMENDED ACTION Conduct public hearings individually on Ordinance Nos. 0-06-09 through 0-06-18 and then take action to approve for placement on the March ballot or deny as Council deems appropriate. (32) . ORDINANCE NO. 0-06-09 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND SECTION 1.02(1) OF THE CITY CHARTER TO RESTRICT THE CITY'S ABILITY TO PURCHASE LAND; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR. THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 166.031 of Florida Statutes provides that the governing body of a municipality may submit to the electors of that municipality a proposed amendment to all or parts of its City Charter; and WHEREAS, in accordance with Article V of the City Charter, the Charter Review Committee has met, held public hearings, and recommended certain revisions to the Charter; and WHEREAS, the City Council desires to submit the proposed amendments to the City Charter for ratification by the electors of the City of Sebastian, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, that: Section 1. That upon passage of the Referendum submitted hereunder, existing Section 1.02 (1) of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: "Sec. 1.02 Extraterritorial powers. (1) Acquisition of property. To acquire by purchase, gift, devise, condemnation, lease or otherwise, real or personal property or any estate therein, or riparian right or easements therein, within or without the city, t~ be used for any municipal purpose, including cemeteries or places for burial of the dead; streets and highways, public parking lots or spaces; bridge and tunnels sites; the construction of a telephone system; plants, works and wells and other equipment necessary for supplying said city with water, ice, gas for illuminating and heating purposes, and electric power for illuminating, heating and other purposes; the location of waterworks and sites for public utility works; the establishment of poor houses, houses of detention and correction; hospitals for the cure or detention of the sick; jails; market houses, public parks, playgrounds, airports, docks, sea walls, yacht harbors, wharves, warehouses, promenades; plants for cremating, neutralizing or otherwise destroying sewerage, garbage and refuse; for extension of sewer and drainage pipes and watermains; and for any public or @ .. municipal purpose; and to improve, sell, lease, pledg"e or otherwise dispose of same or any part thereof for the benefit of the city, to the same extent that natural persons might do, in the manner provided in this Charter. Anv land purchase in excess of ten percent of the aeneral fund of the current budaet vear shall reauire two appraisals. If the purchase price is in excess of the averaae of two appraisals. approval of the purchase would reauire a supermaioritv vote of four members of Council." Section 2. ELECTION. An election is hereby called and scheduled for March 13, 2007, to determine whether the revisions to the City Charter of the City of Sebastian, Florida shall be approved by the majority of the votes cast in such election, in which the qualified electors residing in the City of Sebastian shall participate. Section 3. POLLING PLACES. The places of voting in such election shall be the usual places of voting in the City of Sebastian, Florida, in the regular election as determined under the applicable provisions of Florida law, which are currently as follows: Precinct Location 103 St. Sebastian Catholic Church, 13075 U.S. 1, Sebastian 104 VFW Post 10210, 815 Louisiana Avenue, Sebastian 105 Sebastian Elks Lodge No. 2714, 731 South Fleming Street, Sebastian 106 North Indian River County Library, 1001 CR 512, Sebastian 107 Sebastian Elementary School, 400 CR 512, Sebastian 109 North Indian River County Library, 1001 CR 512, Sebastian 201 Trinity Lutheran Church, 611Schumann Drive, Sebastian 203 Calvary Baptist Church, 123 Thunderbird Drive, Sebastian 204 Sebastian Christian Church, 190 Day Drive, Sebastian Section 4. BALLOT. The purpose of this election shall be to present a referendum issue to the electors of the City of Sebastian of whether or not to adopt revisions to the City Charter. The ballot shall be substantially in the following form: BALLOT CITY OF SEBASTIAN, FLORIDA Referendum #1 Amending Section 1.02(1) to restrict City's ability to purchase land without supporting appraisals. Shall the City of Sebastian amend Section 1.02(1) of the City Charter to restrict the ability of City Council 10 purchase land without supporting appraisals and requiring a supermajority vote in certain cases? Yes for Approval No for Rejection @ 2 Section 5. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption effect immediately upon its adoption by the City Council. The fo~egoing Ordinance was moved for adoption by Councilmember. . The motion was seconded by Council member and, upon being put to a vote, the vote was as follows: Mayor Brian Burkeen Councilmember Nathan McCollum Councilmember Andrea Coy Councilmember Sal Neglia Council member AI Patemoster The Mayor thereupon declared this Ordinance duly passed and adopted this _ day of ,2006. CITY OF SEBASTIAN, FLORIDA By: Mayor Brian Burkeen ATTEST: Approved as to form and legality for reliance by the City of Sebastian only: Sally A. Maio, MMC City Clerk Rich Stringer, City Attorney I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State Statute, that one public hearing on the Ordinance was held on the day of , 2006, and that following said public hearing this Ordinance was passed by City Council for placement on the March 13, 2007 ballot. Sally A. Maio, MMC City Clerk @ 3 @ ORDINANCE NO. 0-06-10 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE 2.06 OF THE CITY CHARTER TO PROVIDE FOR SUCCESSION TO THE OFFICES OF MAYOR AND VICE-MAYOR; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 166.031 of Florida Statutes provides that the governing body of a municipality may submit to the electors of that municipality a proposed amendment to all or parts of its City Charter; and WHEREAS, in accordance with Article 5.03 of the City Charter, the Charter Review Committee has met, held public hearings, and recommended certain revisions to the Charter; and WHEREAS, the City Council desires to submit the proposed amendments to the City Charter for ratification by the electors of the City of Sebastian, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, that: Section 1. That upon passage of the Referendum submitted hereunder, existing Section 2.06 of the City Charter of the City of Sebastian, Florida, shall be amended to add a new subsection (e) to read as follows: (e) Vacancies - In the event the office of mavor shall become vacant durina the course of a term. the vice-mavor shall succeed to the office of mavor. In the event the office of vice-mavor shall become vacant durina the course of a term. a new vice- mavor shall be chosen as the first order of business at the next council meetina. Section 2. ELECTION. An election is hereby called and scheduled for March 13, 2007, to determine whether the revisions to the City Charter of the City of Sebastian, Florida shall be approved by the majority of the votes cast in such election, in which the qualified electors residing in the City of Sebastian shall participate. Section 3. POLLING PLACES. The places of voting in such election shall be the usual places of voting in the City of Sebastian, Florida, in the regular election as determined under the applicable provisions of Florida law, which are currently as follows: @ Precinct 103 104 105 106 107 109 201 203 204 Location St. Sebastian Catholic Church, 13075 U.S. 1, Sebastian VFW Post 10210, 815 Louisiana Avenue, Sebastian Sebastian Elks Lodge No. 2714,731 South Fleming Street, Sebastian North Indian River County Library, 1001 CR 512, Sebastian Sebastian Elementary School, 400 CR 512, Sebastian North Indian River County Library, 1001 CR 512, Sebastian Trinity Lutheran Church, 611Schumann Drive, Sebastian Calvary Baptist Church, 123 Thunderbird Drive, Sebastian Sebastian Christian Church, 190 Day Drive, Sebastian. Section 4. BALLOT. The purpose of this election shall be to present a referendum issue to the electors of the City of Sebastian of whether or not to adopt revisions to the City Charter. The ballot shall be substantially in the following form: BALLOT CITY OF SEBASTIAN, FLORIDA Referendum Question # 2 Amending Section 2.06 to provide for filling vacancies in the offices of Mayor and Vice-Mayor Shall the City of Sebastian amend the City Charter to add the following provision? (e) Vacancies - In the event the office of mayor shall become vacant during the course of a term, the vice-mayor shall succeed to the office of mayor. In the event the office of vice-mayor shall become vacant during the course of a term, a new vice- mayor shall be chosen as the first order of business at the next council meeting. Yes for Approval No for Rejection Section 5. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption effect immediately upon its adoption by the City Council. The foregoing Ordinance 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 Brian Burkeen Council member Nathan McCollum Councilmember Andrea Coy Councilmember Sal Neglia Councilmember AI Paternoster @ 2 The Mayor thereupon declared this Ordinance duly passed and adopted this _ day of ,2006. CITY OF SEBASTIAN, FLORIDA By: Mayor Brian Burkeen ATTEST: Approved as to form and legality for reliance by the City of Sebastian only: Sally A. Maio, MMC City Clerk Rich Stringer, City Attorney I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State Statute, that one public hearing on the Ordinance was held on the day of , 2006, and that following said public hearing this Ordinance was passed by City Council for placement on the March 13, 2007 ballot. Sally A. Maio, MMC City Clerk @ 3 dl @ ORDINANCE NO. 0-06-11 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; SCHEDULING AN ELECTION TO SUBMIT' A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND SECTIONS 2.03 AND 2.06 (a) and (c) OF THE CITY CHARTER TO CHANGE ELECTIONS TO NOVEMBER; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL _BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR _ HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 166.031 of Florida Statutes provides that the governing body of a municipality may submit to the electors of that municipality a proposed amendment to all or parts of its City Charter; and WHEREAS, in accordance with Article V of the City Charter, the Charter Review Committee has met, held public hearings, and recommended certain revisions to the Charter; and WHEREAS, the City Council desires to submit the proposed amendments to the City Charter for ratification by the electors of the City of Sebastian, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, that: Section 1. That upon passage of the Referendum submitted hereunder, existing Section 2.03 of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: "Sec. 2.03 Election. (a) The office of m::lyor, whose term expires in March, 1994; shall be filled upon such expiration as provided in section 2.06 of this Charter. There::lfter, [T]here shall be held a general election of two (2) council members on the seoond first Tuesday followina the first Mondav in MaF6R November of each even-numbered year and of three (3) council members in each odd-numbered year. (b) The city elections shall have at large voting; provided th::lt the oity sholl have the authority to submit by ordin::lnce to the voters a referendum for the election of city council by districts to be design::lted by the city council." @ Section 2. That upon passage of the Referendum submitted hereunder, existing Section 2.06, subsections (a) and (c) of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: "Sec. 2.06. Mayor; vice-mayor. (a) Mayor-Se/ection and term. CeFRFRBF!siF!S MaFBR 1994, [A]fter the seating of any newly elected council members at the soecial first S8RBdl=llee city council meeting Sl=lbSBEl~BF!t tB tAB BBseRd TI=IBssay iF! MaFGA, held oursuant to Section 2.04. the new city council shall, as the first order of business, elect a mayor from among its members. The incumbent mayor 9r in his or her absence, the vice- mayor or in his or her absence, the senior member of city council, shall ask for nominations for mayor. After all nominations have been made, the nominations shall be closed. The city clerk shall then call the roll of the council members and each council member shall cast an affirmative vote for the council member of their choice. The council member that receives a majority 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. " * * * * * "(c) Vice-mayor-Se/ection and term. Immediatelv subseauent to the selection of a mavor. .^.t tRB first rBSl=llarly SShBel=llB8 sit}' S91=1Asil FRBBtiF!S sMBSe€l\;;lElFlt te tRB SBSBRa TI=IBseay iF! MarsA 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 mayor. " Section 2. ELECTION. An election is hereby called and scheduled for March 13, 2007, to determine whether the revisions to the City Charter of the City of Sebastian, Florida shall be approved by the majority of the votes cast in such election, in which the qualified electors residing in the City of Sebastian shall participate. Section 3. POLLING PLACES. The places of voting in such election shall be the usual places of voting in the City of Sebastian, Florida, in the regular election as determined under the applicable provisions of Florida law, which are currently as follows: @ 2 Precinct 103 104 105 106 107 109 201 203 204 Location St. Sebastian Catholic Church, 13075 U.S. 1, Sebastian VFW Post 10210, 815 Louisiana Avenue, Sebastian Sebastian Elks Lodge No. 2714, 731 South Fleming Street, Sebastian North Indian River County Library, 1001 CR 512, Sebastian Sebastian Elementary School, 400 OR 512, Sebastian North Indian River County Library, 1001 CR 512, Sebastian Trinity Lutheran Church, 611Schumann Drive, Sebastian Calvary Baptist Church, 123 Thunderbird Drive, Sebastian Sebastian Christian Church, 190 Day Drive, Sebastian Section 4. BALLOT. The purpose of this election shall be to present a referendum issue to the electors of the City of Sebastian of whether or not to adopt revisions to the City Charter. The ballot shall be substantially in the following form: BALLOT CITY OF SEBASTIAN, FLORIDA Referendum #3 Amending Section 2.03 and 2.06 to change city elections to November. Shall the City of Sebastian amend the City Charter to move annual elections from March to November to coincide with state and federal general election dates? Yes for Approval No for Rejection Section 5. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption by the City Council. However, if the Question is approved, no further regular elections shall be held in March, and the first November election shall be in 2008. The foregoing Ordinance 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 Brian Burkeen Councilmember Nathan McCollum Councilmember Andrea Coy Councilmember Sal Neglia Councilmember AI Paternoster The Mayor thereupon declared this Ordinance duly passed and adopted this _ day of ,2006. @ 3 CITY OF SEBASTIAN, FLORIDA By: Mayor Brian Burkeen ATTEST: Approved as to form and legality for reliance by the City of Sebastian only: Sally A. Maio, MMC City Clerk Rich Stringer, City Attorney I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State Statute, that one public hearing on the Ordinance was held on the day of , 2006, and that following said public hearing this Ordinance was passed by City Council for placement on the March 13, 2007 ballot. Sally A. Maio, MMC City Clerk @ 4 ORDINANCE NO. 0-06-12 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND SECTION 2.05 OF THE ClTY CHARTER TO INCREASE COUNCIL SALARIES; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR. THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 166.031 of Florida Statutes provides that the governing body of a municipality may submit to. the electors of that municipality a proposed amendment to all or parts of its City Charter; and WHEREAS, in accordance with Article V of the City Charter, the Charter Review Committee has met, held public hearings, and recommended certain revisions to the Charter; and WHEREAS, the City Council desires to submit the proposed amendments to the City Charter for ratification by the electors of the City of Sebastian, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, that: Section 1. That upon passage of the Referendum submitted hereunder, existing Section 2.05 of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: "Sec. 2.05. Compensation. The mayor, vice-mayor and each of the other council members shall be paid the following amounts on a monthly basis: (1) Mayor: One thousand dollars ($1000) Foyr hYRelr;:eel fif:t>/ solhlrs ($450) ; (2) Vice-mayor: Nine hundred dollars ($900) Three hldnsms sollars ($~OO) ; and (3) Council members: Eiaht hundred fifty dollars ($850) Throe nldRelrsel e1ellars ($~gg). Uoon the seatina of a new Council followina a reaular election. the comoensation set forth above shall be adiusted based uoon the Consumer Price Index for the southeast United States or anv such aenerallv recoanized eauivalent. " @ Section 2. ELECTION. An election is hereby called and scheduled for March 13, 2007, to determine whether the revisions to the City Charter of the City of Sebastian, Florida shall be approved by the majority of the votes cast in such election, in which the qualified electors residing in the City of Sebastian shall participate. Section 3. POLLING PLACES. The places of voting in such election shall be the usual places of voting in the City of Sebastian, Florida, in the regular election as determined under the applicable provisions of Florida law, which are currently as follows: Precinct Location 103 S1. Sebastian Catholic Church, 13075 U.S. 1, Sebastian 104 VFW Post 10210,815 Louisiana Avenue, Sebastian 105 Sebastian Elks Lodge No. 2714,731 South Fleming Street, Sebastian 106 North Indian River County Library, 1001 CR 512, Sebastian 107 Sebastian Elementary School, 400 CR 512, Sebastian 109 North Indian River County Library, 1001 CR 512, Sebastian 201 Trinity Lutheran Church, 611 Schumann Drive, Sebastian 203 Calvary Baptist Church, 123 Thunderbird Drive, Sebastian 204 Sebastian Christian Church, 190 Day Drive, Sebastian Section 4. BALLOT. The purpose of this election shall be to present a referendum issue to the electors of the City of Sebastian of whether or not to adopt revisions to the City Charter. The ballot shall be substantially in the following form: BALLOT CITY OF SEBASTIAN, FLORIDA Referendum #4 Amending Section 2.05 to increase salaries of City Council. Shall the City of Sebastian amend the City Charter to increase the salaries of City Council members to Mayor: $1,000; Vice-Mayor $900; Council Members $850 and adjust salaries annually based upon the consumer price index for the southeast United States? Yes for Approval No for Rejection Section 5. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption effect immediately upon its adoption by the City Council. @ 2 The foregoing Ordinance 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 Brian Burkeen Councilmember Nathan McCollum Councilmember Andrea Coy Councilmember Sal Neglia Councilmember AI Paternoster The Mayor thereupon declared this Ordinance duly passed and adopted this _ day of ,2006. CITY OF SEBASTIAN, FLORIDA By: Mayor Brian Burkeen ATTEST: Approved as to form and legality for reliance by the City of Sebastian only: Sally A. Maio, MMC City Clerk Rich Stringer, City Attorney I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State Statute, that one public hearing on the Ordinance was held on the day of , 2006, and that following said public hearing this Ordinance was passed by City Council for placement on the March 13, 2007 ballot. Sally A. Maio, MMC City Clerk @ 3 @ ORDINANCE NO. 0-06-13 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND SECTION 2.12(a) OF THE CITY CHARTER CONCERNING TIME AND NOTICE REQUIREMENTS FOR SPECIAL MEETINGS; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 166.031 of Florida Statutes provides that the governing body of a municipality may submit to the electors of that municipality a proposed amendment to all or parts of its City Charter; and WHEREAS, in accordance with Article V of the City Charter, the Charter Review Committee has met, held public hearings, and recommended certain revisions to the Charter; and WHEREAS, the City Council desires to submit the proposed amendments to the City Charter for ratification by the electors of the City of Sebastian, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, that: Section 1. That upon passage of the Referendum submitted hereunder, existing Section 2.12(a) of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: "Sec. 2.12. Procedure. (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 member. 'A'neRe'/er I3Fastisal, sasR sSl;fRsil memBer €iAa" FBsoive at least 1\':elv8 (12) ~ There shall be at least twenty-four (24) hours advance notice of any special council meeting called and said meetinas shall onlv be held after 5 D.m. If a public emergency as €lefineel l;fR€lor FI8ri€la la\': exists any council member or charter officer may call a special meeting, and the twelve (12) ASl;fr advance notice requirement as well as the time restriction shall be waived. All city council meetings shall be public meetings, except as otherwise permitted by law." @ Section 2. ELECTION. An election is hereby called and scheduled for March 13, 2007, to determine whether the revisions to the City Charter of the City of Sebastian, Florida shall be approved by the majority of the votes cast in such election, in which the qualified electors residing in the City of Sebastian shall participate. Section 3. POLLING PLACES. The places of voting in such election shall be the usual places of voting in the City of Sebastian, Florida, in the regular election as determined under the applicable provisions of Florida law, which are currently as follows: Precinct Location 103 S1. Sebastian Catholic Church, 13075 U.S. 1, Sebastian 104 VFW Post 10210,815 Louisiana Avenue, Sebastian 105 Sebastian Elks Lodge No. 2714, 731 South Fleming Street, Sebastian 106 North Indian River County Library, 1001 CR 512, Sebastian 107 Sebastian Elementary School, 400 CR 512, Sebastian 109 North Indian River County Library, 1001 CR 512, Sebastian 201 Trinity Lutheran Church, 611Schumann Drive, Sebastian. 203 Calvary Baptist Church, 123 Thunderbird Drive, Sebastian 204 Sebastian Christian Church, 190 Day Drive, Sebastian Section 4. BALLOT. The purpose of this election shall be to present a referendum issue to the electors of the City of Sebastian of whether or not to adopt revisions to the City Charter. The ballot shall be substantially in the following form: BALLOT CITY OF SEBASTIAN, FLORIDA Referendum #5 Amending Section 2.12(a) to increase notice time and change start time for special council meetings. Shall the City of Sebastian amend the City Charter to increase the public notice required for special council meetings from 12 to 24 hours and require that all such meetings be held after 5 p.m.? Yes for Approval No for Rejection Section 5. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption effect immediately upon its adoption by the City Council. @ 2 The foregoing Ordinance 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 Brian Burkeen Councilmember Nathan McCollum Councilmember Andrea Coy Councilmember Sal Neglia Council member AI Paternoster The Mayor thereupon declared this Ordinance duly passed and adopted this _ day of ,2006. CITY OF SEBASTIAN, FLORIDA By: Mayor Brian Burkeen ATTEST: Approved as to form and legality for reliance by the City of Sebastian only: Sally A. Maio, MMC City Clerk Rich Stringer, City Attorney I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State Statute, that one public hearing on the Ordinance was held on the day of , 2006, and that following said public hearing this Ordinance was passed by City Council for placement on the March 13, 2007 ballot. Sally A. Maio, MMC City Clerk @ 3 (j2) ORDINANCE NO. 0-06-14 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND SECTION 3.01 OF THE CITY CHARTER TO REMOVE CONFLICTS WITH THE COUNCIUMANAGER FORM OF GOVERNMENT; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 166.031 of Florida Statutes provides that the governing body of a municipality may submit -to the electors of that municipality a proposed amendment to all or parts of its City Charter; and WHEREAS, in accordance with Article V of the City Charter, the Charter Review Committee has met, held public hearings, and recommended certain revisions to the Charter; and WHEREAS, the City Council desires to submit the proposed amendments to the City Charter for ratification by the electors of the City of Sebastian, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, that: Section 1. That upon passage of the Referendum submitted hereunder, existing Section 3.01 of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: "Sec. 3.01. Creation. (a) TRe sit;' 8sI::JRsiI may s&taBlisR sity 8er:;laftmsRts, sffisEls Elr aQElRsiss iR 88e!itisR te tRSSS sXr:;lfsssly SFl3atee! iR tAe City Charter aRe! may r:;lr8&sriB8 the fI::JRGtisRs sf all e!sr:;lartmsRts, sffisss aR8 8Q8F1siss. ~Jst\\'ithstaREliRQ the fsrsQsiF!Q sSRteRss, FlS fyRstisR sr:;leGifi8ally assigRs8 iF! ths City CAartsr ts a r:;lartisl:;Ilar 88r:;l8rtmeRt, sUiss sr sQsnsy msy B8 ElissentiFll:;lsel er reassiQReel ts a e1iffersnt e1Sr:;lartmeRt, sUiss sr 8QsFle-y BY tAS Girl 8sl:;lRsil, 8KSBr:;lt te tAe 8)(tSRt alls'/ls91s l:;IReler tAB r:;lrsvisieRs sf tAe City CRsrtsr. f91 The city manager, city clerk and city attorney are designated Charter officers." Section 2. ELECTION. An election is hereby called and scheduled for March 13, 2007, to determine whether the revisions to the City Charter of the City of Sebastian, Florida shall be approved by the majority of the votes cast in such election, in which the qualified electors residing in the City of Sebastian shall participate. @ Section 3. POLLING PLACES. The places of voting in such election shall be the usual places of voting in the City of Sebastian, Florida, in the regular election as determined under the applicable provisions of Florida law, which are currently as follows: Precinct Location 103 St. Sebastian Catholic Church, 13075 U.S. 1, Sebastian 104 VFW Post 10210, 815 Louisiana Avenue, Sebastian 105 Sebastian Elks Lodge No. 2714, 731 South Fleming Street, Sebastian 106 North Indian River County Library, 1001 CR 512, Sebastian 107 Sebastian Elementary School, 400 CR 512, Sebastian 109 North Indian River County Library, 1001 CR 512, Sebastian 201 Trinity Lutheran Church, 611Schumann Drive, Sebastian 203 -Calvary Baptist Church, 123 Thunderbird Drive, Sebastian 204 Sebastian Christian Church, 190 Day Drive, Sebastian Section 5. BALLOT. The purpose of this election shall be to present a referendum issue to the electors of the City of Sebastian of whether or not to adopt revisions to the City Charter. The ballot shall be substantially in the following form: BALLOT CITY OF SEBASTIAN, FLORIDA Referendum #6 Deleting paragraph (a) of Section 3.01 to remove provisions conflicting with counciUmanager form of government Shall the City of Sebastian amend the City Charter to repeal provisions regarding creation and function of city departments which conflict with the Council/Manager form of government? Yes for Approval No for Rejection Section 6. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption effect immediately upon its adoption by the City Council. The foregoing Ordinance was moved for adoption . The motion was seconded by Council member and, upon being put to a vote, the vote was as follows: Mayor Brian Burkeen Councilmember Nathan McCollum Councilmember Andrea Coy Councilmember Sal Neglia Councilmember AI Paternoster by Councilmember @ 2 The Mayor thereupon declared this Ordinance duly passed and adopted this _ day of ,2006. CITY OF SEBASTIAN, FLORIDA By: Mayor Brian Burkeen ATTEST: Approved as to form and legality for reliance by the City of Seoastian only: Sally A. Maio, MMC City Clerk Rich Stringer, City Attorney I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State Statute, that one public hearing on the Ordinance was held on the day of , 2006, and that following said public hearing this Ordinance was passed by City Council for placement on the March 13, 2007 ballot. Sally A. Maio, MMC City Clerk @) 3 @ ORDINANCE NO. 0-06-15 AN ORDINANCE OF THE CITY OF SEBASTlAN, INDIAN RIVER COUNTY, FLORIDA; SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND SECTION 3.06 AND DELETE SECTION 3.07 AND 3.08 OF THE CITY CHARTER TO PROVIDE FOR A POLICE DEPARTMENT BUT RESOLVING CONFLICTS WITH COUNCIUMANAGER FORM OF GOVERNMENT; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 166.031 of Florida $tatutes provides that the governing body of a municipality may submit to the electors of that municipality a proposed amendment to all or parts of its City Charter; and WHEREAS, in accordance with Article V of the City Charter, the Charter Review Committee has met, held public hearings, and recommended certain revisions to the Charter; and WHEREAS, the City Council desires to submit the proposed amendments to the City Charter for ratification by the electors of the City of Sebastian. Florida. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, that: Section 1. That upon passage of the Referendum submitted hereunder, existing Section 3.06 of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: "Sec. 3.06. Creation ; el:Jief . The City shall maintain its own oolice deoartment for the orotection of citizens and enforcement of laws. TRem sRall Be a ~BIiGe e!e~aFtmoRt V/hiGR BAa" seRsist Bf a sRi@f sf ~BIiGe aRe! sblsh stRer S'Nsm aRe! RBR s'::em om~IByees as may B8 e!Btm:minoe! BY tRs sity GBblRSil. TRB shisf Bf ~SIiBB sRall B8 the Reae! Bf the ~eliGe ele~artmeRt aRe! sRall e!ireBt tRe aBtivitil2ls sf its memBers aRe!' ~eli€)B e!e~artmElRt em~loyees. TR8 GRief Bf ~BIiGe sRall Be a~~eiRtee! BY tRe Bit]' maRa€lor. The mayer may, as ~revie!ee! BY fav:, a~~eiRt aRe! e!isshar€le s~esial ~elisemeR iR times ef rist er ~wBIiB emer€loRBY. " Section 2. That upon passage of the Referendum submitted hereunder, existing Section 3.07 of the City Charter of the City of Sebastian, Florida, shall be deleted in its entirety as shown: @ SeG. 3.07. Chief ef peliee Duties aREI autherit}'. It sRall Be tAe elblty ef tRe sRief ef pelise te atteReI meetiRSs ef the sit)' sel:lAsil as e1iFesteel BY tAe sit)' maRaseF; te aiel iR tAe eRfeFsement ef ereler aRs te ElRferse tRe oity's sFeliRaRsss, te exeswte all papeFs aRg pr9sesses sf tAe sity 9r its awtRsritiss; aReI te psrfeFm SblSR 9tRer ell:lties as FRay Be la'N~lIy re€lWiFB8 9f Rim/Ref. Section 3. That upon passage of the Referendum submitted hereunder, existing Section 3.08 of the City Charter of the City of Sebastian, Florida, shall be deleted in its entirety as shown: ie9. 3.08. iame OmeBF&. TRe GRief ef pelise aReI a-II S'J.'9fR p91ise eUissFS sRall Rave tRe psvJer ts Bear aFFRS aReI make aFfests as prm:ieles BY j;leriela la\': aReI/sr as may BS pfe'Jieleel BY ereliFlaRse ael9pteel BY tRB sity seblRsil. Section 4. ELECTION. An election is hereby called and scheduled for March 13, 2007, to determine whether the revisions to the City Charter of the City of Sebastian, Florida shall be approved by the majority of the votes cast in such election, in which the qualified electors residing in the City of Sebastian shall participate. Section 5. POLLING PLACES. The places of voting in such election shall be the usual places of voting in the City of Sebastian, Florida, in the regular election as determined under the applicable provisions of Florida law, which are currently as follows: Precinct Location 103 St. Sebastian Catholic Church, 13075 U.S. 1, Sebastian 104 VFW Post 10210, 815 Louisiana Avenue, Sebastian 105 Sebastian Elks Lodge No. 2714, 731 South Fleming Street, Sebastian 106 North Indian River County Library, 1001 CR 512, Sebastian 107 Sebastian Elementary School, 400 CR 512, Sebastian 109 North Indian River County Library, 1001 CR 512, Sebastian 201 Trinity Lutheran Church, 611Schumann Drive, Sebastian 203 Calvary Baptist Church, 123 Thunderbird Drive, Sebastian 204 Sebastian Christian Church, 190 Day Drive, Sebastian Section 6. BALLOT. The purpose of this election shall be to present a referendum issue to the electors of the City of Sebastian of whether or not to adopt revisions to the City Charter. The ballot shall be substantially in the following form: @ BALLOT CITY OF SEBASTIAN, FLORIDA Referendum #7 Amending Section 3.06, deleting 3.07, and 3.08 to provide for City Police Department; removing conflicts. Shall the City of Sebastian amend the City Charter to repeal provisions detailing establishment of the Police Department, chief of police, and directing the activities of the department and employees since all of these provisions conflict with the council/manager form of government in the Charter, but adopt official policy that the City shall maintain its own Police Department for the protection of its citizens and enforcement of laws? Yes for Approval No for Rejection Section 6. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption effect immediately upon its adoption by the City Council. The foregoing Ordinance 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 Brian Burkeen Councilmember Nathan McCollum Councilmember Andrea Coy Councilmember Sal Neglia Councilmember AI Paternoster The Mayor thereupon declared this Ordinance duly passed and adopted this _ day of ,2006. CITY OF SEBASTIAN, FLORIDA By: Mayor Brian Burkeen ATTEST: Approved as to form and legality for reliance by the City of Sebastian only: Sally A. Maio, MMC City Clerk Rich Stringer, City Attorney I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the @ Vero Beach Press Journal as required by State Statute, that one public hearing on the Ordinance was held on the day of , 2006, and that following said public hearing this Ordinance was passed by City Council for placement on the March 13, 2007 ballot. Sally A. Maio, MMC City Clerk @ ORDINANCE NO. 0-06-16 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND SECTION 3.09 OF THE CITY CHARTER TO REMOVE PROVISIONS IN CONFLICT WITH CHARTER OFFICER AUTHORITY OF CITY ATTORNEY; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 166.031 of Florida Statutes provides that the governing body of a municipality may submit to the electors of that municipality -a proposed amendment to all or parts of its City Charter; and WHEREAS, in accordance with Article V of the City Charter, the Charter Review Committee has met, held public hearings, and recommended certain revisions to the Charter; and WHEREAS, the City Council desires to submit the proposed amendments to the City Charter for ratification by the electors of the City of Sebastian, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, that: Section 1. That upon passage of the Referendum submitted hereunder, existing Section 3.09 of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: "Sec. 3.09. City attorney. (a) There shall be a city attorney of the city who shall serve as chief legal advisor to the city council the mayer 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. (b) The city council shall have authority to retain additional counsel in specific actions or proceedings in its discretion. .^.IsG!, tRG! sity SB\,IFlSil may f)rBvi€le BY Elr€liFlanse fer tR8 ae€litiElAal ElmSS sf aREI the af)f)eiFltmsFlt Elf an assistant sit}' attQrRey \VRSFI thB \aJeisht ef tRB sit)' attemey's €I\,1ties insreases te S\,lSR aFl eHtElFIt that tRe sity sS\,IFlsil €Iems a€lvisaBle er Flssessal)'. (c) The city attorney shall receive such compensation as may be determined by the city council." Section 2. ELECTION. An election is hereby called and scheduled fer March 13, 2007, to determine whether the revisions to the City Charter of the City of Sebastian, Florida shall be approved by the majority of the votes cast in such election, in which the qualified electors residing in the City of Sebastian shall participate. (0 Section 3. POLLING PLACES. The places of voting in such election shall be the usual places of voting in the City of Sebastian, Florida, in the regular election as determined under the applicable provisions of Florida law, which are currently as follows: Precinct Location 103 St. Sebastian Catholic Church, 13075 U.S. 1, Sebastian 104 VFW Post 10210, 815 Louisiana Avenue, Sebastian 105 Sebastian Elks Lodge No. 2714,731 South Fleming Street, Sebastian 106 North Indian River County Library, 1001 CR 512, Sebastian 107 Sebastian Elementary School, 400 CR 512, Sebastian 109 North Indian River County Library, 1001 CR 512, Sebastian 201 Trinity Lutheran Church, 611Schumann Drive, Sebastian 203 Calvary Baptist Church, 123 Thunderbird Drive, Sebastian 204 Sebastian Christian Church, 190 Day Drive, Sebastian Section 4. BALLOT. The purpose of this election shall be to present a referendum issue to the electors of the City of Sebastian of whether or not to adopt revisions to the City Charter. The ballot shall be substantially in the following form: BALLOT CITY OF SEBASTIAN, FLORIDA Referendum #8 Amending Section 3.09 (b) to remove provisions conflicting with the city attorney's authority as a charter officer to appoint an assistant city attorney. Shall the City of Sebastian amend the City Charter to remove provisions for the city council to provide for the additional office of assistant city attorney by ordinance since this conflicts with the authority of the city attorney as a charter officer to administer his office? Yes for Approval No for Rejection Section 5. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption effect immediately upon its adoption by the City Council. The foregoing Ordinance 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 Brian Burkeen Councilmember Nathan McCollum Councilmember Andrea Coy Councilmember Sal Neglia Councilmember AI Paternoster @ 2 The Mayor thereupon declared this Ordinance duly passed and adopted this _ day of ,2006. CITY OF SEBASTIAN, FLORIDA By: Mayor Brian Burkeen ATTEST: Approved as to form and legality for reliance by the City of Sebastian only: Sally A. Maio, MMC City Clerk Rich Stringer, City Attorney I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State Statute, that one public hearing on the Ordinance was held on the day of , 2006, and that following said public hearing this Ordinance was passed by City Council for placement on the March 13, 2007 ballot. Sally A. Maio, MMC City Clerk @ 3 @ ORDINANCE NO. 0-06-17 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO DELETE SECTIONS 4.05, 4.10 AND 4.11 AND AMEND SECTIONS 4.02 AND 4.07 OF THE CITY CHARTER TO COMPLY WITH STATE ELECTIONS LAW; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHE~EAS, Section 166.031 of Florida Statutes provides that the governing Qody of a municipality may submit to the electors of that municipality a proposed amendment to all or parts of its City Charter; and WHEREAS, in accordance with Article V of the City Charter, the Charter Review Committee has met, held public hearings, and recommended certain revisions to the Charter; and WHEREAS, the City Council desires to submit the proposed amendments to the City Charter for ratification by the electors of the City of Sebastian, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, that: Section 1. That upon passage of the Referendum submitted hereunder, existing Section 4.02 of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: "Sec. 4.02. Filing of candidate's oath; fee. (a) Each candidate, in order to qualify for election to the office of council member, shall take and subscribe to an oath or affirmation in writing. A printed copy of the oath or affirmation shall be furnished to the candidate by the city clerk and shall comply with the provisions of Florida law. (b) The oath set forth in subsection (a) shall be filed with the city clerk at least sixty (60) days mrty "RVB (48) , but no more than seventy-five (75) sixty (a9) days, prior to the day of the election, along with payment of a nonrefundable filing fee in an amount to be setforth bv Code as J3FBvi888 BY la'.\' ." Section 2. . That upon passage of the Referendum submitted hereunder, existing Section 4.05 of the City Charter of the City of Sebastian, Florida, shall be deleted in its entirety as shown: @ Sec. 4.05. [Reserved] Calling an eleGtioR by resolutioR. All BlsetieRB sRall Be sall8s BY pFgelamatisR 8f tR8 mayer iSSl:I8e1 Ret less tRaR tRiFty (29) elays Befers Sl:ISR elBetieR aRe! sRall Be sSRell:Istee! BXSel3t as 8tRBI'i.'Jiss spesifieally I3rsvieles, l:IRe!er tRB I3rGvisieRs sf tRB SGRBral eleetieR la':'e ef tRB state, 'NReR RSt iReeRsisteRt 'NitR tRB I3rs,..isieRs ef tRis CReRer. aRs~J1e1 tRG mayer fail er Fefl:lse te sail aRY eleetieR iR sl:Ie time, tRe sit)' sSl:IRGiI sRall ele S8 BY resell:ltien. Section 3. That upon passage of the Referendum submitted hereunder, existing Section 4.07 of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: "Sec. 4.07. Elections--How arranged; inspectors and clerks, The city council, in conjunction with the city clerk, shall make all necessary arrangements for holding all city elections and shall declare the results thereof. Prior to the aualifvina dates orovided herein rtlhe city council shall adopt a resolution callina any such election, \:;;IpeR tAe selliRS sf aR eleetieR stating therein where the election shall be held, and naming the different offices to be filled, or questions to be decided, and shall cause the notice of the election to be published in accordance with Florida law." Section 4. That upon passage of the Referendum submitted hereunder, existing Section 4.10 of the City Charter of the City of Sebastian, Florida, shall be deleted in its entirety as shown: "Sec. 4,10. [Reserved]" Voting mael:lines. TR8 eity is RereBY al:ltReriz8s tel:lse '..etiRS masRiFles in th8 ReleliFlS sf all sity 818stiens, 88R8Fal er S138sial. Section 5. That upon passage of the Referendum submitted hereunder, existing Section 4.11 of the City Charter of the City of Sebastian, Florida, shall be deleted in its entirety as shown: "See: 4.11. [Reserved]" Absentee voting. I'.Bs8Rtee vetiRS sRall 8e permitt8e! iR all ml:lRisil3al elestiens iR tRe same FRaRRer as Rew, er Rereafter l3r:eviseEl fer in serlrlsBtieR '.vitR state aFlEl sel:lRty elestieRs. Section 6. ELECTION. An election is hereby called and scheduled for March 13, 2007, to determine whether the revisions to the City Charter of the City of Sebastian, Florida shall be approved by the majority of the votes cast in such election, in which the qualified electors residing in the City of Sebastian shall participate. @ 2 Section 7. POLLING PLACES. The places of voting in such election shall be the usual places of voting in the City of Sebastian, Florida, in the regular election as determined under the applicable provisions of Florida law, which are currently as follows: Precinct Location 103 St. Sebastian Catholic Church, 13075 U.S. 1, Sebastian 104 VFW Post 10210,815 Louisiana Avenue, Sebastian 105 Sebastian Elks Lodge No. 2714, 731 South Fleming Street, Sebastian 106 North Indian River County Library, 1001 CR 512, Sebastian 107 Sebastian Elementary School, 400 CR 512, Sebastian 109 North Indian River County Library, 1001 CR 512, Sebastian 201 Trinity Lutheran Church, 611Schumann Drive, Sebastian 203 Calvary Baptist Church, 123 Thunderbird Drive, Sebastian 204 Sebastian Christian Church, 190 Day Drive, Sebastian. Section 8. BALLOT. The purpose of this election shall be to present a referendum issue to the electors of the City of Sebastian of whether or not to adopt revisions to the City Charter. The ballot shall be substantially in the following form: BALLOT CITY OF SEBASTIAN, FLORIDA Referendum #9 Amending Sections 4.02(b), 4.07, deleting Sections 4.05,4.10,4.11, to comply with state elections law. Shall the City of Sebastian amend the City Charter to change the time for filing of the candidate qualifying oath to at least sixty (60) days prior to the day of the election; remove ballot provisions superceded by state law, and to repeal the requirement for the Mayor to call the election by proclamation since the City Charter already provides for the calling of elections by resolution of the council? Yes for Approval No for Rejection Section 9. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption effect immediately upon its adoption by the City Council. The foregoing Ordinance was moved for adoption . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: by Councilmember (i5) @ Mayor Brian Burkeen Councilmember Nathan McCollum Councilmember Andrea Coy Councilmember Sal Neglia Councilmember AI Paternoster The Mayor thereupon declared this Ordinance duly passed and adopted this _ day of ,2006. CITY OF SEBASTIAN, FLORIDA By: Mayor Brian Burkeen ATTEST: Approved as to form and legality for reliance by the City of Sebastian only: Sally A. Maio, MMC City Clerk Rich Stringer, City Attorney I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State Statute, that one public hearing on the Ordinance was held on the day of , 2006, and that following said public hearing this Ordinance was passed by City Council for placement on the March 13, 2007 ballot. Sally A. Maio, MMC City Clerk 4 ORDINANCE NO. 0-06-18 AN ORDINANCE OF THE. CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND SECTION 5.03 OF THE CITY CHARTER TO SHORTEN THE CHARTER REVIEW CYCLE FROM SEVEN TO FIVE YEARS; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section_ 166.031 of Florida Statutes provides that the governing body of a municipality may submit to the electors of that municipality a proposed amendment to all or parts of its City Charter; and WHEREAS, in accordance with Article V of the City Charter, the Charter Review Committee has met, held public hearings, and recommended certain revisions to the Charter; and WHEREAS, the City Council desires to submit the proposed amendments to the City Charter for ratification by the electors of the City of Sebastian, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, that: Section 1. That upon passage of the Referendum submitted hereunder, existing Section 5.03 of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: "Sec. 5.03. Charter review committee. Not later than April 15 of the year 1999 and of every ~ 5th year thereafter, the city council shall appoint a charter review committee to review the Charter of the city. Each charter review committee shall consist of fifteen (15) residents of the city. The committee shall otherwise be appointed in the manner provided by the Code of Ordinances. The committee shall be funded by the city council and shall be known as the "City of Sebastian Charter Review Committee." It shall, within six (6) months from the date of its formation, present to the city council its final recommendation for amendment of the Charter or its recommendation that no amendment is appropriate. If amendment is to be recommended, the charter review committee shall conduct two (2) public hearings, at intervals of not less than fourteen (14) days, prior to the transmittal of its recommendations to the city council. The city council may by ordinance submit any or all of the recommended amendments to the electors for vote at the next general election held within the city or at a special election called for said purpose." @ Section 2. ELECTION. An election is hereby called and scheduled for March 13, 2007, to determine whether the revisions to the City Charter of the City of Sebastian, Florida shall be approved by the majority of the votes cast in such election, in which the qualified electors residing in the City of Sebastian shall participate. Section 3. POLLING PLACES. The places of voting in such election shall be the usual places of voting in the City of Sebastian, Florida, in the regular election as determined under the applicable provisions of Florida law, which are currently as follows: Precinct Location 103 Sf. Sebastian Catholic Church, 13075 U.S. 1, Sebastian 104 VFW Post 10210, 815 Louisiana Avenue, Sebastian 105 Sebastian Elks Lodge No. 2714, 731 South Fleming Street, Sebastian 106 North Indian River County Library, 1001 CR 512, Sebastian 107 Sebastian Elementary School, 400 CR 512, Sebastian 109 North Indian River County Library, 1001 CR 512, Sebastian 201 Trinity Lutheran Church, 611Schumann Drive, Sebastian 203 Calvary Baptist Church, 123 Thunderbird Drive, Sebastian 204 Sebastian Christian Church, 190 Day Drive, Sebastian Section 4. BALLOT. The purpose of this election shall be to present a referendum issue to the electors of the City of Sebastian of whether or not to adopt revisions to the City Charter. The ballot shall be substantially in the following form: BALLOT CITY OF SEBASTIAN, FLORIDA Referendum #10 Amending Section 5.03 to require that the Charter Review Committee meet every five years. Shall the City of Sebastian amend the City Charter to provide that the Charter Review Committee meet every five years instead of seven years? Yes for Approval No for Rejection Section 5. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption effect immediately upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember . The motion was seconded by Councilmember o 2 and, upon being put to a vote, the vote was as follows: Mayor Brian Burkeen Councilmember Nathan McCollum Councilmember Andrea Coy Council member Sal Neglia Councilmember AI Paternoster The Mayor thereupon declared this Ordinance duly passed and adopted this _ day of ,2006. CITY OF SEBASTIAN, FLORIDA By: Mayor Brian Burkeen ATTEST: Approved as to form and legality for reliance by the City of Sebastian only: Sally A. Maio, MMC City Clerk Rich Stringer, City Attorney I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State Statute, that one public hearing on the Ordinance was held on the day of , 2006, and that following said public hearing this Ordinance was passed by City Council for placement on the March 13, 2007 ballot. Sally A. Maio, MMC City Clerk @ 3 @J 06.008 73 06.085 75-81 06.062 83-87 Regular City Council Meeting September 13, 2006 Page Twelve - Ms. Coy said she would support Indian River League at this time but not Treasure Coast. Mr. Paternoster agreed with Ms. Coy and said he was concerned about charter counties; and Mr. Burkeen agreed. Voice vote on the motion carried 5-0. Ms. Coy said all the Florida League of Cities classes they attended at the Jacksonville conference have been ordered on CD and are available to Council members. B. Quarter Round Swale Proiect Update (City ManaQer Transmittal. Drawing Under Separate Cover) The City Manager presented the quarter round map and read off the areas proposed for installation. He said there is an RFP and conceptual schemes drawn up and ready to go when the City Attorney approves the package. He invited the public to contact the City Manager if they have any questions about the proposed plan. Mr. Paternoster said he would like a list of areas that get the most complaints but could get it tomorrow. Ms.Coy said she supports the project. The City Manager said the contract will come back to Council for approval. C. Sebastian Football Lease (City Attorney Transmittal, Agreement) Tabled. 12. NEW BUSINESS A. First ReadinQ Ordinance No. 0-06-09 Proposed Charter Amendment _ Referendum #1 Re: Land Purchases Needing Appraisals - Schedule Public Hearing for October 11, 2006 (City Clerk Transmittal for All Charter Ordinances, 0-06-09) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE I, SECTION 1.02(1) OF THE CITY CHARTER; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. @ 12 Regular City Council Meeting September 13, 2006 Page Thirteen The City Attorney read Ordjnance No. 0-06-08 by title only. On MOTION by Mr. McCollum, and SECOND by Mr. Paternoster, Ordinance No. 0-06- 09 was passed on first reading and a public hearing was set for October 11, 2006 with a roll call vote of 5-0. 89-91 B. First ReadinQ Ordinance No. 0-06-10 Proposed Charter Amendment Referendum #2 Re: FillinQ Vacancy for Vice Mayor - Schedule Public HearinQ for October 11, 2006 (0-06-10) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA; SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE 2.06 OF THE CITY CHARTER TO PROVIDE FOR FILLING VACANCIES IN THE OFFICES OF VICE-MAYOR; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-06-10 by title only. Willard Siebert asked if this provided for the filling a vacant mayor and vice-mayor seat and the City Attorney explained the vice-mayor would move up into the mayor's seat. On MOTION by McCollum, and SECOND by Ms. Coy, Ordinance No. 0-06-10 passed on first reading and a public hearing was set for October 11, 2006 with a roll call vote of 5-0. 93-96 C. First Reading Ordinance No. 0-06-11 Proposed Charter Amendment Referendum #3 Re: November Elections - Schedule Public HearinQ for October 11.2006 (0-06-11) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA; SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND SECTIONS 2.03 AND 2.06 (a) and (c) OF THE CITY CHARTER TO CHANGE ELECTIONS TO NOVEMBER; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-06-11 by title only. The City Attorney offered an author's amendment explaining when this will begin to take place. The following will be added to the ordinance: Willard Siebert offered the City's issues may get lost on a state and federal ballot. @ 13 Regular City Council Meeting September 13, 2006 Page Fourteen The City Clerk, as the City's Supervisor of Elections, advised Council that the City would bear all of the election's costs every other year because it would be the only agency conducting an election in November in odd numbered years. On MOTION by Mr. McCollum, and SECOND by Mr. Neglia, Ordinance No. 0-06-11 passed on first reading and a public hearing was set for October 11, 2006 with a roll call vote of 5-0. 97-99 D. First Readina Ordinance No. 0-06-12 Proposed Charter Amendment Referendum #4 Re: IncreasinQ Council Salaries - Schedule Public HearinQ for October 11. 2006 (0-06-12) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND SECTION 2.05 OF THE CITY CHARTER TO INCREASE COUNCIL SALARIES; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-06-12 by title only. The City Attorney pointed out that because a cost of living adjustment is included, it will be the last time Council will have to increase their salary. Maureen Cummings read a letter she has sent to the Press Journal supporting and justifying a Council increase based on the time Council's puts in. Willard Siebert recommended approval of the salary increase. MOTION by Ms. Coy, and SECOND by Mr. Paternoster, Ordinance No. 0-06-12 passed on the first reading. Mr. McCollum said he thinks this is a bad time to give Council an increase based on what is being offered to staff, but said his position is that we should keep everybody in the City consistent with expenses such as travel reimbursements, etc. He recommended that Council be given a car allowance. Mr. Neglia said he would like to see the amounts dropped to $600, $700 and $800. Ms. Coy said the only way she could agree with Mr. McCollum's recommendation to keep things consistent is if the Council salaries had kept consistent with other staff but it has been unchanged since the last charter. Mr. McCollum said he would support amounts that the Council would currently be making if the salary kept up with the cost of living. @ 14 Regular City Council Meeting September 13, 2006 Page Fifteen The Ordinance passed on first reading with a roll call vote of 3-2 and a public hearing was set for October 11, 2006 (Mr. McCollum, Mr. Neglia - nay) 101-103 E. First ReadinQ Ordinance No. 0-06-13 Proposed Charter Amendment Referendum #5 Re: Notice and Time for Special Council Meetings - Schedule Public Hearinq for October 11, 2006 (0-06-13) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND SECTION 2.12(a) OF THE CITY CHARTER CONCERNING TIME AND NOTICE REQUIREMENTS FOR SPECIAL MEETINGS; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. The City Manager read Ordinance No. 0-06-13 by title only. Mr. McCollum expressed concern about emergency situations and the City Attorney read the exemption for emergency issues. Mr. McCollum said he was concerned as to the definition of emergency issues and the City Attorney said we could add "or the Mayor" or "if a public emergency exists". On MOTION by Mr. McCollum, and SECOND by Ms. Coy, Ordinance No. 0-06-13 passed on first reading as amended to strike "as defined under Florida law" and a public hearing was set for October 11, 2006 with a roll call vote of 5-0. 105-107 F. First Reading Ordinance No. 0-06-14 Proposed Charter Amendment Referendum #6 Re: 3.01 AmendinQ Charter Officer Provisions to Comply with Council-Manager Form of Government - Schedule Public HearinQ for October 11, 2006 (0-06-14) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA; SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND SECTION 3.01 OF THE CITY CHARTER TO REMOVE CONFLICTS WITH THE COUNCIL/MANAGER FORM OF GOVERNMENT; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-06-14 by title only. On MOTION by Mr. McCollum, and SECOND by Mr. Neglia, Ordinance No. 0-06-14 passed on first reading and a public hearing was set for October 11, 2006 with a roll call vote of 5-0. 00 15 Regular City Council Meeting September 13, 2006 Page Sixteen 109-112 113-115 G. First Reading Ordinance No. 0-06-15 Proposed Charter Amendment Referendum #7 Re: 3.06, 3.07 and 3.08 AmendinQ Police Department References to Comply with Council-Manager Form of Government - Schedule Public HearinQ for October 11, 2006 (0-06-15) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA; SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND SECTION 3.06 AND DELETE SECTION 3.07 AND 3.08 OF THE CITY CHARTER TO PROVIDE FOR A LAW ENFORCEMENT AGENCY BUT RESOLVING CONFLICTS WITH COUNCIL/MANAGER FORM OF GOVERNMENT; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-06-15 by title only. On MOTION by Mr. Paternoster and SECOND by Ms. Coy, Ordinance No. 0-06-15 was amended from Law Enforcement to Police Department and passed on first reading and a public hearing was set for October 11, 2006 with a roll call vote of 5-0. H. First ReadinQ Ordinance No. 0-06-16 Proposed Charter Amendment Referendum #8 Re: 3.09 AmendinQ City Attorney Provisions to Complv with Council-Manager Form of Government - Schedule Public Hearino for October 11,2006 (0-06-16) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA; SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND SECTION 3.09 OF THE CITY CHARTER TO REMOVE PROVISIONS IN CONFLICT WITH CHARTER OFFICER AUTHORITY OF CITY ATTORNEY; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-06-16 by title only. On MOTION by Mr. McCollum, and SECOND by Mr. Neglia, Ordinance No. 0-06-16 passed on first reading and a public hearing was set for October 11, 2006 with a roll call vote of 5-0. @ 16 Regular City Council Meeting September 13, 2006 Page Seventeen 117-120 I. First ReadinQ Ordinance No. 0-06-17 Proposed Charter Amendment Referendum #9 Re: Calling Elections - Schedule Public Hearina for October 11. 2006 (0-06-17) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO DELETE SECTIONS 4.05, 4.10 AND 4.11 AND AMEND SECTIONS 4.02 AND 4.07 OF ARTICLE IV OF THE CITY CHARTER TO COMPLY WITH STATE ELECTIONS LAW; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FORAN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-06-17 by title only. On MOTION by Mr. McCollum, and SECOND by Mr. Neglia, Ordinance No. 0-06-17 passed on first reading and a public hearing was set for October 11, 2006 with a roll call vote of 5-0. 121-123 J. First ReadinQ Ordinance No. 0-06-18 Proposed Charter Amendment Referendum #10 Re: Charter Review Committee (0-06-18) AN ORDINANCE OF THE CITY OF SEBASTIAN, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND SECTION 5.03 OF THE CITY CHARTER TO SHORTEN THE CHARTER REVIEW CYCLE FROM SEVEN TO FIVE YEARS; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-06-18 by title only. On MOTION by Mr. Paternoster, and SECOND by Mr. Neglia, Ordinance No. 0-06-18 passed on first reading and a public hearing was set for October 11, 2006 with a roll call vote of 5-0. Ms. Coy asked if this was new and what other municipalities do and the Clerk replied she did not know about other cities but this was in response to the Charter Committee. 06.120 125-128 K. Bellsouth Easement (City Attorney Transmittal, Revised AQreement) On MOTION by Ms. Coy and SECOND by Mr. Paternoster, the Bellsouth Easement was approved on a roll call vote of 5-0. @ 17 Regular City Council Meeting September 13, 2006 Page Eighteen 13. CITY ATTORNEY MATTERS - The City Attorney stated to get public business done, one is sometimes accused of not telling the whole story or the truth, he hoped the public realized the truth. 14. CITY MANAGER MATTERS 06.143 129-130 A. Airport Facility LeasinQ (City Manager Transmittal) The City Manager introduced Joe Griffin, the new Airport Director. He then went on to discuss his recommendation on the new airport administration facility and the idea of relocating the Engineering Department to the main City Hall building and leasing out the additional office space in the new airport building. Mayor Burkeen said he had discussions with the City Manager about this and asked for Council's. input,. though he said it is the City Manager's authority to house his departments as he deems appropriate. Ms.Coy agreed with the idea. Mr. Paternoster agreed, but asked since we received grant funding, would leases have to be for the betterment of aviation. The City Attorney said this is a joint fund between the airport and the general fund and as long as there is a reasonable divvying of the funds FAA should be alright with it. The City Manager said the general fund would take entire ownership of the building and pay the airport fund back for the land lease, and the monies would come back to the general fund. He said there has been some interest already and we can do an RFP. Mayor Burkeen advised that a motion is needed to extend the meeting. On a MOTION by Mr. Neglia and a SECOND by Mayor Burkeen, the meeting was extended until 11 :00 p.m. with a roll call vote of 4-1. (McCollum - nay) On MOTION by Mr. McCollum and SECOND by Ms. Coy, the City Manager was directed to prepare a RFP to lease out Engineering Dept. space in the new building on a roll call of 5-0. 15. CITY CLERK MATTERS None. @ 18 Regular City Council Meeting September 13, 2006 Page Nineteen 16. CITY COUNCIL MATTERS A. Mavor Burkeen None. B. Ms. Coy Offered kudos for the new splash pad and suggested we need a bike rack there. C. Mr. Paternoster Mr. Paternoster described how Kathleen Quanick and family tried save a 50 lb. sea turtle with officer Poore's assistance. Chris Vann, Sea Turtle Rescue from Indian River Shores was able to take it to Juno Beach but the turtle did not make it through the night. He read a note from Ms. Quanick. He asked for a certificate of appreciation for the family. D. Mr. NeQlia Mr. Neglia asked if there could be a gate installed on the splash pad; commended Shai Francis for her award for budget preparation which will be forthcoming in about eight weeks; and reported that someone e-mailed us to call us hypocrites for not giving City employees a raise which he says is not a true statement and says this City has one of the best employee packages citing examples. E. Mr. McCollum None. 17. Being no further business, Mayor Burkeen adjourned the Regular Meeting at 10:40 p.m. Approved at the September 27, 2006 Regular City Council Meeting. Brian Burkeen, Mayor ATTEST: Sally A. Maio, MMC - City Clerk ~D) 19 Customer Ad Number f!!.!! ~ Copvline @ ~ III SCRIPPS HOWARD SCRIPPS TREASURE COAS' NEWSPAPERS Vera Beach Press Journal 1801 U.S. 1, Vera Beach, FL 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared, S. Darlene Broeg who on oath says that she Is Classifle, Manager of the Varn Beach Press Journal, a dally newspaper published at Vero Beach in Indian River County, I attached copy of edvertisement was publshed In the Vero Beach Press Journal in the followlng Issues below. ,. that the said Vero Beach Press Journal is a newspaper published In Vero Beach In said Indian River County, F said newspaper has heretofore been continuously publiShed In said Indian RIver County, Florida, dally and distr River County, Florida, for a period of one year next preceding the first publication of the attached copy of advert affiant further says that she has neither paid or promised any person, finn or corporation any discount, rebate, c refund for the purpose ofSecuring this advertisement for publication in the said newspaper. The Vero Beach Pn been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has bee one year next preceding the first publication of the attaclied copy of advertisement CITY OF SEBASTIAN /GROWTH 14m99 9/27/2006 PUBLIC NOTICE :0><::: ,.,c.:. r.oC: -<::;" w " _I ;-'0 aU) w<>- >cot:: '-:-WO Ltlu) (;) lJ... \iliIlJ...o c.:::ow )-0 f- - - u.. 0lJ... C> LJ") .--f .--f .--f E: a:: co ('\J (L LU Uj <;.Q <= '.= C'-' Subscribed and sworn to me before this date: Septe~r 27, 2006 So .lY/Ur.~V LJ ~ Notary Pub Ie .......... MARY T. YRNE ,;'m~'t~y ~ "'~ Nolaly Public. Stale 01 Florida i. .~ CommIssion Expires e.w.211.~10 ~i'1> "'i Commission # DO ~t/I. ,",,1,:f,m.' Bonded By Nallonal Notary Assn. @ A1LDtRlItmentl City Clerk Home E~n Info1'!mltlQ!l Boards & Committees Public Notices Code of Ordinances Land Development Code Cemetery Public Records C,ty of Seb<ls1.ian Homo Dr Po i:;J.n :slard 1225 w'di~ S:~oe: S~has!J3:1, n.. 328513 ---.---, .--- -............. .. ......-...........- ..L""-"".L~OV ........... J.1.... ~ "'5'"' .1 UJ. J Elections ~ Election Day Is the Second Tuesday in March of each year (Next Elect March 13, 2007)(Charter 2.03) ~ Sebastian City Council Consists of Five Members (Charter 2.01) ~ City Council Members Serve Two Year Terms (Charter 2.04)* ~ Three (3) Two-Year City Council Seats Are Filled in Odd-Numbered ~ and Two (2) Two-Year City Council Seats are Filled in Even-Numbered ~ (Charter 2.03) ~ City Council Seats Are At-Large (Charter 2.01) ~ City Council Candidates must Be Qualified Electors in the City and H~ Actually Continually Resided in the City for a Period of One Year Immed Preceding the Final Date for Qualification (Charter 2.02) ~ City Council Terms Begin at a Special Meeting on the Monday Follow the Election (Charter 2.04) ~ Mayor and Vice Mayor Are Elected by City Council Each Year from Among its Members at the First Scheduled Meeting Subsequent to the EIt (Charter 2.06) The City's qualifying officer is City Clerk, Sally Maio and the qualifying] is no more than 60 days nor less than 45 days prior to the election (usuall) during a two week period in January) and candidate packets can be obtain the Office of the City Clerk. Other Helpful Links: M~!~~-~QQZ_g_?:!l~~9:?:!~_!i_an~~~2!<:-1P~_~?_~Q2_M) Florida Division Of Elections - 2006 Election Laws _ ht!P:~~!~~!i2!l:~Q~_~~!~!e.JI:~~/J2~_~Ji(:;~!!g!l~(~~iIt?le(:;~gB!~~~~igh~E~X Florida Division of Elections - 2006 Candidate & Campaign Treasure . Handbook ht!P:(/t?l~~!i 2Il.42~~st?:t~:Jt~s!p~~.I!(:;~!i2Ils/p4f/~QQ~I~t?~g?:I14.~.()()~~p< PROPOSED CHARTER AMENDMENTS FOR OCTOBER 11,2006 COUNCIL PUBLIC HEARING - IF ADOPTED BY ORDINANCE ' http://www.cityofsebastian.orglCityClerk_Elections.htm 10/4/2006 - ---- -------, ............- ...........v... .., ....u...u~.J.."" ~"-\J.1.U.5\j 1.111""\.... rC:tgt,;; L. or -' WILL BE PLACED ON THE MARCH 13, 2007 BALI-OT CLICK ON THE LINKS BELOW TO OPEN UP THE ORDINANCE FULL TEXT OF EACH AMENDMENT AND THE BALLOT TITLE SUMMARY: ORDINANCE NO. 0-06-09 QUESTION #1 - Requiring Appraisals and Supermajority Vote for Certain Land Purchases (PDF,175K) ORDINANCE NO. 0-06-10 QUESTION #2 - Filling Vacancy Mayor and Vice Mayor (PDF, 146K) Q~~~b.N_g~__~_<2__Q:96:lLQ!:L~~SIIQ~_P)_~ rvt:QY-i!!!L~!~~~iog~ to November .-.--_.____._m.__._m_._.__._.....__ (PDF,21lK) ORDINANCE NO. 0-06-12 QUESTION #4 - Increasing Council Salaries (PDF,146K) ORDINANCE NO. 0-06-13 QUESTION #5 - Changing Notice and Start Time for Special Meetings (PDF, l52K) ORDINANCE NO. 0-06-14 QUESTION #6 - Removing Conflicts with CouncillManager Form of Govennnent (PDF, 147K) ORDINANCE NO. 0-06-15 QUESTION #7 - Removing Conflicts Re: Creation of Departments and Establish. Policy City Maintains Police Department (PDF,187K) ORDINANCE NO. 0-06-16 QUESTION #8 - Removing Provisions Conflicting with City Attorney's Authority as Charter Officer to Appoint Assistant (PDF, 155K) ORDINANCE NO. 0-06-17 QUESTION #9 - Amending Provisions Relative to Elections to Comply with Florida Election Laws (PDF,218K) ORDINANCE NO. 0-06-18 QUESTION #10 - Requiring Charter Review Committee to Meet Every Five Years Rather than Seven (PDF, 159K) @ http://www.cityofsebastian.orglCityClerk_Elections.htm 10/4/2006 -- .. ..........-............- ....",,-.....-b'" .LL~.1. 1..... ~ ao~ J VI. J For further information on State of Florida Election Laws or Indian River -n__......n.mm_._...___..__.._m___..___.m__m_m_...n.._.__._.,__.___,..,...,___,__.....___..~_....__ __..m"'__._m_.__. _. .......n.._.___..__._..___ County_~!!p!:!yisor of Elections, click on these links. You may contact the Clerk at smaio@cityofsebastian.org back to top @ http://www.cityofsebastian.orgiCityClerk_Elections.htm 10/4/2006 HOME OF PWCAN ISlAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Public Hearing and Final Adoption of Ordinance No. 0-06-19- City Council Expense Account Increase Agenda No: Q{P, {5 I C /l1 .A A Department Origin: City Clerk ~v\... Date Submitted: 10/4/2006 10/ Submittal by: ';fA \ n er, City Manager Expenditure Required:. For Agenda Of~ 1/2006 City Attorney: . Amount Budgeted: Appropriation Required: SUMMARY STATEMENT City Council, at its September 27,2006 Regular Meeting, passed Ordinance No. 0-06-19 on first reading as amended to increase the expense account to $300 per month. RECOMMENDED ACTION Conduct the public hearing and take action on Ordinance No. 0-06-19, to adopt or deny as Council deems appropriate. @ ORDINANCE NO. 0-06-19 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 2, REGARDING COUNCIL EXPENSES AND. CITY TRAVEL POLICIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING .FOR EFFECTIVE DATE. WHEREAS, it is in the best interest to modify the existing policies of the City concerning travel and City Council expenses due to impracticalities in accounting for the same under the current system and to further compliance with the City's charter form of government. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That section 2-34 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as fOllows: Sec. 2-34. Expenses of council members. There shall be paid to each council member a three hundred ($300.00) dollar per month expense allowance as lump sum reimbursement for incidental expenses, to include costs for travel within seventy-five miles of the City. A Council Member may file a written notice with City Clerk that the expense allowance is declined. Section 2. That section 2-35 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 2-35. Travel authorization and reimbursement. Council member shall obtain prior authorization for travel more than seventy-five miles outside the City of Sebastian at a regular city council meeting. Such authorization shall be by majority vote of the council members in attendance. Appointment by the council of a member to be the city's representative to a committee or agency shall be deemed to be authorization to attend meetings of said committee or agency. @ @ Council members shall be reimbursed for their actual and necessary travel expenses in accordance with policies and procedures adopted by resolution, including mileage costs for travel beyond seventy-five miles. Section 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provisions. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 5. immediately. EFFECTIVE DATE. This Ordinance shall become effective Councilmember The foregoing Ordinance was moved for adoption by . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Brian Burkeen Councilmember Nathan McCollum Councilmember Andrea Coy Councilmember Sal Neglia COuncilmember AI Paternoster The Mayor thereupon declared this Ordinance duly passed and adopted this day of ,2006. ATTEST: Sally A. Maio, MMC City Clerk CITY OF SEBASTIAN, FLORIDA By: Mayor Brian Burkeen Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney SCRIPPS TREASURE COAST NEWSPAPERS Vero Beach Press Journal 1801 u.s. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION ~ :.A: ~ iii SCRIPPS HOWARD STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared. S. Darlene Broeg who on oath says that she is Classified Inside Sales Manager of the Vero Beach Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was publshed in the Vero Beach Press Journal in the following issues below. Affiant further says that the said Vero Beach Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida. for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Vero Beach Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Customer Ad Number Pub Date Copvline CITY OF SEBASTIAN /GROWTH 1481380 10/1/2006 NOTICE OF ORDINANCE Subscribed and sworn to me before this date: OCtob~~, 2006 $. Dv. 4e.", ~ ~ } . ......It." MARY T. BYRNE .. . ..." ~y PtJ. "~ p I !~m'" -('\, Notary Public - State of Florida i. · . iMY Commission Expires Auj;~~1.Q \~ 1.1 Commission # DD 544327 ,:f,,'ir.r.I, ..' Bonded By National Notary Assn. PO# ORDINANCE NO. 0-06-1 @ @ .:,.. HOME Of PtU<:AN 1$J..AND CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Approval for Concert at Barber St. Agenda No. Sports Complex. Submittal by: City Manager Department Origin: ~~~~ Finance Director: .l( C~ty Attorney: ~ City Clerk: .' Date Submitted: October 3, 2006 For Agenda of: October 11, 2006 Exhibits: Letter from Kin Music Productions and Park Use Permit Application. EXPENDITURE REQUIRED: AMOUNT BUDGETED: N/A None APPROPRIATION REQUIRED: None SUMMARY Richard Frank of:Kin Music Productions is seeking Council approval to hold a concert at the Barber St. Sports Complex on October 21,2006 from 6 to 9 PM. Mr. Frank has met with staff and agreed to hire two Police Officers to patrol the concert. Staff suggested having the concert in the Riverview Park area but Mr. Frank wanted the B.S.S.C. location due to the proximity to the Skate Park. The Sharks football league is playing away that weekend so there will be no conflict with them. They would set up a stage in the north football field parking lot. They will sell food and sodas at the event with all proceeds donated to local Thanksgiving food baskets. They are expecting 75 to 100 people to attend the concert. The attached letter and Park Use Permit Application list all details associated with the concert. RECOMMENDED ACTION Consider request and move appropriately. @ @ September 6, 2006 Dear Mr. Minner, .... .. . .. l- .. 8475 4th PIa_ Vero Be.ch, FL 32... Phone, 77Z..7...... F8JG77Z.seZ.7..1 Emalhfnln42310M1Isouth.net \:::"o\-a.~~ F-1."C.\.-() f"~IZ..\I-\:""b L..oT I'm writing to request the use of'Berau 8tIcerlGct>1!5'-' Street Park on the night of October 21rst. We would like to present a community event and fundraiser for the families of Sebastian. The event will be aimed at middle and high school youth and will include concessions and live music. We would like to use the east end of the parking lot to set up a mobile stage for music equipment. We think this would be a great way to promote community spirit and enter the holiday season. All proceeds will be donated for local thanksgiving food baskets. Please feel free to call me about any further details, Sincerely, ~~.~~ Andrea Frank Kin Music Productions, Asst. Director 772.978.0954 ~~~ l,,-- -I ~ u. 01Yi1t SEBAST~ ~:~~-~ IfOMJ. QJ' l>I:UCAft ISlAND !.i{5 M~l1il $\;reet. 5eOusl,iQiil. F1 1:~q~.ra r~l~pn()n" (772)589-5330 - riAl( (77/.)~1l9557t) CITY OF SEBASrIAN PARK USE PERHIT APPI. reA TION Park EVlilIlt - SO HI 30Il At1~1)de.... S!'iO.OO AppllcatiOl1iP.rmit ~'ee P: !'HI'! checl<- thl! appr'('pl'1ate !:lOX: llr , Speda. }i,vent - 301 or M<>t"t ,\tr.end~es n / t 1100.00 Applk.tlOfI h. "",. 1.~/ft~ ..,-'- -:-- , ~.7~r;,c~~~ ::);:~m~.t;~::~~_ of '0 ~<Iu,trl~~i'"-liOd o,JS:t~~\JS\c:... ~~~01---s.Sl ;,:'tJn',,';' (O'i4~ s~j~~ \Je~ f3~,_fL_,3,,~g&~ '1i,i! !1I,o; i\ct']n~~.5: :SA N\t-- -I: l'~Phc)ll..'",]J, ;).--~ _9ia,';-~5"'-1--__h_-____'-n- ----'. ._- II.;"," "I' Orl(.;l!Ij;:~ti(,n .". (Or(lUD,;_.b1lA.....::_lAU$:.~_.pv~~_~.:::t="r\.C I Ilc.,u" :", u.,..~__:-r~, _~~,~ ~yo~~~__~~ *)1 1<<'(!lIl", ,.:<j ~),ne(s) Jo.~,;l.,L~-,----__.-n _,,_____ _____'n_' ';:~: :::':",' e'':@li'~~-'--- k/1.1 tlwn' h.. iiny saLe 01 ~oods? Yes ')(. tlc >~>> !1 V':"~; ~\~:ISC~ ,~,,:,t.l ioe type of goods On-;;ii-~- -------.'- ~ I-'no<1 nr tltrer ':ype<; 01' vendors? Yt!s_~___ ~,~__ __ R,~ (I' yt'$ JI.~~I~~ 1St r)dm~, Jtldre15 and typ~ of v~t~dor~ ar,d ~,.hema~1C IJf arly ?.lL').r.~l.7....:;._ ~ t""Ot t.. ~.rc.cted Q'- ."'. 'he-w1se aSS@lr.ble<lenbo.Ck'.. J~.O,.~~ u!lde"$1gne'1. "ckr;OI'~ed~<! that! a01 tlw "rJr.l.",II" 'J- "11: ;111::h(\r,.e~ ~!l,,~t 0" tl\e appl'cant : tur'.l1et ..CKnowlec1gf' I.h~t l ;r~ "warl~ of 'i1<' p,'o'I'S.'01S of the CIty __1' 5,,"\),,~t"H) C.ode; 1n respect I'll this dDot i<:<Hif'n ,!lId the us~ of the City f"J,~ll'-tir:~' for Hhich I 113'l1! "opl NI-'lr ;, l)t"mio to allow ~ P3~k ::'lent or a 'p..c1a.~ ~''''nt. I lid'll:: ;MOr;, :nV,,:.pl r' l.;.t.,i:,i:H' ~.Jl~'~l thp. g~n~r.i:.l (ul~s and :-e;~ul&tiQn~ t:H'e~.(..! iDe\j by th\: ':~!-\.. ',,\(: ':.,',c"" to] r'1e L"r'l'" ot Ul'~ permit. __ _ ._._ -", _~):~~~ l~c~rt;^gent :i'gnatIJf-~ '-,f f 1 i' -I)':.:: 1"1 @) ____A __~._.~. '-'_........._ 1;"::IHHI h't- P:-.:d J ':"". ,__~_ __-,~,~;,i~--"-=__ *1e~ rsj.~ ~V~~ ~ .~ r~* CL ~ "'NPS'dJ.. -0J.,.1- --C.-....... ~ ~ u.s~ wJ y..'-'*- ( r~~ ::r.- ~~ ,"t~ s.. ~l(}--~. of ~ ~"~ C9-~l+r-~. WQ.. lL'J.\l L~- ~~ {Y\,-'JM~ ~ Q~~)S~+ io ~ 'tJtO~ ~ ~~~~, PMk: Appll<<ltlon Cont1nuell - 11' Req,,1r~d . . Q':---r........-.--:.~!7J~~-1I ~ u.iJ ~.r'- ..-----' u~.~~_J~.---~ ,..J'fft__.m..__:_'_~-- mU' :- ~ -.~~~~~~ -~~~=- ~=~. ~~t'nl~ I;. !.{~..~_.. ----.~-_..-..._.__. .~-.. -- ..--'~ .----,..". . .r....___._.._.........._____.w__......--.-. ..____.__.._ w.____,. A.__"'&"_'-'- I --j ____.-1 :lr rt n\l:.~~. __c.~!.,.2:." ~[l"':: i. ~,-; ond 1 t i 011 $ 01 p~ r Dll ~.._,ll-~~9u_e.?_~L!?:LS i lY '1all..~Ji....~. -_.! . .__..___......__..-.___~..____~_.___~_.-_... _ _.__............_r-.. ... _________...___.~._ _o.-.~..._______._._~_~_,... -.....-.-.-----. ------1 .......-'.----...... \ "---.--] .....1 ml -I ! ...J @ CITY OF SEBASTIAN INDIAN RIVER COUNTY, STATE OF FLORIDA ORIGINAL ~~t{ 10/y'''0 IN RE: Petition for Attorney's Fees & Costs HON. SALVATORE NEGLIA, City Council Member, Petitioner, / AFFIDAVIT OF ATTORNEY'S FEES & COSTS STATE OF FLORIDA COUNTY OF INDIAN RIVER BEFORE ME, the undersigned authority, personally appeared CRAIG M. RAPPEL, who by me being first duly sworn, deposes and says: 1. That Affiant is over eighteen (18) years of age, and has personal knowledge of the matters recited herein. 2. That Affiant is the undersigned counsel of record in this matter and is a member of the Florida Bar and has been practicing law for 18 years. 3. That the Petitioner is entitled to recover from the City of Sebastian pursuant to Section 286.011 (7), Fla. Stats.(2006), as Petitioner was acquitted on the civil infraction violation by County Court Judge Joe Wild, pursuant to Section 286.011 (3)(a) filed against him in his capacity as a Member of the City Council in and for the City of Sebastian by the Office of the State Attorney in and for the 19th Judicial Circuit, State of Florida, in Case No. 2006-14384. 4. As such, Affiant has had experience in actions of the nature involved in this case as evinced by the attached Exhibit "A". 5. Affiant is familiar with the amount customarily charged by attorneys and allowed by the Court for attorney's fees in these proceedings. 6. A statement of attorney's fees and costs is attached hereto and made a part 1 hereof as Exhibit "B". 7. In Affiant's opinion, the attached statement reflects reasonable flat rates for the services provided and also reflects a reasonable costs spent to obtain judgment of acquittal in this case. FURTHER AFFIANT SA YETH NAUGHT CRA~/ ~ BEFORE ME personally appeared Craig M. Rappel who is personally known to me and who executed the foregoing instrument, and acknowledged to and before me he executed said instrument for the purposes therein expressed. WITNESS my hand and official seal this 5th day of October, 2006. ,................... . SUSAN c.......................... : ARUTHERS' : \",..",~ : : t'",..""'-v,~ Com"" 000478948 : : ;f~.l Expi.... 101512009 : i ~~OFf\.~1 Bonded thru (800)432....254 2 i...,:~~I~I;~::......~IOrid.a Notary Assn., Ine : .........................: ~. NOTARY PUBLIC: State of Florida My Commission Expires: It/6~/20C>9. 2 EXHIBIT "A" 2006 - PREVIOUS EMPLOYMENT 1998 - 2005 1996- 1998 1996-1996 CRAIG MARC RAPPEL Member Manager Rappel Health Law Group, P.L. Bridgewater 1515 Indian River Boulevard, Suite A210 Vero Beach, Florida 32960 772.778.8885 e-mail: cmr@rappelhealthlaw.com Trial Practitioner with emphasis in representing physicians, group practices and other healthcare entities in business torts, collections, construction law, employment law, insurance benefits claims, and other healthcare law related matters including litigation in professional liability, constitutional and human rights of patients and federal healthcare entitlement program beneficiaries, contracting, physician-hospital relations, fraud and abuse, and self-referral. "BV" rated by Martindale-Hubbell. Extensively involved in litigation at both the trial and appellate levels in federal and state court, as well as administrative hearings, and forms of arbitration and mediation. Shareholder Rappel & Rappel, P.A. Bridgewater ISIS Indian River Boulevard, Suite A210 Vero Beach, Florida 32960 Associate Cianfrogna, Telfer, Reda, Faherty & Anderson, P.A. 815 South Washington Avenue Titusville, Florida 32780 (321) 269-6833 General Trial Practitioner with emphasis in handling litigation on matters of business related torts, construction law, employment law, trust and estates, criminal law, civil rights, personal injury, worker's compensation and insurance law related matters. Designated Assistant City Attorney for the City of Melbourne, Florida. Responsible for evaluation, preparation, and filing of forfeiture actions under the Florida Contraband Forfeiture Act and chiefliaison counsel with the Melbourne Police Department. Associate Reinman & Wattwood, P .A. 1825 South Riverview Drive Melbourne, Florida 32901 (321) 768-2001 General Trial Practitioner. 1993 - 1996 Associate Reinman, Harrell, Graham, Mitchell & Wattwood, P.A. 1825 South Riverview Drive Melbourne, Florida 32901 1993 - 1996 Litigation Division Lead attorney for satellite office operations including management systems development and reevaluation in support of the goal of providing the highest quality legal counsel in the most appropriate and efficient service possible. Monitored and expedited office procedures and daily workload of paralegals and support staff. 1995 - 1996 CIVIL LITIGA nON SECTION Lead counsel in Commercial Litigation Subsection and actively involved in construction law, domestic and international banking collections, mortgage and lien foreclosures, contract disputes, creditor rights and fraudulent asset transfers, employment law with emphasis in national security clearance matters and investigations, civil rights actions, business torts, insurance claims, ERISA matters and other healthcare law related matters. Designated Assistant City Attorney for City of Melbourne, Florida. Responsible for advising city government departments on legal issues and policy/procedures development and implementation. Represents the City of Melbourne in litigation. 1993 - 1995 CRIMINAL AND DOMESTIC LAW SECTION Acknowledged legal specialist in handling complex criminal defense litigation before State and Federal courts. 1993 - 1995 PERSONAL INJURY AND WRONGFUL DEATH SECTION Represented clients in wide range of matters including products liability, professional liability, premises liability, automobile collisions, common carrier transportation liability, civil rights and municipal liability, loss of or damage to property and wrongful death claims. 1988 - 1992 Assistant State Attorney Office of the State Attorney Eighteenth Judicial Circuit Brevard and Seminole Counties, Florida Government Center Judge Fran Jameison Way Viera, Florida 1990 - 1992 Felony Division Designated trial attorney for general felony prosecutions before the circuit court. Responsible for the case preparation, evaluation and prosecution of violent and non-violent felonies. Assisting law enforcement agencies for investigating ongoing criminal enterprises including the drafting and approving of search warrants, wiretaps and pen registers. Prosecution of defendants qualifying as career criminals. Prosecuted two capital murder cases successfully with results of obtaining death sentences. 1988 - 1990 Misdemeanor Division General trial attorney for misdemeanors. Responsible for filing, preparing, and prosecuting misdemeanors before the county courts. Specialty training and experience in DUI prosecutions. Designated as a training attorney in all aspects of misdemeanor practice. April 1991 Employee of the Month, Pride in Excellence A ward. 1989 - 1991 BAR ADMISSIONS BOARD CERTIFICATION PROFESSIONAL AFFILIATIONS Adjunct Professor Criminal Justice Center, Brevard Community College, South Campus, Melbourne, Florida. Lectured Academy cadets on criminal procedure and substantive law. Prepared examination questions. Procured a high passing rate for cadets on State of Florida Law Enforcement Certification exam. State Bar of Florida, Florida Bar No. 0752428, Admitted, May 17, 1988 District of Columbia, D.C. Bar No. 484208 Admitted, December 8, 2003 United States Court of Appeals for the Eleventh Circuit United States Court of Appeals for the Federal Circuit United States Court of Federal Claims United States District Court for the District of Columbia United States District Court for the Middle District of Florida United States District Court for the Northern District of Florida United States District Court for the Southern District of Florida, General and Trial Bars United States Supreme Court United States Tax Court Criminal Trial Law, Florida Bar (1994 - 2005) Academy of Florida Trial Lawyers (1992 - 1999) American Bar Association Member, Section on Litigation, Committee on Health Law Litigation American Health Lawyers Association American Judicature Society (1988 - 1998) American Inns of Court, Vassar B. Carlton Chapter (1992 - 1995) National member (1995 - 1999) Brevard County Bar Association Judicial Liaison Committee District of Columbia Bar Association Health Law Section Member Federal Bar Association, D.C Chapter Florida Academy of Healthcare Attorneys (1998 - 2004) Florida Bar Association Health Law Section Member Labor Law Section Member Traffic Court Rules Committee (1989 - 1991) Florida Prosecuting Attorneys Association (1988 - 1992) Health Care Compliance Association (1998 - 2004) Indian River County Bar Association Marquis Who's Who in American Law, 1998 Marquis Who's Who in American Law, 2005 Marquis Who's Who in American, 2005 Republican National Lawyer's Association PROFESSIONAL PUBLICATIONS COMMUNITY INVOLVEMENT "Breast & Cervical Cancer Medicaid Benefitfor Uninsured Women Program Review", Florida Statewide Advocacy Council White Paper, April 2003. "Economic Discrimination of Quadriplegic & Paraplegic Clients by Home Health Agencies in Florida", Florida Statewide Advocacy Council White Paper, November 2002. "Efficiency & Effectiveness of Federally Mandated Advocacy Functions on behalf of Clients of the State's Health & Human Services", Florida Statewide Advocacy Council White Paper, July 2002. "Foster Care Program's Client Medical Records maintained by Florida Department of Children & Family Services", Florida Statewide Advocacy Council Orange Item Report, June 2002. "Jury Selection and Racial Discrimination In Civil and Criminal Cases", a case and comment trial notebook chapter, American Inns of Court, Vassar B. Carlton Chapter, April 1995. "Psychotropic Drug Use in Foster Care Program", Florida Statewide Advocacy Council Orange Item Report, July 2003. "Referrals Between the Florida Department of Health's Brain & Spinal Cord Injury Program and the Florida Department of Education's Divisionfor Vocational Rehabilitation ", (follow up study from "Economic Discrimination of Quadriplegic & Paraplegic Clients by Home Health Agencies in Florida''), Florida Statewide Advocacy Council White Paper, June 2006. "w ork Plan for Fiscal Year 2002-2003", Florida Statewide Advocacy Council, July 2002. "Work Plan for Fiscal Year 2003-2004", Florida Statewide Advocacy Council, July 2003. "Work Plan for Fiscal Year 2005-2006", Florida Statewide Advocacy Council, July 2005. Appointed Public Official, Section 402.164, F .S., Professional-Legal member of the State of Florida, Florida Statewide Advocacy Council, (Executive Office of the Governor) May 2000 (Term of office: May 2000 - Nov. 2000; reappointed Nov. 2000 - Nov. 2004; reappointed Feb. 2005 - Nov. 2008, resigned effective June 30, 2006). Chairman 2003 - 2005; Vice Chairman 2001 - 2003. Appointed by Governor Jeb Bush. Charged with the responsibility of the advocacy and protection of vulnerable citizens and Floridians with unique needs by safeguarding their constitutional and human rights through investigation and oversight review of the Executive Branch's administration of the State's health and human services delivery system including all federally mandated health and human services programs and contractors. Requirements included conciliation of client complaints with seven state departments, drafting and presentation of records access warrants to the judiciary; administrative rules promulgation and negotiation of data sharing agreements within Florida state government. Appearance on behalf of the Council before the Florida Legislature including consultation and coordination of health and human services policy implementation. Coordination with Office of Policy & Budget on transfer of the Council from state department level to integration within the Executive Office of the Governor. Points of Light Award Entity Recipient by Gov. Jeb Bush as member of the Florida Statewide Advocacy Council for exceptional voluntary contribution to the Citizens of the State of Florida. April 2003. COMMUNITY INVOLVEMENT EDUCATION 1985 - 1987 Academic Honors and Activities 1982 1981 - 1985 Academic Honors and Activities Parent- Teachers Association, Classroom Parent Volunteer, Osceola Magnet School, Indian River County, Florida, August 1999 - present. Republican Party of Florida, Florida Elections 2002, 2004 and 2006 Election Integrity Legal Response Team, Indian River County, Florida, lead trial counsel. Elected Public Official, Section 98.321, F .S., Republican Precinct Committeeman, Precinct 103, Brevard County, Florida, September 1992. Campaign Treasurer, Joseph E. Flescher for County Commissioner, Indian River County, District Two, 2006. Indian River Soccer Association, Coach, Youth Recreation League, under 5, under 7, under 8, under 10, under 12, cooed. 1999 - present. (USYSA licensed coach) Frequent guest lecturer for non-profit Brevard County Medical Society, Indian River County, St. Lucie-Okeechobee Counties Medical Society, the American Academy of Professional Coders, Space Coast Chapter, Palm Beach-Okeechobee Chapter and Treasure Coast Health Care Coalition. University of Toledo, Toledo, Ohio Juris Doctor, December 19, 1987 Moot Court: Vice Chairman of the Moot Court Board of Governors for 1987 - 1988. Philip C. Jessup International Law Moot Court Team member for 1986 - 1987. Top Ten Best Advocate, Jessup Competition, Central Division for 1987. Member ofthe Order of Barristers, 1988 Who's Who Among American Law Students, 1987 U.T. Student Government, Senator and Appropriations Committee Member for 1986 - 1987. Richmond College, London, United Kingdom Clerkship with Rt. Hon. Fergus Montgomery, M.P. (Con.) University of Florida, Gainesville, Florida Bachelor of Arts in Economics, May 4, 1985. Certificate in Western European Studies, May 4, 1985. Proficiency in French Economic Honors awarded by Omicron Delta Epsilon, International Honor Society EXHIBIT "B" Rappel Health Law Group, P.L. 1515 Indian River Blvd Suite A210 Vero Beach, FL 32960-71 03 Fax: 772-778-8883 Ph:772-778-8885 Rappel Health Law Group, P.L. Bridgewater 1515 Indian River Boulevard, Ste A 210 Vero Beach, FL 32960-7103 Attention: City of Sebastian RE: State v. Sal Neglia DATE Aug-04-06 Aug-14-06 Aug-14-06 Aug-15-06 Aug-15-06 Aug-15-06 Sept-12-06 Sep-18-06 Sept-19-06 Sep-19-06 Sep-19-06 Sept -19-06 Sept-26-06 Sept-27-06 DESCRIPTION Meeting with Sal Neglia and review of Civil Citation issued by State Attorney. File review and Drafting of Motion to Dismiss Notice to Appear; Telephone call with Greg Eisenmenger on representation for Andrea Coy. Drafting of e-mail to Greg Eisenmenger and revised Motion to Dismiss. (Neglia) Research on State v. Mercer, V olusia County Court of Appeals in preparation for non-jury trial. Preparation of mail to Sa1 Neglia and Chris Taylor (state atty.) Open File for Sal Neglia matter Flat Rate Fee for Sunshine Law Violation (civil infraction) Attendance at Hearing on Motion to Dismiss Telephone call with Sebastian City Manager. (Sal Neglia). File review and preparation for order of proof in case to be heard on Sept. 27. Drafting of witness subpoena to City Manager (Neglia). Drafting of witness subpoena to City Manager (Neglia). Telephone call with Sal Neglia on status. Preparation for Non-Jury and receipt of Notice setting Trial. Attendance at Non-Jury Trial Sep 01, 2006 File #: Inv #: 05002 Neglia HOURS AMOUNT BILLER 2.50 0.00 CMR 0.40 0.00 CMR 0.50 0.00 CMR 0.20 0.00 AGO 0.20 0.00 AGG 0.00 2,500 CMR 1.5 0.00 CMR 0.30 0.00 CMR 1.0 0.00 CMR 0.30 0.00 CMR 0.20 0.00 CMR 0.20 0.00 CMR 1.5 0.00 CMR 4.0 0.00 CMR Sept-29-06 Additional research and drafting of letter to 1.0 0.00 Judge Wild enclosing case law disputing legal standard cited by State Attorney and request for judgment of acquittal Oct. 3-06 Received and reviewed Memorandum of 0.20 0.00 CMR Law filed by State Attorney Oct. 3-06 Telephone call with client on status, learned 0.30 0.00 CMR that charges dropped against Andrea Coy; Telephone conference with Greg Eisenmenger. Oct. 4-06 Telephone call with client on confirmation 1.0 0.00 CMR that court issued two page opinion finding client "not guilty"; preparation of affidavit, etc. for reimbursement from Coty of Sebastian; telephone call with City Manager on procedure. CLOSE OUT FILE. 15.30 $0.00 Totals Fees $2500.00 DISBURSEMENTS Disbursements Receipts Aug. 14 -06 Photocopies 15 @.25 3.75 Aug. 15-06 Postage .39 Sept. 19-06 Service of Witness Subpoena $20.00 Sept. 27-06 Photocopies of case law 50 @ .25 12.50 Sept. 27-06 Postage .39 Totals Disbursements Total Fees, Disbursements $37.03 $0.00 $0.00 $2537.03 Previous Balance Previous Payments $0.00 $0.00 Interest Rate Interest Due %23.50 $0.00 Balance Due Now $2537.03 Please make your checks payable to: Rappel Health Law Group, P.L. Taxpayer ill: 51-0555286 We also accept American Express, MasterCard and Visa. Please call 772-778-8885 for details. THANK YOU! CITY OF SEBASTIAN INDIAN RIVER COUNTY, STATE OF FLORIDA ORIGINAL ~v( /O!9~G IN RE: Petition for Attorney's Fees & Costs HON. SALVATORE NEGLIA, City Council Member, Petitioner, / PETITION FOR ATTORNEY'S FEES & COSTS COMES NOW, SALVATORE NEGLIA, hereby requests expenditures to be paid to his legal counsel, CRAIG MARC RAPPEL, for legal services in defense of an action taken against the Petitioner in his capacity as a Member of the City of Sebastian City Council and further states: 1. That the Petitioner is entitled to recover from the City of Sebastian pursuant to Section 286.011 (7), Fla. Stats.(2006), as Petitioner was acquitted on the civij infraction violation by County Court Judge Joe Wild, pursuant to Section 286.011 (3)(a) filed against him in his capacity as a Member of the City Council in and for the City of Sebastian by the Office of the State Attorney in and for the 19th Judicial Circuit, State of Florida, in Case No. 2006-14384. 2. That Public Officials acquittal of a Sunshine Law violation should recover their legal expenses. Askew v. Green. Simmons. Green and Hightower, P.A., 348 SO.2d 1245 (Fla. 1 st 1977). 3. That the amount approved should be $2,537.03. WHEREFORE, Petitioner prays that the City Council grant this request. Respectfully submitted, ~cc-~ Craig Marc Rappel, Esq. 1 1515 Indian River Blvd., Suite A210 Vero Beach, Florida 32960 Telephone: 772.778.8885 Fax: 772.778.8883 Attorney for Petitioner 2 IN THE COUNTY COURT OF THE NINETEENTH JUDICIAL CIRCillT IN AND FOR INDIAN RIVER COUNTY CASE NO. 2006-14384 State of Florida, Plaintiff, vs. Salvatore Neglia, Defendant. I I Verdict Finding Defendant Not Guiltv The City of Sebastian, through its recreation department, administers a complex of clay tennis courts. The courts are newly built and the City intends to have the courts pay their own way by offering paid memberships. City council member j<\ndrea Coy was approached by a citizen who asked if lawn bowling could be held on the tennis courts. Ms. Coy set up a meeting with the lawn bowlers and the city manager. The city manager is tasked with making decisions concerning the use of the recreational facilities. Ms. Coy did not participate in the meeting, other than getting the parties together. The city manager decided to allow lavm bowling on the tennis courts. Subsequent to the city manager's decision, city residents who were tennis players were unhappy with the situation. At a subsequent public meeting ofthe city council\ during the public input portion, a city resident expressed disappointment with the fact that lawn bowlers were using the tennis courts. Ms. Coy responded by recounting the story of setting up the meeting with the city manager, and added that she supported the city manager's decision. She believed it was the best way to make use ofthe tennis courts that were otherwise vacant and losing money based on lack of use. Salvatore Neglia, another council member, also commented that he had received complaints and had called Ms. Coy to find out what was going on with the tennis courts. Mr. Neglia indicated that Ms. Coy had given him the same information that Ms. Coy had just related during the council meeting.2 That admission led to the charge in this case. There is no doubt that Mr. Neglia and Ms. Coy had a telephone conversation about the lawn bowler/tennis player situation. The Court finds that the conversation covered the same information that Ms. Coy had given at the public meeting. Specifically, Ms. Coy let Mr. Neglia know that a meeting had been arranged between the city manager and the lawn bowlers, that the city manager had decided to allow lavm bowling on the tennis courts and that Ms. Coy believed that was a good 1 The meeting occurred on September 25, 2006. 2 Mr. Neglia testified at the hearing that he did not actually receive information from Ms. Coy as he stated on the record at the council meeting. He explained that he was trying to put across the impression that he "was on top of things", when actually he was uninformed about the tennis courts. Mr. Neglia said he thought the impression would help his election prospects. The explanation is lame. The Court has refrained from ruling based on a desire to punish the lame explanation, and will rule based on the facts ofthe case. IN THE COUNTY COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY CASE NO. 2006-14384 State of Florida, Plaintiff, vs. Salvatore Neglia, Defendant. I I Verdict Findin2: Defendant Not Guilty The City of Sebastian, through its recreation department, administers a complex of clay tennis courts. The courts are newly built and the City intends to have the courts pay their own way by offering paid memberships. City council member Andrea Coy was approached by a citizen who asked if lawn bowling could be held on the tennis courts. Ms. Coy set up a meeting with the lawn bowlers and the city manager. The city manager is tasked with making decisions concerning the use of the recreational facilities. Ms. Coy did not participate in the meeting, other than getting the parties together. The city manager decided to allow lawn bowling on the tennis courts. Subsequent to the city manager's decision, city residents who were tennis players were unhappy with the situation. At a subsequent public meeting of the city counci11, during the public input portion, a city resident expressed disappointment with the fact that lawn bowlers were using the tennis courts. Ms. Coy responded by recounting the story of setting up the meeting with the city manager, and added that she supported the city manager's decision. She believed it was the best way to make use of the tennis courts that were otherwise vacant and losing money based on lack of use. Salvatore Neglia, another council member, also commented that he had received complaints and had called Ms. Coy to find out what was going on with the tennis courts. Mr. Neglia indicated that Ms. Coy had given him the same information that Ms. Coy had just related during the council meeting.2 That admission led to the charge in this case. There is no doubt that Mr. Neglia and Ms. Coy had a telephone conversation about the lav.'l1 bowlerltennis player situation. The Court finds that the conversation covered the same information that Ms. Coy had given at the public meeting. Specifically, Ms. Coy let Mr. Neglia know that a meeting had been arranged between the city manager and the lavm bowlers, that the city manager had decided to allow lav.'l1 bowling on the termis courts and that Ms. Coy believed that was a good 1 The meeting occurred on September 25, 2006. 2 :Mr Neglia testified at the hearing that he did not actually receive information from Ms. Coy as he stated on the record at the council meeting. He explained that he was trying to put across the impression that he "was on top of things", when actually he was uninformed about the tennis courts. Mr. Neglia said he thought the impression would help his election prospects. The explanation is lame. The Court has refrained from ruling based on a desire to punish the lame explanation, and will rule based on the facts of the case. decision by the city manager. The Court further finds that at the time of the conversation the issue of the tennis courts was not on any meeting agenda, nor was it contemplated that it would be on any public meeting agenda. The issue of the tennis courts did come up at a public meeting. The issue was raised during the public input portion of the meeting. The council members would be unaware of what issues may be raised during that portion of the meeting. There was no evidence presented which would indicate that any council member was aware that the issue of the tennis courts would appear before the council at that particular meeting. In fact, there was no evidence presented to establish that anyone thought that the tennis court issue would ever be brought up before the council. The evidence did establish that the tennis court issue was a decision within the purview of the city manager. \Vhile the presiding council member did suggest that the matter be taken up again by the city manager, even then there was no certainty that the council would be willing to make any decisions concerning the tennis courts other than deferring to the city manager. The Sunshine Law is meant to prevent public officials from avoiding public scrutiny as they conduct public business. The law is not meant to prohibit any and all private communications between public officials. The Court finds that the communication between the defendant and Ms. Coy was not a meeting where discussions were had on matters on which foreseeable action may be taken by the city council. First, city council action was not, and still is not, foreseeable on the tennis court issue. Second, the discussion was not directed to formulating a decision or plan that would be later enacted formally at a public meeting. Finally, even if the council may end up taking the issue out of the city manager's hands in the future, the conversation concerned the relaying of information about the present status of the lawn bowlers and tennis players, and did not rise to the level of discussing how that issue should be resolved by the council. See Mercer v. State, No. 03-00033- CAAP (Fla. 9th Cir. Ct. Aug. 15, 2005). The defendant is found not guilty. DONE AND ORDERED in Indian River County, Florida, on October 3, 2006. VW.9( Joe Wil , County Judge cc: Office of the State Attorney Craig Rappel, Esq.