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Home My WebLink AboutR-06-26 RESOLUTION NO. R-06-26 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DESIGNATING THE OFFICIAL POLLING PLACES, OFFICES TO BE FILLED AND QUESTIONS TO BE DECIDED DURING, AS WELL AS AUTHORIZING PUBLICATION OF NOTICE AND DELEGATION OF ADMINISTRATION FOR, THE GENERAL ELECTION TO BE HELD ON MARCH 13,2007; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Mayor has called a General Election to be held within the City of Sebastian, Indian River County, Florida on Tuesday, March 13, 2007, by proclamation in accordance with Section 4.05 of the Charter of the City of Sebastian; and WHEREAS, Section 4.07 of the Charter of the City of Sebastian, Florida, requires the City Council of the City of Sebastian to adopt a Resolution upon the calling of an election stating where the election shall take place, naming the offices to be filled and questions to be decided; and to cause notice of election to be published in accordance with Florida Law; and WHEREAS, Section 2.03 of the Charter of the City of Sebastian, Florida, calls for the election of three (3) council members for two year terms on the second Tuesday in March of each odd-numbered year; and WHEREAS, City Council by adoption of Ordinance Nos. 0-06-09, 0-06-10, 0-06-11, 0-06-12,0-06-13,0-06-14,0-06-16,0-06-17 and 0-06-18 on October 11, 2006, and Ordinance No. 0-06-15 on December 13, 2006 has placed ten referendum questions on the March 13, 2007 ballot; and WHEREAS, the ballot title for referendum question #8 as set out in Ordinance No. 0-06-16 required amendment to meet Florida State law relative to the number of words in a ballot title to be 15 or less. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA as follows: Section 1. POLLING PLACES. The March 13, 2007 City of Sebastian General Election shall be conducted at the following precincts as set out by the Indian River County Supervisor of Elections: *Precinct Location 103 104 105 106 107 109 201 203 204 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 *Precincts are subject to be changed by the Supervisor of Elections for Indian River County. Section 2. OFFICES. The three (3) Council member positions expiring in March 2007 shall be filled at said general election for two (2) year terms. Section 3. REFERENDUM. By adoption of Ordinance Nos. 0-06-09, 0-06-10, 0-06-11, 0-06-12, 0-06-13, 0-06-14, 0-06-15, 0-06-16 (ballot title subsequently amended to meet state law), 0-06-17 and 0-06-18, City Council has placed ten referendum questions on the March 13, 2007 ballot as follows: REFERENDUM QUESTION #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 to purchase land without supporting appraisals and requiring a supermajority vote in certain cases? Yes for Approval No for Rejection 2 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 REFERENDUM QUESTION #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 REFERENDUM QUESTION #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 $800; Vice-Mayor $700; Council Members $600 and adjust salaries annually based upon the consumer price index for the southeast United States? Yes for Approval No for Rejection 3 REFERENDUM QUESTION #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 REFERENDUM QUESTION #6 Deleting paragraph (a) of Section 3.01 to remove provisions conflicting with council/manager 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 REFERENDUM QUESTION #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 adopt an official policy that the City shall maintain its own Police Department which will be overseen by a police chief who will be a certified police officer and who will act under the purview of the City Manager? Yes for Approval No for Rejection REFERENDUM QUESTION #8 Amending Section 3.09 (b) to remove conflicts with city attorney's authority as a charter officer. 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 4 REFERENDUM QUESTION #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 REFERENDUM QUESTION #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 4. NOTICE. The City Clerk is hereby directed to cause notice of this election to be published in accordance with Florida Law. Section 5. DELEGATION. City Council hereby requests that the Indian River County Supervisor of Elections administer said election, and hereby delegates the conduct of such election to said officer and further authorizes payment to the Supervisor of Elections to reimburse the costs thereof. Section 6. REPEAL. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. 5 Section 7. EFFECTIVE DATE. This Resolution shall take effective immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember McCo 11 urn . The motion was seconded by Councilmember Paternoster and, upon being put to a vote, the vote was as follows: Mayor Brian Burkeen aye Councilmember Nathan McCollum aye Councilmember Andrea Coy aye Councilmember Sal Neglia aye Councilmember AI Paternoster aye The Mayor thereupon declared this Resolution duly passed and adopted this 13thth day of December 2006. CITY OF SEBASTIAN, FLORIDA ~ Brian Burkeen, Mayor ---- Approved as to Form and Content for Relian by the City of Sebastian Only: l Rich Stringer, City 6