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Home My WebLink About03192007 Special~~~ S~~T~N - ____- -- _ HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA SPECIAL MEETING MONDAY, MARCH 19, 2007 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. CIVILITY PLEDGE We will be respectful of one another even when we disagree. We will direct all comments to the issues. We will avoid personal attacks. 4. MOMENT OF SILENCE 5. ROLL CALL 6. ELECTION MATTERS (City Clerk Transmittal, R-07-11, Certificate) A. CURRENT CITY COUNCIL 1. Adapt Resolution No. R-07-11 -Certificate of Canvassing Board A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE MARCH 14, 2006 MUNICIPAL ELECTION; PROVIDING FOR RECEIPT OF CERTIFICATE OF CANVASSING BOARD FOR CITY OF SEBASTIAN; DIRECTING THE CLERK TO ENTER THE RESULTS OF THE COUNCIL ELECTION IN THE OFFICIAL MINUTES OF THE MEETING OF THE CITY COUNCIL; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. B. NEW CITY COUNCIL 1. Investiture of Newly Elected Officials by City Clerk 2. Election of Mayor 3. Election of Vice Mayor 7. CLOSING REMARKS BY COUNCIL MEMBERS/STAFF 8. PRESENTATION OF PLAQUE TO OUTGOING MAYOR BRIAN BURKEEN 9. ADJOURN AMY PERSON WHO DECIDES TO APPEAL ANY DEC/S/ON MADE IMTH RESPECT TO ANY MATTER CONSfDERED AT THfS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL tS TO BE HEARD. (288.0103 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH D/SAB/LI77ES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION r-OR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 389.3330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. tllY Of -~,~.: FI01M{E OF PEL{CAN IS[AND CITY COUNCIL AGENDA TRANSMITTAL SUBJECT: 3/13/07 Election Matters • Resolution No. R-07-11 • Investiture of Elected Officials • Election of Mayor • Election of Vice Mayor • Plaque to Outgoing Mayor Brian Burkeen Mayor Brian Burkeen MEETING DATE: 3!19/07 A. CURRENT CITY COUNCIL AGENDA NO: DEPT. ORIGIN: CITY MANAGER: CITY ATTORNEY: .[~~ Ci Clerk DATE SUBMITTED:3/12/07 EXHIBITS: R-07-11 w/Attached Certificate of Canvassing Board 1) Resolution No. R-07-11 -Certificate of City Canvassing Board In accordance with Section 4.08(c) of the City Charter, "The City Council shall hold a Special Meeting on the first Monday following the election for the purpose of receiving the cert~cate of the county canvassing board of the returns for Indian River County, Florida, or the city canvassing board, as the case maybe. The City Council shall then declare the results of the election and enter them in the minutes of the special meeting." The Sebastian Canvassing Board cert~ed the unofficial results on March 13, 2007. At the time of agenda preparation the unofficial results are attached as an exhibit to Resolution No. R-07-11. The Canvassing Board will meet on Friday, March 156, 2007 at 5:00 pm in the Supervisor of Elections Office to canvass one provisional ballot and then certify the official results of the election which will replace the unofficial results attached to the resolution. The Council member who was sworn in on March 14, 2007 to fill the Council vacancy will sit with the current Council to certify the results; and then be sworn again as set out below. Recommended Action: Move to adopt Resolution No. R-07-11, certifying the official election results. B. NEW CITY COUNCIL 1) Investiture of Newly Elected City Council Members and Seatin4 at the Dais: Recommended Action: The City Clerk will call each newly elected official to the podium individually to be sworn in and then each newly elected City Council member will take his place at the dais after being sworn. In accordance with Section 2.04(b) of the City Charter, "The term of each newly elected council member shall begin on the Monday following the election, at a special meeting of the city council to be held for the purpose of swearing in such newly elected officials. If a regular city council meeting is to be held the Monday following the election, the newly elected officials shall be sworn in at the conclusion of such regular meeting." Section 4.08(c) continues, "Any oath of office required to be administered to the newly elected council members shall be administered at such special city council meeting or at the next city council meeting where the newly elected council members are in attendance." 2) Election of Mayor Recommended Action: The senior member of Council (Neglia) will call for nominations, and once nominations are closed, the City Clerk will then call the roll and each Council member shall vote cast a vote for the nominee of their choice. The first nominee that receives a majority of affirmative votes shall be elected mayor. In accordance with Section 2.06 of the City Charter, "...after the seating of any newly elected council members, at the first scheduled city council meeting subsequent to the second Tuesday in March, the new city council shall, as the first order of business, elect a mayor from among its members. The incumbent mayor or in his or her absence, the vice- mayor or in his or her absence, the senior member of city council, shall ask for nominations for mayor. After al! 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 evenf no council member receives a majority of the votes cast on the first ballof, 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. 2 3) Election of Vice Mavor Recommended Action: The newly elected mayor shall ask for nominations for vice-mayor. The City Clerk will then call the roll on each nominee and each Council member shall vote in the affirmative on nominee of his/her choice. The first nominee that receives a majority of affirmative votes shall be elected vice-mayor. In accordance with Section 2.06(c), °`At the first regularly scheduled city council meeting subsequent to the second Tuesday in March, the city council shall elect avice-mayor from among its members. The term of the vice-mayor shall be for one year or until his or her successor is elected. The vice-mayor shall be elected using the same procedure as for the election of the mayor." 4) Presentation of Plaque to Outgoing Mavor Brian Burkeen The newly elected Mayor will present outgoing Mayor Brian Burkeen with a plaque for his years of service to Sebastian. aj ~' RESOLUTION NO. R-07-11 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE MARCH 13, 2007 MUNICIPAL ELECTION; PROVIDING FOR DECLARATION OF CANVASSING RESULTS; DIRECTING THE CLERK TO ENTER THE RESULTS OF THE ELECTION IN THE OFFICIAL MINUTES OF THE MEETING OF THE CITY COUNCIL; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 4.05 of the City Charter, the Mayor issued a Proclamation on December 13, 2006, calling for a general election in the City of Sebastian for March 14, 2006; and WHEREAS, City Council, pursuant to Section 4.07 of the City Charter, adopted Resolution No. R-06-26 on December 13, 2006, calling the election, specifying Precincts 103, 104, 105, 106, 107, 109, 201, 203, and 204 as the official polling places for the City of Sebastian for the general election, naming the offices to be filled and questions to be decided, and authorizing the Supervisor of Elections to administer the election; 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 placed ten referendum questions on the March 13, 2007 ballot; and WHEREAS, the City Clerk of the City of Sebastian, pursuant to Section 100.021 and 100.342 of the Florida Statutes, published notice of the general election on December 22, 2006, and January 5, 2007 and of the referendum on February 9, 2007 and February 23, 2007 in the Vero Beach Press Journal, a newspaper of general circulation; and WHEREAS, the City Clerk posted the Election Proclamation and notice of the general election and referendum on the official announcement board located at City Hall; and WHEREAS, at the close of qualifying on January 26, 2007, six candidates had qualified for the three seats available in March 2007; and Gj WHEREAS, the City Canvassing Board has certified the results of the March 13, 2007 general election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. DECLARATION. The City Council of the City of Sebastian, Indian River County, Florida, hereby accepts the returns provided by the Canvassing Board for the City of Sebastian for the general election for three seats and ten referendum questions, held on March 13, 2007, in Precincts 103, 104, 105, 106, 107, 109, 201, 203, and 204, as attached hereto as Exhibit "A". SECTION 2. RECORDING. The City Clerk is hereby directed to enter the results of the City Council election in the official minutes of the City Council meeting during which this Resolution is adopted, and to forward a certified copy of the Charter amendment ordinances and this resolution to the Department of State. SECTION 3. EFFECTIVE DATE. This resolution shall take effect immediately upon its passage. This Resolution was moved for adoption by Councilmember .The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Brian Burkeen Councilmember Andrea Coy Councilmember Sal Neglia Councilmember AI Paternoster Councilmember The Mayor thereupon declared this Resolution duly passed and adopted this 19th day of March, 2007. CITY OF SEBASTIAN, FLORIDA ATTEST: BY: Brian Burkeen, Mayor Approved as to Form and Content for Reliance by the City of Sebastian Only: Rich Stringer -City Attorney 2 Sally A. Maio, MMC -City Clerk (SEAL) CERTIFICATE OF CANVASSING BOARD UNOFFICIAL RETURNS CITY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA We, the undersigned, members of the duly constituted Board of Canvassers for the City of Sebastian, Indian River County, Florida, do hereby certify that we met in the office of the Supervisor of Elections on the 13~' Day of March, A.D. 2007 and proceeded to publicly canvass the votes given for the offices herein specified at the Municipal General Election on the 13~` Day of March, A.D. 2007, as shown by the returns on file in the office of the Supervisor of Elections. We hereby certify from said returns as follows: For Two Year City Council Member Term, the whole number of votes cast was 72~? , of which number (VOTE FOR NO MORE THAN THREE) ~ BRUCE E. ANDERSON RECEIVED c3 7 VOTES BRIAN S. BURKEEN RECEIVED ~~71 VOTES ANDREA B. COY RECEIVE D VOTES JULIE SCOZZARI RECEIVED ~ VOTES DALE I. SIMCHICK . RECEIVED ~, SSS VOTES EUGENE WOLFF RECEIVED ~, SZ Z VOTES For CITY OF SEBASTIAN 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 RECEIVED 2~ RECEIVED ~~(~ VOTES VOTES CJ For CITY OF SEBASTIAN 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 RECEIVED eZj 5~~~ VOTES NO FOR REJECTION RECENED /99 VOTES For CITY OF SEBASTIAN 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 RECEIVED ~~ RECEIVED /, ~S'~~ VOTES VOTES For CITY OF SEBASTIAN 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 RECEIVED ~'~~ VOTES NO FOR REJECTION RECEIVED ~ ~i~L VOTES C~ _ For CITY OF SEBASTIAN 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 beheld after 5 p.m.?" YES FOR APPROVAL RECEIVED ~ 3~~ VOTES NO FOR REJECTION RECEIVED aoZ3 VOTES For CITY OF SEBASTIAN .REFERENDUM QUESTION #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 CounciUManager form of government?" YES FOR APPROVAL RECEIVED ~~ VOTES NO FOR REJECTION RECEIVED (ro0 / VOTES For CITY OF SEBASTIAN 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 RECEIVED ~ ~~~01 VOTES NO FOR REJECTION RECEIVED ~2- 7 VOTES ' ~J For CITY OF SEBASTIAN 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 attomey as a charter officer to administer his office?" YES FOR APPROVAL RECEIVED ~~ 6 S3 VOTES NO FOR REJECTION RECEIVED .~ VOTES For CITY OF SEBASTIAN 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 superseded by state law, and to repeal the requirement for the Mayor to call the election by proclamation since the City Charter akeady provides for the calling of elections by resolution of the council?" YES FOR APPROVAL RECEIVED 2 06(o VOTES NO FOR REJECTION RECEIVED ~~~ VOTES For CITY OF SEBASTIAN 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 RECEIVED 2,3~i 7 VOTES NO FOR REJECTION RECEIVED Z26 VOTES ~D . ~"~ 4 The Canvassing Boazd certifies that the board has reconciled the number of persons who voted with the number of ballots counted and that the certification includes all valid votes cast in the election. ~a~= Sally Mai ,Sebastian City Clerk Canv ~ Boazd Chairman ;r, Sebaslian City Attorney Beard Member Sebastian City Manager Board Member 5 The Canvassing Board certifies that the board has reconciled the number of persons who voted with the number of ballots counted and that the certification includes all valid votes cast in the election. Sally Mai ,Sebastian City Clerk Canv ~ Board Chairman Rich Stringer, Sebastian City Attorney C~nva~~n~ Board Member .er, Sebastian City Manager ina Board Member