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Home My WebLink About03192007 SpecialIItY ~~ 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 Senior Member of Council, Sal Neglia, called the Special Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. The Civility Pledge was recited as follows: We will be respectful of one another even when we disagree. We will direct all comments to the issues. We will avoid personal attacks. 3. There was a moment of silence. 4. ROLL CALL City Council Present: Council Member Andrea Coy Council Member Sal Neglia Council Member AI Paternoster Council Member Dale Simchick City Council Absent: Mayor Brian Burkeen Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams 6. ELECTION MATTERS (City Clerk Transmittal, R-07-11, Certificate) A. CURRENT CITY COUNCIL 1. Adopt 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. Special City Council Meeting March 19, 2007 Page Two The City Clerk stated that official returns were obtained on Friday, March 16, 2007, however the numbers remained the same as the unofficial return because the one questionable provisional ballot was not counted by the Supervisor of Elections Office because the individual who voted provisional did not provide a Florida voter registration by Friday's deadline, in accordance with Florida law. The unofficial return certification was replaced by the official return certification as Exhibit "A" to Resolution R-07-11. On MOTION by Ms. Coy and SECOND by Mr. Paternoster Resolution No. R-07-11 with the official return attached as Exhibit "A" was adopted on a roll call vote of 4-0 (Burkeen -absent). B. NEW CITY COUNCIL 1. Investiture of Newly Elected Officials by City Clerk The City Clerk individually swore in newly elected officials Andrea Coy, Dale Simchick and Eugene Wolff, who then took their places at the Council dais. 2. Election of Mavor Senior member of Council, Sal Neglia called for nominations for Mayor. Ms. Simchick nominated Ms. Coy. Mr. Wolff nominated Mr. Neglia. Mr. Neglia declined the nomination. Mr. Paternoster nominated Ms. Simchick. Ms. Simchick declined the nomination. By virtue of no other nominations, Ms. Coy was elected Mayor. 3. Election of Vice Mavor Mayor Coy called for nominations for Vice Mayor. Ms. Simchick nominated Mr. Neglia. Mr. Paternoster nominated Ms. Simchick. Ms. Simchick declined the nomination. By virtue of no other nominations, Mr. Neglia was elected Vice-Mayor. 7. CLOSING REMARKS BY COUNCIL MEMBERS/STAFF Each newly elected member thanked all those who supported their candidacy and pledged to serve the City well. 2 Special City Council Meeting March 19, 2007 Page Three 8. PRESENTATION OF PLAQUE TO OUTGOING MAYOR BRIAN BURKEEN Former Mayor Burkeen was not present, and Mayor Coy read the plaque. 9. Being no further business, Mayor Coy adjourned the Special Meeting at 7:14 p.m. Approved at the March 28, 2007 Regular City Council Meeting. J ~ ~~~~ Andrea Coy, Mayor A7T ~, ~. ~ Sally A. M , MMC -City Clerk 3 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 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 ad tion by Councilmember .The motion was seconded by Councilmember ,~~ cD and, upon bein ut to a vote, the vote was as follows: Mayor Brian Burkeen r~ Councilmember Andrea Coy Councilmember Sal Neglia Councilmember AI P~Rate~~}}ost r Councilmember ~~~~ The Mayor thereupon declared this Resolution duly passed and adopted this 19th day of March, 2007. CITY OF By: ~z.~G ~ B ' iarkeen, ayor Approved as o Form and Content for Relit'-the Cif Sebastian Only: A T: _ J- Sally A. M o, MMC -City Clerk (SEAL) Ricb`Stringer -City Attar et' 2 CERTIFICATE OF CANVASSING BOARD OFFICIAL 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 13th 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 13th 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 7~a3 , of which number (VOTE FOR NO MORE THAN THREE) BRUCE E. ANDERSON RECEIVED ~ 7~ VOTES BRIAN S. BURKEEN RECEIVED ~f 7/ VOTES ANDREA B. COY RECEIVED ~ ~ G d VOTES JULIE SCOZZARI RECEIVED ~p 7 ~ VOTES DALE I. SIMCHICK RECEIVED ~, .SS~ VOTES EUGENE WOLFF RECEIVED /, S 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 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 NO FOR REJECTION RECEIVED ~, y~ RECEIVED ~ 9 VOTES 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 ~~ ~ ~~o 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 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 be held after 5 p.m.?" YES FOR APPROVAL NO FOR REJECTION RECEIVED Z,,3~~ RECEIVED Z2,3 VOTES VOTES For CITY OF SEBASTIAN 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 CounciUManager form of government?" YES FOR APPROVAL NO FOR REJECTION RECEIVED RECEIVED ~O / VOTES 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?" 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 attorney as a charter officer to administer his office?" YES FOR APPROVAL NO FOR REJECTION RECEIVED ~ 65-..3 RECEIVED VOTES 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 already provides for the calling of elections by resolution of the council?" YES FOR APPROVAL NO FOR REJECTION RECEIVED 2, Ulo(o RECEIVED `f~fS~ VOTES 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 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. r Sally Maio ebastian City Clerk Canv~in~ Board Chairman Rich Strin er, Sebastian City Attorney C~vas~i g Board Member // .~ . "~~"iru~er, Sebastian City Manager Canvassing Board Member March 16, 2007