Loading...
HomeMy WebLinkAbout11092009Special1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL B. NEW CITY COUNCIL aiv OF HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA SPECIAL MEETING MONDAY, NOVEMBER 9, 2009 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA SPECIAL MEETING IN ACCORDANCE WITH CITY CHARTER FOR CERTIFICATION OF RESULTS, INVESTIURE OF NEWLY ELECTED MEMBERS AND ELECTION OF MAYOR AND VICE MAYOR 09.118 5. ELECTION MATTERS (City Clerk Transmittal, R- 09 -44, Certificate of City Canvassing Board) A. CURRENT CITY COUNCIL 1. Approve Resolution No. R -09 -44 Canvassing Results of City of Sebastian Canvassing Board A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE NOVEMBER 3, 2009 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. 1. Investiture of Newly Elected Officials by City Clerk 2. Election of Mayor Mayor Gilimor to Call for Nominations 3. Election of Vice Mayor New Mayor to Call for Nominations 6. CLOSING REMARKS BY COUNCIL MEMBERS 7. ADJOURN HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. All City Council Meetings are Aired Live 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 MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENSE UPON WHICH THE APPEAL IS TO BE HEARS. (F.S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589 -5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. SUBJECT: 11/3/09 Election Matters Resolution No. R -09-44 Investiture of Elected Officials Election of Mayor Election of Vice Mayor A. CURRENT CITY COUNCIL UlY OF SLBTâ–ºN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL AGENDA NO: DEPT. ORIGIN: City Clerk CITY MANAGER: CITY ATTORNEY: DATE SUBMITTED:11 /4/09 MEETING DATE: 11/9/09 EXHIBITS: R -09 -44 w /Attached Certificate of City Canvassing Board 1) Resolution No. R -09-44 Certificate of City Canvassing Board In accordance with Section 4.08(c) of the City Charter, c) The city council shall hold a special meeting on the first Monday following the election for the purpose of receiving the certificate of the county canvassing board of the returns for Indian River County, Florida, or the city canvassing board, as the case may be. The city council shall then declare the results of the election and enter them in the minutes of the special meeting. 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." The City of Sebastian Canvassing Board has certified the results of the election for the City of Sebastian, as attached as Exhibit "A" to Resolution No. R- 09 -44. Recommended Action: Move to adopt Resolution No. R- 09 -44, official receipt of the returns for the November 3, 2009 general and special elections as certified by the City of Sebastian Canvassing Board. At this time Council Member Simchick will leave the dais.. B. NEW CITY COUNCIL 1) Investiture of Newly Elected City Council Members and Seating at the Dais: In accordance with Section 2.04 (b) of the City Charter, (b) 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. Recommended Action: The City Clerk will call each newly elected official to the podium individually (alphabetically Coy, Wolff and Wright) to be sworn in and then each newly elected City Council member will take his /her place at the dais after being sworn. 2) Election of Mayor Sec. 2.06. Mayor; vice- mayor. (a) Mayor- Selection and term. [A]fter the seating of any newly elected council members at the special city council meeting held pursuant 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 or in his or her absence, the vice -mayor or in his or her absence, the senior member of city council, shall ask for nominations for mayor. After all nominations have been made, the nominations shall be closed. The city clerk shall then call the roll of the council members and each 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. Recommended Action: Mayor Gillmor will call for nominations for Mayor, and once nominations are closed, the City Clerk will then call the roll and each Council member shall state the name of their choice of the nominees. The first nominee that receives a majority of affirmative votes shall be elected Mayor. 3) Election of Vice Mayor In accordance with Section 2.06(c), (c) Vice-mayor Selection and term. Immediately subsequent to the selection of a mayor, 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. Recommended Action: The newly elected Mayor shall ask for nominations for Vice Mayor, and once nominations are closed, the City Clerk will then call the roll and each Council member shall state the name of their choice of the nominees. The first nominee that receives a majority of affirmative votes shall be elected Vice Mayor. 2 RESOLUTION NO. R -09-44 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE NOVEMBER 3, 2009 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 City Council adopted Resolution No. R -09 -25 on July 29, 2009, calling for a general election in the City of Sebastian for November 3, 2009; and WHEREAS, pursuant to Section of the City Charter, the City Council adopted Resolution No. R -09 -33 on September 9, 2009 calling for a special election in conjunction with the general election for the purpose of placing a referendum question relative to tax abatement on the same ballot; and WHEREAS, Resolution No. R -09 -25 also specified Precincts 103, 104, 105, 106, 107, 109, 201, 203, and 204 as the official polling places for the City of Sebastian for the general election, and authorized the Supervisor of Elections to administer the election; 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 August 7 and August 14, 2009 and of the special election on September 29 and October 13, 2009 in the Vero Beach Press Journal, a newspaper of general circulation and posted the notices of the general election and special election on the official announcement board located at City Hall; and WHEREAS, at the close of qualifying on September 4, 2009, eight candidates had qualified for the three seats available in November 2009; and WHEREAS, the City Canvassing Board has certified the results of the November 9, 2009 general and special elections. 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, held on November 3, 2009, for Precincts 101 (portion), 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 election in the official minutes of the City Council meeting during which this Resolution is adopted. 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 Richard Gillmor Vice Mayor Jim Hill Councilmember Andrea Coy Councilmember Dale Simchick Councilmember Eugene Wolff The Mayor thereupon declared this Resolution duly passed and adopted this 9th day of November, 2009. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Richard Gillmor Mayor Approved as to Form and Content for Reliance by the City of Sebastian Only: Robert A. Ginsburg City Attorney 2 Sally A. Maio, MMC City Clerk (SEAL) 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 5 Day of November, A.D. 2009 and proceeded to publicly canvass the votes .given for the offices herein specified at the Municipal General Election on the 5 Day of November, A.D. 2009, 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 2, 604 of which number (VO "1'E FOR NO MORE THAN THREE) ANDREA B. COY RECEIVED 1, 56 VOTES DAVID DEVIRGILIO RECEIVED Y55 VOTES BOB MCPARTLAN RECEIVED 1 0 6 VOTES AL PATERNOSTER RECEIVED 8/ VOTES LISANNE ROBINSON RECEIVED 933 VOTES JOE SCOZZARI RECEIVED 82 1 VOTES EUGENE WOLFF RECEIVED 533 VOTES DON WRIGHT RECEIVED ¥O/ VOTES For CITY OF SEBASTIAN REFERENDUM QUESTION, ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION "Shall the City Council of the City of Sebastian be authorized to grant, pursuant to s. 3, Art. VII of the State Constitution, property tax exemptions to new businesses that create jobs and expansions of existing businesses that create new jobs? YES For authority to grant exemptions RECEIVED 2, 022_ VOTES NO Against authority to grant exemptions RECEIVED geo 5 VOTES 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. November 5, 2009 Sally Maio, ,Sebastian City Clerk Canvassing Board Chairman Robert Ginsburg, Sebastia City Attorney Canvassing Board Member nn r, Sebastian City Manager assing Board Member