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HomeMy WebLinkAbout11082010Special Agenda10.106 5. 3 -6 HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA SPECIAL MEETING MONDAY, NOVEMBER 8, 2010 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA SPECIAL MEETING IN ACCORDANCE WITH CITY CHARTER FOR CERTIFICATION OF RESULTS, INVESTITURE OF NEWLY ELECTED MEMBERS AND ELECTION OF MAYOR AND VICE MAYOR 1. CALL TO ORDER 2. INVOCATION Rev. Dave Foster, Tabernacle Ministries 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL ELECTION MATTERS (City Clerk Transmittal, R- 10 -43, Certificate of IRC Canvassing Board will be provided after 11/5 Canvassing) A. CURRENT CITY COUNCIL Approve Resolution No. R -10 -43 Accepting IRC Canvassing Board Certification of Returns A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE MUNICIPAL ELECTION; PROVIDING FOR CERTIFICATION OF RETURNS FOR THE NOVEMBER 2, 2010 GENERAL ELECTION; DIRECTING THE CLERK TO ENTER THE CERTIFICATION OF RETURNS 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. B. NEW CITY COUNCIL Investiture of Newly Elected Officials by City Clerk ii. Election of Mayor Incumbent Mayor to Call for Nominations 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. U SUBJECT: 11/2/10 Election Matters Resolution No. R -10-43 Investiture of Elected Officials Election of Mayor Election of Vice Mayor A. CURRENT CITY COUNCIL HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL AGENDA NO: DEPT. ORIGIN: 10.106 CITY MANAG CITY ATTORNEY: b i�eA DATE SUBMITTED:11 /3/10 MEETING DATE: 11/8/10 EXHIBITS: R -10 -43 Certificate of Canvassing Board (will be provided after 11/5 Canvassing) 1) Resolution No. R -10-43 Certificate of IRC 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 Indian River County Canvassing Board will provide a certified result of the election for the City of Sebastian following the Board's canvass on Friday, November 5th, which will be Exhibit "A" to Resolution No. R- 10 -43. Recommended Action: Move to adopt Resolution No. R- 10 -43, official receipt of the returns for the November 2, 2010 general election as certified by the Indian River County Canvassing Board. 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 to be sworn in and then each 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. After 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: Incumbent Mayor Gillmor will call for nominations for Mayor and once nominations for Mayor are closed, the City Clerk will call the roll and each Council member who 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 call for nominations for Vice Mayor, and once nominations for Vice Mayor are closed, the City Clerk will 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 -10-43 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE MUNICIPAL ELECTION; PROVIDING FOR CERTIFICATION OF RETURNS FOR THE NOVEMBER 2, 2010 GENERAL ELECTION; DIRECTING THE CLERK TO ENTER THE CERTIFICATION OF RETURNS 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, the City Council, pursuant to Section 4.07 of the City Charter, adopted Resolution No. R -10 -19 on July 14, 2010, specifying the official polling places for the City of Sebastian for the November 2, 2010 general election, naming the offices to be filled; and authorizing the Supervisor of Elections to administer the election; and WHEREAS, the City Clerk of the City of Sebastian, pursuant to Section 100.021 of the Florida Statutes, published notice of the general election on July 23, 2010, and August 6, 2010 in the Vero Beach Press Journal, a newspaper of general circulation. WHEREAS, the City Clerk has posted notice of the general election on the official announcement board located at City Hall; and WHEREAS, the City of Sebastian, Indian River County, Florida, held a general election on November 2, 2010; and WHEREAS, the Indian River County Canvassing Board acting on behalf of the City of Sebastian as set out in City Charter Section 4.08 (a), have certified said returns for the City of Sebastian and found the same in proper form. 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 certified returns provided by the Canvassing Board for Indian River County to the Department of State for the City of Sebastian general election, held on November 2, 2010, in Sebastian Precincts as designated by the Indian River County Supervisor of Elections, in accordance with Florida Law, as attached hereto as Exhibit "A SECTION 2. RECORDING. The City Clerk is hereby directed to enter the certified returns of the November 2, 2010 general election in the official minutes of the City Council meeting during which this Resolution is adopted. SECTION 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 4. EFFECTIVE DATE. This resolution shall take effect immediately upon its passage. The foregoing 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 Council Member Andrea Coy Council Member Eugene Wolff Council Member Don Wright The Mayor thereupon declared this Resolution duly passed and adopted this 8th day of November, 2010. By: Richard Gillmor ATTEST: Mayor Sally A. Maio, MMC City Clerk (SEAL) Approved as to Form and Content for Reliance by the City of Sebastian Only: Robert A. Ginsburg City Attorney CITY OF SEBASTIAN, FLORIDA 2 and We, the undersigned, Kay Clem County Canvassers in and 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. 2010 and proceeded to publicly canvass the votes given for the offices herein specified at the Municipal General Election on the 2n Day of November, A.D. 2010, 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 ica of which number (VOTE FOR NO MORE THAN TWO) DAVID DEVIRGILIO DAMIEN GILLIAMS RICHARD H. GILLMOR JIM HILL JOE SCOZZARI HARVEY WHEELER CITY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA David Morgan RECEIVED RECEIVED RECEIVED RECEIVED RECEIVED RECEIVED County Judge, Supervisor of Elections Joe Wild County Judge, constituting the Board of David Morgan County Judge Q 4 0/ 1 ege-441 Kay Cie ;y Supervisor of Elections VOTES VOTES VOTES VOTES VOTES 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.