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HomeMy WebLinkAbout06222011MCI HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JUNE 22, 2011 — 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Hill called the regular meeting to order at 6:30 p.m. 2. Reverend Ann from the Roseland United Methodist Church gave the invocation. 3. Council Member Coy led the Pledge of Allegiance. 4. ROLL CALL City Council Present: Mayor Jim Hill Vice -Mayor Don Wright Council Member Andrea Coy Council Member Richard H. Gilimor City Council Absent: Council Member Eugene Wolff (excused) Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg Deputy City Clerk, Jeanette Williams Records Program Manager, Donna Cyr Airport Director, Joseph Griffin Administrative Services Director, Debra Krueger Finance Director, Ken Killgore Growth Management Manager, Jan King Fleet Superintendent, Greg Schmidt Police Chief, Michelle Morris Deputy Police Chief, Greg Witt Public Works Director, Jerry Converse Parks Supervisor, Chris McCarthy MIS Systems Analyst, Rob Messersmith 5. AGENDA MODIFICATIONS — none. Regular City Council Meeting June 22, 2011 Page Two 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 7 -8 A. Police Commendation of Citizens Karen & Kaitlin Bleakley 9 Chief Morris commended Karen and Kaitlin Bleakley who recently acted quickly to resuscitate Mr. James Franklin. Mr. Franklin's daughters also thanked the mother and daughter for their selfless actions. B. Proclamation — July 2011 Marine Debris Removal Month — Captain Donald Voss and Diana Voss Mayor Hill read and presented the proclamation to Capt. Don Voss for his efforts and Mr. Voss thanked Council for the recognition. Brief Announcements Ms. Coy said at yesterday's Economic Development Council meeting, the Council recommended the Indian River County Commission approve a grant to SMI Telecoms that will provide 25 high tech jobs. Mr. Wright reminded everyone of the upcoming 4th of July Festival at Riverview Park. 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately If a member of the public wishes to provide input on a consent agenda item, he /she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 10-21 A. Approval of Minutes — June 8, 2011 22 -30 B. Approve Annual Fuel Contract with Glover Oil Company Based on Piggyback from St. Lucie School District from 7/1/11 through 7/1/12 (PW Transmittal, Letter of Agreement, Cost Estimates) 31 -41 C. Approve Contract for Auditing Services with Harris, Cotherman, Jones, Price & Associates for FYs Ended 2011, 2012 and 2013, with Option to Extend for Two Additional One -Year Periods (Finance Transmittal, Engagement Letter) 42 -68 D. Approve Third Fourth Amendment to LoPresti Airport Lease for One Office Space in Administration Building (Third Amendment, Schedule C, Lease Agreement) 69 -71 E. Approve Alcoholic Beverage Request — Community Center — 11/19/11 — 5:30 pm to 10 pm (Parks Transmittal, Rental Permit Application, Receipt) For the record, Mr. Wright mentioned that item D was incorrectly labeled as lease amendment #3 and it should be amendment #4. MOTION by Ms. Coy and SECOND by Mr. Gillmor to approve consent agenda items A- E with the noted change to item D, correcting the lease amendment to be labeled #4. 2 Regular City Council Meeting June 22, 2011 Page Three Result of the roll call: AYES: All NAYS: None Passed 4 -0 (Mr. Wolff absent) 8. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. Mayor Hill said at the last Mayor's Meeting they discussed off -shore reef vs. sand pumping with preliminary numbers for design; it will be discussed again at the next Mayor's meeting and he may invite individuals to a City Council meeting to keep everyone informed of what is happening. Mr. Wright said beach renourishment has traditionally been funded with State money but since there is none, finding a different method is a good idea. Mayor Hill explained computer models are allowing staff to monitor the renourishment down to the size of sand granules. Ms. Coy said she has tried to get the Committee to look at different options and she appreciated the Mayor moving forward with this issue. Mayor Hill said credit was also due to Mr. Wright who was present at the first meeting. A. Citizens' Budget Review Advisory Board Chairman Presentation on Recommendation to County Commission for Additional One Cent Gas Tax Ed Herlihy, Chairman of the Budget Committee said the local option gas tax could go toward street repairs which are needed by Sebastian, which distribution the County could provide by agreement; however, they are not required to share the proceeds with the municipalities. He said the Budget Board recommended writing a letter to request the County levy the tax and share it with Sebastian. Ms. Coy asked how much the County would receive and Mr. Herlihy said it would a significant amount that could be an easy tax to spread across the board. Mayor Hill said sending tax dollars to another entity with the hopes of receiving them back is a scary thought. Mr. Wright said some of the rationale given at the Budget Board meeting was that it applies to everyone who fills up their car in the County and it would be good if we include in our request that we plan to use it for roads. Mayor Hill said we could ask for a portion of the diesel tax but there would need to be more discussion before we send a letter asking to levy the gas tax; it is a direct tax on local small properties and lawn maintenance companies which use a lot of fuel. Mr. Gillmor asked if there was a way to tell how much the County and the City would get. Mr. Herlihy said if the County did levy the tax, the questions are how they divide it up and are they willing to share it. Mr. Gillmor said he and all of the County Commissioners are members of MPO, and when MPO talks about this issue, it doesn't fly very high. 3 Regular City Council Meeting June 22, 2011 Page Four Mayor Hill added that Fellsmere just a won a lawsuit to receive funds from Indian River County to maintain fire hydrants, so the County is going to try to keep as much as they can. The City Manager said the 9`" cent tax would get about $650,000, and if the County shares at the same formula as the local option gas tax; the City's percentage would be something like 17% of the total collected, or about $110,000. Mayor Hill asked the City Manager to put this under his matters for discussion at the next meeting. 72 -87 B. Natural Resources Board Interview, Unless Waived, Submit Nomination for: a. One Expired Regular Member — Term to Expire July 1s', 2014 b. One Expired Regular Member — Term to Expire July 1s', 2014 c. One Expired Regular Member — Term to Expire July 1st, 2014 d. One Unexpired Regular Member — Term to Expire July 1st, 2013 e. One Expired Alternate Member — Term to Expire July 1st, 2014 f. One Expired Alternate Member — Term to Expire July 1st, 2012 Al Alvarez and Jane Schnee were not in attendance. Mr. Gillmor pointed out that Ms. Schnee had requested to be an alternate member. City Council interviewed Hank Kris, Ann Lucier, and Stephen Lucier. Mr. Wright asked if family members could participate on the same board. The City Attorney said that while it is allowed, it raises issues involving the Sunshine Law, and with care it could be addressed. He said he is planning to have a Sunshine Law, public records and conflicts of interest session in July where he will go over these issues. City Council interviewed Stephen Lucier. Mayor Hill asked if discussions at home would be an issue. He noted it was not allowed and Mr. Lucier said they would make sure it didn't happen. Ms. Coy asked if one or the other would consider another board and Mr. Lucier said that could be possible. Mr. Wright asked which one has the most desire to be on the board. Mr. Lucier said he would leave that up to Council. City Council interviewed Lori Bender. Mayor Hill asked Council if they wanted to include Gilbert Gordian's application which came in to the Clerk's office today. Ms. Coy agreed if he was present, but he was not in attendance. Mr. Wright nominated Mr. Alvarez. There were no other nominations and Mr. Alvarez was appointed to the first regular member position to expire 7/1/14. Ms. Coy nominated Mr. Kris. There were no other nominations and Mr. Kris was appointed to the second regular member position to expire 7/1/14. 4 Regular City Council Meeting June 22, 2011 Page Five Mr. Gillmor nominated Ms. Bender. There were no other nominations and Ms. Bender was appointed to the third regular member position to expire 7/1/14. Mayor Hill nominated Mrs. Lucier. Mr. Gillmor nominated Mr. Lucier. Result of the roll call: Coy — Ann Lucier Gillmor — Stephen Lucier Hill —Ann Lucier Wright — Ann Lucier Mrs. Lucier was appointed to the regular member position to expire 7/1/13. Mayor Hill nominated Ms. Schnee to the first alternate member position. There were no other nominations and Ms. Schnee was appointed to the alternate member position to expire 7/1/14. Mr. Wright nominated Mr. Gordian. There were no other nominations and Mr. Gordian was appointed to the other alternate member position which expires 7/1/12. 9. PUBLIC HEARINGS 88 -90 A. Ordinance No. 0 -11 -06 — Repealing Bi- Annual Board Ad (City Clerk Transmittal 0- 11 -06) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CITY CODE OF ORDINANCES CHAPTER 2; ARTICLE VI, BY REPEALING SECTION 2 -168 WHICH PROVIDES FOR TWO ANNUAL ADVERTISEMENTS IN A NEWSPAPER LISTING ALL CITY BOARDS AND COMMITTEES AND QUALIFICATIONS THEREOF; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. (1" Reading 5/25/11, PJ AD 6 -8 -11) The City Attorney read the title of Ordinance No. 0 -11 -06 and hearing. MOTION by Mr. Gillmor and SECOND by Ms. Coy to approve There was no public input. Result of the roll call: AYES: All NAYS: None Passed 4 -0 (Mr Wolff absent) 10. UNFINISHED BUSINESS Mayor Hill opened the Ordinance No. 0- 11 -06. 91 -103 A. Review Draft of Revised Ordinance No. 0 -11 -04 — Signs — Public Hearing Scheduled for 7/13/11 (City Manager Transmittal 0 -11 -04 Current Code) The City Manager said staff took the A -Frame language and made it its own special section and changed how they are displayed based on the location. He said Indian River Drive and US1 are similar as the signs are close to the right -of -way and Sebastian Boulevard is different in that the property line is further away from the road and the signs 5 Regular City Council Meeting June 22, 2011 Page Six must stay at the south side of the sidewalk and property line. He said the only difference is that they will set up a waiver for those out in the right -of -way for any liability issue that might occur. He said as staff got into the feather sign issue, they saw Code conflicts with special event signs and temporary signs, resulting in the definition changes for "special event" and "temporary". Special Event The City Manager explained a special event sign is for an event that a business might want to conduct which is not normally conducted at that location; for example, the American Legion holding a gun sale is not a normal occurrence there. He said staff came up with three delineations as a special event: Christmas, 4th of July — displayed for 45 days Special Vehicle and Boat Sales — displayed for seven days All other, non - seasonal — displayed for ten days. In response to Ms. Coy, the City Manager said businesses could have as many special events as they want and if Council wanted to restrict that, they should look to bullet point number two, which is for ten days, three times per year. Temporary Use Sion The City Manager said a temporary event is an event customary to that business. For example, if Dominos Pizza wants to advertise a certain pizza or an auto dealer wants to have a special sale on cars. He said the feather flag will be a temporary use sign, allowed for seven days, three times per year. z -14 pm In response to Mr. Gillmor, the City Manager confirmed feather flags can only be displayed three times for seven days and special events can happen whenever they happen with a different type of sign. The City Manager said the other changes were delineating the banner and portable sign section. He asked for Council input. Public Input Ben Hocker, Sebastian, said he drove along CR512 to Sebastian's gateway where he saw signs intruding on right -of -way, said all store front areas have a limitation and now we are going to allow intrusion into it. He said staff didn't enforce the ordinance and now we are rewriting it because several businesses are putting feather Flags up. The City Manager said he and Code Enforcement Officer lachini have been out trying to enforce the Code as they rewrote it. Mr. Gillmor asked the City Manager for his thoughts on Council Member Wolff's suggestion of providing uniform signs to businesses. The City Manager said he would have to get the City Attorney a little more comfortable with not restricting freedom of speech, but to make sure a sign is a certain look with freedom to display in the copy area, he is comfortable with that. He said it would be easy to enforce and could probably be funded out of the CRA district; but he did not know how businesses would react to the requirement. 6 Regular City Council Meeting June 22, 2011 Page Seven A lengthy discussion followed as to who would get the City provided signs, whether there would be too many signs to provide, citing the large number of businesses, whether it was appropriate to stipulate what a sign has to look like, would it become monotonous and take away creativity. Ms. Coy said she is concerned with special event signs and could tell the City Manager was working on this because it has gotten better. She said if the City is not limiting how often you can have a special event they will be coming forever. The City Manager replied the way staff has written it, an auto body shop's transmission sale would be a temporary use and currently it is fuzzy because there is not a clear definition of "special event" and "temporary use ". He cited page 98 of the packet, section 3, special event sign announcing a promotion not generally held at that location, and said for example, Walmart selling Christmas trees or fireworks; a temporary sign is used for a promotion that occurs at that location such as the transmission sale at the auto body shop. Ms. Coy said she didn't think there should be sign in any right -of -way. The City Manager said staff would do what Council directs but it was reasonable to permit in the far section of right -of -way and if it is limited, it should just be excluded from the CR512 corridor. Mr. Wright said he would disagree because it is important to those people to survive. Mr. Gillmor said he didn't have a problem with the side south of CR512. Mayor Hill said Council agreed that staff is moving in the right direction. Mr. Wright noted Julie Chesley, Island Style Hair, has e- mailed Council regarding her feather sign but she will need to work within the confines of the ordinance. 11. PUBLIC INPUT — none. 12. NEW BUSINESS Mayor Hill said he would ask the City Attorney to read all of the titles at this point and Council would then take public input on any of the nine ordinances. 136 pm The City Attorney read the titles of Ordinances 0- 11 -07, 0- 11 -08, 0- 11 -09, 0- 11 -10, 0- 11-11, 0- 11 -12, 0- 11 -13, 0- 11 -14, and 0- 11 -15. There was no public input on any of the ordinances. 104 -109 A. First Reading of Ordinance No. 0 -11 -07 - Charter Amendment -Amend 1.02 — Set Public Hearing for July 13, 2011 (City Attorney Transmittal for Nine Ordinances) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2011, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF THE CITY OF SEBASTIAN THE QUESTIONS OF WHETHER TO AMEND THE CITY CHARTER TO DELETE REFERENCES TO "POOR HOUSES ", "DAIRIES" AND "SLAUGHTER HOUSES', PROVIDING BALLOT LANGUAGE AND AN EFFECTIVE DATE. MOTION by Ms. Coy and SECOND by Mr. Wright to pass Ordinance 0 -11 -07 on first reading. 7 Regular City Council Meeting June 22, 2011 Page Eight In response to Mr. Gillmor, the City Attorney said this was the ordinance deleting references to "poor houses , dairies" and "slaughter houses ". Mr. Gillmor said in the future the City may annex property with dairies and cattle and that language may be appropriate. Mayor Hill pointed out a slaughter house is different than a farm, and it wouldn't hurt if left in, and suggested putting it further down on the ballot. The City Attorney said they could delete one of the words, not pass the ordinance on first reading, pass it, or then not enact it at the second reading, and he pointed out the blanks on the questions of each ordinance, noting that at the second reading Council will consider the order in which the amendments should appear on the November ballot. Mr. Wright cited the role of the City is to regulate the sanitary conditions of the operations and products sold in Sebastian, but dairies and slaughter houses would be enforced at a different level, and we don't have anyone qualified to perform inspections. Result of the roll call: AYES: All NAYS: None Passed 4 -0 (Mr. Wolff absent) 110 -112 B. First Reading of Ordinance No. 0 -11 -08 - Charter Amendment — Repeal in Its Entirety Section 4.07 — Set Public Hearing for July 13, 2011 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2011, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF THE CITY OF SEBASTIAN THE QUESTION OF WHETHER TO AMEND THE CITY CHARTER BY REPEALING IN ITS ENTIRETY SECTION 4.07 RELATING TO THE MANNER IN WHICH ELECTIONS ARE TO BE CALLED AND HELD, PROVIDING BALLOT LANGUAGE AND AN EFFECTIVE DATE. MOTION by Ms. Coy and SECOND by Mr. Wright to pass Ordinance 0 -11 -08 on first reading. Result of the roll call: AYES: All NAYS: None Passed 4 -0 (Mr. Wolff absent) 113 -115 C. First Reading of Ordinance No. 0 -11 -09 - Charter Amendment — Amend Section 2.08 — Set Public Hearing for July 13, 2011 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2011, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF THE CITY OF SEBASTIAN THE QUESTION OF WHETHER TO AMEND SECTION 2.08 OF THE CITY CHARTER, PROVIDING FOR FILLING VACANCIES ON THE CITY COUNCIL, PROVIDING BALLOT LANGUAGE AND AN EFFECTIVE DATE. MOTION by Mr. Gillmor and SECOND by Mr. Wright to pass Ordinance 0 -11 -09 on first reading. 8 Regular City Council Meeting June 22, 2011 Page Nine A lengthy discussion took place on the current and proposed provisions for filling of vacancies. Mayor Hill suggested that if a vacancy occurred when there was less than a six month period to the next City election, Council would have the option to appoint someone to fill the vacancy. Mr. Wright asked if the three bullet points on page 133 are promulgated to follow State law. The City Attorney said providing a method for filling a vacancy in candidacy was required by Statutes, and we did not currently have a method in place. Mr. Gillmor said in the case of a catastrophe, filling the vacancy within a time frame would make sense, but agreed close to an election, it doesn't make sense. Mayor Hill said several cities require their Council to fill vacancies outside of six months. The City Attorney said this is taken from other Charters, if they don't have a provision for say 30 days, the courts would say you have a reasonable time to make your appointment. Mayor Hill suggested if the election is beyond six months when the vacancy occurs, then Council has 45 days to appoint a successor because once you get into six months, you have candidates so there will be sort of two campaigns going on at one time. The City Attorney reiterated Council was asking, if there is no election within six months after the vacancy occurs Council has 45 days to make an appointment; and if there is an election within six months of when the vacancy occurs, they have the option to make an appointment. In response to Mayor Hill, the City Attorney said bullet point two on page 113 does not preclude the appointee from being a candidate. Result of the roll call: AYES: All NAYS: None Passed 4 -0 as amended (Mr Wolff absent) 116 -118 D. First Reading of Ordinance No. 0 -11 -10 - Charter Amendment - Amend Section 2.03 and Section 2.04 — Set Public Hearing for July 13, 2011 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2011, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF THE CITY OF SEBASTIAN THE QUESTION OF WHETHER TO AMEND SECTION 2.03 AND SECTION 2.04 OF THE CITY CHARTER BY CONDUCTING ELECTIONS IN EVEN NUMBERED YEARS, EXTEND THE TERMS OF COUNCIL MEMBERS AND PROVIDING TERM LIMITS; PROVIDING BALLOT LANGUAGE AND AN EFFECTIVE DATE. Mr. Wright said he thought term limits should be a separate issue, requested the term limit section be taken out and have a separate discussion on putting term limits on the ballot. Mayor Hill agreed, stating term limits take away the power of the citizenry by not allowing them to choose. Ms. Coy agreed, stating term limits are determined by the number of ballots in a ballot box. MOTION by Mayor Hill and SECOND by Ms. Coy to approve the removal of bullet 3 on circle page 116, taking out the term limit language. 9 Regular City Council Meeting June 22, 2011 Page Ten Mr. Zomok, Charter Review Committee member, said it is difficult to comment not knowing what issues are going to be discussed. In response to Mr. Zomok, Mayor Hill said he could make comments on the original format and again at the second reading. The City Attorney advised that technically, the title should have also referred to section 4.12(a) of the Charter which talks about two year terms. Result of the roll call: AYES: All NAYS: None Passed 4 -0 as amended (Mr Wolff absent) Mr. Wright said he would not recommend another ordinance for term limits and the other members agreed. The City Attorney advised the time is running out to advertise another ordinance to make the ballot and they should be sure they aren't interested in term limits. There were no further comments. 119 -121 E. First Reading of Ordinance No. 0 -11 -11 Charter Amendment — Amend Section 2.11 — Set Public Hearing for July 13, 2011 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2011, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF THE CITY OF SEBASTIAN THE QUESTION OF WHETHER TO AMEND SECTION 2.11 OF THE CITY CHARTER, BY DELETING REFERENCES MADE TO PENALTIES FOR FAILING OR REFUSING TO FOLLOW ORDERS FROM THE CITY COUNCIL, PROVIDING BALLOT LANGUAGE AND AN EFFECTIVE DATE. The City Attorney said this is a conflict in the code as one section says Council can only give instructions to Charter officers, and the next section provides for penalties for staff not following instructions. MOTION by Ms. Coy and SECOND by Mr. Gillmor to pass Ordinance 0 -11 -11 on first reading. Result of the roll call: AYES: All NAYS: None Passed 4 -0 (Mr. Wolff absent) 122 -124 F. First Reading of Ordinance No. 0 -11 -12 Charter Amendment — Amend Section 3.03 — Set Public Hearing for July 13, 2011 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2011, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF THE CITY OF SEBASTIAN THE QUESTION OF WHETHER TO AMEND SECTION 3.03 OF THE CITY CHARTER, TO PROVIDE FOR THE REMOVAL OF CHARTER OFFICERS, PROVIDING BALLOT LANGUAGE AND AN EFFECTIVE DATE. There was a lengthy discussion on current and proposed provisions, which both provide for removal of Charter Officers with or without cause, but removing from current language the procedures for findings and removing for cause. 10 Regular City Council Meeting June 22, 2011 Page Eleven The City Attorney explained his reasoning to delete all technical requirements for removal procedures. Mr. Gillmor said the average citizen going to vote would think this isn't fair to throw someone, who has given many years of service, out of a job. Mr. Wright pointed out its part of Florida's at -will employment and how to adjust for it is with a contract. Mayor Hill cited the language in 3.02, "The Charter officer will serve at the pleasure of the Council," which gives Council the ability to negotiate a contract and said the proposed ordinance strong wording might cause future recruiting issues. The City Attorney clarified that what he is taking out only applies if one or more Council member feels that there is cause; and if it is left in then all provisions of Section 3.03(b) would kick in. Mr. Wright said the complexity of the procedures outlined in the current language is the reason why people are terminated without cause, he said this simplifies what happens in real life. The City Attorney said section 3.02 states Charter Officers serve at the pleasure of City Council subject to section 3.03. Mr. Wright suggested having the officers serve at the pleasure of City Council and eliminate section 3.03 and the City Attorney said that was possible. MOTION by Mr. Wright and SECOND by Mayor Hill to amend the question as suggested. The City Attorney said the City Manager suggested adding the phrase "a majority vote of the entire City Council" to section 3.02." Council agreed to the phrase. Ms. Coy asked if the Charter Officers employment contracts have the same language. The City Manager explained that the proposed language would retain removal with or without cause as is currently provided for, but striking the removal for cause findings and procedures in 3.03 makes sense, since in his mind "cause" is something that would be considered malicious, against the law, and not an action such as "he failed to balance the budget ", and which is something anyone would fight and go to court over. Mr. Wright asked Charter Review Committee Chairwoman Kautenburg if that was the Committee's intent and she said the City Manager had it exactly right. Ms. Coy reiterated the City Manager's points that if an officer was removed for cause Council would want to be able nullify the severance pay and benefits. Mayor Hill and Mr. Wright withdrew their original motion. Mr. Wright offered a NEW MOTION which was SECONDED by Mayor Hill to approve as written. Result of the roll call: AYES: All NAYS: None Passed 4 -0 (Mr. Wolff absent) 11 Regular City Council Meeting June 22, 2011 Page Twelve 125-128 G. First Reading of Ordnance No. 0 -11 -13 Charter Amendment — Amend Sections 2.04 2.06, and 4.08 — Set Public Hearing for July 13, 2011 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2011, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF THE CITY OF SEBASTIAN THE QUESTION OF WHETHER TO AMEND SECTIONS 2.04, 2.06 AND 4.08 OF THE CITY CHARTER, RELATING TO THE COMMENCEMENT OF COUNCIL MEMBER TERMS, PROVIDING BALLOT LANGUAGE AND AN EFFECTIVE DATE. The City Attorney explained the Clerk doesn't always receive election certification until the last minute, and as written in the Charter the old Council is in place to receive the results and then new officers are sworn. He said if members have been defeated it is awkward. He also pointed out that the new language recognizes that we might not get the certification as quickly. MOTION by Ms. Coy and SECOND by Mr. Gillmor to pass Ordinance 0 -11 -13 on first reading. Result of the roll call: AYES: All NAYS: None Passed 4 -0 (Mr. Wolff absent) 129 -131 H. First Reading of Ordinance No. 0 -11 -14 Charter Amendment — Amend Sections 2.09 and 4.13 — Set Public Hearing for July 13. 2011 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2011, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF THE CITY OF SEBASTIAN THE QUESTION OF WHETHER TO AMEND SECTIONS 2.09 AND 4.13 OF THE CITY CHARTER, TO PROVIDE THAT THE FLORIDA DIVISION OF ELECTIONS, THE FLORIDA ELECTIONS COMMISSION OR THE COURTS DETERMINE ISSUES RELATING TO THE QUALIFICATIONS AND ELECTION OF CITY COUNCIL MEMBERS RATHER THAN ASSIGNING THESE RESPONSIBILITIES TO THE CITY COUNCIL, PROVIDING BALLOT LANGUAGE AND AN EFFECTIVE DATE. The City Attorney said this is similar to the situation with charges against the Charter officers in 2.03, but it is Council members making charges against each other and that the State already has entities in place to deal with the conduct of elections and provide for penalties. MOTION by Mr. Wright and SECOND by Mr. Gillmor to pass Ordinance 0 -11 -14 on first reading. Result of the roll call: AYES: All NAYS: None Passed 4 -0 (Mr Wolff absent) 12 Regular City Council Meeting June 22, 2011 Page Thirteen 132 -134 I. First Reading of Ordinance No. 0 -11 -15 Charter Amendment — Amend Section 4.12 — Set Public Hearing for July 13, 2011 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2011, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF THE CITY OF SEBASTIAN THE QUESTION OF WHETHER TO AMEND SECTION 4.12 OF THE CITY CHARTER, TO PROVIDE FOR THE DETERMINATION OF A TIE VOTE, PROVIDING BALLOT LANGUAGE AND AN EFFECTIVE DATE. The City Attorney advised if Council wanted to go with fewer questions on the ballot this might be one to consider. In response to Mayor Hill, the City Attorney said lot is not required by State law, simply allowed. Mayor Hill said a tie vote is far too important to be determined by a coin toss and all others agreed. Mr. Gillmor asked if in a case of a tie vote, could there be challenges. The City Attorney said he was assuming all of the challenges would be worked out by the time it came to it. MOTION by Mayor Hill to leave this off the ballot. The City Attorney advised that they could let the ordinance die without a motion or they could make a motion to defeat it. There was no second to the Mayor's motion, therefore, in accordance with the advice of the City Attorney the ordinance was not moved forward to second reading. 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 135-139 A. Report on Indian River County Redistricting Schedule (County Attorney Memo, Constitution, and FS) The City Manager said Indian River County Commission will have a meeting in Sebastian's chambers on September 20th, to include a hearing for the public to provide input on redistricting. 140 B. Report on Indian River County 2011 Delegation Meeting in August or September Due to Early Schedule for 2012 Legislation (Rep. Mayfield Email) The City Manager said the Indian River County Legislative delegation planned to hold their meeting earlier this year due to the earlier start of the Legislative session and redistricting. He said he would let Council know as soon as it is set. He said collective bargaining agreement negotiations started today with aggressive modifications to cut costs and still provide benefits and after balancing the budget, any type of cuts will be used to fix the budget such as ending furlough days and stop DST transfers. He reported that he revisited the Schumann /Barber intersection with County staff and the project will be pushed off until 2015 -2016. He offered to bring forward a more formal report in the next few days. 13 Regular City Council Meeting June 22, 2011 Page Fourteen 15. CITY CLERK MATTERS - none. 16. CITY COUNCIL MATTERS A. Council Member Coy Ms. Coy said she received a letter from a Titusville well drilling company that was critical of Sebastian's codes and suggested Council go on Titusville's website to find their rules for drilling wells which are really prohibitive. She reminded everyone that fireworks are not legal anywhere in the City except for the City's fireworks show, noting it is so dry and so easy for something to go wrong. B. Council Member Gillmor - none. C. Council Member Wolff - absent D. Mayor Hill Mayor Hill congratulated the Charter Review Committee for their hard work, and said he looked forward to the questions on the ballot. He also invited everyone out to the 41" of July Parade and Park events for a great event. E. Vice Mayor Wright Mr. Wright said he had last year's delegation meeting packet distributed to Council and said Council needs to get their priorities on a Council agenda earlier to have a more meaningful discussion on things important to Sebastian. 17. Being no further business, Mayor Hill adjourned the regular meeting at 8:40 p.m. Approved ajrthe July 13, 2011 Regular City Council meeting. Jim I, Mayor A ES £.a Sally A. Maio )4, C - City Clerk 14