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HomeMy WebLinkAbout11162011alYOF HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, NOVEMBER 16, 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. ELECTION MATTERS A. Reading of Canvassing Board Election Results by City Attorney (Canvassing Board Certification dated 11/8/11) The City Attorney read the official returns for the City of Sebastian (see attached). B. City Clerk Administers Oath of Office Individually to Newly Elected City Council Members Don Wright, Andrea Coy and Bob McPartlan Council Members Wright, Coy and McPartlan were sworn in individually. 3. Reverend Ellie Lea from the First Presbyterian Church of Sebastian gave the invocation. 4. The Pledge of Allegiance was recited. 5. ROLL CALL City Council Present: Mayor Jim Hill Vice -Mayor Don Wright Council Member Andrea Coy Council Member Richard H. Gilimor Council Member Bob McPartlan Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Community Development Director, Joseph Griffin Police Chief, Michelle Morris Public Works Director, Jerry Converse Parks Superintendent, Chris McCarthy MIS Engineer Analyst, Rob Messersmith Regular City Council Meeting November 16, 2011 Page Two 6. NOMINATIONS AND ELECTION OF MAYOR AND VICE MAYOR (Charter Section 2.06 [as revised]) A. Incumbent Mayor Hill Calls for Nominations for Mayor - City Clerk Calls Roll Ms. Coy nominated Mr. Hill. There were no other nominations. Mr. Hill was appointed Mayor for a second, one -year term. B. Newly Elected Mayor Calls for Nominations for Vice Mayor — City Clerk Calls Roll Ms. Coy nominated Mr. Wright. There were no other nominations. Mr. Wright was appointed Vice Mayor for a second, one -year term. 7. AGENDA MODIFICATIONS Modifications and additions require unanimous voted of City Council Members None. 8. 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. A. Presentation of Plaque to Former Council Member Eugene Wolff Mayor Hill presented a plaque to former Council Member Wolff noting his service has made the City a better place. Mr. Wolff said it has been a pleasure working with Council, staff, and the residents; and thanked everyone for their cards and letters. B. Brief Announcements Ms. Coy thanked the Clambake Foundation and volunteers for the most attended and most profitable event yet. Mr. Wright announced the Chamber's 23rd Annual Light Up night will be December 2nd and maps should be available at the Chamber. Mr. Gillmor urged everyone to buy local for this holiday season. Mayor called for a recess at 6:43 p.m. and reconvened the meeting at 6:48 p.m. All members were present. 9. 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. pgs 12 -19 A. Approval of Minutes — October 26, 2011 Regular Meeting 2 Regular City Council Meeting November 16, 2011 Page Three pgs 20 -22 B. Approve Closing of Indian River Drive from Harrison Street North to Jackson Street on December 17, 2011 from 7:15 a.m. to 8:30 a.m. for the Runner's Depot 5K Run Fundraiser (Parks Transmittal, Application, Letter) pgs 23 -24 C. Approval of NB Use at Community Center — 11/26/11 — 7 pm to 11 pm — DOB Verified (Parks Transmittal, Application) pgs 25 -26 D. Approval of A/B Use at Yacht Club — 12/10/11 — 3 pm to 7 pm — DOB Verified (Parks Transmittal, Application) pg 27 E. Florida League of Cities' Scranton Settlement (City Attorney Transmittal) MOTION by Mr. Gillmor and SECOND by Ms. Coy to approve consent agenda items A -E. Result of the roll call vote: AYES: All NAYS: None Passed 5 -0. 10. 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. pg 28 A. Citizens Budget Review Advisory Board Appointment Information Only (City Clerk Transmittal) The City Clerk explained the process, stated this was for informational purposes and the item would be back on the December 14th agenda for formal appointment of members. Mr. Wright said his appointee would remain the same. pgs 29 -41 B. Natural Resources Board Interview, Unless Waived, Submit Nominations for One Unexpired Regular Member Position (City Clerk Transmittal, Applications, Ad, List) Mr. Wright said there were two applicants and recommended moving the current alternate to the regular member position, and appoint the second applicant to the alternate member position. There was no objection. Mr. Gordian was appointed to the regular member position that will expire July 1, 2013. Mr. Northcott was appointed to the alternate member position that will expire July 1, 2012. 11. PUBLIC HEARING pgs 42 -44 A. Second Reading Ordinance No. 0 -11 -18 — Eliminate Term Limits for City Boards (City Attorney Transmittal, 0- 11 -18) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DELETING TERM LIMITS FOR BOARD MEMBERS, AMENDING SECTION 2 -171 OF THE CODE OF THE CITY OF SEBASTIAN, FLORIDA, REPEALING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. (PJ Ad 11/2/11) 3 Regular City Council Meeting November 16, 2011 Page Four The City Attorney read the title of Ordinance No. 0 -11 -08 and Mayor Hill opened the public hearing at 6:52 p.m. Damien Gilliams, 1623 US Highway 1, said the removal of the section will allow Council to reappoint certain people that have been on a board for a continual basis, noting people will be discouraged when they see Council reappoint "a friend of a friend" and suggested a lottery might attract more applicants. Mayor Hill said there has been a good response from residents that want to serve. Ms. Coy said she couldn't think of one person that has applied and not been appointed. Mr. Gillmor said he felt the same way. Mr. Hill said this ordinance would give them the ability to retain quality individuals on the board. Mr. Wright said he concurred with the other members. MOTION by Mr. Gillmor and SECOND by Mr. Wright to adopt Ordinance No. 0- 11 -18. Result of the roll call vote: AYES: All NAYS: None Passed 5 -0. 6:56 pm 12. UNFINISHED BUSINESS pgs 45 -48 A. Presidential Street Project Update (City Manager Transmittal, Plans) The City Manager said back in August, Council decided to improve Washington, Martin, and Cleveland Streets by landscaping, new curb and gutter, rebuilding the base and provide additional parking. He said Frank Watanabe was in attendance to describe the re- designed plans for and drainage improvements associated with this project. Frank Watanabe, P.E., from Neel Schaffer Engineering, distributed the re- designed conceptual plans and described how Washington Street needs 325' of pipe, Cleveland Street needs 900' of pipe to redirect outflow for a total project cost of $300,000. He said St. Johns will allow the outflow as long as an additional baffle box is installed. Mr. Wright said additional outflow should also be expected in the future with the improvements planned for the Cavcorp lot. Mr. Watanabe said a larger pipe in addition to the higher position will help the water run out. The City Manager explained this is a result of two projects in the same area, they don't want to tear out any improvements but want to find a butt joint to move forward and match up the projects. In response to Mr. Hill, he explained that the reason they are addressing the pipe system is to match up some existing swale systems. The City Manager added they became aware of the needed improvements as they began to design the ditches and relieved the historic problems that came to light with the recent record rainfall. Mr. Gilliams said he was familiar with the streets, asked where the water will end up, stating the additional parking will pollute the river. In response to Mayor Hill, the City Manager said St. Johns River Water Management District (SJRWMD) regulates the water outflow. 4 Regular City Council Meeting November 16, 2011 Page Five Mr. Wright added there are EPA regulations as well. As a fiduciary point of clarification, the City Manager said when staff realizes that projects can be tied together; it does raise the cost for Mr. Watanabe's professional engineering services. The City Manager said he would bring back a contract, possibly identify some savings from the Powerline Road project to pay for the piping, and have construction start in the spring. pgs 49 -50 B. Approve the Parks & Recreation Committee's Original Recommendation of Timed Lights at Easy Street Park (Public Works Transmittal, Cost Estimate) The City Manager said this was a project to install lights at the Easy Street Park which have been sampled for the past two months; staff received feedback and the Parks and Recreation Advisory Board voted not to go with the solar lights. He said he was ready to start the project whichever way Council directed. JoAnn White, Parks and Recreation Advisory Board, said the Board did look at the solar lights and the issue was having lights on all night long where a timed light would make more sense. There was no public input. In response to Mr. Gillmor, the Parks Superintendent said the biggest difference was the company's recommendation to have the lights 12 ft apart which would be an additional 80 more lights that would significantly increase the cost and they weren't too sturdy. He also said they were low- energy LED lights that will be incorporated into the sidewalk. MOTION by Ms. Coy and SECOND by Mr. Wright to approve the Parks and Recreation Advisory Board's original recommendation of timed lights at Easy Street Park. Result of the roll call vote: AYES: All NAYS: None Passed 5 -0. 13. PUBLIC INPUT Ruth Sullivan, 1215 Indian River Drive, requested a noise ordinance for the mixed use riverfront district; said for the past few weekends she had asked the owners of Susi's Tiki Bar to lower the music volume so her guests could sleep; cited the EPA has found a safe level is no louder than 50 decibels and there is a direct link between noise and sleep. She requested an enforceable ordinance that sets a comfortable decibel level in the riverfront district and established locations for monitoring with escalating fines for repeating violations. Mayor Hill said we have addressed this issue on a one -on -one basis and suggested the City Manager speak to the business. Mr. Gillmor said when Council recently changed the ordinance they left out commercial property, noting Ms. Sullivan's property is mixed use. Mr. Wright said the problem seems to be directed at Susi's and asked Ms. Sullivan if she was just concerned about Susi's or all of the establishments. 5 Regular City Council Meeting November 16, 2011 Page Six Ms. Sullivan responded that an ordinance should be even - handed, compatible for everybody, she was not asking for a business to be hurt. She said in her experience, just asking for cooperation is not working. Dave Walton, Sebastian resident, congratulated the members that ran for election; said Mr. Wapnick, President of the Four Chaplains Monument Committee, Commander Ed Irons of the American Legion Riders, are on board with the memorial walkway at Veteran's Park; it will be wheel chair compatible and have more shade. He was advised by the City Manager to go to the Parks and Recreation Advisory Board. He also said he received support from Mark Feldner who is in the stone cutting business. Mayor Hill said it sounded fantastic and we should be proud of what have there in the Park. Mr. Wright said he asked the City Manager to research if we could use the leftover $25,000 from the lift station grant for this project. Bruce Zingman, Sebastian, said his call to Santa has been answered and Santa will be coming to town. He called for parade participants on Saturday, December 3rd at 6:00 p.m. to welcome Santa. He said any organization that would like to help please call the Chamber of Commerce at 569 -5869. Jim Sunnycalb, Sebastian, said the Bark Park will be represented in the parade; he invited residents and their dogs to walk in the parade and those interested could donate items for H.A.L.O. Pet Rescue. He reminded visitors to clean up after their dogs in the City parks. Mr. Sunnycalb said LaPorte Farms will have a lighted nativity scene displayed for the Chamber's Light Up night and invited the public to go to LaPorteFarms.com for directions to visit the display. Damien Gilliams said he is working on putting the checkbook on -line and thanked the Finance Department and Clerk's office for their help in that endeavor. He noted the Clam Bake was a great success and hoped the Foundation will reimburse the City for their expenses. Mr. Gilliams said he was not aware that the working waterfront was in compliance, he understood there are negotiations underway to pay off Mrs. McManus, and it bothered him that for - profit business will benefit from her and staff's mistake in the future. Ms. Coy asked to go back to the noise issue, the phone calls are keeping her awake at night and three businesses with tenants have residents that can't sleep. She said she has personally spoken to the three restaurant owners and she requested it be agendized for the next meeting. She said she offered one business to redeem itself by making the noise go away by the time they have first reading of an ordinance at the December 14th meeting. Mr. Gillmor concurred, noting there are ways to control how much noise a business puts out by putting speakers throughout the room or outside area. He said it's up to the business to tell the band to turn things down; when they don't, there is no bite or reason to be good neighbor. 6 Regular City Council Meeting November 16, 2011 Page Seven Mayor Hill said the business community did start doing a much better job and he would like to give them a month and then hear from them at the next meeting. Mr. Wright said the decibel /bass levels need to be looked at to see how that travels off site as it can be walled -in and not offend the next door neighbor. He said the time should also be looked at as 8:00 at night is different than 11:00 at night and he wasn't certain what a reasonable time is for music to play. He suggested establishing a measurable standard such as decibel level. Mr. McPartlan said he concurred with the rest of the Council, he had spoken to one of the property owners who was not looking to point fingers, but just get a good night's sleep. 14. NEW BUSINESS pgs 51 -56 A. Resolution No. R -11 -28 — Fee Reduction Resolution (CDD Transmittal, R- 11 -28) pgs 57 -60 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, EXTENDING THE TEMPORARY FEE REDUCTIONS ESTABLISHED BY RESOLUTION R -10 -44 AND ADOPTING A FEE REDUCTION FOR A HOME OCCUPATIONAL PERMIT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title of Resolution No. R- 11 -28. The Community Development Director said a year ago Council approved cutting certain development fees and staff would like to extend that for two years since the economy hasn't changed and reduce the home occupational license. MOTION by Ms. Coy and SECOND by Mr. Gillmor to approve Resolution No. R- 11 -28. Mr. Gilliams said he disagreed with the Community Development Director and suggested removing the fees and send out the message that the City is open for business. He asked if the Chamber has given a report on how many jobs have been created. Mayor Hill asked him to stay on track. Mr. Gilliams replied it was all tied together, the Chamber receives free rent, and they should report to us. Mr. Gilliams pointed out that we are trying to get businesses yet we charge them to review their plans and while it is not a lot of money, people need jobs to fill the vacant houses and then the City will receive more real estate revenues. Result of the roll call vote: AYES: All NAYS: None Passed 5 -0. B. First Reading of Ordinance No. 0 -11 -20 Relating to Storage of "Junk" — Set Public Hearing for 12/14/11 — Requested by Vice Mayor Wright (City Attorney Transmittal, Proposed 0- 11 -20) 7 Regular City Council Meeting November 16, 2011 Page Eight AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RELATING TO THE STORAGE OF "JUNK "; AMENDING SEC. 86.46, AND SEC. 86 -47, ARTICLE III "JUNK" OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, FLORIDA; PROVIDING DEFINITIONS; REPEALING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. The City Attorney read the title of Ordinance No. 0- 11 -20. The City Manager said this comes from complaints about different houses and is hard to enforce as the code does not delineate what is enclosed and what is not enclosed; staff wanted to define the open carport areas that are open to sight and if there is a collection of junk, that needs to be cleaned. MOTION by Mr. Gilimor and SECOND by Mr. Wright to approve Ordinance 0 -11 -20 on first reading. Louise Kautenburg said she lives in area with some junk collectors; they don't think what they have is junk so Council might want to define junk; she hoped there is some teeth for the offenders as she knows of one house in particular that has been an offender for three years. Ms. Coy cited the ordinance's junk definition. Dave Walton asked about boats on the side of a home. Mayor Hill clarified an offending boat would be dilapidated. Mr. Wright stated that he asked for this ordinance explaining the problem is open air storage to which the code enforcement officers don't know how to respond, and an attempt to keep the neighborhoods in good repair. Result of the roll call vote: AYES: All NAYS: None Passed 5 -0. pg 61 C. FEMA Flood Map Revision — Frank Watanabe, Neel- Schaffer (City Manager Transmittal) The City Manager said FEMA requires a periodic review of the flood maps and there have been some significant changes for the City. Frank Watanabe, P.E., Neel- Schaffer Engineering, gave a PowerPoint presentation on FEMA's flood zone procedure and preliminary draft maps of areas in the City that have been removed from the flood zone that will result in lower insurance rates for homeowners. (See attached) He said FEMA formally recognizes the mapped areas outside of the flood area and the final maps will come before Council in May 2012 for adoption. Mr. Wright asked if we can identify properties that were negatively affected by the changes. Mr. Watanabe said we can't, but we are trying to keep costs in an affordable range for individual letter of amendment surveys. Mr. Wright said when the final maps are prepared; if someone goes from $250 to $5000, he hoped there is the ability to appeal. 8 Regular City Council Meeting November 16, 2011 Page Nine Mr. Watanabe said if that happens, a homeowner can go through a letter of map amendment but the good news is where there has been a survey, FEMA has agreed those homes are above the flood area. Mr. Wright asked Mr. Watanabe to watch if homeowners weren't in the zone before, but are now, because it will negatively affect those homeowners. Mr. Watanabe said he would, but he wanted to point out the dramatically changed areas for now. Mr. Wright asked if adjustments should be made to our storm water management plan based on this new information. Mr. Watanabe explained the changes were made because in FEMA's review, Indian River County rounded down the base datum line so it is a direct relation to the storm water runoff plan and he noted about a month ago, there was a storm with six inches of rain in one hour and the mapped areas did not flood. Ms. Coy said there are some people with insurance rates that are going down and asked when did he anticipate this going on record to receive lower rates. Mr. Watanabe said FEMA is looking at May, 2012. 8:25 pm There was no public input. pg 62 D. Funding For Economic Development Office — Requested by Council Member Gillmor (City Manager Transmittal) Council Member Gillmor cited Mr. Griffin's titles and said it wasn't right to give him titles but no budget under any of the titles. He said there is $7,000 leftover from renewing the billboard for six months and he proposed moving that money under Mr. Griffin's purview for advertising, Google Ads or whatever he deems necessary for Economic Development. The Community Development Director said he did spend the previous allocated advertising budget and received a good response. Mr. Gillmor said the Economic Development Director's position should be funded. Mayor Hill agreed and said there should be a plan over $7,000 for economic development. Mr. Wright said Mr. Griffin is part of the North County Business Development Committee which has been working on a marketing plan for the City and they plan to present the plan outline on December 14th. The Community Development Director said that was correct. Mr. Wright said he would like to see a situation where the City will match contributions from the business community to create a larger fund for economic development and advertising. He also said he heard the County is planning to ask for money and since we can't fund our own, there should be a plan in place. Mr. Wright also pointed out this is CRA money so it may not be able to be moved into the general fund. Mr. Gillmor asked if there was another place Council could find money to fund the Economic Development Department. The City Manager replied it depended on what levels they were talking about. 9 Regular City Council Meeting November 16, 2011 Page Ten The Community Development Director said the Google Ad plan is a viable option, but there have been opportunities missed that involved travel money which he doesn't have. Mayor Hill said he would like to see the outline on December 14th Mr. Gillmor said members of the Treasure Coast Regional League of Cities were made aware of available money for infrastructure that has been sitting in the Florida Department of Economic Opportunity for projects that can bring in infrastructure businesses and noted we need to find travel money to Tallahassee to obtain that money. 15. CITY ATTORNEY MATTERS - none. 16. CITY MANAGER MATTERS The City Manager said he hoped to send out a current topic e-mail tomorrow. He said he does have a letter stating the City is in compliance for the Working Waterfront, Fishermen's Landing Sebastian needs a chance to review the master plan rewrite, and the goal is to have it released before Thanksgiving and on the agenda for December 14th 17. CITY CLERK MATTERS pgs 63 -64 A. Invitation to Attend Sunshine Law Seminar at IRC Administration on 11/28/11 (Agenda and Invitation) The City Clerk announced the Pubic Records and Sunshine Law Seminar to be held in the IRC Commission Chambers on November 28th, hosted by Vero Beach. 18. CITY COUNCIL MATTERS A. Mayor Assignment of City Council Members as Liaisons to Various Indian River County and Regional Boards and Committees (City Clerk Transmittal) See updated liaison list attached to minutes. ii. Assignment of Council Members to Monitor County Commission Meetings (City Clerk Transmittal) See updated schedule list attached to minutes. B. Vice Mayor Mr. Wright said he was disappointed with the voter turnout that determines three Council seats; said we need to somehow attract more voters because the majority of Council gets elected in the "off year." He suggested Council look at the amount of time they allow individual speakers as they are starting to see repetition and comments that don't have any affect on the issue at hand. The City Clerk said each new Council usually considers the "procedures resolution" which can be on the agenda for December 14tH 10 Regular City Council Meeting November 16, 2011 Page Eleven C. Council Member Gillmor Mr. Gillmor said the Art Center is open Tuesdays from 11:00 a.m. until 2:00 p.m. and they have a small works showing; and in January, they will have a Highwayman exhibition. D. Council Member Coy Ms. Coy congratulated Mr. McPartlan and Mr. Wright, thanked the voters for her fourth term; said she was charged and ready to do it for two more years. E. Council Member McPartlan Mr. McPartlan said he was honored to be a part of this Council and looked forward to getting a lot of work accomplished. 19. Being no further business, the regular meeting was adjourned at 8:53 p.m. Approved at the December 14th, 2011 regular City Council meeting. Hill, Mayor Sally A. M o, MMC - City Clerk 11 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 8th Day of November, A.D. 2011 and proceeded to publicly canvass the votes given for the offices herein specified at the Municipal General Election on the 8th Day of November, A.D. 2011, 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 /l /3 7 , of which number ANDREA B. COY DAVID DEVIRGILIO DAMIEN GILLIAMS BOB MCPARTLAN AMBER MILLER DON WRIGHT (VOTE FOR NO MORE THAN THREE) RECEIVED RECEIVED RECEIVED RECEIVED RECEIVED RECEIVED ?) 6 'I C VOTES 5'7 6 VOTES %C) VOTES /, 3 % .5 VOTES / . / VOTES J� �� VOTES CHARTER AMENDMENTS CITY OF SEBASTIAN, FLORIDA CHARTER AMENDMENT QUESTION #1 CONDUCT ELECTIONS IN EVEN NUMBERED YEARS AND PROVIDE FOUR -YEAR TERMS FOR CITY COUNCIL MEMBERS Shall Sections 2.03, 2.04 and 4.12(a) of the City Charter be amended to provide that council members shall: • be elected in even numbered years instead of having elections every year; and • be elected to four year terms instead of two years terms; provided that, for purposes of transition, council members elected in 2011 shall serve until November 2014? Yes for Approval RECEIVED No for Rejection RECEIVED "c2. VOTES CITY OF SEBASTIAN, FLORIDA CHARTER AMENDMENT QUESTION #2 REMOVAL OF CHARTER OFFICERS VOTES Shall Section 3.03 of the Charter be amended to provide that any charter officer may be removed from office with or without cause by a majority vote of the entire city council, without the presentation of written charges, suspension, notice to the charter officer, hearing and delay provided for in the current Charter? Yes for Approval RECEIVED g % VOTES No for Rejection RECEIVED % CV VOTES CITY OF SEBASTIAN, FLORIDA CHARTER AMENDMENT QUESTION #3 FILLING VACANCIES ON THE CITY COUNCIL Shall Section 2.08 of the Charter be amended to fill city council vacancies without calling special elections: • if there is a scheduled citywide election within 6 months of the vacancy, the city council may appoint a replacement; • if there is no election within 6 months, the city council shall appoint a replacement within 45 days; and • vacancies are created if there are fewer candidates than city council seats open for election? Yes for Approval RECEIVED fi 517L, VOTES No for Rejection RECEIVED l d 0 3 VOTES CITY OF SEBASTIAN, FLORIDA CHARTER AMENDMENT QUESTION #4 ELECTION ARRANGEMENTS Since general state law and other provisions of the City Charter establish the manner in which elections are to be called and held, shall Section 4.07 of the Charter, which deals with the same subject, be repealed in its entirety? Yes for Approval RECEIVED � 474/ VOTES No for Rejection RECEIVED 1, &) / VOTES CITY OF SEBASTIAN, FLORIDA CHARTER AMENDMENT QUESTION #5 CITY COUNCIL INVESTIGATIONS AND ORDERS Since the Charter prohibits the city council from giving orders to any employee other than a charter officer, shall Section 2.11 of the Charter be amended to delete references to penalties for failing or refusing to follow orders from the city council? Yes for Approval RECEIVED No for Rejection RECEIVED 35 2. VOTES /) / 0? VOTES CITY OF SEBASTIAN, FLORIDA CHARTER AMENDMENT QUESTION #6 COMMENCEMENT OF COUNCIL MEMBER TERMS In order to provide the city with additional time to receive election results from the Supervisor of Elections, shall Sections 2.04, 2.06 and 4.08 of the City Charter be amended to provide that newly elected council members be sworn in at the first regular meeting of the council following certification of the election results? Yes for Approval RECEIVED 02, O 5 VOTES No for Rejection RECEIVED 1/33 VOTES CITY OF SEBASTIAN, FLORIDA CHARTER AMENDMENT QUESTION #7 JUDGE OF QUALIFICATIONS FOR OFFICE AND THE CONDUCT OF CANDIDATES Shall Sections 2.09 and 4.13 of the Charter be amended to provide that the Florida Division of Elections, the Florida Elections Commission or the courts shall determine issues relating to the qualifications and election of city council members, rather than assigning these responsibilities to the city council? Yes for Approval RECEIVED f C '.5 VOTES No for Rejection RECEIVED ' I / VOTES CITY OF SEBASTIAN, FLORIDA CHARTER AMENDMENT QUESTION #8 DELETE REFERENCES TO POOR HOUSES, DAIRIES & SLAUGHTER HOUSES Shall Section 1.02 of the City Charter be amended to delete the references to "poor houses ", "dairies" and "slaughter houses" listed in that Section? Yes for Approval RECEIVED No for Rejection RECEIVED 1,7 / 6 VOTES 77‘ .. 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. Sal y� aio, : ebastian City Clerk Canvassing Board Chairman Robert Ginsburg, Seb. "Ian City Attorney Canvassing Board Member Ca November 8, 2011 er, Sebastian City Manager assing Board Member