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Home My WebLink About03172003Special� 1 � 1 Ri + ..` ', � .,t;l,;,�, r�� . � <:,�.r. � .�� ^°�c= � .�,. � � � � SEBASTIAN CITY COUNCIL SPECIAL MEETING MONDAY, MARCH 17, 2003 - 7:00 P.M. AGENDA PACKET MARCH 11, 2003 ELECTION MATTERS CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA �a 5�,��,ST�j __ _��. . . HOME OF PELIGN ISUND SEBASTIAN CITY COUNCIL SPECIAL MEETING ELECTION MATTERS AGENDA MONDAY, MARCH 17, 2003 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFF/CE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLOR/DA 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. ELECTION MATTERS (City Clerk Transmittal 3/12/03, R-03-06 Council Member Election) A. Resolution No. R-03-06 — Council Member Election Results A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE MUNICIPAL ELECTION; PROVIDING FOR DECLARATION OF COUNCIL RESULTS; 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 CONFLI T HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. C� r�,� G��-�,�. - ll•(U� G l� C'��f�`I � IP�- � B. Resolution No. R-03-12 — Certificate of Indian River Countv Canvassinq Board — Question Results A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE MUNICIPAL ELECTION; PROVIDING FOR CANVASSING OF ELECTION RETURNS; PROVIDING FOR DECLARATION OF 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 C�CTIVj E DATE.. � ,I /Q� �' I��UC-C �. � lX-G�R %v� IV C. Investit e of Newly Elected Officials by City Clerk - Joseph Barczyk - Raymond Coniglio Nath�n M�c�C�o�llum �f Election of Ma�vy r b�w Council — Mayor Barnes will call for nominations � � Election of Vice Mayor by New Council — Newly elected Mayor will call for nominations 5. ADJOURN ANY PERSON WHO DEC/DES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT TH/S MEETING (OR HEARING) 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 EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings. �a SEBASTI,�N r�. HOME OF �PEUC11[r ISU\ND CITY COUNCIL AGENDA TRANSMITTAL SUBJECT: 3/11 /03 Election Matters • Resolution No. R-03-06 • Resolution No. R-03-12 • Investiture of Elected Officials • Election of Mayor • Election of Vice Mayor APPROVED FOR SUBMITTAL: AGENDA NO: DEPT. ORIGIN DATE SUBMITTED MEETING DATE: EXHIBITS City Clerk �!/�/�` y� 3/14/03 3/17/03 Revised 3/17/03 R-03-06, R-03-12 Expenditure Required: Amount Budgeted: Appropriation Required: A) Resolution No. R-03-06 — Election of Council Members In accordance with Section 4.08(c) of the City Charter, "The City Council shall hold a Specia/ Meeting on the �rst Monday following the election for fhe purpose of receiving the certificate of the county canvassing board of the returns for Indian River County, Florida, or the city canvassing board, as fhe case may be. The City Council shall then declare the results of the election and enter them in the minutes of the special meeting. " Due to the fact that the Indian River County Canvassing Board final certification was not going to be available until March 18, 2003, Resolution No. R-03-06 was prepared to certify, for the record, that Joseph Barcryk, Raymond Coniglio and Nathan McCollum were elected by virtue of being unopposed and thus not listed on the 3/11/03 ballot. Recommended Action: Move to adopt Resolution No. R-03-06. B) Resolution No. R-03-12 — Receipt of Certificate of Canvassinq Board of Returns for Indian River Countv — Question We received notice on Friday that the signed certificate of Indian River County canvassing board would be available earlier than we expected, therefore, Resolution No. R-03-12 was prepared to officially receive the certificate of the canvassing board of the returns for Indian River County, in accordance with the City Charter. Recommended Action: Move to adopt Resolution No. R-03-12. C) Investiture of Newlv Elected Citv Council Members: Recommended Action: The City Clerk will call each newly elected official to the podium individually to be sworn in and then the newly elected City Council member shall take his place at the dais. In accordance with Section 2.04(b) of the City Charter, "The ferm of each newly elected council member shall begin on fhe Monday following the election, at a special meeting of the cify council to be held for the purpose of swearing in such newly e/ected o�cia/s. If a regular city council meeting is to be held the Monday following the e/ection, the newly elected o�cials shall be sworn in at the conclusion of such regular meeting. ° Section 4.08(c) continues, "Any oath of office required fo be administered to the newly e/ected council members shall be administered at such special city council meeting or af the next city council meeting where the new/y elected council members are in attendance." D) Election of Mavor Recommended Action: Mayor Barnes, as incumbent Mayor, shall ask for and receive nominations for mayor and then close nominations. The City Clerk will then call the roll and each Council member shall vote in the affirmative on nominee of his/her choice. The first nominee that receives a majority of affirmative votes shall be elected mayor. In accordance with Section 2.06 of the City Charter, "...after the seating of any new/y elected council members, at the first scheduled city council meeting subsequent to the second Tuesday in March, the new cify council shall, as the �rst order of business, elect a mayor from among its members. The incumbenf mayor or in his or her absence, the vice-mayor or in his or her absence, fhe 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 casf an a�rmative vote for the council member of their choice. The council member that receives a majority vote shall be e/ected mayor. In the event no council member receives a majority of the votes cast on the �rst ballot, balloting with sequential roll calls shall continue until a council member receives a majority vote. Council members shall not nominate themselves. On/y e/ected council members shall be eligib/e for the o�ce of mayor. (1) If there is no mayor seated on the new or existing city council, a temporary city council chairperson may be e/ected from the incumbent members of the city council for the purpose of e/ecting a mayor as set forth above. (2) In the event there is only one nomination and second for mayor, the nominee shall be seafed as mayor. E) Election of Vice Mavor Recommended Action: The newly elected mayor shall ask for nominations for vice-mayor. The City Clerk will then call the roll on each nominee and each Council member shall vote in the affirmative on nominee of his/her choice. The first nominee that receives a majority of affirmative votes shall be elected vice- mayor. In accordance with Section 2.06(c), "At the first regularly scheduled city council meefing subsequent to the second Tuesday in March, the city council shall elect a vice-mayor from among its members. The term of the vice-mayor shall be for one year or unfil his or her successor is elecfed. The vice-mayor shall be elected using the same procedure as for the election of the mayor." 2 RESOLUTION NO. R-03-06 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE MUNICIPAL ELECTION; PROVIDING FOR DECLARATION OF COUNCIL RESULTS; 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. WHEREAS, pursuant to Section 4.05 of the City Charter, the Mayor issued a Proclamation on December 11, 2002, calling a general election for March 11, 2003; and WHEREAS, the City Council, pursuant to Section 4.07 of the City Charter, adopted Resolution No. R-02-52 on December 11, 2002, 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; placing the question, "Shall Ordinance 0-02-97, requiring fhat all improved property in the City uniform/y recerve, and be assessed/charged for, solid waste collection service, go into effect? Yes No '; which, if adopted would amend the Code of Ordinances, 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 December 27, 2002, and January 3, 2003 in the Vero Beach Press Journal, and pursuant to Section 100.342 of the Florida Statutes, published notice of the ballot question on February 7, 2003 and February 21, 2003, in the legal notices section of 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, at the close of qualifying on January 24, 2003, only three candidates had qualified for the three seats available in March 2003; and, in accordance with Florida Law names of unopposed candidates shall not appear on the ballot and the candidates will be deemed to have voted for themselves and elected on March 11, 2003. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNT1(, FLORIDA, that: SECTION 1. DECLARATION OF NEWLY ELECTED CITY COUNCILMEMBERS. By virtue of being unopposed for the three City Council Member seats during the qualifying period ending January 24, 2003, Joseph Barczyk, Ray Coniglio, and Nathan B. McCollum were hereby elected to two year City Council terms on March 11, 2003. SECTION 2. RECORDING. The City Clerk is hereby directed to enter the results of the Council 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 Walter Barnes Vice Mayor Jim Hill Councilmember Joe Barczyk Councilmember Raymond Coniglio Councilmember Edward Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this 17th day of March, 2003. ATTEST: Sally A. Maio, CMC City Clerk (SEAL) Approved as to Form and Content for Reliance by the City of Sebastian Only: Rich Stringer City Attorney I wp-electlresolut2. wpd CITY OF SEBASTIAN, FLORIDA By: Walter Barnes Mayor 2 RESOLUTION NO. R-03-12 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE MUNICIPAL ELECTION; PROVIDING FOR CANVASSING OF ELECTION RETURNS; PROVIDING FOR DECLARATION OF 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 11, 2002, calling a general election for March 11, 2003; and WHEREAS, the City Council, pursuant to Section 4.07 of the City Charter, adopted Resolution No. R-02-52 on December 11, 2002, 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; placing the question, "Shal/ Ordinance 0-02-17, requiring that all improved property in the City unrformly receive, and be assessed/charged for, solid waste collection service, go into effect? Yes No ; which, if adopted would amend the Code of Ordinances, 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 December 27, 2002, and January 3, 2003 in the Vero Beach Press Journal, and pursuant to Section 100.342 of the Florida Statutes, published notice of the ballot question on February 7, 2003 and February 21, 2003, in the legal notices section of 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, no candidate names appeared on the City's official ballot due to only three candidates qualifying for the three seats available in March 2003. WHEREAS, Precincts 103, 104, 105, 106, 107, 109, 201, 203, and 204 of the City of Sebastian, Indian River County, Florida, held a general election on March 11, 2003 for consideration of the ballot question only; and WHEREAS, the Indian River County Canvassing Board acted on behalf of the City as set out in Charter Section 4.08 (a) since the City was holding its election as part of the election fo� Indian River County and they have verified said returns 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 returns provided by the Canvassing Board for Indian River County for the general election, held on March 11, 2003, in Precincts 103, 104, 105, 106, 107, 109, 201, 203, and 204 of the City of Sebastian, as attached hereto as Exhibit "A". SECTION 2. RECORDING. The City Clerk is hereby directed to enter the results of the 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 a vote, the vote was as follows: Mayor Walter Barnes Vice Mayor Jim Hill Councilmember Joe Barczyk Councilmember Raymond Coniglio Councilmember Edward Majcher, Jr. and, upon being put to The Mayor thereupon declared this Resolution duly passed and adopted this 26th day of March, 2003. ATTEST: Sally A. Maio, CMC City Clerk (SEAL) Approved as to Form and Content for Reliance by the City of Sebastian Only: Rich Stringer City Attorney Iwp-electlresolut2. wpd CITY OF SEBASTIAN, FLORIDA By: Walter Barnes Mayor 2