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HomeMy WebLinkAboutProposed November Charter Amendment Questions & Resulting Language if ApprovedCITY 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 year terms; provided that, for purposes of transition, council members elected in 2011 shall serve until November 2014? Yes for Approval No for Rejection (0- 11 -10) CITY OF SEBASTIAN, FLORIDA CHARTER AMENDMENT QUESTION #2 REMOVAL OF CHARTER OFFICERS 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 No for Rejection (0- 11 -12) 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 No for Rejection (0- 11 -09) 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in which elections are to be called and held, shall Section 4.07 of the Charter, which deals with the same subject, be repealed in its entirety?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 No for Rejection (0- 11 -08) 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 No for Rejection (0- 11 -11) 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 No for Rejection (0- 11 -13) 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 No for Rejection (0- 11 -14) 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 No for Rejection (0- 11 -07) (LANGUAGE IF BALLOT QUESTION #1 APPROVED) ATTACHMENT TO ORDINANCE 0 -11 -10 PROPOSED CHARTER AMENDMENT LANGUAGE Sec. 2.03. Election. (a) [T]here shall be held a general election of two (2) council members on the first Tuesday following the first Monday in November of each even numbered year and of three (3) council members in each odd numbered year. (b) The city elections shall have at large voting. 2.03 Elections and Terms. (a) Election of Three (3) Council Members. Three (3) council members shall be elected in 2011 at the time of the general election in November. Council members elected in 2011 shall serve until their successors are sworn in after the general election in November, 2014. Three (3) council members shall be elected in 2014 and every four years thereafter at the time of the general election in November. (b) Election of Two (2) Council Members. Two (2) council members shall be elected in 2012 and every four years thereafter at the time of the general election in November. Sec. 2.04. Terms. (a) The tcrms of the council members shall be for two (2) years, or until a successor has been duly elected or appointed and sworn. (b) The term of each newly elected council member shall begin on the Monday conclusion of such regular meeting. Sec. 4.12. Election procedures; tie vote. (a) In all general or special elections, the candidates receiving the highest vote in each of the offices of council member to be filled, shall be elected. for two year terms, or the balance of the term. (LANGUAGE IF BALLOT QUESTION #2 APPROVED) ATTACHMENT TO ORDINANCE 0 -11 -12 PROPOSED CHARTER AMENDMENT LANGUAGE Sec. 3.03. Removal of Charter officers. {a) Any Charter officer may be removed from office for cause, with or without cause by a majority vote of the entire city council. removal of a Charter officer, such council members shall present written charges to the cc city council at a regularly scheduled meeting for discussion. The city council may, a violation and that a reasonable basis exists for believing the violation occurred, such Charter officer form office. Notice of the suspension and the specific charges of registered mail, return receipt requested, to the last known address of the affected the city council upon request. The suspended Charter officer shall be given a hearing, the suspended Charter officer shall be removed if the city council finds, by a removal, the suspended Charter officer shall be immediately reinstated to his or her Charter office. (LANGUAGE IF BALLOT QUESTION 3 APPROVED) ATTACHMENT TO ORDINANCE 0 -11 -09 PROPOSED CHARTER AMENDMENT LANGUAGE Sec. 2.08. Vacancies; forfeiture of office; filling of vacancies. (a) Vacancies. The office of council member or the mayor shall become vacant upon his /her death, resignation, removal from office in any manner authorized by law or forfeiture of his /her office. (b) Forfeiture of office. A council member or the mayor shall forfeit his /her office if he /she: (1) Lacks at any time during his /her term of office any qualification for the office prescribed by this Charter or by law; (2) Violates any express prohibition of this Charter; (3) Is convicted of a crime involving moral turpitude; or (4) Fails to attend three (3) consecutive regular meetings of the city council without being excused by the city council. city council shall, by taking individual nominations and voting thereupon, appoint a person having the qualifications of council member to occupy such-office until the earlier municipal election for the city where the qualifying period for seeking election for council members has not expired, or (2) for the remainder of the unexpired term of the council election rests. (c) Filling Vacancies. Any vacancy in the office of council member shall be filled by majority vote of the remaining council members within thirty (30) days. The person chosen to fill the office shall at the time of appointment meet the qualifications for a member of the city council. An appointed city council member shall serve only until the next citywide election. If the vacancy has occurred in the term of a city council member that extends beyond the next citywide election, the remainder of the unexpired term shall be filled by election, and the candidates shall run specifically for that seat on the council. (d) Filling Vacancies in Candidacy. In the event that following the close of the official qualifying period set out in Charter Section 4.02 (b), the number of legally qualified candidates is fewer than the number of seats open for election, the new city council shall fill the vacancy in office in the same manner described above in paragraph (c) of this Section. (LANGUAGE IF BALLOT QUESTION 4 APPROVED) ATTACHMENT TO ORDINANCE 0 -11 -08 PROPOSED CHARTER AMENDMENT LANGUAGE Sec. 4.07. Reserved. the election to be published in accordance with Florida law. (LANGUAGE IF BALLOT QUESTION 5 APPROVED) ATTACHMENT TO ORDINANCE 0 -11 -11 PROPOSED CHARTER AMENDMENT LANGUAGE Sec. 2.11. Investigations. The city council may make investigations into the affairs of the city and the conduct of any city department, office or agency and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Any person (LANGUAGE IF BALLOT QUESTION 6 APPROVED) ATTACHMENT TO ORDINANCE 0 -11 -13 PROPOSED CHARTER AMENDMENT LANGUAGE Scc. 2.04. Terms. (a)- T- hc--terms of the council members shall be for two (2) y ars, or until a sueec -sor (b) The term of each newly elected council member shall bcgin on the Monday conclusion of such regular meeting. Sec. 2.04. Term Commencement. Swearing In. The terms of newly elected council members shall commence when they are sworn in immediately prior to the first regularly scheduled city council meeting held following certification of the election results. 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. (b) Mayor - Duties, general. The mayor shall preside at each meeting of the city council, shall have a vote upon matters before the city council, but shall not possess a veto power. The mayor shall have the power to preserve the peace and order, be recognized as the head of the city government for all ceremonial purposes, and shall be recognized by the governor as the head of the city government for purposes of military law. The mayor shall sign all ordinances, resolutions and proclamations of the city council or other documents as required by law on behalf of the city as directed and authorized by the city council, which shall also be attested by the city clerk. (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. (d) Vice - mayor- - Duties, general. In the absence or disability of the mayor, the vice - mayor shall serve as mayor during such absence or disability. In the absence or disability of both the mayor and vice - mayor, the senior member of city council shall serve as mayor during such absence or disability. (e) Vacancies. In the event the office of mayor shall become vacant during the course of a term, the vice -mayor shall succeed to the office of mayor. In the event the office of vice -mayor shall become vacant during the course of a term, a new vice -mayor shall be chosen as the first order of business at the next council meeting. Sec. 4.08. Same --City canvassing board; canvass of election returns. (a) If the city is not holding its election as a part of the election for Indian River County, Florida, the city clerk shall appoint a city canvassing board to be composed of three (3) individuals; one (1) member shall be the city clerk, one (1) member shall be the city attorney, and the remaining member shall be appointed by the city clerk. The city clerk shall act as chairperson of the city canvassing board. (b) When a city canvassing board has been constituted, the city canvassing board shall meet at a place and time designated by the chairperson, as soon as practicable after the close of the polls of any municipal election involving the city, at which time, the city canvassing board shall proceed to publicly canvass the absentee electors' ballots and then publicly canvass the vote as shown by the returns then on file in the office of the supervisor of elections for Indian River County, Florida. The city canvassing board shall prepare and sign a certificate containing the total number of votes cast for each person or other measure voted on. The certificate shall be placed on file with the city clerk. newly elected council members shall be administered a such special city council are in attendance. 2 (LANGUAGE IF BALLOT QUESTION 7 APPROVED) ATTACHMENT TO ORDINANCE 0 -11 -14 PROPOSED CHARTER AMENDMENT LANGUAGE Sec. 2.09. Judge of qualifications. filing by a sitting member of council of a written charge that a member has committed 1 meeting shall be scheduled within thirty (30) days for a hearing on the charge. Sec. 2.09. Judge of qualifications. The Florida Division of Elections, the Florida Elections Commission (or successor state agencies) or the courts shall determine issues relating to the election and qualifications of city council members and of the grounds for forfeiture of their office. Sec. 4.13. Reserved. be entitled to the office. Any sitting member of council or candidate therefore may file a written charge with affirmative determination by the majority, a special meeting shall be scheduled within office, and the person receiving the majority of the votes cast, observing the foregoing conditions, shall be entitled to the office. (LANGUAGE IF BALLOT QUESTION 8 APPROVED) ATTACHMENT TO ORDINANCE 0 -11 -07 PROPOSED CHARTER AMENDMENT LANGUAGE Sec. 1.02. Extraterritorial powers. In addition to the powers enumerated herein, the city shall be vested with all extraterritorial powers heretofore granted by the prior Charter of the City of Sebastian, Florida, as follows: (1) Acquisition of property. To acquire by purchase, gift, devise, condemnation, lease or otherwise, real or personal property or any estate therein, or riparian right or easements therein, within or without the city, to be used for any municipal purpose, including cemeteries or places for burial of the dead; streets and highways, public parking lots or spaces; bridge and tunnels sites; the construction of a telephone system; plants, works and wells and other equipment necessary for supplying said city with water, ice, gas for illuminating and heating purposes, and electric power for illuminating, heating and other purposes; the location of waterworks and sites for public utility works; the establishment of poor houses, houses of detention and correction; hospitals for the cure or detention of the sick; jails; market houses, public parks, playgrounds, airports, docks, sea walls, yacht harbors, wharves, warehouses, promenades; plants for cremating, neutralizing or otherwise destroying sewerage, garbage and refuse; for extension of sewer and drainage pipes and watermains; and for any public or municipal purpose; and to improve, sell, lease, pledge or otherwise dispose of same or any part thereof for the benefit of the city, to the same extent that natural persons might do, in the manner provided in this Charter. Any land purchase in excess of ten percent of the general fund of the current budget year shall require two appraisals. If the purchase price is in excess of the average of two appraisals, approval of the purchase would require a supermajority vote of four members of Council. (2) Docks, wharves, sea walls. To establish, construct, maintain, operate and control public landings, piers, wharves and docks within and without the city, and to acquire lands, riparian rights or other rights and easements necessary for such purposes; to control and regulate the operation of boats and the speed thereof; to lay and collect reasonable duties, charges or fees on vessels or watercraft coming into or using such landings, wharves, and docks; to regulate the manner of using any and all wharves and docks within and without the city and the rates of wharfage or charges to be paid by vessels or other watercraft using the same. (3) Use of public lands and waters. To regulate and control the use and occupancy of the waters, waterways, water bottoms, wharves, causeways, bridges, beaches, streets, thoroughfares, alleys, parks, public lots, and other public places in the city and municipally owned or leased property within or without the city limits; and to impose and enforce adequate penalties for violation of such rules and regulations. (4) Public utilities. To furnish any and all local public services, including electricity, gas, water, lights, or transportation, and to charge and collect necessary fees or charges therefor; to purchase, hire, construct, own, extend, maintain, operate or lease any public utilities, electric light system, telephone and telegraph system, waterworks and plants, ice plants, and works, gas plants and distribution systems, bus or transit systems, radio broadcasting stations, television stations, cablevision rebroadcasting systems, telephone systems, or other public utility; to establish, impose and enforce rates and charges for supplying such services or conveniences by the city to any person, persons, firm or corporation; to furnish any and all local public services to persons, firms, industries, or municipal corporations residing or located outside of the limits of said city. To acquire in any lawful manner in the State of Florida such water, lands and lands under water as the city council may deem necessary for the purpose of providing an adequate water supply for said city and the piping and conducting of the same, to make reasonable rules and regulations for promoting the purity of its said water supply and protecting the same from pollution and for this purpose to exercise full police powers over all lands comprised within the limits of the water shed tributary to any such supply wherever such lands may be located in the State of Florida. (5) Abatement of nuisances. To compel the abatement and removal of all nuisances within the city or upon the property owned by the city beyond its corporate limits, at the expense of the person or persons causing the same, or of the owner or occupant of the grounds or premises whereon the same may be. (6) Dairies-and sStock. To provide for inspecting and regulating the sanitary condition of all dairies, butcher pens, slaughter houscG, meat markets, or other places within and without the city limits, where the products of same are sold within the city limits, and to provide penalties for the violation of such regulations. (7) Airports. To purchase, acquire, take hold, establish, construct, equip, maintain and operate municipal airports, landing fields, hangars, aviation terminals and administration buildings, runways depots, warehouses, garages, repair shops, oil and fuel tanks or stations, or other necessary appurtenances for the use of airplanes and other aircraft, and to acquire or lease any and all real property within the corporate limits, or within ten (10) miles of the boundaries thereof for such purpose; to set apart and use for such purpose any real property owned or leased by the city, whether or not originally acquired by condemnation, purchase or lease for another purpose; to adopt and enforce reasonable rules and regulations governing the use of such municipal airports; to employ airport directors, airport managers, employees or agents in connection with such operation; to impose fees or charges in connection with the use of such airport or airport facilities; to sell gasoline or other supplies necessary in connection with the operation of such airports; to provide lounges, eating places, refreshment parlors and other facilities in connection with such municipal airports; to let or lease to private persons or corporations portions of said airports for building sites, hangar space, concessions or other uses for a term not to exceed thirty (30) years; to prescribe and promulgate reasonable rules and regulations for the operation of such airports, and to exercise supervision and control of such operation; to accept and receive grants from the state and federal governments and any body politic for the construction, 2 maintenance, operation and management of such airport facilities. (8) Contracts with other governmental agencies. To enter into contracts with the State of Florida or any of its subdivisions or agencies, and with the United States of America or any department or any agency thereof, in order to purchase, lease or acquire property, real and personal, within or without the limits of the territorial boundaries of the city, for any municipal purpose, and to sell, alienate, convey, lease or otherwise dispose of same for the benefit and advantage of said city. (9) To convey to United States or State of Florida. To acquire real estate or any interest therein, located within or without the territorial limits of said city, by purchase, gift, devise, condemnation or otherwise, for the purpose of giving, granting or conveying the same to the United States of America or the State of Florida, or any lawful agency or subdivision thereof, whenever the city council of said city shall deem it advisable, beneficial and to the best interest of said city so to do, or in order to induce the construction of public institutions and public works of any and all kinds. (10) Golf course. To acquire, construct, own and operate a golf course or golf courses and all such buildings and improvements as said city may deem necessary or desirable for use in connection therewith, within or outside of the limits of said city; to use any lands now owned by said city for the purpose of a golf course or golf courses, and to acquire by purchase, lease, condemnation or otherwise for such purposes any lands within or outside the limits of said city as it may deem necessary or desirable, to charge reasonable admissions, rentals or fees for the use or enjoyment of such golf course or golf courses by the users thereof, and prescribe reasonable rules and regulations for the use and operation thereof. (11) Eminent domain. To exercise the right and power of eminent domain, that is, the right to appropriate property within or without the territorial limits of said city for the following uses or purposes: For streets, lanes, alleys and ways, for public parks, squares and grounds, for drainage and for raising or filling in land in order to promote sanitation and healthfulness, for reclaiming and filling when lands are low or wet or overflowed, altogether or at times and entirely or partly, for the abatement of any nuisance, for the use of water pipes and for sewage and drainage purposes, for laying wires and conduits under the ground, for city buildings, waterworks, pounds, electric power plants, bridges, sea walls, bulkheads, causeways, docks, golf courses, airports and any and all other powers granted to said city by this Charter and for any other municipal purpose and for any other purpose granted by law, all of which shall be coextensive with the powers of the City of Sebastian exercising the right of eminent domain and the absolute fee simple title to all property so taken and acquired shall vest in said city unless the city seeks to condemn a particular right or estate in such property. That the procedure for the exercise of eminent domain or the condemnation of any lands or property under this subsection shall be the same as is provided by the general laws of the State of Florida with respect to eminent domain. The city shall not use the power of eminent domain for a project having the purpose of transferring rights in the properties acquired to a private party in pursuit of economic development. 3