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HomeMy WebLinkAbout1999 Filling Vacant SeatCity of Sebastian 1225 MAIN STREET 11 SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589 -5330 0 FAX (561) 589 -5570 OFFICE OF THE CITY ATTOM E MEMORANDUM To: Members of Council From: Rich Stringer, Sebastian City Attorney' Re: Succession Date: 9/10/99 The primary thing that Mayor Wininger asked of me upon taking this position was that, regardless of the circumstances, I do the correct and proper thing. At this time of sadness at her passing, the obligation of carrying on the governance of the City she so loved continues. The City Charter provides guidance as to some of the steps that must be taken in response to our loss, yet some of the specifics are left to the discretion of Council. I hope that this memo will be of assistance. I. Leadership Succession The Charter only provides for election of a new mayor upon the seating of any newly elected member of Council. As will be discussed further below, the vacancy in the Council will be filled by appointment, so this provision will not be triggered. Likewise, Section 2.06(d) of the Charter merely addresses the vice - mayor's responsibility to be acting mayor when the mayor is temporarily unavailable. In the absence of an explicit Charter provision on succession, under common law and as discussed in Robert's Rules of Order, the vice - mayor succeeds to the position of mayor. With the absence of a separate oath for mayor or other investiture requirement, I am of the opinion that at this time Chuck Neuberger is the Mayor of the City of Sebastian. The Charter makes no provision for filling the vacancy of the position of vice - mayor. As was the situation with the United States government prior to amendment of the Constitution following the assassination of JFK, with the succession of the second -in- command to the head of government, the position of vice -mayor will remain vacant. The Charter provides that, on those occasions when there is neither a mayor nor vice -mayor available, the senior member of Council available shall be acting mayor. Based upon the order in which the remaining members of Council were sworn -in, the seniority runs from Barczyk to Bishop to Majcher. II. Council Vacancy Section 2.08 of the Charter provides that the Council shall appoint a qualified (in the legal sense of being an elector of the City) person to fill any vacancy on Council. There is no further direction on procedure. Because the adoption of the budget is pending for the next meeting on September 22nd, I wanted to make you aware of the options on how to proceed; the choice is yours. I believe there are three options: 1. If the desire is to have the new member take part in the budget adoption process and it is felt that the successor needs some time to prepare for the final hearing, the Council could choose to hold a special meeting prior to September 22nd. Under the Charter, Mayor Neuberger can call the special meeting on his own accord. In the alternative, the remaining three council members can call for the meeting. I would suggest that any member desiring such a meeting submit the request in writing to the City Clerk and, if three requests are received, she then schedule the meeting. At any such special meeting, there shall always be the option of deferring action to the next regular meeting. 2. If the desire is to have the new member take part in the budget adoption process but it is felt that any potential successor will be well- versed on the budget, the Council can wait until the September 22nd meeting and fill the vacancy prior to consideration of the budget. Since "public hearings" regularly appear before "new business" on the agenda, it would be appropriate to modify the agenda to bring the appointment of a successor up on the agenda. 3. If it is felt that it is more appropriate to address the budget prior to bringing in a new member to Council, then the issue can be addressed under "new business" without any agenda modifications. If you have any questions or need further assistance, please feel free to call. City Clerk City Manager Special City Council Meeting October 6, 1999 Page Two 4. SPECIAL MEETING ITEM 99.192 A. Consider Filling a Vacancy in the Office of City Council in Accordance with Section 2.08 of the City Charter The City Attorney read Section 2.08(c) of the City Charter. City Council discussion followed on a method to use for appointment. Suggestions ranged from going back to the last election and appointing the person who had the next highest votes to keep politics and personalities out of the decision, not going back to the last election and appointing a "new face ", appointing someone who is currently working with this administration perhaps on a committee, and not appointing someone from the last election due to the fact that the voters had not elected those people. William Schulke, Trade Center Drive, Sebastian, read a letter into the record (see attached) Al Vilardi, Georgia Boulevard, Sebastian, suggested a commitment from the appointee that he /she would not run in March. Joseph Rueck, Miller Drive, Sebastian, opposed going back to the last election. Ted Fay, South Wimbrow Drive, Sebastian, suggested the former Airport Manager and opposed electing anyone opposed to the Police Department. Louise Kautenberg, Sebastian, concurred with going back to the last election. Steve DiTrapano, Chelsea Avenue, Sebastian, concurred with going back to the last election. Sal Neglia, Georgia Boulevard, Sebastian, suggested appointing a new face. Ina Giniso, Periwinkle, concurred with going back to the last election. Thomas Wojciekowski, Sebastian, concurred with going back to the last election. City Council discussion continued. Mayor Neuberger distributed a copy of a resume from Thomas Gill to each Councilmember (see attached) The City Attorney stated that an appointee could promise not to run in March but could not be required to abstain from running. 318 Special City Council Meeting October 6, 1999 Page Three TAPE I - SIDE II (7:45 p.m) MOTION by Bishop/ "I would like to make a motion that we go back to the last election, go back to the next highest vote getter, make that offer for the vacancy, if that offer is declined, then we go back to the next highest vote getter until the seat is filled." Motion died for lack of a second NOMINATION by Neuberger/Majcher "I'd like to nominate Mr. Nate McCollum." Nate McCollum respectfully declined, noting his commitment to the Charter Review Committee and seeing the charter amendments through to completion. MOTION by Barczyk/Majcher "I'd like to nominate Mr. Barnes." ROLL CALL: Mayor Neuberger - nay Mr. Barczyk - aye Mr. Bishop - nay Mr. Majcher - aye MOTION TIED 2 -2 MOTION by Majcher/Neuberger "I'd like to nominate Sal Neglia." Sal Neglia respectfully declined, citing personal reasons. MOTION by Neuberger/Majcher "I would like to nominate Thomas P. Gill, Sr. ROLL CALL: Mr. Barczyk - nay Mr. Bishop - nay Mr. Majcher - aye Mayor Neuberger - aye VOTE TIED 2 -2 319 Special City Council Meeting October 6, 1999 Page Four MOTION by Neuberger/Majcher "I'd like to nominate Al Vilardi." Al Vilardi respectfully declined, citing health reasons. MOTION by MajcherBarczyk "I make a motion to renominate Walter Barnes.." ROLL CALL: Mr. Bishop - nay Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye MOTION CARRIED 3 -1 (Bishop - nay) Walter Barnes accepted the appointment, and the City Attorney recommended Mr. Barnes be sworn in at the beginning of the October 13, 1999 Regular Meeting. 5. Being no further business, Mayor Neuberger adjourned the Special Meeting at 7:55 p.m. Approved at the. Kathryn M. O'Halloran, CMC /AAE City Clerk 1999, Regular City Council Meeting. 320 Chuck Neuberger Mayor City of Sebastian 25 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 -ZLEPHONE (561) 589 -5330 0 FAX (561) 589 -5570 PUBLIC NOTICE CITY COUNCIL CITY OF SEBASTIAN INDIAN RIVER COUNTY FLORIDA SPECIAL MEETING IN ACCORDANCE WITH CITY CHARTER SECTION 2.08 The Mayor of the City of Sebastian has called a special meeting for Wednesday, September 15, 1999 at 7:00 p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida. Purpose: Consider Filling a Vacancy in the Office of City Council in Accordance with Section 2.08 of the City Charter. Any person who decides to appeal any decision made by the City Council with respect to any matter considered at this 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'sADA coordinator at 589 -5330 at least 48 hours in advance of this meeting. City of Sebastian 1225 MAIN STREET 11 SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589 -5330 0 FAX (561) 589 -5570 PUBLIC NOTICE CITY COUNCIL CITY OF SEBASTIAN INDIAN RIVER COUNTY FLORIDA SPECIAL MEETING yor of the City of Sebastian has called a special meeting for Wednesday, September .00 p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida. Consider Filling a Vacancy in the Office of City Council in Accordance with Section 2.08 City Charter. !l'ny person who decides to appeal any decision made by the City Council with respect to any matter considered at this 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. (2860105 F.S.) In compliance with the Americans with Disabilities Act (ADA), anyone who needs a special accommodation for this meeting should contact the city'sADA coordinator at 589 -5330 at least 48 hours in advance of this meeting. City of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589 -5330 0 FAX (561) 589 -5570 October 18, 1999 Kay Clem Supervisor of Elections 1840 25th Street, Suite N -109 Vero Beach, Florida 32960 -3394 Dear Mrs. Clem: For your information, Walter Barnes was sworn in to fill the vacancy on the Sebastian City Council at their regular meeting on October 13, 1999. He has received the necessary information for filing financial disclosure. If you have any questions, please give us a call. Sincerely Kathryn M. Halloran, CMC /AAE City Clerk KMO:js Regular City Council Meeting DRAFT October 13, 1999 Page Two 99.192 5. INVESTITURE OF NEWLY APPOINTED CITY COUNCIL MEMBER WALTER BARNES Mr. Barnes was sworn in by the City Clerk and took his place on the dais. 6. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a majority vote of City Council members (R- 99 -21) Mayor Neuberger recommended adding the removal of the water restriction to the agenda. Following some discussion, it was the consensus of City Council to direct the City Manager to ascertain current aquifer levels and place the item on the next agenda. 99.046 A. Presentation of Certificates to Employees of the Second Quarter 1999 - Gerry Kubes - Building Department - Gary Johnson - Public Works Mayor Neuberger read brief bios and presented plaques to Gerry Kubes and Gary Johnson. 99.193 B. Presentation by Pelican Island Garden Club (City Manager Transmittal 10/6/99. Miquelon better) Trudy Hirtling, President of the Garden Club, gave a brief presentation to City Council about Garden Club Park and its plans to build a gazebo, and requested that electricity be made available in the park. Mayor Neuberger offered to donate his services for the electrical work. Said he had sent the letter to the Attorney General regarding real estate licenses. Reported on the Indian River County agreement for allocation of $200,000 for the Good Guys property, which will be on the Tuesday commission agenda and will come to Council in the near future Reported that US Fish and Wildlife will attend the 10/27/99 meeting to discuss a scrub mitigation agreement FA City of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589 -5330 a FAX (561) 589 -5570 October 15, 1999 Walter Barnes 402 Azine Terrace Sebastian, Florida 32958 Dear Mr. Barnes: At the Sebastian City Council regular meeting on October 13, 1999 it was moved to formally accept your resignation from the Charter Review Committee. Thank you for your time and service while on this committee. Sincerel , O // Kathryn M. O'Halloran, CMC /AAE City Clerk KMO:js Regular City Council Meeting DRAFT October 13, 1999 Page Two 99.192 5. INVESTITURE OF NEWLY APPOINTED CITY COUNCIL MEMBER WALTER BARNES Mr. Barnes was sworn in by the City Clerk and took his place on the dais. 6. AGENDA MODIFICATIONS (ADDITIONS AND /OR DELETIONS Items not on the written agenda may be added only upon a majority vote of City Council members (R- 99 -21) Mayor Neuberger recommended adding the removal of the water restriction to the agenda. Following some discussion, it was the consensus of City Council to direct the City Manager to ascertain current aquifer levels and place the item on the next agenda. 99.046 A. Presentation of Certificates to Emplages of the Second Ouarter 1999 - Gerry Kubes - Building Department - Gary Johnson - Public Works Mayor Neuberger read brief bios and presented plaques to Gerry Kubes and Gary Johnson. 99.193 B. Presentation by Pelican Island Garden Club (City Manager Transmittal 10/6/99, Miquelon Letterl Trudy Hirtling, President of the Garden Club, gave a brief presentation to City Council about Garden Club Park and its plans to build a gazebo, and requested that electricity be made available in the park. Mayor Neuberger offered to donate his services for the electrical work. Said he had sent the letter to the Attorney General regarding real estate licenses. . .� Reported on the Indian River County agreement for allocation of $200,000 for the Good Guys property, which will be on the Tuesday commission agenda and will come to Council in the near future Reported that US Fish and Wildlife will attend the 10/27/99 meeting to discuss a scrub mitigation agreement 2 City of Sebastian 1225 MAIN STREET 11 SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589 -5330 o FAX (561) 589 -5570 OATH OF OFFICE I, Walter W. Barnes, do solemnly swear (or affirm) that I will support, protect, and defend the Constitution and Government of the United States, and of the State of Florida against all enemies, domestic and foreign; that I will bear true faith, loyalty, and allegiance to the same; that I am duly qualified to hold office under the Constitution and Laws of the State of Florida; and that I will faithfully perform all the duties of the office of Councilmember on which I am about to enter, so help me God. 1.QJaQj�j Leg AJA. J Walter W. Barnes Sebastian City Council Member Sworn and subscribed before me this 13th day of October, 1999. oc..� Ka M. O'Halloran, CMC /AAE City Clerk P City of Sebastian 1225 Main Street O Sebastian, Florida 32958 Telephone (561) 589 -5330 Cl Fax (561) 589 -5570 E -Mail: cityseb@iu.net October 7, 1999 Honorable Mayor and City Council Members City of Sebastian 1225 Main Street Sebastian, FL 32958 Dear Mayor and City Council Members: In light of my appointment to City Council in accordance with Section 2.08 of the City Charter, I hereby resign from my position on the Charter Review Committee. Sincerely, Walter W. Barnes sam cc: Nate McCollum, Chairman Charter Review Committee THOMAS P. GILL SR. 1244 LARKSPUR STREET SEBASTIAN, FLORIDA 561 -589 -0112 Born: August 20,1935 Queens, New York Schools attended 1) Saint Martins Elementary, Amityville, New York, 1941-1948 2) Amityville High School, Amityville New York, 1948 -1952 3) State University of New York At Farmingdale, New York, 1973 -1975 4) New York Institute of Technology, Westbury New York, 1975 -1978 Military Service: 1) U.S. Navy 1952 -1956, Honorable Discharge 2) U.S. Army 1957 -1960, Honorable Discharge Employment Record: 1) Amityville Police Department, Amityville, New York 1960 -1962 2) Suffolk County Police Dept. Suffolk County, New York, 1962 -1981 (Retired) 3) Broward Sheriff s Office, Broward County Florida, 1982-1997 (Retired) 4) ERA Mid Florida Real Estate, Sebastian Florida, 7 /99- present. Family: Wife: Nancy Gill, Children: 1) Joseph 40 years of age, Police Officer, Broward Sheriff s Office 2) John 39 years of age. Senior sales rep. Pitney Boes 3) Thomas Jr., 37 years of age, Attorney, Brandon Florida 4) James, 35 years of age, Pest Control, Brogan Pest Control, Vero Beach, Florida 5) Nathalie, 34 years of age, Office Manager, Tampa, Florida 6) Gary, 26 years of age, sales person, Conway, Arkansan 7) Karen, 24 years of age, Flight Attendant, American Airlines. Grand Children: Joseph, Megan, Thomas, Alexander, Suzanne, Sean, Christopher, Amanda, Keiran Note: More detailed information will be supplied upon request. William J. Schulke 9622 Trade Center Drive Sebastian, Florida 32958 October 4, 1999 Mayor Chuck Neuberger Council Members City of Sebastian Main Street Sebastian, Florida Re: Vacancy City Council Dear Sirs, As a registered voter and resident in the City of Sebastian, I would like to offer the following for your consideration regarding the vacancy on the City Council. It is a wonderful tribute to the late mayor to appoint her husband to fill the vacancy on the Sebastian City Council and I feel sure he would do a fantastic job; however, I think it is too soon after her passing for him to be asked to assume so much responsibility. I do not think you should appoint someone who has run for office and has lost. That would be going against the voters wishes. The voters made a stand at the last election. They want change. I am in favor of looking for a new face to keep things going and not to dwell on the past. That is an obvious conclusion of what Sebastian voters want from the results of the last election. Three first time candidates were elected. The Council has been doing a great job since March. I am very saddened at the passing of Mrs. Wininger and the Council will miss her expertise; but I do believe the four councilmen can and will appoint a fresh new qualified person who will be impartial and act in the best interests of the entire community. 7 cm utL i-i 7.0 4T• Z7 CD -El 1p Im 1 2; 115 04 1-4 7 cm utL i-i 7.0 4T• Z7 CD