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Home My WebLink About05-19-2020 CC SP MinutesOn n HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL SPECIAL MEETING HELD MAY 14, 2020 CONTINUED MAY 19, 2020 - 6:00 PM* MINUTES CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Dodd called the continuation meeting to order at 6:00 p.m. 2. A moment of silence was held. 3. The Pledge of Allegiance was recited. 4. The Civility Pledge was read. 5. ROLL CALL Mayor Ed Dodd Vice Mayor Charles Mauti Council Member Damien Gilliams Council Member Jim Hill Council Member Pamela Parris Also Present: City Manager Paul Carlisle City Attorney Manny Anon, Jr. City Clerk Jeanette Williams 20.0546. RESOLUTION NO. R-20-06 - RELATING TO EMERGENCY MANAGEMENT, COVID-19 - LOCAL GOVERNMENT PUBLIC MEETINGS, QUORUM, PROCEDURES AND OTHER MATTERS (Transmittal, R-20-06) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RELATING TO EMERGENCY MANAGEMENT, COVID-19 - LOCAL GOVERNMENT PUBLIC MEETINGS QUORUM, PROCEDURES AND OTHER MATTERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS' AND PROVIDING FOR AN EFFECTIVE DATE 7. AGENDA MODIFICATIONS Modifications for additions require unanimous vote of City Council members 8. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Brief Announcements 5125r20 - Memorial Day Observance in Riverview Park — Cancelled 9. PUBLIC INPUT 10. CONSENT AGENDA A. Approval of Minutes - February 12, 2020 Workshop & Regular City Council Meeting B. Approval of Minutes - February 26, 2020 Regular City Council Meeting Special City Council Meeting May 19, 2020 Page Two C. Approval of Minutes — March 18, 2020 Regular City Council Meeting 20.046 D. Resolution No. R-20-03 Abandonment of Rear Easements — Sebastian Highlands Unit 4, Lot 1, Block 121 (Transmittal, R-20-03, Site Map, Staff Report, Utility Approvals, Application) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 1 AND 2, BLOCK 121, SEBASTIAN HIGHLANDS UNIT 4; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR EFFECTIVE DATE. 20.058 E. Resolution No. R-20-05 —Adopting the Revised Indian River County Unified Local Mitigation Strategy of 2020 (Transmittal, R-20-05) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING THE REVISED INDIAN RIVER COUNTY UNIFIED LOCAL MITIGATION STRATEGY OF 2020; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY; SCRIVENER'S ERRORS; AND AN EFFECTIVE DATE. 20.059 F. Authorize the Application Process for the 2019 Edward Byrne Memorial Justice Assistance Grant (JAG) Countywide State Solicitation in the amount of $11,458.00 and Authorize the Mayor to Sign the 51% Letter for Submission to the County Commission and Approve the Expenditure Upon Grant Award (Transmittal, Notice, Information, Letter) 20.060 G. Approve Emergency Expenditure for Replacement of Asphalt Road Due to 3`" Party Sub -Contractor's Negligence (Transmittal, Settlement, Quote) 20.067 H. Approved a Construction Agreement with Indian River Docks, LLC for an ADA Accessible Dock at the Yacht Club in the Amount of $27,820 (Transmittal, Quotes, Plans) 20.063 I. Approve the Resurfacing of the Clay Tennis Courts at Friendship Park by Welch Tennis Courts, Inc. in the Amount of $23,300 (Transmittal, Quotes) 11. COMMITTEE REPORTS & APPOINTMENTS 12. PUBLIC HEARINGS - None 13. UNFINISHED BUSINESS 14. NEW BUSINESS A. As Ordered by Judae Croom - Case No. 312020CA000275 (Order) 20.054 1. Whether or not the City Council chooses to keep or terminate the state of emergency issued by the Mayor (Transmittal, Sebastian's Declaration, Code 2-37, F.S.166.041, E020-112, E020-52) Special City Council Meeting May 19, 2020 Page Three 20.054 ii. Any orders issued by the City Manager from the date of the issuance of the declaration of the local stale of emergency, and until, shall be submitted to the City Council for review action by the City Council in accordance with Section 2-37(2)c of the Municipal Code. Items Approved by the City Manaaer in Accordance with the Citv of Sebastian Declaration of Local State of Emerciencv: 20.045 Fiscal Year 2019 CRA Annual Report in Accordance with F.S.163.371 (Transmittal to County, Transmittal, Report) 20.038 Concrete Construction Service Agreement with Tim Rose Contracting, Inc. for the New Pavement Culvert Replacement/Swale Regrading Capital Project — Not to Exceed $40,000 (Transmittal, Minutes Excerpt, Price Sheet) 20.053 Emergency Purchase and Installation of (1) HVAC System for the M.I.S. Division's Server Room from Arnold Air Conditioning in the Amount of $27,160.00 (Transmittal, Quotes, Proposal) 20.061 Microsoft Enterprise Agreement to Connect to Office 365 and One Drive (Transmttal, Agreements) 20.047 The Distribution of Sebastian Police Department Forfeiture Funds to the Substance Awareness Center in Accordance with FS 932.7055 (Letter, Transmittal, F.S.932.7055, Letters) 20.068 Rent Deferral for Cruiser Aircraft, Inc. at the Sebastian Municipal Airport for the Months of April and May, 2020 (Transmittal, Agreement, Letter) 20.069 Indian River County Water and Sewer Connection Fees for the Sebastian Municipal Golf Course Club House, Restaurant, Cart Barn, Maintenance Building and Field Restrooms in the Amount of $29,547 (Transmittal, Invoice) 20.070 Acceptance of a $30,000 FAA CARES Act Grant for the Sebastian Municipal Airport for Any Related Business, to Include Salaries (Transmittal, Grant, History) 20.071 Continuation of Employee Insurance Broker Services with the Gehring Group for One Additional Year (Transmittal, Letter) 20.031 Continuation of Financial Auditing Services with Rehmann Robson for One Additional Year (Transmittal, Letter) CONTINUE HERE: 20.072 iii. The Citv Council shall determine facts necessary as to whether there was a proper special meeting reauest by Mr. Gilliams and whether it was improperly denied as a proper request for a special meeting and an it?,qe ial would constitute a violation of Article ll. Section 2.12 of the Charter. (Transmittal. E-mails. Sec. 2.12, EO20-52) Special City Council Meeting May 19, 2020 Page Four Mayor Dodd started the meeting with the replay of Council Member Gilliams' Motion: The City Council shall determine the fads necessary as to whether there was a proper special meeting requested by Mr. Gilliams - yes - and whether it was improperly denied — yes - as a proper request for a special meeting and an improper denial would constitute a violation of Article ll, Section 2.12 of the Charter. It was seconded by Council Member Parris. Mayor Dodd summarized there was a special meeting request and it was improperly denied Council Member Gilliams read a prepared statement titled, "Judge Croom's Equation." (See attached) He said his goal was that the duly elected officials follow the Charter. Vice Mayor Mauti said he has listened to the comments and believed the City Council meeting that Council Member Gilliams held was legal since three Council Members could call a meeting and the City Manager could cancel a meeting -24 hours before the meeting Is to begin. When he went to City Hall he was told the meeting was postponed (delayed) so he was expecting others to arrive. The actions prior to the March 18 meeting had relevance because the City Manager had the power to cancel the meeting but Mayor Dodd did not bring the Declaration of Emergency to City Council. For these reasons, Council Member Gilliams' call for the meeting was correct but he was conflicted to take action on any decision to terminate any Charter member without valid facts, action and cause. He also said the Latin phrase ab initio does not mean illegal. Mayor Dodd asked if he had any comments regarding the meeting requested by Council Member Gilliams. Vice Mayor Mauti responded that they should do the fact finding and come to a conclusion. He was prepared to vote on the matter. Mayor Dodd said the first item of Judge Croom's May 12 order stated the Mayor can declare a state of emergency in times of public emergency; therefore, the Mayor's act in this regard does follow the law. He said there was no requirement to bring back the Declaration to Council and when he brought it up at the March 18 meeting he thought everyone heard what he was saying and understood what he signed; there were no complaints. He also stated the Judge's order also finds the City Manager is the emergency management authority for the City under that order and had the authority to cancel the April 22 meeting. He noted meetings are now being held, honoring the Governor's order. He said he approached City Hall the evening of April 22 because he wondered if anyone came for the cancelled meeting. He was approached by some people who told him that two Council Members were inside waiting for Pamela Parris. He informed Council Member Gilliams and Mauti that the meeting was cancelled to which Council Member Gilliams said it was not cancelled, he was having his own meeting so he left to call the police. Mayor Dodd said Council Members Mauti, Gilliams and Parris were in violation of the Charter, Sunshine Law, and the Open Meeting Act to which there was no way to fix those violations. He noted there may have been poor communication but no violations took place. The matter before them had nothing to do with the April 22 meeting. Council Member Hill asked to speak. Council Member Gilliams called for a point of order because Council Member Hill began the discussion. Mayor Dodd authorized Council Member Hill to continue. Special City Council Meeting May 19, 2020 Page Five Council Member Hill said the only relevance of the April 22 meeting was that the Charter Officers were essentially fired at that meeting; there was a lot of discussion at the March 18 meeting regarding the Emergency Declaration to include discussion about the possibility of cancelling the April 22 meeting; but the only valid request by Council Member Gilliams to have a meeting was on April 23 but the officers were in a flux trying to figure out what to do. The next request was honored so he did not believe a valid request from Council Member Gilliams was denied and there was no Charter violation. Mayor Dodd noted the motion included that Council Member Gilliams requested a meeting request and it was denied. Roll call: Council Member Gilliams - aye Council Member Hill - nay Council Member Parris - aye Mayor Dodd -nay Vice Mayor Mauti - nay Motion failed. 3-2 MOTION by Council Member Hill and SECOND by Mayor Dodd that Council Member Gilliams requested a special meeting (after the order of the Judge) that was granted. He noted that meeting was going to be held Monday, May 18 but in accordance with Council Member Gilliams' request was held Thursday, May 14. Council Member Parris noted she was requested a special meeting but was told staff was waiting for the Judge's written order. Council Member Gilliams said he felt the Council was putting themselves in jeopardy in the future for when they call for a special meeting. He said Council could look forward to an appeal. Roll call: Council Member Hill - aye Council Member Parris - aye Mayor Dodd - aye Vice Mayor Mauti - aye Council Member Gilliams - nay Motion carried. 4-1 20.054 iv. The Citv Council may enact an emercencv ordinanc s1 under the provisions of Article II. Section 2.13 of the Charter (Transmittal. Sec. 2.13) Mayor Dodd said Judge Croom asked Council if there were any other emergency ordinances that they might want to address. Council Member Gilliams said he would like to address this provision at a future meeting but no members had any emergencies to discuss. Mayor Dodd announced this item was closed. 15. CITY ATTORNEY MATTERS The City Attorney asked that the prepared statements given by the Council Members be provided to the Clerk for the record as well as the played videos from the March 18 Council meeting and April 22 meeting. (See attached) Special City Council Meeting May 19, 2020 Page Six He stated he would provide his opinion on whether the Golf Course should be open or not for the record noting his opinion did not include the pickleball courts. He stated the use of subsection G in the Emergency Declaration was not nefariously done as the language and terms have been used since 2016. He also stated he did prepare an opinion regarding the closure of the March 18; and he did provide a written response to Mr. Scozzari's attorney on March 23. He also noted ab initio means invalid from the outset; and he cited Judge Croom's order related to the April 22 meeting which is also mentioned in the transcript of her May 4 hearing. 16. CITY MANAGER MATTERS The City Manager announced there would not be the traditional celebration for Memorial Day on Monday but he asked everyone to take a moment to remember those who have sacrificed all for our freedom. He asked Council to consider moving the July 0 fireworks to Labor Day since the Governor's Order restricts gathering. It was the consensus of Council to move the fireworks to the Labor Day weekend. The City Manager stated if the virus spiked they could consider cancelling the show in September. Because June 1s' is the start of Hurricane Season, he asked everyone to have their hurricane plans in place and think about what they are going to do should there be an approaching storm. 17. CITY CLERK MATTERS - None 18. CITY COUNCIL MATTERS Mayor Dodd said there is voting under Council matters but not on items; the reason is there can be no public input on Council items. The voting that takes place is for Council to come to a consensus to move an item to next agenda. He said Resolution R-20-02 Section (a) (1) specifically stales there is no public input under these items. A. Council Member Hill Council Member Hill said he has received a public information request for the agenda, minutes, and any communications as to how the April 22 meeting was held. He thanked Mayor Dodd for the outstanding job he has been doing ushering Council through one of the longest meeting periods with the shortest agenda. He asked the City Manager, City Attorney and City Clerk to stay strong noting they have done a heck of a job these past few months. He said he appreciated all of the a -mails that he has received; because of the citizenry it makes his job worth it. Special City Council Meeting May 19, 2020 Page Seven B. Council Member Parris Council Member Parris said she didn't know why they wouldn't continue on section G, the virus is like no other emergency they have ever had. She said she was here because the people put her here and she won't apologize for asking questions and was aware how it feels to be intimidated. Holdina Council Worksho s She requested holding Touncil workshops between the City Council meetings to brainstorm and communicate with each other on all of the agenda items. Council Member Hill stated that would make sense for a specific item. Vice Mayor Mauti said it would be a good idea. Mayor Dodd said he was not opposed to placing this on the agenda but it was his fourth year on Council and he hasn't encountered any problems with discussing issues. Political Action Committee Council Member Parris requested that a political advisory committee of highly intelligent people be formed to advise them on political matters. Mayor Dodd said he was against anything like that. Council Member Hill and Vice Mayor Mauti were also not in favor of this. Shannon Cook Warrior Salvoe The City Manager there wasn t a Warrior Salvage issue heard by Council last year but a change in the recycling ordinance that excluded auto salvage; Mr. Cook is disagreeing with that and to revisit that, the Comp Plan and ordinance would need to be changed; this would be a City recycling land use change to be addressed. Vice Mayor Mauti and Council Members Gilliams and Hill were open for discussion at a future meeting. Council Member Parris said she was looking forward to mediation on the legal issues. The City Attorney advised they should not be discussing pending litigation. C. Vice Mayor Maud - None 7:04 pm D. Council Member Gilliams (E-Mails, Draft Resolutions) i. Resolution to end the Mayor's Local Slate of Emergency — This was addressed at the May 14 Special Meeting. ii. Resolution to issue Local State of Emergency approved by Council - This was addressed at the May 14 Special Meeting. iii. Resolution to conduct Zoom meetings during COVID-19 State of Florida Emergency —This was addressed at the May 14 Special Meeting. iv. Resolution to follow decision of Rowe v. ON of Cocoa. 358 F.3d 800 (11" Cir. 2004) and limit public commentary durinc resolution discussions to City residents only. Non-residents may address the City, Council at public comment time end of agenda. Special City Council Meeting May 19, 2020 Page Eight Council Member Gilliams stated that he would like to hear from the citizens that live in the City and own businesses first under Public Input Council Member Hill, Vice Mayor Mauti and Mayor Dodd were opposed to stifling public comment on their mailers. Council Member Parris suggested opening the building an hour earlier to take care of the City's business. The majority of the Council Members were not in favor of placing limits on who would address them regarding agenda items. V. Resolution on aogrovink. denvino. cancellation of anv contracts entered by Citv Manaaer as of 3-17-2020 Council Member Gilliams said he would like to workshop the design build contract for the new Public Works Facility to be built at the airport. Mayor Dodd noted the contract that will be considered in the near future is to approve only the design so that something will be construction ready but at this time he wasn't sure if the City can afford to pull the trigger on the construction because financial staff haven't determined the financial impact of COVID-19 so they might need to make a decision as to whether they go or donR go with the project. He said he believed Council reviewed the RFP correctly in 2019. Council Member Hill said this is just the design phase without any idea of construction costs; this Council will have the ability to determine if they like the project --want to go forward --move the building or not. He noted there has been no trigger pulled to start construction. Council Member Gilliams said $460K to design the building is excessive; sales and fuel taxes are going to drop; he wasn't interested in pushing a $5-8M building. Vice Mayor Mauti said he was comfortable looking at the design contract when it comes before Council in the future. The majority of the members were not in favor of workshopping the RFP process that selected the contractor to design the new Public Works Facility. vi. Resolution to terminate the ON Attornev's contract without cause Council Member Gilliams withdrew this item for consideration vii. Resolution to appoint an interim Citv Attprnev Council Member Gilliams withdrew this item for consideration 7:18 pm Special City Council Meeting May 19, 2020 Page Nine Council Member Gilliams asked what was planned for the budget projections given the current COVID-19 impact. Mayor Dodd said staff has always, and will, continue to project the taxpayers money. Council Member Gilliams asked if there was a way to open up testing for non - symptomatic residents to see who the COVID-19 carriers are. The City Manager responded that testing was available and he has put the City on a list to receive kits when they are available. Council Member Gilliams asked for Council consensus to require everyone wear a mask in the chamber. Council Member Hill said he was not in favor of the requirement but if they were available, people could wear one. Mayor Dodd and Vice Mayor Mauti said they were comfortable because they were socially distanced. Council Member Gilliams asked that someone from the Chamber of Commerce give Council an update as to how they are doing with their recent change in leadership as well as what is being done for the small businesses. Council Member Parris and Vice Mayor Mauti agreed they would like to hear from the Chamber. Mayor Dodd and Council Member Hill said they wouldn't be opposed to inviting the Chamber at a future time but they did not want to set a date or time. The City Manager stated the Art Center and Senior Activity Center would reopen in phase 2 of the Govemor s Executive Order. Council Member Gilliams said the Community Center was reported to him as being despicable in regard to cleanliness. The City Manager said he would look into it. In regard to hurricane planning as to shelters, the City Manager said he has spoken to Indian River County Chief Stone who plans to open all shelters at one time (instead of phases) to provide social distancing. Council Member Gilliams displayed one of the County's Situation Report which is titled Official Use Only and asked why he couldn't share it with the community. The City Manager under the mutual aid agreement we have with the County, we are following their protocol. He noted much of the same information can be found in the community reports. Council Member Gilliams asked for consensus to have the City Manager look into sharing the report. The City Manager said he did ask Chief Stone who slated he would quit sending the report if it was distributed to the public. It was the consensus of Vice Mayor Mauti and Council Members Parris and Gilliams to have the City Manager ask again. E. Mayor Dodd apologized to the citizens of Sebastian for the 10 hour (continuation) meeting to discuss these items. He said the actions taken by himself, the City Special City Council Meeting May 19, 2020 Page Ten Manager, and City Clerk were taken to protect the City as a result of the meeting held on April 22. He wanted the residents to know our objective is to protect the staff and City in this process; he still stands ready to support the citizens of the City and staff in what has to take place. He noted this too shall end and there will be a time in the future that they might be able to slide back to a little bit of normalcy. Council Member Parris thanked the clerk for her assistance. 19. Being no further business, Mayor Dodd adjourned the Special City Council meeting at 7:43 p.m. Approved at the June 10, 2020 Regular City Council Meeting. r Mayor Ed Dodd ATTEST: anette Itlams, iry Gerk�� 10 The following 2 pages were submitted by Council Member Gilliams for the record at the May 19 Special City Council meeting. Judge Croom's Equation: Proper Request for Special Meeting + improper denial = Charter Breach Judge Croom felt as the judicial branch, it is up to the Legislative Branch (City Council) to find those facts. Charter at 2.12 is straight forward. If a public emergency exists anv council member or charter officer may call a special meeting... Fact 1: There was a public emergency. March 17, 2020, the Mayor's Local Declaration declared that. Fact 2: City Council Member called for a special meeting. Charter at 3.04(d) is also crystal clear, the City Manager shall see that ... Charter provisions... subject to enforcement by the city manager are faithfully executed. Fact 3: E-mail sent to City manager on April 19, 2020. Fact 4: E-mail sent to City Manager on April 22, 2020. Fact 5: E-mail sent to City Manager on April 24, 2020. Fact 6: City Manager acknowledged on April 22, 2020, the Charter allows D. Gilliams' request for special meeting. Fact 7: City Manager acknowledged he had to "them to them"?? Who is them? And If City Manager had all the control per Ordinance Sec. 2-37, then appears no faithful execution. Fact 8: City Manager on April 24 after 2 pm said he would take appropriate action, but he filed suit at 12:00 pm. Never asked the Court for guidance. Fact 9: Court had to rule to force this meeting. That's not faithful execution. Fact 10: The lawsuit by Mayor, City Manager and City Attorney states the Mayor cancelled the regular meeting of April 22, 2020, not the City Manager. So again, no faithful execution of the Charter. Now let's talk about Mr. Hill's spin. Charter at 2.06(b), "The mayor shall sign all proclamations...Or other documents as required by law on behalf of the city as directed and authorized by the city council... A proclamation is a declaration. Black's Law Dictionary, Proclamation: "a formal declaration". Sec. 2-37 of the Code: "Public Emergencies" In accordance with Sec. 2.06(b), "so as directed and authorized by the city council" [No, all done by the Mayor and never voted on], AND CHAPTER 870.043 Florida Statutes. Uhmm, there is no Chapter 870.043, there is a Chapter 870 and a Section 870.043, so that's a typo! Its actually ambiguous. Worst, look at third line starting with "portion thereof'. After invoke the provisions of F.S. and these squiggly symbols, which means sections, its say 870 (DASH) 041, not a decimal point as in 870.047. Again, another typo. There are no typos in the Charter, but this subordinated Ordinance to the Charter is a mess. BUT, REGARDLESS of (1) being a typographical disaster, (2) states the City Manager is run the show at sub -paragraph (c). Then, look at (3) folks. Because it is impossible to meet at city hall council may meet upon the call or "ANY CITY COUNCILMEMBER". Typo there too as council member is slurred yet it is crystal clear, it does not matter about plague, locus, vermin, flood, or any other biblical event or nuclear war, riots, hurricanes, tsunamis, earth quakes, continuity of the people's representatives meeting is the sentinel event. So, whether it was the Mayor that ordered Paul to not set the meeting or Paul even thinking that because of social distancing, public safety prevents a special meeting, it does not matter, that is an improper denial because Sec. 2-37, that Mr. Hill so relies upon clearly states at 3 that it was contemplated we meet. As argued in Court, its about checks and balances. As for Mr. Mauti and Ms. Parris, obviously if I did not file a suit on the heels of the Mayor's suit, we wouldn't even be meeting. That is the liberty bell ringing that the Executive Branch, meaning the City Manager/City Attorney and Mayor did not follow the Charter. 2.12 of th Charter trumps Sec. 2-37, which is an Ordinance. We can change an ordinance by 2 readings before Council. We can't change the Charter, that requires a referendum. Last comment, Mayor likes to tout that Judge Croom said his Declaration was lawful meaning she had not struck Ordinance 2-37. There is no appeal of that decision that the Mayor's unilateral declaration without getting Council to approve it because Mayor and City Manager opted to go forwarded with her Order and I could have cross -appealed that portion of the favorable decision but again, the point is the Judge said Council had a right to meet regardless of the Declaration and it was ripe! Okay, so the math is actually simple for this fact finding: Damien's e-mail(s) + Paul's comments and not setting a special meeting citing "until the Governor lifts all Orders" = Charter Breach. Anyone who votes that Paul's denial was not improper is playing politics and has failed to protect the Charter's mandate at 2.07, "ALL POWERS OF THE CITY SHALL BE VESTED IN THE CITY COUNCIL". The following 19 pages were submitted by the City Attorney for the record at the May 19 Special City Council meeting. Notes from yesterday in order to protect the record: 1. Pertaining to Item 14 (A) (III), I suggest any and all prepared statements and supporting documents be provided to the City Clerk for the complete record. Also, make reference to the March 18, 2020 link and that CM HIII referred specifically to 6:12:14 — 6:17:42; while CM Damien referred to the entire hearing. Yesterday it was stated that Section 2-37, COS Code of Ordinances which is IAW 2-06(b) City Charter (describing the Mayor's general duties) was ruled by Judge Croom as illegal. That was inaccurate and a total misrepresentation of Judge Croom's Order. I refer you to Page 119 of the Agenda first paragraph for exactly what Judge Croom stated in her May 12, 2020 Order. "The Code of City of Sebastian is plain and unambiguous and it is unaltered by the current affairs; (meaning the pandemic). It does allow the Mayor to declare a state of emergency in times of public emergency. (PERIODI) Therefore, the Mayors act in this regard does follow the law. (PERIOD!) What did you not hear? -It does not say it was illegal -did not say it did not follow the law -did not say it requires 3 votes from Council to approve -did not say it had to be IAW F.S. 870 or we had to wait for rioting in the streets to declare an Emergency 3. Yesterday it was stated that the golf courses were opened illegally which is not true (I was never asked to research the Pickle Ball Courts). Nonetheless, on April 8, 2020, 1 emailed Council my response to CW Parris' concern about the golf courses remaining open. -READ (I will give this to the City Clerk to be part of the record) 4. Yesterday it was stated that in the COS Declaration of Local State of Emergency Section (G) which authorizes the "cancellation or rescheduling of City meetings" was somehow nefariously added. Further it was noted by Retired Chief Michele Morris that since the last time Section 2- 37, COS Code of Ordinances was amended (2015), similar language to subsection (g) "authorizing the CM to cancel or reschedule city meetings" has been used 3 X (2016/Hurricane Matthew; 2017/Hurricane Irma; and 2019 Hurricane Dorian). (I will give this to the City Clerk to be part of the record) 5. Yesterday it was stated that the March 18, 2020 meeting gaveling of the meeting close was illegal. On March 23, 2020, 1 emailed Council my response to CM Gilliams where I addressed several matters but relevant here today were my comments on #1 and #2. -READ #1 and #2 (1 will give this to the City Clerk to be part of the record) 6. Last thing I want to mention is the term "Void ad initio" is Latin for to be treated as "invalid from the outset". This is exactly what Judge Croom's April 28, 2020 Order stated "that the actions of defendants taken at the subject April 22, 2020 meeting are void ab initio...." (Copy of the order). Judge Croom stated on May 4, 2020, that the parties agreed that "the meeting was void and against the law". See May 4, 2020 Hearing @10:16:00 Manny Anon From: Manny Anon Sent: Wednesday, April 8, 2020 10:24 AM To: Pamela Parris Cc: Jim Hill; Charles Mauti; Ed Dodd; Damien Gilliams; Paul Carlisle Subject: RE: Executive Orders 20-91 & 20-92 Attachments: Gov DeSantis EO 20-91 Essential Services.pdf ***** Please do not "Reply All" Thank you******* CW Parris: Ma'am, there is nothing illegal with the golf course remaining open as long as the public facility is complying with EO 20-91 and is maintaining proper social distancing; thus, there is no legal action to lake. Further the decision to have the golf course open or closed is an operational one made by the City Manager; it is not legislative. Finally, assuming there was a legal issue, I would have to take my instructions from the City Council, as does the City Manager and City Clerk. However, I want to clarify my legal position with you and with Council since I am planning on sharing this with all. Currently, a simple google search revealed that many golf courses remain open throughout the State of Florida even during the pandemic. IAW Governor DeSantis Executive Order 20-91 Section 1 (B), "all persons in Florida shall limit their movements and personal interactions outside of their home to only those necessary to obtain or provide essential services or conduct essential activities." Next, the EO section refers to a list of exempted businesses and workers providing "essential services" and "essential activities" in various sources, including Department of Homeland Security Guidance on Critical Workforce, a previous Gov. DeSantis Executive Order and a Miami -Dade Emergency Order. Golf Courses were not listed among those businesses as essential. However, in Section 3 (A) (ii), the EO states "participating in recreational activities (consistent with social distancing guidelines) such as walking, biking, hiking, fishing, hunting, running, or swimming." Now even though golf was not listed there either, this list is not an all-inclusive list. In fact, the Governor's Office has confirmed that Golf is considered an essential activity as long m proper social distancing is maintained, i.e., one golfer per cart, noodles in the holes so your ball does not go all the way in, social distancing, limit of three (3) people in the pro shop at all times, etc. Finally, I have spoken with both the City Manager and Mr. Greg Gardner, PGA Director of Golf and they assured me that the city is doing everything within its power in preventing the spread of COVID 19 and properly maintaining social distancing. I hope this addresses your concerns about the golf course. Respectfully MANNY ANON, JR., ESQ CITY ATTORNEY CITY OF SEBASTIAN 1225 MAIN STREET SEBASTIAN, FL. 32958 772-368-8201(OFFICE) 772-3$8-4420 (FAY.) ancF SEBASTtAN HOME OF PELICAN ISLAND Pkio:,i . . r,; oad Public Records Law. Unless specifically exempt by state law, written Collunlf1,1l:Fmw;<, m are „mcrrL or staff regarding official city business are public records available to the public and media upon request. If your email communication is related to official government business. it may therefore be subject to public disclosure. From: Pamela Parris Sent: Monday, April 6, 2020 9:22 AM To: Manny Anon Subject: RE: Executive Orders 20-91 & 20-92 I have addressed this to the city manager. Apparently, the views here are contrary to the general public. I am inundated with calls and requests from concerned citizens to CLOSE the golf courses. Please take legal action. From: Manny Anon Sent: Saturday, April 04, 2020 5:08 PM To: Pamela Parris Subject: RE: Executive Orders 20-91 & 20-92 CM Parris I will forward your concerns to the City Manager. From: Pamela Parris Sent: Friday, April 3, 2020 6:47 PM To: Manny Anon Subject: Re: Executive Orders 20-91 & 20-92 Golf courses are a " public space" and many citizens are contacting me with concerns They should be closed On: 02 April 2020 14:14, "Manny Anon" <ManonCulcitvol'sebastian..ore> wrote: ***** Please do not Reply All Thank you******* FYI From: Florida League of Cities Legal Department [mailto:ldove@flcities.com] Sent: Thursday, April 2, 2020 12:17 PM To: Manny Anon Subject: Executive Orders 20-91 & 20-92 CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Memorandum TO: Municipal Attorneys & Key Officials FROM: Kraig Conn, General Counsel Rebecca O'Hara. Deputy General Counsel SUBJ: Executive Orders 20-91 & 20-92 DATE: April 2, 2020 On April 1, 2020, the Governorissued Executive Order 20-91 (Essential Services and Activities During COVID-19 Emergency) and Executive Order 20-92 (Amending Executive Order 20-91). EO 20-91 provides the following: • Directs -senior citizens" and individuals with significant underlying medical conditions to stay at home and take all measures to limit the risk of exposure to COVID-19; • Directs all persons in Florida to limit their movements and personal interactions outside their home to only those necessary to obtain or provide essential services or conduct essential activities; • Defines 'essential services' by reference to attached documentation (U.S. Department of Homeland Security Guidance on Essential Critical Infrastructure Workforce and businesses and activities designated by EO 20-89 and its attachment (Miami -Dade orders)) and other essential services that may be added by state officers. It notes the Stale Coordinating Officer shall maintain an online list of essential services, along with any approved additions (www-Ilondadisasfcr ory); • Encourages individuals to work from home; • Encourages businesses and organizations to provide delivery, carryout, or curbside services; • Recognizes specified activities as essential (attending religious services; specified recreational activities; pet care; caring for loved one or friend) and provides the State Coordinating Officer shall maintain an online list of essential activities: • States that a social gathering in a "public space' is not an essential activity, and provides'local jurisdictions shall ensure that groups of people greater than ten are not permitted to congregate in any public space; • Provides that EO 20-91 does not supersede any Executive Order related to COVID-19, • Provides for an effective date or April 3 at 12:01 AM and an expiration of Apnl 30 unless extended Section 4 of EO 20-91 addresses Local Orders in Response to COVID-19. However, this Section was subsequently amended by EO 20-92. As amended, Section 4 now stales: • "This Order shall supersede any conflicting official action or order issued by local officials in response to COVID-19." Please review both Executive Orders (with referenced attachments) carefully and ensure any local order that may have been issued by your municipality is not in conflict with EO 20-91. as amended by EO 20- 92. Florida League of Cities 1 301 S. Bronough Street, Suite 300, Tallahassee, FL 32301 _U 0subscribe inonneiNofsebastian :ory .Ugd-atiz-F%f.1e I MoLiLOConstant Contact Sent by Idove@flcltles.com M, SEBAST" HOME OF PELICAN ISLAND CITY OF SEBASTIAN DECLARATION OF LOCAL STATE OF EMERGENCY Chapter 870.043 F.S. and the Code of the City of Sebastian, Section 2-37, gives authority to the Mayor to declare and enact a State of Local Emergency for a period of up to seven (7) days, hereby waiving the procedures and formalities otherwise required of municipalities by law, and; WHEREAS, Hurricane Dorian may require extraordinary and immediate actions by the City in order to protect the public health, safety, and welfare; THEREFORE, as Mayor of the City, I hereby declare a State of Local Emergency that will continue for seven (7) days unless cancelled before that period of time. The Local State of Emergency includes all of the City. Pursuant to this Declaration, further orders may be issued by the City Manager to protect the health, safety, and welfare of the community. The City Manager is hereby ordered to take whatever prudent actions are necessary to effectuate such orders and to otherwise protect the health, safety, and welfare of the co 'ty. Enacted: Signed: MAYOR Date: �Q/z� 9 Time: _ 7 po AA7 Cancelled: Signed: MAYO 9 Date: /c/� 7 Time: MIT SE.��ELASTAN HOME OF PELICAN ISLAND EMERGENCY ORDER OF THE CITY MANAGER Pursuant to the authority of section 2-37 of the Code of the City of Sebastian and the Declaration of Local State of Emergency attached here, I hereby order the following (see circle items): a) The recalling of City employees from vacation, canceling days off, and mobilizing all personnel required for disaster response; b) The suspension of normal leasing and bid procedures to procure space, structures or other items under their normal authority for disaster response; c) The procurement of supplies, equipment, and services without formal bidding procedures; d) Evacuation Order: A mandatory evacuation of appropriate area(s) of the City deemed to be in imminent danger from disaster; e) Curfew: in the period before, or during and immediately after an event, a general curfew applicable to the City as a whole or to geographical area(s) of the City; I) The commercial establishments located in areas of imminent or actual danger; g) The closure of any or all bars, taverns, liquor stores, and other business establishments where alcoholic beverages are predominantly sold or otherwise dispensed; provided that with respect to those business establishments which are not primarily devoted to the sales of alcoholic beverages, and in which such alcoholic beverages may be removed or made secure from seizure by the public, the portions thereof utilized for the sale of items other than alcoholic beverages may, at the discretion of the City Manager be allowed to remain open; h) The discontinuance of the sale, distribution or living away of alcoholic beverages in any or all parts of the City; i) The discontinuance of the sale, distribution or giving away of gasoline or other liquid flammable or combustible products in any container other than a gasoline tank properly attached to a gas powered vehicle; j) The closure of any or all establishments where fire arms and/or ammunition are sold or otherwise dispensed; provided that with respect to those business establishments which are not primarily devoted to the sale of firearms and/or ammunition, and in which such firearms or ammunition may be removed or made secure from possible seizure by the public, the portions thereof utilized for the sale of items other than fire arms and ammunition May, at the discretion of the City Manager be allowed to remain open; k) The closing to the public of public places including streets, alleys, public ways, parks amusement areas and public buildings; 1) The prevention of price gouging for any essential commodity, dwelling unit. or storage facility; m) The conservation of water supplies; and n) The cancellation or rescheduling of City meetings. Signed: CITY MANAGER Date:= ; Time: __2:E.i CM1a SEBASTtAN HOME OF PELICAN ISLAND CITY OF SEBASTIAN DECLARATION OF LOCAL STATE OF EMERGENCY Chapter 870.043 F.S. and the Code of the City of Sebastian, Section 2-37, gives authority to the Mayor to declare and enact a State of Local Emergency for a period of up to seven (7) days, hereby waiving the procedures and formalities otherwise required of municipalities by law, and; WHEREAS, Hurricane Irma may require extraordinary and immediate actions by the City in order to protect the public health, safety, and welfare; THEREFORE, as Mayor of the City, I hereby declare a State of Local Emergency that will continue for seven (7) days unless cancelled before that period of time. This Local State of Emergency includes all of the City. Pursuant to this Declaration, further orders may be issued by the City Manager to protect the health, safety, and welfare of the community. The City Manager is hereby ordered to take whatever prudent actions are necessary to effectuate such orders and to otherwise protect the health, safety, and welfare of the community. Enacted: Signed: MAYOR Dater%'.CFOV3Fi1 Cancelled: Signed: MAYOR Date: %/// 7 Time: 19: onOF SEB�T" HOME OF PELICAN ISLAND EMERGENCY ORDER OF THE CITY MANAGER Pursuant to the authority of Section 2-37 of the Code of the City of Sebastian and the Declaration of Local State of Emergency attached here, I hereby order the following (see circle items): a) The recalling of City employees from vacation, canceling days off, and mobilizing all personnel required for disaster response; b) The suspension of normal leasing and bid procedures to procure space, structures or other items under their normal authority for disaster response; c) The procurement of supplies, equipment, and services without formal bidding procedures; d) Evacuation Order: A mandatory evacuation of appropriate weas(s) of the City deemed to be in imminent danger from disaster, e) Curfew: In the period before, or during and immediately after an event, a general curfew applicable to the City as a whole or to geographical areas) of the City. f) The commercial establishments located in areas(s) of imminent or actual danger; g) The closure of any or all bars, taverns, liquor stores, and other business establishments where alcoholic beverages are predominantly sold or otherwise dispensed; provided that with respect to those business establishments which are not primarily devoted to the sales of alcoholic beverages, and in which such alcoholic beverages may be removed or made secure from seizure by the public, the portions thereof utilized for the sale of items other than alcoholic beverages may, at the discretion of the City Manager be allowed to remain open; h) The discontinuance of the sale, distribution or giving away of alcoholic beverages in any or all part of the City. i) The discontinuance of the sale, distribution or giving away of gasoline or other liquid flammable or combustible products in any container other than a gasoline tank properly attached to a gas powered vehicle; j) The closure of any or all establishments where fire arms and/or ammunition are sold or otherwise dispensed; provided that with respect to those business establishments which are not primarily devoted to the sale of firearms and/or ammunition, and in which such firearms or ammunition may be removed or made secure from possible seizure by the public, the portions thereof utilized for the sale of items other than firearms and ammunition may, at the discretion of the May, be allowed to remain open. k) The closing to the public of public places including streets, alleys, public ways, parks amusement areas and public buildings; 1) The preventions of price gouging for any essential commodity, dwelling unit, or storage facility; m) The conservation of water supplies; and n) The cancellation or rescheduling of City meetings. Signed: City Manager Date: 'i :fix% Zc / 14- Time: an 1� SERASTL4% HOME OF PELICAN ISLAND CITY OF SEBASTIAN DECLARATION OF LOCAL STATE OF EMERGENCY Chapter 870.043 F.S. and the Code of the City of Sebastian, Section 3-37, gives authority to the Mayor to declare and enact a State of Local Emergency for a period of up to seven (7) days, hereby waiving the procedures and formalities otherwise required of municipalities by law, and; WHEREAS, Hurricane Matthew may require extraordinary and immediate actions by the City in order to protect the public health, safety, and welfare; THEREFORE, as Mayor of the City, I hereby declare a State of Local Emergency that will continue for seven (7) days unless cancelled before that period of time. This Local Slate of Emergency includes all of the City. Pursuant to this Declaration, further orders may be issued by the City Manager to protect the health, safety, and welfare of the community. The City Manager is hereby ordered to take whatever prudent actions are necessary to effectuate such orders and to otherwise protect the health, safety, and welfare of the community. Enacted: /-�i1 7` / / Signed: / r' / / -'�/ .i-_ V MAY / Date: �L7�y�/� time! =J /',�; n ^ Signed: ig MAYOR i Dater AV" J %//. time: % 7' my SE13ASTIAN HOME OF PELICAN ISLAND EMERGENCY ORDER OF THE CITY MANAGER Pursuant to the authority of Section 2-37 of the Code of the City of Sebastian and the Declaration of Local State of Emergency attached here, I hereby order the following (see circle items): a) The recalling of City employees from vacation, canceling days off, and mobilizing all personnel required for disaster response; b) The suspension of normal leasing and bid procedures to procure space, structures or other items under their normal authority for disaster response; c) The procurement of supplies, equipment, and services without formal bidding procedures; d) Evacuation Order: A mandatory evacuation of appropriate areas(s) of the City deemed to be in imminent danger from disaster; e) Curfew: In the period before, or during and immediately after an event, a general curfew applicable to the City as a whole or to geographical area(s) of the City. t) The commercial establishments located in areas(s) of imminent or actual danger; g) The closure of any or all bars, taverns, liquor stores, and other business establishments where alcoholic beverages are predominantly sold or otherwise dispensed; provided that with respect to those business establishments which are not primarily devoted to the sales of alcoholic beverages, and in which such alcoholic beverages may be removed or made secure from seizure by the public, the portions thereof utilized for the sale oritems other than alcoholic beverages may, at the discretion of the City Manager be allowed to remain open; h) The discontinuance of the sale, distribution or giving away of alcoholic beverages in any or all part of the City. i) The discontinuance of the sale, distribution or giving away of gasoline or other liquid flammable or combustible products in any container other than a gasoline tank properly attached to a gas powered vehicle; j) The closure of any or all establishments where fire arms and/or ammunition are sold or otherwise dispensed; provided that with respect to those business establishments which are not primarily devoted to the sale of firearms and/or ammunition, and in which such firearms or ammunition may be removed or made secure from possible seizure by the public, the portions thereof utilized for the sale of items other than firearms and ammunition may, at the discretion of the May, be allowed to remain open. k) The closing to the public of public places including streets, alleys. public ways, parks amusement areas and public buildings; I) The prevention of price gouging for any essential commodity, dwelling unit, or storage facility; m) The conservation of water supplies; and n) The cancellation or rescheduling of City meetings. Signed: CITY MANAGERR-- /l Date: ` Ci Lr l / Time: S� : 0 Manny Anon From: Manny Anon Sent: Monday, March 23, 2020 8:53 PM To: Damien Gilliams Cc: Ed Dodd; Charles Mauti; Pamela Parris; Jim Hill; Paul Carlisle Subject: Questions posed by CM Gilliams Attachments: R-20-02_Rules Governing the Body.pdf; COS Ordinance Section 2_37 Public Emergency.pdf; Gov DeSantis EO_20-69.pdf; IRC SitRep March 23 2020_F000.pdf CM Gilliams: Sir 1 appreciate your questions you posed to me last Thursday. As I promised you, the following are answers to your questions: I. Whether or not Mayor Dodd gaveling of the meeting closed was legal? Answer: The gaveling of the meeting closed by the Mayor was legal, but not consistent with the procedural rules that were previously adopted by the Council. In accordance with (IAW) Resolution R20-02, Section 1 (attached), it states "the City Council will follow the current edition of Roger's Rules of Order Newly Revised as a general guideline in the conduct of all meetings and workshops." Further it states "failure to follow said rules shall not affect the validity of any action taken." (Emphasis added). 2. Whether the Mayor's Declaration of the Local State of Emergency was legal? Answer: Yes, it was legal for the Mayor to declare the Local State of Emergency. IAW Section 2-37 of the City of Sebastian Code of Ordinances (attached), "the mayor may in times of public emergency, or imminent threat thereof, declare a state of emergencv within the boundaries of the city..." (Emphasis added). The ordinance goes on to read that "the city council may terminate a state of emergency at any time." 3. Whether or not it is permissible to conduct Virtual Public Meeting? Answer: Yes, IAW Executive Order (ED) 20-69 (attached) it is permissible. This EO suspends the requirement of a physical presence to establish a. quorum of a local government body. Also, media technology, such as telephonic and video conferencing, may be used as provided by Section 120.54(5)(b)2. However, I am still researching Chapter 252 and 120 as it pertains to the adoption of any emergency rules and procedures for Council's approval. More to follow. 4. Finally, 1 attached the Indian River County Emergency Operations Center Situation Report (SitRep) #03-10. Please be advised that this is "For Official Use Only" and should not be shared with the public. This is for Council's situational awareness only. On it you will find the latest number of Coronavirus cases in IRC and if you scroll down to page two, you will find a link to all of the Executive Orders issued to date. The majority of the SitRep is broken down into ESF (Emergency Support Functions). They are mechanisms for grouping vital support functions most frequently used during an emergency when providing Federal support to States under the Stafford Act and for non -Stafford Act incidents. For more detail of the individual ESFs see httos://www.fema.eov/media- Iibrarv/assets/documents/25512. Nothing further. Respectfully, MANNY ANON, JR., ESQ CITY ATTORNEY CITY OF SEBASTIAN 1 225 MAIN STREET SEBASTIAN, FL. 32958 772-388-8201 (01-FICE) 772-388-4420 (FAX) SETi�1 HOME OF PELICAN ISLAND Please Note. Florida has a very broad Public Records Law. Unless specifically exempt by state law, written communications to city officials or staff regarding official city business are public records available to the public and media upon request. /f your email communication is related to official government business, it may therefore be subject to public disclosure. Filing # 106807369 E-Filed 04/28/2020 04:01:01 PM IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR INDIAN RIVER COUNTY. FLORIDA ED DODD, Individually and as Mayor of the CASE NO: 312020CA000269 City of Sebastian, Florida; JUDGE: JANET C. CROOM PAUL CARLISLE, Individually and as City Manager of the City of Sebastian, Florida; and MANNY ANON, JR., Individually and as City Attorney of the City of Sebastian, Florida; Plaintiff(s), vs. CHARLES M. MAUTI; DAMIEN H. GILLIAMS; and PAMELA PARRIS; Defendant(s). AGREED ORDER RE: PLAINTIFFS' REPUEST FOR INJUNCTIVE RELIEF AGAINST DEFENDANTS THIS CAUSE having come before the Court on April 27, 2020 by agreement of the parties, Plaintiff, Ed Dodd, Individually and as Mayor of the City of Sebastian, Florida, Paul Carlisle, Individually and as City Manager of the City of Sebastian, Florida, and Manny Anon, Jr., Individually and as City Attorney of the City of Sebastian, Florida, and the Defendants, Charles M. Mauti, Damien H. Gilliams, and Pamela Parris, and the Court having reviewed the file, considered the Request, and being otherwise fully advised in the promises, it is therefore: ORDERED AND ADJUDGED: 1. That the actions of Defendants taken at the subject April 22, 2020 meeting are void ab initio, and. status quo will be preserved pending the mediation. 2. The Parties will mediate all outstanding issues in this case and companion case in Case No. 2020 CA 275. on April 30, 2020 from 1:00 p.m. to 5:00 p.m. 3. The Parties shall not attempt to hold a meeting of the City Council prior to the conclusion of the April 30, 2020 mediation. DONE and ORDERED in Vero Beach, Indian River County, Florida, on this 28 day of April 2020. JANET C. CROO CUI JU GE Copies to: Jonathan Douglas Burkett, Esq., jbarkett@verolaw.com, mlee@vcmlaw.com C. Douglas Vitunac, Esq., dvitunacpleadings@vemlaw.com; dhaidary@verolaw.com Michael Jeffrey Kessler, Esq., michaelfreakinkessler@gmail.com, admin@kesslerlawfirm.com, swood@kesslerlawfirm.com Craig Marc Rappel, Esq., cmr@rappelhealthlaw.com Pamela Parris, pparris@cityofsebastian.org, pamelaparris516@gmail.com