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CITY CT
E BIAST
HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
SPECIAL MEETING
REVISED AGENDA
WEDNESDAY, JULY 1, 2020 5:00 PM
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
SPECIAL MEETING CALLED TO
REQUIRE VOLUNTARY COMPLIANCE OF WEARING FACE COVERINGS
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. SPECIAL MEETING ITEMS
(In accordance with R-20-02, public input is limited to the item on the agenda.)
A. Resolution No. R-20-08 — Reauirinq the Voluntary Compliance of Wearinq Face
Coverinqs When in Public (R-20-08)
AN EMERGENCY RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, TO REQUIRE VOLUNTARY COMPLIANCE OF WEARING FACE
COVERINGS WHEN IN PUBLIC, REQUIRING THAT ESTABLISHMENTS THAT CANNOT
MAINTAIN SOCIAL DISTANCING OF STAFF TO WEAR FACE COVERINGS:
PROVIDING FOR CONFLICTS, PROVIDING FOR SCRIVENER'S ERRORS AND
PROVIDING FOR AN EFFECTIVE DATE.
B. Resolution No. R-20-09 — Reauest Governor DeSantis' Intervention (R-20-09)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
REQUEST GOVERNOR RON DESANTIS TO INTERVENE AND REMOVE COUNCIL
MEMBER DAMIEN GILLIAMS AND COUNCIL MEMBER PAMELA PARRIS
IMMEDIATELY AS A RESULT OF COUNCIL MEMBER GILLIAMS ARREST ON JUNE 16,
2020 FOR THREE (3) COUNTS OF VIOLATION OF THE SUNSHINE LAW, F.S.
286.011(3) (A) AND ONE (1) COUNT OF PERJURY; COUNCIL MEMBER PARRIS WAS
ARRESTED ON JUNE 16, 2020 FOR ONE (1) COUNT OF VIOLATION OF THE
SUNSHINE LAW, F.S. 286.011 (3) (A) AND ONE (1) COUNT OF PERJURY; PURSUANT
TO ARTICLE IV, SECTION 7(A), OF THE STATE CONSTITUTION; PURSUANT TO
SECTION 112.51 (1) AND (2), FLORIDA STATUTE; AUTHORIZING CITY ATTORNEY TO
SEND THE GOVERNOR'S OFFICE A LETTER REQUESTING TO REMOVE TWO (2)
COUNCIL MEMBERS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE
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C. Motion to Require Temperature Check Upon Entry in City Council Chambers
(HR Memo)
D. Motion to Add Health Insurance for City Council Members (Opinion)
E. Motion to Re -Organize the City Council (Opinion)
F. Motion to Terminate the City Manager's Position without Cause
G. Motion to Have the City Attorney Redraft Ordinance (Code Section 2-37).
H. Motion to Publicly Rebuke Former Chief of Police for Violating the Emergency
Declaration of March 17, 2020)
5. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER
CONSIDERED AT THIS MEETING 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. (F.S.286.0905)
IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A
SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR
AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING.
1)
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PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R-20-02
Reqular Citv Council Meetings
Public input is ALLOWED under the headings:
✓ Consent Agenda
✓ Public Hearings
✓ Unfinished Business
✓ New Business
✓ Public input
Public input is NOT ALLOWED under the headinas:
✓ Proclamations, Awards, Brief Announcements (except for individuals giving or accepting
proclamations or awards);
✓ Committee Reports and Appointments (except for committee members giving reports and
applicants being interviewed for committee appointments);
✓ City Council Matters
✓ Charter Officer Matters
Council may, by majority vote, call upon an individual to provide input if desired.
Workshops and Special Meetings.
Public input is limited to the item on the agenda
Time Limit
Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City
Council may extend or terminate an individual's time by majority vote of Council members present.
Input Directed to Chair
Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of
the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of
a member of City Council or City staff. Individuals shall not address City Council after commencement of
City Council deliberation on an agenda item after public input has concluded, provided, however, the
Mayor and members of City Council may recall an individual to provide additional information or to answer
questions.
Certain Remarks Prohibited
Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted
and may result in expulsion from the meeting. The Chair shall make determinations on such remarks,
subject to the repeal provisions below.
Apoealinq Decisions of Chair
Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City
Council shall overrule any decision of the Chair.
Public Input Headinq on Aqenda
The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring
NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED
AGENDA. individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are
asked to provide copies of material for Council one week prior to the meeting if they intend to refer to
specific material. City Council will not debate an issue during Public Input but may by consensus direct a
Charter Officer in regard to the item if necessary or place a requested item on a future agenda.
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Ways To Do Public Input
As of May 14", 2020, all upcoming board and council meetings held by the City of Sebastian can be held by Virtual
Meetings. Some or all elected officials or board members may choose to participate through video conferencing and
members of the public will be provided with several options to participate in the meeting.
These meetings will be broadcasted live on Comcast Channel 25, ATT Channel 99, the City's website
(www.cityofsebastian.org/iive), Facebook(https:/1www.facebook,com/cityofsebastianllive), UStream
(https:/Ivideo.ibm.com/r,hannellchannel25), YouTube(https:l/www.youtube.com/sebastianfodda/live).
For members of the public to participate in these virtual meetings, they will have the following options:
To participate in Virtual Meetings (NOT INCLUDING ANY QUASI-JUDICIAL HEARINGS)
please use the following methods:
1. Maximum Densitv Car)acity as allowed by the Governor DeSantis Executive Order Number 20-52 & 20-112
Meetings will be conducted in accordance with the Governor DeSantis Executive Order Number 20-52/20-112. Thus,
members of the public that want to be heard will be able to do so. Because of social distancing guidelines, there are
only 26 seats available within the city council chambers. These seats will have ADA preference given to them.
Additionally, will be no available seating in the atrium (Lobby). There will seating will be available outside of the city
hall in the courtyard with a television and speakers. Please see a member of staff, when you arrive, if you are
planning on speaking or need anything relating to ADA at least 48 hours in advance.
All public speaking will be done inside the chambers using a special microphone setup that will allow public input
while making sure that there are no surfaces to be touched. In order to provide an orderly manner of input, we will be
giving out numbers. These numbers will be called in order so that we can allow people to queue (line-up) while
maintaining appropriate social distancing. There will be marks on the floor where someone can stand while waiting for
their turn.
At all times, members of the public must strictly adhere to the mandates of EO 20-83 and must keep the appropriate
social distancing of a minimum of six (6) feet at all times.
The City will NOT be providing any face coverings, please bring your own.
2. Zoom Webinar - Audio Participation Possible During The Meetina
Via the Zoom.us Application (must be installed on computer or phone)
When the agenda is published, the Zoom.us information should be included with it, as well as it being listed with the
agenda on the city's website.
This information will include a link will be provided for those who wish to view or participate in virtual meetings in a
timely manner. There will also be telephone numbers. You can dial any of the numbers provided with the zoom
information, and then entering the Webinar ID for the meeting when prompted.
The Webinar ID will be provided in a timely manner for upcoming virtual meetings.
GUC�i�l Iivl-l)KMAi 1 ok I HF.
JUKE 24, 2tl2tl - RF(J II A R CITY COUNC It M F.ETING
Please click the link below to join the webinar:
https:llus02web.zoom.us/j/86862705767
Or iPhone one -tap :
US:+13126266799„868627057674 or+19294362866„86862705767#
Or Telephone:
Dial(for higher quality, dial a number based on your current location):
US: +1 312 626 6799 or +1 929 436 2866 or +1 301 715 8592 or +1 346 248 7799 or +1 669 900 6833 or +1 253 215
8782
Webinar ID: 868 6270 5767
International numbers available: https:/IusO2web.zoom.uslulkl M5zgZSE
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Attendees may be allowed to speak, when called on, by raising their hands (via the app or by
pressing *9 while dialed in) and then waiting for permission to speak. More information can be
found on the City's Website at http:llwww.cityofsebastian.orglimageslZoomTipsRaiseHand-
1587151643835.pdf
More instructions may follow as needed.
If you are having issues with the online virtual meeting, please contact us at 772-388-8226 or email us
at costs@costv.cityofsebastian.com and we will attempt to assist you.
Please visit the website for detailed instructions on how to provide public comment using any of the previously
mentioned options.
4
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EMERGENCY RESOLUTION NO. R-20-08
AN EMERGENCY RESOLUTION OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, TO
REQUIRE VOLUNTARY COMPLIANCE OF WEARING
FACE COVERINGS WHEN IN PUBLIC, REQUIRING
THAT ESTABLISHMENTS THAT CANNOT MAINTAIN
SOCIAL DISTANCING OF STAFF TO WEAR FACE
COVERINGS; PROVIDING FOR CONFLICTS, PROVIDING
FOR SCRIVENER'S ERRORS AND PROVIDING FOR AN
EFFECTIVE DATE,
WHEREAS, on March 1, 2020, Governor Ron DeSantis, in his capacity as Governor of
the State of Florida, issued Executive Order 20-51, directing the declaration of a public health
emergency and establishing the State of Florida's response to COVID-19; and
WHEREAS, on March 1, 2020, the State Surgeon General declared a public health
emergency in the State of Florida; and
WHEREAS, on March 9, 2020, Governor Ron DeSantis, in his capacity as Governor of
the State of Florida, issued Executive Order Number 20-52, declaring that a state of emergency
exists in the State of Florida by reason of COVID-19; and
WHEREAS, on March 17, 2020, Indian River County declared a State of Emergency effective
8:00 a.m. in response to COVID-19; and
WHEREAS, on March 17, 2020, The City of Sebastian declared a Local State of
Emergency in response to COVID-19; and
WHEREAS, at this time, there is no vaccine for COVID-19 and it is easily transmitted
among people; and
WHEREAS, the CDC and Florida Department of Health continue to remind residents
that by wearing a face covering, the resident protects others from exposure as well as themselves;
and
WHEREAS, the Florida Medical Association President Dr. Ronald Giffler recently
issued a statement saying that "the Florida Medical Association, the state's largest physician
organization, encourages local officials to adopt regulations requiring individuals to wear face
coverings in public places" and applauded municipalities in Florida that have already adopted
mandatory mask use ordinances; and
WHEREAS, The City of Sebastian byes deems that durinp- the pandemic, it is a
reasonable regulation of an establishment to reouire its emplovees, while _—lividuals
serving the public to wear cloth face covering in order to wi44 significantly help reduce the spread
of COVID-19 and lessen the positive cases in Indian River County.; and
Page 1 of 4
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, as follows:
SECTION 1.
1. All persons working in restaurants, grocery stores, food service, salons, gyms,
any retail establishments, or businesses open to the public or any other indoor
facility visited by the public where social distancing is not possible within the
City of Sebastian shall wear face coverings.
2. All persons entering an indoor City facility including, but not limited to; the
City Hall, libraries, museums, art center, historic school house, civic center,
Police Department, fire rescue stations, etc. where social distancing is not
possible shall wear face coverings.
3. All persons utilizing public transit and transportation in Indian River County
shall wear face coverings.
4. All other persons physically present in any public place in the City of
Sebastian are strongly encouraged to wear face coverings.
5. A face covering includes any covering which snugly covers the nose and
mouth, whether store bought or homemade, and which is secured in place.
Persons who wear masks should review the CDC and Florida Department of
Health guidelines regarding properly and safely applying, removing, and
cleaning masks.
6. Medical and surgical masks, such as N95 masks or other similar medical
surgical masks, should be reserved for health care personnel, police, fire
fighters, emergency management and other first responders engaged in
life/safety activities.
7. EXCEPTIONS: A face covering shall not be required for the following
persons:
A. Persons under the age of two years;
B. Persons observing social distancing in accordance with CDC
guidelines;
C. Persons for whom a face covering would cause impairment due
to an existing health condition or disability;
D. Persons working in a business or profession who do not have
interactions with other persons;
E. Persons working in a business or profession who maintain
social distancing froze another person;
Page 2 of 4
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F. Persons working in a business or profession where use of a
face covering would prevent them from performing the duties of
the business or profession;
G. Persons exercising, while maintaining social distancing;
H. Persons eating or drinking;
I. Public safety, fire and other life safety and health care personnel,
as their personal protective equipment requirements will be
governed by their respective agencies; or
J. The requirement shall not apply when a person who is
hearing -impaired needs to see the mouth of someone wearing a
face covering in order to cominunicate.
THIS EMERGENCY RESOLUTION is intended as a measure to seek voluntary
compliance with the provisions contained herein and to educate and warn of the dangers of
noncompliance. However, in the event voluntary compliance is not achieved, then in that event
and as a last resort, a violation of this Emergency Order pursuant to Sections 252.47 and 252.50,
Florida Statutes may be prosecuted as a misdemeanor of the second degree punishable as
provided in Section 775.082 or 775.083, Florida Statutes.
THIS EMERGENCY RESOLUTION shall be in effect in the City of Sebastian,
immediately upon its adoption and will expire upon the expiration of the existing State of Local
Emergency, as same may be extended by subsequent order or declaration, unless terminated by
subsequent order of the City Council.
SECTION 2. All resolutions or parts of resolutions in conflict herewith are hereby
repealed.
SECTION 3. Sections of this Resolution may be renumbered or re -lettered and
corrections of typographical errors which do not affect the intent may be authorized by the City
Manager, or the City Manager's designee, without need of further action of City Council by
filing a corrected copy of same with City Clerk.
The foregoing Resolution was moved for adoption by Councilmember
The motion was seconded by Councilmember and, upon being put to a
vote, the vote was as follows:
Mayor Ed Dodd
Vice -Mayor Charles Mauti
Council Member Jim Hill
Council Member Pamela Parris
Council Member Damian Gilliams
The Mayor there upon declared this Resolution duly passed and adopted this 1 st day of July,
2020.
Page 3 of 4
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ATTEST:
Jeanette Williams, MMC
City Clerk
CITY OF SEBASTIAN, FLORIDA
1-2
Mayor Ed Dodd
Approved as to form and legality for
reliance by the City of Sebastian only:
Manny Anon Jr., City Attorney
Page 4 of 4
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RESOLUTION R-20-08
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, REQUEST GOVERNOR RON DESANTIS TO INTERVENE AND REMOVE
COUNCIL MEMBER DAMIEN GILLIAMS AND COUNCIL MEMBER PAMELA
PARRIS IMMEDIATELY AS A RESULT OF COUNCIL MEMBER GILLIAMS
ARREST ON DUNE 16, 2020 FOR THREE (3) COUNTS OF VIOLATION OF THE
SUNSHINE LAW, F.S. 286.011(3) (A) AND ONE (1) COUNT OF PERJURY; COUNCIL
MEMBER PARRIS WAS ARRESTED ON JUNE 16, 2020 FOR ONE (1) COUNT OF
VIOLATION OF THE SUNSHINE LAW, F.S. 286.011 (3) (A) AND ONE (1) COUNT OF
PERJURY; PURSUANT TO ARTICLE IV, SECTION 7(A), OF THE STATE
CONSTITUTION; PURSUANT TO SECTION 112.51 (1) AND (2), FLORIDA STATUTE;
AUTHORIZING CITY ATTORNEY TO SEND THE GOVERNOR'S OFFICE A
LETTER REQUESTING TO REMOVE TWO (2) COUNCIL MEMBERS; PROVIDING
FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Council Member Damien Gilliams was arrested on June 16, 2020 for three
(3) counts of violation of the Sunshine Law, F.S. 286.011(3) (a) and one (1) count of perjury;
and
WHEREAS, Council Member Pamela Parris was arrested on June 16, 2020 for one (1)
count of violation of the Sunshine Law, F,S. 286.011(3) (a) and one (1) count of perjury; and
WHEREAS, Florida Statute Section 112.51 (1) state that "by executive order stating the
grounds for the suspension and filed with the Secretary of State, the Governor may suspend from
office any elected or appointed municipal official for malfeasance, misfeasance, neglect of duty,
habitual drunkenness, incompetence, or permanent inability to perform official duties;" and
WHEREAS, Florida Statute Section 112.51 (2) state that "whenever any elected or
appointed municipal official is arrested for a felony or for a misdemeanor related to the duties of
office or is indicted or informed against for the commission of a federal felony or misdemeanor
or state felony or misdemeanor, the Governor has the power to suspend such municipal official
from office;" and
WHEREAS, The Governor's authority in accordance with Article IV, section 7(a), of the
State Constitution, states that the Governor is authorized to suspend any state officer not subject
to impeachment or any county officer on any of the following grounds: malfeasance,
misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official
duties, or commission of a felony; and
WHEREAS, Council Member Damien Gilliams and Council Member Pamela Parris
actions which lead to their arrest on June 16, 2020 amount to malfeasance and incompetence,
and
WHEREAS, City of Sebastian City Council seeks Governor Ron DeSantis to intervene
and remove Council Member Damien Gilliams and Council Member Pamela Parris immediately
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RESOLUTION R-20-08
in accordance with Article IV, section 7(a), of the State Constitution and Section 112.51 (1) and
(2), Florida Statute, as a result of Council Member Gilliams arrest on June 16, 2020 for three (3)
counts of violation of the Sunshine Law, F.S. 286.011(3) (a) and one (1) count of perjury; and
Council Member Parris arrested on June 16, 2020 for one (1) counts of violation of the Sunshine
Law, F.S. 286.011(3) (a) and one (1) count of perjury which amount to malfeasance and
incompetence.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. Ratification of Recitals. The foregoing recitals are hereby ratified and
confirmed as true and correct and are hereby made a part of this Resolution.
Section 2. Authorization. The City Council hereby authorizes, approves, and ratifies that
the City Attorney send a letter to Governor Ron DeSantis to request that the Governor intervene
and remove Council Member Damien Gilliam and Council Member Pamela Parris immediately
IAW Article TV, section 7(a), of the State Constitution and Section 112.51 (1) and (2), F.S., as a
result of Council Member Gilliams arrest on June 16, 2020 for three (3) counts of violation of the
Sunshine Law, F.S. 286.011(3) (a) and one (1) count of perjury; and Council Member Parris
arrested on June 16, 2020 for one (1) count of violation of the Sunshine Law, F.S. 286.011(3) (a)
and one (1) count of perjury in accordance with Article IV, section 7(a), of the State Constitution
and Section 112.51 (1) and (2), Florida Statute which amount to malfeasance and incompetence.
Section 3. Conflict. If any resolutions, or parts of resolutions, are in conflict herewith,
this Resolution shall control to the extent of the conflicting provisions.
Section 4. Severability. The provisions of this Resolution are intended to be severable.
If any part of this Resolution is determined to be void or is declared illegal, invalid, or
unconstitutional by a Court of competent jurisdiction, the remainder of this Resolution shall
remain in full force and effect.
Section 5. Effective Date. This Resolution shall become effective immediately upon
adoption.
The foregoing Resolution was moved for adoption by Council Member
The motion was seconded by Council Member and, upon being put into a
vote, the vote was as follows:
Mayor Ed Dodd
Vice -Mayor Charles Mauti
Councilmember Jim Hill
Councilmember Pamela Parris
Councilmember Damien Gilliams
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RESOLUTION R-20-08
PASSED AND ADOPTED, Mayor thereupon declared this Resolution duly passed and
adopted by the City Council of the City of Sebastian, Florida, this I" day of July, 2020.
ATTEST:
Jeanette Williams, City Clerk
CITY COUNCIL
CITY OF SEBASTIAN
Ed Dodd, Mayor
APPROVED AS TO FORM:
Manny Anon, Jr., City Attorney
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Jeanette Williams
From: Damien Gilliams
Sent: Tuesday, June 30, 2020 11:10 AM
To: Jeanette Williams; Paul Carlisle
Subject: Fwd: Emailing Special Meeting Agenda Remarks.pdf
Attachments: Special Meeting Agenda Remarks.pdf
-------- Original Message --------
From: damio <damioacomcast.net>
Date: Tue, June 30, 2020 11:07 AM -0400
To: Damien Gilliams <DGilliams(a4,citvofsebastian.q >
Subject: Emailing Special Meeting Agenda Remarks.pdf
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments
or clicking links, especially from unknown senders.
Good morning please add this to the agenda for July 1 st emergency meeting call by the mayor.
Sent via the Samsung Galaxy S9, an AT&T 5G Evolution capable smartphone
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Special Meeting Agenda Remarks/Requests
Comment: I think its fantastic that Mayor Dodd is desiring a special meeting during Covid-19 Pandemic
to discuss Mask Ordinance.
I always wear a Mask on the Dias and interesting the Mayor said he couldn't hear me when speaking
through a mask. I am happy to see that he wants to lead by example. This vote, if to become an
Ordinance during the State of Emergency, which has not been cancelled by Council, requires 4 votes.
It's definitely a great day for Sebastian when the Mayor decides, rather than cancelling meetings, to
hold more meetings of the City Council. That was his error of the events of April 22.
Ever since, mass gatherings were permitted including use of the Park to encourage people to sign
petitions for recall. Those gathering violated Ordinance 74-7(a) and (b) where "special event" was held
at which the City Manager knew more than 300 person would attend all amongst Covid-19 social
distancing being violated by the participants. None of this was passed by City Council and all accepted by
City Manager and Parks/Recreation Permit simply because Former Chief of Police pulled favoritism.
So, the following items are also added to the Special Meeting Agenda per the Charter rights I have:
1. Motion to Require Temperature Check Upon Entry into City Council Chambers.
WHEREAS, the Covid-19 pandemic is once again sweeping through the County and State of Florida, and
to protect the health, safety and welfare of participants in public gatherings inside City Hall, all persons
entering the building must undergo a health screening for temperature check.
2. Motion to Add Health Insurance for City Council Members.
WHEREAS, the Covid-19 pandemic is once again sweeping through the County and State of Florida, and
to protect the publicly elected leadership of the City, all members of the City Council will be provided
health insurance until the US CDC issues a declaration that Coiv-19 pandemic has ended.
3. Motion to Re -Organize the City Council.
WHEREAS, under the Charter at Sec. 2.06 creates the Office of Mayor, and WHEREAS, Sec. 2.08 of the
Charter states that the Mayor maybe removed from office in any manner authorized bylaw; and
WHEREAS, the Constitution of the State of Florida t Article 8 permits the Council to operate under its
own procedures, I move that the Mayor be removed from Office. This removal is as Mayor and under
the law, Mr. Dodd has the absolute right, like myself, to remain on Council as a Council Member.
4. Motion to Terminate the City Manager's Position without Cause.
WHEREAS, the City Manager has a contract with the City and Whereas this contract can be terminated
without cause, I move that City Manager's contract be terminated for without cause.
5. Motion to Have City Attorney redraft Ordinance 2-37 and issue daft legislation for "Civil
Emergency" Chapter of the Code and City Attorney should carefully review City of Gulfport,
Florida's Chapter 8 to see that "one size emergency ordinance" does not fit all situations, as
there are "Police Emergencies" like the recent riots, "weather emergencies", "fire emergencies"
"utility emergencies" and "public health emergencies".
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WHEREAS, Sec. 2-37 is an old, worthless local law, and cities in Florida with less population than
Sebastian have smart government folks who can craft proper laws that address different types of
emergencies and to prevent an abuse of power without consent of all elected officials of the people, I
move that Sec. 2-37 be repealed upon acceptance of any draft legislation for a new Chapter in the Code
that is substantially similar to the City of Gulfport, Chapter 8, Civil Emergencies ordinances and that the
City Attorney is directed to present such draft legislation to the Council in the next 45 days.
6. Motion to Publicly Rebuke Former Chief of Police for violating the Emergency Declaration of
March 17, 2020 as "the City Manager through the Chief of Police is hereby authorized to take
whatever prudent actions are necessary to ensure the health, safety, and welfare of the
community, and the public records of the City of Sebastian clearly show that the Chief of Police
did not perform any such functions of commanding the City during the local state of emergency
as the City Manager handled everything as she enhanced her pension.
WHEREAS the Former Chief of Police Michelle Morris was empowered on Match 17, 2020 to handle the
State of Emergency as authorized by Florida Statutes, at Chapter 870, AFFRAYS; RIOTS; ROUTS;
UNLAWFUL ASSEMBLIES, as addressed in Sec. 2-37 of the Code of the City of City of Sebastian, and
WHEREAS, Ms. Morris, per Section 870.042, the chief of police of such municipality is designated as the
city official to assume the duties and powers thereof as also mentioned in the Mayor's Declaration, and
WHEREAS, she did nothing, as the following acts shall be prohibited during the period of said emergency
throughout the jurisdiction per Florida law, Section 870.044:
(1) The sale of, or offer to sell, with or without consideration, any ammunition or gun or other firearm
of any size or description.
(2) The intentional display, after the emergency is declared, by or in any store or shop of any
ammunition or gun or other firearm of any size or description.
As the records of the City of Sebastian clearly show that firearm sales were permitted by the Chief of
Police.
move that Former Chief of Police be declared derelict in failing to protect the City of Sebastian for
COivd-19 and publicly rebuked and admonished for failing to follow the law while wearing the uniform
of Chief of Police of the City of Sebastian.
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To Mayor Dodd, Vice Mayor Mauti and Council Members:
I would like to address the issue raised in the past by one of the council members and is currently being
set for a Special Meeting on health insurance coverage for City Council.
BACKGROUND:
have reviewed the Charter and Codes to see if Insurance for Council Members is permissible and found
nothing in support thereof. however, I did discover the following types of benefits offered to Council:
1. Charter, Sec. 2.05. — Comoensation - The mayor, vice-mavor and each of the other council,
members shall be paid the following amounts on a monthly basis:
(1) Mayor: Four hundred fifty dollars ($450);
(2) Vice -mayor: Three hundred dollars ($300); and
(3) Council members: Three hundred dollars ($300).
2. Code, Sec. 2-32. - Compensation of vice-mavor - When the vice -mayor shall be required to act as
mayor, due to the absence or disabilitv of the mavor, he shall be compensated at the rate of
$35.00 per day during the period of such service. In no event shall the vice -mayor be entitled to
compensation greater than that which would be provided to the mayor as a consequence of
substituting for the mayor in any particular function, regardless of duration. The vice -mayor
shall be due such additional compensation when city business requires his attention for five
hours or more on any one day.
3. Code, Sec. 2-34. - Expenses of council members - There shall be paid to each council member a
$300.00 per month expense allowance as lump sum reimbursement for incidental expenses, to
include costs for travel within 75 miles of the city. A council member may file a written notice
with city clerk that the expense allowance is declined.
-14 years old
4. Code, Sec. 2-35. - Travel authorization and reimbursement - Council member shall obtain prior
authorization for travel more than 75 miles outside the City of Sebastian at a regular city council
meeting. Such authorization shall be by majority vote of the council members in attendance.
Appointment by the council of a member to be the city's representative to a committee or
agency shall be deemed to be authorization to attend meetings of said committee or agency.
Council members shall be reimbursed for their actual and necessary travel expenses in
accordance with policies and procedures adopted by resolution, including mileage costs for
travel beyond 75 miles.
-14 years old
CONCLUSION:
In the Charter, the word "compensation" was used as oppose to "salary". Compensation is
broad and can include salary and other benefits. However, Section 2.05 of the Charter has not
been revised in 20 years; thus, maybe it could be amended next year during the Charter Review
to raise the monetary amount or separate salary from other benefits, subject to a vote of the
16of31
electorate. Alternatively, with the consensus of Council, we can use the Reserved Code, Sec.
2.31 and by ordinance, provide the Health Insurance (Requires 2 readings).
17 of 31
Charter Sec. 2.05, -Compensation.
The mayor, vice -mayor and each of the other council members shall be paid the following amounts
on a monthly basis:
(1) Mayor: Four hundred fifty dollars ($450);
(2) Vice -mayor: Three hundred dollars ($300); and
(3) Council members: Three hundred dollars ($300).
(Res. No. R-82-22, 9-8-82; Res. No. R-87-04, § VI, 2-4-87; Ord. No. 0-91-29, § 1, 1-8-92; Ord.
No. 0-93-02, § I, 1-27-93; Ord. No. 0-99-22, § 1, 11-3-99, election of3-14-00)
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Sec. 2-31. - Reserved.
Editor's note— Ord. No. 0-15-07, adopted Oct. 14, 2015, repealed § 2-3 1, which pertained to
mayor to declare states of ei.nergency and derived from Code 1980, § 21.-1. Tile user's attention is
directed to § 2-37.
Sec. 2-32. - Compensation of vice -mayor.
When the vice -mayor shall be required to act as mayor, due to the absence or disability of the
mayor, he shall be compensated at the rate of $35.00 per day during the period of such service. In no
event shall the vice -mayor be entitled to compensation greater than that which would be provided to the
mayor as a consequence of substituting for the mayor in any particular function, regardless of duration.
The vice -mayor shall be due such additional compensation when city business requires his attention for
five hours or more on any one day.
(Code 1980, § 2-17)
Charter reference— Compensation; expenses, § 2.05; duties of mayor, § 2.06.
Sec. 2-34. - Expenses of council members.
There shall be paid to each council member a $300.00 per month expense allowance as lump sum
reimbursement for incidental expenses, to include costs for travel within 75 miles of the city. A council
member may file a written notice with city clerk that the expense allowance is declined.
(Ord. No. 0-93-07, § 1, 4-14-93; Ord. No. 0-00-01, § 1, 2-1-00, Ord. No. 0-04-17, § 1, 9-15-04;
Ord. No. 0-06-19, § 1, 10-11-06)
Sec. 2-35. -Travel authorization and reimbursement.
Council member shall obtain prior authorization for travel more than 75 miles outside the City of
Sebastian at a regular city council meeting. Such authorization shall be by majority vote of the council
members in attendance. Appointment by the council of a member to be the city's representative to a
committee or agency shall be deemed to be authorization to attend meetings of said committee or
agency.
Council members shall be reimbursed for their actual and necessary travel expenses in accordance
with policies and procedures adopted by resolution, including mileage costs for travel beyond 75 miles.
(Ord. No. 0-00-01, § 4, 2-1-00; Ord. No. 0-04-17, § 3, 9-15-04; Ord. No. 0-06-19, § 2, 10-1 1-
06)
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To Mayor Dodd, Vice Mayor Mauti and Council Members:
I would like to address an Agenda Item labeled Re -Organize the City Council. The issue as I
understand it is whether or not a City Council can, 7 months after the council voted to make Ed
Dodd the Mayor, rescind or revisit their vote in order to elect a new Mayor?
BACKGROUND:
Upon infonnation and belief, several Council Members were under the impression that
something that happen several years ago under another City Council set some kind of precedence
for all future City Council to follow. I have no problem with that conclusion; however, as the
City Attorney, I am legally obligated to still review the facts and reach my own conclusion. For
this reason, I have reviewed the pertinent excerpts of the February 10, 2016 Council Meeting, pp.
13-14; February 24, 2016 Council Meeting, pp. 1-4; and City Charter Sections 2.06 and 2.08 (all
of which were attached to the Item Agenda).
After reviewing everything attached to the Agenda on this matter and conducting some research,
it is my legal opinion that the City Council cannot rescind or revisit their vote from several
months ago in order to elect a new Mayor because it would be inconsistent with the City Charter.
LEGAL ANALYSIS & CONCLUSION:
When approval and adoption of the City Charter took place, the issue of a "tern limit" for
appointed officers, Vice Mayor and Mayor, were clearly contemplated. More specifically,
Section 2.06 (c), expressly states that "[t]he term of the vice -mayor shall be for one year or until
his or her successor is elected." (Emphasis added). This word choice is important. The strength
of this specific word choice highlights the intention and importance of a term limit where the
adopting council deemed appropriate for vice -mayor. Meaning, the Vice Mayor can only serve in
that capacity for one year. Re -appointing the Vice Mayor for a second one (1) year term would
be inconsistent with the clear language in the Charter. However, there is no such "term Iimit" for
Mayor. See, Section 2.06 A of the City Charter. Therefore, the exclusion of a "term limit" for
Mayor is a specific and intentional exclusion from the City Charter. However, this does not mean
that a mayor, once appointed is appointed for life. Quite the contrary! What it clearly means is
unlike the Vice Mayor, the Mayor can be re -appointed for another one (1) year term.
(Emphasis added). Meaning, the Mayor can serve in that capacity for several years as long as
the City Council continues to elect him/her as Mayor when the snake -up of the Council changes.
This brings me to my next point. The City Charter makes it very clear that "[a]fter the seating of
any newly elected council members at the 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." (Emphasis added). See Section 2.06 A. The emphasis here is also important. This
entire Section of the Charter expressly states two (2) things: First, that the Mayor's terms are not
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indefinite; and second, the time to "revisit" their appointment is upon the seating of "any" newly
elected council members. See Section 2.06 A.
Finally, the Charter, as it relates to the vice -mayor, expressly defined a term limitation, but there
was no such term limitation expressed for the mayor. The mayor, as opposed to the vice —mayor,
may serve consecutive terms "IF" re -appointed upon "any" change in the composition of the
existing city council by the seating of "any newly elected council members". (Emphasis
added). Thus, it would be inconsistent with the clear language of the Charter for a City Council
to rescind or revisit their vote from several months ago in order to elect a new Mayor. Therefore,
it is my legal opinion that the Charter clearly spells out that every time there is a new make-up of
the Council, i.e., in November, "the newly elected council members...,as the first order of
business, will elect (the) mayor." It is then and only then that the position of Mayor can and
should be legally elected by council.
21 of 31
Regular City Council Meeting
February 10, 2016
Page Thirteen
B. Council Member Jim Hill
Mr. Hill said he was disappointed in things he had heard have been going on over the last
several months, citing a previous Council when members were bickering back and forth and
sees this Council moving rapidly in that direction and it is a disservice to the Community. He
said the Charter outlines the role of City Council members and the Mayor and specifically
states there is no authority of any individual Council member when they are not behind the
dais, and no authority of any individual Council member if they cannot convince two others
up here and send direction. He said he thinks there have been things going on that are
contrary to our Charter and concern him, concerns staff, and is an overstepping of the
obligations and responsibilities of a Council member. He said it is the responsibility of the
five Council members to police ourselves and make sure we are abiding by the Charter and
understanding our rules. He said when we stand in the halls of City Hall we have the exact
same authority as any citizen that walks the streets of the community, we need to conduct
ourselves like that always, and don't believe that has been done. He said he knows a lot of
people who work for the City and has gotten a lot of phone calls, did not want to get into
specifics. He asked for a consensus of Council to direct the City Manager, prior to the next
City Council meeting, to have a Council reorganization meeting, such as the one that takes
place immediately following an election.
Ms. Coy seconded, however, Mr. Hill noted we cannot take action, but rather can give the
City Manager some form of consensus from the Council to put it on the agenda.
Ms. Coy asked it we are entitled to do that by Charter and Mr. Hill said he researched it quite
a tot and the Charter does not specifically stale that, so he believed that in discussions with
others, we can do that, and asked Attorney Armitage if that was correct that with a majority
vote we can have that put on the next meeting. Mr. Armitage responded they can direct the
City Manager. Mr. Hill said that is what he would like to see happen.
Ms. Coy seconded, however there was no motion.
Mayor Gillmor said he was not so sure, since the item was not on the agenda, that we can
vote on this. He said he thought this was something that would have to be agendized. Ms.
Coy said she thought we could direct the Manager.
Mr. Hill said put it on the beginning of the next scheduled Council meeting.
Mayor Gillmor said he would say alright with a caveat that we have the Attorney research it
and find out if that is doable. He said we have certain things that we can do and there are
obviously things that the City Council can undertake but was not so sure this is legal. He
said he would want a determination before it is put on the agenda.
Mr. Hill asked the Attorney for his opinion on this.
Attorney Armitage said there seems to be no reason why it can't but he was not asked to
thoroughly research it.
i3
22 of 31
Regular City Council Meeting
February 10, 2016
Page Fourteen
Mayor Gillmor said that is what he is asking him to do. He said he would not want this put on
the agenda if it is not legal for us to do that.
Attorney Armitage said if it turns out to be a determination that it is not legal, then it won't be
an agenda item, but should it be acceptable, then it can still be an agenda item.
Mayor Gillmor said he had a motion and second and asked for a roll call. (There was no
motion, only a request for consensus of Council by Mr. Hill).
Mr. McPartlan asked if he was taking public input. Mayor Gillmor said there is no public input
under Council matters. Ms. Coy said there is really no vote under Council matters and you
just gave direction, so be it.
Mayor Gillmor said he would like to find out if we have a consensus.
Mr. McPartlan said you got a motion and second and he was asking if anybody has any
input and we're voting on it.
Mr. Hill said we are not voting on it, he is just asking if there is consensus_
Mr. McPartlan said yes.
Mayor Gillmor said okay there is three (consensus), so be it.
C. Council Member Bob McPartlan - None
Q. Mavor Richard Gillmor - None
E. Vice Mavor Jerome Adams - None
17. Being no further business, Mayor Gillmor adjourned the Regular meeting at 7:59 p.m.
Approved at the February 24, 2016 Regina City Council Meeting,
By: /'
-R�ehe Mayor
ATTEST:
Sally A. Maio. MMC, ity Clerk
14
23 of 31
'1h "r
SEBASTIAN
HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
REGULAR MEETING
AND
COMMUNITY REDEVELOPMENT AGENCY
MINUTES
WEDNESDAY, FEBRUARY 24, 2016 - 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Mayor Gillmor called the Regular Meeting to order at 6:00 p.m.
Invocation was given by Vice Mayor Adams in the absence of Pastor Jeff Woods.
The Pledge of Allegiance was led by Council Member Hill.
4. ROLL CALL
City Council Members Present:
Mayor Richard Gillmor
Vice Mayor Jerome Adams
Council Member Andrea Coy
Council Member Hill
Council Member Bob McPartlan
Citv Staff Present:
City Manager, Joe Griffin
City Clerk, Sally Maio
Special Magistrate, Kelley Armitage
For City Attorney, Robert Ginsburg
Deputy City Clerk, Jeanette Williams
City Engineer, Frank Watanabe
Deputy Police Chief, Greg Witt
Planner, Dorri Bosworth
5. COUNCIL REORGANIZATION - City Manager Transmittal
Mayor Gillmor said he would make a brief statement as follows: that Sebastian is a wonderful place,
it has been his honor to serve the citizens of Sebastian as Mayor for many of the years he has
served on City Council, but it has come to pass that three of his cohorts are displeased with his
current term and he had no wish to continue as Mayor in this current atmosphere, and read Section
2.06 (e) of the City Charter: 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.
He said he had given his letter of resignation from the position of Mayor to the City Clerk (see letter
attached which was provided to the City Clerk in a sealed envelope just prior to the start of the
meeting by Mayor Gillmor), said as of this minute he was vacating the Office of Mayor and
congratulated Mr. Adams. At this time they exchanged seats and he handed the gavel over to Mr.
Adams.
24 of 31
Regular City CouncillCRA Meeting
February 24, 2016
Page Two
Mayor Adams said before they continued he was not thrilled about the situation, that as Mayor, Mr.
Gillmor has done a fantastic job, and if there was any issue, he would hope he would have been
given the opportunity to resolve the issues before situations such as this occurred. He said he
would reluctantly take on the mantle of Mayor, a great honor, but the manner in which it was
bestowed upon him was not in the way he wished.
Attorney Armitage asked if the Mayor is planning on calling for nominations for the Office of Vice
Mayor.
Mayor Adams asked for nominations. Ms. Coy said she had a question about that.
MOTION by Mr. Hill and SECOND by Ms. Coy that this Council's decision for Mayor made at the
organizational meeting on November 18, 2015 be rescinded and direct Vice Mayor to open
nominations for Mayor_
Mayor Adams asked the Attorney if that is how we should proceed. Attorney Armitage responded
that we are now in an interesting position because the Mayor has resigned and it would be up to the
Council whether to accept that or to call for a general reorganization. He said if the Council accepts
the Mayor's resignation then the Vice Mayor would have to specify that he would take over, but if
the Council does not accept the resignation and calls for general reorganization, then the motion is
perfectiy fine_
Ms. Coy said she personally does not accept the resignation because there have been two whole
weeks for this to have occurred, it is the eleventh hour, and had it been done with time to deliberate
with the City Manager or there was some time frame involved she would be more comfortable, but
at this time we should honor the Council meeting agenda, noting to her knowledge no one here
knew this was coming, and do the reorganization. She said Mr. Adams may wind up being Mayor
by their selection.
MOTION by Ms. Coy not to accept the resignation.
Mr. Hill said there was already a motion on the floor and asked the Attorney if the motion was
acceptable to cover a general reorganization meeting.
Attorney Armitage said it is up to him as the maker of the motion to accept a friendly amendment.
Mr. Hill said he would accept the friendly amendment. In response to Attorney Armitage, Ms. Coy
said she had seconded the original motion, so she accepted her friendly amendment also. Attorney
Armitage asked if they wished to restate the motion as amended by the friendly amendment.
MOTION by Mr. Hill and SECOND by Ms. Coy that this Council's decision for Mayor made on our
original meeting on November 18, 2015 be rescinded and direct the Vice Mayor to open the floor for
nominations for Mayor and reject the resignation of Mayor Gillmor.
Mr, Gillmor asked does this mean that every time we have three people that are upset with the
Mayor that we can have reorganization, or the Mayor of the month.
Attorney Armitage said whatever powers Council granted with the Charter the Council can undo, so
since the Charter specifically grants the authority to the Council to decide who serves as Mayor, the
Council can undo that decision at a later time. He said in particular, the Charter does not specify a
2
25of31
Regular City Council/CRA Meeting
February 24, 2016
Page Three
term for the Mayor but it does specify a term for the Vice Mayor, and the only interpretation they
could find is that it is intentional, so perhaps his summary could happen,
Mr. Gillmor said it sounds like he was interpreting something where the original intent was that the
Mayor would be there once a year, and asked doesn't it stale that the reorganization would take
place after the election, not whenever you want to reorganize.
Attorney Armitage responded it doesn't set out a specific term for Office of Mayor but does specify �}
that the Office of Vice Mayor is for one year, and so reasonable interpretation of inconsistencies like
that is that it must be intentional, especially by the number of Charter Review Committees that have
reviewed this, and there must be a specific reason why the Mayor does not have a specific terra,
and the only interpretation is that whatever the Council giveth the Council taketh away.
Mayor Adams asked for a clarification of the motion, and Mr, Hill said the motion was to deny
acceptance of the Mayor's resignation and to move that this Council's decision for Mayor made at
our organizational meeting on November 18, 2105 be rescinded and direct the Vice Mayor to open
the floor for nominations for Mayor, and was seconded by Ms. Coy.
Mr. Gillmor asked if there would be public comment on this.
Tina Cafro, 631 Bayfront Terrace, Sebastian, said she was shocked because she thought Mr.
Gillmor was doing a fantastic job, was disgusted that members of Council can't work together on
behalf of the members of the town, and the bickering among them is appalling.
Norman Meyer, 107 Woodstork Way, said however the Council decides, thanked Mr. Gillmor for his
work on the pollution of the Indian River Lagoon.
Mayor Adams called for a roll call, but Ms. Coy asked for Council deliberations.
Mr. Hill said enough was said at the last meeting, his goal was not to embarrass anyone,
appreciated the work of all five individuals sitting on the dais today, but when he gets concerned
about the direction he sees, then it is his responsibility as a Councilmember to police the Council
and ask fellow Council members if they agree with him. He said he finds this Council has not been
moving in a direction he is pleased with, had concerns of Councils of 2007 and 2008 where there
were terrible things going on and did not want to see that happen. He said again he appreciates the
hard work of all five individuals up here, looks forward to going forward and resolving all the issues
we have in Sebastian efficiently and as a team like we have done in the past, be able to disagree
and move on to the next issue.
Ms. Coy said she got a lot of phone calls today, was disappointed to she is hearing that this is
because Mr, Hill aspires to nigher office and that she didn't believe that at all. She said she too
prefers not to air stuff and would rather let it stay where it is, admires Mr. Gillmor for resigning
knowing something was coming, applauds the work he has done on the lagoon, said an IRL Council
member does not have to be Mayor to serve, and nothing will change. She said she appreciates the
transparency, cited the email from Ms. Munoz which was a good summary, and said it is time to
move on.
Roll Call: Ayes: Coy, Hill, McPartlan Nays- Adams, Gillmor Passed: 3-2
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Regular 0ty Council/CRA Meeting
February 24, 2016
Page Four
Mayor Adams opened nominations for Mayor_
Mr. Gillmor nominated ,Jerome Adams
Ms. Coy nominated Bob McPartlan
Roll Call on nominations:
Coy - McPartlan
Hill - McPartlan
McPartlan - McPartlan
Gillmor-- Adams
Adams - Adams
Mr. Adams congratulated Mayor McPartlan and handed over the gavel. Seats and name plates
were changed.
Mayor McPartlan opened up nominations for Vice Mayor, Attorney Armitage advised that Mr.
Adams stays Vice Mayor.
6. AGENDA MODIFICATIONS - None
7. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS
Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff.
No public input or action under this heading.
16.035 A. Proclamation - March for Meals - Accepted by Karen Diegl. President/CEO -
Senior Resource Association
Mayor McPartlan read and presented the proclamation and presented it to Shawna
Callaghan. Ms. Callaghan briefly cited program statistics, stressed the importance of healthy
meals for seniors, and invited the Council Members to spend a day delivering meals which
tapes place from March 21 through March 24 at 10 am at SRA headquarters.
16.036 B. Presentation by Indian River County Mosouito Control - Doua Carlson, Director
Mr. Carlson gave a brief Power Point presentation on mosquito control in Indian River
County (see attached). Mayor McPartlan noted there are slides on COS -TV that can be
updated with this information. Mr. Carlson announced the District's phone 562-2393 and
website www.irmoscwito.com and said any groups that would like a similar presentation can
contact him.
C. Brief Announcements
March 18 - Chamber Concert in Riverview Park 5:30 - 8 prn -- Heart of Oak
Mayor McPartlan read the above referenced announcement. Ms. Coy said she attended the
Pelican Landing Assisted Living open house today, said they are 40% booked, and
scheduled to open at the end of April.
4
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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.
(Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-93-03, § 3, 1-27-93 ; Ord. No. 0-06-1 1, § 1, 10-11-
06)
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.
(Ord. No. 0-91-29, § 1, 1-8-92, Ord. No. 0-93-03, § 4, 1-27-93; Ord. No. 0-11-13, § 2, 7-13-11,
election of 11-8-1 1)
Editor's note— Ord. No. 0-1 1-13, § 2, adopted July 13, 2011 and approved at an election on
Nov. 8, 2011, amended § 2.04 title to read as ]herein set out. Former § 2.04 pertained to terms.
Sec. 2.05. - Compensation.
The mayor, vice -mayor and each of the other council members shall be paid the following amounts
on a monthly basis:
(1) Mayor. Four hundred fifty dollars ($450);
(2) Vice -mayor: Three hundred dollars ($300); and
(3) Council members: Three hundred dollars ($300).
(Res. No. R-82-22, 9-8-82; Res, No. R-87-04, § V1, 2-4-87; Ord. No. 0-91-29, § 1, 1-8-92; Ord.
No. 0-93-02, § 1, 1-27-93; Ord. No. 0-99-22, § 1, 11-3-99, election of 3-14-00)
Sec. 2.06. - Mayor; vice -mayor.
(a) Mayor —Selection and term. [A]fter the seating of any newly elected council members at the 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.
28of31
(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.
(Ord. No. 0-91-30, § 1, 1-8-92; Ord. No. 0-93-03, § 5, 1-27-93; Ord. No. 0-99-23, § 1, 1 1-3-99,
election of 3-14-00; Ord. No. 0-06-10, § 1, 10-1 1-06; Ord. No. 0-06-1 1, § 2, 10-11-06; Ord. No.
0-11-13, § 2, 7-13-11, election of 11-8-11)
Sec. 2.07. - General powers and duties.
All powers of the city shall be vested in the city council, except as otherwise provided by law or this
Charter, and the city council shall provide for the exercise thereof and for the performance of all duties
and obligations imposed on the city by law.
(Ord. No. 0-91-29, § 1, 1-8-92)
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.
(c) Filling vacancies. Any vacancy in the office of council member shall be filled in accordance with the
provisions of this subsection:
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(1) If there is a scheduled citywide election within six months of the occurrence of the vacancy, the
remaining members of the city council may either (A) permit the vacancy to be filled at that
election, or (B) appoint a replacement.
(2) If there is no scheduled citywide election within six months of the occurrence of the vacancy,
the remaining members of the city council shall appoint a replacement within 45 days.
In the event the city council fills a vacancy by appointment, 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 at that election, and the candidate
shall run specifically for that seat on the city 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.
(Ord. No. 0-88-43, § 2, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92; Ord, No. 0-91-30, § 2, 1-8-92;
Ord. No. 0-93-02, § 2, 1-27-93; Ord. No. 0-99-24, § 1, 11-3-99, election of 3-14-00; Ord. No.
0-11-09, § 2, 7-13-11, election of 11-8-11)
Editor's note— Section 1 of Ord. No. 0-88-43, adopted January 11, 1989, repealed former §
2.08 in its entirety and § 2 of the ordinance renumbered § 2.09 as § 2.08. The repealed provisions
pertained to supervision over administrative officers and derived from the original Charter of the
city adopted by Ord. No. 0-78-9 on October 9, 1978.
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Sec. 2-31. - Reserved.
Editor's note— Ord. No. 0-15-07, adopted Oct. 14, 2015, repealed § 2-31, which pertained to
mayor to declare states of emergency and derived from Code 1980, § 21-1. The user's attention is
directed to § 2-37.
Sec. 2-32. - Compensation of vice -mayor.
When the vice -mayor shall be required to act as mayor, due to the absence or disability of the
mayor, he shall be compensated at the rate of $35.00 per day during the period of such service. In no
event shall the vice -mayor be entitled to compensation greater than that which would be provided to the
mayor as a consequence of substituting for the mayor in any particular function, regardless of duration.
The vice -mayor shall be due such additional compensation when city business requires his attention for
five hours or more on any one day.
(Code 1980, § 2-17)
Charter reference— Compensation; expenses, § 2.05; duties of mayor, § 2,06.
Sec. 2-34. - Expenses of council members.
There shall be paid to each council member a $300.00 per month expense allowance as lump sum
reimbursement for incidental expenses, to include costs for travel within 75 miles of the city. A council
member may file a written notice with city clerk that the expense allowance is declined.
(Ord. No. 0-93-07, § 1, 4-14-93; Ord. No. 0-00-01, § 1, 2-1-00; Ord. No. 0-04-17, § 1, 9-15-04;
Ord. No. 0-06-19, § 1, 10-11-06)
Sec. 2-35. - Travel authorization and reimbursement.
Council member shall obtain prior authorization for travel more than 75 miles outside the City of
Sebastian at a regular city council meeting. Such authorization shall be by majority vote of the council
members in attendance. Appointment by the council of a member to be the city's representative to a
committee or agency shall be deemed to be authorization to attend meetings of said committee or
agency.
Council members shall be reimbursed for their actual and necessary travel expenses in accordance
with policies and procedures adopted by resolution, including mileage costs for travel beyond 75 miles.
(Ord. No. 0-00-01, § 4, 2-1-00; Ord. No. 0-04-17, § 3, 9-15-04; Ord. No. 0-06-19, § 2, 10-1 1-
06)
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