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HomeMy WebLinkAbout06-10-2020 CC Minutes�m cl� SERASTL'kN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, JUNE 10, 2020 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Dodd called the June 10, 2020 Regular City Council Meeting to order at 6:00 p.m. 2. Pastor John Gill, Sebastian United Methodist Church gave the invocation. 3. Vice Mayor Mauti led the Pledge of Allegiance. 4. Mayor Dodd read the Civility Pledge. 5. ROLL CALL Mayor Ed Dodd Vice Mayor Charles Mauti Council Member Damien Gilliams Council Member Jim Hill (via Zoom Technology) Council Member Pamela Parris Citv Staff Present: City Manager Paul Carlisle City Attorney Manny Anon, Jr. City Clerk Jeanette Williams Police Chief Dan Acosta Police Lieutenant Tim Wood PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS Brief Announcements Mayor Dodd announced the playgrounds would reopen on Saturday and asked parents to bring hand sanitizer while playing on the equipment. He also reported that Sebastian still has a high rate of return for the 2020 Census and encourage the public to respond by phone, mail or computer link. Council Member Gilliams announced there will be free COVID-19 testing at the Fellsmere Health Clinic from 9:30 to 11:30 a.m. AGENDA MODIF��ATIOryS Modifications {or a itions require unanimous vote of City Council members. Council Member Hill asked that all items under 17b be removed from the agenda. Council Member Gilliams objected. Council Member Hill stated it was important to remove the item because it could put the City in legal difficulties, noting the City Attorney has advised that if Council Member Gilliams continued with baseless allegations it could put the City in legal jeopardy due to defamation per se. He asked that the City not be a part of allowing this to go forward and asked again to remove the item. Council Member Gilliams objected again. Regular City Council Meeting June 10, 2020 Page Two 6:11 pm CONSENT AGENDA A. Approval of Minutes — May 19, 2020 Special City Council Meeting B. Approval of Minutes — May 27, 2020 Regular City Council Meeting MOTION by Council Member Hill and SECOND by Council Member Gilliams to approve item B — May 27, 2020 Minutes, passed with a unanimous voice vote of 5-0. Item A - Mav 19, 2020 Special Citv Council Minutes Mayor Dodd asked that the second paragraph read, "Mayor Dodd summarized the motion Council Member Gilliams moved that there was a special meeting request and it was improperly denied." Instead of: Mayor Dodd summarized there was a special meeting request and it was improperly denied. Council Member Gilliams stated any changes to the minutes should be done by verbatim. Mayor Dodd noted pages 15 and 16 were duplicates. MOTION by Mayor Dodd and SECOND by Council Member Parris to approve the May 191h minutes with the removal of the duplicate page. Council Member Gilliams noted that Vice Mayor Mauti asked to abstain from one of the votes at the meeting. The City Attorney advised the members are required to vote and if the Vice Mayor had a conflict of interest he was obligated to divulge it and file the proper form with the City Clerk. Vice Mayor Mauti stated he did not have a conflict of interest. The minutes were approved with a voice vote of 4-1. (Gilliams-nay) 9. COMMITTEE REPORTS & APPOINTMENTS 20.010 A. Intearated Pest Manaaement Parks Uodate (no backup) The Leisure Serviced Director stated that throughout the Covid 19 pandemic, staff has continued to work on the Integrated Pest Management Plan (IPM). The chemical spreadsheet was presented to the committee earlier today for their review and input. At their last sub -committee meeting, members were presented with the third draft of the IPM plan. They as well as outside industry professionals contacted by Ms. Haigler, provided additional input that she compiled into the draft document. He stated that Ms. Haigler met with the Sebastian Garden Club and the Audubon Society to design and install a native garden at Garden Park for the enhancement of pollinators and natural predators. This will be the first of many native gardens to be installed in our parks throughout the City. Regular City Council Meeting June 10, 2020 Page Three He continued to say Ms. Haigler has been working through the application process to acquire air potato beetles from the University of Florida. This is a biological control method for the air potato vine which has invaded some of our parks. The sub -committee will continue to meet once a week to complete the Integrated Pest Management Plan. Once it is complete it will be presented to the Parks and Recreation Advisory Committee and Natural Resources Board for their input; then the plan will be presented to City Council for final approval. Council Member Hill commended the Leisure Services Director and the committee for doing and outstanding job. He is impressed that they are looking at all the factors involved. 10. PUBLIC HEARINGS - None 11. UNFINISHED BUSINESS - None 12. PUBLIC INPUT Council Member Gilliams said at the last public input there were two bodily threats made and he asked that the Zoom participants give their proper name and they have the ability to see their faces. Mayor Dodd said he agreed, there should be no threats. The City Attorney advised that the Mayor could ask for their name and general location but he did not recommend stifling public input. Bob Stephens, 150 Concha Drive, thanked the Council Members for not spraying. He is now finally seeing animals, birds and fish in the canals. He would like to see manual maintenance done in the canals. Buzz Herrmann, 586 Redwood Court, said transparency is a positive action. It permits government to explain to the residents all the positive actions they are taking to improve our City. Richard Gillmor, 744 Kroegel Avenue, said he would like for this Council to get along. The residents of the city are fair people but the recall process that is taking place here is unfair. Michelle Morris reminded Council and Mr. Gilliams that she is still waiting for his public apology for being accused of unethical behavior. She insisted that if the three Council Members are truly for the people then they should resign and give us back our City. Andrea Coy questioned the reason for tonight's meeting. She stated the main purpose of tonight's Council meeting seemed to be for Mr. Gilliams to speak on an item of old history. It is a terrible waste of the citizen's time, City Council's time and City Staff's time. Nicholas Scheskowsky said he maintains the shoreline of the canal at his home. The birds, animals and fish have never gone, they have always been there. 3 Regular City Council Meeting June 10, 2020 Page Four Jonathan Rhodeback, Attorney for the Law Firm Dill, Evans & Rhodeback; representing Henry Fischer & Sons said there are allegations made about impropriety in connection with the acquisition and excavation of the cemetery expansion in agenda item 17b. In the FDLE report, there is a conversation between one of the Council Members and an Agent at FDLE alleging some impropriety which does not pertain to his client. Mr. Fischer was asked to offer a bid which he did and a few months later he was awarded the job. Everything else is conspiracy in the report. Attorney Rhodeback advised Council Members not to drag private citizens into a fight to benefit their own political position. Being a public official does not give them right to misuse a public position to obtain leverage in their own political process. He strongly urged Council to reconsider discussion of item 17b. Tracey Cole said the citizens have done their part. The Senator and State Attorney should intervene and remove the three members of Council. Bill Flynn, Main Street, said he was concerned about the canals. He emphasized that before stopping maintenance on the canals, there must be some kind of treatment plan in place. Sharon Herman commended the Integrated Pest Management Sub -Committee for doing their research and not letting matters get out of control. Grace Reed, Sebastian, recommended Council Member Gilliams to recuse himself from the upcoming Board of Adjustment hearing to be held for Mr. Scozzari; this will avoid any presumption of discrimination or favoritism. Ms. Reed said in previous meetings Council Member Gilliams suggested that Council have discussions on how the City can help the small businesses during the pandemic. Council Member Gilliams owns a small business which is a conflict of interest and he should recuse himself from any conversation, testimony or voting on the matter. Kathy Cline wanted everyone to know that Vice Mayor Mauti is a man with high integrity. He is well educated and honest. His agenda has been for the City of Sebastian and for the people that live here. Louise Kautenburg said she was concerned about extra costs imposed on the City because of the cancellation of the weed and bug control treatment without a proper plan in place. Andrea Ring, 407 Quarry Lane, said the recall members are like the "Save the Eagles Nest' all over again. Christopher Nolan, 882 Salem, said he came to the meeting because he is bothered by the canals. The lack of maintenance is getting out of hand and is unacceptable. Patricia Mandel, Sebastian, said she believed the City of Sebastian needs to retain Vice Mayor Mauti. The citizens elected him to control the growth of the annexation; protect the environment from urban sprawl and to keep Sebastian safe from over development and poor planning. Lt Regular City Council Meeting June 10, 2020 Page Five Tim Glover, President of the Friends of the St. Sebastian River, encouraged the residents to participate in the City's comprehensive plan review process. By attending the Planning and Zoning Commission meetings and the Natural Resources Board meetings from now until October citizens will have the opportunity to voice their opinion on how they want their City 7:35 pm 7:39 pm to grow and prosper. Zoom Participation Charles Stadelman, Sebastian, gave an update on various efforts proceeding to protect Sebastian's natural resources as well as the Sustainable Sebastian initiatives. He invited the public to participate at the upcoming meetings in person or via Zoom technology. Gibney Scott said something inappropriate and was cut off. Brian McAlister, 1941 Winter Street, Tennessee, also said something inappropriate and was cut off. It was the consensus of City Council to cut off the Zoom comment. 13. NEW BUSINESS - None 14. CITY ATTORNEY MATTERS - None 15. CITY MANAGER MATTERS - None 16. CITY CLERK MATTERS - None 17. CITY COUNCIL MATTERS A. Vice Mayor Mauti said he received an e-mail from Andrea Ring regarding an overhead power line. The City Manager advised that was an issue for Florida Power and Light as the City does not issue permits for install or move poles. B. Council Member Gilliams i. Purchase of 12900 US Hwv 1 — Cemetery Expansion (CM Gilliams' Exhibits. FDLE Rom) Mayor Dodd asked Council Member Gilliams to be respectful in charging people with criminal activity. Council Member Hill requested Council Member Gilliams not to discuss this issue. Point of Order— Council Member Gilliams said it was his time to speak. Council Member Hill said he is trying to protect the citizens of Sebastian from being in lawsuits that may cost millions of dollars, everything the City has in reserve because of the accusations. Point of Order — Council Member Hill stated the legal discussion that Council Member Gilliams has had over the last several months while being asked by the people he has been accusing of illegal activity, after these people have be exonerated by all law enforcement agencies, needs to cease and desist because we as council members must protect the citizens of this community. This has already been vetted by all law enforcement and must cease; because if we do not, and we sanction as a city, then we may be implicit in allowing these individuals to sue this community and I will not stand by and allow Mr. Gilliams to cost this community millions of dollars. Regular City Council Meeting June 10, 2020 Page Six For the record, the City Attorney said he understands what Council Member Hill was talking about, item 17b is under Council Member Gilliams Matters, and it does not reflect the consensus of the board. He agreed with the public comment earlier —he did not see the public purpose for this item; however, he had no issue with Council Member Gilliams discussing his matter but he cautioned him and admonished him and any other members of the board from making any defamatory comments including but not limiting to the accusation that a crime was committed by someone or implicate someone in any fashion somehow in criminal activity which has not been proven, but in fact a lot has been stated by the FDLE report that there is not sufficient evidence to support any criminal investigation. The City Attorney recommended the Mayor control the meeting by the gavel accordingly; if a point of order comes up, he will address the point of order. (See Attorney's comments attached) 7:44 pm T48 pm Mayor Dodd said he overruled Council Member Hill Point of Order because Council Member Gilliams has the right to bring it up but he cautioned Council Member Gilliams that he has been cautioned twice in the past by the Chair and City Attorney Stokes not to make false accusations and if he does it again, he will put an admonishment in writing and put it in the record. Council Member Gilliams said for the record, he was only stating facts that are in the record to show Council what their rights are as elected officials of the community, he wasn't making criminal allegations. The City Attorney advised that the previous admonishment was done by former Attorney Jim Stokes. Council Member Gilliams opened his presentation by citing Charter Section 2.11 (See attached) and stated he would be presenting records on file in the Clerk's office. Council Member Gilliams played the May 22, 2013 (beginning 7:10 pm) City Council meeting where the City Manager, Al Minner, discussed the purchase of 12900 US Highway 1 and the removal of the sand. Council Member Gilliams displayed the following on the overhead: the May 8 Council minutes with Ms. Coy and Mr. McPartlan's vote the City Manager AI Minner's May 22 agenda transmittal Point of Order — Council Member Hill asked whether the Resolution R-13-10 had anything about the sale of sand. Mayor Dodd responded it did not. Council Member Gilliams noted a roll vote to include Jim Hill, Bob McPartlan, and Andrea Coy knew exactly in 2013 what was to transpire. Point of Order— Council Member Hill asked what exactly Council Member Gilliams is suggesting was to transpire. Council Member Gilliams said it was self-explanatory. Mayor Dodd ruled in favor the point of order requiring Council Member Gilliams to answer the question. Council Member Gilliams appealed the point of order. Roll call: Council Member Gilliams - nay Council Member Parris - nay Vice Mayor Mauti - aye Council Member Hill - aye Mayor Dodd - aye Regular City Council Meeting June 10, 2020 Page Seven Council Member Gilliams was required to answer the question, "What was expected to transpire." Council Member Gilliams said in reference to the City Code 2-93, any surplus property must be appraised which it wasn't so there isn't a value. Mayor Dodd asked Council Member Gilliams if when he said the Council Members knew what the action was, their vote established surplus property. Council Member Gilliams responded under that motion, the intent was to sell that property; the appraised value was $300-375,000. Mayor Dodd said he didn't see a fact and once again he made an accusation at three Council Members. 8:17 pm Additional documents Council Member Gilliams displayed: Code Section 2-93 — Surplus Property Code Section 2-107 — Director of Finance Duties Appraisal cover sheet with value Point of Order— Council Member Hill asked what the $375,000 appraisal was on? Council Member Gilliams responded the estate of Paul Rallis, Council Member Hill said the value of the property. The point of order was satisfied. Council Member Gilliams continued his presentation stating staff purchased the property and in 2018, City Manager Joe Griffin was getting ready to retire and instead of waiting for the 15-17 year absorption rate of the existing cemetery to take place, Mr. Griffin was going to proceed with a major project on the way out. It moved along without following the site plan guidelines, special use permits, and environmental study. Point of Order— Council Member Hill asked who prepared the site plan. Mayor Dodd answered it was MBV Engineering. Council Member Gilliams said at the Sebastian Property Owners Association Candidate Forum, Linda Kinchen stated there was toxic waste on the site which should have raised a red flag; the City should have proceeded with a Phase I Study. He said the City is telling the community that everybody else must proceed with a site plan but the City does not follow its own procedures. Council Member Gilliams said this is about staff not doing things proper according to protocol. Additional documents Council Member Gilliams displayed: Code Section 54-2-3.1 Special Use Permit — noting the staff and the Planning and Zoning Commission did not review and there was never a public hearing which is strictly prohibited against City code and ordinances. He said staff members were concerned with how quickly the project was moving in e-mails. Point of Order— Council Member Hill asked to see the e-mails. Council Member Gilliams said he was not at that point with his presentation. Mayor Dodd ruled in favor of Council Member Hill's request to see the a -mails and asked for a vote: Regular City Council Meeting June 10, 2020 Page Seven 8:32 pm Council Member Parris - nay Vice Mayor Mauti - aye Council Member Hill - aye Mayor Dodd - aye Council Member Gilliams displayed the following a -mails that he felt indicated concern: January 31, 2018 — from Scott Baker to Lisa Frazier February 7, 2018 —from Scott Baker to Lisa Frazier February 12, 2018 — Scott Baker to Bub Milon February 13, 2018 — from Scott Baker to Timothy Clarke Mayor Dodd noted the a -mails do not indicate concern. Council Member Gilliams stated the e-mails indicate there was toxic waste but it was never tested. Council Member Gilliams said staff couldn't sell the commercial property with the red flag. Mayor Dodd asked him what he was trying to prove. Council Member Gilliams stated he was trying to prove a transaction that our staff proceeded with violated every code and everything in the book. Mayor Dodd stated he looked through Council Member Gilliams' exhibits three years ago and told him that there was no criminal activity but some stupidity on the part of a city manager who made a statement about the value of the sand without being able to back it up but there was no criminal activity. Point of Order by Council Member Hill — Council Member Hill asked if Council Member Gilliams was acting as an elected official of the City of Sebastian or an individual citizen. Mayor Dodd asked the City Attorney if Council Member Gilliams can act a public citizen once he is elected. The City Attorney advised that once he is elected, he cannot differentiate personally as well as him being an elected official. Council Member Hill stated that was why he can't proceed because he is acting as an official of the City and continues to make baseless accusations about staff, previous City Council members and himself, he needed to stop or the City will be on the hook for potentially millions of dollars. Mayor Dodd asked Council Member Gilliams for a statement and to get to a point. Council Member Gilliams said the City was sand mining for 18 months with a grubbing permit which was in violation of the special use permit requirement. Mayor Dodd asked what action he wanted to be taken. Council Member Gilliams displayed pricing for land material; said there were bodies found on the property; Council should have raised a flag but everybody looked the other way. Point of Order by Council Member Hill — Asked Council Member Gilliams asked for the names of "everybody?" Council Member Gilliams responded Jim Hill, Albert lovino, Linda Kinchen, Ed Dodd and Bob McPartlan. Regular City Council Meeting June 10, 2020 Page Nine 8:52 pm Mayor Dodd stated once again he was accusing five council members to which Council Member Gilliams responded, "Sue me." Council Member Gilliams displayed Code Section 2-93 and said anything over $25,000 requires a formal sealed bid with City Council authorization. The Florida Department of Law Enforcement did a report that started and ended on the same day; he alleged a lot of accusations in the report and that is why he was pushing to bring this to the community. He asked Council if they had the fortitude, courage, and integrity, to order an outside investigation under Charter Sec. 2-11, and once it comes back they can see if any civil or criminal activity was taken by staff. Mayor Dodd called for a recess at 8:39 p.m. and reconvened the meeting at 8:48 p.m Council Member Gilliams asked for an outside investigation to give an accounting of what happened so staff learns to do things the correct way. He asked for the document that staff handed the Mayor in the hallway and objected to putting into the record because it was not part of the agenda packet. Council Member Gilliams stated he wanted to receive three votes to proceed with an investigation. Mayor Dodd said they could vote to put it on the next agenda. Roll call on to put on the next agenda, under new business, to discuss the possibility of authorizing an investigation into the purchase and land development of the cemetery extension: Council Member Gilliams - aye Council Member Parris - aye Vice Mayor Mauti - nay Council Member Hill - nay Mayor Dodd - nay Motion failed. 3-2 Other Matters by Council Member Gilliams He read an article by Larry Riesman in yesterday's Press Journal. (See attached) He said he wanted to move forward with the community. He thanked Chief Acosta for his letter to the community posted on Facebook. C. Council Member Hill - following Council Member Parris' comments. D. Council Member Parris Consider a 15 Minute Time Limit to Discuss Aoenda Items Except in Cases of an Emeroencv Resolution or Ordinance Council Member Parris said she was suggesting this to proceed in a timely manner on all agenda items individually. Council Member Hill, Vice Mayor Mauti and Mayor Dodd were not in favor of placing this matter on the next agenda. Regular City Council Meeting June 10, 2020 Page Ten Additional Matters by Council Member Parris She assured the public that the staff is working diligently on the canal issues. ' She corrected the allegations that three City Council Members are under criminal and state investigations; the fact is five Council Members and three staff employees are under state attorney investigation. She chose to represent herself in the recent court hearing in respect to the City spending. She asked that a citizen who recently contacted them regarding the homeless situation to call her City phone number. She said Council Member Hill's presence was optional. She asked when the airport building will be workshopped. The City Manager stated the workshop was voted down but it will come to the second meeting in June for consideration. Council Member Gilliams asked to reconsider his vote on the workshop. Point of Order — Council Member Hill said that was a consensus vote under Council Matters, not to hold the workshop. The City Attorney said Council Member Gilliams' consensus vote could not be reconsidered. Council Member Gilliams asked to continue. Point of Order— Council Member Hill said Council Member Gilliams matters have expired and he was skipped Mayor Dodd agreed with Council Member Hill's point of order. Mayor Dodd asked the City Attorney to determine if it was a consensus vote and if it could be recalled. He apologized to Council Member Hill for skipping him. Council Member Hill's Matters He stated he understood Council Member Parris giving him a pop at him but Governor's Executive Order allows him to participate via Zoom. He said staff is doing wonderful job and apologized to the public for the diatribe by Council Member Gilliams and his interruptions but the problem is the City could potentially face millions of dollars in lawsuits based on much of what he is saying noting he has been told he cannot make defamation comments. Point of Order — Council Member Gilliams said everything he put out was based on documents from the Clerk. Mayor Dodd said they were public documents but his interpretation is his opinion. He asked Council Member Hill to not be slanderous to which he said he understood but didn't know if it was slander if it was true. Council Member Hill said he is trying to protect the City from potential litigation that could cost millions of dollars; the amount in reserves is in jeopardy. 10 Regular City Council Meeting June 10, 2020 Page Eleven He thanked the police force for everything they are going through right now; he appreciates their hard work. He also thanked all of the first responders and wanted them to know that he will stand with them always. He has their six (back). E. Mavor Dodd Mayor Dodd said about five months ago, he commented on some of the television shows of the northeast who were trying to figure out how to do community policing and he volunteered for them to come to Sebastian but Chief Morris was shaking her head, "No no, no;" but he sees the what is happening today and the responses taking place, he commented the other police departments need to come see the Sebastian Police Department who takes the serve as highly and seriously as the protect in their motto. We are extremely lucky in these times that we don't have to worry about our Police Department as the fabric of our democracy is repaired. Mayor Dodd said when Council Gilliams started his comments he told him that if he used defamatory language that he was going to put an admonishment in writing. He stated the following: February 12, 2020, Council Member Gilliams was admonished by City Attorney Jim Stokes for defamation per se, which meant it is easily won in court. At that time, Attorney Stokes also advised if Council allowed him to continue, the Council was accepting liability and a 3-2 vote was taken to have him not to continue with his comments. May 27, Andrea Coy presented a letter asking Council Member Gilliams discontinue accusing her and other former council members of wrong doing and alleged criminal activity. She indicated she would take legal action against the City if Council Member Gilliams didn't stop. There are other parties that are now discussing taking legal action against Council Member Gilliams and the City. He said tonight after three warnings, Council Member Gilliams continued to allege criminal activity on the part of past or present council members and staff members. He asked for a consensus vote to place his points in the minutes of the meeting: 1) Admonish Council Member Gilliams for his continued reference to criminal act related to the cemetery expansion 2) They indicate Council Member Gilliams is not representing the position of the City of Sebastian, its Council, or its staff 3) Council Member Gilliams is solely responsible for his comments or accusations related to this matter that may be made in or outside this Council meeting. He said he was aware that they cannot separate him officially from what does personally and the City cannot absolve itself of liability, but would like to place this admonishment in the record so they are saying they don't condone that activity. Roll call: Council Member Hill - aye Vice Mayor Mauti - aye Mayor Dodd - aye Council Member Parris - aye Council Member Gilliams - nay There was a consensus to place Mayor Dodd's admonishment into the record. 11 Regular City Council Meeting June 10, 2020 Page Twelve Council Member Gilliams asked if that would be on the next agenda. Mayor Dodd said he was asking for it to be placed in the minutes. Mayor Dodd said contrary to statements made tonight, neither Mr. Carlisle nor himself are under investigation by the State Attorney's office. He also explained Vice Mayor Mauti was charged with a non -criminal violation of the Sunshine Law. Mayor Dodd said there is no such thing as a reorganization of the Council as previously stated; there is no Charter provision for that and he will remain mayor until November. He also explained the reason they didn't have any late March, April meetings was because of the coronavirus but they did hold the March 18 meeting to announce the emergency declaration and try to move the quasi-judicial hearing. He explained if they would have held the quasi-judicial hearing, it would have been illegal so the other choice was to close the meeting. He said he did the right thing legally and morally and will stand behind his decision to close that meeting. 18. Being no further business, Mayor Dodd adjourned the regular City Council meeting at 9:17 p.m. Approved at the July 8, 2020 Regular City Council Meeting. ,52 Mayor Ed o& ATTEST: LJrrtatl C nette W illiams, M MC — City Clerk 12 June 10, 2020 Council Meeting Admonish Council -member Gilliams: Council I want to see if there is consensus from the council to ask the City Attorney to draft a declaration of Admonishment by the Council for Council - member Gilliams continued references to criminal activity by past and present council -members related to the purchase and clearing of the cemetery expansion. At our February 12 2020 meeting he was admonished by the city attorney that his statements constituted defamation per se which means that the defamed party can easily win court action. The attorney also said that if the council allows him to continue these comments the council is accepting liability. At our May 27 2020 meeting Andrea Coy presented the council with a letter asking that council -member Gilliams discontinue accusing her and other former council -members of wrong -doing and alleged criminal activity concerning the purchase of the cemetery property. She indicated she will take legal action to include the city if he does not stop. Again tonight CM Gilliams has alleged criminal activity on the part of past and present council -members 1. Admonishes CM Gilliams for this continued references to criminal activity related to the cemetery expansion. 2. Indicates that CM Gilliams is not representing the position of the City of Sebastian, It's Council or the city staff. 3. That CM Gilliams is solely responsible for his comments or accusations related to this matter, which may be made in or outside of official council meetings. Manny Anon, Jr., City Attorney, Comments and Admonishment on Item 17 B City of Sebastian June 10, 2020 City Council Meeting I want to make clear for the record that Item 17 B is an item under CM Damien Gilliams' matters. It does not reflect the consensus of this board. That being said, even though I agree with a comment made earlier by a member of the public about what is the 'public purpose', I have no issues with CM Gilliams discussing his matter. However, I will caution and admonish him and any member of this board from making any defamatory comments, including but not limited to, accusations that a crime was committed by someone or implicate someone in some criminal activity that has never been proven and in fact FDLE in a report dated 6/13/19 stated that "there was insufficient evidence to open up a criminal investigation." Therefore, I will recommend to the Mayor to control the meeting accordingly and if a Point of Order is later raised, I will address the Council at that point. I will type this up and provided a copy of my comments to the City Clerk for the Record. 6 l //ref `,; § 2.09 SEBASTIAN CODE Sec. 2.09. Judge of qualifications. The Florida Division of Elections, the Florida Elections Commission (or successor state agencies) or the courts shall determine issues relating to the election and qualifications of city council members and of the grounds for forfeiture of their office. (Ord. No. 0-88-43, § 3, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-99-25, § 1, 11-3-99, election of 3-14-00; Ord. No. 0-11-14, § 2, 7-13-11, election of 11-8-11) Editor's note Section 3 of Ord. No. 0-88-43, adopted January 11, 1989, renumbered § 2.10 as § 2.09. Sec. 2.10. City council -employee relationship. Neither the city council nor any of its members shall in any manner dictate the appointment or removal of any city employee except the charter officers nor shall the city council or any of its members give orders to any employee, other than city council orders to a charter officer. The city council or its members shall implement all policy matters through the appropriate charter officer. (Ord. No. 0-88-43, § 4, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92) Editor's note See the editor's note following § 2.09. Sec. 2.11. Investigations. The city council may make investigations into the affairs of the city and the conduct of any city department, office or agency and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. (Ord. No. 0-88-43, § 8, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-11-11, § 2, 7-13-11, election of 11-8-11) Editor's note Sections 5-7 of Ord. No. 0-88-43, adopted January 11, 1989, repealed former §§ 2.11-2.13 which pertained to the city manager, city clerk and city treasurer and derived from the Charter adopted October 9, 1978, by Ord. No. 0-78-9. Sections 2.14-2.19 of the Charter were renumbered as §§ 2.11-2.16 by §§ 8-13 of Ord. No. 0-88-43. Sec. 2.12. Procedure. (a) Meetings. The city council shall meet regularly at least once a month at such times and places as the city council may prescribe by resolution. Special meetings of the city council may be held on the call of the mayor or any council member. There shall be at least twenty-four (24) hours advance notice of any special council meeting called and said meetings shall only be held after 5 p.m. If a public emergency exists any council member or charter officer may call a special meeting, and the advance notice requirement as well as the time restriction shall be waived. All city council meetings shall be public meetings, except as otherwise permitted by law. (b) Rules and journal. The city council shall determine its own rules and order of business and shall provide for keeping a journal of its proceedings. This journal shall be a public record. Supp. No. 50 CHT:10 OPINION (lead, &y CM Cza`iiar s ar I"Lme, /(J"�h CoVA i l mee+1ng We're all Americans; how about we start showing each other a little courtesy ( Opinion Laurence Reisman, Treasure Coast NewspapersPublished 12:35 p.m. ET June 8, 2020 As I searched for words to find solutions to some of the things I saw or heard over the weekend I came upon a few words from the Bible. They seemed helpful to resolve: •Reports from the community and seeing restaurants operating near full capacity (when the state's rule is 50 percent) without social distancing. -People ignoring conspicuous signs on front doors of stores politely requesting patrons to wear face coverings inside while COVID-19 is transmitted in our community. -People ignoring one-way arrows in rows of supermarkets or on the Conn Beach boardwalk in Vero Beach. -An activist condoning looting. It's to be expected, she said, because of the increasing gap between the poor and rich. -Hearing generalizations about how certain kinds of people always act this way or that way. *Hearing bogus attacks, sometimes personal, against Republicans, Democrats or anyone else you don't agree with. •Reading inaccurate claims people repeat without doing their own research to see if they're true. •Watching police in Buffalo, New York, knock to the ground a 75-year-old man, then not stop to help him. And if the person is a known provocateur -activist, should it matter? -Watching crowds trying to provoke riot police, verbally taunting them with lasers, epithets and other vile verbiage. Disrespect has been on crass display in person and on our digital devices all too often lately. Aren't we better than this? Don't like what a mural says? Paint over it, until it says what you want? Don't like racism? Demonstrate loudly and peacefully, by all means — but don't riot and loot. Not worried about COVID-19? That's fine. But respect fellow citizens by wearing a mask, at least indoors in most situations or outdoors when social distancing is not possible. Don't like wearing a mask while serving at a restaurant? That's your choice. I keep hearing from people who won't go back to your establishment. All of us are free to make choices. Our choices are limited, from a legal standpoint. We don't have the right to break the law. Don't like the law? Vote for representatives who will change it. It's one thing to question authority, but to brazenly ignore simple requests and laws? Some of the most important choices we make are how we treat other people. That's where Leviticus 19:18 comes in. Its one place in the Bible where you can find what's sometimes called the Golden Rule: "Do not seek revenge or bear a grudge against anyone among your people, but love your neighbor as yourself," it says. You might not believe in the Bible, God or a higher power, or that God said these words to Moses. You might believe Leviticus no longer is valid. But can we agree to follow at least the advice offered in the last five words of Leviticus 19:18, "Love your neighbor as yourself'? How about some other admonishments in Chapter 19, such as do not steal, lie, prevent justice, endanger your neighbor's life, commit slander or spread gossip? None of us is perfect. But can't we try a little harder and think a little more before we speak and act? Would things get better? Indian River County has one of the largest income gaps in the country. It has a racial education gap. Experts say they're related. As I wrote in 2012: "Illiteracy is the devil that destroys opportunity, that limitsjob prospects and increases the likelihood for trouble. An estimated 85 percent of juvenile offenders have reading problems. "Study after study proves communities with higher literacy rates have fewer problems, spend less time and money on reading, remediation, social services and fighting crime, etc. These communities' standards of living, as they produce a better workforce, are much better." Folks in Indian River County are trying to close that gap, from the School Board, its Equity Committee and educators, to the Learning Alliance of Indian River County, a nonprofit that helps to pay for educational programs. The School District is required to work on this — it's embarrassingly still under a 53-year-old federal desegregation order. But how can we tackle things as complicated as race and education if we can't respect each other in simple ways? Instead of tearing people down in the name of partisanship, can we respect each other? How about saying hello to your neighbor or someone you pass on the sidewalk or in the shopping center parking lot? A little, basic courtesy might go a long way. GENERAL REGULATIONS § 54-2-7.15 (b) Prohibited activity. It shall be illegal for any person, association, corporation or other entity to fill or excavate any real property in the city, without first obtaining a permit for such activity, except as exempted in section 54-2-7.15(c). It shall be illegal for any person, association, corporation or other entity to engage in permitted activity in a manner contrary to the conditions set forth in such permit. Mining is prohibited. (c) Exceptions. The following activities shall be exempt from the fill and excavation permitting requirements of this land development code: (1) Earthmoving in conjunction with the installation of a utility, wherein the excavation is to be backfilled. (2) Construction of state, federal, or local public roads and public works within the limits of public property. (3) Any activity regulated by the Florida Electrical Power Plant Siting Act, codified as sections 403.501 through 403.517, Florida Statutes (1987), and the Transmission Line Siting Act, codified as sections 403.52 through 403.536 Florida Statutes (1987), to the extent that the provisions of this code are preempted by said acts. (4) Maintenance activities undertaken by a public utility, as defined in section 366.02, Florida Statutes (1987), with regard to existing electrical power plants, reservoirs and other related activities. (5) Any excavation incidental to any authorized city development order or permit, including approved site plans, subdivision plats, preliminary development plans and/or building permits. (6) Maintenance dredging of lakes or canals. (7) Incidental filling activity on developed single-family residential property such as the placement of topsoil for a garden, and marl, gravel, shell, or other similar material for a driveway, that will not include more than 50 cubic yards in any one calendar year. (8) A pond on a single-family or duplex residential lot. (d) Fill on single-family and duplex lots. (1) Prior city approval required. No filling of a lot shall be undertaken without the prior written approval of the city engineer pursuant to article XII. (2) Criteria for land fill and drainage. During the filling of lots where there is either one or more side drainage ditches or swales, or rear drainage ditch or swale, or any combination thereof on such lot, the fill on the lot shall be sloped and contoured to properly direct the surface water to the drainage ditches or swales. Swales in the front of the lot shall also be shaped to prevent standing of water therein. Where any culvert pipe is laid under a driveway or similar installation, the pipe shall be approved by the city engineer pursuant to section 54-3-10.5(f). When sod is used in the bottom of the swale, it shall be placed below the invert of the culvert pipe. LDC7:19