Loading...
HomeMy WebLinkAbout05-14-2020 CC SP Minutesan of BAsTL4y HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL SPECIAL MEETING MINUTES THURSDAY, MAY 14, 2020 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Dodd called the Special Meeting to order at 6:00 p.m., explained how the Zoom audience would be participating by computer and pointed out the new contactless microphone. A moment of silence was held. Council Member Parris lead the Pledge of Allegiance. 4. Mayor Dodd read the Civility Pledge. ROLL CALL Mayor Ed Dodd Vice Mayor Charles Mauti Council Member Damien Gilliams Council Member Jim Hill Council Member Pamela Parris (via Zoom) Also Present: City Manager Paul Carlisle City Attorney Manny Anon, Jr. City Clerk Jeanette Williams 6. RESOLUTION NO. R-20-06 — RELATING TO EMERGENCY MANAGEMENT, COVID- 19 — LOCAL GOVERNMENT PUBLIC MEETINGS. QUORUM. PROCEDURES AND OTHER MATTERS (Transmittal. R-20-06) 20.054 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RELATING TO EMERGENCY MANAGEMENT, COVID-19 — LOCAL GOVERNMENT PUBLIC MEETINGS QUORUM, PROCEDURES AND OTHER MATTERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS' AND PROVIDING FOR AN EFFECTIVE DATE The City Attorney read the title to Resolution No. R-20-06. Mayor Dodd stated the Governor's Emergency Declaration provided that government bodies could use electronic means to establish a quorum however it did not relieve the government from the responsibility to allow public input. Through discussion by the majority of municipal attorneys, procedures could be established by resolution to accept input from citizens through electronic means. This resolution provides specific stipulations on how the City of Sebastian will hold public meetings. May 14, 2020 Special City Council Meeting MOTION by Council Member Gilliams and SECOND by Council Member Parris to approve Resolution No. R-20-06. Roll call: Vice Mayor Mauti - aye Council Member Gilliams - aye Council Member Hill - aye Council Member Parris - aye Mayor Dodd - aye Motion carried. 5-0 �_CH:l �1171\i`fIs] 111aKIN IIlei kiRM01 a � 8. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS Brief Announcements 5125120 - Memorial Day Observance in Riverview Park— Cancelled Mayor Dodd announced the Memorial Day celebration was cancelled. He also announced Sebastian is one of the top responders to the 2020 Census and encouraged the public to continue to respond. 9. PUBLIC INPUT The City Attorney advised that everyone that would participate through the communications media technology (CMT) pursuant to the Governor's Executive Orders 20-69, 20-112, and 20-114. Municipalities may conduct Council meetings without having quorum of its members present physically; and at any location, utilizing CMT. He wanted the public to know the agendas will be published ahead of time of the meetings as well the ways to participate. He also cited Executive Order 20-112 which states groups greater than 10 shall not congregate in a place that does not allow the appropriate social distancing but pointed out the arranged room and courtyard provides for compliance with the order. He encouraged anyone with questions or special accommodation to contact the ADA Coordinator. Christopher Nunn, Sebastian, thanked Mayor Dodd, Council Member Hill, the City Attorney and Manager for their hard work and leadership. He said during the state of emergency some despicable things have transpired and as a result a local group of residents want competent and moral leadership for the City. Council Member Gilliams asked the speakers to give their name and address to determine if they were residents. Timothy Cole, Sebastian, read a statement from Annie Tally which said out of the total number electors that voted for Mr. Gilliams, only 8-9% of the total registered voters put him in office; she was asking him to resign. Mr. Cole thanked Mayor Dodd for his calmness and integrity. He noted that as elected officials, Council Members Gilliams, Parris and Mauti worked for him and they were fired. Sharon Herman, Sebastian, said citizens are out of work, businesses have lost income, tax collection is down, there is decreased spending and on the other hand there are increased City expenses to provide protection from the coronavirus in addition to attorney's fees due to the recent Council Member's actions; she asked how much revenue the City is losing. May 14, 2020 Special City Council Meeting 2 Mayor Dodd cited the meeting procedures from Resolution No. R-20-02, Section 8(B)(3) personal, impertinent, and slanderous remarks are not allowed and asked the audience to talk about issues or topics as they address Council. William Flynn, Main Street, thanked the Mayor and Attorney for the fantastic job over the years. He asked what the emergency was to hold tonight's meeting; he stated the residents deserve better. Victor Young, Ash Street, stated he is a member of concerned Sebastian voters who are afraid to speak but they are watching all actions and behavior of the members. He stated because of their Sunshine Law violation, Council Members Gilliams, Parris and Mauti will soon be removed from office. He asked them to resign and save the City the expense. Charles Stadelman said what they are experiencing is a failure to communicate that ends up in a failure of what they are trying to accomplish. He asked what their reason was to for their failure to communicate. Woody Tally, Sebastian, said while Florida is under a state of emergency, Council Member Gilliams had to lock the doors to become mayor (on April 22). He noted when someone locks the door it means someone is doing something wrong; he appreciated his right to speak. Council Member Gilliams stated the doors automatically locked. Mayor Dodd noted he was at the April 22 meeting and the doors were locked. Because of pending litigation, further discussion discontinued. Elizabeth Best, Easy Lake, said she was at the April 22 meeting where the actions of three council members on demonstrated the disrespect for the institution of city council and self-serving motivation. She encouraged the members to put aside their differences and serve the 25,000 people they represent who do not want the City Manager, City Attorney and Mayor to change. She asked them to resign before they are removed. Kim Jones, resident, stated Sebastian was her town and how dare the coup overtake their speaking ability; she will stand firmly to make sure they won't take it over. Vicky Tunker, Sebastian, said at the March 18 meeting every Council Member agreed if the State of Emergency was still in effect there would be no meeting; April 22 didn't work out that way and she was very ashamed. She applauded the Mayor, City Attorney and Manager for their decorum. Steven Housen, Sebastian, said he looked at the agenda which does not deal with any life threatening issues or public peace, he asked why they were there. He said he took offense by a Council Member's e-mail stating the public is not educated and didn't understand how to participate. He said they may be opening the doors for more lawsuits. Michael Frank, Tarpon Avenue, said this is a dangerous time for the world, country and the City; tonight's meeting should not be happening as there was not one emergency issue to be addressed; residents are home trying to protect themselves, while three Council Members try to remove honorable city officials. He asked Vice Mayor Mauti to do the right thing. May 14, 2020 Special City Council Meeting 3 7:18 pm Judy Bartlett said the State of Emergency should stay in place; the three members are creating more expenses for the taxpayers and asked Council Member Gilliams, Parris and Mauti to resign. Tracey Cole, resident, said she was thankful to see the Council Members face to face to let them know she is disgraced by their actions. She said she will work 16 hours a day to make sure the residents are heard. Russell Herrmann, 586 Redwood Court, said the three majority members elected last November ran and won on a reformed agenda indicating serious changes were coming regarding the annexation, the canal spraying, and transparency in government decisions. The recall group's attack is a distraction from what matters. Bob Bedea, Sebastian, pointed to his shirt that said "Be Love" and said he hasn't seen love tonight. Michelle Morris asked the Council Members to stop making things personal, stop listening to the people they want to listen to, hear what they want hear --be respectful professional, do what they were elected to do. She asked them not to fire people without cause or limit public input to only residents. She said she loved Sebastian and if they wanted honest answers to questions to look her up, this was their chance to get back on track and do what is right for Sebastian. Andrea Coy, Sebastian, thanked Michelle Morris who gave 33 years of service to the City. In regard to the April 22 secret meeting, she found it remarkable that Council Member Parris was going to be on Zoom but she was there; and tonight she was a Zoom participant. Council Member Gilliams called for a point of order. Mayor Dodd asked Ms. Coy to direct her marks to the chair. She displayed her Army uniform in response to a statement in Council Member Gilliams correspondence regarding the April 22 meeting. (See attached) She described the medals that she has received and stated she would bring the uniform to each and every meeting until Council Member Gilliams apologized. She displayed an arrest photo to which she said was a disgrace. Vera Render, Mulberry Street, said she was ashamed, appalled and outraged at behavior she has seen during the last Council meetings. She asked Council to represent the entire population of the City of Sebastian. Shannon Cook said before purchasing a piece of property in 2017 he asked permission to recycle automobiles on the property and was told it would be allowed but he is still waiting. He requested another chance to be heard to recycle automobiles on his property. Al Manzi, Sebastian, said he has voter's remorse; he was disappointed in Council Member Gilliams and those who follow him. Greg Hepler, owner of the Pelican Diner, resident at 1291 Barber Street, asked why Council wants to terminate the three employees and how much will the termination cost given their severance provisions. He noted there are younger voters watching who consider them childish. May 14, 2020 Special City Council Meeting 4 Christine Vicars, 729 George Street, said she has never seen the nonsense that is going on; Council serves and listens to the people, as well as the community as a whole. She said property owners and seasonal residents should be allowed to speak on all agenda items as there is no feasible way to enforce this. Graham Cox, 1213 George Street, said he has prepared a summary of comments from six state and regional agencies regarding the Graves Brothers annexation. Mayor Dodd advised him not to discuss the matter because of pending litigation. Council Member Gilliams called for a point of order to let Dr. Cox speak. Mayor Dodd asked him to limit his remarks and not discuss the annexation itself. Council Member Gilliams called for another point of order. Mayor Dodd called for a recess at 7:38 p.m. and reconvened the meeting at 7:46 p.m. All members were present. Dr. Cox said he would like to renew the conversation regarding what the future land use could be. (See attached) Kathy Cheshire, Indian River Drive, said she was concerned about small businesses. Trey McGinn, resident, said this can't win the way it's going; the town needs its best team; if we wait for the election it will take 18 months and if it's done nothing else, it has cured voter apathy. Bob McPartlan, said when the illegal meeting was held April 22 meeting, one of the Council Members didn't even take his hat off during the Pledge of Allegiance. He has sent public records requests for the April 22 agenda, correspondence leading up to the meeting and minutes which he has not received yet. Lee Ann Harkins, Cheshire Avenue, recited some scripture and said the reason the people are standing up is because the City is their house and there are people that are trying to overturn what has been peaceful. She asked Council to hear the people. Andrea Ring, Sebastian, said there are two groups coming together that are different in every which way. She asked people to come together and do what the citizens want. ZOOM Inout Rick Ferrin said he took personal offense with the remark that residents are uneducated; noted no one was in agreement with the removal of anyone which speaks volumes. He suggested the new members should take some time to learn how procedures work, how the City works and then think about taking the City over with the resident's backing. Right now they have zero support. Ms. Childs said she has been watching for two months and in the middle of the pandemic when people don't know when they can pay their next bills she didn't think it was proper to call this meeting. Robert Stephen said the public is missing the environmental disasters the community has been experiencing; all need to sit down and talk about them. May 14, 2020 Special City Council Meeting 5 8:19 pm William Pelletier, 339 Lobster Terrace, said there are things going on that he didn't agree with; Council shouldn't be wasting time or money firing employees; the childish games don't need to be played. 10. CONSENT AGENDA A. Approval of Minutes — February 12, 2020 Workshop & Regular City Council Meeting B. Approval of Minutes - February 26, 2020 Regular City Council Meeting C. Approval of Minutes — March 18, 2020 Regular City Council Meeting 20.046 D. Resolution No. R-20-03 Abandonment of Rear Easements — Sebastian Highlands Unit 4, Lot 1, Block 121 (Transmittal, R-20-03, Site Map, Staff Report, Utility Approvals, Application) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 1 AND 2, BLOCK 121, SEBASTIAN HIGHLANDS UNIT 4; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR EFFECTIVE DATE. 20.058 E. Resolution No. R-20-05 — Adopting the Revised Indian River County Unified Local Mitigation Strategy of 2020 (Transmittal, R-20-05) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING THE REVISED INDIAN RIVER COUNTY UNIFIED LOCAL MITIGATION STRATEGY OF 2020; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY; SCRIVENER'S ERRORS; AND AN EFFECTIVE DATE. 20.059 F. Authorize the Application Process for the 2019 Edward Byrne Memorial Justice Assistance Grant (JAG) Countywide State Solicitation in the amount of $11,458.00 and Authorize the Mayor to Sign the 51% Letter for Submission to the County Commission and Approve the Expenditure Upon Grant Award (Transmittal, Notice, Information, Letter) 20.060 G. Approve Emergency Expenditure for Replacement of Asphalt Road Due to 3`d Party Sub -Contractor's Negligence (Transmittal, Settlement, Quote) 20.067 H. Approved a Construction Agreement with Indian River Docks, LLC for an ADA Accessible Dock at the Yacht Club in the Amount of $27,820 (Transmittal, Quotes, Plans) 20.063 I. Approve the Resurfacing of the Clay Tennis Courts at Friendship Park by Welch Tennis Courts, Inc. in the Amount of $23,300 (Transmittal, Quotes) Council Member Gilliams asked to pull items G and I. Council Member Hill asked to pull item C. MOTION by Council Member Gilliams and SECOND by Vice Mayor Mauti to approve consent agenda items A, B, D, E, F and H. May 14, 2020 Special City Council Meeting 6 8:24 pm Roll call: Council Member Gilliams - aye Council Member Hill - aye Council Member Parris - aye Mayor Dodd - aye Vice Mayor Mauti - aye Motion carried. 5-0 Item C - March 18 Minutes Council Member Hill read the fifth paragraph page 48: Council Member Hill suggested they wait to hold any future meetings until Florida lifts the State of Emergency noting the City Manager has the power to make necessary decisions to run the City. Mayor Dodd said the limit of 10 people expires April 15 unless the Governor decides to extend it. Council Member Gilliams said he was uncomfortable holding the meeting because the public was not present. Council Member Hill stated at the time, discussion turned to that he would be okay with Council not having meetings until the Governor lifted the 10 people per meeting limit and there were no dissenting views on that. He asked that be included in the record. Mayor Dodd agreed with modifying the minutes. Council Member Gilliams requested verbatim minutes. Council Member Parris said there wasn't a request for a vote. Council Member Hill stated it wasn't an actionable item, the entire beginning of the meeting was the discussion of the Emergency Declaration and the powers that were afforded to the City Manager at that time; it was implicitly included after the discussion that they should not have a public meeting unless the Governor lifts his order of limiting gatherings to ten people or less. Council was silent on that, there was essentially a head nod or you could call it consensus to move forward under that stipulation. Council Member Gilliams disagreed and said verbatim should be transcribed for the record. MOTION by Mayor Dodd and SECOND by Council Member Hill to table the item and have the Clerk review that paragraph back to the transcript of the meeting and correct it with verbatim passed with a unanimous voice vote of 5-0. Item G - Emeroencv Exoenditure Council Member Gilliams asked if an engineer will review the asphalt to make sure it conforms to DOT specs. The City Manager said the City Engineer will review the overlay; the company that had the spill was Ground Works. Andrea Coy, Sebastian, asked why there was a deficit. The City Manager said to account for the depreciation of the road, the City and contractor adjusted the price and split the difference. MOTION by Council Member Gilliams and SECOND by Mayor Dodd to approve Item G passed with a unanimous voice vote. 5-0 May 14, 2020 Special City Council Meeting 7 Item I — FriendshiD Park Tennis Courts Andrea Coy, Sebastian, asked why the City is keeping the costly feature that only benefits a handful of people. MOTION by Vice Mayor Mauti and SECOND by Council Member Gilliams to table this item until they receive some cost estimates of how much it would be to convert to a hard surface. Christopher Nunn asked that the estimates include the court attendant's salary, the on -going maintenance depending on what type of court it becomes. Mayor Dodd asked that the Parks and Recreation Advisory Committee be given an opportunity to provide input as well. Robert McPartlan said looking at all of the costs going forward was a great idea because most of the players were from out of the City. The tabling of Item I to resurface the clay tennis courts passed with a voice vote of 4-1. (Hill -nay) The City Attorney stated anyone that tried unsuccessfully to participate through Zoom could still provide comments for the record through the City's Citizen Request Line. 11. COMMITTEE REPORTS & APPOINTMENTS - None 12. PUBLIC HEARINGS - None 13. UNFINISHED BUSINESS 14. NEW BUSINESS 8:35 pm A. As Ordered by Judae Croom - Case No. 312020CA000275 (Order) Mayor Dodd summarized Judge Croom's ruling (pages 119-120) and noted the City Manager began the process to schedule a meeting for Monday 18 to give staff time to set up the Zoom equipment but in the interim Council Member Gilliams requested the May 14 meeting bringing them to the meeting tonight to address the following items: 20.054 i. Whether or not the Citv Council chooses to keep or terminate the state of emeraencv issued by the Mavor (Transmittal. Sebastian's Declaration. Code 2-37. F.S.166.041, EO20-112, EO20-52) MOTION by Council Member Gilliams and SECOND by Vice Mayor Mauti to terminate the emergency declaration and replace it with a resolution so the state of emergency will continue with the declaration with a few minor adjustments. Mayor Dodd said Judge Croom indicated the declaration was legal and under the Charter the Mayor approves the emergency declaration; and the two options available were to keep the declaration or cancel it. Without it, the City will be the only City out of sync with the Governor's Order and Indian River County's Emergency Declaration and the City will be the only one ineligible to receive FEMA reimbursement for the COVID-19 expenses. He further explained an interruption in a declaration will probably trigger FEMA's unwillingness to reimburse the City for anything after that date. May 14, 2020 Special City Council Meeting 8 9:01 pm He said they could modify the emergency declaration through administrative action but if it is cancelled, those who vote for it would potentially be putting the City in jeopardy for FEMA reimbursement for COVID-19 expenses and putting the City out of sync with the Governor's Emergency Order and Indian River County's Emergency Order. Mayor Dodd advised that on March 9`h the Indian River County municipal managers and County Administrator met to pull the trigger on the emergency and continue to meet to discuss how to respond in a unified, consistent manner. The City Attorney confirmed the first thing that has to happen is the President declares an emergency which opens the Stafford Act. Then the State declares an emergency, then the county, then the local governments. The local governments make the request to the County and if they cannot comply with what the local government needs, the County requests it from the State. Mayor Dodd noted the City has experienced success in receiving reimbursement for the hurricanes and suggested they pull the motion and talk about administrative action to modify the declaration. Council Member Hill said the key the FEMA reimbursement, noting he signed the last one for Hurricane Dorian; is that it is imperative to leave this in place. He said the City Manager has the authority to do the day-to-day operations without having Council meet. He did not support the cancelation of the declaration. Vice Mayor Mauti said he is open to hear from the others. Council Member Parris said she had no issues as long as Council continues to meet. Council Member Gilliams amended his motion to not to cancel the declaration but modify it by removing Item G — the cancellation or rescheduling of meeting by the City Manager and attach the resolution drafted by his (personal) attorney. Mayor Dodd asked Vice Mayor Mauti to withdraw his second for the original motion. Vice Mayor Mauti agreed to withdraw his second. Mayor Dodd explained they can't modify the document or it will be cancelled; it can be changed through administrative action. He said he was willing to direct the City Manager not to cancel any further meetings. The City Manager advised item G can be removed and he can resign the document. It takes away the fear that he might try to exercise the powers in item G. The City Attorney said he concurred with the City Manager; they were there to cancel the emergency order or continue; to make changes, the Council would still have control. He was opposed to attaching the resolution drafted by Council Member Gilliams' attorney because the ordinance (code) cannot be changed by a resolution. Council Member Gilliams read some of his resolution (pages 274 and 275). Council Member Parris seconded his motion for discussion. Andrea Coy said Council Member Gilliams' resolution was not an actionable item under his matters. She asked why Council was considering a resolution from Council Member Gilliams and his attorney who is suing Mayor Dodd. May 14, 2020 Special City Council Meeting 9 9:21 pm Christopher Nunn said Ms. Coy made all the important points and urged Council to get back to business. _? stated the FEMA reimbursement is a lot of money and as a taxpayer he asked why take the risk of losing the reimbursement; keep the order original. For the record, the City Attorney advised that only an ordinance can repeal an ordinance, not a resolution. He reviewed Council Member Gilliams' resolution which can be considered an emergency resolution but would require a four vote if that is the way Council would want to proceed. He said he concurred with the City Manager, the language in item G of the declaration could be modified but Code Section 2.37 could not be changed with Council Member Gilliams' resolution. Council Member Gilliams said his resolution spells out what is to be done when they are under the emergency declaration. Mayor Dodd said all of the items in Council Member Gilliams resolution are in the emergency declaration except for item G; and he was opposed to taking action on an item that was under Council Gilliams' matters. Council Member Parris asked if they removed item G, they would be jeopardizing FEMA reimbursement. Mayor Dodd said it would not. The City Attorney said if this was an emergency resolution, it would require four votes. He advised again that an ordinance can only amend an ordinance and the Judge ordered them to cancel the declaration or keep it. Vice Mayor Mauti said he felt better going with the City Manager's acknowledgment that item G can be removed and the document could be re -signed. ZOOM Participants Mr. Ferrin said he agreed with Ms. Coy; Council Member Gilliams seemed to have his own agenda. He said they should research this thoroughly before pushing ahead. Caroline Alter, Sebastian, said it was unnecessary to vote on something they weren't sure of at this time; they need to move forward. Amy _?_, said the City Attorney advised them not to attach the resolution to the ordinance; she stated they are risking FEMA money. Betsy Connelly said she was against any changes to declaration. She said if something put the document at risk she would call it reckless endangerment. Bob McPartlan said he works for the State of Florida, he has people log their hours they spend on the virus which are reimbursable and he was aware the police officer's hours would be reimbursable and if it is messed with, that money is gone. The City Attorney advised to remove Council Member Gilliams' resolution from his matters to become a voting item they would need a unanimous vote to add it to the agenda to make it an action item. May 14, 2020 Special City Council Meeting 10 Council Member Gilliams withdrew his original motion and made a new MOTION with a SECOND by Mayor Dodd to modify the emergency declaration to remove item G so the City Manager does not call and cancel Council meetings. Roll call: Council Member Parris - aye Mayor Dodd - aye Vice Mayor Mauti - aye Council Member Gilliams - aye Council Member Hill - nay Motion carried. 4-1 MOTION by Mayor Dodd and SECOND by Council Member Gilliams to extend the meeting until 10:00 p.m. passed with a unanimous voice vote. 20.054 ii. Anv orders issued by the Citv Manaoer from the date of the issuance of the declaration of the local state of emeroencv. and until, shall be submitted to the Citv Council for review action by the Citv Council in accordance with Section 2-37(2)c of the Municipal Code Items Approved by the Citv Manaoer in Accordance with the Citv of Sebastian Declaration of Local State of Emercencv: 20.045 Fiscal Year 2019 CRA Annual Report in Accordance with F.S.163.371 (Transmittal to County, Transmittal, Report) 20.038 Concrete Construction Service Agreement with Tim Rose Contracting, Inc. for the New Pavement Culvert Replacement/Swale Regrading Capital Project — Not to Exceed $40,000 (Transmittal, Minutes Excerpt, Price Sheet) 20.053 Emergency Purchase and Installation of (1) HVAC System for the M.I.S. Division's Server Room from Arnold Air Conditioning in the Amount of $27,160.00 (Transmittal, Quotes, Proposal) 20.061 Microsoft Enterprise Agreement to Connect to Office 365 and One Drive (Transmttal, Agreements) 20.047 The Distribution of Sebastian Police Department Forfeiture Funds to the Substance Awareness Center in Accordance with FS 932.7055 (Letter, Transmittal, F.S.932.7055, Letters) 20.068 Rent Deferral for Cruiser Aircraft, Inc. at the Sebastian Municipal Airport for the Months of April and May, 2020 (Transmittal, Agreement, Letter) 20.069 Indian River County Water and Sewer Connection Fees for the Sebastian Municipal Golf Course Club House, Restaurant, Cart Barn, Maintenance Building and Field Restrooms in the Amount of $29,547 (Transmittal, Invoice) 20.070 Acceptance of a $30,000 FAA CARES Act Grant for the Sebastian Municipal Airport for Any Related Business, to Include Salaries (Transmittal, Grant, History) May 14, 2020 Special City Council Meeting 11 20.071 Continuation of Employee Insurance Broker Services with the Gehring Group for One Additional Year (Transmittal, Letter) 20.031 Continuation of Financial Auditing Services with Rehmann Robson for One Additional Year (Transmittal, Letter) MOTION by Council Member Gilliams and SECOND by Mayor Dodd to approve the items that the City Manager has approved in accordance with the emergency declaration. Council Member Hill asked for a report from the City Manager on each of the items to let the public know that the City has been fully operational during the emergency. The City Manager briefly described each of the items. 20.072 iii. The Citv Council shall determine facts necessary as to whether there was a proper soecial meetino reouest by Mr. Gilliams and whether it was imorooerly denied as a proper reauest for a special meetino and an improper denial would constitute a violation of Article Il. Section 2.12 of the Charter. (Transmittal. E-mails. Sec. 2.12. EO20-52) 9:32 pm Council Member Hill quoted the Judge's order, "the City Council shall determine facts necessary as to whether there was a proper special meeting request by Mr. Gilliams, and where it was improperly denied as a proper request for a special meeting and an improper denial would constitute a violation of Article II, Section 2.12 of the Charter." He stated violations to the charter are extreme charges so they should do their due diligence and make sure all of the facts are on the table. He cited sections of Governor DeSantis' Executive Order 20-52. (See attached) He cited Code Section 2-37, the Mayor may declare a state of emergency and the City Manager shall be responsible for the overall emergency function of the City; stressing the City Manager shall present orders that he had issued to City Council at the earliest practical time for ratification, amendment or termination. He noted the Mayor signed the Local State of Emergency Declaration on March 17 and asked a clip of the March 18 City Council meeting play where they discussed his signing of the Declaration and the cancelling of the April 8 meeting. Council Member Gilliams objected to the playback because it was not in the agenda backup. Mayor Dodd denied his objection. Council Member Gilliams asked for a roll call vote to override Mayor Dodd's For the record, the City Attorney stated the Judge has asked Council to gather facts and a roll call vote would be inconsistent with her order. Council Member Gilliams withdrew his request for a vote on Mayor Dodd's objection to his point of order. The March 18 meeting was replayed where the Council cancelled the April 8 meeting and discussed not holding public meetings until the state of emergency was lifted. Council Member Hill stated they discussed the ratification of the declaration with no objection and provided a consensus. May 14, 2020 Special City Council Meeting 12 For the record, the City Attorney stated the Declaration does not require a vote for implementation. Mayor Dodd read #1 of the Judge Croom's order, "The Code of the City of Sebastian is plain and unambiguous and it is unaltered by the current affairs. It does allow the Mayor to declare a state of emergency in times of public emergency. Therefore, the Mayor's act in this regard does follow the law." There does not need to be a vote. He said the only vote that took place on March 18 was to move the quasi-judicial hearing to the next meeting. Council Member Gilliams said the Mayor can declare an emergency but Council has to approve it. He said he will spend more taxpayer's dollars to receive clarification. Council Member Hill said he received the April 22 agenda which included interesting items to which the public would not have the opportunity to speak on; he then read his letter in opposition to holding the meeting. (See attached) Council Member Hill then read Vice Mayor Mauti's April 19`" e-mail, Council Member Gilliams' April 215` e-mail and Mayor Dodd's April 20`" e-mail. (See attached) The time was 10:00 p.m., Council Member Gilliams requested the items under his matters be placed under New Business. Mayor Dodd said to move those items there would need to be an agenda modification. He announced this point in the agenda would be picked up Monday, May 18 and he adjourned the meeting. 20.054 iv. The City Council may enact an emergency ordinance(s) under the provisions of Article II, Section 2.13 of the Charter (Transmittal, Sec 2.13) 15. CITY ATTORNEY MATTERS 16. CITY MANAGER MATTERS 17. CITY CLERK MATTERS 18. CITY COUNCIL MATTERS A. Council Member Hill B. Council Member Parris C. Vice Mayor Mauti D. Council Member Gilliams (E-Mails, Draft Resolutions) i. Resolution to end the Mayor's Local State of Emergency ii. Resolution to issue Local State of Emergency approved by Council iii. Resolution to conduct Zoom meetings during COVID-19 State of Florida Emergency iv. Resolution to follow decision of Rowe v. City of Cocoa, 358 F.3d 800 (111n Cir. 2004) and limit public commentary during resolution discussions to City residents only. Non-residents may address the City Council at public comment time end of agenda V. Resolution on approving, denying, cancellation of any contracts entered by City Manager as of 3-17-2020 vi. Resolution to terminate the City Attorney's contract without cause vii. Resolution to appoint an interim City Attorney E. Mayor Dodd May 14, 2020 Special City Council Meeting 13 19. Adjourn (All meetings shall adjourn at 9:30 p.m. unless extended for up to one half hour by a majority vote of City Council) Approved at the July 8, 2020 Regular City Council Meeting. (V Mayor a© rd ATTEST: 46�.SlQO eteit�ia�mj, City Clerk May 14, 2020 Special City Council Meeting 14 6 ro-hkm � ox, Graves Bros. Annexation — Comments to Sebastian City Council, May 14; comments for the Public Input section of the council agenda regarding action by the community development department to request a year -long extension to the adopted comprehensive plan amendment. My name is Graham Cox. I live at 1213 George Street, Sebastian. I have prepared a summary of the comments made by six state, regional and county agencies on the Graves Bros. annexation and land use plan. The letters to the city are dated on various dates from last October, 2019. 1 have provided (by e-mail) a seven -page version of this summary to city council members and city administration, on the assumption you may have read some of the 40 pages of comments but probably not all and you do not fully appreciated what these comments could mean for the future re -thinking of the land use on the annexed property. My goal in providing this summary of the comments is to initiate a renewed, sincere discussion between the council and the city administration, the land owners, Graves Bros., the county administration and most important, the public. Focus of the discussion must be this: how can we design an outstanding land use plan and development design that can be used as a model for future development of all the properties on the south and west sides of Sebastian? The question is: what would a new community covering these former citrus groves look like, what would it feel like? And can we design something that embodies all the characteristics that have attracted people to Sebastian for the last few decades — that is, a community that is not crowded and congested, is quiet, one based on a green infrastructure, one that puts open space and community at the forefront of design. Just as important, it is designed with full and transparent participation. If we use the forty pages of comments made by the six agencies we can envision what this new community could look like and would comply with up-to-date designs and environmental standards. Chief among the comments was the fact that the city and the land owner must have an agreement with the county to provide for water supply and an agreement with the county for treating and disposing of sewage from the potential 3,932 homes and 9,000 residents. �Cfve-S-) o��.e Based on suggestions from the six agencies what design ideas should shape this project? There can be two scenarios. One is a sprawl of single family homes with roads based on the grid of drainage canals, looking something like Vero Lake Estates — dirt roads, single family one story homes, septic systems and individual wells, no cohesive neighborhoods, no shops within walking or biking distance, no useable open space, no water features that break the same-ness of lawns, and drainage ditches that offer no way out to a pond or lake. The preferred alternative is a community based on smart growth principles, one with plenty of open space, a focus on water features, a curvelinear street pattern, distinct neighborhoods, a variety of housing designs, compact building design, a mix of land uses with shops and jobs part of the neighborhoods. In short, a green design, a sustainable community, one that emphasizes livability. One in which Schools are an integral part of the design, a focus for the community's social activities. A design with a commercial center that serves the development but does not overwhelm the small town nature of the area. Most of all, we are looking for a plan that is based on up-to-date data from the census, from traffic analysis and data available from the Treasure Coast Regional Planning Council and state planning agencies. In short we are asking for the opposite of sprawl, the opposite of a grid pattern of streets based on the grid pattern of canals and drainage ditches, one that recognizes the challenges of building in the low lying flood prone topography and a design that responds to the variety of soils and ecosystem types. The main message from the six reviewer's letters when on process is simple: the city must talk to the county and when necessary ask the Treasure Coast Regional Planning Council to act as mediator between the city and the county planners. The city administration has asked for and been granted another year by the state to hold its second public hearing on this annexation and land use planning issue. Do not use the pending court decision as an excuse for inaction. We should not wait for a year to get together all the affected interests and start to prepare for an outstanding land use development plan for this Graves Bros. property. Thank you. 01 Andrea Coy From: DGilliams@cityofsebastian.org Sent: Saturday, April 18, 2020 6:57 PM To: Andrea Coy Subject: RE: Is the next City Council meeting (Mar 22) necessary or even legal? Please do yourself a favor go back and look at the videotape when you as council woman bought the cemetery and promise the community what you were going to do with the surplus property sand worth 300000 given to political friends and now you're in hiding. Shame on you . Short memories. You're WEAK! 1 GOT ELECTED TO CLEAN UP THE MESS. YOURE A DISGRACE TO THE UNIFORM. UNTIL YOU COME OUT OF HIDING AND TELL THE COMMUNITY WHAT HAPPEN ON THE CEMATARY, I HAVE NO RESPECT FOR YOU. AT LEAST I RETUN YOUR CALLS AS AN ELECTED OFFICIAL YOU DID NOT AFFORD ME THE SAME RESPECT. CALL ME ANY TIME I WILL ALWAYS TAKE YOUR CALL BECAUSE I SIGNED UP TO BE A PUBLIC SERVANT. DAMIEN 584 0602 -------- Original Message -------- From: Andrea Coy <soscoy@bellsouth.net> Date: Sat, April 18, 2020 6:15 PM -0400 To: Damien Gilliams <DGilliams@cityofsebastian.org> Subject: RE: Is the next City Council meeting (Mar 22) necessary or even legal? CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. So you are not going to address my concerns. Thanks for nothing. I will not be thanking you for endangering your constituents to satisfy your own personal vindictive pursuits. Andrea Coy -----Original Message ----- From: DGilliams@cityofsebastian.org <DGilliams@cityofsebastian.org> Sent: Saturday, April 18, 2020 6:07 PM To: Andrea Coy <soscoy@bellsouth.net> Subject: RE: Is the next City Council meeting (Mar 22) necessary or even legal? You're right come to the meeting or participate online, I will put it on the record come Wed. You will agree and thank me after the meeting it is all going to come out. Oh and by the way I am not done with the cemetery that's all coming out to. Thieves! -------- Original Message -------- From: Andrea Coy <soscoy@bellsouth.net> Date: Sat, April 18, 2020 5:59 PM -0400 To: Damien Gilliams <DGilliams@cityofsebastian.org> Subject: RE: Is the next City Council meeting (Mar 22) necessary or even legal? CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. I will not talk to you off the record and you know that. You still haven't addressed the issues in my email. If you would like to talk about the Mayor, feel free to add those comments after you address my questions. Andrea Coy -----Original Message ----- From: DGilliams@cityofsebastian.org <DGilliams@cityofsebastian.org> Sent: Saturday, April 18, 2020 5:40 PM To: Andrea Coy <soscoy@bellsouth.net> Subject: RE: Is the next City Council meeting (Mar 22) necessary or even legal? Please call me I would like to tell you what your Mayor does to his fellow council members behind the scenes. I promise to be civil. I know you will not call. Damien 584 0602 -------- Original Message -------- From: Andrea Coy <soscoy@bellsouth.net> Date: Sat, April 18, 2020 5:16 PM -0400 To: Damien Gilliams <DGilliams@cityofsebastian.org> Subject: RE: Is the next City Council meeting (Mar 22) necessary or even legal? CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. OK, so change the date to April and kindly answer the questions. Andrea Coy -----Original Message ----- From: DGilliams@cityofsebastian.org <DGilliams@cityofsebastian.org> Sent: Saturday, April 18, 2020 4:32 PM To: Andrea Coy <soscoy@bellsouth.net> Subject: Re: Is the next City Council meeting (Mar 22) necessary or even legal? Good afternoon I thought the meeting was April 22nd if you got the time read the governor's executive order on media online that's why there's new people on city council they take time to read the documents -------- Original Message -------- From: Andrea Coy <soscoy@bellsouth.net> Date: Sat, April 18, 2020 12:56 PM -0400 To: Ed Dodd <CDodd@CityofSebastian.org>, Charles Mauti <CMauti@cityofsebastian.org>, Jim Hill <JHill@CityofSebastian.org>, Damien Gilliams <DGill iams@cityofsebastian.org>, Pamela Parris <PParris@cityofsebastian.org>, Paul Carlisle <pearlisle@cityofsebastian.org>, Jeanette Williams <jwilliams@cityofsebastian.org>, Manny Anon <Manon@cityofsebastian.org> CC: Andrea Coy <soscoy@bellsouth.net>, Tracey Cole <ts2thankful@gmail.com>, mikegoodfellow@bellsouth.net, jabegley@aol.com, Iarry.Reisman@scripps.com, 'Russ Lemmon' <russ@lemmonlines.com>, "'Mike Winikoff, Hometown News"' <mwinikoff@hometownnewsmediagroup.com>, info@sebastiandaily.com, 'Marcus Lim' <marcus@knowhere.ai>, samanthabaita@bellsouth.net, miltthomas@aol.com Subject: Is the next City Council meeting (Mar 22) necessary or even legal? CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Dear Mayor Dodd, Vice -Mayor Mauti and City Council, City Manager, City Attorney, and City Clerk, Attached is the current FL Statute concerning public access to meetings. Please note Chap 286.0114(2) states, "The opportunity to be heard is subject to rules or policies adopted by the board or commission." I would like to see the record of the public meeting where the board (City Council) adopted the awkward and untried procedures you are forcing upon the public in order to address the issues on the heavily loaded May 22, 2020 agenda. Many of us are wondering how we would have missed such an important meeting that deals with procedures for limiting and changing public access to meetings. Please provide documentation of the City Council's meeting (decision) to adopt new procedures for public access and input. Item 6 suggests a circuit court injunction is possible if needed to enforce the provisions of this state statute. I will be asking the State Attorney's office to look into this on Monday. I really hope this won't be necessary to bring this to the attention of law enforcement. You all caused this https://linkprotect.cudasvc.com/url?a=https%3a%2f%2finess.you&c=E,1,X4d5Dafij ogsp2_VmeKkINo6T4DgKThpTZB3KnBxlsrX7Qofk5kdW8HzOnY2mggEPvdRIWj8uYHF5boQyJIV zlKpznhC5HRn2LeWJORzteiniZsHtki&typo=1 all can fix it by cancelling the meeting and establishing emergency operation priorities and procedures for conducting business during a State and Federal emergency in accordance with Chapter 286.0114. Our City, our County, our State, and our Nation is in an officially declared state of emergency. Why are you conducting unnecessary business during a state of emergency? All of your constituents are suffering social, financial, medical, and emotional issues and you are acting like it is business as usual. It's pretty clear that Vice -Mayor Mauti, Councilmember Gilliams, and Councilmember Parris are only concerned with personal power grabs and personal gain. The general health and welfare of the community should always be the number one priority for City Council. Why are you risking our well- being for business items that can be put on hold with no adverse consequences? Shame on our City. Shame on each and every one of you. Stop playing games with our lives. Cancel the March 22 meeting until you have legally established rules and procedures for public access and input during emergencies and then only deal with items that pertain to and are affected by the emergency. Thank you, Andrea Coy 501 Palm Avenue Sebastian, FL 32958 soscoy@bellsouth.net RP fc� Cl rv.t kv STATE OF FLORIDA OFFICE OF THE GOVERNOR EXECUTIVE ORDER NUMBER 20-52 (Emergency Management - COVID-19 Public Health Emergency) WHEREAS, Novel Coronavirus Disease 2019 (COVID-19) is a severe acute respiratory illness that can spread among humans through respiratory transmission and presents with symptoms similar to those of influenza; and and WHEREAS, in late 2019, a new and significant outbreak of COVID-19 emerged in China; WHEREAS, the World Health Organization previously declared COVID-19 a Public Health Emergency of International Concern; and WHEREAS, in response to the recent COVID-19 outbreak in China, Iran, Italy, Japan and South Korea, the Centers for Disease Control and Prevention ("CDC') has deemed it necessary to prohibit or restrict non -essential travel to or from those countries; and WHEREAS, on March 1, 2020, I issued Executive Order number 20-51 directing the Florida Department of Health to issue a Public Health Emergency; and WHEREAS, on March 1, 2020, the State Surgeon General and State Health Officer declared a Public Health Emergency exists in the State of Florida as a result of COVID-19: and WHEREAS, on March 7, 2020, I directed the Director of the Division of Emergency Management to activate the State Emergency Operations Center to Level 2 to provide coordination and response to the COVID-19 emergency; and WHEREAS, as of March 9, 2020, eight counties in Florida have positive cases for COVID-19, and COVID-19 poses a risk to the entire state of Florida; and WHEREAS, the CDC currently recommends community preparedness and everyday prevention measures be taken by all individuals and families in the United States, including voluntary home isolation when individuals are sick with respiratory symptoms, covering coughs and sneezes with a tissue and disposal of the tissue immediately thereafter, washing hands often with soap and water for at least 20 seconds, using of alcohol -based hand sanitizers with 60%-95% alcohol if soap and water are not readily available and routinely cleaning frequently touched surfaces and objects to increase community resilience and readiness for responding to an outbreak; and WHEREAS, the CDC currently recommends mitigation measures for communities experiencing an outbreak including staying at home when sick, keeping away from others who are sick, limiting face-to-face contact with others as much as possible, consulting with your healthcare provider if individuals or members of a household are at high risk for COVID-19 complications, wearing a facemask if advised to do so by a healthcare provider or by a public health official, staying home when a household member is sick with respiratory disease symptoms if instructed to do so by public health officials or a health care provider; and WHEREAS, as Governor, I am responsible for meeting the dangers presented to this state and its people by this emergency. NOW, THEREFORE, 1, RON DESANTIS, as Governor of Florida, by virtue of the authority vested in me by Article IV, Section (1)(a) of the Florida Constitution, Chapter 252, Florida Statutes, and all other applicable laws, promulgate the following Executive Order to take immediate effect: Section 1. Because of the foregoing conditions, I declare a state of emergency exists in the State of Florida. 2 Section 2. I designate the Director of the Division of Emergency Management ("Director") as the State Coordinating Officer for the duration of this emergency and direct him to execute the State's Comprehensive Emergency Management Plan and other response, recovery, and mitigation plans necessary to cope with the emergency. Additionally, I designate the State Health Officer and Surgeon General as a Deputy State Coordinating Officer and State Incident Commander. Pursuant to section 252.36(1)(a), Florida Statutes, I delegate to the State Coordinating Officer the authority to exercise those powers delineated in sections 252.36(5)-(10), Florida Statutes, which he shall exercise as needed to meet this emergency, subject to the limitations of section 252.33, Florida Statutes. In exercising the powers delegated by this Order, the State Coordinating Officer shall confer with the Governor to the fullest extent practicable. The State Coordinating Officer shall also have the authority to: A. Seek direct assistance and enter into agreements with any and all agencies of the United States Government as may be needed to meet the emergency. B. Designate additional Deputy State Coordinating Officers, as necessary. C. Suspend the effect of any statute, rule, or order that would in any way prevent, hinder, or delay any mitigation, response, or recovery action necessary to cope with this emergency. D. Enter orders as may be needed to implement any of the foregoing powers; however, the requirements of sections 252.46 and 120.54(4), Florida Statutes, do not apply to any such orders issued by the State Coordinating Officer; however, no such order shall remain in effect beyond the expiration of this Executive Order, to include any extension. Section 3. 1 order the Adjutant General to activate the Florida National Guard, as needed, to deal with this emergency. tl Section 4. 1 find that the special duties and responsibilities resting upon some State, regional, and local agencies and other governmental bodies in responding to the emergency may require them to suspend the application of the statutes, rules, ordinances, and orders they administer. jj=ft= issue the following authorizations: A. Pursuant to section 252.36(1)(a), Florida Statutes, the Executive Office of the Governor may suspend all statutes and rules affecting budgeting to the extent necessary to provide budget authority for state agencies to cope with this emergency. The requirements of sections 252.46 and 120.54(4), Florida Statutes, do not apply to any such suspension issued by the Executive Office of the Governor; however, no such suspension shall remain in effect beyond the expiration of this Executive Order, to include any extension. B. Each State agency may suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business or the orders or rules of that agency, if strict compliance with the provisions of any such statute, order, or rule would in any way prevent, hinder, or delay necessary action in coping with the emergency. This includes, but is not limited to, the authority to suspend any and all statutes, rules, ordinances, or orders which affect leasing, printing, purchasing, travel, and the condition of employment and the compensation of employees. For the purposes of this Executive Order, "necessary action in coping with the emergency" means any emergency mitigation, response, or recovery action: (1) prescribed in the State Comprehensive Emergency Management Plan ("CEMP"); or (2) ordered by the State Coordinating Officer. The requirements of sections 252.46 and 120.54, Florida Statutes, shall not apply to any such suspension issued by a State agency; however, no such suspension shall remain in effect beyond the expiration of this Executive Order, to include any extensions. 4 C. In accordance with section 465.0275, Florida Statutes, pharmacists may dispense up to a 30-day emergency prescription refill of maintenance medication to persons who reside in an area or county covered under this Executive Order and to emergency personnel who have been activated by their state and local agency but who do not reside in an area or county covered by this Executive Order. D. In accordance with section 252.38, Florida Statutes, each political subdivision within the State of Florida may waive the procedures and formalities otherwise required of the political subdivision by law pertaining to: 1) Performance of public work and taking whatever prudent action is necessary to ensure the health, safety, and welfare of the community; however, political subdivisions are cautioned against entering into time and materials contracts without ceiling as defined by 2 CFR 200.3180) or cost plus percentage contracts as defined by 2 CFR 200.323(d); 3) Incurring obligations; 4) Employment of permanent and temporary workers; 5) Utilization of volunteer workers; 6) Rental of equipment; 7) Acquisition and distribution, with or without compensation, of supplies, materials, and facilities; and, 8) Appropriation and expenditure of public funds. E. All State agencies responsible for the use of State buildings and facilities may close such buildings and facilities in those portions of the State affected by this emergency, to the extent necessary to meet this emergency. I direct each State agency to report the closure of any State 5 building or facility to the Secretary of the Department of Management Services. Under the authority contained in section 252.36, Florida Statutes, I direct each County to report the closure of any building or facility operated or maintained by the County or any political subdivision therein to the Secretary of the Department of Management Services. Furthermore, I direct the Secretary of the Department of Management Services to: 1) Maintain an accurate and up-to-date list of all such closures; and, 2) Provide that list daily to the State Coordinating Officer. Section 5. I find that the demands placed upon the funds appropriated to the agencies of the State of Florida and to local agencies are unreasonably great and the funds currently available may be inadequate to pay the costs of coping with this emergency. In accordance with section 252.37(2), Florida Statutes, I direct that sufficient funds be made available, as needed, by transferring and expending moneys appropriated for other purposes, moneys from unappropriated surplus funds, or from the Budget Stabilization Fund. Section 6. All State agencies entering emergency final orders or other final actions in response to this emergency shall advise the State Coordinating Officer contemporaneously or as soon as practicable. Section 7. Medical professionals and workers, social workers, and counselors with good and valid professional licenses issued by states other than the State of Florida may render such services in Florida during this emergency for persons affected by this emergency with the condition that such services be rendered to such persons free of charge, and with the further condition that such services be rendered under the auspices of the American Red Cross or the Florida Department of Health. 0 Section 8. All activities taken by the Director of the Division of Emergency Management and the State Health Officer and Surgeon General with respect to this emergency before the issuance of this Executive Order are ratified. This Executive Order shall expire sixty days from this date unless extended. ATTES' � RETARY OF STAT � IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Florida to be affixed, at Tallahassee, this 9th day of 7 &OIL 0� 04 ` Sec. 2-37. - Public emergencies; mayor to declare states of emergency. Duties of mayor, city manager, city council during emergencies: (1) In accordance with Section 2.06(b) of the Charter of the City of Sebastian and Chapter 870.043 Florida Statutes, the mayor may in times of public emergency, or imminent threat thereof, declare a state of emergency within the boundaries of the city or in any portion thereof and invoke the provisions of F.S. §§ 870-041-870.047, inclusive, as the same may be renumbered or amended from time to time. The city council may terminate a state of emergency at any lime. (2) a. The city manager shall be responsible for the overall emergency management function of the city, shall prepare and maintain the city's emergency management plan, shall coordinate with Indian River County and shall keep the mayor and the city council advised of any action. b. The city manager shall utilize any available means to give the public notice of the declaration of a state of emergency and the specific requirements therein. c. The city manager may issue such orders as are immediately necessary for the protection of �/ life and property; provided, however, that any such orders shall at the earliest pr ctic bleAG time, be presented to the city council for ratification, confirmation, amenirmenr o� termination. (3) If, due to a disaster or emergency, it becomes impossible for the city council to meet at City Hall, the council may meet upon the call of the mayor or any city councilmember at any other place within the city until city hall is sufficiently repaired to resume meetings there. All reasonable attempts must be made to comply with the Sunshine Law and the Public Records Law of the State of Florida. (Ord. No. 0-15-07, § 1, 10-14-15) 130 of 277 LmOF SEBASTIAN HOME OF PELICAN ISLAND CITY OF SEBASTIAN DECLARATION OF LOCAL STATE OF EMERGENCY WHEREAS, Chapter 252.38, Florida Statutes, gives authority to duly constituted municipalities to declare a State of Local Emergency in order to provide for the health and safety of persons and property; and WHEREAS, by virtue of Section 2-37 of the Code of the City of Sebastian, the power to declare a Local State of Emergency is vested in the office of the Mayor, and; WHEREAS, on March 1, 2020, the 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 9, 2020, the Governor of the State of Florida issued Executive Order 20-52, declaring that a state of emergency exists in the State of Florida by reason of COVID-19; and WHEREAS on March 13, 2020, President Donald Trump proclaimed that the COVID-19 outbreak in the United States constitutes a National Emergency beginning March 1, 2020; and WHEREAS on March 17, 2020, Indian River County declared a local state of emergency exists in all of Indian River County. NOW, THEREFORE, as Mayor the City of Sebastian, I hereby declare a State of Local Emergency in the City of Sebastian that will continue for the period of time in conjunction with the State of Florida Declaration unless otherwise canceled by the city council and includes the following area(s): a) The recalling or reassigning of City employees from vacation, canceling days off and mobilizing all personnel required for disaster response; b) The suspension of normal leasing and bid procedures to procure space, structures or other items under their normal authority for disaster response; c) The procurement of supplies, equipment, and services without formal bidding procedures; d) The closing to the public of public places including streets, alleys, public ways, parks amusement areas and public buildings; e) The prevention of price gouging for any essential commodity, dwelling unit, or storage facility; f) The conservation of water supplies; and g) The cancellation or rescheduling of City meetings. COVID -19 Initial Page 1 .a Pursuant to this Declaration, 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. Enacted: Signed by Mayor: "I .O iPJ Date: S I I -gc Time: C-7 : 3k P Witness: �I�f WA&ZIAOL4 Cancelled: Signed by Mayor: Time: Witness: COVID -19 Initial(, Date: -- — - -- -- - -Paget — -