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HomeMy WebLinkAbout05-18-2020 CC SP MinutesLID Q SEBAST" HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL SPECIAL MEETING HELD MAY 14, 2020 CONTINUED MAY 18, 2020 — 6:00 PM MINUTES CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Dodd called the continuation meeting of the May 14 to order at 6:00 p.m. He announced that Governor DeSantis has reopened Florida under Phase 1 allowing gyms and restaurants to reopen. He asked the public to go out and support the businesses if they feel comfortable. 2. Mayor Dodd asked for a moment of silence for those who are sick and that have died because of the COVID-19 virus and for first responders, medical personnel and all those that put themselves in harm's way; in addition to those who are suffering economically because of the virus. 3. The Pledge of Allegiance was recited. 4. The Civility Pledge was read. 5. ROLL CALL Mayor Ed Dodd Vice Mayor Charles Mauti Council Member Damien Gilliams Council Member Jim Hill Council Member Pamela Parris Also Present: City Manager Paul Carlisle City Attorney Manny Anon, Jr. City Clerk Jeanette Williams 20.0546. RESOLUTION NO. R-20-06 — RELATING TO EMERGENCY MANAGEMENT, COVID-19 — LOCAL GOVERNMENT PUBLIC MEETINGS, QUORUM, PROCEDURES AND OTHER MATTERS (Transmittal, R-20-06) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RELATING TO EMERGENCY MANAGEMENT, COVID-19 — LOCAL GOVERNMENT PUBLIC MEETINGS QUORUM, PROCEDURES AND OTHER MATTERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS' AND PROVIDING FOR AN EFFECTIVE DATE AGENDA MODIF,FATIOyS Modifications for a itions require unanimous vote of City Council members 8. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS Brief Announcements 5125120 - Memorial Day Observance in Riverview Park — Cancelled 9. PUBLIC INPUT 10, CONSENT AGENDA A. Approval of Minutes - February 12, 2020 Workshop & Regular City Council Meeting B. Approval of Minutes - February 26, 2020 Regular City Council Meeting 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) 11. COMMITTEE REPORTS & APPOINTMENTS May 18, 2020 Special City Council Meeting (Continued from May 14, 2020) 2 City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 12. PUBLIC HEARINGS - None 13. UNFINISHED BUSINESS 14. NEW BUSINESS A. As Ordered by Judoe Croom - Case No. 312020CA000275 (Order) 20.054 i. Whether or not the City Council chooses to keep or terminate the state of emergency issued by the Mayor (Transmittal, Sebastian's Declaration, Code 2-37, F.S.166.041, EO20-112, EO20-52 20.054 ii. Any orders issued by the City Manager from the date of the issuance of the declaration of the local state of emergency, and until, shall be submitted to the City Council for review action by the City Council in accordance with Section 2-37(2)c of the Municipal Code. Items Approved by the City Manaoer in Accordance with the Citv of Sebastian Declaration of Local State of Emeraencv: 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 18, 2020 Special City Council Meeting (Continued from May 14, 2020) 3 20.071 Continuation of Employee Insurance Broker Services with the Gehring Group for One Additional Year (Transmittal, Letter) 20.031 Continuation of Financial Auditing Services with Rehmann Robson for One Additional Year (Transmittal, Letter) CONTINUE HERE: Mayor Dodd asked that as each member presenting their facts to submit their reference material to the Clerk for the record. 20.072 iii. The Citv Council shall determine facts necessary as to whether there was a Drooer special meetina reauest by Mr. Gilliams and whether it was imorooerly denied as a Drooer reauest for a special meeting and an improper denial would constitute a violation of Article II. Section 2.12 of the Charter. (Transmittal, E-mails. Sec. 2.12. EO20-52) Council Member Hill's Findinas of Fact Council Member Hill said he was going to start at the beginning because it's important when they have accusations against anyone for Charter violations that is something to take serious. He read this title of the Judge's order and stated he was going to do this as a time line issue. He read the attached highlighted sections of the attached following documents: Governor's Executive Order 20-52 City Code Section 2-37- Public Emergencies; Mayor to Declare States of Emergency The City of Sebastian Declaration of Local State of Emergency He played the March 18 City Council meeting where Council discussed the cancellation of the April 8th meeting and not holding a public meeting until the state of emergency was lifted. (verbatim excerpt attached) At this meeting, Council Member Hill noted the Mayor signed the declaration and the code states the City Manager shall present amendments to Council at the earliest practical time which was the next day, March 18. There was no objection for the City Manager to cancel or postpone the meeting on April 22nd He said Council received the agenda for the April 22nd Meeting on April 171h while the state was still under the emergency and it was understood if the restrictions were not lifted, Council would not meet. He cited the agenda items which he felt were non -essential for City operations and noted some of the items would require the ability for the public to respond so he drafted an e-mail to the City Manager opposing the meeting. On April 19'h, the City Manager received an e-mail from the Vice Mayor requesting the agenda be moved to the next meeting when the public could be present. On April 191h, Council Member Gilliams sent an e-mail to not cancel the meeting. On April 22"d, Mayor Dodd wrote an e-mail to request the cancellation of the meeting May 18, 2020 Special City Council Meeting (Continued from May 14, 2020) 4 On April 201h, Council Member Gilliams sent an e-mail to request an emergency meeting but there was already a regular meeting scheduled. He noted there are no charter provisions to change a regularly scheduled meeting to an emergency meeting. On April 21s`, Council Member Gilliams wrote, "... If there is any attempt to cancel this City Council meeting I want to exercise my right for a special emergency meeting within the 24 hour notice. And that also includes the emergency declaration clause as well... " The City Manager responded that he understood but the meeting was not called for. Council Member Hill said the City Manager postponed the April 22"d meeting through an e- mail at 2:35 p.m. and carried all of the items to the next regularly scheduled meeting. Council Member Gilliams responded that he was in receipt of this notice. There was a meeting that took place on April 22 which had nothing to do with the fact finding except all of the Charter Officers were fired, and the Mayor replaced. The next morning the Charter Officers came to work but they did not know their status, and 15 minutes before Council Member Gilliams held a press conference, he asked for a special meeting. He stated the only thing the Officers could do was hire an attorney and try to figure out what is going on. He pointed out the mentality and thinking of the Charter Officers on the 23`d just before his asking for a meeting can't be considered a legitimate request for a special meeting because they didn't know if they were still employed. He understood the reason for them to get an attorney. On Friday April 24, the City Manager wrote to Council informing them that the requested meeting scheduled for April 24 was cancelled as well as all Council meetings until the current restrictions are lifted by the Governor. He stated to the public that Council wants to work for them but in a safe way. On Tuesday, May 12`h Council Member Gilliams wrote to the City Clerk to request a meeting and that meeting took place per the request in following the Charter. It is clear there was no violation of the Charter, it is clear that Council wanted to meet, and it is clear that there were some nefarious actions taking place to look try to make it look like there were some violations of the Charter but the facts as laid out show there were no violations of the Charter. Vice Mavor Mauti's Findinas of Fact Vice Mayor Mauti said that he has not had the time to complete the fact finding. He apologized to the public for the actions he has taken. Council Member Parris' Findinas of Fact Council Member Parris said prior to April 22"d it was confusing, she felt strongly that meetings needed to be held, Judge Croom ordered the April 22"d meeting; she was confused about the authority given to the City Manager as far as cancelling meetings. She said she hasn't hired an attorney because she believes she hasn't violated anything. She expected the facts to keep coming to the table so she could get clarification; it is important to continue to hold meetings through communications media technology; she hoped to come to a peaceful resolution. May 18, 2020 Special City Council Meeting (Continued from May 14, 2020) 6:41 pm Council Member Gilliams' Findinas of Fact Council Member Gilliams moved to strike Jim Hill's comments. He turned the overhead projector on and began to display documents. (See attached) He said he took the oath to uphold the Charter and the Constitution which is what Council Members Mauti and Parris did. The reason he wants to have meetings during the pandemic is because everybody was having meetings but Sebastian; not having meetings was how they are going to steal power under a false declaration. He displayed the County's emergency proclamation which attaches a resolution to tighten things up so when the power is turned over, the County Administrator follows the details of the resolution which is what he wanted to add to Sebastian's declaration. He said the City Manager became a councilman on March 17'h noting there are certain things he has to abide by such as the Sunshine Law. Mayor Dodd asked him not to make personal comments Council Member Gilliams said Item G, the cancellation or rescheduling of meetings is not in the County's resolution. He said when he tried to do a special meeting, they didn't want to do it because of the pandemic but it was okay to leave the golf course, pickleball and boat ramps open. He said the declaration would go down in history as a fraud. Council Member Gilliams cited Charter Section 2.06 (b) whereby the Mayor shall preside but not possess veto power. He said that section put him, as well as the City Attorney and City Manager (since the emergency declaration makes him a council member) in violation of the Charter and the Sunshine Law. Council Member Hill asked Mayor Dodd to request that facts be discussed Council Member Gilliams cited Charter Section 2.12 Procedures. noting he called for a special meeting on April 22 but was denied. He displayed document #5 - Code Section 2.12(c) Voting. noting action of the City Council shall be valid or binding with three affirmative votes. He also displayed the emergency ordinance code stating an emergency ordinance is needed before the next hurricane. He displayed the City Manager's job description noting it states the manager is to work closely with Council, not the Mayor, as determined by the policies and direction of City Council. He displayed the Governor's Executive Order 20-69 which was stamped March 20 dated two days after Sebastian's Emergency Declaration. He suggested the Mayor had direct knowledge that technology meetings would be allowed but he was trying to cancel meetings at the March 18 meeting. Council Member Gilliams displayed Judge Croom's order and stated, "I was not going let you guys hijack our Charter and our community and not allow us to have meeting so that you can get your business done. I was not going to allow that." He read the Judge's order. May 18, 2020 Special City Council Meeting (Continued from May 14, 2020) 6 7:10 pm 7:17 pm He displayed document 10 - April 20`h e-mail from Mayor Dodd asking to cancel the April 22 meeting. Council Member Gilliams said that Mayor Dodd didn't want the meeting because Vice Mayor Mauti was going to ask him to rescind his position as mayor. Council Member Gilliams said if he didn't have the confidence of his peers, he would do the right thing and step down. He displayed the following e-mails: -Council Member Hill's April 17`h e-mail requesting the meeting cancellation -His April 21" e-mail asking the City Manager to have a special emergency meeting within 24 hours if there was any attempt to cancel the April 22 meeting -His April 20" e-mail putting the officers on notice that he wanted a special meeting on April 22 -His April 19"' e-mail asking that the April 22 meeting not be cancelled -City Manager's 21s` e-mail stating he understands the Charter allows Council Members to request emergency meetings -City Manager's April 22 e-mail Council Member Gilliams said there was plenty of notice to advertise the special meeting but he said there was a plan to cancel the meeting three hours before so there wouldn't be time to notice everybody. He displayed two more e-mails. In regard to the void ab initio April 22 Id meeting, he said the public was in attendance, the room was at capacity, the meeting was videotaped, and noted no one was fired —they set up a meeting for Friday to find out why the Regular City Council meeting was cancelled three hours before. He said Buzz Herrmann called him, Vice Mayor Mauti and Council Member Parris to come to City Hall for a rally and when the Vice Mayor came dressed for the meeting, they held the meeting. He displayed an e-mail requesting a meeting for Friday. He displayed the City Manager's April 241h e-mail stating he was in receipt of his receipt. Council Member Gilliams stated the second request for meeting was cancelled leading to a second Charter violation. Council Member Gilliams described staff's request to extend the Graves Brothers Future Land Use Map which he felt should have been brought to City Council. He displayed his April 21' e-mail to the City Manager again and stated that the City Manager was under pressure from the Mayor to cancel the meeting because one of the agenda items was to have his position rescinded. He said the cancelation of the meeting should have been done 24 hours ahead out of respect. He played the March 18'h Regular City Council meeting video. (verbatim attached) Council Member Gilliams periodically paused the playback and stated the following comments: -there was no input on the actions implemented by the City Manager, they were done -under agenda modifications, a unanimous vote was needed for additions in regard to the discussion of the Emergency Declaration May 18, 2020 Special City Council Meeting (Continued from May 14, 2020) 7 7:52 pm 7:57 pm -the veteran Council Member didn't want to have any meetings but turn everything over to the sixth council member which can't be done without a consensus vote -the state of Florida is asking people not to gather yet the golf course, pickle ball and the boat ramps were open -he said it was wrong that the Emergency Declaration allows the City Manager to cancel Council meetings -there wasn't going to be any discussion on moving the Wright Construction contract to the consent agenda -he was uncomfortable having the meeting because it was a quasi-judicial and there were going to be witnesses During the playback Council Member Hill asked that code enforcement action cease on the property until the hearing. There was a vote on postponing the Board of Adjustment applicant's hearing which failed, leading to Mayor Dodd to close the meeting. Council Member Gilliams said the closure was illegal; the Chief of Police sent Code Enforcement to the applicant's house the next day which was a set up and power was taken from duly elected officials. Council Member Gilliams closed his presentation. Mavor Dodd's Findinos of Fact Mayor Dodd read from Judge Croom's order noting this is contrary to what Mr. Gilliams was saying for the last 50 minutes.: 1. The code of the City of Sebastian is plain and unambiguous and it is unaltered by the current state of 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. 2. He knew Council had the right to terminate the emergency order when he issued it. 3. The City Manager is responsible for "emergency management" function. He read from the Judge's April 28 Order: 1. The actions of the defendants taken at the subject April 22, 2020 meeting are void ab initio and status quo will be preserved pending the mediation; it was an illegal meeting. Mayor Dodd said there are multiple documents on how City Council operates, Resolution No. R-20-02 establishes procedures for City Council and the Manager shall set an agenda for all meetings. When Mr. Gilliams said on April 19, "If you cancel the April 22 meeting shall have to call a special meeting," it was more of a threat than a request. On April 20th when Mr. Gilliams said he was going to call a special meeting and he did not include any subject matter, it did not meet the requirement of Resolution R-20-02 to allow the City Manager to establish an agenda for that meeting. On April 2151, Mr. Gilliams said, "if there were any attempts to cancel the April 22 meeting he would again request a meeting," with no requested items so an agenda could be adopted. May 18, 2020 Special City Council Meeting (Continued from May 14, 2020) 8 8:04 pm 8:10 pm He said he could go all the way to April 23rd at 12:45:03 where he requested a special meeting on April 24 to replace the City Manager and City Attorney, he provided a legal request. He also sent an e-mail to the City Clerk to add an agenda item to amend the emergency declaration which should have gone to the City Manager to build the agenda. On April 24d', the City Manager sent an e-mail saying he was cancelling the April 24 meeting which does not constitute a violation of the Charter because under the declaration, item G was in effect which gave him the right to cancel the meeting for the welfare of the citizens. He said he didn't have an issue that Mr. Gilliams asked for a meeting on April 23rd or that the City Manager cancelled on April 24d' as both are in the Charter. He said Council Member Gilliams did request a meeting and the City Manager did cancel within his rights which are not a Charter issue. Mayor Dodd said there was no collusion here, on March 18, he was attempting to establish a method of operation for Council to have the quasi-judicial hearing at the next meeting and when it was turned down by Council, he was in a box. He explained that he had a choice because staff had been told if the variance was granted it was going to be challenged. His choice was to hold the illegal hearing or close the meeting. He said if he had an opportunity to work through it, he might have done something different but he was stunned that three Council Members were unwilling to postpone a quasi-judicial hearing that they could not legally have so he cancelled the meeting. He apologized to the public and the applicant. He said Council Member Gilliams talks about oaths of office and asked everyone to remember all of this started approximately at 6:00 p.m. on the 22 of April when three Council Members purported a coup to set up a adjutant government to take over the City; that meeting was a violation of the Charter, Sunshine Law and Open Meetings Law; that's what started this. He said the City received 1500 a -mails on April 22 that closed the e-mail server down; the City Manager was responding not just to a request from him, Council Member Hill and a perceived request from Vice Mayor Mauti but to all those a -mails when he cancelled that meeting. There was no improper action to cancel that meeting; there was an improper action taken at 6:00 that evening when an illegal meeting was held. Mayor Dodd said the extension of the future land use map is a good thing; the annexation is done; what's not done is the future land use map for that property. He noted the opportunity they have to provide input; there are a lot of people who want to talk about it. It was extended a year to get through the Chapter 164 Process with the County during which they can receive input. Mayor Dodd said one of the things that the Judge said was that the Council could come to some decision; if the details would constitute a violation. MOTION by Council Member Gilliams and SECOND by Council Member Parris — the City Council should determine the facts necessary as to whether there was a proper special meeting requested by Mr. Gilliams - yes - and whether it was improperly denied — yes - as a proper request for a special meeting and an improper denial would constitute a violation of Article II, Section 2.12 of the Charter May 18, 2020 Special City Council Meeting (Continued from May 14, 2020) 8:14 pm Council Member Hill said he heard the Judge ordered the meeting illegal and it was agreed upon all parties that it was illegal and he asked if anyone thought the April 22 meeting was legal. Council Member Gilliams said it was legal; it was advertised, there were people from the public, it recorded, there was a majority of Council present. His attorney was on his phone when he did it. Council Member Hill said if it was legal, were the decisions made at the meeting binding. Council Member Gilliams said his understanding was the Judge asked them to hold it in abeyance until it was mediated so the meeting was put on hold. Council Member Hill said that wasn't his understanding. Mayor Dodd read the Judge's order. (See attached) Council Member Hill played the April 22 Id meeting (with Council Members Gilliams, Parris and Mauti) video. He said Council Member Gilliams stated he did not send a legitimate request until April 22 repeating Council Member Gilliams remark, "I would have made the request as soon as he cancelled the meeting, he should have gave me 24 hours to cancel the meeting, and cancelled it on the 21st so I could then request it," so Gilliams knew he didn't request a meeting until the 23'd. Council Member Hill suggested that would be a non - request because he was asking the Charter officers who were fired. He noted it is not anywhere in the Charter that 24 hours is needed to cancel a meeting. Council Member Parris said the magistrate deemed the meeting illegal pending mediation which was never done. She said if staff believed the meeting was void, why was staff confused if they had a job. Council Member Hill said they had to get attorneys to find out what happened that night. Mayor Dodd said on the morning of April 23, when the State Attorney's Office got involved, it became apparent the City was on the hook because of the actions of three council members and in order to protect the City, he, the City Attorney and City Manager took legal action against the three members in the meeting in attempt to get the court to say it wasn't a proper meeting. He said because they took that action he hoped they might be able to mitigate some of the liability on that but when three members have a meeting like that, it can be assumed that the City condoned the meeting so they were forced to take action to protect the City. He continued to say the Judge's ruling was issued on April 28 and she said that the status quo would be preserved pending mediation which means the meeting was illegal but she ordered the officers were still employed. The mediation didn't happen because Sunshine Law issues were' posed by individuals that if there was a meeting outside of sunshine the City would be in trouble; and the mediator himself indicated he couldn't conduct a valid mediation with 400 people participating so he went back to the Judge who decided to relieve the City from the mediation issue. Mayor Dodd said he didn't disagree that Council Member Gilliams asked for a special meeting but he disagreed there was a violation of the Charter by the City Manager because he was operating under an order that was legal (as stated by the courts) (in his role as the emergency manager that was stated by the court) and he canceled that emergency meeting requested by Council Member Gilliams for the good of safety and welfare of the citizens. He said it all started because of the illegal meeting. May 18, 2020 Special City Council Meeting (Continued from May 14, 2020) 10 Mayor Dodd called for a break at 8:31 pm and reconvened the meeting at 8:40 pm. All members were present. PUBLIC INPUT Michelle Morris addressed the Council Member that brought her integrity into question regarding the statement that Code Enforcement was sent to the Board of Adjustment applicant's property, she said the Department had actually received a complaint from a citizen that day and she didn't think Code Enforcement had even found a violation. She asked the Council Member to do his research before accusing her (as the former Chief) of sending out Code Enforcement to the applicant's property; talk to the Code Enforcement officer and witnesses. Ms. Morris reviewed that the City received 1500 a -mails on April 22 asking to cancel the meeting but none to have the meeting; the Emergency Declaration order has been used several times since 2015 and it says the City Manager may cancel meetings; if there were concerns with the City Manager having so much power she asked why weren't those concerns expressed March 18. Ms. Morris stated if Ms. Parris was not aware that the April 22 Council meeting was cancelled, she asked why she was late; as soon as she arrived, they started the meeting; the meeting abruptly ended when someone whispered, "Psst, the police." If there were only ten people allowed in the chambers —there were three members, four people, one officer and then staff —why didn't anyone call staff to see why they weren't there; why weren't people allowed to come in if it was a legitimate meeting. She stated they have established that April 22 was not a legitimate meeting, there is no ill intent from staff or the Mayor, and they've established the declaration (process) has been going on for hurricanes for many years --this didn't just happen. Grace Reed, Sebastian, thanked Mayor Dodd, Council Member Hill and the Charter Officers for protecting the City. She said Council Member Hill and Mayor Dodd's presentations were spot on; the declaration is not a fraud. She said Mayor Dodd has a great respect from his peers but she cannot say the same for Council Member Gilliams. Christopher Nunn, Sebastian, said Council Member Parris made it clear she had no intent of being here at the Council meeting but she came to the illegal meeting. At 4:22 p.m. she posted on Facebook, "Cancel me," which could mean we are going to have the meeting anyway or darn they cancelled the meeting. He said they know Vice Mayor Mauti has been dragged into something he didn't want to be in and they know he will do right thing moving forward. He said Council Member Gilliams has been coming to these meetings for 15 years and he knows he can't just have a meeting because he wants to, he knew it was an illegal meeting which his lawyer acknowledged. He thanked Mayor Dodd, Council Member Hill and Vice Mayor Mauti. Dan Johnson, 747 Avocado Terrace, cited Charter Section 3.03 noting the officers may be removed by the entire vote of City Council and in the event a reason exists to remove an officer, a council member shall bring written charges at regularly scheduled meeting. He asked Council Member Gilliams to resign because he was not following the Charter. May 18, 2020 Special City Council Meeting (Continued from May 14, 2020) 11 9:00 pm Andrea Coy, Sebastian, stated she would continue to display her Army uniform until she received an apology for the slander and liable that she disgraced her uniform and have a connection with sugar sand. She admonished the Council Member that posted a picture of Hitler on Armed Forces Day. In regard to the findings of fact, Ms. Coy stated March 1, 2020 Governor DeSantis issued Executive Order 20-51 directing the Florida Dept of Health to issue a public health emergency March 1 2020 the State Surgeon General and the state health officer declared an emergency exists March 9, Governor issues 20-52 declaring an emergency for COVID-19 throughout Florida March 17 Indian River County declared a local State of emergency throughout the County March 17 Sebastian declared a state of emergency in the City and the Mayor has the right to do that and Judge Croom has also said he has the authority to do that. She said this is an emergency and they have been risking their lives to come and talk about nothing because there isn't anything that was an emergency on the agenda. She recalled that she called a special meeting for Mr. Gilliams once which consisted of an actual item. Woody Tally, Sebastian, said what happened at April 22 meeting tells him what he needs to know about the Council Member's character; they used a global pandemic to violate the public's trust. He said as an apology, he will accept their resignations —they can do something better by not being on it. Sharon Herman thanked Mayor Dodd, Council Member Hill, the charter officers, and Vice Mayor Mauti for his apology. She noted as the following a -mails were recited she kept hearing: -if you cancel that meeting, I'm gonna have to call a meeting -if you cancel that meeting you're gonna make me call a special meeting -we might have to call a special meeting if that meeting doesn't happen She didn't hear until the 23`d, "I want a special meeting," it was always going to —like in preparation for Hurricane Dorian, get prepared to be prepared. Ms. Herman noted that Council Member Gilliams stated in his presentation a few times that Mayor Dodd didn't want the April 22 meeting as if it was a unilateral effort but there 1500 a -mails from citizens requesting the meeting to be cancelled. John Christino, said the residents have been subjected to a spectacle of petty lies and behavior; one council member has decided to retain his position on a local property owners association which alone is improper but compounded with the use the membership to dominate the council meetings with speakers who are coached to do his bidding is unethical. The antagonism and attacks began early on fueled by a vendetta of revenge void of reason and certainly not in the interest of the citizens he was elected to represent. The actions taken by the three council members are the most irresponsible event he has ever witnessed in his life; they do not represent the residents. He requested Council Member Gilliams and Parris to tender their resignations. May 18, 2020 Special City Council Meeting (Continued from May 14, 2020) 12 Judy Bartlett, Sebastian, said it has been established that Mayor Dodd had the right to issue the emergency and no meetings were to take place therefore it should not matter how, when or where the April 22°' needed to take place because when under emergency they follow that order so she asked how could there be an improper denial. She also noted the subject matter was always changing from Council Member Gilliams; it's the taxpayers they are hurting, she asked them to resign. Margaret Hasmanus, 845 George Street, said when the Mayor declared the emergency, the City Manager didn't become a council member; and she asked what the criteria was to request an emergency meeting. She said the request for multiple meetings felt like an attempt to pound the people into submission, which isn't going to happen. Dr. Leslie Wayment, Del Monte Road, said if there was still a meeting scheduled, how could there be a special meeting request at the same time. She was one of the residents requesting the meeting be cancelled because nothing on the agenda should have been taking place in the pandemic. She said there wasn't a proper request. Andrea Ring, Sebastian, said she showed up for the April 22 meeting with about five others; she did not know how they could say the meeting was properly cancelled. Charles Stadelman said as the chairman of the Natural Resources Board, he was aware that sometimes things don't run smoothly. He said the new council members are learning their way, he asked them to know their job and realize they are representing the whole City. He said that he feels he is being abused by Council Members Gilliams and Parris because he was at the meeting when he could be with his children because a Board of Adjustment meeting was not done properly. Terry McGinn said the April 22 meeting was illegal; the City is getting sued when they need money the most; if some of the members resign the lawsuits might go away; he thanked Vice Mayor Mauti for what he was about to do in working closely to resolve the issues; he looked forward to a new majority. Zoom Participants Mr. Ferrin thanked Council Member Hill for his spot on presentation; thanked Mayor Dodd for the way he organizes his thoughts and runs the meetings. He said when the City is under a state of emergency, they are to run under those emergency provisions. He stated Mayor Dodd and Council Member Hill have substantial confidence with their peers. He said Council Member Hill's facts have been the facts and if there are any counter arguments they need to be facts. MOTION by Mayor Dodd and SECOND by Council Member Hill to extend the Special Meeting to 10:00 p.m. passed with a unanimous voice vote. Council Member Hill asked if they could have a time certain for discussion and call for the vote at 9:45 p.m. to get through the whole agenda specifically the last item regarding the enactment of an emergency ordinance. May 18, 2020 Special City Council Meeting (Continued from May 14, 2020) 13 9:30 pm Kate Pressinell, Sebastian, asked the three Council Members that participated in the April 22nd meeting how they were representing the citizens of Sebastian when none of those topics had anything to do with an emergency. Ron Ray, Haverhill Avenue, said Council Member Gilliams stated the City Manager became a member of City Council and asked if he thought the City Manager could vote on any of this or any other items. Joanne White said all of this was over whelming and asked Council Member Gilliams and Parris to resign; the events have pulled the City apart and they need to let the City move on. Charles Cavender said he has known Mr. Anon 20 years and the City is very fortunate to have him. He said he wanted leave them with the thought, "A man has to know his limitations." In regard to the video playback, Council Member Gilliams said the Charter Officers were going to get a hearing to discuss why they cancelled the meeting on Friday; it was videotaped to show full transparency. He said the special meeting was requested with the same agenda which he is entitled to use; they played shenanigans and waited three hours so they wouldn't have proper notice to call the special meeting which was intentional and wrong. He said Mayor Dodd could have joined them on the dais (the night of the 22nd) but he left to get the police; they knew they could only have ten people at the meeting; the meeting was already over when the police came; and Mr. Mauti came dressed for the meeting. Council Member Gilliams said if they are going to require 24 hours for a meeting there should be a requirement of 24 hours to cancel a meeting especially when a council member exercises his right to request a meeting and the City Manager played games with that. He said he wanted to have mediation in the open and they signed the stipulation to preserve the April 22 until it's mediated, they might have to go back to court. He said they felt the meeting was manipulated because Mayor Dodd's position was to be rescinded and replaced which is why the regular Council meeting was cancelled. Mayor Dodd asked him to stick to the topic. Council Member continued and Mayor Dodd called for a recess at 9:37 pm and reconvened the Special Meeting at 9:42 p.m. All members were present Council Member Hill called the question. MOTION by Council Member Gilliams and SECOND by Council Member Parris that Council Member Gilliams did call a special meeting and the special meeting was denied by the City Manager in violation of the Charter. Council Member Gilliams said he wasn't done with comments. Mayor Dodd asked the City Attorney if calling the question overrides and the vote should be taken. The City Attorney advised, "The previous question is being called, you don't interrupt the speaker but it requires a second, is not debatable and it would require a two-thirds vote." May 18, 2020 Special City Council Meeting (Continued from May 14, 2020) 14 MOTION by Council Member Hill and SECOND by Mayor Dodd to call the question or allow Council Member Gilliams to continue his comments. (A two-thirds vote was needed to call the question.) Vice Mayor Mauti asked to abstain then he asked to have the question repeated. Mayor Dodd stated the question was that Council Member Gilliams called a special meeting and the Charter was violated when the City Manager turned it down. Roll call: Vice Mayor Mauti - nay Council Member Gilliams - nay Council Member Hill - aye Council Member Parris - nay Mayor Dodd - aye Motion failed 3-2 to call the question and Council Member Gilliams continued his debate. Council Member Gilliams said their intent was to have checks and balances and make sure that a $5-8M project would not pass under disguise of a fake declaration. He said it was a very impulsive meeting; he didn't come for a meeting but a rally organized by Buzz Herrmann; they came with an open heart to try to do check and balances because what happened at the March 18t' meeting. He said it was very clear the meeting was legitimate; their civil rights are being violated because meetings aren't being held. He said he calls the special meetings so they can get them out of the way so when the regular meetings come up they can help the citizens with things like masks and testing. The time was 9:50 p.m. and Mayor Dodd adjourned the Special 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. Mayor Dodd 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. � 11 May°r �� e to Wil' iams,�--c3l-!y.Clearlc� May 18, 2020 Special City Council Meeting (Continued from May 14, 2020) . 15 MPV-C�A v X\)N�v 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 r"T1761 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 COV ID-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 ofCOVID-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 1 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, I, RON DESANTIS, as Govemor 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. 1 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 Govenunent 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. I order the Adjutant General to activate the Florida National Guard, as needed, to deal with this emergency. 3 Section 4. I 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. jju=cdt= 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 200.3190) 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. R 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' E RETARY OF STATL � 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 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 time. (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 practicableAC. time, be presented to the city council for ratification, contirmation, amendment or 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 µRA+ tT2 SET�A1V .._ 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 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: ZZ .04 _ m P%' Date: aL,2120196' Time: _ -// 39— �//pp Witness:4` A �/-eA ca4,yo Cancelled: Signed by Mayor: Time: Witness: Date: COVID -19 Initiald!5L Page 2 From: Jim HIII ihillin04@yahoo.com I L Subject: Sebastian City Council meeting 4/22/2020 Date: April 17, 2020 at 4:46 PM To: Paul Carlisle pcarlisle@cityofsebastian.org Bcc: Jhillin04@yahoo.com Mr. Carlisle, After reviewing the agenda for the upcoming council meeting dated 4/22/2020, 1 fell compelled to draft this letter in opposition to the meeting. The basis of my opposition is that City Council, at its last meeting, agreed to postpone any public meeting that is not essential to the function of the city, until the Governor lifts the Safer at Home order. This order has not yet been lifted, nor are any of the agenda items listed for the 4/22/2020 meeting essential to city operations. I feel that at this time, when most people are home following guidelines set forth by the governor and the City of Sebastian, it is inappropriate for us to call a meeting that requires public Input. While I understand that there are alternative methods for the pubic to comment, not everyone has internet access nor the understanding of how to utilize it. The agenda items set forth by some council members are controversial In nature and most certainly require the ability for the public to respond, not only those with internet access, or those who are tech savvy. The safety and health of our residents is paramount during this difficult time, as I would hope my fellow council members would agree. Unfortunately, it seems as though some council members are demanding this meeting in order to advance their self-serving agenda items while knowing full well that the public is distracted and fearful. It is disappointing that they would put their personal interests above the health, safety and welfare of the people they claim to serve. I always appreciate the hard work and dedication you have shown to this great city and am confident that we will be able to pull through these difficult times with you at the helm. Respectfully, Jim Hill City Council Member City of Sebastian From: Jim Hill JHill@CityofSebastian.org M�Jz Subject: Fwd: CA council meeting Date: May 14, 2020 at 3:04 PM To: Jim Hill jhillin04@yahoo.com Sent from my iPhone Begin forwarded message: From: Charles Mautt <CMautl@cltyofsebastian.org> Date: April 19, 2020 at 10:45:54 AM EDT To: Paul Carlisle gpcarlisle@cityofsebastian.org> Cc: Ed Dodd <CDodd@CltyofSebastian.org>, Damien Gllliams <DGilliams@cityofsebastian.org>, Pamela Parris <PParris@cityofsebastian.org>, Jim Hill <JHi110CityofSebastlan.org> Subject: Cxl council meeting Paul , With the number of request to cx1 the 4/22/2020 meeting until the citizens can be present and address the council in a public forum , 1 strongly request the voice of the citizens be honored and that we move the present agenda to the next regular council meeting when the public can be present. I request a response from each of the council members to my suggestion. ---Respectfully CMM Sent from Workspace ONE Boxer<https://whatisworkspaceone.com/boxer> From: Jim Hill JHill@CityofSebastian.org �/�\ Subject: Fwd: �� Date: May 14, 2020 at 3:03 PM To: Jim Hill jhillin04@yahoo.com Sent from my iPhone Begin forwarded message: From: Charles Mauti <CMauti@cityofsebastian.org> Date: April 19, 2020 at 11:14:16 AM EDT To: Paul Carlisle -Vcarlisle@cityofsebastian.org> .. .. Cc: Ed Dodd <CDodd@CityofSebastian.org>, Damien Gilliams<DGllliams@cityotsebastian.org>, Pamela Parris <PParris@cdyofsebastian.org>, Jim Hill <JHill@CityofSebastian.org> Subject: Re: Sentfrom Workspace ONE Boxer<https:/hvhatisworkspaceone.comrboxer> On April 19, 2020 at 11:11:30 AM EDT, Charles Mauti <cmauti@cityofsebastian.org> wrote: Paul, seeing you did not hesitate to have the items I requested to be placed on the 4/22/2020 agenda leaked in advance to publication , I would hope you will do the same with my request to cA the 4/22/2020 meeting until the public can be present for the next legally scheduled meeting in May. Hopefully by then we will be passed the COV19 Issue. Be assured, Paul, that this council will operate with transparency, honesty and from a base of due diligence ... and that the favoritism that emanates from city hall stops. With sincere intent, CMM Sent from Workspace ONE Boxer<https://whatisworkspaceone.com/boxeo L From: Faul adiN To: Jeatiette W l a ns: Mawiy Arm Subject: FW: Meeting Date: Tuesday, April 21, 2020 2:04:51 PM Attachments: nl'ianeGGI nnn 'In 11 SE�T��iV HOME OF PELICAN ISLAND PAUL E. CARLISLE CITY MANAGER CITYOF SEBASTIAN 1225 MAIN STREET SEBASTIAN, FI.. 32958 772-368-8200 From: Damien Gilliams Sent: Sunday, April 19, 2020 11:15 AM To: Paul Carlisle Subject: Meeting Please do not cancel this meeting I will have to call an emergency meeting. The public is not educated and does not understand they can participate through social media. Or one at a time at the chambers. Damien 247 of 277 From: Jim Hill JHill@CityofSebastian.org Subject: Fwd: April 22, 2020 Council Meeting. \� Date: May 14, 2020 at 8:27 AM To: Jim Hill jhillin04@yahoo.com Sent from my !Phone Begin forwarded message: From: Ed Dodd <CDodd@CttyofSebastian.org> Date: April 20, 2020 at 11:42:36 AM EDT To: Paul Carlisle <pcarlisle@cityofsebastian.org>, Manny Anon <Manon@cityofsebastian.org>, Jeanette Williams gwilliams @cltyofsebastian. org> Cc: council <council@CnyOfSebastlan.org> Subject: April 22, 2020 Council Meeting. Council please do not respond to this message, 1 copied you FYI Paul: I have previously verbally asked you to cancel the meeting scheduled for the 22nd, this email Is my written verification of that request It appears that the States COVID-19 restrictions will change on or about May 1st, which will allow us to have meetings with up to 50 people in chambers. This level of attendance well allow open public participation. Also, it the 22nd meeting is cancelled, 1 want to cancel my request for a special meeting to approve resolution R-20-06. We will have time after May 1 to revisit the necessity for that resolution. I want to thank you for all the work you and your staff are doing during this emergency. Our city is well serviced by both you and the staff. Ed Dodd Mayor City of Sebastian Cdodd@cityofsebast'ian.org 772-589-2083 .-, From: Damien G II a ns To: Paul Cal hslc;Jeanette Wllllams: Manny Anon Subject Re: Emergency meeting 4122/20 Date: Monday, April 20, 2020 12:43:23 PM Special meeting is under The Charter 2.12 Precedure. Damien ------- Original Message -------- From: Damien Gilliams <DGilliamsLcityofsebastian.org> Date: Mon, April 20, 2020 1 1:39 AM -0400 To: Paul Carlisle <pcarlislc()cityofsebastian.org>, Jeanette Williams <jwilliams c7cityol'sebaslian.org>, Manny Anon <Manon(ticityofsebastian.org> Subject: Emergency meeting 4/22/20 Good morning to whom this may co nccm. To all charter offices this is my notice as a councilman to call for an emergency meeting under the charter for April 22nd. Please use the Agenda already sent out. Damien Gilliams 243 of 277 V(� From: Damien Gllans To: Paul Carlisle Subject Re: April 22 2020 meeting Date: Tuesday, April 21, 2020 11:58M AM No problem it's tough being a councilman -------Original Message -------- From: Paul Carlisle <pcarlislc@cityofsebastian.org> Date: Tue, April 21, 2020 11:58 AM -0400 To: Damien Gilliams <DGilliams@cityofsebastian.org> Subject: Re: April 22 2020 meeting ,lust so you know I just received an email asking for those emails.. Up till now l have not said who was going to ask for the special meeting but I will have to send them to them. Sent from Workspace ONE Boxer On Apr 21, 2020 1 1:36 AM, Damien Gilliams <DGilliams(icityofsebastian.org> wrote: I don't want anybody accusing you or blaming you I take full responsibility -------- Original Message -------- From: Paul Carlisle <pcarlisle iilcityofsebastian.org> Date: Tue, April 21, 2020 11:28 AM -0400 To: Damien Gilliams <DGilliams(c7t�cityofsebastian.org> CC: Manny Anon <Manon@cityofsebastian.org> Subject: April 22 2020 meeting I understand and 1 have expressed the fact that the charter allows you to do that Sent from Workspace ONE Boxer On Apr 21, 2020 1 1:26 AM, Damien Gilliams <DGilliamsLcityolsebastian.org> wrote: Good morning Paul just as a reminder, from my previous email, if there is any attempt to cancel this City Council meeting I want to exercise my right for the special emergency meeting within the 24 hour notice. And that also includes the emergency declaration clause as well. I understand that you are under a lot of pressure but I'm sure you going to do the right thing. Regards Damien 245 of 277 From: Damien Gilhars TO; Paul Carlisle Subject: Re: Cancelatlon of City Council meeting Date: Wednesday, APnl 22, 2020 2:59:11 PM Attachments: imaoeODIonn Good afternoon Paul I am in receipt ofyour letter to cancel the April 22nd meeting for the city council based on the emergency declaration which I've already indicated it's an illegal declaration being it was not approved by 3 council members according to the charter. I hope you lake the time to get a second legal opinion . Damien ------- Original Message -------- From: Paul Carlisle <pcarlisle@cityofsebastian.org> Date: Wed, April 22, 2020 2:35 PM -0400 To: council <counciI@CityOf8ebastian.org> CC: Manny Anon <Manon(c,)cityofsebaslian.org>, Jeanette Williams <jwilliams(r cityofsebastian.org> Subject: Cancelation of City Council meeting Good afternoon, Based on the consensus of the City Council and the authority granted by the Declaration of Local State of Emergency, I am directing that the meeting of April 22, 2020 be postponed and all items carried forward to the next regularly scheduled meeting. OnQ SEBASTI� HOME OF PELICAN ISLAND PAUL E. CARLISLE CITYMANAG£R CITY OF SEBASTIAN 1225 MAIN STREET SE$ASTIAN, FL. 52958 772-388-8200 249 of 277 From: Damien Gilllams To: Jeanette Wilgams: Paul Cadisle; Manny An Subject: Special Meeting Date: Thursday, April 23, 2020 12:45:03 PM Please call A special meeting for Fri April 24, 2020 6pm According to City Charier. Agenda Replace City Mgr Replace City Attomey. Damien Please confirm ASAP and Advertise. 24 Hours 252 of 277 From: Damien Gllliams To: Jeanette William= Subject: SpKial meeting Date: Thursday, April 23, 2020 1:11:20 PM Please add to the agenda modification of emergency declaration for the special meeting on Friday Damien 253 of 277 Jeanette Williams 11111111111111111111 11111111 Illip 111111 1 GO From: Paul Carlisle Sent: Friday, April 24, 20201:55 PM To: council Cc: Manny Anon; Jeanette Williams; Margarita Hernandez; Michelle Morris Subject: Meeting April 24, 2020 canceled Good afternoon, Pursuant to the Governors emergency declaration and the Declaration of Local State of Emergency signed by Mayor Ed Dodd of the City of Sebastian under Ordinance 2-37 delegating the authority to schedule and cancel meetings to the City Manager. Therefore the requested meeting scheduled for April 24, 2020 is hereby canceled. Additionally all meetings of the City Council are canceled until the current restrictions are lifted by the Governor. Thankyou MCf STUN HOME OF PELICAN ISLAND PAUL E. CARLISLE CITY MANAGER CITY OF SEBASTIAN 1225 MAIN STREET SEBASTIAN, FL. 32958 772-36A-8200 254 of 277 From: Jeanette Williams avilliams@cityofsebastian.org Subject: FW: Special council meeting Date: May 13, 2020 at 10:30 AM To: Jim jhillm04@yahoo.com From: damio [mailto:damio@comcast.net] Sent: Tuesday, May 12, 2020 3:18 PM To: Jeanette Williams Subject: Fwd: Special council meeting CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Good afternoon Jeanette this is my official notice for a special meeting for this Thursday May 14th at 6 p.m. Damien Please confirm asap Sent via the Samsung Galaxy S9, an AT&T 5G Evolution capable smartphone -------- Original message -------- From: "Craig M. Rappel, Esq." <cmr@rappelhealthlaw.com> Date: 5/12/20 3:10 PM (GMT-05:00) To: Damien Gilliams <damio@comcast.net> Subject: Fwd: Special council meeting For your records Sent from my iPhone Craig Marc Rappel, Esq. Rappel Health Law Group, P.L. 601 21st Street Suite 300 Vero Beach, Florida 32960 Voice: 772.778.8885 Mobile: 772.559.5563 E-mail: cmr rappelhealthlaw.com Web site: www.rannelhealthlaw.com CONFIDENTIALITY NOTICE: This e-mail is intended only for the person or entity to which it is addressed from the law firm of Rannel Health Law Groun. P.L. and may contain Gt((r�s OR (A,Ll wv4ffS lb Mt 6,rL, &VL- W 1 N VAAtcc. y t i' N9W \�A� C (Z -j �„ C l� vt� f e►' {'J C"J 1 �j �.tt c , vt_ ev4^L-T l -VI E P1 +4c<- 6 e L�r 22 IAA x, L, Zy- Wb5 L. 4.4+,iAn144-e �o p 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 time. (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. The city manager may issue such orders as are immediately necessary for the protection of llVIrc. Irfe and property; provided, however, that any such orders shall at the earliest practicable \' time, be presented to the city council for ratification, confirmation, amendment or g 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 counctlmember 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) AA) o0 CVa'j °°`'may �c�eA- cro�z.A l 5'C6 2 1 0 V 3C5 130 of 277 Section 4. In accordance with section 381.0011(7), Florida Statutes, I designate the Florida Department of Health as the lead state agency to coordinate emergency response activities among the various state agencies and local governments. The State Health Officer, or his designee, shall advise the Executive Office of the Governor on the implementation of these emergency response activities. Section 5, All actions taken by the State Health Officer with respect to this emergency before the issuance of this Executive Order are ratified. Section 6. The Florida Department of Health will actively monitor, at a minimum, all persons meeting the definition of a Person Under Investigation ("PUI") as defined by the CDC for COV1D-19 for a period of at least 14 days or until the PUI tests negative for COVID-19. Active monitoring by the Florida Department of Health will include at least the following: A. Risk assessment within 24 hours of teaming an individual meets the criteria for a PUI. B. Twice -daily temperature checks. Section 7. The Florida Department of Health, pursuant to its authority in section 381.00315, Florida Statutes, will ensure that all individuals meeting the CDC's definition of a PUI are isolated or quarantined for a period of 14 days or until the person tests negative for COVID- 19. Section 8. I hereby direct the Florida Department of Health to make its own determinations as to quarantine, isolation and other necessary public health interventions as permitted under Florida law. Section 9. 1 direct all agencies under the direction of the Governor to fully cooperate with the Florida Department of Health, and any representative thereof in furtherance of this Order 3 129 of 277 From: JIM Hill To: Paul Carlisle Subject: Sebastian City Council meeting 412212020 Date: Friday, April 17, 2020 4:46:44 FM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Mr. Carlisle. After reviewing the agenda for the upcoming council meeting dated 4/22/2020, 1 tell compelled to drall this letter in opposition to the meeting. The basis of my opposition is that City Council, at its last meeting, agreed to postpone any public meeting that is not essential to the function of the city, until the Governor lids the Safer at IIomc order. This order has not yet been filled, nor are any of the agenda items listed for the -f 22'2020 meeting essential to city operations. 1 feel that at this lime, when most people arc home following guidelines set lenh by the governor and the City of Sebastian, it is inappropriate for us to call a meeting that requires public input. While I underhand that there are alternative methods for the pubic to comment, not everyone has internet access nor the understanding of how to utilize it. The agenda items set forth by some council members are controversial in nature and most certainly require the ability for the public to respond, not only those with internet access, or those who are tech savvy. The safety and health of our residents is paramount during this diftcalt lirnc, us I would hope my follow council members would agree. Unfortunately, it secou, as though some council members arc demanding this meeting in order to advance their self-serving agenda items while knowing full well that the public is distracted and fearful. It is disappointing that they would put their personal interests above the health, safety and welfare of the people they claim to serve. I always appreciate the hard work and dedication you have shown to this great city and am confident that we will be able to pull through these difficult times with you at the helm. Respectfully, Jim Hill City Council Mcmber City of Sebastian From: Damien Gilliams To: Paul Carlisle Jeanette Williams; Manny Anon Subject: Re: Emergency meeting 4/22/20 Date: Monday, April 20, 2020 12:43:23 PM Special meeting is under The Charter 2.12 Precedure. Damien -------- Original Message -------- From: Damien Gilliams <DGilliams@cityofsebastian.org> Date: Mon, April 20, 2020 11:39 AM -0400 To: Paul Carlisle<pcarlisle@cityofsebastian.org>, Jeanette Williams <jwilliams@cityofsebastian.org>, Manny Anon <Manon@cityofsebastian.org> Subject: Emergency meeting 4/22/20 Good morning to whom this may concern -To all charter offices this is my notice as a councilman to call for an emergency meeting under the charter for April 22nd. Please use the Agenda already sent out. Damien Gilliams s 243 of 277 From: Damien Gilliams 1 To: Paul Carlisle Subject: Re: April 22 2020 meeting Date: Tuesday, April 21, 2020 11:36:38 AM 1 don't want anybody accusing you or blaming you 1 take full responsibility vv 5 -------- Original Message -------- From: Paul Carlisle <pcarlisle@cityofsebastian.org> Date: Tue, April 21, 2020 11:28 AM -0400 To: Damien Gilliams <DGilliams@cityofsebastian.org> CC: Manny Anon <Manon@cityofsebastian.org> Subject: April 22 2020 meeting I understand and I have expressed the fact that the charter allows you to do that. Sent from Workspace ONE Boxer On Apr 21, 2020 11:26 AM, Damien Gilliams <DGilliams@cityofsebastian.org> wrote: Good morning Paul just as a reminder, from my previous email, if there is any attempt to cancel this City Council meeting I want to exercise my right for the special emergency meeting within the 24 hour notice. And that also includes the emergency declaration clause as well. I understand that you are under a lot of pressure but I'm sure you going to do the right thing. Regards Damien 111-Z A P 0, t. 6ViL Aea, t_ v �i�1 IkU�✓ & uLo,ni C ,w -rn sr C4 o, i,2 k) tL_ 1ArYVJt_ 22 Qrn 244 of 277 From: Pan Carlisle To: leanette Williams Manny Anon Subject: FW: Meeting Date: Tuesday, April 21, 2020 2:04:51 PM Attachments: imaoe=.ono V1t1 C4 SE13ASTIAN HOME OF PELICAN ISLAND PAUL E. CARLISLE C.ITYMANAGER CITY OF SEBASTIAN 1225 MAIN STREET SEBASTIAN, PL. 52958 772-5$$-8200 From: Damien Gilliams Sent: Sunday, April 19, 2020 11:15 AM To: Paul Carlisle Subject: Meeting Please do not cancel this meeting I will have to call an emergency meeting. The public is not educated and does not understand they can participate through social media. Or one at a time at the chambers. Damien 247 of 277 From: Paul Carlisle To: Jeanette Williams: Manny Anon Subject: FW: April 22 2020 meeting Date: Tuesday, April 21, 2020 2:15:43 PM Attachments: image001 ona an C* SETV HOME OF PELICAN ISLAND PAUL F. CARLISLE Cf1'Y MA NAGEP CITY OF SEBASTIAN 1 225 MAIN STREET n 5 SEBASTIAN, FL. 32958 �i 772-3AA-8200r�� From: Paul Carlisle loor Sent: Tuesday, April 21, 2020 11:29 AM To: Damien Gllliams Cc: Manny Anon Subject: April 22 2020 meeting I understand and I have expressed the fact that the charter allows you to do that. Sent from Workspace ONE Boxer On Apr 21, 2020 11:26 AM, Damien Gilliams <DGilliams@cityofsebastian.org> wrote: Good morning Paul just as a reminder, from my previous email, if there is any attempt to cancel this City Council meeting I want to exercise my right for the special emergency meeting within the 24 hour notice. And that also includes the emergency declaration clause as well. I understand that you are under a lot of pressure but I'm sure you going to do the right thing. Regards Damien 248 of 277 From: Damien Gilliams To: Paul Carlisle Subject: Re: April 22 2020 meeting Date: Tuesday, April 21, 2020 11:58:53 AM No problem it's tough being a councilman -------- Original Message -------- From: Paul Carlisle <pcarlisle@cityofsebastian.org> Date: Tue, April 21, 2020 11:58 AM -0400 To: Damien Gilliams <DGilliams@cityofsebastian.org> Subject: Re: April 22 2020 meeting III .lust so you know I just received an email asking for those emails. Up till no have not sgid `7 who was going to ask for the special meeting but I will have to send them to hem. U .) O r Sent from Workspace ONE Boxer On Apr 21, 2020 11:36 AM, Damien Gilliams <DGillian I don't want anybody accusing you or blaming you I take -------- Original Message -------- From: Paul Carlisle <pcarlisle@cityofsebastian.org> Date: Tue, April 21, 2020 11:28 AM -0400 To: Damien Gilliams <DGilliams@cityofsebastian.org> CC: Manny Anon <Manon@cityofsebastian.org> Subject: April 22 2020 meeting l� :ityofsebastian.grg> wrote: s responsibility �- I understand and 1 have expressed the fact that the charter allows you to do that. J&p-e�4 T Sent from Workspace ONE Boxer On Apr 21, 2020 1 1:26 AM, Damien Gilliams <DGilliams@cityofsebastian.org> wrote: Good morning Paul just as a reminder, from my previous email, if there is any attempt to cancel this City Council meeting I want to exercise my right for the special emergency meeting within the 24 hour notice. And that also includes the emergency declaration clause as well. I understand that you are under a lot of pressure but I'm sure you going to do the right thing. (l Regards Damien 245 of 277 From: Paul Carlisle To: Jeanette Williams: Manny Anon Subject: FW: Emergency meeting 4/22/20 Date: Tuesday, April 21, 2020 2:0423 PM Attachments: lmaoeDOI.ona SET1AN HOME OF PELICAN ISLAND PAUL E. CARLISLE cITYMANAGER CITY OF SEBASTIAN 1225 MAIN STREET SEBASTIAN, FL. 92958 772-586-8200 From: Damien Gilliams Sent: Monday, April 20, 2020 11:39 AM To: Paul Carlisle; Jeanette Williams; Manny Anon Subject: Emergency meeting 4122/20 Good morning to whom this may concern_ To all charter offices this is my notice as a councilman to call for an emergency meeting under the charter for April 22nd. Please use the Agenda already sent out. Damien Gilliams 246 of 277 From: Damien Gllliams To: Paul Carlisle Subject: Re: Cancelation of City Council meeting Date: Wednesday, April 22, 2020 2:59:11 PM Attachments: imaae003 nno Good afternoon Paul I am in receipt of your letter to cancel the April 22nd meeting for the city council based on the emergency declaration which I've already indicated it's an illegal declaration being it was not approved by 3 council members according to the charter. I hope you take the time to get a second legal opinion . Damien -------- Original Message -------- From: Paul Carlisle <pcarlisle@cityofsebastian.org> Date: Wed, April 22, 2020 2:35 PM -0400 To: council <council@CityOfSebastian.org> CC: Manny Anon <Manon@cityofsebastian.org>, Jeanette Williams <jwilGams@cityofsebastian.org> Subject: Cancelation of City Council meeting Good afternoon, Based on the consensus of the City Council and the authority granted by the Declaration of Local State of Emergency, I am directing that the meeting of April 22, 2020 be postponed and all items carried forward to the next regularly scheduled meeting. CM Ci JE13TI HOME OF PELICAN ISLAND PAUL E. CARLISLE CITY MANAGER CITY OF SEBASTIAN 1225 MAIN STREET SEBASTIAN, FL. 32958 772-388-8200 249 of 277 From: To: Paul Carlisle V Subject: Illegal cancellation of regular meeting Date: Wednesday, April 22, 2020 4:43:52 PM CAUTION: This email originated ftom outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. You are wrong. 2. l2(a) of charter requires a monthly meeting period. Cannot cancel because of emergency. Special Meeting may be called by my council member or officer if emergency. No second is required as not mentioned in Charter. 2.13 requires vote of 4 members to pass ordinance directed to public emergency. So actually it requires 4 members to pass an emergency ordinance that directs handling meetings in emergency. See 2.33 of City Ordinance (Not Charter) that states emergency item can be considered by unanimous consent but that is really directed to a regularly scheduled meeting as directed by the Charter. Damien Sent via the Samsung Galax} S9. an A I'R7 56 Evolution capable smarlphonc 250 of 277 From: Damien Gilliams To: Paul Carlisle: Manny Anon Subject: Cancela0on of a regular meeting and/or spedal meeting Date: Wednesday, April 22, 2020 4:59:00 PM You are wrong. 2.12(a) of charter requires a monthly meeting period. Cannot cancel because of emergency Special Meeting may be called by my council member or officer if emergency. No second is required as not mentioned in Charter. 2.13 requires vote of 4 members to pass ordinance directed to public emergency. So actually it requires 4 members to pass an emergency ordinance that directs handling meetings in emergency. See 2.33 of City Ordinance (Not Charter) that states emergency item can be considered by unanimous consent but that is really directed to a regularly scheduled meeting as directed by the Charter. Damien 251 of 277 �' Cn�c r ✓"��71 '� From: Damien Gilliam= To: Jeanette Williams: Paul Carlisle: Manny Anon Subject: Special Meeting Date: Thursday, April 21, 2020 12:45:03 PM Please call A special meeting for Fri April 24, 2020 6pm According to City Charter. Agenda Replace City Mgr Replace City Attorney. Damien 0 Please confirm ASAP and Advertise. 24 Hours 252 of 277 Jeanette Williams From: Sent: To: Subject: damio <damio@comcast.net> Friday, April 24, 2020 3:45 PM Jeanette Williams FW: Special Meeting CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Sent via the Samsung Galaxy S9, an AJ & T K Ewlutinn capable smarlphnne. -------- Original message -------- From: pcarlisle@cityofsebastian.org Date: 4/24/20 2:54 PM (GMT-05:00) To: damio <damio@comeast.net> Subject: Special Meeting 1 am receipt o f your request and will take the appropriate actions. Thank you! Sent from Workspace ONE Boxer On Apr 24, 2020 2:48 PM, damio <damio@comcast.net> wrote: a CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Dear Paul: I am in receipt of your e-mail of 1:55 pm cancelling the April 24,202 meeting. Your e-mail ended with "Additionally all meetings of the City Council are canceled until the current restrictions are lifted by the Governor." At 2:00 pm I sent an e-mail requesting a special meeting. That e-mail reads: Paul: Last Wednesday I requested a special meeting be set up. I made this request in writing and on phone to you. You failed to make the arrangements to have a special meeting called. I further have attempted to see if a special meeting was set for today with the City Clerk and again, I find that you have not to set a special meeting 255 of 277 after my requests Now, in accordance with the Charter, at 2.12(a), assuming you believe the Local Declaration delegates to you the decision to hold or cancel meetings, I am demanding that you set a special meeting for Wednesday after 5:00 pm. The purpose of the Special Meeting will be to rescind the improper Declaration and actually re -do it correctly and also issue additional emergency ordinances. I wish you to look at Gulfport, Florida's Resolution for 2020-17 and 2020-18 past on 21 April 2020 as I plan to have similar resolutions prepared so we can act like proper governmental officials. I expect the acting or current City Attorney to be present, if you feel he is still employed, to answer questions on how he could advise the Mayor to sign the famous Local Declaration without having it held at the prior Regular Meeting or call of a special meeting to discuss implementation of emergency operations under a public health emergency. Any, again, if there is a supposed "emergency", whether or not it was as a result of acts contained in Chapter 870, Florida Statutes, or even a natural disaster or public health crisis, as declared Mr. Dodd, then you are on notice of your Charter Duties that, "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. Wednesday is certainly even more advanced that 24 hour notice and or how notice is given is also relaxed, but notice must be issued, so you are directed by me to set the special meeting at my request under the Charter. I will not permit a catch-22 to exist here for the People where Mr. Dodd declares a Local Emergency and the Council cannot meet to rescind that declaration and then supposedly you are delegated all the authority to block the Council from meeting using Ordinance 2-37. 1 am sure by now you have read that Ordinance and it specifically reads that "F.S. §§ 870-041-870.047, inclusive" are invoked as well which is a problem when we are facing a public health emergency, not riots and violence. Please also note that while I plan to get you a detailed proposed Agenda by 4:30 pm, Ordinance Sec. 2-33 states: "At the council meeting, emergency items may be considered by the unanimous decision of the members of the city council present at the meeting." So given the Council is split 3-2 and the other 2 do not bother to show up on Wednesday, there will most likely be additional emergency items due to their lack of participation as to Council matters. In closing, you are directed to respond to and acknowledge that you with my call under the Charter for a Special Meeting during this Emergency for Wednesday as while I work on an Agenda with my Staff, I will not waste any further time on Charter Officers not executing their mandated duties under the Charter and applicable Ordinances and proceed with all remedies I have available against those that are insubordinate and derelict in performing governmental operations when they are reckless, indifferent or simply ignorant to the City Council as a whole. So, now, and once and for all, to avoid any and all misunderstandings and avoid any confusion on anyone's part going forward here, I demand that you set the special meeting that I have called for Wednesday in the 2:00 pm e-mail as mandated by the Charter, or once again, please respond in writing by 4:00 pm that you are refusing to follow the Charter as a Charter Officer and you are relying on Ordinance 2-37 as mentioned in your 1:55 pm e- mail cancellation notice which you obviously assert trumps the Charter at 2.12(a) so that this conduct causes the Council from meeting under your alleged emergency authority as City Manager which was only passed to you improperly by a Declaration which was never approved in orders in Council. Preventing public meetings of the City Council even in times of public health emergency is not consistent with how other cities in this State conduct their public affairs. I strongly suggest you reconsider any illusion of good faith belief that you can prevent the City Council from having a special meeting until the Governor lifts the State of Emergency as to COVID-19. Sincerely, Damien. 256 of 277 EXHIBIT an Barkett From: Sent: To: Subject: Paul E. Carlisle City Manager City of Sebastian 1225 Main Street Sebastian, fl. 32958 772-388-8200 pca rl isl e@cityofsebastian.org Thursday, April 23, 2020 12:11 PM Jonathan Barkett FW: April 22, 2020 Council Meeting. ---Original Message -- From: €d Dodd_" Sent: Monday, A ril 20, 2020 11:43 AM To: Paul Carlisle; Manny Anon; Jeanette Williams Cc: council Subject: April 2.2, 2020 Council Meeting. Council please do not respond to this message, i copied you FYI. Paul I have previously verbally asked you to cancel the meeting scheduled for the 22nd, this email is my written verification of that request. It appears that the States COVID-19 restrictions will change on or about May 1st, which will allow us to have meetings with up to 50 people in chambers. This level of attendance will allow open public participation. Also, if the 22nd meeting is cancelled, I want to cancel my request for a special meeting to approve resolution R-20-06. We will have time after May 1 to revisit the necessity for that resolution. I want to thank you for all the work you and your staff are doing during this emergency. Our city is well serviced by both you and the staff. Ed Dodd Mayor City of Sebastian Cdodd@cityofsebastian.org 772-589-2083 1 Jeanette Williams From: Paul Carlisle Sent: Friday, April 24, 2020 1:55 PM To: council Cc: Manny Anon; Jeanette Williams; Margarita Hernandez; Michelle Morris Subject: Meeting April 24, 2020 canceled Good afternoon, Pursuant to the Governors emergency declaration and the Declaration of Local State of Emergency signed by Mayor Ed Dodd of the City of Sebastian under Ordinance 2-37 delegating the authority to schedule and cancel meetings to the City Manager. Therefore the requested meeting scheduled for April 24, 2020 is hereby canceled. Additionally all meetings of the City Council are canceled until the current restrictions are lifted by the Governor. Thankyou QIYCF 5 HOME OF PELICAN ISLAND FAUL E. CARLISLE CITY MANAGER CITY OF SEBASTIAN 1225 MAIN STREET SEBASTIAN, FL. 32958 772-366-8200 254 of 277 From: 'to: Sohle, Zen �, A �l day add to �e a$en� ��'�°�z° iai:� pM Dien 4on ofe °1ergenoy declaration to r the special meeting on 253 of277 Filing # 107185469 E-Filed 05/07/2020 12:50:48 PM IN THE CIRCUIT COURT l� OF THE 19" JUDICIAL CIRCUIT IN AND FOR INDIAN COUNTY, FLORIDA CASE NO.: 312020CA000275XXXXXX ASSIGNED DIVISION: CIVIL DAMIEN H. GILLIAMS, Plaintiff, VS. ED DODD and PAUL CARLISLE, Defendants. PLAINTIFF'S EXHIBIT LIST (Motion for Temporary Relief) 1. E-mail from Paul Carlisle to Damien Gilliams 4/24/2020 2:54 pm. 2. E-mail from Damien Gilliams to Paul Carlisle 4/22/2020 4:43 pm. 3. E-mail from Damien Gilliams to Paul Carlisle 4/22/2020 2:59 pm. 4. E-mail from Damien Gilliams to Paul Carlisle 4/20/2020 11:39 am. 5. E-mail from Damien Gilliams to Paul Carlisle 4/19/2020 11:14 am. 6. E-mail from Damien Gilliams to Paul Carlisle 4/20/2020 12:43 pm. 7. E-mail from Damien Gilliams to Paul Carlisle 4/21/2020 11:26 am. 8. E-mail from Damien Gilliams to Paul Carlisle 4/23/2020 1:11 pm. 9. E-mail from Cathy Testa to City Council 5/4/2020 2:11 pm with Attachment of May 2020 City of Sebastian Calendar for Council, Staff and Website. 10. E-mail from Paul Carlisle to Damien Gilliams 4/21/202 11:28 am. 1 DATED this 7t' day of May 2020. s/ Craig M. Rappel Craig M. Rappel, Esq. (cmr@rappelhealthlaw. com) Florida Bar No. 752428 Attorney for Damien H. Gilliams Rappel Health Law Group, P.L. 601 21" Street Suite 300 Vero Beach, Florida 32460 Telephone: 772.778.8 885 I? CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 7th day of May 2020 a copy of the foregoing has been electronically filed under ECF procedures with copies e-served on: Counsel For Defendants: Johnathan D. Barkett, Esq. Florida Bar No. 118560 Primary e-mail: jbarkett@verolaw.com Secondary e-mail: mlee@verolaw.com C. Douglas Vitunac, Esq. Florida Bar No. 0028598 Primary e-mail: dvitunacpleadings@verloaw.com Secondary email: dhaidary@verolaw.com s/ Craig M. Rappel Craig M. Rappel, Esq. (cmr@rappelhealthlaw. com) Florida Bar No. 752428 Attorney for Damien H. Gilliams 91 IN THE CIRCUIT COURT OF THE 19th JUDICIAL CIRCUIT IN AND FOR INDIAN COUNTY, FLORIDA CASE NO.: 312020CA000275XXXXXX ASSIGNED DIVISION: CIVIL DAMIEN H. GILLIAMS, Plaintiff, Vs. ED DODD and PAUL CARLISLE, Defendants. Plaintiffs Ex. 1 Craig Rappel From: damio <damio@comcast.net> Sent: Friday, April 24, 2020 8:25 PM To: Craig Rappel Subject: FW: Special Meeting Sent via the Samsung Galaxy S9, an AT&T 5G Evolution capable smartphone -------- Original message From: pcarlisle@cityofsebastian.org Date: 4/24/20 2:54 PM (GMT-05:00) To: damio <damio@comcast.net> Subject: Special Meeting I am receipt o f your request and will take the appropriate actions. Thank you! Sent from Workspace ONE Boxer On Apr 24, 2020 2:48 PM, damio <damio@comcast.net> wrote: CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Dear Paul: I am in receipt of your e-mail of 1:55 pm cancelling the April 24, 202 meeting. Your e-mail ended with "Additionally all meetings of the City Council are canceled until the current restrictions are lifted by the Governor." At 2:00 pm I sent an e-mail requesting a special meeting. That e-mail reads: Paul Last Wednesday I requested a special meeting be set up. I made this request in writing and on phone to you. You failed to make the arrangements to have a special meeting called. I further have attempted to see if a special meeting was set for today with the City Clerk and again, I find that you have not to set a special meeting after my requests. Now, in accordance with the Charter, at 2.12(a), assuming you believe the Local Declaration delegates to you the decision to hold or cancel meetings, 1 am demanding that you set a special meeting for Wednesday after 5:00 pm. The purpose of the Special Meeting will be to rescind the improper Declaration and actually re -do it correctly and also issue additional emergency ordinances. I wish you to look at Gulfport, Florida's Resolution for 2020-17 and 2020-18 past on 21 April 2020 as I plan to have similar resolutions prepared so we can act like proper governmental officials. I expect the acting or current City Attorney to be present, if you feel he is still employed, to answer questions on how he could advise the Mayor to sign the famous Local Declaration without having it held at the prior Regular Meeting or call of a special meeting to discuss implementation of emergency operations under a public health emergency. Any, again, if there is a supposed "emergency", whether or not it was as a result of acts contained in Chapter 870, Florida Statutes, or even a natural disaster or public health crisis, as declared Mr. Dodd, then you are on notice of your Charter Duties that, "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. Wednesday is certainly even more advanced that 24 hour notice and or how notice is given is also relaxed, but notice must be issued, so you are directed by me to set the special meeting at my request under the Charter. I will not permit a catch-22 to exist here for the People where Mr. Dodd declares a Local Emergency and the Council cannot meet to rescind that declaration and then supposedly you are delegated all the authority to block the Council from meeting using Ordinance 2-37. 1 am sure by now you have read that Ordinance and it specifically reads that "F.S. §§ 870-041-870.047, inclusive" are invoked as well which is a problem when we are facing a public health emergency, not riots and violence. Please also note that while I plan to get you a detailed proposed Agenda by 4:30 pm, Ordinance Sec. 2-33 states: "At the council meeting, emergency items may be considered by the unanimous decision of the members of the city council present at the meeting." So given the Council is split 3-2 and the other 2 do not bother to show up on Wednesday, there will most likely be additional emergency items due to their lack of participation as to Council matters. In closing, you are directed to respond to and acknowledge that you with my call under the Charter for a Special Meeting during this Emergency for Wednesday as while I work on an Agenda with my Staff, I will not waste any further time on Charter Officers not executing their mandated duties under the Charter and applicable Ordinances and proceed with all remedies I have available against those that are insubordinate and derelict in performing governmental operations when they are reckless, indifferent or simply ignorant to the City Council as a whole. So, now, and once and for all, to avoid any and all misunderstandings and avoid any confusion on anyone's part going forward here, I demand that you set the special meeting that I have called for Wednesday in the 2:00 pm e-mail as mandated by the Charter, or once again, please respond in writing by 4:00 pm that you are refusing to follow the Charter as a Charter Officer and you are relying on Ordinance 2-37 as mentioned in your 1:55 pm e-mail cancellation notice which you obviously assert trumps the Charter at 2.12(a) so that this conduct causes the Council from meeting under your alleged emergency authority as City Manager which was only passed to you improperly by a Declaration which was never approved in orders in Council. Preventing public meetings of the City Council even in times of public health emergency is not consistent with how other cities in this State conduct their public affairs. I strongly suggest you reconsider any illusion of good faith belief that you can prevent the City Council from having a special meeting until the Governor lifts the State of Emergency as to COVID-19. Sincerely, Damien. Sent via the Samsung Galaxy S9, an AT&T 5G Evolution capable smartphone IN THE CIRCUIT COURT OF THE 19th JUDICIAL CIRCUIT IN AND FOR INDIAN COUNTY, FLORIDA CASE NO.: 312020CA000275XXXXXX ASSIGNED DIVISION: CIVIL DAMIEN H. GILLIAMS, Plaintiff, Vs. ED DODD and PAUL CARLISLE, Defendants. Plaintiffs Ex. 2 Craiq Rappel From: DGilliams@cityofsebastian.org Sent: Sunday, April 26, 2020 7:54 AM To: Craig Rappel Subject: Fwd: FW: Illegal cancellation of regular meeting --- ---- Original Message -------- From: damio <damio@comcast.net> Date: Wed, April 22, 2020 4:57 PM -0400 To: Damien Gilliams <DGilliams@cityofsebastian.org> Subject: FW: Illegal cancellation of regular meeting CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Sent via the Samsung Galaxy S9, an AT&T 5G Evolution capable smartphone -------- Original message ------- From: damio <damio@comcast.net> Date: 4/22/20 4:43 PM (GMT-05:00) To: pcarlisle@cityofsebastian.org Subject: Illegal cancellation of regular meeting You are wrong. 2.12(a) of charter requires a monthly meeting period. Cannot cancel because of emergency. Special Meeting may be called by my council member or officer if emergency. No second is required as not mentioned in Charter. 2.13 requires vote of 4 members to pass ordinance directed to public emergency. So actually it requires 4 members to pass an emergency ordinance that directs handling meetings in emergency. See 2.33 of City Ordinance (Not Charter) that states emergency item can be considered by unanimous consent but that is really directed to a regularly scheduled meeting as directed by the Charter. Damien Sent via the Samsung Galaxy 59, an AT&T 5G Evolution capable smartphone IN THE CIRCUIT COURT OF THE 19th JUDICIAL CIRCUIT IN AND FOR INDIAN COUNTY, FLORIDA CASE NO.: 312020CA000275XXXXXX ASSIGNED DIVISION: CIVIL DAMIEN H. GILLIAMS, Plaintiff, vs. ED DODD and PAUL CARLISLE, Defendants. Plaintiffs Ex. 3 Craig Rappel From: Sent: To: Subject: damio <damio@comcast.net> Wednesday, April 24, 2020 10:06 PM Craig Rappel Fwd: Re: Cancelation of City Council meeting Sent via the Samsung Galaxy 59, an AT&T 5G Evolution capable smartphone -------- Original message -------- From: DGilliams@cityofsebastian.org Date: 4/22/20 10:04 PM (GMT-05:00) To: damio@comcast.net Subject: Fwd: Re: Cancelation of City Council meeting -------- Original Message -------- From: Damien Gilliams <DGilliams@cityofsebastian.org> Date: Wed, April 22, 2020 2:59 PM -0400 To: Paul Carlisle <pcarlisle@cityofsebastian.org> Subject: Re: Cancelation of City Council meeting Good afternoon Paul I am in receipt of your letter to cancel the April 22nd meeting for the city council based on the emergency declaration which I've already indicated it's an illegal declaration being it was not approved by 3 council members according to the charter. I hope you take the time to get a second legal opinion . Damien -------- Original Message ------- From: Paul Carlisle <pcarlisle@cityofsebastian.org> Date: Wed, April 22, 2020 2:35 PM -0400 To: council <council@CityOfSebastian.org> CC: Manny Anon <Manon@cityofsebastian.org>, Jeanette Williams <jwilliams@cityofsebastian.org> Subject: Cancelation of City Council meeting Good afternoon, Based on the consensus of the City Council and the authority granted by the Declaration of Local State of Emergency, I am directing that the meeting of April 22, 2020 be postponed and all items carried forward to the next regularly scheduled meeting. [cid:image003.png@0lD618B3.468EBAEO] Paul E. Carlisle City Manager City of Sebastian 1225 Main Street Sebastian, fl. 32958 772-388-8200 IN THE CIRCUIT COURT OF THE 19th JUDICIAL CIRCUIT IN AND FOR INDIAN COUNTY, FLORIDA CASE NO.: 312020CA000275XXXXXX ASSIGNED DIVISION: CIVIL DAMIEN H. GILLIAMS, Plaintiff, vs. ED DODD and PAUL CARLISLE, Defendants. Plaintiffs Ex. 4 Craiq Rappel From: DGilliams@cityofsebastian.org Sent: Friday, April 24, 2020 6:10 AM To: Craig Rappel Subject: Fwd: Emergency meeting 4/22/20 ------- Original Message -------- From: Damien Gilliams <DGilliams@cityofsebastian.org> Date: Mon, April 20, 2020 11:39 AM -0400 To: Paul Carlisle <pcarlisle@cityofsebastian.org>, Jeanette Williams <jilliams@cityofsebastian.org>, Manny Anon <Ma non @cityofsebastia n.org> Subject: Emergency meeting 4/22/20 Good morning to whom this may concern,.To<http://concern,.To> all charter offices this is my notice as a councilman to call for an emergency meeting under the charter for April 22nd. Please use the Agenda already sent out. Damien Gilliams IN THE CIRCUIT COURT OF THE 19th JUDICIAL CIRCUIT IN AND FOR INDIAN COUNTY, FLORIDA CASE NO.: 312020CA000275XXXXXX ASSIGNED DIVISION: CIVIL DAMIEN H. GILLIAMS, Plaintiff, Vs. ED DODD and PAUL CARLISLE, Defendants. Plaintiffs Ex. 5 Craiq Rappel From: DGilliams@cityofsebastian.org Sent: Friday, April 24, 2020 6:12 AM To: Craig Rappel Subject: Fwd: Meeting ---- --- Original Message -------- From: Damien Gilliams <DGilliams@cityofsebastian.org> Date: Sun, April 19, 2020 11:14 AM -0400 To: Paul Carlisle <pcarlisle@cityofsebastian.org> Subject: Meeting Please do not cancel this meeting I will have to call an emergency meeting. The public is not educated and does not understand they can participate through social media. Or one at a time at the chambers. Damien IN THE CIRCUIT COURT OF THE 19th JUDICIAL CIRCUIT IN AND FOR INDIAN COUNTY, FLORIDA CASE NO.: 312020CA000275XXXXXX ASSIGNED DIVISION: CIVIL DAMIEN H. GILLIAMS, Plaintiff, LIRA ED DODD and PAUL CARLISLE, Defendants. Plaintiffs Ex. 6 Craig Rappel From: DGilliams@cityofsebastian.org Sent: Friday, April 24, 2020 6:14 AM To: Craig Rappel Subject: Fwd: Re: Emergency meeting 4/22/20 - ----- Original Message -------- From: Damien Gilliams <DGilliams@cityofsebastian.org> Date: Mon, April 20, 2020 12:43 PM -0400 To: Paul Carlisle <pcarlisle@cityofsebastian.org>, Jeanette Williams <jwilliams@cityofsebastian.org>, Manny Anon <Ma non@ cityofsebastian.org> Subject: Re: Emergency meeting 4/22/20 Special meeting is under The Charter 2.12 Precedure. Damien ------- Original Message -------- From: Damien Gilliams <DGilliams@cityofsebastian.org> Date: Mon, April 20, 2020 11:39 AM -0400 To: Paul Carlisle <pcarlisle@cityofsebastian.org>, Jeanette Williams <jwilliams@cityofsebastian.org>, Manny Anon <Manon @cityofsebastia n.org> Subject: Emergency meeting 4/22/20 Good morning to whom this may concern,.To<http://concern,.To> all charter offices this is my notice as a councilman to call for an emergency meeting under the charter for April 22nd. Please use the Agenda already sent out. Damien Gilliams IN THE CIRCUIT COURT OF THE 19th JUDICIAL CIRCUIT IN AND FOR INDIAN COUNTY, FLORIDA CASE NO.: 312020CA000275XXXXXX ASSIGNED DIVISION: CIVIL DAMIEN H. GILLIAMS, Plaintiff, Vs. ED DODD and PAUL CARLISLE, Defendants. Plaintiffs Ex. 7 Craiq Rappel From: DGilliams@cityofsebastian.org Sent: Friday, April 24, 2020 6:15 AM To: Craig Rappel Subject: Fwd: April 22 2020 meeting ------- Original Message -------- From: Damien Gilliams <DGilliams@cityofsebastian.org> Date: Tue, April 21, 2020 11:26 AM -0400 To: Paul Carlisle <pcarlisle@cityofsebastian.org> Subject: April 22 2020 meeting Good morning Paul just as a reminder, from my previous email, if there is any attempt to cancel this City Council meeting I want to exercise my right for the special emergency meeting within the 24 hour notice. And that also includes the emergency declaration clause as well. I understand that you are under a lot of pressure but I'm sure you going to do the right thing. Regards Damien IN THE CIRCUIT COURT OF THE 19th JUDICIAL CIRCUIT IN AND FOR INDIAN COUNTY, FLORIDA CASE NO.: 312020CA000275XXXXXX ASSIGNED DIVISION: CIVIL DAMIEN H. GILLIAMS, Plaintiff, VS. ED DODD and PAUL CARLISLE, Defendants. Plaintiff s Ex. 8 Craiq Rappel From: DGilliams@cityofsebastian.org Sent: Friday, April 24, 2020 6:26 AM To: Craig Rappel Subject: Fwd: Special meeting ------ Original Message ------- From: Damien Gilliams <DGilliams@cityofsebastian.org> Date: Thu, April 23, 2020 1:11 PM -0400 To: Jeanette Williams <jwilliams@cityofsebastian.org> Subject: Special meeting Please add to the agenda modification of emergency declaration for the special meeting on Friday Damien IN THE CIRCUIT COURT OF THE 19th JUDICIAL CIRCUIT IN AND FOR INDIAN COUNTY, FLORIDA CASE NO.: 312020CA000275XXXXXX ASSIGNED DIVISION: CIVIL DAMIEN H. GILLIAMS, Plaintiff, VS. ED DODD and PAUL CARLISLE, Defendants. Plaintiffs Ex. 9 (Government Meetings in Council Chambers, Special Events in City Parks) All government meetings in City Chambers will be broadcast live on COS -TV via Comcast Channel 25, ATT UVerse Channel 99, and streamed live on unless otherwise noticed - see COS -TV for broadcast schedule 5:30pm - 6:15pm - King Tide 6:45pm - 8:OOpm - TBD M��on,d�aav,Ma 4. 2 20 BnArd n GnllnGil G,h,�..^"',bers-wpm fuel I May 202 �`(JU ar koy n Meeting at the County Administration Bldg. in Vero Beach —9am (Mayor Dodd Monitoring) ThUrsd2 Ma Ut'I Tg yer Observance at Sebastian City Hall — 12:20pm Frida y 8, 20>0 �ra � loon Board of Directors Meeting in Council Chambers — 9:30am — 12:30pm ue ,M 12.2020 Meeting at the County Administration Bldg. in Vero Beach — 9am (Mayor Dodd Monitoring) � 1 Ilk (1 e� C ,. l (`hampers - 6pm � e� J M 1 q 2020 ((4t;4 'k to Meeting at the County Administration Bldg. in Vero Beach-9am (Mayor Dodd Monitoring) p" p (i21 (YJ/ ;# layay - City Hall Closed 0 Memorial Day Observance at Riverview Park at Veterans Memorial - 1lam Wednesday May 27. 2020 From: Cathy Testa Sent: Monday, May 04, 2020 2:11 PM To: All Employees; council Subject: May City Calendar - Revised Best Regards, [city logo] Cathy Testa Records Clerk 772-388-8209 CTesta@cityofsebastian.org IN THE CIRCUIT COURT OF THE 19th JUDICIAL CIRCUIT IN AND FOR INDIAN COUNTY, FLORIDA CASE NO.: 312020CA000275X)D= ASSIGNED DIVISION: CIVIL DAMIEN H. GILLIAMS, Plaintiff, vs. ED DODD and PAUL CARLISLE, Defendants. Plaintiffs Ex. 10 Craig Rappel From: DGilliams@cityofsebastian.org Sent: Friday, April 24, 2020 6:17 AM To: Craig Rappel Subject: Fwd: Re: April 22 2020 meeting -------- Original Message -------- From: Paul Carlisle <pcarlisle@cityofsebastian.org> Date: Tue, April 21, 2020 11:28 AM -0400 To: Damien Gilliams <DGilliams@cityofsebastian.org> CC: Manny Anon <Mannn@cityofsebastian.org> Subject: April 22 2020 meeting I understand and I have expressed the fact that the charter allows you to do that. Sent from Workspace ONE Boxer On Apr 21, 2020 11:26 AM, Damien Gilliams <DGilliams@cityofsebastian.org> wrote: Good morning Paul just as a reminder, from my previous email, if there is any attempt to cancel this City Council meeting I want to exercise my right for the special emergency meeting within the 24 hour notice. And that also includes the emergency declaration clause as well. I understand that you are under a lot of pressure but I'm sure you going to do the right thing. Regards Damien BOARD OF COUNTY COMMISSIONERS 3120200026299 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 3299 PG: 2239 Page 1 of 2 5/12/2020 1:05 PM 0 PROCLAMATION DECLARING AND EXTENDING A LOCAL STATE OF EMERGENCY IN INDIAN RIVER COUNTY, FLORIDA, IN CONNECTION WITH COVED-19 WHEREAS, on March 1, 2020, Governor Ron DeSantis, in his capacity as Governor of the State of Florida, issued Executive Order 20-51, directing the declaration of a public health emergency and establishing the State of Florida's response to COVID-19; and WHEREAS, on March 1, 2020, the State Surgeon General declared a public health emergency in the State of Florida; and WHEREAS, on March 7, 2020, Indian River County began making preparations to address COVID-19; and WHEREAS, on March 9, 2020, Governor Ron DeSantis, in his capacity as Governor of the State of Florida, issued Executive Order Number 20-52, declaring that a state of emergency exists in the State of Florida by reason of COVID-19; and WHEREAS, pursuant to section 101.10(1) of the Code of Indian River County, and Resolution 2019-55 of the Indian River County Board of County Commissioners, the County Administrator is authorized to declare a local state of emergency upon making a determination that a disaster has occurred or is imminent, requiring immediate and expeditious action, WHEREAS, in my capacity as County Administrator, I determined that, by reason of COVID-19, the threat of a disaster had occurred or was imminent, requiring immediate and expeditious action, and declared that a local state of emergency existed in all of Indian River County, Florida, effective as of 8:00 a.m., on March 17, 2020; and WHEREAS, in my capacity as County Administrator, I determined that, by reason of COVID-19, the threat of a disaster had occurred or was imminent, requiring immediate and expeditious action, and declared that a local state of emergency existed and continued to exist in all of Indian River County, Florida, effective as of 8:00 am., on March 24, March 31, April 7, April 14, April 21, and at 7:00 a.m. on April 28, and May 5, 2020; and OFFICE OF TILE COUNTYADMINISTRATOR INDIANRIVER COUNTY 1801.27t" Street, Vero Beach, Fl. 32960-3388 PHONE: 772-226-1408 BOARD OF COUNTY COMMISSIONERS WHEREAS, as of May 12, 2020, Indian River County is still suffering the effects of COVID-19, which continue to pose a threat to the public health, safety and welfare of the citizens of Indian River County; NOW, THEREFORE, in my capacity as County Administrator, I hereby (1) determine that, by reason of COVID-19, the threat of a disaster has occurred, requiring immediate and expeditious action, and (2) declare that a local state of emergency exists and continues in all of Indian River County, Florida, effective as of 7:00 a.m., on May 12, 2020. Jaso*ro, iv ounty Administrator OFFICE OF THE COUNTYADMINISTRATOR INDIANRINER COUNTY 1801 27" Street, Vero Beach, Fl. 32960-3388 PHONE: 772-226-1408 MIL 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 ergen order to provide for the health and safety of persons and property; and WHEREAS, by virtue of SectioC2-037 of the Cod of the City of Sebastian, the power to declare a Local State of Emergency is vested in 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, strucires 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. i COVID -19 Initial� Page 1 I' ,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: Time: _�////:�������� — �/ Witness: z WJACla Yn 4 Cancelled: Signed by Mayor: Time: Witness: Date: '1 1 x' Date: COVID -19 Initiald� Page 2 0 [ )Do , t"ti cc c t4 A . su t—t-, try r -. t / L' 1 i S ✓, ueS1 lI�ce rro� .S ( kk' vi a,3 5� Ito e\ OV § 2-85 SEBASTIAN CODE \ vote of the council members in attendance. Appointment by the council of a member to be the city's representative to a committee or agency shall be deemed to be authorization to attend meetings of said committee or agency. Council members shall be reimbursed for their actual and necessary travel expenses in accordance with policies and procedures adopted by resolution, including mileage costs for travel beyond 75 miles. (Ord. No. 0-00-01, § 4, 2-1-00; Ord. No. 0-04-17, § 3, 9-15-04; Ord. No. 0-06-19, § 2, 10-11-06) Sec. 2-36. Other boards or committees. Absent express authorization within the ordinance or resolution establishing a board or committee of the city, no member of council shall serve thereupon in any capacity. (Ord. No. 0-04-16, § 2, 9-15-04) ARTICLE IIA. PUBLIC See. 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 Sebast!art 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 time. (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 manage- ment 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 practicable time, be presented to the city council for ratification, confirmation, amendment or termination. I . (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, 10-14-16) Supp. No. 60 CD2:6.6 PARTI-CHARTER CHARTER COMPARATIVE TABLE Compensation. by C i " S". -% r ILL" - II: y The mayor, vice -mayor and each of the other council members shall be paid the following amounts on a monthly basis: (1) Mayor: Four hundred fifty dollars ($450); (2) Vice -mayor: Three hundred dollars ($300); and (3) Council members: Three hundred dollars ($300). (Res. No. R-82-22, 9-8-82; Res. No. R-87-04, § VI, 2-4-87; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0- 93-02, § 1, 1-27-93; Ord. No. 0-99-22, § 1, 11-3-99, election of 3-14-00) Sec. 2.06. - Mayor; vice -mayor. (a) Mayor —Selection and term. [Ajfter the seating of any newly elected council members at the city council meeting held pursuant to Section 2.04 the new city council shall, as the first order of business, elect a mayor from among its members. The incumbent mayor or in his or her absence, the vice -mayor or in his or her absence, the senior member of city council, shall ask for nominations for mayor. After all nominations have been made, the nominations shall be closed. The city clerk shall then call the roll of the council members and each council member shall cast an affirmative vote for the council member of their choice. The council member that receives a majority vote shall be elected mayor. In the event no council member receives a majority of the votes cast on the first ballot, balloting with sequential roll calls shall continue until a council member receives a majority vote. Council members shall not nominate themselves. Only elected council members shall be eligible for the office of mayor. (1) if there is no mayor seated on the new or existing city council, a temporary city council chairperson may be elected from the incumbent members of the city council for the purpose of electing a mayor as set forth above. (2) In the event there is only one nomination and second for mayor, the nominee shall be seated as mayor. (b) Mayor —Duties, general. The mayor shall preside at each meeting of the city council, shall have a vote upon matters before the city council, but shall not possess a veto power. The mayor shall have the power to preserve the peace and adder, ead of t r, be recognized as the hhe city government for all ceremonial purposes, anUall be recognized by the governor as the head of the city government for purposes of military law. The mayor shall sign all ordinances, resolu 'ons and proclamations of the city council or other documents as required by law on behalf of the city as directed and authorized by the city council, which shall also be attested by the city clerk. _ - .... (c) Vice -mayor —Selection and term. Immediately subsequent to the selection of a mayor, the city council shall elect a vice -mayor from among its members. The term of the vice -mayor shall be for one year or until his or her successor is elected. The vice -mayor shall be elected using the same procedure as for the election of mayor. (d) Vice -mayor —Duties, general. In the absence or disability of the mayor, the vice -mayor shall serve as mayor during such absence or disability. In the absence or disability of both the mayor and vice - mayor, the senior member of city council shall serve as mayor during such absence or disability. (e) Vacancies. In the event the office of mayor shall become vacant during the course of a term, the vice -mayor shall succeed to the office of mayor. In the event the office of vice -mayor shall become Sebastian, Florida, Code of Ordinances Page 6 of 20 The Law Offices of Michael Sapourn, LLc April 3, 2020 Mr. Ed Dodd, Mayor Sebastian City Hall 1225 Main Street Sebastian, FL 32940 Re: Scozzari Variance Request Unity of Title application to join 1411 to 1401 Thornhill Lane Dear Mayor Dodd, Joseph and Julia Scozzari retained me as counsel to assist them in obtaining approval for the referenced variance. I reviewed the Board of Adjustment Agenda Transmittal for the meeting scheduled on 3/18/2020, along with the Variance Application and Staff Report. Although the City Council meeting commenced on 3/18/2020, it was suspended by you despite a majority vote of three to proceed, prior to the quasi-judicial hearing on my Clients' Request. I have reviewed the video of the meeting and how it was closed before the scheduled hearing on my Clients' variance application. I have also reviewed the Sebastian, Florida City Charter. The Charter does NOT allow the Mayor to override a majority vote of the board. The Charter states: "Section 2.06 — Mayor; Vice mayor (b) Mayor —Duties, general. The mayor shall preside at each meeting of the city council, shall have a vote upon matters before the city council, but shall not possess a veto power." I have also reviewed the Resolution adopting Robert's Rules of Order. Where Robert's Rules conflicts with the City Charter, the City Charter overrides in the absence of a valid Amendment. Your unilateral action deprived my Clients of due process. Since you took that action, we are now under a "stay at home order" until at least May 1". The likelihood of this matter coming before the adjustment board within the next few months is uncertain. Your action may have affected the value of the subject property. 3824 Craigston Street, Melbourne, Florida 32940 Phone: 321-537-3175; Fax: 877-215-1280; michael0saoournlaw.com www.TheFloridainsuranceLamWer.com The Law Offices of Michael Sapourn, I.I-c The structure in question is not being used by my Clients for business purposes. Although Mr. Scozzari parks a few trucks with his roofing ffrm's logo on the property, that fact alone does not constitute a business use. Their business shop is located at 415 US Highway 1 in Vero Beach. They use their home address on correspondence because they administer their business there. The structure was built in the mid-1980s in compliance with the building codes at that time. It is my understanding that the City Clerk cannot find the paperwork associated with permits issued then. Although it is non -conforming under current code, failing to grandfather the structure as built would result in an unnecessary devaluation of the property. This unnecessary action has cost my Clients attorney's fees and other costs which we intend to pursue. Please let this letter sere as our request to be re -instated on the Agenda when the next public meeting is scheduled. You may contact me directly for that purpose. SiCncSerC0�,-Sapduyrn� Micha Esq. Cc: Councilman Damian Gilliams Councilman Jim Hill Councilwoman Pamela Parris Councilman Charles Mauti Ms. Jeanette Williams, City Clerk 3824 Craigston Street, Melbourne, Florida 32940 Phone: 321-537-3175; Fax: 877-215-1280; michael@saoournlaw.com www.TheFloridalnsuranceLawver.com PARTI-CHARTER CHARTER COMPARATIVE TABLE (Ord. No. 0-88-43, § 2, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-91-30, § 2, 1-8-92; Ord. No. 0-93-02, § 2, 1-27-93; Ord, No. 0-99-24, § 1, 11-3-99, election of 3-14-00; Ord. No. 0-11-09, § 2, 7-13- 11, election of 11-8-11) Editor's note- Section 1 of Ord. No. 0-88-43, adopted January 11, 1989, repealed former § 2.08 in its entirety and § 2 of the ordinance renumbered § 2.09 as § 2.08. The repealed provisions pertained to supervision over administrative officers and derived from the original Charter of the city adopted by Ord. No. 0-78-9 on October 9, 1978. 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 editors 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 Sebastian, Florida, Code of Ordinances Page 8 of 20 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. (c) Voting. Voting may be by voice vote, except that a roll call vote shall be required on appropriation of funds, for the approval of an ordinance or upon any motion upon the call of any council member. The ayes and nays on each roll call vote shall be recorded in the minutes of the meeting. Three (3) members of the city council shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent council members in the manner and subject to the penalties prescribed by the rules of the city council then in force. No action of the city council, except as otherwise provided in this Charter, shall be valid or binding unless adopted by the affirmative vote of three (3) or more council members. (Ord. No. 0-88-43, § 9, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-91-30, § 3, 1-8-92; Ord. No. 0-93-02, § 3, 1-27-93; Ord. No. 0-99-26, § 1, I 1-3-99, election of 3-14-00; Ord. No. 0-06-13, § 1, 10-11-06) Editor's note— Seethe editor's note following § 2.11. Sent via the Samsung Galaxy S9, an AT&T 5G Evolution capable smartphone 257 of 277 PARTI-CHARTER CHARTER COMPARATIVE TABLE Y provide for keeping a journal of its proceedings. This journal shall be a public record. Z j (c) Voting. Voting may be by voice vote, except that a roll call vote shall be required on appropriation of funds, for the approval of an ordinance or upon any motion upon the call of any council member. The �- ayes and nays on each roll call vote shall be recorded in the minutes of the meeting. Three (3) j members of the city council shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent council members in the manner and subject to the penalties prescribed by the rules of the city council then in force. No action of the.city cry ouncil, except as otherwise provided in this Charter, shall be valid or binding unless adopted by the affirmative vote of three_ (3) or more couricTmembers. - (Ord. No. 0-88-43, § 9, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-91-30, § 3, 1-8-92; Ord. No. 0-93-02, § 3, 1-27-93; Ord. No. 0-99-26, § 1, 11-3-99, election of 3-14-00; Ord. No. 0-06-13, § 1, 10- 11-06) Editor's note— See the editor's note following § 2.11 I� Sec. 2.13. - Emergency ordinances. To meet a public emergency affecting life, health, property or the public peace, the city council may adopt one (1) or more emergency ordinances, but such ordinances may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its services or authorize the borrowing of money except an emergency appropriation. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least four (4) members shall be required for adoption. After its adoption the ordinance shall be posted as prescribed for other adopted ordinances. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance except an emergency appropriation shall automatically stand repealed as of the ninety-first (91st) day following the date on which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (Ord. No. 0-88-43, § 10, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92) Editor's note— See the editor's note following § 2.11 State law reference— Uniform minimum requirements for adoption of ordinances, F.S. § 166.041. Sec. 2.14. - Codes of technical regulations. The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such an adopting ordinance shall be as prescribed for ordinances generally, except that: (1) The requirements of state law for distribution and filing of copies of the ordinance shall be construed to include copies of the code of technical regulations as well as of the adopting ordinance; and (2) A copy of each adopted code of technical regulations as well as of the adopting ordinance Page 9 of 20 Sebastian, Florida, Code of Ordinances Position Title: City Manager Department: City Manager Date: 1 /10/2014 n Job Code Number: Pay Grade: Union: Exempt CITY OF SEBASTIAN CLASSIFICATION DESCRIPTION POSITION TITLE: CITY MANAGER GENERAL DESCRIPTION OF DUTIES C ( pv rJ l l C The City Manager performs highly responsible management, administrative, and professional duties as the Chief Executive Officer of the City. The incumbent exercises a high degree of independence, initiative, and professional expertise in the daily administration and management of municipal operations in accordance with policies established by the City Council, the City Charter, and City, State, and Federal laws, regulations, and guidelines. Overall responsibility for all City departments, including Community Development, Public Works, Administrative Services, Police, Information Technology, Building Department, Golf Course and Airport. Provides visionary, innovative leadership, supervision and general direction for the Department Directors, to coordinate their efforts toward achieving their departmental and i City goals. Works closely with the City Council; performing related duties and functions as delegated, z. assigned or required. Work is performed under the guidance of the City Council. This position reports to 3 the Mayor and four Council members, and is a fellow Charter Officer to the City Clerk and City Attorney. 4 under the administrative direction of the City Council, performs skilled administrative work serving as the City Manager and overseeing all City Departments. This requires professional, administrative and supervisory work in directing the overall management of the city government as determined by the policies 7 and direction of the City Council. This employee is appointed by the elected City Council. The employee in this class is the appointing and supervisory authority of all employees of the city not otherwise excluded from the Manager's authority by the Charter. This employee is responsible for providing the City Council with an annual fiscal plan of operation for each coming year. This employee is responsible for carrying out (ythe policies and plans of the City Council. Work is subject to review for overall effectiveness through conferences, reports and observation of achieved results. DIMENSIONS Fiscal Year 2014 Budget: 21.8M total, of which 10.06M is for General Fund operations Total Employees: 210 Labor Contracts: Coastal Florida Public Employees Association Coastal Florida Police Benevolent Association ORGANIZATIONAL FUNCTION (Refer to current chart) SPECIFIC DUTIES AND RESPONSIBILITIES ESSENTIAL FUNCTIONS Plans, coordinates and supervises the activities of all city departments except those excluded by Charter. Develops, implements, modifies and supervises overall city policies and operating procedures. Meets with community and professional groups to seek recommendations and support for city projects. Supervises, analyzes and reports on departments, activities and projects under his/her direction. Provides and recommends an overall fiscal and operational plan to the City Council. Monitors goals established for the departments; follows -up on programs assigned to various departments; coordinates programs across departmental lines. Directs the development and administration of the City budget and Capital Improvement Program. 7 Reports both orally and in writing on a regular basis to the City Council regarding matters of policy determination. Position Title: City Manager Job Code Number: Department: City Manager Pay Grade: Date: 1/10/2014 Union: Exempt CITY OF SEBASTIAN CLASSIFICATION DESCRIPTION POSITION TITLE: CITY MANAGER Evaluates operating performance of City departments and divisions. Has the ability to hire and terminate all Department Heads. Develop a team attitude between city employees and elected officials. Provides consistent and sound administrative direction to city departments that is consistent with council policy direction. Ability to develop and maintain effective working relationships with officials, department directors, the general public, and subordinates. Demonstrated ability to lead; identifying and executing appropriate action relative to the situation, project, and/or program. Performs the operational oversight of the departments. Processes complaints by the citizens; channels the requests to the proper departments or individuals for solutions. Resolves or assists in the resolution of citizen complaints. Coordinates the preparation of the annual operating budget; monitors implementation of the operating budget which includes approving administrative transfers and processing budget amendments. Carries out inter -governmental relations with other agencies. Disciplines subordinate employees when appropriate. Performs strategic planning for the City. Oversees development of policies and procedures for the municipal organization. Oversees the implementation of the City's strategic plan, goals, and objectives to meet the operational needs of the City. Fosters intergovernmental cooperation by acting as the City's participant representative with court, state, federal, and inter -jurisdictional agencies. Provides administrative support for, and in cooperation with agencies created by City Charter but not under the Managers direction. Performs related work as required. Note: The listed duties are illustrative only and are not intended to describe each and every function which may be performed in the job class. The omission of specific statements does not preclude management from assigning specific duties not listed herein if such duties are a logical assignment to the position. REQUIREMENTS: MINIMUM TRAINING AND EXPERIENCE Possession of a Master's degree in public administration or business administration, and five (5) to ten (10) years of increasingly responsible experience in the field of public administration, or a Bachelor's degree with an equivalent combination of training and experience that provides the required knowledge, skills and abilities. Position Title: City Manager Job Code Number: Department: City Manager Pay Grade: Date: 1/10/2014 Union: Exempt CITY OF SEBASTIAN CLASSIFICATION DESCRIPTION POSITION TITLE: CITY MANAGER Thorough knowledge of modern business management. Thorough knowledge of the principles and practices of public administration. Considerable knowledge of sources of information related to solving complex issues of local government. Ability to write and present clear concise reports, memorandums, directives, speeches, and letters. Through knowledge of the principles and practices of public administration. Thorough knowledge of and the ability to apply the principles of organization theory, personnel administration and financial administrations in the management of city operations and functions. Considerable knowledge of the principles and practices of administrative analysis. Considerable knowledge of the principles, techniques and methods employed in the preparation and dissemination of information to the public. Ability to work cooperatively and productively with federal, state and other local government officials as well as other public and private sector community leaders and organizations. Ability to establish and maintain effective working relationships with city officials, employees, and the general public. SPECIAL REQUIREMENTS: PERFORMANCE INDICATORS Note: The knowledge, skills and abilities identified in this class specification represent those needed to perform the duties of this class. Additional knowledge, skills and abilities may be applicable for individual positions. Qualitv of Work: Maintains high standards of accuracy in exercising duties and responsibilities. Exercises immediate remedial action to correct any quality deficiencies that occur in areas of responsibility. Maintains high quality communication and interacts with all departments and divisions, coworkers and the general public. PHYSICAL REQUIREMENTS: This is mainly sedentary work. OFFICE OF THE GOVERNOR EXECUTIVE ORDER NUMBER 20-69 (Emergency Management — COVID-19 — Local Government Public Meetings) WHEREAS, on March I, 2020, 1 issued Executive Order 20-51 directing the Florida Department of Health to issue a Public Health Emergency as a result of COVID-19; and WHEREAS, on March I, 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 9, 2020, 1 issued Executive Order 20-52 declaring a state of emergency for the entire State of Florida as a result of COVID-19; and WHEREAS, on March 16, 2020, President Donald J. Trump and the Centers for Disease Control and Prevention ("CDC") issued the "15 Days to Slow the Spread" guidance advising individuals to adopt far-reaching social distancing measures, such as working from home and avoiding gatherings of more than 10 people; and WHEREAS, on March 17, 2020, 1 wrote a letter to Attorney General Ashley Moody seeking an advisory opinion regarding concerns raised by local government bodies about their ability to hold meetings through teleconferencing and other technological means in order to protect the public and follow the CDC guidance regarding social distancing; and WHEREAS, on March 19, 2020, Attorney General Ashley Moody delivered an opinion to me indicating that certain provisions of Florida law require a physical quorum be present for local government bodies to conduct official business, and that local government bodies may only conduct meetings by teleconferencing or other technological means if either a statute permits a quorum to be present by means other than in person, or that the in person requirement for constituting a quorum is lawfully suspended during the state of emergency; and 16 of 359 City of Sebastian, Florida Resolution 20-06 Re: Emergency Management, COVID-19 — Local Government Public Meetings Quorum & Procedures the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. SECTION 6. SCRIVENER'S ERRORS. Sections of this resolution may be renumbered or re - lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of further action of the City Council by filing a corrected copy of same with the City Clerk. SECTION 7. EFFECTI.VE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Ed Dodd Vice -Mayor Charles Mauti Councilmember Jim Hill Councilmember Pamela Parris Councilmember Damien Gilliams The Mayor thereupon declared this Resolution duly passed and adopted on this 22"d day of April 2020. ATTEST: CITY OF SEBASTIAN, FLORIDA 0 Ed Dodd, Mayor Approved as to form and legality for the reliance by the City of Sebastian only: Jeanette Williams, City Clerk Manny Anon, Jr., City Attorney 611:12 15 of 359 WHEREAS, it is necessary and appropriate to lake action to ensure that C'OVID-19 remains controlled. and that residents and visitors in Florida remain safe and secure; 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. 1 hereby suspend any Florida Statute that requires a quorum to be present in person or requires a local government body to meet at a specific public place. Section 2. Local government bodies may utilize communications media technology. such as telephonic and video conferencing, as provided in section 120.54(5)(b)2., Florida Statutes. Section 3. This Executive Order does not waive any other requirement under the Florida Constitution and "Florida's Government in the Sunshine Laws," including Chapter 286, Florida Statutes, Section 4. This Executive Order shall expire at the expiration of Executive Order 20- 52, including any extension. ATTES i : ECRETARY OF STATE 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 20th da of March, 2020 RON DESANTIS, GOVERNOR 17 of 359 Parliamentary Procedures Workshop Board of Adjustment 8 Regular Council Meeting January 8, 2020 Page Three Jearetbe Yhlliarsr City CGeuic Bob Stephen asked if the City Manager wasn't doing his job, did he have to wail until the next Council meeting to talk to Council. Mayor Dodd advised him to speak under public input at a Council meeting or call the hotline number to begin a paper trail. It was the consensus of City Council to move up Public Input after the Consent Agenda or Committee Reports through a revision of the resolution. Mayor Dodd reviewed that a Council Member has the power to bring an item to Council and then turn the power to Council who can then act on the item and then give it to the Charter Officers for implementation. Being no further business, Mayor Dodd recessed the workshop at 5:45 p.m. 5, ADJOURN WORKSHOP & CONVENE REGULAR CITY COUNCIL MEETING Mayor Dodd reconvened the Regular City Council Meeting at 6:01 p.m. All Members except Council Member Hill were present. 6. AGENDA MODIFICATIONS Modifications for additions require unanimous vote of City Council members MOTION by Mayor Dodd and SECOND by Council Member Gilliams to add item #13a requesting to lift the spraying moratorium in order to spray the ballfields. Council Member Gilliams said he would not vote for the additional item and requested the Information be placed on the next agenda so they would have time to review the material. No further action was taken. 7. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCIEINE TS Presentations of proclamations, certificates and awards, an brEee t!e y announcements by Council and Staff No public Input or action under this heading. Brief Announcements January 11- Craft Club Show in the Park - 10 am to 3 pm January 18 to 19 - Sebastian River Fine Art and Music Festival in Riverview Park January 16 to 19 - Fellsmere Frog Leg Festival in Sister City Feltsmere Mayor Dodd announced the upcoming events and the City Manager added the Indian River County Executive Roundtable Committee would be holding their 5K Run Saturday at the Fellsmere Preserve which will support the underserved youth of Indian River County. 8. ADJOURN CITY COUNCIL MEETING AND CONVENE BOARD OF ADJUSTMENT MEETING Chairman Dodd adjourned the Regular City Council meeting and convened the Board of Adjustment meeting at 6:11 p.m. A. MOTION by Chairman Dodd and SECOND by Mr. Gilliams to approve the May 8, 2019 Board of Adjustment Minutes passed with a unanimous vote of 4-0. 18 of 359 ill 16.I have already ruled that if there was a proper special meeting that was called and if it was improperly denied, it would be a violation of this section. However, there is a fact pattern that has to be laid by the City Council on those facts before it even comes to the judiciary. So, in that regard this issue has to go to the City Council for its review. 17. Number four, in compliance with the Sebastian City Charter Article II Section 2.13, whether the City Council chooses to adopt an emergency ordinance as contemplated by that section in its notice requirement -- that section is very specific. And my expectation is the City Council will be able to have the opportunity to review that specific section. 18. Those are the four subject matter categories that shall be included with this upcoming meeting, but the meeting is not limited to those issues. To that extent the emergency injunction is granted. WHEREFORE, IT IS ORDERED AND ADJUDGED that the motion for temporary injunction is Granted. The Court does hereby enter this temporary injunction and shall continue during the pendency of the action unless this injunction is dissolved prior to the completion of the final merits trial on the pleadings before the Court and enjoins the Defendants to conduct the following actions: A. The City Manager is directed to ensure that City Council shall meet at City Hall applying all public health COVID-19 requirements including proper distancing of people and the use of electronic communications access for the public. B. The City Manager is directed to set a time for City Council to meet and the practical time for the City Council to meet is ripe. C. The Meeting of the City Council shall include the following subject matters to be placed on the Agenda: 1. Whether or not the City Council chooses to keep or terminate the state of emergency issued by the Mayor. 11 2. Any orders issued by the City Manager from the date of the issuance of the declaration of the local state of emergency, and until , shall be submitted to the City Council for review action by the City Council in accordance with Section 2- 37(2)c of the Municipal Code. 3. The City Council shall determine facts necessary as to whether there was a proper special meeting request by Mr. Gilliams and whether 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. 4. The City Council may enact any emergency ordinance(s) under the provisions of Article II, Section 2.13 of the Charter. 5. Any other issue requested by any member of the City Council or Charter Officer may be also placed on the Agenda as this Order shall not limit the items to be addressed by the City Council. D. There is no bond required for this temporary injunction as the Plaintiff is a public official and the subject matter of this Order is in the public interest. E. Application for Costs entitlement and amounts are reserved pursuant to Section 86.081, Fla. Stats. F. This Order becomes immediately effective on the date it is filed by the Clerk of Court, and this court reserves jurisdiction over the parties to enforce any noncompliance with this temporary injunction. DONE AND ORDERED in Chambers at the Indian River County Courthouse, Vero Beach, Indian River County, Florida, this _ 12 day of May 2020. -- HON. JANET CARNEY C OM Judge of the Circuit Court E-service list to Counsel of Record: Craig Marc Rappel, Esq., cmr@rappelhealthlaw.com Johnathan D. Barkett, Esq., jbarkett@verolaw.com, mlee@verolaw.com C. Douglas Vitunac, Esq., dvitunacpleadings@verloaw.com, dhaidary@verolaw.com E 10.In further applying the law to the facts, this Court finds there is no allegation, there is no well-founded allegation by any party that there was an impossibility for the City Council to meet at City Hall as contemplated by the City Code. 11. My order is going to address three main categories. Number one will be the place. Number two will be the time. And number three will be the subject matter. Addressing the place, therefore; in applying the City Codes notice requirements, City Council shall meet at City Hall applying all public health COVID-19 requirements including proper distancing of people and use of electronic communications such as we are using now in the entire judicial system which is Zoom. 12. The second category I am addressing is time. Applying the City Code's earliest practical time to meet, time is certainly ripe. Many institutional offices around the U.S. are up and running, including the judiciary and the clerk's offices. There is no reason that has been provided, no reasonable reason which can be provided why Sebastian cannot likewise find creative ways to meet as is required by its Code. 13. The third category is subject matter. The subject matter of the public meeting shall include but is not limited to the following: Number one, whether or not the City Council chooses to keep or terminate the state of emergency as is required for its reflection. 14. Number two, the Code requires that any orders issued by the City Manager be submitted to the City Council for review. If that has occurred, the meeting must include the City Council's review of any orders issued by the City Manager as is required by the City's Code. 15. Number three, whether and if a City Council Member, i.e., Mr. Gilliams properly called a special meeting, and if it was properly denied whether it was a violation of Article II Section 2.12(a). The City Council gets to review this issue. It is more properly factually vetted out by the City Council, not by the judiciary. 3 2. The Code of City of Sebastian allows the City Council to terminate the state of emergency at any time. A meeting has not been had to properly review this issue. 3. The City Manager is responsible for "emergency management' function. He reports to both the Mayor and the City Council and, again, that requirement remains unaltered. 4. I note that the Code of the City of Sebastian founders chose to use the word "shall" many times in the Code including paragraph 2(a) and 2(c) with regard to the City management communication with the City Council. 5. The Code requires any orders issued by a City Manager using the term mandatory which is shall, and again I am citing to the Code itself, at the earliest practical time to be presented to the City Council for ratification, confirmation, amendment, or termination. 6. A meeting has not been had for the City Council to review this issue. The Code uses the terms earliest practical time and also contemplates an impossibility if a meeting cannot be held at the City Hall and specifically allows a meeting anywhere in the City. 7. While the code drafters seemed to have contemplated a building structural issue because they used the word repaired, it is clear that their intent was to keep the City Council meetings going and for the leaders of the community to find a way to work around any impossibility. 8. This Court looks to the terms of the binding law which here is the Sebastian Code. The drafters of the Code specifically chose clear terms such as earliest practical time. They also used reasonable attempts. And they used terms mandatory, I might add, shall meet regularly. 9. The Code specifically Member to call a special with certain public notice Member properly called a denied, it would be a Section allows an) meeting even in requirements. special meeting violation of the 4 City Council a public emergency If a City Council and if that was section Article II 2-12A. Filing # 107342942 E-Filed 05/12/2020 09:57:57 AM IN THE CIRCUIT COURT OF THE 19th JUDICIAL CIRCUIT IN AND FOR INDIAN COUNTY, FLORIDA CASE NO.: 312020CA000275XXXXXX ASSIGNED DIVISION: CIVIL DAMIEN H. GILLIAMS, Plaintiff, B101 ED DODD and PAUL CARLISLE, Defendants. ORDER ON PLAINTIFF'S AMENDED MOTION FOR TEMPORARY INJUNCTION THIS CAUSE having come before the Court on the P day of May 2020 at 10:00 am, upon the Plaintiffs Amended Motion for Temporary Injunction ("the Motion"), with a court reporter present for these evidentiary proceedings, and the Court having reviewed the court file including the pleadings, considered the Motion and any amendments to the motion, the supporting Affidavit of the movant, the written objections of the Defendants, and having heard testimony of sworn witnesses, reviewed the exhibits, receivedthesubmissions and arguments of counsel, and being otherwise fully advised in the premises, this Court makes the following findings of fact and conclusions of law: 1. The Code of 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. 1 MARCH 18, 2020 CITY COUNCIL MEETING VERBATIM 6:02 p.m Dodd —Okay, Council, um, this is going to be kind of an unusual meeting. Um on Tuesday as you all know, I signed a declaration of local emergency in con with Indian River Co and I believe the municipalities within the County with the exception of Fellsmere; and they have to have a special council meeting to do that. Umm, and we are operating right now under guidelines that have been established by the President and specifically those established by Governor DeSantis. I'm going to let the City Manager in a couple of minutes kind of explain some of the things and the actions that have been taken for the time we get into the business that we are doing this evening but before that I want to assure the public we had this meet tonight with not necessarily uh with a heavy heart but we chose to have the meeting because there are some items that we have to deal with. First, this is first time that the council has met as a whole since I have declared the emergency and I felt that council had to be together as a whole while we do that, secondly we do have some business items that we need to deal with and I will go over them in a couple minutes. But we are coordinating efforts, our efforts in Sebastian with the county, were coordinating with all the cities in the county, and we are coordinating the Governor's office and with the directions that come from Governor DeSantis. He is aggressively attacking this virus and the issue at the state level and we are responding to that. We have been directed at the municipal level that we cannot have groups of more than 10 people in a gathering on any property that is owned by a municipality hence we had to limit access to the meeting tonight. We are going to have access to the public in a couple of cases. We also have a Facebook feed, and in a few minute Barbara is going to get up and explain how people can get into it. I have right here on my I -pad that she gave me a feed from her that she can transfer questions from the public that we can respond to as we have to do that. I think it's our belief that the Governor has implemented steps that hopefully will allow local governments to mitigate as much as possible, the impact of the virus and we're moving in that direction. Umm, secondly, anyone who wants to get some emergency notification from the city, if they go to cityofsebastian.org and move down a little bit the page, they will find the link for emergency, to sign up for emergency alerts. If you please go do that, follow the link, and then follow the page it takes you to and fill in the information then, when and if the city has to respond to an emergency, you will actually get the emergency alert on your telephone and e-mail access. Its kinds of important to do that. I'm going to turn it over to the City Manager and let him talk a little bit. 6:05 p.m. Carlisle -yeah, Mr. Mayor, Members of the Council so you know that Gilliams —excuse me Mr. Mayor, are we gonna do a roll call? Dodd — oh I'm sorry would you do a roll call please? Williams — Mayor Dodd Dodd -yes, here Williams - Vice Mayor Mauti Mauti — here Williams —Council Member Gilliams Gilliams — here Williams Council Member Hill Hill — here Williams Council Member Parris Parris — here Williams - thank you Dodd - all right, now Mr. Carlisle Carlisle —yeah so Mr. Mayor couple of things you know we are all cognizant of our social distancing and trying to eliminate um, the spread of this disease through contact which seems to be the most common form of, as they know today of the spreading of the disease. So, some of the things we've put in place at City Hall is we are encouraging on line permitting as much as possible through our myGov system. Our Building Official is working on an e-mail for system so that residents can scan in surveys and things to do some of the minor permitting. We're setting up electronic participation which Barb's is going to talk through the YouTube, Facebook and this zoom to try to allow the public to participate electronically. Which we think it's gonna be more commonplace as this thing moves forward, in talking with our community leaders and different cities, its all of us are looking at some type of virtual meeting. There's some proclamations I'm sorry resolutions out there doing that. We are still waiting for confirmation for an opinion from the attorney general on that, uh virtual meeting so were gonna be looking at all that information and bringing that back to you for consideration. I've cancelled all mandatory, non -mandatory travel uh so people are not going to be traveling going to other events. 6:06 p.m. We are evaluating the long term issues with these school closures the Governor has said April 15 there is also some talk of schools being closed for the remainder of the school year and we have employees with children, and we're looking at that issue. We're trying to evaluate how the Senate had just passed the um companion bill from the House regarding those who getting affected with coronavirus so their families that get affected president hasn't signed it yet, were gonna evaluate that process. Our staff is looking at policies and drafting policies for our review and the attorney's review for telework and how we are gonna monitor that, for those that may be viable for them. We've installed barriers up, if you look at blding dept we've put some visqueen up to separate the people from our staff, to keep the cross contamination from going on. We've provided disinfectant hand wipes and encourage everybody to wipe down their area often, keyboard, cell phones, desks. We've instructed the cleaning crew to do a higher level of sanitation, sanitizing all doorknob and handles, desktops and counters when they do their cleaning. �: . We've required um uh and so when the inspect, back to the inspection inside homes, we may extend that and defer those non -essential inside home inspect ions why not because people may not want our staff in their homes and we may not want to be in those homes to help prevent that spread and it would violate that space so air conditioners may not get that final inspection, not gonna stop them from running the air conditioner, but its gonna put a burden on staff later on, but we thought it's important to not to go inside people's homes if not necessary. We're uh, we've cancelled garage sale permits we're getting that message out, um so that you know a two dollar garage sale permit is not worth having someone to come into city hall for a two dollar permit, were not cancelling garage sales if people want to have it, but were not gonna make them come in to fill out a two dollar permit fee at this point, it didn't seem the right thing to do We've cancelled all city sponsored events, Easter egg, all the events at the park, any events at our facilities, the com center, the Senior Center is closed, the art center, Indian river lagoon council has went to working at home, Indian river college who's also in that building, I think they have decided they are going to do all virtual classes so us weddings and things of that nature that were in our parks and that we have asked to be cancelled. We are looking at some ways to sanitize our parks equipment, because we're not closing the parks per se, we're gonna try to find a way to somehow sanitize the equipment, we are not sure how that's gonna go. We've closed the splash pad, and all these are in conjunction with the same thing the cities and the county is doing, they closed their pools, they closed their gun range, well they're gonna close the gun range it's under contract but their events have been closed. We're in daily conference calls with the county, the cities, and state of florid and the federal government in getting guidelines daily from the emergency operations center and department of Health, were' following those guidelines, we um, the CDC and the state guidelines are something that we're taking to heart, we're following the Governor's orders on restaurants, we've met with the restaurants and bars, and those that are in we're encouraging them to keep the 50% staffing rule, not sit people at the bars. If you know, if you have a restaurant and bar open, it's food and beverage, it's not just beverage. If you exceed the 50% alcohol sales, then you're a bar and then it has to close. In fact I just got an update from the Florida Department of Business Regulation emphasizing that again today. We're not, one note is the mobile testing maybe starting, should be starting tomorrow, it's uh the Cleveland Clinic Indian River County Hospital at the Emergency Room. Only those that had the symptoms and have that 99 degree or higher temperature, if you feel sick and you just want to get tested, don't, they're encouraging not to impact that um, that site just because you want to get tested to make sure you don't have it. So that's gonna be, you know we don't want to waste tests on those people that aren't showing, aren't symptomatic. The County is going to open up their emergency lines tomorrow at 8 a.m. don't call or 8:30 a.m., don't call today, because they're not gonna be there and they're gonna run it five days a week, six days a weeks, they are looking at maybe something on Sunday, starting next Monday they will go from 8:00 a.m. to 8:00 p.m. 6:11 p.m Carlisle — and the last thing is I'm request, um, I'm um saying we should probably cancel the April 8 meeting and move all the items and move to the 22"d that will get us past the April 15 date that the Governor has put in place and we will have a better handle on what's going on after that date or closer to that date Dodd — ok the April 8 meeting closure it's within the purview of the city manager to actually do that but he wanted to make sure we don't have any issues with that. I think it's an appropriate thing to do. We've had, I don't know if any of you have or not, but I've had lots of a -mails today about why we didn't cancel this meeting but I felt like I'm the one working with the city manager that insisted we continue with the meeting cause I felt like that we needed to get together and talk about this as a group and we could do it safely with the social distancing and so forth without a problem so. Any issues with cancelling the April 8 meeting? Hill — no Sir Dodd — cancelling the April 8 meeting. No? All right, so it's cancelled then. So our next meeting is April 22nd. Anything else, anyone have any questions for the City Manager? Hill — Mayor Dodd if I could Dodd —yes Hill - I would suggest that we not only cancel the April 8 meeting but have, not hold a public meeting until the State of Florida lifts its emergency declaration. Dodd — yeah Hill —so, so keep that in mind that just because we get, if in fact the state of Florida extends their emergency declaration beyond April 8 through other meetings, I don't believe it's appropriate for us to be holding a public meeting during these times. Dodd —yes, and the city manager has the authority to actually cancel that April 22 meeting if it turns out the state extends the limits that we have. So he can notify us if it's time to cancel that. It's just, I don't want uh -- I prefer not to say cancel until we decide to have a meeting, let's put a date, we have a couple things like on the agenda right now tonight that we need to postpone until a certain date. Hill — right, I understand. So we have to give it a certain date and then we will have to have another meeting. I do feel it's somewhat inappropriate for us to have a public meeting when the state of Florida and we are in concert with the state of Florida is asking people not to get together in public. So I understand why we are here for this purpose and I think its good for PSA anyway, I think you, uh, it's a great public service announcement, I think it's very appropriate but I think we should make the statement that we aren't going to hold a public meeting until the state of emergency has been lifted. I think that would be the appropriate way to show the public that not only are we asking them to not congregate in groups, we're not going to congregate in groups that would require their input. Dodd — ok Carlisle — and we'll, We could address that, like I said we will know closer to the 22nd we will know what we have, if we have to close that meeting. The emergency directive order gives me the power to cancel it without meeting with you all, I could say it's not safe, it's not prudent, it's not in best interest of city and I can cancel it based on our ordinance and the powers that are transferred to me. I can sign contracts, bills. Hill — right Carlisle - we have new council members; they haven't been through this, we want to make sure there's opportunity for them to under the process and that we aren't trying to do something underhanded or trying to do something subversive, so we're were going to do what's prudent for the City. I've been entrusted with this power. I hope that everyone on the council trusts that I'm gonna do what is in the best interest of the City, I'm not going to take advantage of that at all. Hill — there's a couple of things there and I agree with you 100%. The fact of the matter is that the emergency declaration has afforded you the power to run this city and to do, make the decisions that are necessary to. Secondly, I would say that if in fact you were to do something that I seriously doubt and I would bet the house against, you do something inappropriate, you'll face those measures when we get back to the meetings. Carlisle —that's correct Hill - and the third thing, uh, there was a third thing. I'm starting to get Bidenitous there. But, but no, so those two things by themselves, you have the extraordinary power to, to make all the decisions, to make the expenditures, to approve the expenditures that are budgeted items, us even those that are not under emergency situations so. And there's no better person that I would rather have at that helm or with that power than you, uh, so I am very comfortable and I hope that the citizens of this community are very comfortable that we have an incredibly capable uh city manager who is going to be able to take us through this, guide us through this and he's the one with the brains, not the people up here so we have him to run the City and I am very happy that we have him to do that. Dodd — now you just, you just crossed the boundary, cause he's going to start snickering down there when you said he's the one with the brains not the guys up here so. Chuckles. I don't have any problem with that, I guess we can say is tentatively, we are going to meet on the 22"d subject to, subject to the ruling by the city manager related to safety. How's that, does that fit the legal thing that we need to do. Hill — if, if, I'm sorry, if I could, I think that the easy part of this is to follow the guidelines of the state Dodd - yep Hill - because that is what we decided that we are going to do. So if the state still says that we going to have, we would recommend no greater group than 10, my guess is that probably gonna be stay home by then Dodd —yeah Hill - but who the heck knows Dodd —yeah, yeah Hill - but whatever the state guidelines are, so if the state says we shouldn't have a gathering of a group greater than 10 then we shouldn't have a council meeting because at that point we can only allow one person in here at a time, it's great, it's very inconveniencing and we're asking the public to follow the guidelines of the state Dodd — ok Hill - while we ourselves are not doing that Dodd — as it stands right now, the limit of 10 people expires on April 15, unless the governor decides to extend it and then it's the CDC guidelines of 50 people after that. So if the Governor extends the 10 person limit then yes, certainly we should not have the meeting. Hill- I would be very comfortable with that Gilliams- Mr. Mayor Dodd — yes Gilliams— I, uh, I feel very uncomfortable having the meeting today. I think that the public can't be here, I think we should uh, we should put this meeting off. Dodd — Let me go forward and talk about a couple of things first and we will deal with that, how's that Gilliams— how far are you going to go Dodd — I am just going to go to the next item Gilliams—ok Dodd —ok, any other questions for the City Manager. Let me turn my, get my thing back on here so I can find out if anybody on Facebook have sent any questions in. Apparently not. Umm there's someone typing right now on Facebook. He reads his screen --Everyone is on Facebook, no questions at this time. All right thank you guys. In order to have this meeting, given the rules we are working under t'r- - J Do � Z T J e,. l 4.4., i May 14, 2020 Special Council ]Meeting I think we should be clear about the meeting process rules set in the charter and resolution 20-02. any council member has the right to request a special meeting in addition to the two regular meetings we hold each month. Resolution 20-02 stipulates that the city manager is responsible for building the agenda for all meetings. Normally he will place items on the agenda because: 1. the item is Legislative or quasi-judicial in nature and requires council action. 2. The item requires finding which is approved by the council. 3. The item is of public interest which may come from city committees or boards. 4. The item is informational to keep the council apprised of issues which may come up for future action. 5. Any item which a majority of council has directed him to put on the agenda. 6. Items requested by a single council member will be placed under their respective matters. la-. 1. They may be moved to actions items by an agenda modification or 2. they can be presented to the council to see if a majority supports adding them to a future agenda FL statute requires that we offer public comment on any item which will be voted on and since resolution 20-02 does not allow public comment on items under a members matters the item must be moved to an action item by one of the two ways mentioned to make is open to public comment. Also the city manager is required to have backup material in the packed when the meeting is noticed. May 14, 2020 Special Council Meeting Summary of Emails: 1. 3-17 2:43pm — Dodd to Council: notification that emergency declaration was signed. l 2. 3-1910:23 am — Gilliams to Carlisle: reference to emergency declaration. 3. 4-19 11:15 am — Gilliams to Carlisle: asking Carlisle not to cancel meeting for 4-22 or he will have to call a special gnee ing referencing public as not being educated about electronic input. 1. 4-212:04:51— Carlisle to charter officers: forward copy of above referenced email to city clerk and city attorney. 4. 4-20-20 11:39 am = Gilliams to charter officers: request from Gilliams for special meeting on 4-22 no subiect matter. 1. 4-20 11:43:23 — Gilliams to charter officers: reference to charter 2.12 as reference for special meeting. 5. 4-20-20 12:43:23 pm — Gilliams to Carlisle: request from Gilliams for special meeting on 4-22 with na e � 'ect ma__ ttPr nn . 6. 4-21-29 11:26 am - Gilliams to Carlisle: notice that if there is any attempt to cancel 4-22 meeting he is requesting special meeting within 24 hours. 1. 4-21-2011:29 am — Carlisle to Gilliams: Carlisle "I understand and I have expressed the * fact that the charter allows you to do that" 2. 4-21-2011:36:38 am — Gilliams to Carlisle: "I don't want anybody accusing you or blaming you I take full responsibility" 3. 4-21-20 11:58 am — Carlisle to Gilliams: notifying Gilliams that Carlisle receive a records ^ request for the emails and fulfilled it. 4. 4-21-202011:58:53 am — Gilliams to Carlisle: "no problem its tough being a councilman" 7. 4-22 2:35pm Carlisle to Council: notice of cancellation of 2-22 meeting. 1. 4-22 2:29:11 pm —Gilliams to Carlisle: stating that he has received above email and opined that Emergency Declaration is illegal and asking Carlisle to get 2' opinion of the legality of Declaration_ 8. 4-22 4:43:52 pm — Gilliams (from personal email account) to Carlisle: Gilliams opined about charter section 2.12 allowing special meetings to be called and that emergency ordnance. Also opined that emergency ordnance requires 4 votes. — 1. 4-22 4:59pm- Gilliams to Carlisle/Anon: same as above from city email account. 9. 4-23 1245�e�i.03�� Gilliams to Charter Officers: request for special meeting for 4-24 agenda to T eplace City Manager and City Attorney. . 10.4-231:11:20 pm — Gilliams to Jeanette Williams: request to add to meeting modification of emergency declaration. , 11. 4-24 1:55 pm — Carlisle to Council: Cancellation of 4-24 meeting per Governors emergency i� declaration and city emergency declaration. 12.4-24 2:48 pm — Gilliams (from personal email account) to Carlisle: reference to (and copy of) 2:00 pm email which Gilliams said he sent to Carlisle, that email is a detailed reference requests and opinion on law related to special meetings. 1. 4-24 2:54 pm — Carlisle to Gilliams: indicating that he has received his request and will take appropriate actions. 2. 4-24 3:45 Pm — Gilliams to Williams: forward copy of above email May 14, 2020 Special Council Meeting 14.A.iii — finding of facts related to CM Gilliams reo_uest for special meeting and Possible charter violation. There are two issues that need to be clarified: 1. Did CM Gilliams request a special meeting as specified by charter Sec 2.12 which states "Special meeetings of the city council may be held on call of the mayor or any council member." 2. Was there a violation of the charter by anyone? Did CM Gilliams request a special meeting Charter Sec 2.12 which states "Special meeetings of the city council may be held on call of the mayor or any council member." 1. although not specifically spelled in charter Sec 2.12 it would be consistant with our meeting procedures and public notice required by F.S. lom� 252.38 that an agenda and backup materal be produced prior to the 24 hour notification period for the special meeting. 2. Eventhough Charger section 2.12 provides for waiving notice and time requirements for Emergency Special Meetings it would also be consistant with our procedures and purdent meeting management to produce an agenda of topics to be discussed. 3. Was there a violation of the charter by anyone? From the series of emails it is clear that CM Gilliams did: 1. In four (4) emails on 4.19 (11:15 am), 4-10 (11:39 am), 4-20 (12:43 pm) and 4-21 (11:26 am) request a special meeting on 4-20 at 11:39 am and again on 4-23 at 12:54pm; CM Gilliams either threatened or requested a special meeting but did not include any items for the meeting or ask the City Manager to contact him for meeting content. 2. On 4-23 (12:45) CM Gilliams specifically requested a special meeting with the agenda to include two items; replace City Manager, and replace City Attorney. 3. On 4-23 (1:11 pm) CM Gilliams asked City Cleark to add modification of '� emergency declaration to meeting agenda. .-� May 14, 2020 Special Council Meeting It is also clear from the emails included in the meeting agenda that on 4-24 at (1:55 pm) the City manager cancelled the 4-24 meeting referenced the emergency order (and public safety and welfare) as is reason for canceling the special meeting. From my review of the facts it does not appear that there was a violation of the charter, there may have been many instances of mis-communication between the City Manager and CM Gilliams but the city manager granted and canceled the special meeting request under this authority as the city "emergency management" as defined in Judge Croom's order of 5-12 paragraph 3. it is also not debatable that the Municipal Declaration was legal as defined in Judge Croom's order of 5- 12 paragraph 1. There is no doubt that any member of the council has the right to call a special meeting. However, On 4-24 the city manager was also within his rights to cancel the meeting under the Emergency Declaration for the safety and welfare of the general public. I find no charger violation in these actions. Filing # 106807369 E-Filed 04/28/2020 04:01:01 PM IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL, CIRCUIT, IN AND FOR INDIAN RIVER COUNTY, FLORIDA ED DODD, Individually and as Mayor of the City of Sebastian, Florida; PAUL CARLISLE. Individually and as City Manager of the City of Sebastian, Florida; and MANNY ANON, JR., Individually and as City Attorney of the City of Sebastian, Florida; Plaintiff(s), VS. CHARLES M. MAUTI; DAMIEN H. GILLIAMS; and PAMELA PARRIS; Defendant(s). CASE NO: 312020CA000269 JUDGE: JANET C. CROOM AGREED ORDER RE: PLAINTIFFS' REOUEST FOR INJUNCTIVE RELIEF AGAINST DEFENDANTS THIS CAUSE having come before the Court on April 27. 2020 by agreement of the parties, Plaintiff, Ed Dodd, Individually and as Mayor of the City of Sebastian, Florida, Paul Carlisle, Individually and as City Manager of the City of Sebastian, Florida, and Manny Anon, Jr., Individually and as City Attorney of the City of Sebastian, Florida, and the Defendants, Charles M. Mauti, Damien H. Gilliams, and Pamela Parris, and the Court having reviewed the file, considered the Request, and being otherwise fully advised in the premises, it is therefore: ORDERED AND ADJUDGED: 1. That the actions of Defendants taken at the subject April 22. 2020 meeting are void ab initio, and status quo will be preserved pending the mediation. 2. The Parties will mediate all outstanding issues in this case and companion case in Case No. 2020 CA 275 on April 30, 2020 from 1:00 p.m. to 5:00 p.m. 3. The Parties shall not attempt to hold a meeting of the City Council prior to the conclusion of the April 30, 2020 mediation. DONE and ORDERED in Vero Beach, Indian River County, Florida, on this 28 day of April 2020. JANET C. CROO +CRCU IT JU GE Copies to: Jonathan Douglas Barkett, Esq., jbarkett@verolaw.com, mlee@verolaw.com C. Douglas Vitunae, Esq., d v itun acp lead ingsct verolaw.com; dhaidary@verolaw.com Michael Jeffrey Kessler, Esq., michaelfreakinkessler@gmail.eom, admin@kesslerlawfirm,com, swood@kessierlawfirm.com Craig Marc Rappel, Esq.. cmr(ulrappelhealthlaw.com Pamela Parris, pparris@cityofsebastian.org, pamelaparris5l6@gmail.com