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HomeMy WebLinkAbout07-01-2020 CC SP MinutesGROF �STIAjv HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL SPECIAL MEETING MINUTES WEDNESDAY, JULY 1, 2020 5:00 PM CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA SPECIAL MEETING CALLED TO REQUIRE VOLUNTARY COMPLIANCE OF WEARING FACE COVERINGS 1. At 5:06 p.m., Mayor Dodd asked to start the meeting at 5:15 p.m. to allow Vice Mayor Mauti to arrive. Council Member Gilliams objected to this postponement. Roll call to agree with Council Member Gilliams' objection and start the meeting Council Member Gilliams - aye Council Member Parris - nay Council Member Hill - nay Mayor Dodd - nay Motion failed and Council waited for the Vice Mayor to arrive at 5:15 p.m. 2. A moment of silence was held and the Pledge of Allegiance was recited. 3. ROLL CALL Mayor Ed Dodd Vice Mayor Charles Mauti Council Member Damien Gilliams Council Member Jim Hill Council Member Pamela Parris (via Zoom Technology) Cy Staff Present: City Manager Paul Carlisle City Attorney Manny Anon, Jr. City Clerk Jeanette Williams 4. SPECIAL MEETING ITEMS (In accordance with R-20-02, public Input Is limited to the Item on the agenda.) A. Resolution No. R-20-08 — Reauiri%the Voluntary Comoliance of Wearina Face Coverinas When in Public (R-20-08) AN EMERGENCY RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, TO REQUIRE VOLUNTARY COMPLIANCE OF WEARING FACE COVERINGS WHEN IN PUBLIC, REQUIRING THAT ESTABLISHMENTS THAT CANNOT MAINTAIN SOCIAL DISTANCING OF STAFF TO WEAR FACE COVERINGS: PROVIDING FOR CONFLICTS, PROVIDING FOR SCRIVENER'S ERRORS AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title to Resolution No. R-20-08. Mayor Dodd stated the details began on page four to six of their agenda backup. Special City Council Meeting July t, 2020 Page 2 Council Member Hill said he would always be opposed to taking away people's rights or trying to legislate personal responsibility but the resolution doesn't do that; it asks people to wear masks in public; and those serving and working closely to each other to wear masks. He cited the benefits and exceptions outlined in the resolution; noting this was just asking people to be responsible and he would support the resolution. Vice Mayor Mauti said he was in favor of the resolution. Council Member Parris said the resolution was well done. Council Member Gilliams said this was overdue, and fantastic. He encouraged the public to wear a mask whether they are six feet apart or not. The City Manager said staff and visitors within a City facility must wear a mask unless employees are in their offices. Mayor Dodd said he supported this and was pleased to see restaurant employees wearing masks. MOTION by Council Member Hill and SECOND by Mayor Dodd to approve Resolution No. R-20-08. Public Input A Sebastian homeowner said that wearing a mask is a reduction of freedom. She stated there are many people that won't go anywhere because they have to wear a mask or many that can't wear a mask due to a disability. Since there hasn't been a scientific study done, if Council mandates mask wearing the City could be held liable. Grace Reed of Sebastian said she supported the resolution because it says the requirement is voluntary with businesses which may enable them to stay open. Andrea Ring said she is hard of hearing so was not in support of mandating masks. Ben Hocker from Sebastian said the City should follow the state guidelines. Betsy Field Connelly asked how they are going to enforce establishments that cannot provide or maintain social distancing to require face coverings. She also asked what the definition of an establishment is. The City Attorney directed Ms. Connelly to the section of the resolution that she would find her answers. Nadine Adams asked how long the resolution would be in effect. The Mayor advised her it would be in effect until the declaration of emergency is canceled. Charles Stadelman said he supported the resolution and thanked Council. A resident of Sebastian told Council that she cannot wear a mask because her heart rate goes up and her oxygen level goes down to where she almost passes out. Special City Council Meeting July f, 2020 Page 3 The Mayor explained to her that there is an exemption in the resolution for people who have health issues. Bob Bedea said if we follow what the CDC says then we are following a corrupt organization because they make vaccines and are not a watch dog for our public safety. Leslie Wayment said she would like the wording changed from cloth masks to either cloth or medical masks. Derek Gary asked if face shields were included because they are more effective than a mask. 5:52 pm 5:59 pm Council Member Gilliams asked if two warnings could be added before a summons is issued. The City Manager asked that it be left up to the Code Enforcement Officer when he arrives at the establishment. Council Member Hill said he understood the concerns that people are expressing on both sides; he wants people to be free but also healthy. He said the resolution was acceptable and the moment it should be lifted, he would bring it up. Mayor Dodd said he believed COVID to be as serious as they say it is. He said one thing that turned him on mask wearing was a Discovery Channel presentation that indicated the distance cough droplets By with and without a mask. He also noted he is hearing many of us have the virus but don't think they have the virus. He called for the vote. Roll call: Vice Mayor Mauti - aye Council Member Gilliams - aye Council Member Hill -aye Council Member Parris - aye Mayor Dodd - aye Motion carried. 5-0 Resolution No. R-20.08 Mayor Dodd said the following was a resolution by City Council to request Governor DeSantis suspend two Council Members based on the actions that they took on April 22 and the charges filed by the State Attorney's Office against the two individuals. He had known that suspension was possible but hasn't taken action because he was trying to see if they could move forward with business, but the performance with the consultant that gave a project presentation for the new Public Works Facility, as well as the letter requesting items that Council Member Gilliams added to tonight's agenda, made him come to the final realization that there was no rehabilitation. He said he talked to the City Attorney about putting this on the agenda to see if Council supports it, Council doesn't have to support it, but it is time to take this step to move forward. Special City Council Meeting July 1, 2020 Page 4 Mayor Dodd said this Council has some business before it and over the next three months some extremely serious issues they need to deal with; and he has come to the realization, in his opinion, that it is very difficult to have a civil meeting and deal with serious issues so he asked to put this on the agenda. B. Resolution No. R-20-09 — Reauest Governor DeSantis' Intervention (R-20-09) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REQUEST GOVERNOR RON DESANTIS TO INTERVENE AND REMOVE COUNCIL MEMBER DAMIEN GILLIAMS AND COUNCIL MEMBER PAMELA PARRIS IMMEDIATELY AS A RESULT OF COUNCIL MEMBER GILLIAMS ARREST ON JUNE 16, 2020 FOR THREE (3) COUNTS OF VIOLATION OF THE SUNSHINE LAW, F.S. 286.011(3) (A) AND ONE (1) COUNT OF PERJURY; COUNCIL MEMBER PARRIS WAS ARRESTED ON JUNE 16, 2020 FOR ONE (1) COUNT OF VIOLATION OF THE SUNSHINE LAW, F.S. 286.011 (3) (A) AND ONE (1) COUNT OF PERJURY; PURSUANT TO ARTICLE IV, SECTION 7(A), OF THE STATE CONSTITUTION; PURSUANT TO SECTION 112.51 (1) AND (2), FLORIDA STATUTE; AUTHORIZING CITY ATTORNEY TO SEND THE GOVERNOR'S OFFICE A LETTER REQUESTING TO REMOVE TWO (2) COUNCIL MEMBERS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE 6:02 pm The City Attorney read the title of Resolution R-20-08 and noted the correct number was R-20-09. MOTION by Council Member Hill and SECOND by Mayor Dodd to approve Resolution No. R-20-09. Public Inoul Grace Reed encouraged Council Members to approve the resolution. She said it is time for the Council to get back to the business of the City without having to endure hour long presentations of past business. She said the City needs Council Members who think for themselves and hoped the Governor listens to the request and saves the City from more cost and embarrassment. Vera Render, 852 Mulberry Street, said she appreciated the Council's efforts to have this done because this has been an embarrassment to the City; and she was very upset over the accusation against the former Police Chief. Louise Kautenburg said the purpose of the Council is to conduct the business for the citizens of the City. There have been several attempts to hijack the business of this City which is wrong for the Council, the citizens, and the City. She encouraged that Council vote in favor of the resolution. Michelle Morris said she hopes that at least three of the Council Members vote to remove the two individuals. The City has had to deal with one Councilman that continues to defame people and is trying to bankrupt the community. This Councilman is disruptive, rude, a bully, liar, and he makes things up for sensationalism which seriously impacts how the City does business. She outlined the charges in the State Attorney's arrest warrant and noted the Council Members have lost the voters' respect. Betsy Connelly said she was demanding that the resolution be passed ASAP as the two people mentioned in the resolution do not deserve the honor of their title. They have proven over and over that they are not fit to serve. The citizens deserve better. Special City Council Meeting July 1, 2020 Page 5 Nadine Evans said this meeting was called tonight to discuss the mandating of facemasks for the residents of Sebastian not for one of the Council Members to load the agenda with his own items. Tonight's meeting will probably turn into another four hour comedy show with theatrics and tantrums. Ruth Kavelsky said she moved away from Sebastian for several years and moved back in February and was shocked to see the change in the Council from when she left to what it is now. She was appalled and embarrassed at what she saw at last week's meeting. She would like to see the Governor remove the two parties as soon as possible. Christopher Nunn said every member that spoke against an item at the last Council meeting was threatened and harassed by the applicant who is a friend of a Council Member. He said he has proof that this friend was acting as a conduit to another Council Member. He said it was disappointing that they have to do this get their City back. Nicholaus Scheskowsky, Sebastian, said it was hard to believe that the two Council Members could speak the truth, he realized people are innocent until proven guilty but in the court of public opinion, these two were guilty. Andrea Coy thanked the Mayor for calling the emergency meeting about masks which was a reasonable and rational special meeting request. She said the only reason the public came to the meeting tonight is because someone decided to add non -essential, non -emergency items for his own personal agenda. She read her letter to Governor DeSantis requesting the removal of the two Council Members. Ben Hooker said the City is jumping the gun by asking the Governor to step in; the Council Members have been charged but nothing has been proven. Sharon Herman asked that Council pass the resolution. The citizens have been e-mailing the Governor and state legislators to let them know that they need relief. They deserve to address current and pertinent issues in a timely manner. She noted that tonight was a perfect example of a meeting that should have only taken 15 or 20 minutes was dragged out. There is more than enough evidence to support the resolution. Charles Stadelman said he was questioned by the State Attorney's office in relation to Council Member Gilliams. He read the definition of perjury as willfully telling a lie after having taken an oath or affirmation. He said the interrogation by the State Attorney's office felt like a colonoscopy; it's prodding done by a professional. He said it's a process he has never experienced before. He was shaking while driving there but he fell really good after he left because he knew he did not commit perjury. He commended Vice Mayor Mauti for owning up to his mistake. He told him that it was a tough thing he did and said he has shown his true character. He told the Vice Mayor this is his opportunity to step up to the plate and end this nonsense once and for all. Deborah Shellenberger said the charges that are being brought against the Council Members involve their responsibility as part of Council. Bob Bedea said the responsibility for stability with the Council lies with the Mayor. He told the Mayor that he dropped the ball big time with regards to Roberts Rules of public meetings. He said that Mr. Gilliams was served his legal papers on a Sunday, which violates state laws. Special City Council Meeting July 1, 2020 Page 6 He said all Americans are innocent until proven guilty. He proclaimed Mr. Gilliams and Ms. Parris were not guilty. Bill Flynn said the decision tonight comes down to judgement. He said a couple Council Members chose poor judgement that night of April 22 and they knew what they were doing was wrong. Andrea Ring said the people seemed to not be able to get enough signatures on the petition. She said this is not what the vast majority of the citizens want. The vast majority is saying leave them up there until they are proven guilty. Zoom Graham Cox supported Andrea Ring's comments. He said the resolution interferes with the election process. Bob McPartlan thanked the Mayor for doing his best to run the meetings. Every meeting is like a train wreck, yet he handles it with the utmost class and decorum. The behavior exhibited by one Council Member towards peers, staff, the public and anyone addressing the Council is appalling. He said the hundreds of calls and text between certain Council Members is clear and evident. He believes the criminal behavior still continues to this day. He said the Governor needs to step in because of their criminal behavior. He said the city has fallen to the level of a laughing stalk and complete disgrace of a duly elected body. Bob Stephen, 150 Concha, said the newly elected Council Members were elected for the poisoning of the waterways and the mismanagement of the City's money. He asked why nothing was being done with our stormwater fees. Danielle Moradian said she understands from a legal standpoint that people are innocent until proven guilty. In any other industry if someone is charged with breaking a law that has to do with your job, that person is pulled from that job until after the case has been decided. She said they are new residents in Sebastian and at the last election never realized how bad this was going to get. From now on she will be more involved. She reminded everyone that every vote does count because after all that's how they are here in the first place. Victor Young, Ash Street, said he also feels that if a person is charged with a crime that pertains to their job that person should be put on suspension without pay until the legal process is complete. Sandy Vandermolin thanked the Mayor for doing such a great job. She said if the two Council Members feel that they are innocent then they should welcome the Governor stepping in. Michelle Peters thanked the Mayor for his extreme patience over the past few months. She fully supports the resolution. The two Council Members lied under oath which shows they will stop at nothing to getting their point across. 6:49 pm Council Member Hill said the resolution makes sense, the behavior of the two has been abhorrent and asking the Governor to look at the totality of what has taken place over the last several last months is important. The City has a tremendous amount of work to gel down over the next several months and they can't gel through anything on the agenda. The individuals have been charged with serious crimes, Council Member Gilliam$ can be convicted and spend up to 18 months in jail. Special City Council Meeting July 1, 2020 Page 7 He said they have too much work to be done, this is asking the Governor to look into the incident and help the citizens of Sebastian. He supports the resolution and hopes the Governor suspends the individuals. Vice Mayor Mauti said much to the chagrin of the people that supported him, he was going to vote in favor of the resolution. Council Member Parris thanked everyone for coming out. She said she was for the suspension as long as it was legal and asked who would take their place on the dais. Mayor Dodd explained that if the Govern suspends the two, they would still has quorum; they would then ask the City Attorney to provide options for them to continue to have a quorum. Council Member Parris said she was for the suspension, she had nothing to hide. She wasn't sure how long the court procedures would take but whatever happened first, she said "So be it." 6:57 pm Council Member Gilliams said it was interesting to watch a recall group run by Jim Hill hijack a City Council. He said the six months he has been here, the recall group has not contributed anything to the City; he calls the group a bunch of thugs with Andy Hodges of the Sebastian Daily as their leader. Council Member Gilliams said it wasn't illegal to call someone a thousand times, the charges are allegations. He said there needed to be a consensus to pass the resolution which was unconstitutional and unethical which also goes for the City Attorney. He said he was here for the long haul and he would take everyone to task because he is innocent until proven guilty. He continued to say the people duly elected him to root out the corruption and special interest in City government; he will prevail and justice will be served. He said when there is a conflict of interest and there will be a vote, those who know they have a conflict need to disclose it. Council Member Gilliams continued to say they couldn't be removed by the recall so they need the help of the Governor and he hoped the Governor will send an investigator. He said he will follow through with the investigation; he understood why they are attacking him. 7:03 pm Council Member Hill railed for the vote: Roll call: Council Member Hill - aye Council Member Parris - aye Mayor Dodd - aye Vice Mayor Mauti - aye Council Member Gilliams - nay Motion carried. 4-1 Roll on the approval of Resolution No. R-20-09: Council Member Gilliams - nay Council Member Hill - aye Council Member Parris - aye Mayor Dodd - aye Vice Mayor Mauti - aye Motion carried. 4-1 Special City Council Meeting July 1, 2020 Page 8 MOTION by Council Member Hill and SECOND by Mayor Dodd to table the remaining agenda Items C, D, E, F, G and H indefinitely. The City Attorney advised there is no discussion on a motion to table. Roll call: Council Member Parris - nay Mayor Dodd - aye Vice Mayor Mauti - aye Council Member Gilliams - nay Council Member Hill - aye Motion carried. 3-2 C. Motion to Require Temperature Check Upon Entry in City Council Chambers (HR Memo) D. Motion to Add Health Insurance for City Council Members (Opinion) E. Motion to Re -Organize the City Council (Opinion) F. Motion to Terminate the City Managers Position without Cause G. Motion to Have the City Attorney Redraft Ordinance (Code Section 2-37). H. Motion to Publicly Rebuke Former Chief of Police for Violating the Emergency Declaration of March 17, 2020 5. Being no further business, Mayor Dodd adjourned the Special Meeting at 7:07 p.m. Approved at the August 26, 2020 Regular City Council Meeting. M,y Do ATTEST - ---- - /Jrf aneRe Williams, City Clerk N