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HomeMy WebLinkAbout08-31-2020 CC SP Minutesma LAN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL SPECIAL MEETING MINUTES MONDAY, AUGUST 31, 2020 5:00 PM CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA CALLED BY VICE MAYOR MAUTI EXPENDITURE OF FUNDS FOR RECALL ELECTION 1. Mayor Dodd called the Special Meeting to order at 6:00 p.m. 2. 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) Citv Staff Present: City Manager Paul Carlisle City Attorney Manny Anon, Jr. City Clerk Jeanette Williams Deputy Police Chief Greg Witt Police Lieutenant Tim Wood 4. EXPENDITURE OFFUNDS Fn� RE�ALL ELECTION ii�ron accorddance will�6 7atf1 m, X inpu(!s imded fie item on the agenda.) Mayor Dodd noted there is another meeting scheduled in the chambers for 6:00 p.m. and asked everyone to keep their comments brief. Vice Mayor Mauli said he had several questions for the City Manager regarding the $40,000 recall election expenditure. Over the weekend, he said the City Manager had sent documentation to him regarding his spending authority under the COVID emergency declaration for the procurement of supplies, equipment, or services without formal bid. He asked if there was a need to come before Council for the recall election expenditure. The City Manager explained the emergency declaration was part of his authority; the other part was that the City has a contract with the Supervisor of Elections for fees and services which allows staff to expend the funds based on terms of the contract without coming back to Council. He said the recall statute circumvents any laws, rules, or charter of a municipality to carry out the special election, in addition the City had order by the chief judge. The City Manager cited the contract with the supervisor staling elections not held in conjunction with a slate or county election will be $2.00 per registered voter and noted that staff does not bring payments made with regard to a contract back to Council. Special City Council Meeting August 31, 2020 Page 2 Vice Mayor Mauti recalled a discussion that he had with him and the City Attorney regarding the functionality of Council if he resigned at an earlier point. The City Manager staled during that private conversation, he did give his opinion that it would be beneficial for the City to have a full Council to conduct business instead of 2-2 votes if he left, but it was his choice. Council Member Gilliams stated he wanted to speak about the $40,000 expenditure that could have been avoided. Mayor Dodd read F.S. 100.361(11) It is the intent of the Legislature that the recall procedures provided in this act shall be uniform statewide. Therefore, all municipal charter and special law provisions which are contrary to the provisions of this act are hereby repealed to the extent of this conflict. He said nothing in the City's charter or procedures could be in conflict with the statute. He also said the statute clearly stated when the petitions came in, the City Clerk was required to immediately turn them into the Supervisor so if she held onto them for one day, she would have been in violation of the statute. Council Member Gilliams said he was not against the recall but he had the Supervisors and Clerk's e-mails which indicate if the City waited one day, there could have been $40,000 saved (by having the election in November) and the whole community could have had the opportunity to weigh in on the election. Council Member Gilliams asked why the expense wasn't reported to Council on the following agenda. The City Manager stated he was operating under agreement, the judge's order, and the recall statute. Council Member Gilliams noted the Clerk did not spell his name correctly on the ballot. The City Clerk stated the question on the ballot was very clear as to what is happening; there are not two Damien Gilliams on the Council. In response to Council Member Parris inquiring as to waiting 30 days to pay the invoice, the City Manager said the quick payment law requires the City to pay for expenses. Mayor Dodd read F.S.100.361(11) again with a special emphasis that provisions which are contrary to the provisions of the act are hereby repealed to the extent of the conflict. He noted the City processed the payment and the petitions under the provisions of this act. This was not an actionable item. The City Attorney invited anyone that may have questions to call him. 5. Being no further business, Mayor Dodd adjourned the Special City Council Meeting at 5:32 p.m. Approved at the September 23, 2020 Regular City Council Meeting ATTEST. Mayor Ed Dodd is ette illiams, C —2— __