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SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, FEBRUARY 27, 2008 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
The Mayor called the regular meeting to order at 7:00 p.m.
2. Mayor Coy led the Pledge of Allegiance.
3. A moment of silence was held.
4. Mayor Coy read the Civility Pledge.
We will be respectful of one another even when we disagree. We will direct all comments to the
issues. We will avoid personal attacks.
5. ROLL CALL
City Council Present:
Mayor Andrea Coy
Vice-Mayor Sal Neglia
Council Member AI Paternoster
Council Member Dale Simchick
Council Member Eugene Wolff
Staff Present:
City Manager, AI Minner
City Attorney, Rich Stringer
City Clerk, Sally Maio
Deputy City Clerk, Jeanette Williams
Airport Director, Joseph Griffin
Police Lieutenant, Bob Lockhart
Police Lieutenant, Greg Witt
Public Works Director, Jerry Converse
Stormwater Supervisor, Tim Walker
6. AGENDA MODIFICATIONS
Modifications and additions require unanimous vote of City Council members
Mayor Coy announced the Sebastian River High School instructor has withdrawn the
request and asked to be moved to April 23, 2008.
Regular City Council Meeting
February 27, 2008
Page Two
7. PROCLAMATIONS, AWARDS. BRIEF ANNOUNCEMENTS
Presentations of proclamations, certificates and awards, and brief timely announcements by Council and
Staff. No public input or action under this heading.
08.025 A. Certificate of Appreciation to Maureen Cummings -Natural Resources Board
Service
Mayor Coy read and presented the certificate to Maureen Cummings.
08.013 B. Sebastian River High School Student Presentation -Crime and Drug Use
Prevention (backup previous/vprovided)
Withdrawn until April 23, 2008 by request of the presenter.
Brief Announcements
Mr. Neglia said the Ecumenical Council will place a box in the lobby for its food pantry
for the Easter season; reported on the County attempt to get an Advanced Life Support
(ALS) truck but were unable to do so; reported on the grand opening regatta hosted by
Sebastian River High School at the C54 canal which was a well run event ,they are
seeking donations at www.sebastiancrew.com, and invited everyone to another race this
Saturday.
Ms. Simchick reported the Wabasso Beach improvement bidding process is underway
and Golden Sands will be the designated lifeguard/surfer beach; reported on her trip to
Tallahassee to lobby for funding for the City Manager's proposals and listed the
individuals she met with and said it was her pleasure to serve her community; and
announced the grand opening of the North Sebastian Conservation Area will be
Saturday from 8 a.m. to 3 p.m.
Mayor Coy read from a prepared statement (see attached) regarding lack of decorum at
recent Council meetings, stated that costumes and signs which disrupt meetings are not
appropriate, noting there is a resolution which prohibits signs at Council meetings. She
said it is time to enforce our own policies, asking what message we are sending to
children and constituents when we condone inappropriate behavior. She said as Mayor,
and Chair of the Council, she will prohibit the wearing of costumes and disguises while
at the podium and will enforce the prohibition of signs. She said she has discussed this
with the City Manager and City Attorney and noted we have been advised by the City
Attorney we can impose reasonable rules of conduct as long as we treat all equally.
Mr. Wolff called a point of order noting that we are on Proclamations, Awards and Brief
Announcements and this is not an appropriate time for this. Mayor Coy said it is an
announcement of her enforcement of policy as Chair.
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Regular City Council Meeting
February 27, 2008
Page Three
Mr. Wolff said the problem emanates from the chair, because there is a time for each
member of Council to speak under his or her matters, and said the root cause is the
inability to follow the rules, what she said was important but wondered how her
announcement will address policy, behavior of the Council and without any backup
material will only lead to more animosity amongst the members and begged the chair to
think of the structure we are trying to work with and whether this is correct place to
announce the dictates of the Mayor's office.
Mayor Coy said this is not up for debate and if he wanted to poll the Council relative to
her announcement he may do so.
Mr. Wolff asked fellow Council members if they feel that this is the correct place in the
agenda to bring this issue up.
Mr. Neglia said the Mayor had a right to say what she said, it was said in the right
position, and it is ridiculous to mention that it is the wrong time.
Mr. Paternoster read the title for item 7, and said it would be better served under City
Council matters because this is personal to her.
Ms. Simchick said she was speaking as the Chair and not as a personal matter; stating
she made an announcement as Chair; that Council has gone off track and it was timely
and felt it was appropriate.
Mayor Coy said she thought it interesting that the input was as to her timing and not the
content.
Mr. Paternoster said he did speak to content and noted it, and was concerned that she
spoke on behalf of all members of Council, that she needs to practice what she
preaches, that she has singled out one individual who she has had problems with, and
that this comes after a meeting at which she was overruled on her decision. He said
information should have been forthcoming to the rest of Council and asked that each
member receive an abridged edition of Roberts Rules of Order since in the past we were
advised that we could use it lackadaisically and now we are following the letter of the law
so he requested a guideline to follow.
Mayor Coy asked to read an item into the record and Mr. Paternoster called for a point of
order because at the last meeting there was a request not to allow items to be read into
the record.
A poll of the members resulted as follows:
Neglia, Simchick and Coy -read the item
Wolff, Paternoster - do not read the item
Regular City Council Meeting
February 27, 2008
Page Four
Mayor Coy then read from the minutes of the January 10, 2007 Regular City Council
Meeting, "Mr. Gilliams approached the podium wear a hot dog on a bun hat and was
asked to remove it on a point of order by Mr. Paternoster if he wished to address
Council."
Mr. Paternoster then asked for another point of order stating that it seemed each time
Council discusses an item, if she is going to have final commentary that all members
should have another turn for commentary.
Mayor Coy asked if he wanted to make the point of order on the issue they are
discussing.
Mr. Paternoster stated he was and asked the attorney to clarify that a point of order is a
problem in the procedure.
The City Attorney clarified that Council has been off the point of order for a little while at
this point.
The City Manager suggested moving on.
8. CONSENT AGENDA
All items on the consent agenda are considered routine and will be enacted by one motion. There will be no
separate discussion of consent agenda items unless a member of City Council so requests; in which event, the
item will be removed and acted upon separately. If a member of the public wishes to provide input on a
consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start
of the meeting or by raising his/her hand to be recognized.
1-13 A. Approval of Minutes - 2/13/08 Regular Meeting
08.026 B. Purchase of 2008 Bobcat Mini Excavator for Stormwater from Smith Bros. Contracting
15-25 in Ft. Pierce, FL - $38,641.12 (PW Transmittal, Notice, Bid Tabulation)
08.027 C. Waive Bidding Process and Purchase Ten ICOP Model 20/20 Digital Patrol Camera
27-34 Systems in the Amount of $52,355.80 from ICOP Digital, Inc. and Ten Model M 7100
Mobile Radios in the Amount of $35,643.37 from Communication International Inc.
(PD Transmittal, ICOP Quote, Communication International Inc. Quote)
Mr. Paternoster removed item B.
MOTION by Ms. Simchick and SECOND by Mr. Wolff, to approve items A and C of the
consent agenda.
Result of the roll call was as follows:
Ayes: Neglia, Paternoster, Simchick, Wolff, Coy
Nays: None
Passed 5-0
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Regular City Council Meeting
February 27, 2008
Page Five
Item B
The City Manager and Public Works Director responded to questions from Mr.
Paternoster.
MOTION by Mr. Paternoster and SECOND by Mr. Neglia to approve item B of the
consent agenda.
Result of the roll call was as follows:
Ayes: Paternoster, Simchick, Wolff, Coy, Neglia
Nays: None
Passed 5-0
9. COMMITTEE REPORTS & APPOINTMENTS
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.
08.027 A. Natural Resources Board
35-37 i. Todd Klitenic Report on Duck Crossing (Minutes Excerpt, Cost Estimate)
Todd Klitenic, Natural Resources Board, distributed materials to Council and requested
installation of duck crossing signs on the four corners of the Easy Street Park and
renaming the park.
City Council discussion took place on the matter, and it was suggested that the City be
looked at as a whole, and the City Manager said he could handle this as an
administrative matter and report back. Mr. Wolff urged the Committee to petition the City
to have the Easy Street lake tested and determine if it is still hazardous and if not
remove those signs.
The City Manager said he would administratively take care of this with the Environmental
Planner.
10. PUBLIC HEARINGS -None
11. UNFINISHED BUSINESS
08.014 A. Set Bi-Annual Goals and Objectives for City Clerk As Required by Resolution
39 R-07-31 (City Clerk Transmittal)
Mr. Neglia said he had no problems, that the Clerk's staff is helpful and courteous, noted
her duties are fulfilled.
Mr. Paternoster said the Clerk far exceeds what is expected.
Ms. Simchick said this is an administrative position, for the past year her office was
burdened with records law, public records requests and made no complaints. She urged
the Clerk to continue to operate at the high standard that she does.
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Regular City Council Meeting
February 27, 2008
Page Six
Mr. Wolff said Clerks office is well run, demeanor of staff stems from leadership, stated
one goal would be to take more of her vacation time.
Mayor Coy said it is hard to set goals because the office is governed by statutes and
regulations, but stated two goals: more vacation and continue to set the standard for
courtesy and customer service, noting her office does best job in City. She also urged
her to continue to mentor her staff for her eventual retirement.
MOTION by Mr. Paternoster and SECOND by Mr. Neglia to take more vacation time.
Mr. Gilliams requested to speak and Mayor Coy said this was an administrative matter
and would not recognize him because she had not allowed public input at the last
meeting when they discussed the City Manager and City Attorney.
Mr. Paternoster appealed the Chair's decision not to allow a member of the public to
speak.
The Mayor said her decision was based on a previous meeting where this was deemed
an administrative matter, and to be consistent she denied the request.
Result of the roll call to recognize the public was as follows:
Ayes: Wolff, Paternoster
Nays: Coy, Simchick, Neglia
Failed 2-3
The voice vote on the original motion was as follows:
Ayes: Coy, Neglia, Paternoster, Simchick, Wolff
Nays: None.
The Mayor called for recess at 8:01 p.m. and reconvened the meeting at 8:14 p.m. All
members were present.
12. PUBLIC INPUT
Public Input for each individual is five minutes, however, it can be extended or terminated by a majority vote
of Council members present.
08.028 A. Karen Diegl -Senior Resource Association Presentation of Name Change/
Services (no backup)
Karen Diegl, Senior Resources Association, introduced herself and explained the new
name change from Indian River County Council on Aging. She gave a power point
presentation on the organization, citing all of their contributions and noting they are the
Community Transportation Coordinator.
Mayor Coy said she had received an invitation for Mayors for Meals, helping to deliver
meals on wheels, and invited any member of Council to help out.
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Regular City Council Meeting
February 27, 2008
Page Seven
Mr. Neglia asked if there would ever be transportation on Saturdays and Ms. Diegl said
there is a Saturday grant available but the funding went to another more traveled route,
but in the future there maybe funding available.
Ms. Simchick asked for a contact number and how many hours do they ask people to
volunteer, and Ms. Diegl said they can call the Davis Street or Vero Beach location,
noting the RSVP is a program which manages volunteers for a number of different
organizations. She said volunteer hours are up to the volunteer. She gave the number
as 569-0760.
Anita Solomon urged Council to look at the needs of the citizens of the City and to
uphold promises made. She then distributed a proposal to purchase a projector for
"Theatre Under the Stars", a suggestion she made at the January 9th Council meeting.
(see attached)
Mr. Neglia asked for a copy of the letter she read from and said the projector was a great
idea.
Mayor Coy suggested this could be an agenda item
The City Manager said he has been looking into this and offered to report back on this at
a future meeting.
Richard Gilmore, 744 Kroegel, Sebastian, discussed Sebastian 2020, stating as a
community we forget the path we are on and proposed we look ahead to 2020 because
Sebastian will be changed, he described a scenario for 2020 and asked what steps
citizens can take from preventing things from happening and recommended a
commission to come up with a vision for Sebastian circa 2020.
Damien Gilliams, 1623 US 1, said Ms. Diegl took twenty minutes under Public Input
without a vote and hoped he would have the same consideration; said the Mayor should
not have made her announcement under Proclamations and Awards; thanked Ms.
Simchick for going to Tallahassee and asked for a report on her activities; said Mayor
Coy discriminates on what people wear; asked if she had heard of the first amendment;
said if we kept the fire department here we might get the ALS truck; said he was still
waiting on his docks; talked about people dying at a City Council meeting and submitted
an article about the shootings in Missouri (see attached) and asked why we have to
have these security measures in place and if we treated people with respect
The Mayor stated he had 15 seconds to wrap up. Mr. Gilliams continued. The Mayor
thanked him. Mr. Gilliams said twenty minutes did not go by, and she gave him his first
warning. He asked for a point of order and she gave him a second warning and asked
him to take his seat.
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Regular City Council Meeting
February 27, 2008
Page Eight
Russell Hermann, encouraged the Council to restore decorum and respect to our
meetings. He said all City Council members are accountable to the citizens, said we live
in a place where freedom reigns, but interruptions are not tolerated. He asked what kind
of example we are giving to our youth.
Bill Bodon, 614 South Easy Street, said he sees some civility but not enough, said there
should be freedom of speech and civility, said he understands the frustrations of the
business community, and urged Council to revisit some of the regulations of the City to
assist business owners.
Chuck Lever, noted water shortages in other areas, and urged Council to look into this
before it is too late. He offered his condolences to Mr. Paternoster and his family and
noted it was not mentioned by the Chair.
Jim Gallagher, Holden Avenue, said as a high school teacher for 30 years, he did not
allow anyone to disrespect anyone, and was here to express his dismay at recent
meetings and asked Council to put aside political differences to end this regular
embarrassment, asking who would want to serve on this Council. He urged this not be
allowed to continue under the guise of freedom of speech. He challenged the members
to join together and put an end to this childish demagoguery.
Todd Klitenic, 1274 Barber Street, stated amendment one passed and asked if the
budget committee can meet earlier to see if we need to cut personnel or cut the budget.
He also said the veteran Council Members swore to uphold the constitution and should
allow freedom of speech.
13. NEW BUSINESS
08.029 A. Settlement of Adverse Possession Claim by Roman Witek of Bailey Drive (City
41-61 Attorney Transmittal, Letter, Memorandum of Law, Affidavits, Photos, Letter)
The City Attorney reiterated his recommendation as set out in the agenda packet. He
stated the party is in agreement, and it will be done by governmental deed, the
equivalent of a quit claim deed.
MOTION by Mr. Paternoster and SECOND by Mr. Neglia to approve the settlement of
Adverse Possession Claim by Roman Witek of Bailey Drive as per the City Attorney's
transmittal.
Result of the roll call was as follows:
Ayes: Coy, Neglia, Simchick, Wolff, Paternoster
Nays: None
Passed 5-0
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Regular City Council Meeting
February 27, 2008
Page Nine
14. CITY ATTORNEY MATTERS
08.030 A. Receive Direction as to Settlement of Fellsmere Annexation Litigation (no backu
The City Attorney said settlement proposals have gone back, he has brought forth
language worked out with their attorney, and one addition is that the City of Fellsmere will
pay 35% of any money they receive in lieu of recreation donations east of 195, noting there
should be a time limit when they must do that.
He recommended authorization to settle in accordance with the terms he has proffered
with the addition that monies must be spent within a reasonable amount time as to
address the impacts of population growth.
The Mayor asked when this is public knowledge.
The City Attorney said the draft agreement is public record, but not his litigation strategy,
until he believed, the final judgment is entered.
The City Attorney advised Council should vote to authorize settlement with the Fellsmere
litigation in accordance with draft stipulated final judgment with the one modification.
MOTION by Mr. Paternoster and SECOND by Mr. Neglia to authorize direction for a
settlement agreement of Fellsmere annexation and litigation issue.
Result of the voice vote was as follows:
Ayes: Neglia, Simchick, Wolff, Paternoster, Coy
Nays: None
Passed 5-0
Other Matters
The City Attorney invited Council members to talk individually to him and if he issues an
opinion it will go to everyone, but if there is a problem he will go to the member first.
He said Roberts Rules is written for the English Parliament and offered to boil down a
shortened version for a five member body to be incorporated in a future procedural
resolution.
In regard to signs in the chamber, he said a lot of the conflicts Council is running into are
where enforcement is felt to be unfair and forgiveness of the rules as they are written, is
in the hand of the legislative body. He further advised, there is no provision for
administrative waivers and if we keep hearing about unfair regulations over and over
again, it is a good sign that the rule should be changed.
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Regular City Council Meeting
February 27, 2008
Page Ten
15. CITY MANAGER MATTERS
The City Manager announced the Airport Workshop would be held April 2, 2008. (date
changed later in meeting)
The City Attorney alerted Council that at their next meeting, Planning and Zoning will be
considering parking requirements for marinas uses and putting electricity on the docks that
will not solve the parking problem, the problem is marina uses have certain parking
requirements.
16. CITY CLERK MATTERS
None.
17. CITY COUNCIL MATTERS
A. Mr. Paternoster
Suggested putting a timer on the screen for public speakers and a marquee outside of
city hall with meetings noticed; said because of the Sunshine law, this is the only time
we can share our ideas with one another and we have emotions and he is trying to
influence others to vote his way and sometimes we confuse debate with civility; don't
think it is right for anyone to pick on anyone and would like to see it curtailed; received a
reply from Charles Vogt, Florida Dept. of Health regarding the Citgo station on US 1
(Steil) underground tanks, and that the City Manager was aware of what is going on and
read Mr. Vogt's letter into the record:
"Thank you for inquiring about the facility known as Steil No. Sixteen
The site closed over two years ago and remains in out of service
status. The status requires that the underground storage tanks
remain empty and the facility does not reopen unless the facility
comes into full compliance. The property is also known to be
contaminated and is covered under a state restoration program.
Unfortunately there have been delays in the execution of funds to a
state contractor to begin remedial activities to include removal of the
underground tanks. All parties are trying to cooperate but have been
stifled by the lack of funding. At this point the facility is in a gray zone
but technically in compliance as long as the fuel is not added to the
tanks. The cosmetic issues of the facility, although unsightly are not
under my jurisdiction nor DEP but the City of Sebastian Code
Enforcement Division. 1 believe they (the City) is aware of the funding
dilemma. The sad thing is we almost had the project approved near
the end of last year. Hopefully the actions will progress and the
eyesore and the environmental issues will quickly disappear."
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Regular City Council Meeting
February 27, 2008
Page Eleven
The City Manager said he was unaware of these issues and said he would get with Mr.
Vogt on the contamination level.
Mr. Paternoster said the Florida Brownfields Program assists with cleanup of hazardous
materials and provides financial assistance. The City Manager said there have been
discussions about applying for Brownfields for the property but did not know if the Citgo
station was the best use for this program due to the small size and lack of a business on
the hook.
The City Manager also said he would continue to get with Code Enforcement on the
unsightly, unsafe structure issue.
B. Ms. Simchick
Ms. Simchick said she could not make the April 2"d Airport workshop and after
discussion it was changed to May 7th, 2008 at 7 p.m.
She said the Citgo station contamination would be a good project for the Natural
Resources Board; announced the Pelican Island Wildlife Festival on March 8th, 2008
from 9 a.m. to 4 p.m.; noted Mel Fisher's Museum's new paint job looked nice as well as
Wendy's landscaping.
C. Mr. Wolff
Mr. Wolff said it is clear from public that civility and the behavior of Council is a concern
and barometer of the community and Council should set an example. He suggested
Council follow the lead of the County Commission and rotate the chair on a 12 month
basis and perhaps Council will think about this at the March election anniversary. He
stated he is not interested in being the chair.
He asked that everyone accept his apology for his behavior and pledged to do better
and encourage the other members to do the same.
D. Mayor Coy
Mayor Coy reiterated the last paragraph of her statement to join her in the effort to
restore dignity and respect for a democratic process and they have her pledge that she
will do her absolute best to set aside any personal issues and focus on the business of
Sebastian.
E. Mr. Neglia
Mr. Neglia said he thinks he is civil and will do his best to work with Council; not sure the
Natural Resources Board should be in the contamination business but should work on
becoming a green city; and asked if someone inspected the Citgo gas station.
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Regular City Council Meeting
February 27, 2008
Page Twelve
The City Manager stated the inspection is done by the Health Dept. or DEP and the
contamination remediation would go back to the owner of the property and he would get
Code Enforcement working on the other issues.
The City Attorney stated the state has total enforcement of underground fuel tanks.
18. Being no further business, Mayor Coy adjourned the regular meeting at 9:55 p.m.
Approved at the March 12th, 2008 Regular City Council meeting.
Andrea Coy, Mayor
ATTEr3T}~ /,- Y ~ ~_
Sally A. Maio, MC -City Clerk
12
Six Die in Missouri City Council Shooting
By CHRISTOPHER LEONARD, AP -Posted: 2008-02-08 07:37:21 -Filed Under: Crime News, Nation News
KIRKWOOD, Mo. (Feb. 8) -Ten days after losing a federal lawsuit against this St. Louis suburb he insisted
harassed him, a gunman stormed a council meeting and opened fire, killing two police officers and three city
officials.
The gunman, identified as Charles Lee "Cookie" Thornton, critically injured the city's mayor and wounded a
reporter Thursday night before law enforcers fatally shot him.
"The only way that I can put into context that you might understand is that my brother went to war tonight with
the people, the government that was putting torment and strife into his life," Thornton's brother, Gerald
Thornton, told St. Louis' KMOV-TV.
Tracy Panus, a St. Louis County Police spokeswoman, said the names of the victims would not be released until
a news conference Friday morning. But the wounded included Mayor Mike Swoboda, who was in critical
condition late Thursday in the intensive-care unit of St. John's Mercy Hospital in Creve Coeur, hospital
spokesman Bill McShane said. Another victim, Suburban Journals newspaper reporter Todd Smith, was in
satisfactory condition, McShane said.
Panus said the gunman killed one officer outside City Hall, then walked into the council chambers, shot another
and continued pulling the trigger. A witness said the gunman yelled "Shoot the mayor!" as he fired shots in the
chambers, hitting Swoboda.
Janet McNichols, a reporter covering the meeting for the St. Louis Post-Dispatch, told the newspaper the
meeting had just started when the shooter rushed in and opened fire with at least one weapon. He started yelling
about shooting the mayor while walking around and firing, hitting police Officer Tom Ballman in the head, she
said.
The shooter then went after Public Works Director Kenneth Yost, who was sitting in front of Swoboda, and shot
Yost in the head, McNichols said.
She also said the shooter fired at City Attorney John Hessel, who tried to fight off the attacker by throwing
chairs. The shooter then moved behind the desk where the council sits and fired more shots at council members.
The newspaper quoted McNichols as saying Swoboda, and council members Michael H.T. Lynch and Connie
Karr also were hit. She identified the gunman as Charles Thornton, whom she knows from covering the council.
Thornton was often a contentious presence at council meetings; he had twice been convicted of disorderly
conduct for disrupting meetings in May 2006.
Most of his ire was directed at the mayor and Yost, McNichols said.
Thornton was well-known at City Hall, often making outrageous comments at public meetings, according to the
weekly Webster-Kirkwood Times.
The newspaper quoted Swoboda as saying in June 2006 that Thornton's contentious remarks over the years
created "one of the most embarrassing situations that I have experienced in my many years of public service."
Swoboda's comments came during a council meeting attended by Thornton two weeks after the man was
forcibly removed from the chambers. The mayor said at the time that the council considered banning Thornton
from future meetings but decided against it.
Thornton said during the meeting he had been issued more than 150 tickets.
When allowed to speak during one meeting, he approached the podium with a posterboard with a picture of a
donkey and began making harassing remarks about Swoboda.
In a federal lawsuit stemming from his arrests during two meetings just weeks apart, Thornton, representing
himself, insisted that Kirkwood officials violated his constitutional rights to free speech by barring him from
speaking at the meetings.
But a judge in St. Louis tossed out the suit Jan. 28, writing that "any restrictions on Thornton's speech were
reasonable, viewpoint neutral, and served important governmental interests."
Gerald Thornton told KMOV the legal setback may have been his brother's final straw. "He has (spoken) on it
as best he could in the courts, and they denied all rights to the access of protection and he took it upon himself
to go to war and end the issue," he said.
Kirkwood is about 20 miles southwest of downtown St. Louis. City Hall is in a quiet area filled with
condominiums, eateries and shops, not far from a dance studio and train station.
The police department's chaplain said law enforcers from several agencies were anguished over the shootings.
"They're all just so sad, shocked by this," said Father Robert Osborne of St. Peter Catholic Church. "This
doesn't happen in Kirkwood."
Despite its reputation locally for serenity, Kirkwood has grappled in recent years with crimes that brought it
unwanted attention.
Down the street from City Hall is the Imo's pizzeria once managed by Michael Devlin, who kidnapped 11-year-
old Shawn Hornbeck in 2002 and held him for four years before authorities rescued him in January 2007. Also
rescued was Ben Ownby, another teenager Devlin abducted just days before Devlin's arrest.
Those crimes got Devlin life terms on state charges, as well as 170 years behind bars on federal charges that he
made pornography.
City Hall also is about a block from a park now named for former Kirkwood police Sgt. William McEntee, who
was a 43-year-old father of three when he was slain in 2005 by a man who witnesses said blamed police for the
death of his 12-year-old half-brother two hours earlier.
Kevin Johnson was convicted in November offirst-degree murder and last week was sentenced to death.
Copyright 2008 The Associated Press. The information contained in the AP news report may not be published,
broadcast, rewritten or otherwise distributed without the prior written authority of The Associated Press.
All active hyperlinks have been inserted by AOL.
2008-02-07 22:40:25
Authorities identified the shooter as Charles Lee "Cookie" Thornton, here in an undated photo. He recently lost
a federal lawsuit against Kirkwood, a suburb of St. Louis. In an interview after the rampage, Thornton's brother
said the gunman "went to war" with the city government.
Council members pose for an official portrait. Seated from left are Timothy E. Griffin, Mayor Mike Swoboda
and Arthur J. McDonnell. Standing from left are Michael H.T. Lynch, Joseph E. Godi, Connie Karr and Iggy
Yuan. Swoboda was critically hurt in the attack, and Lynch and Karr also were among the injured, said a
reporter for the St. Louis Post-Dispatch
CITY COUNCIL ANNOUNCEMENT
Wednesday, 27 February 2008
Mayor Andrea B. Coy
Over the past six months, the general public has frequently brought
to my attention that decorum at our Council meetings has denigrated
to offensive and intolerable levels. Our Council meetings have
continued to allow personal attacks in spite of the fact that we've
adopted a civility pledge that states our commitment to their
elimination. Many folks tune in to watch our meetings for sheer
entertainment and in some circles; we are considered the laughing
stock of local government.
My most important duty as the Mayor is to supervise and manage the
orderly conduct of our meetings. As elected officials, the public
expects a certain amount of dignity and respect from us as we
represent them and the City of Sebastian. The general public also
holds an expectation that their democratic processes of government
receive a modicum of that same dignity and respect during public
meetings and at official functions.
Lately, the conduct of our Council meetings has been more like a
three ring circus than a business meeting. Members of the community
have often asked me why this is allowed to happen. My only response
is that Council allows it to happen. And when I say Council, I include
myself as Mayor. As elected public officials, we are all responsible for
setting the "tone" for our City.
1
It is evident that Council has not done a good job in enforcing its own
policies and resolutions concerning the conduct of our meetings.
There have been numerous occasions where disparate enforcement
of policy has been clear to those watching the proceedings. The
following two scenarios are the most obvious examples of the double
standards this Council has encouraged and tolerated:
About one year ago, a member of the public came forward to speak
and proceeded to don a hot dog hat. A council member immediately
objected to the hot dog hat and it was the unanimous decision of
Council that this behavior was degrading and unacceptable. The
individual was directed to remove his hot dog hat if he wished to
speak at the podium. When he removed the offensive hat, he was
allowed to proceed. More recently, this same individual has come
forward to speak at three separate Council meetings dressed in a wig
and costume intended to mock Council and ridicule our City
government. To date, not one member of Council has found this
behavior to be inappropriate. Think about it ... a hot dog hat is
disrespectful, but a costume mocking Council is OK. Something is
wrong with that picture and does not reflect consistent and fair
treatment by this Council. There clearly is a double standard.
Costumes and disguises are either acceptable all the time or
unacceptable all the time. Because this is a business meeting, I would
suggest that costumes and disguises are never appropriate at City
Council Meetings.
2
Another clear example of disparate enforcement occurred during a
Council member's passionate and professional plea for Council to
reconsider a project. During his eloquent speech, his attention was
diverted by the shuffling of signs in the back of the room which were
detracting from his message. The Council member directed the signs
be put down immediately and he was right in his demand to cease the
disruptive behavior. What we as Council failed to recognize is that it
was equally disruptive when this behavior occurred during quasi-
judicial hearings, during input from the public, during new business,
or at any other time during our business meeting. Once again, we
condoned and enforced a double standard. In fact, we violated our
own policy as stated in Resolution No R-07-07 which prohibits signs
within City government buildings. The behavior is either appropriate
all the time or inappropriate all the time. Again, since this is a
business meeting, I believe that distracting behavior is inappropriate
during a City Council meeting and I believe it is time that we enforce
our own policy that prohibits signs and placards within City Hall.
What message are we sending to the potential business investors
when they observe the City leaders condoning and at times defending
this nonsense?
What message are we sending our youth as the Boy and Girl Scout
Troops sit in our audience to earn their Civics Badge and to learn
about their government. How do you explain away all the
inappropriate behavior? We are their role-models and 1, for one, am
ashamed at what the Scouts saw at our last meeting.
3
But more importantly, what message are we sending to our
constituents who trust us to be fiscally responsible and professional
in the management of their tax dollars?
Because of the Sunshine Laws in the State of Florida, the only time
elected officials can discuss issues with each other is during an open
public meeting. At Council meetings our job is to hear input on issues
and, through deliberation, reach consensus in accordance with the
best interests of the City of Sebastian. Wouldn't our time be far more
productive if we attacked the issues instead of each other?
So as the Mayor, who, by Charter, is responsible for the fair and
equitable conduct of the Council meeting, I have made the decision to
prohibit the wearing of costumes and disguises while at the podium
addressing Council. The precedence for this decision was set in our
hot dog hat determination and it clearly is the professional standard
that should be followed. Furthermore, I intended to strictly enforce
Resolution R-07-07 prohibiting the display of signs and placards in
Council chambers.
1 can assure Council and the general public that I have discussed this
issue at length with both the City Manager and City Attorney. I can
also assure you that I am not over-stepping my bounds as Mayor to
demand equitable enforcement of our policies and standards of
conduct.
4
I would also like to remind Council that our attorney, Mr. Stringer, has
told us in the past, that the law allows us to set reasonable time,
place, and manner restrictions on speech during our assembly. When
we passed the resolution banning signs and the resolution
concerning conduct and rules of decorum, we, as Council, felt they
were reasonable and there is no basis for us not to enforce them. The
court system will recognize and fully support our right to set
reasonable standards of conduct as long as we are consistent and
equitable in their enforcement.
So Council, I hope you will join me in this effort to restore dignity and
respect for our democratic process. You have my pledge that 1 will do
my absolute best to set aside any personal issues and focus on the
business of Sebastian. We have a lot of work to do and many
challenges to overcome. Please let's focus on the issues, not each
other. Thank you for your consideration.
5
Proposal to Purchase Projector for `Theatre Under The Stars'
By Anita Solomon
At the January 9th council meeting, I suggested we have a "Theatre
Under the Stars" event and since that time, I've followed up on that
proposal.
In my conversation with Frank Losardo, I learned that we do not have
a projector needed to show movies.
I would like to ask Council to Zook into and consider the possibility of
purchasing a DVD player projector. Prices range from $400 and up.
This projector can also be made available to schools for free, or
rented to organizations at a nominal fee.
I think this would be a great Friday night family outing and all movies
of course must remain PG. The frequency of this event is yet to be
determined; however I believe that every 1St and 3rd OR 2nd and last
Friday night of each month is sufficient. Residents can even request
to schedule (and provide} of one of their family favorites. (again must
be rated PG).
Epson Moviemate 30S LCD Projector
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The Epson MovieMate 30s takes home entertainment to the next level, combining a portable, high quality
projector, a CD/DVD player and spencers all in one simple unit Just plug it in and get brilliant widescreen
performance anywhere - indoors or out Enjoy crystal clear movies, games and more. $399
http://www.dealtime.com/xPP-multimedia groiectors-price range 0 830-%5EDvd Planer Projector
cc: Frank Losardo
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