to at least ask for some level of approval of who it is we would sublet or let to um and Mr. Mortell, you know, the the city manager does make a good point. We are consistently letting out the space in some form or fashion. Um so
just keep that in mind if indeed for whatever reason, I don't know. I really don't. But if Sam Yates happens to be a part of Co Pepper Interpreting, please be aware that we sublet to all walks of life regardless of their stance on any given topic. Thank you.
>> More than that, it's just the transparency of if he is subleasasing from >> Co Pepper, that is something contractually that's supposed to be disclosed. >> It's not an attack on him for being a Bright Line. Uh >> I don't I don't disagree. I I'm not
aware. Um, I I can't confirm or deny. I know that Co Pepper interpreting is the one that I am aware of. >> Well, that's what we want you to be able to confirm or deny. That's all. Thank you >> very much. >> That's That's all I got. Thank you. >> Okay. Roll call, please.
>> Okay. Mayor Rich? >> Yes. >> Commissioner Clark? >> Yes. >> Commissioner Gobi? >> Yes. >> Vice Mayor Collins? >> Yes. >> Commissioner Reid? >> Yes. >> Okay. Motion passes. Item number nine. Mr. Bagot, please. >> Resolution number 100-2025,
a resolution of the city commission of the city of Steuart, Florida, authorizing the submission of a grant application to the Florida Department of Law Enforcement for funding under the fiscal year 202526 drone replacement program, providing for the execution of an agreement if funds
are available and awarded, and providing uh an effective date. >> Mr. Mortell, are you gonna or Mr. Bagot? >> Um, I'm happy to handle it. Essentially, uh, the state of Florida, uh, passed a law banning the use of any, um,
particularly Chinese drones. And, uh, this is a grant opportunity for the police department to obtain another drone that is not a Chinese drone, and it's 100% paid for by the state. So, there's no matching funds whatsoever.
It's just authority to apply for the grant and if we get awarded the grant to purchase the drone. >> Okay. >> And the chief's here if you have any questions about it. >> Questions or comments of Mr. Martell? If not, I'll entertain a motion.
>> Mr. Reid, Commissioner Reid. >> Yes. This is for the chief. Are these beneficial in the city? Um, historically, have we used them? Do you have to get like drone certified? Um because I saw an article come out and and I don't know if this is like a big brother thing. I can see both sides. Um
this was in Miami like where you get a 911 call and this thing just autonomously flies on scene within like two minutes they were saying and it starts filming everything going on. I know it's not to that I know it's not to that degree, but >> yes, I think what you're talking about
is a drone as first responder program, which I think Miami has where the drone is sent out with or just ahead of the police officers. It flies on its own. It gets to the scene to check the scene out to see what's going on. That's not what our drone does. Although, if we had if I was on the radio and the drone operator
happened to be sitting next to me, I could say, "Could put you can you put the drone up to go to that robbery or, you know, whatever it might be." Uh our drones, we use them um weekly, sometimes daily, depending on what's going on, certainly for security, for any public gatherings. Uh we have them, especially
with what's going on nationally, we use the drones to clear the rooftops of buildings, anywhere near any crowd, the parades, things of that nature. In addition to our staffing with our officers, um if we're doing a search warrant at a particular location, the drone will go up in advance to help uh
for security and perimeter security. We've used it uh for missing uh folks, missing persons. It does have a um uh heat um >> infrared >> the infrared so that we can help track missing missing persons and so it has about I think a 35 to 45 minute battery
but we have several batteries so you can drop it put a new battery on and put it right back up. We have uh two of our members are certified and if we are awarded another drone we'd look to certify additional officers and make it uh available. It's a it's a game changer with those, you know, they having the
eyes above a certain incident or scenario. Uh so it's a very big tool for law enforcement. >> Okay, that clarifies it. So it's not something that's flying constantly or it's special occasions, it sounds like. >> Yes, we have we have to we have to have somebody fly it for us right now. We
don't have a drone as first responder program uh at this time. And I should also mention that there is a state law that prohibits us from using drones for code enforcement and other purposes.
>> Yeah. Thank you. Thank you, >> mayor. If there's no further discussion. Yep. >> I was going to make a motion on the resolution. Was that what you're >> Go for it? Ladies first. >> Resolution. >> No, I was just going to make a comment. I was talking to the drone guide chief and the cost difference is remarkable.
And what has appealed if if the drones could be a little cheaper, what's would provide a much higher degree of safety for the officers is, you know, sending these drones into dangerous situations and to check out the house first. But
these are what 30,000 Mike >> It's about 20. >> Yeah. So >> where the Chinese drones are so in >> inexpensive they're almost disposable. Well, the the DJI that we had before was about 3500 for the top of the line one
that we were using and it's the same drone is 20. >> But but I guess the law when when when you're not paying for the service, you are the service like I guess we're giving them the data instead of money. >> Okay, I'll look for a motion. Resolution
number one >> 120 2023 >> 25 >> 25 sorry >> you >> just lost two years >> move approval second >> we have a motion by commissioner Clark and a second by the vice mayor is there any public comment on this issue
>> I have none >> seeing none uh any additional comments or questions from the commission roll call please >> Commissioner Reid >> yes >> Vice Mayor Collins Yes. >> Commissioner go. >> Yes. >> Mayor Rich. >> Yes.
>> Commissioner Clark. >> Yes. >> Item 10, Mr. Bagot. Resolution number 98-2025, a resolution of the city commission of the city of Stewart, Florida to approve a major urban code conditional use
exception to Glenn and Kimberly Gordon with Gordon Enterprises Stewart LLC, also known as the Spice and Tea Exchange, tenant at 39 Southwest Oyola Street, to allow a Formula business to be located within the Formula Business
area and to wave the required 300 ft separation, excuse me, >> between the Formula Business establishment. providing for an effective date and for other purposes. >> Um, mayor, if I maybe heard briefly, certainly. >> I recently heard that they were requesting a continuence. So, I wanted
to read to you the board section 11.03.11 titled continuences under our land development code. A continuence of a quasi judicial proceeding may be requested by any party at any time prior to the conclusion of the hearing. Such
request may be granted by the board in the interest of justice and fairness. If granted, the hearing shall be continued by the board to a specific date and time considering the reason for the continuence. If it is not reasonable to reschedule the hearing for a specific date and time, then the applicant shall be responsible to provide adequate
notice of the new date pursuant to the requirements of the code. >> So, we don't have to go through the whole quasi judicial. >> We do not know. Right. If you're >> if we're all agreed, >> right? >> Yeah. Okay. They'll have to all agree. Three of you. >> Three of us.
>> So, do we set a time certain then? >> Yes. >> I think they were requesting a date certain. >> Mayor, I would move >> November 10th. >> November 10th. >> Mayor, I would move that we continue. >> Can we allow the vice mayor to make a motion? >> Mayor, I would move that we continue item 10 until November 10th. >> Second.
>> We have a motion by the vice mayor and a second by Commissioner Clark to move item 10 to the November 10th agenda. And um can we request that they make an effort to talk to each of the
commissioners before the November 10th meeting? >> I'm sure they'll >> I've done that already. Probably >> no. That's why I asked. >> Okay. Do we need to take public comment on this? I don't believe so. Do we? >> I have none. >> What? Okay. Roll call. Commissioner
Reed, I'm sorry. >> Will you >> I do have one. I'm sorry. >> Okay. speak to this briefly. >> It was present at the meeting. >> You got three minutes to speak to this briefly. Uh since it's going to be continued on, it looks like, but I was
on the CRB. I was one of the members that voted yes to approve this >> after uh I came in, I drove in that day thinking that no, I'm not going to do it because I don't want a big business coming in here and potentially squeezing out small business. But what I discovered, I kept an open mind. What I
discovered is the individuals involved see themselves as small business owners. They run and operate a niche business which does not compete with anybody else. We had a member of the business community here who was against them or at least not really against them but
concerned about that competition. They don't have competition. They would contribute to this. Uh, another concern was they would get in a big advantage of having this corporate entity helping them along. I spoke to the
corporate entity. They do not have, in fact, they basically have to give up a brand new car just for the privilege of coming in here. In addition, they have several hundred,000 of expenses to come in here. So, this is not a big advantage that they have for them. The niche business basically caters to the top 10%
income earners. Their margins are extremely high. So I do not see uh this is um a potentially negative thing. Also I see a lot of potential positives. Um they are potential mentors. Once you
see the Gordons and how they operate, you can tell very quickly that they are good people and they want to hire a local person to act as their manager. This manager, whoever that lucky individual will be, if approved, will learn how to run a small business. this
they've been in business for 12 years. This is will be their I think their fourth operation. When I spoke to corporate, they knew exactly who these people were and they said glowing things about them. And again, um you know, they also the corporate also identified that
they had they could carry up to three local SKUs. That would mean that potentially if you had like the Martin County uh honeycomb co-op wanted to run their honey through their operation, they could. So there's opportunities for other small business in the area to maybe segue into this and venture on. So
this is a you know even though this code like going back to how did the Rockefellers and the Carnegies become these super tycoons and these monopolist? Well, they couldn't do it in the 1890s. They couldn't do it. But the
early 1910 1912 they figured out hey let's get Congress to pass laws and regulations that's going to make it very cost inhibitive for competition. Remember Rockefeller said competition is a sin. Once they were able to get the Congress
critters to do that and the regulations were in place that's when they got their monopolies. So the code in theory is to protect against big business. And I like this code here. But I also like how
whoever came up with this code I think was a genius. They created the options where small businesses can be allowed if they meet certain requirements. They are not competitive. They were going to contribute. So I just wanted to state I see they're not here, but when they do
arrive, I think you're going to like what you see. So thank you. Thank you. >> Any other comments or Commissioner Reed, did you have a comment or question? >> Yes. Uh I was actually looking forward to them coming tonight for some good discussion from my fellow board members,
but what I wanted to put into the record was uh Miss Gordon emailed me last Thursday at 1:55 p.m. And I won't bore you with the whole email, but at the end of it, it says, "PS, well, I want to apologize first. I haven't called them back yet. I've been very busy this
week." Um, she says, "PS, I tried giving you a call today, but wasn't able to reach your voicemail. I just wanted to say thank you again for your time and consideration. It really meant a lot to me as you are the only board member I've had the chance to speak with. I truly
appreciate that you took the time to listen, wishing you a wonderful weekend. So, thank you. I will call you back. By the way, >> any other comments or questions?" >> I do have one. Marcela Campbler. >> Ah, Miss Campbell.
>> Uhhuh. Good evening. Marcela Campbell. Marcela Campbell are an associate. Um, my firm was helping the Gordens navigate the regulatory process. This is something they the application that they started themselves. Uh, but then it became a major code conditional use. It
wasn't just opening a store. Um, they're not here. I am here. They mistakenly understood that just requesting this last week to staff meant it was um automatically moved. Part of the reason
for uh moving this is um I think you're going to see overwhelming support from the downtown businesses. um not not many of them could be here that night, but I think when you hear from them, as the uh
board member said, you will be very impressed with their business. So, thank you uh for moving this to the November meeting. >> I'd just like to remind you this is a motion. We are not debating the merits of this application. We are only it is
only a motion to move it forward in time. So if you really want to address that issue, Mr. Breville, you're welcome. >> The only thing I would ask is that the U the CRB did review this. They reviewed it very very well. We had people and
they worked really hard on it. Will made some great points. Others made some great points. So all I'd ask is that you guys maybe if you get an opportunity to to to see what happened at that level. Um because right now there I think they
did a really good job of of evaluating it and it's a tough issue and part of the reason it's a tough issue is because this formula business code is not really clear as it relates to number one on the code. And so that's why I'm asking you
to take when you're taking a look at this, take a look at whether or not this code will function the way it's written, considering that we haven't had anybody denied in 10 years. So now if I'm if I'm a franchise that comes in with, you
know, 98 franchises around the United States and I have uh five or six, um is that is that how do you deny them when you've approved everybody else? So, all I'm asking is take a look at what the CRB did and um and also take a look at
that language in that formula business language to see if if it's even defensible going forward. >> Thank you. Any others, Madam Clerk? >> No, I have. >> Roll call, please. Then, >> Mayor Rich, >> yes. >> Commissioner Reid, >> yes.
>> Vice Mayor Collins, >> yes. >> Commissioner Gobi, >> yes. >> Commissioner Clark, >> yes. >> Motion passes. Item 11, please, Mr. baget for our cons. >> Resolution number 104, 2022, a resolution of the city commission of the city of Steuart, Florida, authorizing
the execution of an amendment to lease with tenants at 301 Southeast Ocean Boulevard to allow for the termination of lease in in the year 2028 and to allow staff to relocate in accordance with prior commission action providing for an effective date and for other
purposes. >> Mr. Martell, I believe this is you. >> Yes. Um, as you are aware, I originally brought this to the attention of the commission at a hearing to get authorization to even begin the discussions with these two tenants so that we could relocate to the place. I
then thought that I had both tenants signatures in place and put it on the agenda and um, only one of them got the lease back to me in time. So, we heard the Bowman lease and that was executed. And then following the Bowman lease, um,
I received the signature from the Florida Cancer Specialists and that is attached as well. It happens to be their fourth amendment. I don't know what the other amendments were, but the terms of the lease are remaining the same. Their
rent is listed there and essentially the purpose for this lease is that they actually had another option on top of this option. They've foregone any future options and have agreed to be out in the end of February of 2028, which is the exact same time as
Bowman's, and that way we can start making plans. >> Are there any questions of Mr. Martell? >> Entertain a motion then. >> Mayor, I'd like to move resolution number 104 2025. >> I'll second that. >> We have a motion by the vice mayor and a
second by Commissioner Gio. Is there any public comment on this item? >> I have none. >> Any questions, additional questions or comments from the commissioners? Seeing none, roll call, please. >> Commissioner Clark, >> yes. >> Commissioner Reid, >> yes. >> Vice Mayor Collins,
>> yes. >> Mayor Rich, >> yes. >> Commissioner Gobi, >> yes. >> And finally, uh, a DND of the city manager employment contract as you requested that this item be put on the agenda. Commissioner Reid, I'll allow you to start it off.
>> All right. So, what I'm asking for from the board tonight, first I want to say I I totally respect you, Mike, for what you've done for the city and what you do for the city. You've been here a long time. Um, I wasn't here as a board member.
I've been here for a year, so I wasn't a part of the hiring process for your position. But what I'd like to ask for publicly is for your resignation and for us to go look for a new city manager
so I can be a part of that new process moving forward. So, I'm going to make a motion tonight to place uh Jolie as acting city manager until we can find a replacement. And I want to do everything publicly so
I can get my fellow board members input as well cuz like I said I was not here for that and that's what I have to say tonight. >> So are you making a motion? >> Yep. So my motion would be to place Jolie as acting city manager until we
can find a replacement. And I'm also asking for city manager to put in his resignation as acting city manager currently. I'll second that for purposes of discussion. >> We have a motion by Commissioner Reid
and we have a second by the vice mayor. So, is there any public comment on this motion? Uh Mark Breville, 406 Southeast Finny Drive, Stewart, Florida 34996. Um, you know, I think with any city
manager, they're in a tough spot and they have to make tough decisions. And so, you're not going to agree with all of them, but and and I would say that's true with Mike in terms of some of the things I've had. I don't agree with his answers all the time, but I think we're lucky to have somebody like him. He's an
attorney. He's got experience as a city manager. He's previously been an elected commissioner, so he understands the pressure you guys are under. And I just think that to go through that whole process again. I understand that you weren't here, Sean, and I appreciate
that some others weren't here, but there's a lot of things that happen in Steuart before a commissioner becomes a commissioner, and I don't think we make a change afterwards just because we weren't there or we want to vet it again. Um, I mean, if there are specific issues, Mike should be given the
opportunity to address those in any personnel situation and and and have some comment relative to what what the situation was and be be told. The last thing I'll say is that if we lose Mike, I'm not so sure you're going to find for
that cost an attorney, a previous elected official and a city manager who has that kind of experience and is able to help us get through this through budgets and through everything else. So, I'm not saying that for any other reason other than I think that this is a
premature motion in that I think that first the council should put a group together to meet with him and find out what your issues are and have some and I think you even mentioned that Sean was a good point. Everybody's entitled to a performance review, right? And he's
never had one. So, I don't think it's fair to lay a person off before they've had that performance review. That's all I'm saying. >> I have Robin Cartwright. >> Good evening, commissioners. I could make this very personal, but I will not.
I will keep it focused strictly on issues with the contract that I've looked over extensively. So, I won't discuss how I have been personally disparaged or misrepresented and then followed up with an email saying that that wasn't my intention. I won't discuss the comments where he has called people unfortunate names like a fake
news reporter. I won't discuss how he has repped city staff and employees for the purposes of their divorces, private mortgages, and traffic citations, including a former city commissioner. I won't discuss how he's had access to discovery that nobody would have had
access to otherwise that he shared with two individuals so somebody could be personally sued that he marked up that he said he got as a public records request. So what I will share with you are the fact that he is using city resources for his personal clients. This
is happening during the workday during work hours. So is he billing simultaneously while he's being paid a salary by tax dollars? Is he using a city computer for the purposes of conducting personal business? He is definitely using city email because you can find that in the clerk of court
records, not just in Martin County, but in Broward, Indian River, and St. Lucy County. He's also using the city parallegal as his personal parallegal. So, is he also using Miss Cavo's resources while she's being paid by city tax dollars to benefit his personal law
business? So again, this is a concern because if we have somebody who's entrusted with public information and public access and public records, are they using what they have access to in a way that is beneficial for the taxpayers for whom they are supposed to work?
Thank you. I have Olga Hamilton 311 Southwest Street Hamilton. It's you know I I grew up during the Soviet uh times communist party regime
and uh a lot of bureaucracy a lot of corruption backrooms deals lying that's how I grew up I smell it miles away when it happens when the USSR collapsed and
after graduation university college university whatever works. I was a commercial director of a state theater. State theater with 100 employees, 40 actors, each of them a Hollywood star
and uh uh 50 60 employees and I was responsible for bringing money. But I was also under that cap of the state when the state dictates you what to do.
It's it's a scary scary stuff. It should be a scary stuff for commissioners when the commission is getting threatened. If they don't do or say something or they cannot communicate with their constituents, they they getting threatened. It's it's very scary stuff, but it's
also kind of very disappointing stuff for me to to to be here and uh you know all Yes. freedom of speech and everything. But when a
city official on leader position just brazantly giving false information to the commissioners brazantly. That's that's no good. when he writes
you one thing uh another thing uh thinks to us on our project. When right out of bat when city commissioner when he was a city attorney and he knew about uh do agreement on subrant and how the city
was responsible for supervising not only contractors but also consultants that city hires. But from the first day when city manager who is also the officer of court right here on the dice saying how
city is not responsible for supervising the project right in the contradiction to the agreement that's a false information to the commissioners I understand you commissioners have a lot of things to do and when I write this is
as you say my goodness she wrote again for diet, right? But I write it to protect ourselves and by the way to protect you too when I have to put all together to
address every fact. Every fact where was false information given. So please read it. Read the documents and I address all the documents over 200 emails and more. will come not to you
but probably the petition to appropriate agencies as well because it's not good when the city officials when the government officials just giving false information. >> Next I have Robert Hamilton.
Robert Hamilton, 1895 Church of Stew at Third Street. I just want to talk to you about operating outside the purview and the scope of your job description. That's what I contribute to this. What happened here, the city manager operate outside his scope,
damaged us, hurt us, accused us of crimes. The chief's here. If I threaten somebody, come arrest me right now. Never threatened any one of you people here. never participated in bid rigging like I was accused of. Didn't do that.
Again, operating outside the purview. We have a cancer in the community. Need to remove the cancer. We need to move on. One thing I will say, he's smart. He is smart. I listen to some of the things he does. And it's a shame he
didn't sit down and just talk to me cuz this could have went away very quietly. I wasn't asking for anything special. We would have worked it out very quietly and I would have got my place fixed. But now I can't have Jenkins back. I can't
trust my city. My city's out to get me. I mean, I have to think with that mentality. None of us in this room. Nobody should think that. Remember I told you almost a year ago, our ships are going in the same direction. This man's in a different ship. Robin's in a
different ship. What's the common denominator? Why does this stuff keep happening? You negotiate when you're an attorney. I spent a quarter of a century with them. You negotiate all the time. There was no negotiation. You were going to beat me over the head. Beat me over
the head into submission. I'm still standing. I'm bloodied and I'm here. I don't mean ill will to him or anybody else. Mr. Bagot, you're an attorney. I want my place fixed. I'm not going to keep playing. I'm not threatening
nobody. I've come to you for a reason. You know the damage that was done. These people, they just do not care. And I'm sorry that we take the position we take. He has to go when you have an issue. And I was an officer with the sheriff's
department. Oh, buddy. You followed that chain of command cuz if not, you were out that front door and it was Oil Roll the running out the door. Anyway, you have a hard job to do tonight. We put you here to do a hard job. Do the job. Thank you,
>> Ted Estali. >> Good evening, Ted Stalie. I'm a resident city of Stewart. Been here buffer up 40 years or so. Uh, I just want to speak up on behalf of Mike Martell as a city manager, as a previous city attorney, as a former LPA member, as a former city
commissioner. Mike, uh, being an attorney does nothing but defend this commission and keep you all safe from the laws and regulations of the state of Florida and the county and the city of Stewart. He he defends you to the nth
degree. I know people don't like him. I know they end up on the losing side sometimes. Uh, that's a hard place to be. Been there. Uh, I don't like it, but been there. Uh you can't blame the person that you were arguing with. Uh
they're doing what they need to do for their city. Uh I don't appreciate the ambush of an employee, any employee, and coming out and saying, "I want your resignation." without having talked to them first and discussing your issues
with them and working through those issues and giving them an opportunity. Usually, you have an opportunity for corrective action if there are issues. I've never heard this before. I don't know if Mr. Mortell has had that. I don't know if that's taken place. Didn't seem like it when I saw the item come
up. Uh but I think it's a I've I've I've been through multiple selection processes for uh city managers and city attorneys. And I can assure you that you won't find anybody better than what you have now. We've had some people here
that didn't last very long uh for reasons. Uh, I can just tell you from being here for so long and being involved in government, um, I would be very upset as a city commissioner, as a city resident to lose Mike Martell, uh,
especially in this way. So, thank you, >> Meritt Mat. >> You know, I've haven't been involved lately with the city of Stewart in the past. Could you introduce yourself, please, sir, and your address? >> Hi, I'm Merritt Mat. I live at 506
Southwest South Carolina Drive, Stewart, Florida. You know, starting over, I haven't been involved much with the city the past year or so, but I've started to pay attention a little bit the past couple months. I've heard a lot of talk about transparency.
I'm not seeing a lick of it right now. Um, I'm hearing some accusations I've never seen a commission so intent on finding a conspiracy or drumming up problems. I've also looking at a commission where
I see one commissioner who's been part of picking a city manager besides transferring a city attorney over. But I want you all to think about what would make the right city manager.
For me, it was someone that lives in the city, has their money where their mouth is, has knowledge of the job of being a commissioner, has hometown roots, has knowledge of the job of perhaps being the city attorney,
and is willing to be on call 247 because that's what it takes. And I'll guarantee you any new future commissioner is going to look at all these meetings. And what do you think you're going to get after they see all these meetings
and all these accusations and what I just saw right now? If there's a reason to remove someone, lay out the facts. Make this a courtroom. Prove your case. That's what the
five-year job is. Every two weeks, the city attorney and city manager come for a job interview. You guys are their boss. But you get a lot more done if you work with your boss. But meeting after
meeting, all I'm hearing is ways that you can try and prove him wrong. He works for you. Go in, sit down, and talk with him for an hour. figure out something about a lease on
Main Street, Sailor's Return, any one of the city leases. That's knowledge you should have before you come to a meeting. I'm sorry, but a lot of these questions I hear at these meetings, a commissioner should know the answer well before they come to a meeting. Do your
homework. And if you're gonna ask for someone's resignation, lay out the facts because I promise you're not going to get another city manager to apply. And I've been through them. It's not easy. You're going to be the ones on call for
24 hours a day if you do this. But if you do it, be transparent about it. >> We have Raj Patel. I think we >> I would just like to make a point to rebut
part of that before we go on is I actually out of respect for Mike, I would rather not open up everything and try to litigate um his faults because if we do end up hiring another city manager, they would
watch the video. And out of respect to protect Mike, and I'm not saying I'm planning on firing him right now, just to your point, hoping it doesn't go in that direction that we don't do that, you know, and I I was a part of the board that did hire Mike. And um
I would rather not go that path. I hope if anything if the the intent is to hire a new city manager that we do so respectfully and you know not litigate him on the dis as a neighbor as somebody else who lives in this town um that has
been a previous city attorney and commissioner out of respect for Mike I would rather not do what you're suggesting >> madam clerk >> Raj Patal Patel. >> Hi. Uh, Raj Patel. I live in Palm City,
but I'm a steward taxpayer for many decades. I had no intention of speaking today. I just wanted to come to see what the performance review was about. Mike Mortell has done no favors for me. If at
all, I've asked him to help me. He's helped within his capacity. He's not done any favors for me. a little surprised that um instead of a performance review um we're asking for a res resignation.
It's a little disappointing considering he's got a wealth of information and I think he does everything that the commissioners asked him to do. I watch it. I watch the commission meetings from if I'm overseas, I watch it. If I'm here, I
watch it. Um the the man has a tough job to do. Uh it's very sad to see this type of thing where I had no intention to speak again, but I I filled out the form because commissioner's uh asking for his reg resignation.
Um I implore you to do the right thing and discuss it. Give the man a chance. Thank you. [Music] >> I have no further comment. Okay. Um, comments or questions from the
commissioners? >> Commissioner Reed? >> Yeah. I didn't want to make any of this personal, so I won't go in that direction to address some of the comments. Um, some of the stuff I didn't want in front of the public. So, you know, out of respect to Mike, I was just
asking politely for something different and not to go in that direction to bring up things or accuse or any of that narrative. So, I asked for it to come up as a discussion item. I've been here for a
year. I respect you whether you've been a prior commissioner, you're a current commissioner. I've been here for a year though and that's my thoughts and that's why it's on the agenda and I made a motion. It was seconded for discussion
purposes but that's where I stand. >> Yes, Mr. Vice Mayor. >> Yeah. So, so for me, um, I was a part of the commission that hired Mike and you know, this is this is a hard
conversation to have. You know, we we hire and fire uh three different positions. So, this is probably the most important thing that we do that sets the tone for the city. Mike has been invaluable for me um both
when I was campaigning to be able to understand the issues in more detail and every step along the way. Mike has been a huge resource uh to to be able to understand context, past history. Um,
but and here's the but is, you know, Mike's Mike's role, that city manager job, the city attorney job, and now our our new newly created environmental attorney job. These all serve at the
pleasure of the board is is how it's characterized. because I hired Mike. I can appreciate that we have a very different composition of our board right now. And I can also appreciate that that
composition may change wildly in uh you know less than a year. So I though I uh respect Mike and who he is, who who he has been, I also can
appreciate in in light of this role serving at the pleasure of this commission that if I was a new commissioner who was going to be here, you know, for the next three years, that it would be very important to me, you know, who sat in
this seat and that I very well may also want a shot at hiring somebody of my choosing. So for me, I'm open to hearing from the board. You know, I hope we all sort of chime in here uh from Commissioner Gobi
as well what your thoughts are. But um I guess I would say I'm happy to support if that's the direction that you guys want to go in, I'm happy to support that. Um if it's not then you know it's not and the manager um
I guess my questions would center around how that process would take place. Um because in preparation for this I I went back and looked at Dave Ross and how the commission at the time handled him as a a city manager.
And at that time they put Dave on um like a leave, some kind of administrative leave and Jolie was the acting city manager at the time. And then that gave them another
meeting to I guess it's a little bit of a different situation because this was brought up at a previous meeting where that was sprung up at a meeting. >> But um there was a leave provided you know with Jol Lee present at that next
meeting so everybody could discuss their ideas and thoughts about next directions. So, I guess my questions would center around if it is the pleasure of the board to hire a new city manager, uh, would the best path forward, if that's our will, would that
be to put Mike on leave? Um, you know, fire him tonight, ask for his resignation, you know, what what kind of our thoughts are are collectively on that? >> If I can briefly respond. Um, as it relates to the Dave Ross,
there was actually some communication beforehand as it relates to what happened tonight. The reason it was on DND was because Commissioner Reed said he wanted to review my contract. The next day when he met with the city attorneying, he said that it was some of
the terms or conditions in my contract that he wanted to change, which actually would be found in the charter. So, we didn't put it as an agenda item because I didn't think it was an action item. If you look at the uh code of conduct, it
says when preparing for commission meetings, when preparing for commission meetings, commissioners should direct questions ahead of time to the city manager so that staff can provide the desired information at the commission meeting. Meeting by ambush is never acceptable. There are an infinite number
of questions an elected official can ask that can't be answered on the spot and to do so may only serve to make staff look ineffective. I read the article in Steuart News and Commissioner Reid said I'm not interested in firing the city
manager. I want to talk about some other stuff. And he said that he thought the best way to evaluate the city manager would be to talk to the directors. I have to tell you, I I truly am surprised at the approach we're taking tonight
just because I have been available and no one's called me to discuss terminating me once or to tell me why they were terminating me or to even tell me which thing I did wrong in my job. So, if you're inclined to get on that
path, I'm obviously not going anywhere. I've lived here my whole life. We've obviously, as you mentioned, been working professionally for the last two or three weeks in between those. I would ask that you direct this be put on another agenda item be noticed properly under the state law as it relates to do
due process and notice and address it accordingly because there were people that asked me if they should come to tonight's meeting and I honestly told them no. I said I read Commissioner Reid's comments in the paper. I don't believe that's what they're bringing up tonight. I think if they're going to,
they'll bring that up for another meeting. And if that's the case, then that's your guys's prerogative. I don't disagree with that, but I had no idea it was coming. And I, you know, >> nor did I. >> Commissioner Clark.
>> Yes. Thank you. Thank you, Mr. Mortell. Um, thank you, Mr. um, Commissioner Reid. >> Welcome for bringing this up. So when Commissioner Reid said something last week or the last meeting, I thought that
he just want I was surprised why he had to bring it up in the commission, I didn't realize that this there was something more behind it. I thought he just wanted to get a a detailed copy of the contract and I thought I said I have any problem I don't have any problem
with that and that's probably why nothing specific is on here other than a discussion and deliberation and I know that we have the will uh as the commission to deal with the uh employment contract termination or
whatever we whatever stage we want to put that um his ability to serve us in. But I um I mean I I prepared in that I I I realized that I I looked at his
contract. I didn't specifically go through and see anything that he wasn't or wasn't doing bad. I've heard all the things that have come before us. This one instance um is not the rest of his whole service to the city and to the
employees. And um uh I just I just think that we need to to pull back and think about this. We're at the end of the year. We're starting a new budget. Even though we're at the end
of the year, we're we're we're start we just started a new budget. If you if we even if whether or not Mike stays on uh we're talking anywhere upwards of probably 275,000
or more plus other benefits and other things um for a new person plus the hiring process alone is probably going to bring us into some serious money to to try to get somebody from other places. this tactic and this way of
dealing with things in the in the spirit of uh transparency. Um I I I don't know. I'm just I'm very I I'm just very um it's I think the the
word if you could read that I don't I would ask you to read that conduct code of conduct again but that ambush. Yes. It's just very very very um very striking to me and I I just
I just think that we need to cool off and think about this and and try to figure out how we can best manage our city. And I I and and I know that you're saying, well, that's because you you we we might need somebody else to manage
the city. But I think that if we can work with the person and the resources that we have, um I I just I I would I would not be in favor of um any type of uh termination
of Mr. Mortell in this manner and especially uh at this time. Just uh just for clarification, what what is other than us discussing his working for us or not, what more
would the pleasure of the board signify? We we cannot meet outside of these meetings to discuss it. So, >> right. >> So, I don't know. I feel like formally >> I feel like we're characterizing it a little bit as um
not being open, but we're trying to talk about it now. That's what we're >> Yeah, we have to weigh the pros and cons of of um >> benefit to our city in the in at this point in time.
>> I mean, he has specific responsibility. is the implication that he has failed to fulfill some of these responsibilities in section 3.05. You know, I we got to stop worrying about sparing his failings. We're taking his job away from him. So again, whoever
watches, >> we need we need to know how he has failed. If he has failed, there is actually a center city manager evaluation form. >> I haven't taken the time to do that. I haven't spoken to a single department
head. There are 11 different departments in the city. I sure as heck am going to talk to each one of them and ask how they would evaluate Mr. Mortell's um if I mean if he's failed >> do you think that
>> A through L >> inappropriate to do in the two weeks that this time this has been agenda that we would be discussing his his um contract >> if that was the case. is certainly entitled to due process, a more
reasonable process. You're asking none of us. Did you know that he was going to Commissioner Reid was going to suggest the >> I mean, in fact, he said the opposite. >> If you bring up discussion and deliberation of the city manager's employment contract, my assumption is there there might be some thought about
hiring a new city manager, >> but he said the opposite. He in fact said the opposite. But that would be kind of my assumption if we're going to discuss it. >> Okay. But >> so that's when I would use that due diligence >> rather than assume. All I had to do was read the newspaper and he said he wasn't going to. >> Maybe we shouldn't go with what the newspaper says and we should just do our
due diligence on our own. >> I Keith and I said I wasn't going to discuss anything else on the phone. I said you can come to the meeting by the way. So I don't know what the news article said on that >> and I didn't want to get into the weeds of specific examples.
>> Commissioner go for respect to my that's why I didn't want to do >> you can just phone me clerk commissioner Joy >> I will agree with the people who spoke in um for Mr. Mortell. He is he has a
plethora of knowledge. Um he's been a city manager. He's been a city commissioner. He's been a city attorney. He's now been city manager. And he has done his job well. And if you speak to all of his directors or the employees, I'm sure that he runs those departments
magnificently and that they all love him. I'm a new commissioner and I don't want to go into the weeds, but from day one there was a level of what I could say that misrepresentation and trust. So for me that's an issue and I don't really want to go further than that, but
that's basically um part of my agenda. And u as to his knowledge and all that he's done for the city, hands down, he's knowledgeable to to anyone in this room. I mean really he has done in that sense a fantastic job. He knows the city. He's
lived here. He's been a resident. And um we're just talking about you have to be able as a commissioner, whether you're new or older commissioner, you have to be able to trust the information you're given. Uh we cannot really I do investigate a lot, but we cannot we have
to rely on someone to let us know this is the way to go. And I don't always feel that that it was I feel that sometimes it was misrepresented and my vote was then based on that. And I, you know, for that reason alone, thank you.
>> And you're not willing to provide specific examples of that misrepresentation. >> Again, I think as the vice mayor said, I don't think that we want this to become a a court where all of the things that we it shouldn't be out in the public. I'm sorry. This might be one of those reasons, one of those occasions you
don't want it to be transparent. And that's all the more reason that I would request that you schedule it for another hearing so I'd have an opportunity to sit down with each of you and individually hear what it is you think because I also believe that if in fact we were sitting down there might be a
misunderstanding between us and I don't know exactly what you're referring to but I also know that there were public comments earlier tonight about um a thing that Paul Nicolleti um was trying to get at somebody that
revealed information to Tom Keny and I know the whole story of that and I know it wasn't me but I know that the inference has been that it was me and I actually um have addressed it on multiple occasions and I again if I were
sitting with you privately I don't want to air the information about it right now but I think I could explain to you exactly what happened you would understand that it wasn't me and it would be very clear that it wasn't me because it wasn't >> actually to be perfectly honest honest my conversation here on the diet best
thing on my mind and anything he says I really don't I don't adhere to I don't >> I was I would just use that as an example >> that's the same for for attorney Nicolleti he he's been an attorney here he's been filling in and whatnot it has nothing to do with them honestly
>> I just think the morale of the city employees the um we have to consider a lot when we make these statements and and do these things. Um, and I just wish that um
my fellow commissioners would think about that and think about the city as a whole and the direction of the city and the morale of our employees. And uh I think somebody said if somebody comes in
the future um the city of Stewart was not like this and I think there'll be people who will say I'll never apply for a job in that place but maybe there will be. >> I think there's two issues. I think there's what Mike is do but Mr. Martell
is due as an employee as due process as a reason as a reasonable evaluation. Yes. just like any employee and you know the reason to maintain Mr. mortal is not because of what difficulty or improbability of hiring another city
manager may be. That's that's a separate issue. Um I just think as as an employee he's he deserves a review and discussion and most people get, you know, second
chances if they're guilty of gross uh misrepresentation or gross error in their job. I see no evidence of that. Um, and I just unfortunately I appreciate your sensitivity,
but I think there's nothing more damage to someone's reputation than these vague unsubstantiated claims of uh incompetence and >> lying. Nobody said that
>> on this public unfortunately this is such an awkward process that it has to be done on the disin public but that's the burden we have and I think that's the responsibility we need to accept. I I can tell you that I had anticipated um bringing up that the HR department does
in fact have a evaluation process that could could be done. And quite frankly, in the next two weeks, the commission could do that evaluation process. And if the majority of the commission felt that there was a trust issue or a problem with it, it wouldn't change anything. It's not going to change the way the
city gets operated for two weeks. I mean, I I've always loved the city and I've been committed to the city. The last thing I'm going to do is something that would uh be detrimental to my co-workers because I respect all of them and I want to make sure that they do well. So if you guys are inclined to go
down that path, I would still recommend going procedurally, do the evaluation through the um HR director, meet with the directors of the city, get the feedback from it, talk to the community, and then make your
decision and meet with me as well and talk to me about it so that I at least understand what your position is or why you feel the way you feel. >> I'm going to let Mr. Bagot come in here. He's been patient. Mr. Beaget, do you have a comment? >> Yeah, even before Mr. Mortell made his
initial comments, I had made notes that we failed to properly notice the public advertise this issue. I also put notes here in code of conduct about the ambush. I I think I think this should have been more well advertised. This is
a serious issue. Although all you're asking for him is to resign. So you're not taking his job away, but he's sitting here asking for due process as an employee of the city, even without a contract where the employees are entitled to due process. Um and and he
has a contract and he's an employment of the city. So he has more of a reason that we need to provide due process. So I think um from a legal perspective, I think this should be advertised at least for the next meeting or a meeting thereafter and properly notice the public. I there seems to be a lot of
people from the public had an idea that this was going on. I had no idea this was going on. Um I thought we were talking about the duties and responsibilities and that's why I put together the agenda item which included the uh the charter. I was not prepared to to hear this but I I that's my legal
opinion on this. >> Thank you, Mr. vice mayor. >> So, let me let me offer what may be a I hope a reasonable, you know, trying to work through this right now. Um, and you're driving the bus, Sean, and I'm just throwing out some
ideas here. U you're calling for city manager's resignation uh to the point of due process. uh potentially, as I mentioned before, you know, historically the city with
Dave Ross um put Dave on administrative leave in that two week period. Um not necessarily firing him, but putting him on leave and then having Jolie be the acting manager. uh maybe something like
this and then having agenda for the next meeting a formal discussion of whether or not to retain the city manager or um >> excuse me can I just clarify one in fact does not live in Steuart he lives in
Alabama right >> I'm not I'm not saying for like a permanent >> I'm just saying I don't think he even lives here now >> solution okay I'd say that because that's what Sean said and then historically I know Dave Ross that's what they did with Dave >> I'm just I mean, you're saying, >> well, who maybe >> has anybody talked to Jolie about?
>> Maybe it's somebody else. I don't know. But >> but just just to try to get to a solution that's reasonable. >> Um maybe putting him on administrative leave and then at the next meeting discussing whether or not we retain Mike as city manager or if we want to move forward with seeking a new city manager.
That way there's sufficient. Nobody could make a case that there's not sufficient um due process and people could could show up and speak to it and you're driving the bus. Just I wanted to offer that.
Am I recognized, Mayor Rich? >> Certainly. >> I'm not I'm not opposed to amending my emotion. I have no problem sitting down with Mike and even talking to him, but I'm not going to bring specific examples up on the dis out of respect towards my city manager. I've known Mike for a very
long time and I don't want to go in that direction publicly. I have no problem sitting down with the city manager though. Um, even HR Lee as a witness, but uh I'm not opposed to the administrative thing to where Mike is is
still here. But at the end of the day, I would like a new city manager regardless. And I understand I'm only 20% of the city, but that's my feelings and that's how I feel. So then um hypothetically amending the motion to
where Mike would be placed on administrative leave and either Jolie or whoever we would decide would be the acting and then having a meeting uh at the next meeting agenda to discuss hopefully not in in you know brutal
detail but you know sort of superficially our thoughts around this. If we have a little more time to prepare, you know, everybody, all of us can really consider >> the public can have more notification. >> Is that reasonable? >> I don't I don't know how that work. I'm not opposed to that. I just don't know
how it works. If I can >> you can amend your motion if you'd like. >> Yes, you can. >> Well, you know, you're right. It was it was made and seconded. So, >> no pressure, but yeah, I have no problem. So, I I'd like to amend my
motion then to place city manager on administrative leave uh for the next two weeks until it comes back as an agenda item so it's properly publicly noticed for >> that even mean administrative >> I mean that's that's what we've done in
the past historically so that we could give notice to the public to be able to do have due process and then um at that meeting we can discuss. >> So, no one will function in hisstead for the next two weeks. >> No, there you go with those negative
vibes. >> We need to identify someone acting city manager. And my concern with Joe Lee is he's not been made aware of this. Neither have I >> and I don't even think he's in the state. >> No, he doesn't live. He lives in Alabama.
>> So, can we have this the city attorney? >> No, I cannot also. >> No, it has to be one of the directors and they have to be present. I mean, so we have the utilities. >> As far as the administrative leave, you guys can put me on administrative leave
effective Friday if you want. I mean, it doesn't matter to me. Like I said, the the purpose behind administrative leave, I'm not sure, you know, what effect or benefit it gives the city to have me not work. I I'm happy to sit home if that's
the case, but I'm happy to also work. So, it's your call and your discretion, but you if you're going to have me go on administrative leave, you have to appoint an an acting city manager per the charter that's present. >> So then, if that's a direction we want
to go, we would need to have a special meeting with those department heads here, unless there's somebody in this room that wants to be in that position. Um but yeah, we'd have to have a special
meeting. >> Well, we could Why don't we just >> It's not happening. >> Commissioner Gobian. >> Okay. Well, we could make a blend of this if if Mike would stay on for the two weeks or three weeks that we need to
meet with department heads and need to meet with Mike. But I don't want to air all of that on the DAS when we come back in two weeks. Okay. >> Okay. That's fine. >> I'm okay with that. So, it' come back as an agenda item. So, I'll amend my a motion for it to come back as an agenda item then and then over the next two weeks. Are
>> you withdrawing your original motion? >> Well, I'm amending it. >> Why don't we just withdraw it for sake? Ease. And your new motion is simply to bring this back as an agenda. >> Which Which one's easier? Uh Lee, >> just amend your motion. >> No, it's seconded made and seconded. Just withdraw.
>> I'm somewhat concerned what the motion is. So I >> So the motion would be for it to come back as an agenda item in two weeks and in the meantime I have no problem meeting with Mike if any other fellow board members want to meet with Mike and discuss things but for it to come back
in two weeks. Um whether or not we have a special meeting between now and then. I don't think it's necessary. >> So >> good. It's a very simple motion that this come back as an agenda item on the next meeting for the next meeting. >> What comes back in two weeks? >> Uh his his employment discussion. Okay.
In two weeks >> after having met with Mike in the in some department. >> Well, the motion does not include whether you meet with Mr. Mortell or not. That's >> Mr. Mortell is asking for. >> Correct. >> And probably a good idea then to have the various department heads present and
or Jolie since that would be part of that decision-m hypothetically. >> I'm pretty sure the city manager needs to live in the city. Does he or not? I would think so. for an for an interim not >> you can make an exception but that the the charter requires the city manager to
be present the problem with appointing Jolie right now is present tomorrow >> y >> was that Lee or was that clear Lee >> no that's a clear madam clerk do you have it it's clear >> do you mind reading it back just for >> city manager remains on duty and an
agenda item for his employment discussion will be brought back in two weeks >> are you happy with department should Yes. And department heads to be present. >> Is there a second? >> Ah, second. Forgive me. >> So, we have a motion by Commissioner
Reid and a second by the vice mayor. Is there any additional public comment on this? No. Any addition? Okay, >> just in listening to what was said from
the dis. I mean, I don't see where notice wasn't provided just here on the agenda. I understand your your desire to be fair to Mr. Mortell and give him an opportunity to speak for himself, but I don't think any of this stuff was just
decided by any one of you just tonight. So, as I heard Commissioner Jobi said, this was an experience over time. Um, so I I think think people were noticed. I'm not an attorney.
>> I disagree with you, but >> Okay, fine. And uh as far as him being put on administrative leave, I would say that would be appropriate so that uh he's not in the midst of, you
know, any of the meetings and things going on. I understand there's a problem that you can't put anybody in his place tonight. So whatever pleasure the board is, thank you for your consideration. Sorry, I just want to add to
cards. Yeah, it's a I I made a I made a comment before, but I would ask that you consider >> at least it's just advice, maybe not amending the uh the motion, but that all of the commissioners between now and
then have an opportunity to meet with the city attorney and potentially HR because we've got both a commission issue and an employment issue and there's certain guidelines there that may get the city in trouble if we don't follow those and it might be a good idea for if the commission doesn't already know. I know some people may already
know, but probably be a good idea for the commission to sit down and just address those HR issues, what we have to follow, what we have to do if we're going to ensure that that you know, the process takes appropriate action the way it's supposed to. And um you know, I
don't know how old Mike is, but I can tell you in my case, you got a problem if you're letting me go. So um anyway, I just u I just mentioned that I just think that's something that should be done. >> Thank you. Anyone else? Madam clerk, >> I have no further public comment. >> Any additional questions or comments
from the commissioners? >> I I do. >> Okay. Commissioner Reid, >> for for HR, is that something that should be in the motion? >> Meeting with HR. >> She's a department head. Yes. >> Yeah, I would recommend that absolutely
because I can provide you with the evaluation form that has been used in the past for a city manager and a city attorney. We can talk about the whole due process process and of course the city attorney is available for that as well and we can walk >> but that's not something that we're bound to. That may be a nice idea, but
the those three charter positions serve at the pleasure of the board. Correct. >> So true. In the same way we had >> in the same way we had an evaluation process with hiring Ruth for instance. It wasn't necessary >> for her hiring. Right. So
>> well I think the issue >> mandating that we're meeting with anybody or you know >> no >> I don't think it should be in the motion is what I'm saying. >> Certainly not mandating that but giving any employee an opportunity to speak to what the concerns allegations performance behavior
>> all of those just to have that opportunity to speak that out. Exactly. That's really what we're talking about. You still have the right to make the decision that you make, but to give any employee an opportunity to speak on their own behalf with the concerns that you have is
>> is general process. >> No, but but just that being included in the motion should I think that's it's messy. >> I don't want it to be a contingency agreed. I think you just the motion's fine. >> You can't compel behavior, >> right? >> Okay. Thank you.
>> Thank you. I think the miss the motion is simple still >> Frank got a com >> okay wow this is this is hard this is about as hard as it gets u
and I'm not one of those people that get up here and moan and groan about Mike for little specific issues that they have personal problems with them for sure. U no one can argue that Mike is I mean who's more knowledgeable about
the city of Stewart? Good luck. Good luck finding somebody Mr. Breville second I guess. Uh >> as much as I can be accused of not being great on great details or even
caring about the great details. Like when you're when I'm introduced to you, I won't remember your name because I'm checking out your body language and who you really are. I don't care what your name is. I won't remember your name. That's just way I've always been. But I think my strength has always been
looking at things from 30,000 ft. And uh it's like what I'm hearing and and what I've seen specifically just as someone in the audience is a few times where
uh it seems like Mike's on a different page than than you guys. And uh so I think that's the big picture. If if the if this majority commission today
if if we can all remember the the election and why you were elected, okay, for the people of Stewart, what the people asked for. Um I guess the big picture question is does Mr. Martell
help you in your political job to do the will of the people or does he not? So I think that's that's pretty much the bottom line. none of the other little
mosquito type stuff, but do you have a city manager who is going to help you impose the will of the people of the city of Stewart that elected you?
And I think, you know, as you get older, you realize that time is burning and you ain't going to be up there forever. So that's it. That's my view from from from from far away. I mean
>> that's it. All right. Thank you. >> Thank you. >> I have no further public comment. Mayor, >> roll call, please. >> Commissioner Dobby, >> yes. >> Commissioner Clark, >> no. Commissioner Reid, >> yes. >> Vice Mayor Collins,
>> yes. >> Mayor Rich. >> No. See no other items for our consideration, the meeting is adjourned.