CEDAR KEY CITY
COMMISSION MEETS IN
EMERGENCY SESSION
08 JULY 2020
Meeting Specifics: The Cedar Key City Commission met on Tuesday, July 7, 2020, at 5 pm, at Cedar Key Community Center. The meeting was moved to the larger, more open Community Center from City Hall to allow for social distancing dictated by the COVID-19 pandemic guidelines. Present were Mayor Heath Davis, Vice-Mayor Sue Colson, Commissioners Susan Rosenthal, Jim Wortham, and Nancy Sera.
Staff in attendance included: City of Cedar Key Attorney Norm Fugate, Police Chief Virgil Sandlin, Fire Chief and Emergency Operations Director Robert Robinson, Public Works Director Michelle Petersen, City Clerk Crystal Sharp, Receptionist Telicia Winfield, and Building Clerk Jennifer Sylvester.
Among those in the audience were: Mike Hodges, William Rogers, Tom Pearson, Esta Johnson, George Oakley, Michael Hancock, and Mandy and Frank Offerle. The room was full, with more than 50 in the audience and additional commission and staff members.
MAYOR’S OPENING COMMENTS
Mayor Heath Davis, calling the meeting to order, commented on the following items.
• He offered masks to anyone who wished one.
• He overviewed the evening speakers: Robert Robinson, Norm Fugate, the audience, then commissioners.
• He reminded the audience that, because of the Sunshine Law, commissioners had not spoken to each other or among themselves about the COVID-19 issue and its effects of the city; this publicly called meeting is the forum where they are able to hear one another.
MAYOR’S OPENING COMMENTS
Mayor Heath Davis, calling the meeting to order, commented on the following items.
• He offered masks to anyone who wished one.
• He overviewed the evening speakers: Robert Robinson, Norm Fugate, the audience, then commissioners.
• He reminded the audience that, because of the Sunshine Law, commissioners had not spoken to each other or among themselves about the COVID-19 issue and its effects of the city; this publicly called meeting is the forum where they are able to hear one another.
BRIDGE NOT TO BE CLOSED
Davis further explained that this meeting was not intended to be a discussion about closing the Number Four Bridge again. He asked commissioners for a vote then, thus “taking the issue off the table.” Commissioners voted unanimously not to close the Number Four Bridge again.
Davis further explained that this meeting was not intended to be a discussion about closing the Number Four Bridge again. He asked commissioners for a vote then, thus “taking the issue off the table.” Commissioners voted unanimously not to close the Number Four Bridge again.
EMERGENCY OPERATIONS UPDATE
Emergency Operations Director Robert Robinson reported the following items.
• His rescue team was taking precautions to avoid COVID-19 contraction.
• He repeated the Levy Emergency Management latest statistics, citing 226 cases in the county and the one Cedar Key case in now inactive.
Emergency Operations Director Robert Robinson reported the following items.
• His rescue team was taking precautions to avoid COVID-19 contraction.
• He repeated the Levy Emergency Management latest statistics, citing 226 cases in the county and the one Cedar Key case in now inactive.
Vice-Mayor Sue Colson reported the latest information on the yet incomplete serology tests results administered on April 30 and May 1 in Cedar Key.
• 398 tested negative.
• Three tested indeterminant.
• One was positive.
• The remainder of the tests and notification of those tested should soon be completed.
• 398 tested negative.
• Three tested indeterminant.
• One was positive.
• The remainder of the tests and notification of those tested should soon be completed.
LEGAL UPDATE
City of Cedar Key Attorney Norm Fugate reported that he the focus of his research has been on the issue of recommending versus requiring masks to be worn and, if so, under what circumstances.
• He reminded the audience that the Florida Department of Health and the governor have recommended, not required, individuals to wear masks. Nor is there a federal mandate, said he.
• When mandated or suggested, the mask guidelines and exceptions vary widely. Some differentiate mask use between indoor and outdoor settings, others between occupations, others as they relate to personal health conditions, and so on.
• Fugate sees no common thread among the current lawsuits and noted that none are resolved yet.
• Most lawsuits are brought by one or two lawyers who would drop the suits if the requirement were changed to a recommendation.
• Fugate suggests that the commission, if it does anything, recommend the use of masks not require them. If not, he expects a lawsuit against the city.
City of Cedar Key Attorney Norm Fugate reported that he the focus of his research has been on the issue of recommending versus requiring masks to be worn and, if so, under what circumstances.
• He reminded the audience that the Florida Department of Health and the governor have recommended, not required, individuals to wear masks. Nor is there a federal mandate, said he.
• When mandated or suggested, the mask guidelines and exceptions vary widely. Some differentiate mask use between indoor and outdoor settings, others between occupations, others as they relate to personal health conditions, and so on.
• Fugate sees no common thread among the current lawsuits and noted that none are resolved yet.
• Most lawsuits are brought by one or two lawyers who would drop the suits if the requirement were changed to a recommendation.
• Fugate suggests that the commission, if it does anything, recommend the use of masks not require them. If not, he expects a lawsuit against the city.
RESIDENTS' OPINIONS
Numerous written concerns, comments, opinions were proffered to the commissioners. The concerns written to the commission were six to one in favor of recommending face masks. CLICK HERE TO READ THEM.
Numerous written concerns, comments, opinions were proffered to the commissioners. The concerns written to the commission were six to one in favor of recommending face masks. CLICK HERE TO READ THEM.
AUDIENCE OPINIONS
Members of the audience spoke.
• Colin Dale asked commissioners if they do not require masks, have they taken the “teeth” out of the mandate. Davis responded that that was a good question.
• Police Chief Virgil Sandlin and Attorney Fugate responded to Dale. Sandlin said he has checked with the county and if he issued a citation, the state attorney would prosecute. Fugate said enforcement could be done locally: for example, issuing a warning for the first offence, a fine for a second offence, and a higher fine for the third offence, and eventually going to court.
• Dale also questioned if the commission was prepared to deal with the “exceptions” that would surely arise. Again, Davis responded that that was a good question.
• Mendy Allen, representing Chamber of Commerce President Caryn Stephenson, reported the chamber’s recent survey results. Choices were three. The first, “Close the bridge,” was already not an issue and the number of respondents was not reported by Allen. The second choice, “Leave the bridge open,” received 28 affirmative responses. The third, “Leave the bridge open but require masks,” received 25 affirmative responses.
• Tidewater Tours Tom Pearson, after citing his credentials and his wife’s credentials, warned the commission that they could not require masks.
• Gina Stefani agreed with Pearson to not require masks.
• Shelby opined that “We’re better when we are held accountable.” She suggested businesses put up signs stating that they are following CDC guidelines or not. Such a system would allow patrons the full knowledge they need to care for themselves. She noted, “Masks matter; people are dying.”
• Cedar Key School Principal reported that Levy Schools’ language is that “teachers, students, and staff may wear masks.”
• George Oakley opined that “no one wears masks.”
• Mike Hodges reminded all that the virus “affects the elderly, sick,” and those with compromised immune systems.
• Dottie Haldeman reported seeing older people often and wondered, “How can it hurt to wear a mask?”
• Gina Stefani suggested the older people could come to the Community Center to be together.
• Lynn Deeon suggested that older people should “stay away” because “Life has risks.”
• Michael Hancock, who works at the Jiffy store, used the forum to report that Cedar Key is attracting “unruly, drunk” individuals that frequent the store late in the evenings. Masks on people make identification difficult.
Members of the audience spoke.
• Colin Dale asked commissioners if they do not require masks, have they taken the “teeth” out of the mandate. Davis responded that that was a good question.
• Police Chief Virgil Sandlin and Attorney Fugate responded to Dale. Sandlin said he has checked with the county and if he issued a citation, the state attorney would prosecute. Fugate said enforcement could be done locally: for example, issuing a warning for the first offence, a fine for a second offence, and a higher fine for the third offence, and eventually going to court.
• Dale also questioned if the commission was prepared to deal with the “exceptions” that would surely arise. Again, Davis responded that that was a good question.
• Mendy Allen, representing Chamber of Commerce President Caryn Stephenson, reported the chamber’s recent survey results. Choices were three. The first, “Close the bridge,” was already not an issue and the number of respondents was not reported by Allen. The second choice, “Leave the bridge open,” received 28 affirmative responses. The third, “Leave the bridge open but require masks,” received 25 affirmative responses.
• Tidewater Tours Tom Pearson, after citing his credentials and his wife’s credentials, warned the commission that they could not require masks.
• Gina Stefani agreed with Pearson to not require masks.
• Shelby opined that “We’re better when we are held accountable.” She suggested businesses put up signs stating that they are following CDC guidelines or not. Such a system would allow patrons the full knowledge they need to care for themselves. She noted, “Masks matter; people are dying.”
• Cedar Key School Principal reported that Levy Schools’ language is that “teachers, students, and staff may wear masks.”
• George Oakley opined that “no one wears masks.”
• Mike Hodges reminded all that the virus “affects the elderly, sick,” and those with compromised immune systems.
• Dottie Haldeman reported seeing older people often and wondered, “How can it hurt to wear a mask?”
• Gina Stefani suggested the older people could come to the Community Center to be together.
• Lynn Deeon suggested that older people should “stay away” because “Life has risks.”
• Michael Hancock, who works at the Jiffy store, used the forum to report that Cedar Key is attracting “unruly, drunk” individuals that frequent the store late in the evenings. Masks on people make identification difficult.
COMMISSIONERS’ OPINIONS
Susan Rosenthal asked the commission for a recommendation to require social distancing and the wearing of masks. She furthered that should things change, the commission would certainly address it.
Susan Rosenthal asked the commission for a recommendation to require social distancing and the wearing of masks. She furthered that should things change, the commission would certainly address it.
Jim Wortham stated that the science exists that wearing of masks does help to avoid COVID-19 transmission. He further stated that he does not think it is the commission’s job to tell residents how to behave. He noted that the city is attracting people who do not respect local rules. He added that the city does have rules and the city needs to enforce them.
Nancy Sera said that if the commission makes a decision tonight, then it should be a recommendation, and it should ask the businesses to enforce it.
Sue Colson said that currently Cedar Key “is following the CDC and the governor’s recommendations” (social distancing and wearing of mask). She would “like to see the businesses pick up on that and enforce it.” Businesses should try to encourage wearing of masks.
NO ACTION
The meeting was adjourned with no new decision and no new policy articulated by the commission.
The meeting was adjourned with no new decision and no new policy articulated by the commission.
MEETING ADJOURNED
The meeting was adjourned at 6:05 pm.
The meeting was adjourned at 6:05 pm.
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