Feb 03, 2022 Planning, Zoning, and Appeals Board

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UM TAKE THIS COUPLE HAPPY NEW YEAR TO EVERYBODY. RECOGNIZE OUR PZN. NUMBERS MISS DEBORAH, OUR

[CALL TO ORDER]

OKAY THANK YOU ALL FOR ACCEPTING THE CHALLENGE TO BE A PART OF THE BOARD. AND LIKE YOU SAID, MS BANKS TO MAKE THINGS HAPPEN. WE'RE SO GRATEFUL TO HAVE THE BOTH OF YOU. THANK YOU. WELCOME.

OKAY NOW. WE ARE OH, I THOUGHT YOU SAID. OKAY UM, WE'RE GONNA DO OUR ROLL CALL. YES, MA'AM.

MEMBER DEBRA BANKS, ARE YOU HERE? HERE, OKAY? MEMBER WHERE NEITHER PRESSLER HERE. MEMBER DANIELS HIKE HERE. MEMBER MILTON WILLIAMS. BOTH CHAIR CRYSTAL MILEY. AND CHAIR OF EARNESTINE DEPARTMENT PRESIDENT, OKAY? ALL RIGHT. WE'LL HAVE OUR, UM INVOCATION BY UM BOARD MEMBER WILLIAMS. PERMISSIBLE? YES. FATHER GOD IN HEAVEN, WE COME. CLOSE UP ANOTHER DAY AND THANK YOU FOR HAVING A FATHER FOR ALLOWING US TO BE IN THIS DAY. CONTINUE TO WATERS AND STAND BOSS AND NEEDLESS FROM ONE SPIRITED DEGREE OF GREAT. LESS IS WE WERE ABOUT TO APPROACH MIGHTY NAME WITH JESUS PRAYED. WORDS OF MY MOUTH AND THE MEDITATION BY HEART. BE ACCEPTABLE IN YOUR SIGHT. HOW STRANGE READY. THE MIGHTY NAME OF JESUS. WE PRAY WE HAVE OUR PLEDGE OF ALLEGIANCE. YOU HAVE EXPERIENCE IN AMERICA. PUBLIC SPENDING. THERE ARE AVAILABLE.

OKAY AT THIS TIME, WE WILL HAVE APPROVAL OF AGENDA. YEP OKAY. IF I CAN HAVE EMOTION. FOR THE

[APPROVAL OF AGENDA ]

[APPROVAL OF MINUTES]

CORRECT. ANY OF THE MOTION. I'LL MAKE THE MOTION TO TABLE THE MINUTES I WILL SECOND OKAY? UM

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[3.  

2021 Annual Planning, Zoning, and Appeals Board Report

ATTENDING AT LEAST TWO OTHER PLANNING, BOARD MEETINGS AND OTHER JURISDICTIONS AND WHETHER WE DO THAT, IN PERSON OR VIRTUALLY WILL MAKE SURE THAT YOU GUYS. ARE ABLE TO CROSS THAT OFF YOUR LIST AND I WILL ATTEND THOSE MEETINGS ALONG WITH YOU. AND THIS IS JUST FOR YOU TO GET AN IDEA OF HOW OTHERS ARE RUNNING THEIR MEETINGS, THE ISSUES THAT THEY'RE LOOKING AT AND HOW, UM THE MOTIONS ARE MADE . HOW THE MEETING IS RUN, SO IT'S JUST GOOD EXPERIENCE. TO EXPERIENCE. THE THIS TYPE OF MEETING OUTSIDE OF YOUR OWN. FORWARD THAT YOU SIT ON FOR THE VILLAGE. AND THEN WE WANT TO STAFF ORGANIZED AND YOU WILL ATTEND A STRATEGIC PLANNING SESSION AND THAT STRATEGIC PLANNING SESSION. WE'LL TALK ABOUT SOME OF THE ITEMS ISSUES CONCERNS ACCOLADES THAT YOU LIKE TO PASS ON TO STAFF AND MAYBE ADD TO YOUR SLATE OF GOALS FOR

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SECONDED. OKAY? SO THAT'S I'M SORRY. THAT'S THAT. THAT MOTION INCLUDE APPROVAL OF THE 2021 REPORT. NO IT DIDN'T KNOW THIS SO THAT ONE IS DEAD. VICE CHAIR. CAN YOU MAKE ANOTHER MOTION TO INCLUDE THAT? SO AM I. AMENDING THE MOTION TO INCLUDE THE 2021 REPORT. TO APPROVE AND AUTHORIZED THE CHAIR. TO FORWARD THE MEMO AND REPORT TO THE COUNCIL SECONDED. WE'LL SEE NEED TO MAKE IT SO I WOULD LIKE TO MAKE A MOTION TO APPROVE THE 2021 REPORT. AS WELL AS, UM. THE CALENDAR FOR THE P C, A. B 2022. SECOND REPORTED TO THE COUNCIL. A SECOND, HER AMENDED MOTION.

OKAY IN THE PROFILE. UM, EXCUSE ME. MM HMM. REMEMBER BANKS? YES. REMEMBER PRESSLER? YES. NUMBER SIDE. YES. REMEMBER, WILL YOU? YES. QUESTIONNAIRE. MILEY YES. UM, SHARE. PALMER. YES. SO NEXT

[4.  

Review and Discussion of Proposed PZA Board Rules and Procedures

THIS HAS BEEN SOMETHING THAT'S BEEN PRESENTED TO YOU BACK IN DECEMBER. WE WORKED TO DISCUSS IT. LAST MONTH MEETING WAS CANCELED, AND BETWEEN THE TIME YOU FIRST SAW THIS AND WHEN YOU RECEIVED YOUR PACKAGE FOR TONIGHT, THE VILLAGE ATTORNEY DID MAKE SOME CHANGES AS WELL AS THE VILLAGE, CLARK. SO IT IS MY EXPECTATION THAT THIS IS THE VERSION WE ARE DISCUSSING TONIGHT AND HE PREVIOUS VERSIONS. THAT YOU MAY HAVE HAD , UM OR HAVE BEEN AMENDED. SO WHAT YOU RECEIVED FOR TONIGHT'S AGENDA IS WHAT WE ARE DISCUSSING. THERE IS NO NEED FOR YOU TO MAKE A FINAL ACTION TONIGHT. ALTHOUGH WE WOULD LIKE TO HAVE RULES AND PROCEDURES FOR THIS BOARD AS SOON AS POSSIBLE. IN ADDITION TO THAT, AS PART OF THESE RULES AND PROCEDURES WHAT'S THE DRESSED IN? THERE IS THE NUMBER OF MEMBERS ON THIS BOARD AND THE AMOUNT. OF MEMBERS NEEDED TO ASCERTAIN A QUORUM. AND. WHAT I WOULD SAY TO THAT IS ON LAST MONTH'S AGENDA, WHICH WAS CANCELED THAT MEETING THERE WAS A CODE AMENDMENT FOR YOUR CONSIDERATION THAT SPOKE TO THE MAKEUP OF THIS BOARD. THE NUMBER OF BOARD MEMBERS REQUIRED. IN THE CORNER, UM, REQUIRED FOR THIS BOARD THAT WILL COME TO YOU NEXT MONTH. RICHES EXCUSE ME. ONE OF THE REASONS WHY WE PROBABLY SHOULDN'T TAKE FINAL ACTION ON THIS TONIGHT. WE JUST WANT TO HEAR YOUR COMMENTS BECAUSE NEXT MONTH YOU'LL HAVE THAT PROPOSED AMENDMENT TO THE AGENDA. BECAUSE THERE HAS BEEN SOME THOUGHT ABOUT CHANGING THE NUMBER OF BOARD MEMBERS FROM 7 TO 5, IF THAT IS A RECOMMENDATION THAT COMES FROM THIS BOARD TO THE VILLAGE COUNCIL NEXT MONTH, EITHER TO LEAVE IT AT SEVEN OR REDUCE IT TO SOME OTHER NUMBER OR EVEN INCREASE IT. I DON'T KNOW. BUT THAT'S WHAT NEXT MONTH. SO WHATEVER IS CONTEMPLATED IN HERE WITH REGARD TO THIS SIZE OF THIS BOARD, AND WHAT ESTABLISHES A QUORUM WE CAN DISCUSS, BUT THE DISCUSSION WOULD BE MORE FRUITFUL AROUND THOSE ITEMS IN OUR NEXT MEETING WHEN YOU ACTUALLY HAVE TAKEN ACTION ON THE ORDINANCE RECOMMENDATIONS WITH REGARD TO THAT BECAUSE THIS WILL BE THE LAST ITEM ON YOUR AGENDA NEXT MONTH. SO WITH THAT WE DO WE DO HAVE A PRESENTATION. OUTWAIT YOU WANT TO MAKE YOUR PRESENTATION FIRST? YES. JEFFERSON, REMEMBER, WE DO HAVE SOME PUBLIC COMMENT STUFF. YES AFTER THE PRESENTATION, MADAM CHAIR. WE DO HAVE A FEW PUBLIC COMMENTS THAT WILL BE TAKEN IN.

AFTER THE BOARD HAS HAD A DISCUSSION. AFTER BOARDS. QUESTIONS WILL TAKE THE PUBLIC.

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SO WITH THAT NEXT SLIDE, THIS IS JUST AN OVERVIEW OF. AGAIN YOU'VE PROBABLY SEEN THIS SLIDE 1000 TIMES IN TERMS OF HOW YOU FUNCTION. AND WHAT RULES YOU FOLLOW. THERE ARE STATE LAWS.

THERE'S CASE LAWS, BOTH FEDERAL AND STATE. THAT HAVE. DICTATED HOW WE LOOK AT ZONING AND PLANNING, AND THEN WE HAVE OUR LOCAL ZONING ORDINANCE OR LAND DEVELOPMENT CODE. RIGHT THOSE ARE ALL THE THINGS YOU GUYS CONSIDER AS YOU MAKE YOUR DECISIONS DECISIONS. AND BY AND LARGE, THIS BOARD FUNCTIONS LIKE A COURT. WHERE YOU RECEIVE EVIDENCE BASED ON EXPERT, UM WITNESSING, OR, UM. PREPARATION OF FORMAL DOCUMENTS AND STAFF PROVIDES ALL OF THIS TO YOU AND THE STAFF REPORT. THAT OUTLINES EVERYTHING THAT IS REQUIRED PURSUANT TO OUR CODE FOR EACH APPLICATION TYPE, AND JUST TO REMIND YOU THAT WOULD BE CHAPTERS 11 AND 12. FOR PROCESS AND WHAT'S REQUIRED NEXT SLIDE. SO FOR YOUR RULES AND PROCEDURES , STAFF IS REALLY RECOMMENDING THAT YOU HAVE SET RULES AND PROCEDURES IN PLACE SO THAT YOUR MEETINGS MAY RUN MORE SMOOTHLY AND EFFICIENTLY. THAT WE DON'T GET OFF ON A TANGENT OFF OFF TOPIC OR DWELL TOO LONG AND ITEMS THAT REALLY AREN'T UNDER YOUR CONSIDERATION. NEXT SLIDE. ARTICLE ONE OUTLINES YOUR AUTHORITY AND THE POWERS OF THE BOARD NEXT SLIDE, AND THAT IS PRIMARILY TAKEN AGAIN FROM IRELAND DEVELOPMENT REGULATIONS. CHAPTER 11 SECTION 11-5. MANY OF THE TYPES OF APPLICATIONS YOU TAKE ACTION ON OR LISTED ON THIS SLIDE, AND YOU'VE SEEN MOST OF THESE TYPES NEXT SLIDE. DECISION MAKING. YOU ALL HAVE THE FINAL AUTHORITY ON CERTAIN TYPES OF APPLICATIONS, AND THOSE INCLUDE VARIANCES, BEST RIGHTS AND APPEALS NEXT SLIDE. ARTICLE THREE OF THE PROPOSED RULES AND PROCEDURES, UM, STATE, THE ORGANIZATION AND STRUCTURE OF THIS BOARD. AND AGAIN THAT'S DICTATED BY WHAT IS IN OUR LAND DEVELOPMENT CODE. NEXT SLIDE. ARTICLE THREE AGAIN, REITERATING THE DUTIES, WHICH ARE ALSO IN CHAPTER 11 AND IMPLICATED IN CHAPTER 12 AND ARE APPLICATION PROCESS. NEXT SLIDE. ARTICLE FIVE YOUR MEETINGS, ESTABLISHMENT OF FORUMS HOW YOUR AGENDAS ARE APPROVED, UM, ANY PLANNING SESSIONS THAT WE DO LIKE OUR STRATEGIC PLANNING SESSIONS THAT WILL ORGANIZED FOR YOU? PUBLIC MEETINGS VERSUS SPECIAL MEETINGS, SO THIS IS AN ACTUAL REGULAR MEETING. UM OF THIS BOARD TONIGHT. PUBLIC MEETINGS ARE PART OF YOUR REGULAR MEETINGS WHERE WE HAVE ISSUES THAT THE PUBLIC CAN COMMENT ON. AND THEN SPECIAL MEETINGS AND PLANNING SESSIONS. THE PLANNING SESSIONS GENERALLY ARE STRATEGIC PLANNING DISCUSSIONS, WHICH ARE LIKE A BUSINESS MEETING FOR YOU AND SPECIAL MEETINGS WOULD BE WHERE SAY PERHAPS WE DIDN'T HAVE ANYTHING SCHEDULED FOR TONIGHT, BUT WE COULD FIT AN ITEM OR TWO IN IN TWO WEEKS, THEN A SPECIAL MEETING. UM UPON YOUR APPROVAL WOULD BE SCHEDULED ON A DAY.

THAT'S NOT YOUR REGULAR MEETING DATE. NEXT SLIDE. ARTICLE FIVE LOOKS AT OFFICIAL RECORDS, RECORDING OF VOTES, HOW WE RETAIN FILES AND WHAT'S PUBLIC RECORDS? NEXT SLIDE. AND ARTICLE SIX GOES INTO. HOW TO MAKE MOTIONS. YOU KNOW, SCHEDULING AND INSTRUCTIONS, YOU KNOW? CAN SUBMISSION OF SUPPORTING INFORMATION NEXT SLIDE. AND THEN THE ORDER OF BUSINESS AGAIN MOTIONS AND DISQUALIFICATIONS FROM VOTING. AS YOU RECALL, THE VILLAGE ATTORNEY GOT A LITTLE BIT INTO THIS AND OUR DECEMBER MEETING, BUT WHAT'S BEING PROPOSED IN YOUR RULES AND PROCEDURES. ARE HOW YOU WILL RUN YOUR MEETINGS. NOT NECESSARILY HAVE THE MEETINGS ARE RUNNING OTHER PLACES. BUT THIS IS YOUR RULES AND PROCEDURES SO YOU'RE ABLE TO QUALIFY THESE THINGS IN

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AS A MEMBER OF THE BOARD, AND THAT'S SOMETHING THAT WE CERTAINLY WILL UNDERTAKE WITH REGARD TO MAKING A RECOMMENDATION TO THE COUNCIL. REMEMBER ON THE AGENDA RIGHT NOW IS. JUST LOOKING AT THE RULES AND PROCEDURES SO I FEEL LIKE HERE YOU ON THIS PARTICULAR ROLE AND PROCEDURE FOR WE'RE DEALING WITH THREE LINES LINE 69, 70 AND 71. AND YOUR BUSINESS OR YOUR RESIDENCY HAS TO BE WITHIN THE VILLAGE FOR A MINIMUM OF ONE YEAR. I'D LIKE TO RECEIVE. OKAY

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THEN I REQUESTED WE PUT ON A SUBSEQUENT AGENDA. OKAY GO AHEAD . DO HAVE A SECOND. WAIT A MINUTE, MR. PRESIDENT THAT MR DANIEL, HE BEEN WAITING GO AHEAD . THANK YOU, UM, QUESTION FOR JUST THE STAFF AND THE VILLAGE OF THE VILLAGE ATTORNEY. MAY I RESPOND TO MR BENITO WOULD YOU WOULD PREFER ME IN FOR THE SUBSEQUENT MEETING TO RESPOND TO IT? OKAY HIRED. I DON'T THINK YOU NEED TO RESPOND. MEMBER PRESLEY. SHE STATED WHAT SHE FELT THE RECOMMENDATION. OUR ATTORNEY HAVE TOLD HOW THAT NEEDS TO BE HANDLED. OKAY. OKAY SUBSEQUENT AGENDA AND, UM SHE'S MADE THAT REQUEST. OKAY CERTAINLY DO THAT. OKAY, SO WE'RE DONE WITH THAT. MET OUR MEMBER PRESLEY IS ANYTHING OUTSIDE OF WHAT? YOU JUST TALKED ABOUT ANYTHING ELSE THAT YOU WANTED TO ADDRESS? YES I DO. SHOULD THIS BE VOTED ON? YOU KNOW THE RECOMMENDATION TO BE SENT OR YOU'RE JUST ALL OF IT MOVED TO THE NEXT AGENDA. MEMBER PRISONER. WE WE'VE GOT. WE'RE HE . WE'VE ALREADY HEARD THE RECOMMENDATION. HE'S ALREADY SAID WHAT NEEDS TO HAPPEN? UM I'M CLARIFYING. OKAY OKAY. WE'RE GONNA TAKE MY RECOMMENDATION. MY RECOMMENDATION IS THAT IT? FOR THE PCB TO TAKE ANY ACTION ON ON THE DIRECTION THAT REMEMBER PRESIDENT WAS GOING ON THAT IT OUGHT TO BE AGENDA ON THE SUBSEQUENT AGENDA, AND AT THAT TIME THE PCB COULD COULD TAKE ANY ACTION ITSELF IT AND THAT WOULD INCLUDE VOTING OR ANYTHING ELSE IS THAT CORRECT? YEAH VOTE VOTING WITH REGARD TO THE SUBSTANCE OF IT WOULD BE AT THAT TIME. UM, CORRECT. SO IT'S NOW ON THE AGENDA. IT WILL BE PLACED ON NEXT MONTH'S AGENDA. OKAY AND AT THAT TIME THERE WILL BE VOTING TAKING PLACE. YOU DON'T NEED A VOTE. TO PUT IT ON THE AGENDA MADE THE REQUEST AND WE'LL DO THAT. THE SECOND ITEM IS I'D LIKE TO PROPOSE ALSO THAT A CHANGE BEING MADE A

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ALRIGHT MADAM CHERIFI COULD YES. GO AHEAD UNDERSTANDING TO MEMBER PRESSLER'S. REQUESTS TO STAFF THAT ON THE NEXT AGENDA WE DO BRING JUST THAT PORTION OF THE LAND DEVELOPMENT CODE WITH REGARD TO MEMBERSHIP TO DISCUSS AS A WHOLE. BE IT FROM THE NUMBER OF MEMBERS TO HOW ONE QUALIFIES MINIMUM QUALIFICATIONS AND THE MAKEUP OF THE BOARD. RIGHT? AND WE CAN BRING THAT ALL IS ONE ITEM FOR FULL DISCUSSION. THAT SECTION OF THE CODE. RIGHT WE'VE BEEN UNDER THOSE RULES FOR A YEAR SINCE WE STARTED. IT'S NOT A NEW THING. THIS IS EXISTING RULES. OKAY SO BUT IT'S NOT. IT'S ON THE AGENDA SAID TO BE TAKEN CARE. ALRIGHT, MEMBER SUHAILA, PLEASE. YEAH I'M JUST ARE WE? I MEAN, IF SOMEBODY SUGGESTS THAT SOMEBODY PUTS ON THE ITEM ON AN AGENDA FOR THE NEXT MEETING DO WE ALL HAVE THE OPPORTUNITY TO DISCUSS DISCUSS THAT SO YOU CAN'T DISCUSS IT. I MEAN TO DISCUSS IT AT THAT TIME . YES THAT WAS THE ANSWER OF THE VILLAGE OF TONY GAVE. OKAY THANK YOU. MEMBER PRESSER. THANK YOU FOR CALLING. YOU GUYS NEEDED TO APPROVE HER TO PUT THAT TO REQUEST IT ON THE AGENDA. HIS ANSWER WAS NO. OKAY. ALL RIGHT, UM STAFF MEMBER JEFFERSON WHATEVER. WHILE WE'RE STILL WAITING FOR COMMENTS, CHANGES OR PROPOSED CHANGES TO THE RULES AND PROCEDURES. THAT ARE BEING PROPOSED. THEN WE HAD IN THE IMPORT MEMBERS HAVE ANY COMMENT.

DON'T HAVE ANOTHER ONE. DO YOU HAVE YOUR REPORT IS THAT FORGET . OH THAT'S OKAY. WE KNOW WHO YOU ARE. OKAY WE DO HAVE ONE HERE. OKAY I JUST WANT TO RECOMMEND THAT WE THAT AND I HOPE THAT THE BOARD IS ABLE TO STAY AT SEVEN RATHER THAN BE REDUCED TO FIVE. BECAUSE OF THE MINIMUM. YOU KNOW, IF YOU HAVE FIVE, THEN ONLY THREE WILL CONSTITUTE A QUORUM AND TO PASS SOMETHING, SO THAT'S JUST TOO SMALL AND I FEEL THAT IT WOULD WEAKEN THE BOARD. I THINK WE NEED TO KEEP THE BOARD STRONG. AND EVEN IF WE MAY SAY YOU KNOW THAT IT'S HARD TO FIND SEVEN PEOPLE WHO ARE HERE. WITHIN THE BOUNDARIES. AND YOU KNOW, I THINK WE SHOULD MEET THAT CHALLENGE RATHER THAN REDUCE IT TO FIVE. OKAY, SO KNOW THAT THAT WE HAVE ANY PUBLIC COMMENTS.

YES. SURE I HAVE TWO FROM MARJORIE BEARING THE FIRST ONE. SAYS THAT I'M IN FAVOR OF KEEPING THE PCB MEMBERSHIP AT SEVEN MEMBERS TO REDUCE THE NUMBER OF MEMBERS TO FIVE WOULD MAKING HARM ONLY THREE MEMBERS IF ONLY THREE MEMBERS OF PRESIDENT THE MAJORITY OF ONLY TWO WOULD BE ABLE TO MAKE CRITICAL DECISIONS. THIS WILL NOT PROVIDE GOOD REPRESENTATION.

OF AND FOR VILLAGE RESIDENTS. SECOND COMMENT. IS. UM REFERENCING L D R 11-5 CLEARLY STATES REQUIREMENTS FOR MEMBERSHIP. ONE OF THE PRESIDENT BORN MEMBERS DOES NOT MEET THOSE REQUIREMENTS I E IS NEITHER RESIDENT NOR HAS OWNED THE BUSINESS IN THE VILLAGE FOR AT LEAST ONE YEAR. NONE OF THE VILLAGE STAFF NOR OTHER PCB MEMBERS NOTICED THIS ISSUE UNTIL WE NEED TO PRESS THE BROUGHT IT. TO THE ATTENTION OF THE PCB BOARD DIRECTOR JEFFERSON AND ATTORNEY VOTES IT WAS CLEARLY AN OVERSIGHT AND NOT INTENTIONAL. I BELIEVE THAT NOW ALL HAVE BEEN SURPRISING THE SITUATION. IT IS IN THE BEST INTERESTS OF THE VILLAGE THAT THIS MEMBER RESIGNED. I HAVE NO PROBLEM WITH A DEVELOPER BEING A MEMBER OF THE BOARD. I LOVE TO WORK WITH THIS MEMBER AND HIS PARTNERS HAVE DONE AND CONTINUE TO DO IN OUR VILLAGE. I HAVE NO ISSUE

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WORDS MUST BE VETTED BY VILLAGE STAFF MARJORIE BARRY. AND THAT'S IT HERE. OKAY, THANK YOU. YES, SIR. YES I'M JUST GONNA ASK STAFF ONE MORE TIME. YOU KNOW, I'VE MR ANITA SPOKE AND THEN YOU HAD PUBLIC COMMENT. WOULD YOU LIKE TO HEAR ANYTHING FOR ME? OR WOULD YOU LIKE ME TO SPEAK AT THE NEXT MEETING REGARDING THIS ITEM? CAUSE AT THE MOMENT YOU HAVE TWO PEOPLE STATING SOMETHING THAT'S KIND OF CONCLUSORY, AND I THINK THAT EVERYBODY HAS A RIGHT TO AT LEAST HEAR WHAT I HAVE TO SAY. AND IF YOU'D LIKE ME TO DO THAT, AT THE NEXT MEETING, I'M HAPPY TO WAIT. BUT I JUST WANT TO GO ON RECORD THAT UM, YOU HAVE PEOPLE KIND OF CONCLUDING SOMETHING WITHOUT EVEN KNOWING WHAT I HAVE TO SAY. SO I'M HAPPY TO DO IT AT THE WITH THE VILLAGE WOULD PREFER HAPPY TO WAIT TILL NEXT MEETING. IF YOU HAVE COMMENTS ON THIS SECTION, WE'VE ALREADY DETERMINED THAT WE WILL BE DISCUSSING. EVERYTHING REGARDING MEMBERSHIP. UM NO CONCLUSIONS HAVE BEEN MADE BY STAFF SAY THAT WE WELCOME THE COMMENTARY. I JUST DON'T THINK AT THIS POINT IT WOULD BE FRUITFUL TO CONTINUE. TO DISCUSS IT NOW THAT WE'VE ESTABLISHED BROUGHT FORTH SPECIFICALLY FOR THIS BOARD TO DISCUSS, UM I WOULD LIKE TO GET A LITTLE DEEPER INTO ANY OTHER COMMENTS ON THE RULES AND PROCEDURES IF THERE ARE ANY. HOME. ONE. HI. GO AHEAD AND THEN I'LL. OKAY. MEMBER BANKS. OKAY, UM. THESE RULES THAT WERE WRITTEN AND ESTABLISHED. WERE THEY CREATED SPECIFICALLY IN OUR COMMUNITY OR WHERE THEY TAKING FROM A STATE? SOMETHING FROM THE SITE. YOU SEE WHAT I'M SAYING? BECAUSE I THINK THEY'RE REALLY CLEAR. AND I'M NOT SURE. DO WE JUST NORMALLY ALTER THINGS OR CHANGE THEM? AMEND THEM. I GUESS IT'S WHAT I'M SAYING. THIS BOARD CURRENTLY DOESN'T HAVE ANY RULES AND PROCEDURES AND IT MAKES FOR QUITE FRANKLY, A LITTLE CHAOS AND UNPREDICTABILITY WHEN YOU HAVE RULES AND PROCEDURES IN PLACE. IT ALLOWS EVERYONE TO KNOW WHAT HOW THINGS SHOULD PROCEED. HOW THINGS ARE HANDLED . THAT VILLAGE COUNCIL HAS THEIR OWN RULES AND PROCEDURES. CORRECT YOU COULD HAVE BY REFERENCE JUST ADOPTED THE RULES AND PROCEDURES THEY HAVE. BUT IN SOME CASES, IT WOULDN'T BE APPLICABLE BECAUSE AS THIS BOARD MAKES RECOMMENDATIONS TO THE COUNCIL, AND YOU'RE NOT FINAL AUTHORITY ON EVERYTHING, THERE WOULD BE SOME NUANCES. THE WHAT'S BEEN. PROVIDED TO YOU. A LOT IS TAKEN FROM OUR LAND DEVELOPMENT CODE. RIGHT SO THAT'S WHY WE'RE THERE ARE COMMENTS ABOUT MEMBERSHIP AND MAKEUP, CORAM OTHER THINGS. WE NEED TO CONTEMPLATE AN AMENDMENT TO THE CODE IN ORDER TO ESTABLISH IT AS A RULE OF PROCEDURE. OKAY DO YOU SEE WHAT I'M SAYING? YEAH I WAS CHASING IT ON WHAT YOU KNOW THEY'VE RULED SOME FIRST TEACHERS. THAT YOU HAD GIVEN ME AND IT'S DATED DECEMBER 2ND. THAT'S THE MOST UPDATED COPIES THAT CAME FROM THE DECEMBER MEETING. THE MOST UPDATED COPY OF THE RULES AND PROCEDURES YES, PROVIDED IN THE BACKUP. SPORT THIS MEETING TONIGHT, AND THAT WOULD NOT HAVE HAD A DATE OF DECEMBER 2ND, OKAY? OKAY? THANK YOU. YOU'RE WELCOME. VILLAGE ATTORNEY. THANK YOU. THANK YOU. CHAIR THANK YOU.

[5.  

Ethics and Florida Sunshine Presentation by Village Attorney Vose.

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TERRIFIED WILL LEAVE THE REST OF THE DOCUMENT AS IT IS DATED FEBRUARY 3RD. SO YOU SHOULDN'T SEE ANY ADDITIONAL CHANGES OTHER THAN TWO SECTIONS REGARDING MEMBERSHIP MAKEUP, CORNUM ANYTHING WITH THE MAKEUP OF THIS BODY? THIS BOARD. UM QUESTION. JUST A POINT OF CLARITY. SORRY.

YES MA'AM. I JUST WANT TO CLARIFY THIS CONFLICT OF INTEREST THAT, UM, ARE THE ATTORNEY SAID THAT HE ADDED SOME LANGUAGE IN FOR FOUR CONFLICT. UM, SO WILL THAT BE? VISITED OR EXPLAINED OR REVIEWED ITS IN THE IF YOU HAVE THE COPY FOR TONIGHT'S MEETING, IT'S ALREADY HE'S ALREADY MADE SUCH CHANGES. OKAY? THE MATTER I WAS JUST ADDRESSING IS IF YOU'RE LOOKING AT THE VERSION THAT WAS WITH THE FEBRUARY AGENDA, IT'S AT LINES 3 49 THROUGH 3 53. OKAY, THANK YOU. THANK YOU. CERTAIN. SO IT'S NOW THE DIRECTOR HAS NO OTHER COMMENTS ON THIS. IF THE BOARD DOES NOT, SO WE'LL TAKE WHAT WE'VE HEARD TONIGHT AND MOVE TOWARD A FINAL. UM PROPOSED DOCUMENT, EXCEPT FOR THAT SECTION ON MEMBERSHIP FOR THE NEXT MEETING, AND WE'LL BRING FORTH THE ITEMS ON THE AGENDA THAT WERE REQUESTED. FOR THAT SPECIFICALLY IN THE CODE. BUT THAT IT ENDS MY PORTION OF THE REPORT TONIGHT AND I'LL TURN IT OVER TO VILLAGE ATTORNEY. THANK YOU, ALETHEA. DARREN CAN YOU ALLOW ME TO SHARE MY SCREEN? YES. ONE MINUTE. THANKS. YOU SHOULD BE GOOD DEAL. ALL RIGHT. GIVE ME JUST ONE MINUTE, EVERYONE. I GOTTA USE SOME.

FANCY STUFF HERE WITH ZOOM IF THIS WORKS OUT, OKAY? ALL RIGHT. ARE YOU ABLE TO? UH SEE THE POWER POINT. YES ARE YOU ABLE TO SEE ME? YES, YES, YES. ALL RIGHT . THERE'S A FANCY THING THAT ZOOM HAS BUILT IN SO I FIGURED I'D TRY IT OUT. ALRIGHT BOARD MEMBERS. GOOD EVENING. WE ARE GOING TO BE TALKING A LITTLE BIT TONIGHT, PARTICULARLY SINCE YOU HAVE SOME NEW BOARD MEMBERS, AND

[00:50:01]

OKAY AND AGAIN, EVERYONE'S HEARD THIS ONCE. BUT REMEMBER COUNTY COMMISSIONERS, CITY COUNCIL MEMBERS, VILLAGE COUNCIL MEMBERS HAVE TO TAKE THIS COURSE EVERY YEAR, SO IT DOESN'T HURT FOR YOU ALL HAVE HEARD SOME OF THIS FROM ME ONCE TO HEAR SOME OF IT AGAIN. SO FIRST OFF THE SUNSHINE LAW. UM BASICALLY WHAT IT IS, IS IT ACTUALLY COMES OUT OF THE FLORIDA CONSTITUTION AND IS ENSHRINED IN CHAPTER 2 86 IN THE FLORIDA STATUTES BASICALLY GIVES A RIGHT OF ACCESS TO CERTAIN GOVERNMENTAL PROCEEDINGS. IT'S IMPORTANT TO KNOW IS THAT APPLIES BOTH TO ELECTED AND APPOINTED BOARDS. AS YOU ALL KNOW YOU ARE AN APPOINTED BOARD . IT APPLIES THE SUNSHINE LAW APPLIES TO YOU ALL JUST AS MUCH AS IT APPLIES TO THE VILLAGE COUNCIL WITH THE EXACT SAME PUNISHMENTS BY THE WAY FOR AH FOR INDIVIDUALS IF THEY VIOLATED , SO WE WANT TO TRY TO STAY ON THE RIGHT SIDE OF ALL THAT. THE GENERAL RULE OF THE SUNSHINE LAW IS ALL MEETINGS THAT WISH OFFICIAL ACTS OR TAKEN OR PUBLIC BUSINESS IS TRANSACTED OR DISCUSSED HAVE TO BE OPEN AND NOTICE TO THE PUBLIC. ALL RIGHT NOW, WHAT DOES THAT MEAN? THE SUNSHINE LAW APPLIES TO ANY MEETING. WE'RE GOING TO BREAK IT DOWN TO THE ELEMENTS HERE BETWEEN TWO OR MORE MEMBERS OF THE SAME BOARD. I GET THIS QUESTION ALL THE TIME. HEY, I'M ON THE P. C. A B. CAN I TALK TO A VILLAGE COUNCIL MEMBER ABOUT SOMETHING TO DOESN'T THAT VIOLATE THE SUNSHINE LAW? NO DOES NOT VIOLATE THE SUNSHINE LAW. SUNSHINE LAW ONLY APPLIES TO COMMUNICATIONS THAT GO BETWEEN TWO OR MORE MEMBERS OF THE SAME BOARD. NOW. I WILL TELL YOU, PARTICULARLY WITH WHAT YOU GUYS DO. THERE ARE SOMETIMES REASONS FOR CERTAIN MATTERS QUASI JUDICIAL MATTERS WHERE YOU WOULD NOT WANT TO. BE TALKING EXTENSIVELY WITH A COUNCIL MEMBER ABOUT SOMETHING COMMON THING WITH, LIKE THIS WOULD BE A REZONING. OKAY YOU GUYS ARE GONNA HAVE REZONING IS COMING BEFORE YOU. THOSE ARE QUASI JUDICIAL AS HEALTHY A WAS REFERRING TO EARLIER. THAT'S IT'S CALLED QUASI JUDICIAL BECAUSE YOU'RE KIND OF QUASI LIKE A JUDGE. YOU'RE SUPPOSED TO BE LOOKING AT THE FACTS AND THE LAW. AND WHEN THOSE THINGS GO TO THE VILLAGE COUNCIL, SO ARE THEY. SO IN THOSE INSTANCES WE TRY TO, UM REDUCE, OR AT LEAST A VERY FOCUSED ON WHAT EX PARTE COMMUNICATIONS. OCCURRED THAT IS THE COMMUNICATIONS OR INFORMATION THAT QUASI JUDICIAL DECISION MAKERS RECEIVED OUTSIDE OF A PUBLIC MEETING. OKAY? SO ANYWAYS, UM. SO ANY THE SUNSHINE LAW APPLIES TO ANY MEETING BETWEEN TWO OR MORE MEMBERS OF THE SAME BOARD WHEN DISCUSSING MATTERS THAT MAY FORESEEABLY COME BEFORE THAT BOARD. OKAY SO WHAT DOES THAT MEAN? YOU TWO OF YOU RUN INTO, UH EACH OTHER IN THE SUPERMARKET DOWN THE STREET THERE. UM DO YOU HAVE TO RUN THE WET RUN THE OTHER WAY FROM EACH OTHER SO THAT YOU KNOW, NOBODY EVEN SEES YOU TOGETHER? NO ABSOLUTELY NOT. CAN YOU TALK ABOUT THE WEATHER? YES. CAN YOU TALK ABOUT THE FLORIDA GATORS? ABSOLUTELY. CAN YOU TALK ABOUT NATIONAL POLITICS? EVEN YEAH. UM, STATE POLITICS? YES. WHAT YOU CAN'T TALK ABOUT. IS MATTERS THAT MAY FORESEEABLY COME BEFORE THE VILLAGE PIZZA BABY, AND THOSE ARE THAT'S THOSE ARE GOING TO BE ANYTHING WITHIN THE SCOPE OF WHAT YOU COULD DO. NOT JUST PROJECTS THAT ARE COMING DOWN THE LINE AND THE NEXT MONTH OR TWO, BUT BIG PICTURE STUFF ON

[00:55:05]

YOU THINK AND SO YOU SAY, WELL, WE'VE WE DECIDED THAT MATTER. IT'S ALL DONE. UH SO IT CAN'T FORESEEABLY COME BACK BEFORE US SO WE CAN CHAT ABOUT IT NOW. I HIGHLY RECOMMEND AGAINST IT, UM , BECAUSE THERE'S NO MORE LIKELY THING THAT COULD COME BEFORE YOU AS SOMETHING THAT'S BEEN BEFORE YOU BEFORE BEFORE. IT HAS TO COME BEFORE YOU FOR SOME SORT OF CHANGE. OKAY? SO MATTERS THAT HAVE TO DO WITH PLANNING BUSINESS OF THE VILLAGE. DON'T DISCUSS IT AMONGST YOURSELVES, ALL RIGHT, AND YOU SEE THAT LIST DOWN THERE, IT SAYS MEETINGS INCLUDE MEETINGS AND WORKSHOPS.

AND BY THAT, I MEAN, ACTUAL, REAL ONES. THAT YOU YOUR HAT LIKE THE ONE YOU'RE HAVING HERE RIGHT NOW, BUT ALSO MEETINGS. BUT MEETINGS THAT ARE BAD MEETINGS THEY VIOLATE THE SUNSHINE LAW. OUR TELEPHONE CALLS TEXT MESSAGES, EMAILS ARE WRITTEN CORRESPONDENCE OR INFORMAL DISCUSSIONS BETWEEN YOURSELVES. OUTSIDE OF A NOTICE PUBLIC MEETING. ALL RIGHT. NOW IF THERE'S INFORMATION THAT ONE OF YOU FEELS IT WOULD BE APPROPRIATE THAT THE REST OF THE PCB MEMBERS HAVE OKAY IT IS PERMISSIBLE. THERE IS WHAT WE CALL A ONE WAY COMMUNICATION. IF LET'S SAY THERE WAS AN ARTICLE IN THE PCPAUL. ABOUT, UM. ALL THE BETTER WOULD BE IF IT WEREN'T WEREN'T SOMETHING ABOUT INDIAN TOWN. BUT EVEN IF IT WERE AND A MUSEUM MEMBER, UM SAID, YOU KNOW, THIS RAISES AN INTERESTING ISSUE. I THINK THE P C H B OUGHT TO KNOW ABOUT THE OR AN ARTICLE ABOUT SOMETHING COMPLETELY DIFFERENT COUNTY OR WHAT HAPPENED, AND A PCB BOARD MEMBER THOUGHT IT WOULD BE BENEFICIAL FOR THE REST OF THE BOARD MEMBERS TO HAVE IT. JUST AS AN EXAMPLE THAT COULD BE FORWARDED TO STAFF. AND STAFF COULD SHARE IT OUT TO ALL THE MEMBERS OF THE P G A DAY. OKAY BUT WHAT WE CAN'T HAVE IS GOING BACK AND FORTH EMAILS. OKAY BUT WE ALSO CAN'T HAVE. WE'RE GOING TO HOP AROUND. AND THEN I THINK WE'RE GONNA TIE UP THE SUNSHINE LAW IF ANYBODY DOESN'T HAVE ANY QUESTIONS, UH, WE ALSO CAN'T HAVE THAT SAME BACK AND FORTH.

YOU KNOW BY TELEPHONE BY EMAIL BY TEXT MESSAGES, AND THEN THE BIG, NEFARIOUS ONE THAT WE CAN SLIP INTO AND COMPLETELY FORGET ABOUT UNTIL WE'RE RIGHT IN THE MIDDLE OF IT. FACEBOOK WHAT? WHAT I WOULD STRONGLY RECOMMEND IS, UM, IF YOU SEE ANY DISCUSSIONS ABOUT INDIAN TOWN PIZZA, BABY YEAH. OR PLANNING MATTERS. I'M NOT GOING TO TELL YOU NOT TO. PARTICIPATE IN IT.

OKAY BUT LET ME TELL YOU THE PITFALLS OF IT AND TELL YOU WHEN YOU ABSOLUTELY CAN'T PARTICIPATE IN IT. IF ONE OF YOU PARTICIPATES IN A DISCUSSION ALONG THOSE LINES, OKAY? THAT'S YOU JUST SHARING YOUR OPINION. THE ISSUE BECOMES WHEN ONE MEMBER HAS SAID SOMETHING ON, SAY, A DISCUSSION CHAIN ON SOME POST AND THEN ANOTHER MEMBER POPS IN AND SAYS NO, I COMPLETELY DISAGREE. I THINK IT SHOULD BE SUCH AND SUCH NOW, WHAT HAVE WE HAD? WE'VE HAD A COMMUNICATION BACK AND FORTH BETWEEN TWO MEMBERS OF A BODY THAT SUBJECT TO THE SUNSHINE LAW , AND THAT'S WHEN WE'RE VEERING INTO TROUBLE. OKAY MY STRONG SUGGESTION IS WHEN YOU'RE SITTING ON THE PC ABOARD. STAY AWAY FROM FROM. PARTICIPATING IN VENUES LIKE THAT, WHERE YOU MAY INADVERTENTLY FIND YOURSELF IN WHAT APPEARS TO BE A DISCUSSION . OKAY BECAUSE THIS IS NOT ALL JUST ACADEMIC OR PERMIT A DISCUSSION WITH ANOTHER BOARD MEMBER. CAUSE THIS IS NOT ALL JUST ACADEMIC. UM IT'S ALL FUN AND GAMES UNTIL YOU GET THAT CALL FROM THE STATE ATTORNEY'S OFFICE FROM AN INVESTIGATOR OR FROM THE SHERIFF'S OFFICE, OR WHAT HAVE YOU AND THEY SAY THEY'RE INVESTIGATING A VIOLET, A CRIMINAL VIOLATION. THE SUNSHINE LAW AND EVEN IF YOU

[01:00:05]

IT IS A SECOND DEGREE MISDEMEANOR AGAIN, WHICH I THINK DOESN'T SOUND LIKE MUCH, BUT I ASSURE YOU, UM YOU DON'T WANT TO BE ANYWHERE NEAR ANY SORT OF CRIMINAL PENALTIES, EVEN IF IT'S UNINTENTIONAL. UM THEY CAN COME AFTER YOU FOR A NONCRIMINAL INFRACTION. AND THAT IS NOT PRETTY, EITHER. IN ADDITION, IF THERE IS A VIOLATION OF THE SUNSHINE LAW THAT, UM. IS RELATES TO AN ITEM THAT'S THAT'S COMING THROUGH DECISION MAKING WITH THE VILLAGE. IT CAN END UP THAT DECISION MAKING BY THE VILLAGE AND RISK THAT DECISION MADE BY THE VILLAGE BEING FOUND VOID WIPED OUT IF SOMEBODY DIDN'T LIKE THAT ACTION AND WENT TO COURT TO TRY TO STOP IT. SO AGAIN, WE WANT TO STAY AWAY FROM ANY OF THAT. WITH THAT THERE'S VERY BRIEF. GOING THROUGH OF PIECES OF THE SUNSHINE LAW. BUT DOES ANYBODY HAVE ANY QUESTIONS? ALL RIGHT, AND I WOULD ENCOURAGE YOU. THERE ARE SOME GREAT HANDOUTS AS WELL. IN ADDITION TO THE POWER POINT I HAD IN THERE FROM MY OFFICE. UM ON SOME OF THESE MATTERS, IF YOU'RE INTERESTED IN THAT, AND ONE FINAL THING ON THIS AND ALL THESE ITEMS IF YOU EVER HAVE ANY QUESTIONS YOU FEEL YOU DON'T KNOW WHETHER OR NOT YOU KNOW HOW THE SUNSHINE LAW WOULD WORK ON SOMETHING WITH YOU OR OR THE PUBLIC RECORDS ACT WE'RE ABOUT TO DISCUSS OR THE ETHICS STATUTE, PARTICULARLY ETHICS STATUTE. PICK UP THE PHONE AND CALL ME PICK UP THE PHONE AND CALL MY OFFICE AND WE'LL TALK THROUGH. OKAY? CEMETERY SO SECOND THING WE'RE GONNA DISCUSS VERY QUICKLY IS THE PUBLIC RECORDS. ALL RIGHT. THIS ONLY INTERACTS WITH YOU ALL IN RELATIVELY RARE CIRCUMSTANCES.

OKAY, UM. SO FIRST, LET'S ESTABLISH WHAT IS A PUBLIC RECORD, OKAY? AND THEN WE'LL TALK ABOUT HOW IT APPLIES TO YOU ALL ON ON A AH APPOINTED VOLUNTEER BOARD. SO THE GENERAL RULE IS THE PUBLIC RECORDS ACT PROVIDES A RIGHT OF ACCESS TO PUBLIC RECORDS, ALL RIGHT. AND SO WE HAVE TO FIGURE OUT FIRST. WHAT'S THE PUBLIC RECORD? THIS IS THE STATUTORY DEFINITION. ALL DOCUMENTS, PAPERS, LETTERS, MAPS, BOOKS, TAPES, PHOTOGRAPHS , FILMS, SOUND RECORDINGS, DATA PROCESSING SOFTWARE. THIS IS THE 19 SEVENTIES LEGISLATURE TRYING TO FORESEE THE FUTURE. OKAY THEY'RE COMING UP WITH WHATEVER THEY COULD, UM OR OTHER MATERIAL , REGARDLESS OF THE PHYSICAL FORM CHARACTERISTICS OR MEANS OF TRANSMISSION. A TO RECEIVE. THIS IS IMPORTANT PART MADE OR RECEIVED PURSUANT TO LAW OR ORDINANCE OR IN CONNECTION WITH THE TRANSACTION OF OFFICIAL BUSINESS BY AN AGENCY. ALL RIGHT NOW THAT'S A FUNNY WORD. THEIR AGENCY YOU HEAR AGENCY AND YOU THINK, OH, THAT'S THE VILLAGE RIGHT? OR THAT'S THE PCB AS A WHOLE. UNDER THE PUBLIC RECORDS ACT TECHNICALLY EACH ONE OF YOU INDIVIDUALLY AS MEMBERS OF THE PCB. YOU'RE AN AGENCY. OKAY? SO WHAT DOES THAT MEAN? IF YOU WRITE AN EMAIL TO WEALTHIER. RIGHT TO ASK A QUESTION ABOUT SOME, UH, MATTER THAT'S COMING UP ON A PCB AGENDA. WHEN YOU WRITE THAT EMAIL, YOU SEND IT TO OUR THEATER. THAT EMAIL IS A PUBLIC RECORD. OKAY NOW, THE NICE THING ABOUT THAT EMAIL IS IT WILL HAVE GONE INTO THE VILLAGES. EMAIL SYSTEM, OKAY, AND THEN IT'S THEIR RETAINED AND OUR FOLKS CAN. PULL THE PULL ANY EMAILS OUT IF SOMEBODY COMES TROOPING INTO THE VILLAGE AND MAKES A PUBLIC RECORDS REQUEST. FOR AN EMAIL OR FOR ANY DOCUMENTS THAT WOULD BE RESPONSIVE THAT FOR. CERTAIN DOCUMENTS AND THAT EMAIL WOULD BE RESPONSIVE THAT REQUEST THE VILLAGE CAN HANDLE DEAL WITH THAT STUFF YOU NEVER EVEN HAVE TO KNOW ABOUT. OKAY, EASY PIECES. WHERE WE GET INTO TOO. ISSUES IS SOMETIMES ON. IMPORTANT PLANNING MATTERS RIGHT THAT THAT FOLKS GET VERY CONCERNED ABOUT WITHIN THE VILLAGE. PEOPLE MAY EMAIL YOU

[01:05:01]

B. THAT POST. IS GOING TO LOOK A WHOLE LIKE IT WHOLE LOT LIKE IT MEETS THIS DEFINITION. GOING. TO BASICALLY THAT POST IS LIKELY GOING TO BE CATEGORIZED AS A PUBLIC RECORD. WHY IS THAT PROBLEM MATTER WHEN YOU HAVE A PUBLIC RECORD, YOU'RE REQUIRED TO RETAIN THAT PUBLIC RECORD FOR VERY COMPLEX PERIOD OF TIME BASED ON THE CONTENT OF IT. YOU HAD YOUR ALSO REQUIRED TO MAKE IT AVAILABLE FOR INSPECTION AND COPY. ALL RIGHT. THE VILLAGE DEALS WITH THIS ALL THE TIME AND SO IN THE VILLAGE HAS THE STUFF. IT MAKES IT EASY. BUT WHEN YOU GO CREATING YOUR OWN STUFF AGAIN HAVING TO DO WITH VILLAGE BUSINESS, NOT SAYING YOU CAN'T POST ON FACEBOOK ABOUT YOU KNOW YOUR KID'S BIRTHDAY PARTY OR ANYTHING ELSE YOU WANTED. JUST REMEMBER WHEN YOU POST ON FACEBOOK ABOUT PISA BABY BUSINESS WHEN YOU'RE ON THE P C. A B. YOU'RE POTENTIALLY CREATING PUBLIC RECORD THAT'S GOING TO BE A BIG HEADACHE FOR YOU SO OFTEN TIMES. IT'S BETTER JUST NOT TO.

UM. ANY QUESTIONS ABOUT ANY OF THAT, BECAUSE THOSE TEND TO BE THE MOST PRACTICAL DOWN TO EARTH QUESTIONS I GET. ALL RIGHT. UM. I'M GOING TO SKIP WAY AHEAD HERE, AND UNFORTUNATELY, THIS THING DOESN'T LET ME SKIP. MULTIPLE AT A TIME, BUT I'M GOING TO SKIP AHEAD ALL THE WAY TO OUR LAST TOPIC FOR TONIGHT. AND THAT IS A PORTION OF THE CODE OF ETHICS IN THE FLORIDA STATUTES CHAPTER 1 12 RELATING TO VOTING COMPLEX, OKAY, AND THIS IS OFTEN TIMES ON A NUMBER OF APPOINTED BOARDS. WE DON'T WE DON'T EVEN GET INTO THE ETHICS STUFF BECAUSE IT'S. IT'S DIFFICULT TO FORESEE HOW VOTING CONFLICTS WOULD COME UP WITH SOME TYPES OF BOARDS LIKE IF WE HAD A PARKS AND BEAUTIFICATION BOARD AND SO ON. IT'S KIND OF MORE REMOTE. BUT OF ALL THE APPOINTED BOARDS, PLANNING BOARDS OR PCB BOARDS LIKE YOU ARE THE ONES THAT HAVE THE MOST.

POTENTIAL ISSUE OF HAVING VOTING CONFLICT, SO WE'RE GOING TO DISCUSS IT REAL QUICK. SO.

VOTING CONFLICTS ARE CODIFIED THE VOTING CONFLICT STATUTES IN 1 12 THROUGH 143. AND AS I MENTIONED, THERE'S A REFERENCE TO THAT A COUPLE TIMES IN YOUR RULES THERE, SO IT KIND OF TIES BACK TO ALL THIS. ALL RIGHT. SO WHO DOES THE VOTING CONFLICT LAW APPLIED TO APPLIES TO PUBLIC OFFICERS AND AGAIN THIS UM, THIS MEANS IT APPLIES BOTH TO ELECTED OFFICIALS AND APPOINTED

[01:10:02]

I'M TRYING TO HELP YOU UNDERSTAND ENOUGH OF WHAT WE'RE DEALING WITH HERE. SO THAT YOU KNOW. LOOKING AT AN AGENDA UP. I NEED TO CALL WAIT AND TALK ABOUT THIS. WE NEED TO TALK THROUGH.

SEE WHETHER OR NOT I GOT TO VOTE IN CONFLICT, OKAY? SO FIRST ONE TALKING ABOUT YOU. THE MEASURE WOULD ENDURE TO YOUR YOU YOURSELF SPECIAL PRIVATE GAIN OR LOSS. FOUR. DIFFERENT CATEGORY.

ANY MEASURE THAT YOU KNOW WITH A NEWER TO THE SPECIAL PRIVATE GAINER LOSS OF THIS LIST OF FOLKS A PRINCIPLE BY WHOM YOU RETAINED. WE'LL TALK ABOUT WHAT THAT MEANS. PARANOID IZATION OF SUBSIDIARY OF A CORPORATE PRINCIPLE. THAT'S JUST SAYING WHEN WE TALK ABOUT THE PRINCIPAL THERE, YOU CAN'T HAVE TWO LEVELS OF SHELL COMPANIES OR SOMETHING LIKE THAT. TO PROTECT YOU FROM A VOTING CONFLICT. THEY TRY TO DEAL WITH THAT, SO YOU CAN IGNORE THAT SECOND ONE. SINCE YOU CAN'T DO YOU CAN'T DO IT INDIRECTLY, EITHER. SO A PRINCIPLE. RELATIVE AND THAT THERE'S A SPECIFIC DEFINITION OF THAT. WE'LL TALK ABOUT IT. MORE A BUSINESS ASSOCIATE. WE'LL TALK ABOUT WHAT THAT IS. ALL RIGHT. THE FIRST. WE'RE GOING TO BREAK DOWN THESE DIFFERENT PIECES HERE, SO WE UNDERSTAND WHO WE'RE TALKING ABOUT, AND THEN WE'LL TALK ABOUT SPECIAL PRIVATE GAINED OR LOST. SO WHAT'S A PRINCIPLE? PRINCIPLE REFERS TO A COUPLE DIFFERENT THINGS. IT COULD EITHER BE YOUR EMPLOYER. OKAY, SO. AH LET'S SAY YOU'RE EMPLOYED BY A COMPANY. AND THAT COMPANY IS COMING BEFORE THE BABY FOR A REZONING ON A PIECE OF PROPERTY DAY. YUP. OKAY. EASY PEACE. YOU'RE EMPLOYED BY THAT COMPANY. THEY'RE YOUR PRINCIPLE IT WOULD ENSURE THE DECISION WENT IN ORDER TO THEIR, UH THE COMPANY'S SPECIAL PRIVATE GAIN OR LOSS. DONE. SO EMPLOYER. THE SECOND CATEGORY IS A CLIENT. IF YOU'RE IN A PROFESSIONAL PRACTICE LIKE A CLIENT IN LAW, PRACTICE OR CLIENT IN ACCOUNTING PRACTICE, SOMETIMES OF SOME TYPES OF INSURANCE THAT GETS REALLY COMPLICATED. UM BUT WE'RE PRIMARILY TALKING ABOUT THINGS LIKE LEGAL AND ACCOUNTING PRACTICES. AND THEN THE THIRD IS A CORPORATION FOR WHICH THE OFFICER SERVES AS A COMPENSATED DIRECTOR. YEAH I'LL GIVE YOU AN EXAMPLE THAT WILL REALLY TEASE THIS OUT. SO I HAD YEARS AGO IN CITY I REPRESENT HAD A MEMBER OF THE CITY COMMISSION. WHO WAS ON THE BOARD OF DIRECTORS OF LOCAL CHURCH, OKAY? THAT CHURCH. WAS COMING IN TO GET US ZONING APPROACH THAT WAS ULTIMATELY GOING TO GO THROUGH THE CITY COMMISSION. AND I ASKED THE COMMISSIONER. YOU KNOW, ARE YOU COMPENSATED IN ANY WAY YOU PAID TO BE ON THE BOARD OF DIRECTORS OF YOUR CHURCH? AND HE SAID ABSOLUTELY NOT. I'M YOU KNOW, I'M JUST A PARISHIONER, AND I'M ON THE BOARD OF DIRECTORS. UNDER THE VOTING CONFLICT STATUTE. HE WAS NOT REQUIRED TO RECUSE HIMSELF. OKAY BECAUSE HE WAS ON THE BOARD OF A CORPORATION BUT WAS NOT COMPENSATED, DIRECTED NOW WE'RE GOING TO TALK AT THE END ABOUT AN OPPORTUNITY THAT HE TOOK WHEN HE THOUGHT IT HAD THE APPEARANCE OF IMPROPRIETY, EVEN THOUGH IT DIDN'T MEET ALL THE PARTS OF THAT DEFINITION WHERE HE'S STILL COULD RECUSE HIMSELF

[01:15:03]

BASICALLY, WE'RE TALKING ABOUT YOUR EMPLOYER OR A CLIENT OF YOURS AND PROFESSIONAL PRACTICE , AND THEN WE CAN GET INTO THOSE OTHER COMPLICATIONS. WHO'S A RELATIVE? SO THIS DEFINITION OF RELATIVE IN THE VOTING CONFLICTS THAT SHE IS VERY NARROW. ALL RIGHT. FATHER MOTHER, SON, DAUGHTER, HUSBAND, WIFE, BROTHER , SISTER FATHER IN LAW, MOTHER IN LAW, SON IN LAW OR DAUGHTER.

WHAT'S MISSING. BLOCK. AH ONE OF THE MOST COMMON ONES I SEE IN SMALL TOWNS ALL THE TIME. FIRST COUSIN, NOT ON THAT LIST. UNCLE. NOT ON THAT LIST. OKAY SO THIS IS A VERY NARROW DEFINITION.

KEEP THAT IN MIND. UM. BUT AGAIN WE'RE GOING TO TALK ABOUT. WE'RE GOING TO TALK ABOUT THAT THAT OPPORTUNITY WHEN THERE IS A CONCERN WHEN THAT INDIVIDUAL BOARD MEMBER. MAY FEEL LIKE THERE'S AN APPEARANCE OF IMPROPRIETY THAT THEY CAN DEAL WITH THAT. FINAL THING IS WHAT'S A BUSINESS ASSOCIATE? SO THIS IS MEANT TO BE KIND OF A SLIPPERY AND MORPHEUS TERM ON PURPOSE KIND OF BROAD. IT'S A PERSON OR ENTITY. YOU'RE CARRYING ON A BUSINESS ENTERPRISE WITH WHO'S CARRYING ON A BUSINESS ENTERPRISE WITH THE PUBLIC OFFICER, REGARDLESS OF THE FORM OF THE BUSINESS. ALL RIGHT, SO THE KEY QUESTION IS ARE THESE TWO FOLKS ONE? THE PUBLIC OFFICER LIKE A MEMBER OF PCB BOARD AND THE PERSON WHO'S GOING TO BE COMING BEFORE THE BOARD OR OTHERWISE GOING TO HAVE A BENEFIT FINANCIAL BENEFIT FROM THE DECISION YOU MAKE. ARE THOSE TO ENGAGE IN A COMMON COMMERCIAL OR ENTREPRENEURIAL PURSUIT, AND IS THAT A CURRENT ONGOING BUSINESS RELATIONSHIP OKAY, SO I'LL GIVE YOU AN EXAMPLE. AH! YEARS AGO IN ORANGE COUNTY, WHERE I'M SITTING RIGHT NOW, I COULD I COULD TELL YOU STORIES, I WOULD BLOW YOUR MIND ABOUT ORANGE COUNTY, BUT WE WON'T GET INTO ALL OF THEM. BUT JUST THIS ONE HAD A COUNTY COMMISSIONER.

WHO CAME OUT AFTER THE FACT. THAT HE HAD VOTED ON THE MATTER. AND IT LATER BECAME REVEALED HE WAS A THE APPLICANT THAT OWNED A PIECE OF PROPERTY THAT WAS GETTING A REZONED RIGHT? THIS COUNTY COMMISSIONER. OWNED. A PIECE OF PROPERTY. WITH THAT APPLICANT. OKAY COMPLETELY IN A COMPLETELY DIFFERENT COUNTER COMPLETELY DIFFERENT PART OF THE STATE. OKAY I HAD NOTHING TO DO WITH THE PROPERTY THAT WAS BEFORE THAT COUNTY. THAT COUNTY COMMISSION THAT DAY, ALL RIGHT.

BUT. DO WE MEET THESE? DO WE MEET THESE TWO PIECES? THEY OWN PIECES. THEY OWN PROPERTY TOGETHER. IN ANOTHER COUNTY. ALL RIGHT, AND THE JOB OF BOTH OF THEM WAS DEVELOPERS. ALRIGHT SO QUESTIONS ARE THEY ENGAGING IN A COMMON COMMERCIAL OR ENTREPRENEUR? PURSUIT? IS IT A CURRENT ONGOING BUSINESS RELATIONSHIP? THE ANSWER TO BOTH. THOSE WAS YES. BECAUSE THEY OWN A PIECE OF PROPERTY TOGETHER IN A COMPLETELY DIFFERENT COUNTY HAD THAT COUNTY COMMISSIONER HAD NOTHING TO DO WITH THE PIECE OF PROPERTY THAT WAS BEFORE HIM FOR A VOTE. BUT IT WAS A BUSINESS ASSOCIATE OF HIS WHO WAS BEFORE HIM, UH, TO GET THAT RESULTING. AND SO THAT WAS A NO, NO. SO WE WERE TALKING ABOUT FOR ALL THAT LIST OF FOLKS THERE RIGHT FOR EITHER YOURSELF OR THE PRINCIPAL RELATIVE OR BUSINESS ASSOCIATE. YET THE MEASURE FOR VOTING CONFLICT TO OCCUR WOULD HAVE TO ENDURE TO THEIR SPECIAL PRIVATE GAIN OR LOSS, OKAY? THE VOTING CONFLICTS . LAW DOES NOT APPLY TO ALL SITUATIONS THAT MIGHT RESULT IN GAIN OR LOSS TO THE OFFICIAL THAT GAIN OR LOSS HAS TO BE SPECIAL. AND. WE'RE GOING TO GET INTO WHAT ARE THE FACTORS THAT ARE EVALUATED UNDER THE STATUTE UNDER THE ETHICS OPINIONS TO FIND IT TO BE SPECIAL. THE FIRST THING TO GET OUT OF THE WAY BECAUSE THERE'S A LOT OF OLD THOUGHT ON THIS. IT WAS CLEARED UP ALL THE WAY BACK IN THE SEVENTIES. THE LAW IS CLEAR NOW THAT THE SPECIAL PRIVATE GAIN OR LOSS HAS TO BE AN ECONOMIC FINANCIAL. BENEFIT OR HARM THAT WOULD ENDURE TO ONE OF THOSE FOLKS. OKAY THERE USED TO BE A LOT OF ETHICS COMPLAINTS FILED BACK IN THE SEVENTIES, SAYING WELL, SO AND SO ONLY VOTED ON THAT THING VOTED ON THAT THING. BECAUSE IT WAS TO HIS POLITICAL BENEFIT TO VOTE FOR HIM, AND THAT WAS SOMEHOW A SPECIAL PRIVATE GAIN BECAUSE HE WAS GOING TO GET A LOT OF POLITICAL CREDIT FOR DOING IT. THE ETHICS COMMISSION SAID. THAT'S NOT WHAT WE'RE TALKING ABOUT. THAT'S NOT WHAT THE STATUES TALKING ABOUT. WE'RE TALKING ABOUT FINANCIAL.

[01:20:04]

YOU CHANCE THAT THAT DECISION IS GOING TO BE A SPECIAL GAIN OR LOSS. UM. TO KEEP THAT IN MIND.

IT PROHIBITS VOTING WHEN IT COULD BE TO YOUR DETRIMENT TO SO IT'S NOT JUST APPROVING APPROVING REASONINGS. IT COULD BE SOMETHING THAT WOULD BE DETRIMENTAL. UH, YOU'RE GONNA HAVE A PROBLEM EITHER WAY, BUT IF YOUR CLASS OF ONE PROBABLY GOING TO END UP BEING SPECIAL.

END UP BEING THAT SOME CHANGE IS ONLY GOING TO AFFECT TWO OR THREE OR FOUR PROPERTIES WITHIN THE VILLAGE. WE'RE LOOKING. WE'RE STILL LOOKING LIKE SPECIAL PRIVATE GAIN OR LOSS. IF WE'RE LOOKING AT CHANGING RULES THAT WOULD BE CLEARLY UNIFORMLY APPLICABLE EVERYWHERE AND NOT AFFECT FOLKS MUCH MORE. YOU KNOW, ONE TO THE OTHER. LIKELY THIS IS NOT GOING TO WEIGH IN FAVOR OF BEING SPECIAL PRIVATE GAIN OR LOSS. ANOTHER ONE IS WE LOOK AT WHETHER OR NOT A, UM AH, THE. SPECIAL PRIVATE GAIN OR LOSS IS REMOTE OR SPECULATIVE, OKAY? BASICALLY. YOU KNOW A CHANGE OF ZONING ON A PIECE OF PROPERTY THAT THAT ADDS A LOT MORE ENTITLEMENTS THAT PROPERTY IS GOING TO BE WORTH. A LOT MORE THE MINUTE IT'S GRANT RIGHT. THERE'S NOTHING REMOTE OR SPECULATIVE ABOUT THAT. THAT'S JUST THE WAY THE BUSINESS WORKS. BUT IF WE GET INTO SITUATIONS WHERE WE'RE HAVING TO PUT TOGETHER LONG CHAINS OF LOGIC TO SAY WELL, IF THIS CHANGES MADE IN THE CODE, EVEN THOUGH IT APPLIES TO EVERYBODY, YOU KNOW THAT'S GOING TO OPEN THE DOOR.

FOR EVENTUALLY, THERE MIGHT BE ANOTHER CHANGE LIKE THAT, AND THEN THERE MIGHT BE ANOTHER CHANGE AND THEN HE'S GOING TO HAVE THIS BENEFIT. OR SHE'S GOING TO HAVE THIS BENEFIT OR WHAT HAVE YOU THAT'S WHEN YOU START CONSTRUCTING THESE LONG CHAINS OF LOGIC. TO SAY HOW SOMEONE'S GOING TO BENEFIT. IT STARTS TO UNDERMINE ANY SORT OF THAT FINDING AND FINALLY.

PRELIMINARY OR PROCEDURAL ONES. THIS IS MOSTLY JUST TO DEAL WITH NONSENSE COMPLAINTS THEY USED TO GET UP AT THE AH ETHICS COMMISSION UNTIL HASSI WHEN FOLKS WOULD SAY OH, WELL, YEAH, THAT GUY. HE HE RECUSED HIMSELF FROM VOTING ON THAT THAT MATTER , BUT EARLIER IN THE MEETING, HE VOTED TO APPROVE THE AGENDA. AND IF HE HADN'T APPROVED THE AGENDA THAN IT WOULD NEVER HAVE COME UP, AND HE WOULDN'T HAVE GOTTEN THAT BENEFIT. AND THEY SAID, THAT'S SILLY. APPROVING THE AGENDA WHERE A THING IS ON IS NOT WHAT WE'RE TALKING ABOUT. IT'S TALKING ABOUT THAT. THE ACTUAL MATTER IS WHERE YOU HAVE A HAVE TO RECUSE YOURSELF AND HAVING VOTING CONFLICT. SIT DOWN. IF YOU'VE GONE THROUGH THIS ANALYSIS OR YOU REMEMBERED ENOUGH OF THIS ANALYSIS SAY, HEY , I'VE GOT TO PICK UP THE PHONE AND COAL AID. WE TALKED THROUGH SOMETHING. AND AFTER TALKING WITH ME, YOU COME TO THE CONCLUSION YOU'VE GOTTA VOTING CONFLICT. WHAT DO YOU HAVE TO DO? YOU GOT TO DO A COUPLE THINGS FIRST. YOU'VE GOT TO ABSTAIN FROM VOTING. YOU CANNOT VOTE ON THAT ITEM AT THAT MEETING. TWO YOU'VE GOT TO DISCLOSE THE CONFLICT ORALLY PRIOR TO VOTING. OKAY? SO NOT JUST SITTING THERE QUIETLY. YOU HAVE TO SAY IT OUT LOUD AT SOME POINT DURING THE MEETING, DISCLOSE THAT YOU HAVE A CONFLICT AND GENERALLY WHAT THE NATURE OF THE CONFLICT IS. AND THIRD, YOU HAVE TO FILE A FORM EIGHT. B AND STAFF WILL HELP YOU

[01:25:06]

AND THEN THAT FOR MAYBE ACTUALLY GETS ATTACHED TO THE MINUTES FOR THAT MEETING AND GOES AWAY IN A FILE. FOURTH THING, AND THIS IS THE GENERAL STATUTORY RULE. THEN I'LL CIRCLE BACK TO WHAT'S WHAT'S IN THOSE DRAFT RULES THERE. UNDER THE STATE'S STATUTE. IN ADDITION, APPOINTED LOCAL OFFICIALS. THAT MEANS YOU GUYS OKAY? YOU HAVE TO PUBLICLY DISCLOSE THE CONFLICT BEFORE PARTICIPATING IN DISCUSSION. AND WHAT DOES THIS MEAN? IT MEANS UNDER THE STATE'S STATUTE. OKAY? THERE IS NO PROHIBITION ON. A MEMBER OF A. PLANNING BOARD, PCB BOARD OR THE VILLAGE COUNCIL, OR WHAT HAVE YOU THERE IS NO PROHIBITION ON THEM. DISCUSSING THE MATTER. THEY HAVE A VOTING CONFLICT ON SO LONG AS THEY DISCLOSE THE CONFLICT AND ABSTAIN FROM VOTING. HOWEVER WHAT'S IN YOUR RULES GOES ONE STEP FURTHER AND THE CHAPTER 1 12 ALLOWS SPECIFICALLY ALLOWS STRICTER RULES TO BE IMPOSED ALONG THESE LINES. AND WHAT THAT RULE SAYS IS HEY, IF YOU'VE GOT A BOATING, FUN CONFLICT, YOU'RE GOING TO ABSTAIN FROM VOTING. YOU'RE GOING TO DISCLOSE YOUR CONFLICT AND YOUR IN FILE YOUR MEMORANDUM AND YOU ARE NOT GOING TO PARTICIPATE IN THE DISCUSSION OF THAT MATTER. OKAY? THERE ARE SOME EXCEPTIONS THAT REALLY GET IN THE WEEDS. BASICALLY, YOU DON'T NEED TO WORRY ABOUT THE EXCEPTION UNLESS THE FOLKS THAT UM UNLESS ANY OF YOU ARE EMPLOYED BY A GOVERNMENT AGENCY THAT MIGHT BE COMING BEFORE THE VILLAGE. THAT HAPPENS VERY RARELY, IN FACT, PROBABLY THE ONLY ONE THAT WILL EVER COME BEFORE THE VILLAGE TO COME BEFORE YOU GUYS MIGHT BE THE SCHOOL BOARD AT SOME POINT, UM, ACTUALLY HAD A MEMBER OF A BOARD WHO WAS EMPLOYED BY THE SCHOOL BOARD. IN ONE OF THE CITY'S I REPRESENT, AND ONE OF THESE EXCEPTIONS KICKED IN, BUT YOU DON'T NEED TO WORRY ABOUT THAT. NOW LET'S TALK ABOUT THE FLIP SIDE REAL QUICK AND WE'RE GONNA GET TO THAT THAT WIG OVER AND WE WERE TALKING ABOUT. AH, FOR, UM APPEARANCES OF IMPROPRIETY, SO THE FLIP SIDE OF THE VOTING CONFLICT STATUTE IS A REQUIREMENT TO VOTE. IN FLORIDA . THERE IS NO VOTING PRESENT YOU CAN'T AVOID. THAT'S WHY YOU GUYS GET PAID THE BIG BUCKS, RIGHT? UM THERE IS NO AVOIDING MAKING HARD CHOICES. WHEN YOU'RE WHEN YOU'RE VOTING ON THINGS EXCEPT WHAT THE STATUTE PROVIDES IS WHEN YOU'VE GOT, UM WHEN THERE IS. YOU CAN ABSTAIN FROM VOTING WHEN THERE IS OR APPEARS TO BE A POSSIBLE CONFLICT OF INTEREST.

SEE THAT SLIPPERY LANGUAGE THERA REQUIREMENT THAT YOU VOTE ON EVERYTHING. THE EXCEPTION IS SLIGHTLY BROADER THAN JUST WHEN YOU HAVE A TECHNICAL VOTING CONFLICT. IF YOU HAVE SOMETHING THAT LOOKS A WHOLE LOT LIKE A TECHNICAL, UH, VOTING CONFLICT, BUT IT DOESN'T MEET ALL THE ELEMENTS AND IT IS AVAILABLE TO YOU. IN YOUR DISCRETION, INDIVIDUAL DISCRETION. IF YOU FIND THAT THAT, UM. THAT THERE MAY BE AN APPEARANCE OF A POSSIBLE CONFLICT OF INTEREST.

YOU CAN NEVERTHELESS ABSTAINED FROM VOTING. WHERE I'VE SEEN THAT HAPPEN SOMETIMES IS AGAIN THE EXAMPLE I GAVE YOU BEFORE THE CITY COMMISSIONER WHO WAS ON THE CHURCH BOARD CHURCH BOARD OF DIRECTORS WAS NOT COMPENSATED, THEREFORE, TECHNICALLY WASN'T A VOTING CONFLICT, BUT HE DID NOT FEEL RIGHT. VOTING ON THE MATTER BECAUSE HE WAS ON THE BOARD, EVEN THOUGH HE WASN'T GETTING PAID. SO HE EXERCISED THIS BIT HERE TO SAY. I'M GOING TO ABSTAIN IN THIS INSTANCE BECAUSE I DON'T WANT THERE TO BE AN APPEARANCE OF A CONFLICT OF INTEREST. THE. OTHER EXCEPTION TO THAT REQUIREMENT TO VOTE IS IN THAT SECOND SENTENCE THERE. WE TALKED A LITTLE BIT ABOUT QUASI JUDICIAL PROCEEDINGS. YOU GUYS ARE GOING TO HAVE A LOT OF THEM. THOSE ARE THE ONES AGAIN THAT YOU'RE MAKING DECISIONS BASED ON THE FACTS AND THE LAW, AND YOU'RE GONNA BE QUASI ACTING LIKE A JUDGE. IN THOSE INSTANCES YOU CAN CHOOSE TO ABSTAIN FROM VOTING ON THE MATTER. IF YOU BELIEVE THAT ABSTENTION IS TO ASSURE A FAIR PROCEEDING FREE FROM POTENTIAL BIAS OR

[01:30:06]

ULTIMATELY THE THROUGHOUT THE STATE. THE ONLY TIMES I SEE AH MATTERS LIKE THAT COME UP. IT'S A TRUE CONFLICT OF CONSCIENCE. I'LL GIVE YOU AN EXAMPLE. SO IN ONE OF MY CITY'S, THEY WERE GOING THROUGH. AND AFTER DEALING WITH SOME STUFF THAT THEY WERE DOING SOME DID THEY PUT IN? THEY PUT IN SOME STUFF THAT SAID ADULT ENTERTAINMENT. OKAY I WAS GOING TO BE ALLOWED IN ONE LITTLE PLACE AS A SPECIAL EXCEPTION. SO ON, THERE'S SOME FUN CASE LAW OUT THERE THAT SAYS YOU CAN'T COMPLETELY EXCLUDE ADULT ENTERTAINMENT FROM COMMUNITIES AND ALL OF THEIR SAFE. CAN YOU GOT TO LET IT GO SOMEWHERE? ONE OF THE COMMISSIONERS UNDERSTOOD THAT NEW LEGALLY FULL WELL, THAT THAT WAS THE YOU KNOW WHAT IT WAS BUT COULD NOT BRING HERSELF IN HER RELIGIOUS CONVICTIONS. GO ALONG WITH THAT AND SO AND SHE BASICALLY MADE CLEAR AND SAID, I CAN'T I CAN'T NOT BE BIASED ON THIS. AND SO I'M I'M GOING TO BE AH, NOT VOTING ON. SO. YOU SEE IF THERE'S ANYTHING ELSE, THERE'S A WHOLE BUNCH OF OTHER STUFF THAT GETS IN THE WEEDS AND OTHER THINGS THAT DON'T REALLY DIRECTLY APPLY TO YOU ALL BUT UM , THAT IS THE VOTING CONFLICT STATUTE. ANY QUESTIONS ON THAT. JUST QUICK QUESTION. UM LILIES ON THE NEW RULES WHEN YOU WHAT'S BEING PROPOSED AS 1/4 REQUIREMENT WHEN YOU DO HAVE A CONFLICT IS TO NOT ENGAGE IN DISCUSSION. SO IS WHEN YOU SAY THAT, DO YOU? IS IT SHOULD WE STEP OFF THE STAGE OR GO OUTSIDE ? WHAT'S WHAT'S A BETTER COURSE OF ACTION BECAUSE I REMEMBER I MEAN, LIKE WHEN I HAD A CONFLICT PREVIOUSLY I STEPPED OFF THE STAGE, BUT SHOULD WE JUST STEP OFF THE STAGE OR GO OUTSIDE OF THE ROOM? UM. THAT GREAT QUESTION AND THAT THAT'S THAT'S A QUESTION THAT I WOULD I WOULD WELCOME ANY INPUT FROM THE FROM ANY PC. A BOARD MEMBERS. I MEAN, FRANKLY, THE TENOR I'VE KIND OF FELT OUT IN INDIAN TOWN. THEY MAKE MORE SENSE JUST TO WALK OUT OF THE ROOM AND I WILL SHARE WITH YOU ALL. THEY'RE KIND OF DIFFERENT NORMS ON THESE THINGS ALL OVER THE STATE OF FLORIDA AND MY FIRM REPRESENTS LOCAL GOVERNMENTS ALL OVER THE STATE. SOME PLACES COMPLETELY NORMAL THAT THE SIT THERE AND YOU SIT ON THE DIOCESE AND NOT STEP DOWN AND THEY MIGHT EVEN PARTICIPATE.

UM OTHER PLACES. IT'S YOU GET UP AND YOU WALK ALL THE WAY OUT OF THE ROOM. YOU WANT NOTHING TO DO WITH THE LANGUAGE THAT'S IN THE PROPOSED RULES RIGHT NOW. AS THAT. A BOARD MEMBER WITH VOTING CONFLICTS SO PUBLICLY AND ORALLY DISCLOSED THE NATURE OF THE CONFLICT AT THE BEGINNING OF CONSIDERATION OF THE MATTER. AND SHALL ENTIRELY REFRAINED FROM PARTICIPATING IN THE DISCUSSION , CONSIDERATION OR PRESENTATION OF THE MATTER. IN ADDITION TO OTHERWISE COMPLYING WITH THE REQUIREMENTS OF BUT THEN STATUTORY SECTION. LET ME OPEN IT UP REAL QUICK, JUST A LITTLE BIT OF GUIDANCE FOR STAFF ON THIS ISSUE. SUCH A TOUCHES ON WHAT I WAS JUST PRESENTING. WHAT DO YOU ALL THINK? STAY ON THE DIOCESE. GO SIT IN THE AUDIENCE STEP OUT OF THE ROOM. WE WOULD WELCOME ANY FEEDBACK FOR WHAT STAFF WOULD BRING BACK AS THE FINAL VERSION OF RULES. I THINK THAT IT WOULD BE APPROPRIATE IF THEY SAT IN THE AUDIENCE. LET ME ASK YOU QUESTIONS SITTING IN THE AUDIENCE, UM, WITH THAT PERSON STILL BE CONSIDERED PART OF THE BOARD THAT EVENING. ARE THEY? OH, YEAH, IT WOULD. IT WOULD ONLY BE WITH RESPECT TO THAT ITEM. OKAY YEAH, WE WOULD NEVER CONTEMPLATE THAT. I DON'T SEE HOW THAT WOULD WORK THAT THAT THAT BOARD MEMBER WOULD BE SOMEHOW DISQUALIFIED FROM OTHER ITEMS THAT THEY DIDN'T HAVE A CONFLICT ON. THAT NIGHT. SO IF HE'S SITTING OUT OR HE OR SHE IS SITTING OUT IN THE AUDIENCE ONCE THAT PARTICULAR ITEM HAS BEEN, UM, DISCUSS THEY ARE, THEY SHOULD THEY COME BACK TO THE TO THE DICE? THAT THAT WOULD BE THE

[01:35:09]

WE SHOULDN'T NECESSARILY LET IT HOLD YOU ALL UP, FINALIZING SOME RULES FOR RIGHT NOW. IT'S POSSIBLE BASED ON SOME DISCUSSIONS, THE VILLAGE COUNCIL HAS HAD THEY MAY AND AGAIN, I DON'T KNOW THEY ONLY HAD LIMITED DISCUSSION. THEY MAY GO. UM THAT STRONGER ROUTE OF JUST SAYING HEY, FOLKS LEAVE THE ROOM FOR THE VILLAGE COUNCIL. AND SO IF THEY IF THEY EVER ENDED UP MAKING THAT DECISION YOU GUYS MIGHT REVISITED THAT TIME TO KIND OF FLY IN FORMATION. BUT AGAIN, THAT'S THAT WOULD BE UP TO YOU ALL RIGHT? ARE THERE ANY OTHER QUESTIONS OR CONCERNS? BOARD MEMBERS? PERSONALLY, YOU HAVE SORRY. ALRIGHT ATTORNEY VOTES IT APPEARS THAT WE HAVE NO OTHER QUESTIONS ARE CONCERNS. ALL RIGHT. VERY GOOD. WELL THANK YOU ALL VERY MUCH. AND AGAIN, I WOULD URGE YOU I'M GONNA GO AHEAD AND SHARE NOW, BUT I CAN MAKE IT UNSURE. I'M NOT SURE I THOUGHT KNOW HOW TO MAKE IT. I'M SURE I DON'T WANT TO CUT ME OFF THERE. YEAH, OKAY. GOOD. UM

[01:40:04]