Dec 01, 2022 Planning, Zoning, and Appeals Board

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YES, MA'AM. CHAIR PALMER. SORRY I DON'T HAVE MY MIC VICE CHAIR. MILEY PRESENT MEMBER, PRESSLER.

HERE. BOARD MEMBER ON SOCCER. DID I SAY THAT RIGHT PRESENT? OKAY. THANK YOU. BOARD MEMBERS TO HAYEK. IS PRESENT VIA ZOOM. BOARD MEMBER WATSON HERE. AND BOARD MEMBER WILLIAMS. OKAY WE'LL HAVE OUR INVOCATION BY UM, BOARD MEMBER OF WILLIAMS. PLEASE STAND. THAT'S GREAT. MY FATHER.

GOD IN HEAVEN. WE COME NOW. CLOSE ON ANOTHER DAY AND THANK YOU HAVING A FATHER FOR ALLOWING US TO BE IN THIS STATE CONTINUES TO GO UP TO US AND STAND BY US AND LEAVE SOMEONE SPIRITUALLY AGREE OF GRACE. TO ANOTHER. HOLD OUR HANDS THIS EVENING HAVING A FATHER. FOR THE MEETING OF IMPORTANCE AND STEALING US HAVING FOUND THEM. WE HAVE TWO LAWS. TO OBEY. SPIRITUAL LAWS.

AND I WAS CIVIC DUTY. AS HUMAN BEINGS. IT WAS A MOUTH AND MEDITATION BY HEARTS. BE ACCEPTABLE IN YOUR SIDE. LORD, STRENGTHEN OUR REDEEMER. IT MIGHT HAVE NAME OF JESUS. WE PRAY AMEN. AMEN AMEN. I BELIEVE YOU. I PLAYED TO LEGAL SORT OF FLAT. THE UNITED STATES OF AMERICA PUBLIC FROM WHAT YOU'RE SAYING. JUSTICE. OKAY WE'LL HAVE OUR SWEARING IN. OF PLANNING

[1.  

Swearing-Ins of Planning, Zoning, and Appeals Board Members

[2.  

Introductions of Planning, Zoning, and Appeals Board Members

BOARD MEMBER, PRESSLER. UM HELLO . MY NAME IS RONNY TO PRESSLER. I'M A LONGTIME RESIDENT AND

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BOARD MEMBER. PRESSLER BOARD MEMBER ON SAGER. YES THANK YOU VERY MUCH. UM I'VE LIVED IN INDIAN TOWN NOW SINCE 2019 ON A HOME ON CANAL ROAD. UM AND I'VE BEEN A REALTOR FOR 22 YEARS. I'M LICENSED BROKER IN THREE STATES ORDER TORTURE NORTH CAROLINA. I'M ALSO AN INVESTMENT BROKER.

UM I AM ALSO A GRADUATE OF THE UNIVERSITY OF FLORIDA WITH A COMMUNICATIONS LEADERSHIP DEVELOPMENT DEGREE. WITH A MINOR AND AGRICULTURAL LAW, SO I AM VERY EXCITED TO SIT ON THE BOARD AND SEE HOW WE CAN IMPROVE INDIAN TOWN FOR EVERYONE. THANK YOU SO MUCH. YOU READY FOR A MEMBER WILLIAMS. GOOD EVENING. MY NAME IS MILTON WILLIAMS. RETIRED SCHOOLTEACHER. IN THIS COUNTY. TOP OF 35 YEARS. BETWEEN THE TWO SCHOOLS. I'VE BEEN RETIRED NOW ABOUT 13 YEARS. AND MY WIFE ROSA IS WITH ME. THANK YOU SO MUCH. WELCOME MISS ROSA. ALRIGHT MY NAME IS VERNON STEEN WILLIAMS. PALMER. UM I AM, UH, SUPPORT FACILITY. SC SUPPORT FACILITATOR FOR PALM BEACH PREPARATORY CHARTER ACADEMY. I HAVE A MESSAGE DEGREE IN EDUCATIONAL LEADERSHIP, AND I HAVE A BACHELOR'S AND, UM ORGANIZATION MANAGEMENT, UM, HEALED FROM BROWARD COUNTY, UH, BEEN ON LEGAL AID BOARD BOARD OF DIRECTORS, UM, FOR DIFFERENT, DIFFERENT ENTITIES AND I ENJOYED BEING ON THE BOARD BECAUSE WE HAVE LEARNED SO MANY THINGS, AND I LOOK FORWARD TO SURVEY ON THE BOARD WITH EACH ONE OF YOU AND SERVING OUR COMMUNITY. THANK YOU. BOARD MEMBERS OF HIKE. OH I'M SORRY. HEY, BOARD MEMBERS OF HIGH YET HEY, EVERYBODY. THANKS FOR LETTING ME ATTEND. REMOTELY HERE. I'M A LAWYER, BROKER AND PART OF THE DEVELOPMENT TEAM AND , UH, PROUD TO BE A PART OF INDIAN TOWN. THANK YOU FOR EVERYBODY ALWAYS WELCOMING ME, AND IT'S AN HONOR TO SERVE WITH EVERYBODY HERE ON THE SPORT. THANK YOU. I'M BOARD MEMBERS SAID HI YET. OKAY UM, WE NEED APPROVAL, AND I'M SORRY. OKAY WE DID THAT APPROVAL OF AGENDA. SOMEONE TO MAKE A MOTION AND A

[APPROVAL OF AGENDA ]

YES BOARD MEMBER ON SOCCER? YES, MEMBERS OF HAYEK. BOARD MEMBERS TO HIKE. YES. THANK YOU. BOARD MEMBER WATSON. YES. REMEMBER? WILLIAMS? YES. VICE CHAIR. MILEY YES. CHAIR. PALMER. YES. THANK

[APPROVAL OF MINUTES]

REMEMBER PRESSLER. YES FOREIGN MEMBER ON SOCCER? YES BORN MEMBERS, A HAYEK. YES. BOARD MEMBER WATSON MEMBER WILLIAMS. YES MILEY YES. PALMER? YES. OKAY REGULAR AGENDA ITEM FOUR

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Election of Chair

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[5.  

Election of Vice Chair

PALMER. YES. ITEM SIX REVIEW AND DISCUSSION OF PC. A BOY BOARD, UM, FOR RULES AND PROCEDURES.

[6.  

Review and Discussion of PZA Board Rules and Procedures

WE HAVE A SLIDE JENNIFER WITH THE PRESENTATION, PLEASE. WHAT I HAD TONIGHT IS A PRESENTATION ABOUT 15 SLIDES. IT GOES OVER THE ADOPTED RULES AND PROCEDURES FOR THIS BOARD. THIS PRESENTATION WAS PREVIOUSLY GIVEN TO THE BOARD IN APRIL THIS YEAR. NEXT SLIDE, PLEASE. YOU REFERRED TO AS A ZONING BOARD BECAUSE MANY OF YOUR CASES ARE ZONING APPLICATIONS. THERE'LL BE OTHERS FOR THE CONFERENCE THAT PLAN TO AMEND AND SO FORTH, BUT THIS CALLS YOU THE ZONING BOARD.

AS ONLY OF AWARDS MUST FOLLOW STATE LAWS. THEY MUST FOLLOW CASE LAWS ESTABLISHED BY THE COURT SYSTEM. AND THEY MUST FOLLOW. THE LOCAL ZONING ORDINANCES HAVE BEEN ADOPTED BY THE VILLAGE COUNCIL. THE ZONING BOARD APPLIES HIS LIVES, TOO. FACTUAL SITUATIONS AND MAKE QUASI JUDICIAL DECISIONS. THOSE DECISIONS REQUIRE MORE FORMAL PROCESS OF SWEARING OF WITNESSES AND HEARING TESTIMONY. THE PUBLIC HEARINGS. AND YOU MUST APPLY THE LAWS AS WRITTEN. YOU MUST FATHER CODE NEXT SLIDE, PLEASE. THIS DISCUSSION AT THE WORKSHOP DOESN'T REQUIRE ANY FORMAL ACTION. YOU'RE FREE TO ASK QUESTIONS AS I GO ALONG. IF THE BOARD DESIRES CHANGES TO THE PROCEDURES. THEY HAVE TO BE CONSIDERED AS AN AMENDMENT TO THE ADOPTED PROCEDURES. NEXT SLIDE, PLEASE. DID ON TURNING THE AUTHORITY AND POWERS OF THE BOARD. NEXT SLIDE, PLEASE. THE MAIN PURPOSE OF THE BORDERS TO MAKE RECOMMENDATIONS TO THE VILLAGE COUNCIL. SOME OF THESE RECOMMENDATIONS ARE PART OF THE COMPREHENSIVE PLAN AMENDMENTS. AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS. PROPERTY RESILIENCE TO THE ZONING MAP. MAJOR DEVELOPMENT SITE PLANS. CONDITIONAL USES. WITH THREE USES THAT MAY BE ALLOWED UNDER CERTAIN CONDITIONS. AND THE VACATION AND DEDICATION OF PUBLIC RIGHTS AWAY. THESE ARE THINGS THAT BOARD WOULD CONSIDER AND RECOMMENDED THE COUNCIL FOR THEIR FINAL DECISION. NEXT SLIDE, PLEASE. YOU ALSO HAVE FINAL DECISION MAKING AUTHORITY IN SEVERAL TYPES OF

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THERE'S SEVEN MEMBERS OF FOUR MEMBERS WILL BE A QUORUM. TO THE BOARD. THERE'S AN AGENDA THAT'S A PUBLISHED FOR THE MEETINGS. THERE ARE REGULAR MEETINGS. THERE ARE SPECIAL MEETINGS OF THE CHAIRPERSON OR STAFF. ME CALL THEY'RE ALL PUBLIC MEETINGS OPEN TO THE PUBLIC. AND WE DO HAVE PLANNING SESSIONS WITH THE BOARD MAY HAVE WERE INFORMAL PLANNING TYPE DISCUSSION. AND WE SHOULD HAVE A PUBLIC HEARINGS AS WELL AS ANOTHER TYPE OF MEETING THAT THE BOARD WOULD HOLD. NEXT FLIGHT, PLEASE. THE ACTIONS OF THE BOARD OF ALL OFFICIAL RECORDS OF THE VILLAGES, ACTION ON APPLICATIONS. UH, SO ALL THE DOCUMENTS SUBMITTED THE BOARD. THE MEETINGS ARE RECORDED.

THERE'S MINUTES OF THE DISCUSSION. THAT BECOMES A PART OF THE OFFICIAL RECORD FOR EACH APPLICATION. WE RECORD THE VOTE . WE RETAIN THE FILES THAT VILLAGE CREATES. AND THESE ARE ALL PUBLIC RECORDS FOR THE PUBLIC TO VIEWERS THEY WOULD SO DESIRE. NEXT SLIDE, PLEASE.

PROCEDURES FOR APPLICATIONS. EACH APPLICATION IS A WRITTEN REQUEST. WE DON'T TAKE VERBAL REQUESTS FOR DEVELOPMENT REVIEW. THERE'S A SCHEDULE TWO GO BEFORE COUNCIL. WE HAVE INSTRUCTIONS FOR FOLLOWING THAT SCHEDULE. THEY MUST SUBMIT SUPPORTING INFORMATION TO SUPPORT THROUGH APPLICATION. AND FINALLY, AFRICAN MAY WITHDRAW THEIR APPLICATION. IF THEY FEEL THERE'S BEEN A CHANGE IN THEIR CIRCUMSTANCES. NEXT SLIDE, PLEASE. HERE IS THE DECISIONS.

THE AGENDA DESCRIBES THE ORDER OF THE BUSINESS OF THE BOARD POLICY AGENDA EVERY TIME THERE'S A PRESENTATION OR HEARING OF APPLICATIONS. FOR EACH AGENDA ITEM. BOARD MAKES EMOTION. TO APPROVE, DENY OR TABLE AND APPLICATION. AND A BOARD MEMBER THAT MAY HAVE A CONFLICT WITH THE APPLICANT. CAN DISQUALIFY THEMSELVES FROM BODY ON THAT AGENDA ITEM. NEXT FLIGHT, PLEASE. SORT OF OCCASION AMENDMENTS. THESE RULES WERE ADOPTED BY THE BOARD AS THE OFFICIAL RULES OF THIS PLANNING BOARD. HOW DOES A CLAUSE THAT REPEALS THE PREVIOUS RULES FOR THE BOARD? AND THE BOARD WANTS TO ADOPT THE AMENDMENT ADOPTED RULES. YOU CAN'T DO SO.

APPOINTMENT PROCESS. AND THAT'S MOST PRESENTATION, MADAM CHAIRPERSON TO ADDRESS ANY QUESTIONS YOU WANT TO HAVE. THANK YOU. THANK YOU. I APPRECIATE IT. NOW WE'LL HAVE OUR ETHICS AND SUNSHINE FLORIDA SUNSHINE PRESENTATION BY VILLAGE ATTORNEY INVOLVED. THANK YOU, MADAM CHAIR. GIVE ME JUST ONE SECOND AND GET MY CLICKER WORKING, OKAY? SO WE'RE TAKING A STATION BREAK. I DON'T KNOW. ONLY TAKE ONE SECOND. COULD YOU PACK FOR ONE MOMENT TO ONE OF THESE, UM ONE OF YOUR SLIDES AND TALK A LITTLE BIT ABOUT LIKE VESTED RIGHTS, ELABORATE ON THAT A LITTLE BIT. EXAMPLE MIGHT BE A PLANTED PIECE OF PROPERTY DEVELOPER OF PLANTS THEIR PROPERTY. THE ONLY CODE IS AMENDED WHEREBY THERE IS NO LONGER PERFORMING WITH THE CODE.

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ONE EXAMPLE OF THE VESTED RIGHT I'M NOT AN ATTORNEY, BUT YOU CERTAIN THINGS THAT ESTABLISHES YOUR RIGHT TO DEVELOP UNDER THE CURVE CODE. TO THE CODE MAKE CHANGE IN THE FUTURE. BUT YOUR BEST TO USE THE EXISTING REGULATIONS OF TIME. TOOK ACTION TO ESTABLISH HIS RIGHTS. PILLS OFTEN CHANGED OVER TIME. USE THE CURRENT CODE. YOU'RE KIND OF VESTED. USE THAT CODE.

DEFINITELY SO SPEAK. THAT ANSWER YOUR QUESTION, OR IS IT SIMILAR TO BEING GRANDFATHERED IN ON THE PREVIOUS CODE? IS THAT WHAT YOU'RE SAYING? OKAY GRANDFATHERED IN YOUR GRANDFATHER IN ON THE FORMER CODE. THERE YOU GO. THANK YOU. UH, THANK YOU. I COULD GET IN THE WEEDS ON THAT. THAT'S NOT WHAT WILL. BOARD MEMBERS. GOOD EVENING. AS MOST OF YOU KNOW, I

[7.  

Ethics and Florida Sunshine Presentation by Village Attorney Vose

THE SUNSHINE LAW APPLIES TO YOU ALL, JUST AS MUCH AS IT APPLIES TO AN ELECTED BOARD, LIKE THE VILLAGE COUNCIL. THE GENERAL RULE AND AGAIN I'M SPEAKING, VERY GENERALLY WILL GET INTO SPECIFICS. THE GENERAL RULE OF SUNSHINE LAW IS IT ALL MEETINGS AT WHICH OFFICIAL ACTS ARE TAKEN OR PUBLIC BUSINESS IS TRANSACTED OR DISCUSSED HAVE TO BE OPEN AND NOTICE TO THE PUBLIC. ALL RIGHT NOW WE'RE GOING TO BREAK DOWN THE SPECIFICS OF WHAT THE STATUTE REQUIRES. THE SUNSHINE LAW APPLIES TO ANY MEETINGS. AND WE'RE GOING TO TALK ABOUT WHAT A MEETING IS. THERE ARE A BUNCH OF GOOD MEETINGS THAT COMPLY WITH THE LAW AND BAD MEETINGS THAT DON'T ANY MEETING BETWEEN TWO OR MORE MEMBERS OF THE SAME BOARD. VERY IMPORTANT HERE, OKAY? BECAUSE I GET THIS QUESTION ALL THE TIME. I GET AN INDIAN TOWN ALL THE TIME. UM HEY, I'M ON THIS BOARD. I WANT TO TALK TO THE VILLAGE COUNCIL MEMBER ABOUT SUCH AND SUCH OR I'M ON THIS BOARD. I WANT TO TALK TO SOMEBODY ELSE ON A DIFFERENT BOARD ABOUT SOMETHING I ALLOWED TO DO THIS SUNSHINE LAW PROBLEM.

THERE IS NO SUNSHINE LAW PROBLEM ENDED UP ITSELF. FOR A MEMBER OF ONE BOARD TO TALK TO A MEMBER OF

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THE EVIDENCE THAT REPRESENTED IN THE MEETING HERE IN THIS ROOM, OKAY? AND THE LAW THE CODE OF ORDINANCES, THE L D. R S COMPREHENSIVE PLAN, AND SO ON. SO IN THOSE INSTANCES, YOU HAVE TO BE VERY CAREFUL ABOUT WHAT ARE CALLED EX PARTE COMMUNICATIONS. ALRIGHT, THEY'RE PERMITTED. KEEP IN MIND YOU'RE GOING TO HAVE TO DISCLOSE THEM. SO IF IT COMES TO BE YOU TALK TO A VILLAGE COUNCIL MEMBER ABOUT SOMETHING THAT COMES BEFORE YOU. YOU'RE GONNA HAVE TO DISCLOSE THAT YOU HAVE THAT CONVERSATION. WHO YOU HAD WITH AND WHAT WAS THE SUBSTANCE OF IT, SO JUST KEEP THAT IN MIND. TWO MORE MEMBERS MEETING BETWEEN TWO OR MORE MEMBERS OF THE SAME BOARD.

WHEN DISCUSSING MATTERS THAT MAY FORESEEABLY COME BEFORE THAT BOARD. ALL RIGHT. AND WHAT DOES THAT MEAN? IN THE CONTEXT OF THE P C, A. B. WHAT IT MEANS IS YOU DO NOT NEED TO IF YOU SEE EACH OTHER IN THE SUPERMARKET DOWN HERE. IF YOU SEE EACH OTHER IN THE AL, YOU DO NOT NEED TO RUN THE OTHER WAY. ALL RIGHT. IT IS NOT ILLEGAL FOR YOU TO BE SEEN TOGETHER OR ANYTHING LIKE THIS.

YOU CAN TALK ABOUT THE WEATHER. YOU CAN TALK ABOUT NATIONAL OR STATE POLITICS. UH, YOU TALKED ABOUT THE FLORIDA GATORS. MHM. YOU CAN TALK ABOUT ALL MANNER OF THINGS. BUT WHEN IT COMES TO PISA, BABY YOU NEED TO THINK ABOUT WHAT IS WITHIN THE SCOPE AND AMBITION OF WHAT YOU DO.

WHAT DECISION MAKING YOU DO ANYTHING HAVING TO DO? WITH ANY SORT OF DEVELOPMENT PLANNING ZONING, EVEN IN THE BROADER SENSE, I REALLY RECOMMEND ON THESE THINGS TO KEEP A WIDE BERTH. UH ON IT SO THAT YOU DON'T HAVE TO WORRY ABOUT CONCERNS OR ACCUSATIONS OR ANYTHING ON THIS. ANYTHING HAVING TO DO WITH DEVELOPMENT, PLANNING OR ZONING WITHIN THE VILLAGE. I WOULD RECOMMEND DON'T HAVE DISCUSSIONS AMONG YOURSELVES AMONG TWO OR MORE OF YOURSELVES OUTSIDE. OF A NOTICE PUBLIC MEETING ONE THAT'S GOING TO COMPLY WITH EVERYTHING WE TALKED ABOUT. OKAY CAN YOU BRIEFLY TALK ABOUT CONDUITS? IT'S GOT IT ON THE SLIDE. SO, UL RIGHT NOW, WHAT IS A MEETING UNDER THE SUNSHINE LAW? THIS IS AN EASY EXAMPLE. THIS IS A MEETING HERE. ALRIGHT SO THE CITY COMMISSION MEETING VILLAGE COUNCIL MEETING PCB BOARD MEETING THAT WAS SET UP IN HERE AND SO ON. WORKSHOPS ARE ALSO MEETINGS. ALRIGHT SO WE USE A WORD, SO IT'S A WORKSHOP. IT'S NOT A MEETING. WORKSHOPS OR MEETINGS UNDER THE SUNSHINE LAW WORKSHOP IS JUST A TERM WE USE TO COMMUNICATE TO THE PUBLIC IN EACH OTHER TO SAY, HEY, WE'RE NOT GOING TO BE MAKING ANY FINAL DECISIONS HERE AND WE MIGHT BE DOING IT A LITTLE BIT MORE INFORMAL, BUT IT'S A MEETING OF THE SUNSHINE LAW. OTHER TYPES OF MEETINGS IN THE SUNSHINE LAW.

THESE ARE BAD MEETINGS. THESE ARE MEETINGS THAT CANNOT COMPLY WITH THE RULES. I'M ABOUT TO TELL YOU, YOU HAVE TO COMPLY WITH TO SATISFY THE SUNSHINE LAW. TELEPHONE CALLS OR TEXT MESSAGES BETWEEN EACH OTHER. OKAY? EMAILS OR OTHER WRITTEN CORRESPONDENCE BACK AND FORTH BETWEEN EACH OTHER. ALL RIGHT, AND WHAT WE'RE TALKING ABOUT IS TELEPHONE CALLS OR TEXTS OR EMAILS. BETWEEN TWO OR MORE BOARD MEMBERS TALKING ABOUT MATTERS THAT MAY FORESEEABLY COME BEFORE THE BOARD. OKAY? THE THIS THESE ARE THINGS YOU CANNOT DO. I MEAN, TAKE IT A LITTLE BIT FURTHER HERE. GET A LITTLE BIT MORE TECHNOLOGICALLY ADVANCED. YOU DON'T SEE IT UP HERE, BUT IT'S THE NATURAL IMPLICATION OF IT. FACEBOOK. FACEBOOK IS, UH, POSES NOTORIOUS ISSUES FOR THE SON SHOT LAW, OKAY? I AM NOT GOING TO TELL YOU THAT IT IS AGAINST THE SUNSHINE LAW VIOLATION OF SUNSHINE LAW FOR YOUTUBE POST YOUR OPINION ON SOME MATTER ON FACEBOOK, OKAY.

CONCERNING MATTERS, I WILL CAUTION YOU ON MATTERS THAT ARE QUASI JUDICIAL ONES WHERE YOU'RE SUPPOSED TO BE MAKING THE DECISION IN THE ROOM BASED ON THE EVIDENCE THAT'S PRESENTED IN THE ROOM AND THE LAW. YOU SHOULD NOT BE POSTING ON FACEBOOK. I'M AGAINST THIS PROJECT EVEN BEFORE YOU'VE HEARD THE EVIDENCE, OKAY? YOU KNOW, WE'RE HUMAN BEINGS. WE HAVE THINGS IN OUR HEADS.

WHATEVER DON'T SHARE PUBLICLY, DON'T MAKE IT EASY FOR SOMEBODY TO CHALLENGE SOME DECISION WE MAKE ALRIGHT, BUT GENERALLY, IF IT'S SOME POLICY THING, YOU'RE GONNA CHANGE THE L D. ARE YOU GOING TO CHANGE THE COMPLAINT? YOU CAN CHANGE WHATEVER IT IS PERMISSIBLE FOR YOU TO PUT THAT ON FACEBOOK. WHAT WHERE WE START TO GET INTO ISSUES IS PCB MEMBER POSTS ON FACEBOOK? MM HMM. AND THEN LET'S SAY TWO OR MORE BOARD MEMBERS HAVE TO BE FACEBOOK FRIENDS. THERE IS NO PROBLEM IN

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PROBLEM COMES WE HAVE ANOTHER PC AP MEMBER SEE THAT AND GET ON IN RESPONSE AND SAY NO, I DISAGREE . I THINK WE HAVE TO CHANGE THE L. D. R S THIS WAY. AND NOW WHAT HAVE WE HAD? WE'VE HAD A DISCUSSION. WE'VE HAD A BACK AND FORTH, OKAY? AND THAT'S WHERE WE START RUNNING AFOUL OF THE SUNSHINE LAW. SO MY RECOMMENDATION TO YOU IS DO NOT MY TELEPHONE CALLS OR TEXT MESSAGES OR BY EMAILS OR ANYTHING IN WRITING, INCLUDING FACEBOOK. HAVE ANY SORT OF COMMUNICATION BACK AND FORTH ON ANY MATTER THAT MAY FORESEEABLY COME BEFORE PC A BIT. AND THIS MEETING'S BAD MEETINGS ALSO INCLUDE INFORMAL DISCUSSIONS OR DELIBERATIONS. WHAT AM I REFERRING TO HERE? I'M TALKING ABOUT PARKING LOT LOBBY. OKAY I'M TALKING ABOUT PARKING LOT CHATS. AFTER THE VOTE. ALL RIGHT. I WILL TELL YOU THAT IT'S BORN OUT HERE AN INDIAN TOWN AND IT BEARS OUT EVERYWHERE. I GET IT ALL THE TIME. PEOPLE SAY OH, HEY, WE JUST HAD THIS REALLY CONTROVERSIAL DECISION. VOTE. WHAT HAVE YOU WERE DONE WITH THAT RIGHT? WE CAN GO OUT AND WE CAN HAVE A BEER AND WE CAN TALK ABOUT THAT BECAUSE IT'S DONE. ONE OF THE MOST COMMON AND FORESEEABLE. MATTERS THAT COULD EVER COME BEFORE. THIS PC? A B. IS A MATTER THAT ALREADY HAS COME BEFORE YOU AND IT'S COMING FOR SOME FURTHER STEP OR CHANGE OR ANYTHING LIKE THAT. SAY THAT WITH ANY MULTIPHASE PROJECT LOOK AT TERRA LAGE. OKAY YOU ALL SHOULD NOT BE DISCUSSING ANYTHING ABOUT TERRA LAGO AMONGST YOURSELVES FOR THE NEXT 7 TO 10 YEARS AS IT DEVELOPS THAT, OKAY, EVEN IF ONE STEP IS APPROVED. ANY QUESTIONS ABOUT THAT SO FAR, AND BY THE WAY, I KNOW IT SEEMS LIKE I SPEND A LONG TIME ON ONE SLIDE. I COULD TEACH THE WHOLE THING FROM THAT ONE SLIDE, SO, BUT WE'RE GONNA BUZZ THROUGH SOME OTHER PIECES HERE NOW. TALK ABOUT WHAT? YOU SHOULDN'T DO WHAT THE DIFFERENT ELEMENTS ARE. HOW DO WE COMPLY WITH THE SUNSHINE LAW. WHAT ARE THE THINGS WE HAVE TO DO TO MAKE SURE WE'RE DOING SOMETHING IN A SUNSHINE COMPLIANT WAY. FIRST MEETINGS OF PUBLIC BOARDS OR COMMISSIONS MUST BE OPEN TO THE PUBLIC. IF FOLKS WANT TO COME IN AND SIT AND LISTEN TO HAVE TO ALLOW THEM TO, SO NO LOCKING DOORS AND SAYING YOU CAN'T COME IN LIKE THEY DIDN'T SEBASTIAN A COUPLE OF YEARS AGO, AND ALL THOSE FOLKS GOT ARRESTED. MM HMM. REASONABLE NOTICE OF THE MEETINGS MUST BE GIVEN ALL RIGHT. NOW FOLKS GIVE ME ALL SORTS OF DIFFERENT THINGS. OH THEY'VE GOT TO BE, UH, YOU KNOW , IT'S GOT TO BE 14 DAYS OR IT'S GOT TO BE SEVEN DAYS OR IT'S GOT TO BE WHATEVER THE STATUE AND THE CASE, LAW SAYS. IT'S GOT TO BE REASONABLE NOTICE NOW. WHAT'S REASONABLE? REASONABLE NOTICE WHEN A HURRICANE IS COMING AT YOU AND THE WINDS ARE ABOUT TO PICK UP TO SOMETHING DANGEROUS IN ABOUT 12 HOURS. THREE HOURS NOTICE OF A MEETING. SO LONG AS YOU'RE CONTACTING THE MEDIA AND SAYING, HEY, WE'RE GOING TO HAVE THIS EMERGENCY MEETING ON. WE'RE ONLY GOING TO DEAL WITH THIS AND SO ON. THAT IS PERFECTLY REASONABLE UNDER THE SUNSHINE LAW. BUT IF YOU HAVE SOME UM, DECISION ON SOME DEVELOPMENT PROJECT THAT'S BEEN IN THE WORKS FOR MONTHS, GIVING 48 HOURS NOTICE FOR THAT IS NOT GONNA WORK. OKAY? IN ADDITION, MOST OF THE THINGS THAT COME BEFORE YOU ACTUALLY HAVE ADDITIONAL NOTICE REQUIREMENTS. THEY HAVE ADVERTISEMENT REQUIREMENTS IN THE PAPER AND SO ON. THIRD MINUTES OF MEETINGS MUST BE PROMPTLY TAKEN MUST BE TAKEN PROMPTLY RECORDED AND OPEN TO PUBLIC INSPECTION. ALRIGHT FORTUNATELY, THAT'S ALL HANDLED BY STAFF. FORTUNATELY TOO IF YOU COMPLY WITH THE SUNSHINE LINE, YOU DO IT RIGHT. YOU HAVE DISCUSSIONS ABOUT MATTERS OF MAY FORESEEABLY COME BEFORE YOU. IN THESE MEETINGS. STAFF IS MAKING SURE ALL THREE OF THESE ELEMENTS ARE HANDLED AND YOU DON'T HAVE TO WORRY ABOUT IT. AND AS WE MENTIONED, ADVISORY BOARDS ARE SUBJECT TO THE SUNSHINE LAW, JUST THE SAME AS ELECTED BOARDS, EVEN IF YOUR JUST MAKING A NONBINDING RECOMMENDATION. I'VE GOTTEN THAT TO FOLKS SAY, OH, WELL, YOU KNOW, IT'S THERE JUST ADVISORY THAT THE VILLAGE COUNCIL OF THE CITY COUNCIL CAN CHANGE. IT DOES NOT MATTER STILL SUBJECT TO THE SUNSHINE LAW. NOW. SUSAN ASKED ME TO TALK ABOUT CONDUITS. THIS IS VERY IMPORTANT POINT. THE LAW DOES NOT ALLOW US TO DO INDIRECTLY WHAT WE CANNOT DO DIRECTLY. WHAT DO I MEAN BY THAT? IT MEANS THAT YOU CANNOT USE A GO BETWEEN OKAY , OR YOU SHOULD NOT ALLOW A GO BETWEEN OR PARTICIPATE IN A GO BETWEEN PASSING MESSAGES BETWEEN YOU ALL ABOUT MATTERS THAT MAY

[00:35:02]

MEMBER OF THE PUBLIC OR BUDDY OF YOURS. FRIEND OF YOURS COMES TO YOU. AND STARTS TO SAY HEY, WANT ME TO GO TELL AH, COUNCIL MEMBER OR YOUR BOARD MEMBER, SO AND SO THAT YOU'LL SUPPORT THIS THING.

WHENEVER ANYONE STARTS TALKING TO YOU ABOUT TELLING YOU INFORMATION ABOUT HOW SOME OTHER BOARD MEMBERS THINKS ABOUT SOMETHING HE'S GOING TO VOTE ON SOMETHING ANYTHING LIKE THAT. I URGE YOU IN THE STRONGEST TERMS TO IMMEDIATELY IN THE MIDDLE OF THE CONVERSATION MIDSENTENCE.

CALL TIME OUT. SAY HEY, I CAN'T TALK ABOUT THAT. I DON'T WANT TO HEAR ABOUT THAT. JUST CHANGE YOURSELF. YOU HAVE TO BE RUDE ABOUT IT. JUST CHANGE THE SUBJECT. BECAUSE MOST FOLKS AREN'T DOING IT MALICIOUSLY. THEY DON'T THINK ABOUT THESE THINGS JUST CHANGE THE SUBJECT.

UM. AND ONE THING I WILL WARN YOU ABOUT AND MY SHORT VERSION. I DON'T THROW ORLANDO AND ORANGE COUNTY WHERE I'M FROM UNDER THE BUS TO TOO OFTEN, BUT I'VE GOT A MILLION STORIES OF THANKS.

THAT'LL CURL YOUR HAIR. BUT THERE WAS AT LEAST ONE INSTANCE ONE THING YOU GOT TO KEEP IN MIND. THESE CONDUITS, PARTICULARLY SOMEONE IS COMING TO YOU AND TRYING TO DO THIS INTENTIONALLY TRYING TO PASS NOTES BETWEEN BOARD MEMBERS. THEY CANNOT GET IN TROUBLE. THE CONDUIT ITSELF. THE CONDUIT THEMSELVES CANNOT BE PROSECUTED FOR VIOLATION OF THE SUNSHINE LAW. WE HAD SOMEBODY UP IN ORANGE COUNTY WHO AGREE GIS LEE WAS DOING THIS AND STATE ATTORNEY UP THERE TRIED TO PROSECUTE THEM. COURT THREW IT OUT AND SAID NOPE. THEY HAVE A FIRST AMENDMENT RIGHT TO GO AND SAY WHATEVER THEY WANT TO THESE OTHER PEOPLE. YES THE LAW BINDS THE PUBLIC OFFICIALS AND YOU ALL ARE PUBLIC OFFICIALS SUBJECT TO THE SUNSHINE LAW, SO DO NOT PARTICIPATE IN IT. THESE ARE THINGS AGAIN THAT ARE HANDLED WELL BY STAFF IN OUR IN OUR REGULARLY SCHEDULED MEETINGS, AND SO ON FOR A MEETING TO BE OPEN TO THE PUBLIC, THE LOCATION AS THE ACCESSIBLE HAS WE HAVE ADEQUATE SIZE AND OBVIOUSLY WE CAN'T DISCRIMINATE AGAINST A RESTRICT ACCESS TO THE PUBLIC. THIS IS NORMALLY EASY. GOT A LITTLE BIT MORE COMPLICATED DURING COVID AS YOU CAN IMAGINE , BUT WE ALL DID OUR BEST TO WORK THROUGH IT. UM GENERALLY THERE WILL NUMBER OF ATTORNEY GENERAL OPINIONS WHERE IN SOME PLACES FOLKS TRIED TO HAVE MEETINGS IN PRIVATE HOMES OR IN RESTAURANTS WHERE EVERYBODY WAS BUYING MEALS AND SO ON. THESE THINGS ARE FROWNED UPON SO HAVING PUBLIC MEETINGS IN PRIVATE HOMES AND SO ON, NOT SOMETHING THAT THE ATTORNEY GENERAL APPROVES UP. ONE THING TO KEEP IN MIND AS WELL IS IN ANY OF OUR MEETINGS HERE. IT IS A RIGHT OF THE PUBLIC, UM, TO ENGAGE IN NON DISRUPTIVE PHOTOGRAPHY, VIDEO VIDEOGRAPHY AND TAPE RECORDING. OKAY SO IF SOMEBODY COMES IN AND THEY WANT TO SIT HERE AND VIDEOTAPED THE ENTIRE THING, ABSOLUTE RIGHT TO SO LONG AS THEY'RE NOT BEING DISRUPTED. ONE LAST PIECE ON THE REQUIREMENTS OF SUNSHINE LAW. THERE'S A NEW SECTION THAT WAS ADDED I SAY NEW I'VE BEEN DOING THIS PRESENTATION FOR SO LONG WAS BACK IN 2013. I STILL THINK OF IT AS NEW. UM THERE IS NOW WITHIN THE STATUTE A RIGHT TO PUBLIC COMMENT. ALL RIGHT. WHY DID THE LEGISLATURE FELT THE NEED TO ADD THIS? I DON'T KNOW, BECAUSE JUST ABOUT EVERY JURISDICTION, I KNOW ALLOWS PUBLIC COMMENT ON MOST EVERYTHING. MOST OF THE THINGS YOU ALL HAVE OUR PUBLIC HEARINGS , WHICH MEANS IT'S BUILT INTO IT. YOU'RE GOING TO LISTEN TO THE PUBLIC ANYWAYS. IN ANY EVENT , UM, AFTER ALLOW PUBLIC COMMENT , WE DON'T NEED TO GET TOO MUCH INTO THE WEEDS OF THAT. IT DOES NOT. RESTRICT THE CHAIR FROM MAINTAINING ORDERLY CONDUCT OR PROPERTY COURT IF SOMEBODY GOT UP AND STARTED GETTING VIOLENT STARTED, UH, SCREAMING AND YELLING OR CURSING OR ANYTHING LIKE THAT. THAT THE CHAIR IS ALLOWED TO DEAL WITH THAT APPROPRIATELY, THERE WAS ACTUALLY JUST A FEDERAL APPELLATE CASE THAT CAME DOWN TWO WEEKS AGO FROM FLORIDA THAT AFFIRM THAT. UM WE'RE ALLOWED TO HAVE TIME LIMITS ON PEOPLE SPEAKING AND THINGS LIKE THAT AS WELL NOW. WHY DO WE COMPLY WITH THE SUNSHINE LAW? OBVIOUSLY, WE WANT TO FOLLOW THE LAW, RIGHT? THERE ARE ALSO PENALTIES ALRIGHT? ANY MEMBER OF A BOARD OR COMMISSION OR ANYBODY SUBJECT TO THE SUNSHINE LAW, WHO KNOWINGLY VIOLATES SUNSHINE LAW IS GUILTY OF A MISDEMEANOR IN THE SECOND DEGREE. I'VE HEARD FOLKS SAY, A MISDEMEANOR AND SECOND DEGREE THAT'S NOT MUCH OF ANYTHING, WHATEVER. I'LL TELL YOU, IT'S ALL FUN AND GAMES UNTIL YOU GET THAT CALL FROM AN INVESTIGATOR FROM THE STATE ATTORNEY'S OFFICE. AND THEN ALL

[00:40:04]

VERY IMPORTANT, VERY IMPORTANT FOR EACH OF YOU, EMAILS. ARE PUBLIC RECORDS. IT SEEMS OBVIOUS , BUT I WANT TO REINFORCE IT AND EVERYBODY'S HEADS BECAUSE SO MUCH OF GOVERNMENT IS DONE ON EMAIL, OKAY? UM SO. THE THING TO KEEP IN MIND. THIS IS JUST PRACTICAL STUFF HERE AND SUSAN REMIND ME WHAT ARE BEST PRACTICES ON IT WHEN YOU RECEIVE EMAILS OKAY FROM THE PUBLIC AS YOU WILL. HAVE SOME CONTROVERSIAL THINGS, SOMETHING OF GREAT INTEREST AND SO ON.

THEY'RE WRITING YOU TO URGE YOU ABOUT FOUR THINGS VOTE AGAINST THE THING. WHAT HAVE YOU THOSE EMAILS THAT YOU RECEIVE OUR PUBLIC RECORDS. ALL RIGHT NOW WE'RE GONNA TALK ABOUT WHAT YOUR OBLIGATIONS ARE ON THAT. BUT THE REAL OF SHORT VERSION IS WE HAVEN'T THE VILLAGE HAS AN

[00:45:05]

A B. OKAY? MEMBER I SAID IN THE SUNSHINE LAW IS NOT ILLEGAL FOR YOU TO POST FACEBOOK POST ABOUT YOUR WORK ON THE BABY. IT IS ALSO NOT ILLEGAL TO DO SO UNDER THE PUBLIC RECORDS ACT, HOWEVER.

WHEN YOU MAKE A POST ON FACEBOOK OR WHATEVER SOCIAL MEDIA BUT FACEBOOK'S 99. COMMONLY THE EXAMPLE. WHEN YOU MAKE A FACEBOOK POST ABOUT PZ EIGHT. YOUR WORK ON THE PC ABOARD. THAT POST IS A PUBLIC RECORD. OKAY AND IT GETS COMPLICATED. DEALING WITH THE VILLAGES AND YOUR OBLIGATIONS TO RETAIN. THOSE RECORDS AND MAKE THEM AVAILABLE . 99 OUT OF 100 TIMES. THOSE ARE NEVER GOING TO BE NO ONE'S EVER GOING TO ASK FOR IT. UNTIL SOME VERY CONTROVERSIAL PROJECT COMES THROUGH AND SOMEBODY GETS WIND THAT A MEMBER POSTED SOMETHING ABOUT A PROJECT THAT WAS QUASI JUDICIAL BEFORE IT CAME OUT. HAD THIS HAPPEN IN ANOTHER CITY JUST THREE MONTHS AGO. UM, AND THEN THEY MAKE THE PUBLIC RECORDS REQUEST FOR FACEBOOK POST AND WE HAVE TO GIVE IT TO THEM. OKAY SO IF YOU MAKE A POST ON FACEBOOK BARE MINIMUM. ONCE YOU POST IT. YOU CAN'T DELETE IT UNLESS YOU SOMEHOW RETAIN IT. MY RECOMMENDATION. SCREENSHOTS RIGHT? I WAS ACTUALLY GOING TO JUST SAY THAT MY RECOMMENDATION IS TO TAKE A SCREENSHOT OF YOUR POST AND THEN FORWARDED TO DARE FOR RECORD KEEPING. THAT IS THAT IS THE MOST COMMON PRACTICAL WAY WE DEAL WITH IT. WE DO THE BEST WE CAN WITH PLATFORMS THAT ARE NOT SET UP TO COMPLY WITH THE PUBLIC RECORDS ACT LIKE BASEBALL. NOW IF YOU ARE ON THE TOWN'S WEBSITE, AND YOU POST SOMETHING WE DO ARCHIVE ANYTHING ON THE TOWN'S WEBSITE, BUT ANY OTHER WEBSITE NON TOWN RELATED NON VILLAGE RELATED WE DON'T KEEP THAT. SO AS WE MENTIONED, WE HAVE, UM CERTAIN OBLIGATIONS WHEN WE HAVE PUBLIC RECORDS.

EVERY PERSON HAS CUSTODY OF PUBLIC RECORD SHALL PERMIT THE RECORD TO BE INSPECTED AND COPIED BY ANY PERSON DESIRING TO DO SO AT ANY REASONABLE TIME UNDER REASONABLE CIRCUMSTANCES.

SOUND LIKE A LAWYER WROTE THIS REASONABLE, REASONABLE AND UNDER SUPERVISION BY THE CUSTODIAN OF PUBLIC RECORDS OR CUSTODIANS DESIGNATE. THIS, OF COURSE, CAN BE A VERY TOUCHY ISSUE. IT'S BEEN A TOUCHY ISSUE HERE IN THE VILLAGE. UM, BUT THE THAT LAW CONCERNING REASONABLE TIME. IS BECAUSE I'VE HEARD DIFFERENT THINGS, FOLKS SAY NOT HERE, NECESSARILY, BUT SOMETIMES TO SAY, OH, YOU'VE GOT TO TURN IT OVER IN 48 HOURS, NO MATTER THE SCIENCE, BUT YOU GOT TURNED OVER IN SEVEN DAYS OR 14 DAYS. IT'S NONE OF THOSE THINGS, OKAY? BUT, UM IT IS WHAT IS REASONABLE UNDER THE CIRCUMSTANCES. OKAY HOLD YOUR MICROPHONE. LITTLE CLOSER. SORRY ABSOLUTELY. UM I'M GOING TO GIVE YOU AN EXAMPLE. BECAUSE THIS ACTUALLY THIS, ACTUALLY, UM PLACE THROUGH A COUPLE DIFFERENT THINGS. WE'VE TALKED ABOUT BOTH SUNSHINE LAW AND PUBLIC RECORDS HERE REAL QUICK, GIVING AN EXAMPLE OF A VERY QUICK RESPONSE TO A PUBLIC RECORDS REQUEST. THIS IS JUST TOO PUT THIS IN YOUR HEAD, SO WE NEVER SEE IT IN IN INDIAN TOWN. SO THIS IS ANOTHER CITY THAT MY FIRM REPRESENTS. I WILL NOT NAME NAMES TO PROTECT THE GUILTY, BUT , UM, I HAPPEN TO BE AT THIS MEETING AND THEY JUST HAD A VERY CONTROVERSIAL DECISION. OKAY, VERY CONTROVERSIAL ACTION THAT WAS TAKEN. AND RIGHT AFTER THAT VOTE. ONE OF THE COUNCIL MEMBERS. WROTE A NOTE. OKAY.

[00:50:05]

PASSED IT TO THE MAYOR. OKAY, UE ROOM CAN SEE IT ON CAMERA, RIGHT? JUST KIND OF OSTENTATIOUSLY FAST. IS RIGHT NEAR THE END OF THE MEETING, SO THE MEETING COMES TO THE END.

SUSAN CAN PROBABLY GUESS WHAT'S ABOUT TO HAPPEN. NEXT UM, MEETING COMES TO AN END. WELL, THERE WAS A LOCAL INTERESTED CITIZEN GADFLY, WHATEVER YOU MIGHT CALL HIM IN THE AUDIENCE, AND HE MADE A BEELINE RIGHT TO THE DIOCESE, AND HE SAID I WANT TO SEE THAT NOTE. AND THERE I WAS THE CITY ATTORNEY THERE RIGHT THERE PHYSICALLY WITH THEM. AND THE COUNCIL MEMBER WHO HAD PASSED THE NOTE STARTED TO FREAK OUT. YOU GET WHAT? YOU CAN'T GIVE THAT TO HIM. WHAT? WHAT ARE YOU DOING THIS HEY. WHAT DO WE TALK ABOUT? COMMUNICATE PET, PERPETUATE OR FORMALIZED KNOWLEDGE, RIGHT. FIRST ONE COMMUNICATE. ALRIGHT COMMUNICATE SOMETHING SOMETHING ELSE NOW, BY THE WAY. MIGHT WE HAVE A SUNSHINE LAW PROBLEM THERE. THERE THERE, TOO. IT LOOKS BAD, AT LEAST ON THE SUNSHINE LAW BECAUSE BY THE WAY , THE SUNSHINE LIFE ALSO VERY MUCH FROWNED UPON ACTUALLY PROHIBITS, BUT JUST SAY FROWNS UPON TALKING AMONGST YOURSELVES AT A PUBLIC MEETING WHEN THE PUBLIC CAN'T HEAR YOU. FOR OBVIOUS REASONS. IT'S NO DIFFERENT THAN YOU STEPPING OUT OF THE ROOM AND HAVING A PRIVATE CONVERSATION. SO THAT'S WHY WE ALWAYS WANT TO SPEAK INTO OUR MIX AND SO ON. SO I'LL DO MY BEST ON THAT, TOO. BUT IN THAT INSTANCE WE TALKED ABOUT YOU GOTTA TURN IT OVER IN A REASONABLE TIME. WELL. WHEN IT'S REALLY SHORT AND YOU HAPPEN TO HAVE THE CITY ATTORNEY RIGHT THERE TO REVIEW IT FOR REDACTED BLE, YOU KNOW INFORMATION THAT HAS TO BE RID ACTING. REASONABLE TIME IS RIGHT THEN BECAUSE IT IS NOT JUST TURN IT OVER OR MAKE A COPY OF IT. IT IS INSPECTION OR COPY. ALRIGHT. AND SO THIS COUNCIL MEMBER FREAKED OUT AND I SAID, LET ME LOOK AT IT. AND I READ IT. I SAID NOTHING IS EXEMPT. HE CAN LOOK AT IT. AND HE LOOKED AT IT. AND IT SAID, YOU'RE GOING TO REGRET THAT. AND THAT WAS ON THE FRONT PAGE OF THE PAPER TWO DAYS LATER. DON'T EVER PASS NOTES LIKE THAT.

PLEASE I DON'T EVER WANT TO HAVE TO TELL THAT STORY AGAIN. WAIT DID I ASK QUESTIONS? YES SIR.

ABSOLUTELY AS YOU SAID THE STATUTE READS THAT ANY REASON PERSON MAY ENTER AND ASKED HER ANY REASONABLE TIME TO INSPECT AND OUR COPY RECORDS. IT DOESN'T MEAN THAT WE'RE ASKING THE VILLAGE IN THIS CASE TO TURN THE RECORDS OVER TO US TO PROVIDE THEM TO US, BUT WE'RE ALLOWED AT ANY GIVEN TIME AND A REASONABLE TIME JUST TO INSPECT THOSE RECORDS. WHAT IS A REASONABLE TIME UNDER THAT CIRCUMSTANCE WHERE I WALK IN THE DOOR AND SAY, I WOULD LIKE TO LOOK AT THESE RECORDS. SURE. THE ISSUE COMES AND I'M TRYING TO REMEMBER. I DON'T HAVE THE REDACTION PEACE AND THIS IS MY VERY SHORTENED VERSION OF THIS, UH, POWER POINT, SO I'LL JUST ADDRESS IT DIRECTLY WITHOUT POWER POINT. THE ISSUE COMES PRIMARILY WHEN IT COMES TO JUST COME IN AND SAY, HEY, I WANT TO LOOK AT RECORDS X, RIGHT? I WANT TO LOOK AT RECORDS CONCERNING THIS. THE PRIMARY EVALUATION OF THE CLERK'S OFFICE HAS TO GO THROUGH IS WHAT EXEMPT OR CONFIDENTIAL INFORMATION IS OR REASONABLY COULD BE IN THAT GIVEN FILE. OKAY, SO I WILL TELL YOU E. IF YOU OR ANYBODY WALKED IN AND SAID, I WANT TO LOOK AT THE EMPLOYMENT FILE FOR PERSON X ALRIGHT EMPLOYMENT RECORDS ARE GENERALLY OPEN TO THE PUBLIC. ALRIGHT SEE, YOU ALL KNOW, HOWEVER, EMPLOYMENT RECORDS TEND TO HAVE INTERSPERSED WITHIN IT. A LOT OF EXEMPT OR CONFIDENTIAL INFORMATION HAVE THERE SO SECURITY NUMBER WILL HAVE BANK ACCOUNTS FOR DIRECT DEPOSITS.

IT'LL HAVE PROTECTED HEALTH INFORMATION WILL HAVE ALL MANNER OF DIFFERENT THINGS THAT UH, COULD BE PROTECTED AND SO IN INSTANCE, LIKE THAT SOMEBODY COMES IN AND SAYS, I WANT TO LOOK AT THE EMPLOYMENT FILE FOR EXCELLENT LOOK AT THAT RIGHT NOW. THE PROBLEM WITH THAT TYPE OF FILE IS YOU SAY? I CAN LET YOU INSPECT IT. I NEED TO REVIEW IT FOR REDACTION. FIRST OKAY? AND THE ISSUE IS AND AGAIN I'M JUST MAKING UP THE HYPOTHETICAL HERE. YOU WALK IN, YOU SAY I WANT TO LOOK AT IT. I WANT TO LOOK AT IT RIGHT NOW. IF IT HAPPENED TO BE THAT THE VILLAGE CLERK'S OFFICE DIDN'T HAVE ANYTHING GOING ON THAT THEY WERE WORKING ON RIGHT THEN AND THEY COULD TURN TO IT AND SAY, YEAH, I CAN REVIEW IT FOR REDACTIONS RIGHT NOW. LOOK, LOOK FOR REDACTIONS AND SAID NOPE. DIDN'T SEE ANYTHING NEEDS TO BE REDACTED. OR HERE. LET ME BLACK OUT THESE TWO THINGS ABOUT WHATEVER. AND THEN YOU CAN REVIEW IT. THEN YOU CUT OF COURSE, THAT GETS EXPONENTIALLY MORE COMPLICATED WHEN A REQUEST GETS LARGER TO IT. IT'S THE REDACTION PIECE THAT THAT IS THE COMPLICATING FACTOR FOR THE WALK IN AND LOOK AT IT. DON'T GET

[00:55:03]

SURE LET ME ADDRESS THAT FIRST. AND I APPRECIATE THAT VERY MUCH. AND I THINK YOU'VE HEARD IT FROM THE COUNCIL THAT THE CURRENT ORIENTATION OF THE COUNCIL THAT THAT IS THE DIRECTION THEY'RE GIVING STAFF AS WELL. SO IT SEEMS LIKE A SIMPLE AND, UH BUT WAIT TO ELIMINATE ANY ISSUES WITH THAT IS TO REDACT A COPY IMMEDIATELY AND HAVE THAT SECONDARY REDACTED COPY ON FILE . SO THEY WANT SOMEBODY WALKS IN AND ASKS, THEY DON'T HAVE TO LOOK TO SEE IF THERE'S A REDACTED FILE FOR EACH FILE, AND THOSE ARE AVAILABLE IMMEDIATELY. THAT WOULD BE THE SIMPLEST AND MOST TIME. UH YOU KNOW, WHILE THEY'RE DOING IT JUST WHEN YOU PUT IN A FILE YOU WOULD YOU MAKE A REDACTED FILE? COPY B. GOES INTO THE FILES THAT ARE AVAILABLE FOR THE PUBLIC. I CAN TELL YOU THIS, AND I THINK SUSAN MAY WANT TO ADDRESS SOMETHING TO, UM IT IS. IT IS THE CASE.

THIS HAPPENS WITH THE MEDIA OFTEN, OKAY, BUT YOU HAVE SOMETHING OF PARTICULAR INTEREST AND YOU GET FROM THREE DIFFERENT MEDIA SOURCES. THEY ALL REQUESTS THE SAME FILE. RIGHT UM, IT IS THE CASE THAT ONE COMES IN AND SAYS, HEY, I WANT THIS FILE AND OKAY, THEY DO THE WORK GO THROUGH, AND THEY'VE REDACTED IT AND SO THAT THEY HAVE A REDACTED VERSION, AND THEN THEY GIVE IT TO THAT ONE. MEDIA SOURCE IN THE NEXT MEDIA SOURCE COMES AND SAY, HEY, I WANT THAT FILE. THEY ALREADY HAVE THAT REDACTED VERSION. THEY JUST SENT IT RIGHT ON. OKAY CREATE PREEMPTIVELY CREATING REDACTED VERSIONS OF ALL THE RECORDS IN THE VILLAGE. UM WE WOULD, WE WOULD HAVE TO HIRE THREE NEW VILLAGE CLERKS OFFICES TO DO ALL THAT WORK TO THE VOLUME OF RECORDS IS JUST INSANE. AND WE ARE. WE ARE VERY YOUNG VILLAGE, BUT PRE, UH I'M SPEAKING FROM EXPERIENCE REPRESENTING CITIES AND COUNTIES ALL OVER THE STATE TO I. I APPRECIATE THAT ON ON MATTERS THAT ARE OF THAT BECOME OF GREAT INTEREST THAT PUBLIC RECORDS REQUESTS COME. THAT IS AN EFFICIENCY THAT DOES, IN FACT, ARISED ONCE WE HAVE A REDACTED SET TO SOMETHING EVERYBODY'S ASKING FOR EASY PEASY, YOU KNOW, SEND IT OFF. ONE OF THE OTHER ISSUES THAT WE RUN INTO IS THE ANY AND ALL THAT'S NOT SOMETHING WE CAN REASONABLY PROVIDE RIGHT THERE ON THE SPOT. BECAUSE THAT INVOLVES A VOLUMINOUS RECORDS. IT. IT'S A VERY IT'S A VERY GOOD POINT. BECAUSE DETERMINING WHAT IS RESPONSIVE TO AN IMMEDIATE REQUEST TO LOOK AT IT RIGHT THEN. UM, IS. DIFFICULT THAT'S WHY I WAS USING THE EXAMPLE OF A DISCREET FILE. DISCREET FILE MAKES IT YOU KNOW. A LITTLE BIT EASIER TO BE ABLE TO GET OUT. CAN I ASK SUSAN WHAT A REASONABLE TIMEFRAME WOULD BE FOR A MODERATELY HARD FILE? WHAT WOULD YOU TELL SOMEONE? IT DEPENDS UPON THE SITUATION. IT IS THE VOLUME OF RECORDS THAT THEY'RE REQUESTING. IT IS ALSO THE STAFF AVAILABLE TO DO THE RECORDS REQUEST. IF I HAVE SOMEBODY OUT, WHICH I DO HAVE NOW DARREN IS OUT, AND HE WOULD HANDLE RECORDS REQUEST. UM WE WOULD HAVE A DELAY BECAUSE HE'S NOT THERE TO PUT THOSE TOGETHER IF THERE ARE OTHER DUTIES THAT ARE PRIORITIES, SUCH AS PUTTING THE AGENDAS TOGETHER BECAUSE THEY HAVE TO BE DONE BY A CERTAIN TIME FRAME. THERE IS NOT A POINT IN THAT DAY WOULD WE WOULD BE ABLE TO PUT A MODERATELY SIZED RECORDS REQUEST TOGETHER, BUT WE ARE VERY GOOD AT GETTING OUT THE SMALLER REQUESTS. WE GET THEM OUT, SOMETIMES LESS THAN 24 HOURS.

WE'RE VERY RESPONSIBLE WITH THOSE. THANK YOU. ALL UH, COUPLE LAST THINGS HERE REAL QUICK, AND I TOOK ALL THE INTERESTING RECENT COMPLICATIONS THE LEGISLATURES PUT IN OUT OF THIS POWER POINT IN THE INTEREST OF BREVITY, BUT I'LL TELL YOU, BASICALLY, THERE USED TO BE IRAQ

[01:00:03]

ALL RIGHT THERE. TRY TO JENNIFER LAWSUIT. WHY? BECAUSE THE PUBLIC RECORDS ACT HAS AS A SANCTION.

IF YOU SUE FOR PUBLIC RECORDS, THEN YOU RECOVER YOUR ATTORNEYS PHASE. WELL THERE'S SOME ATTORNEYS WHO APPARENTLY COULDN'T GET ANY OTHER WORK AND THAT'S WHAT THEY WERE DOING ALL OVER THE STATE. THE LEGISLATURE, UM PUT A PUT A GREAT STOP TO THAT THE LAST COUPLE OF YEARS.

AND BASICALLY INSTITUTED A SYSTEM SUCH THAT IF UM SOMEBODY INTENDS TO ACTUALLY FILE SUIT.

TO SEEK UH, ATTORNEY'S FEES ON PUBLIC RECORDS REQUEST TO GET A GOVERNMENT TO COMPLY WITH PUBLIC RECORDS REQUEST. YOU HAVE TO GIVE A LAST FINAL NOTICE WRITTEN NOTICE FIVE BUSINESS DAYS BEFORE GIVING THE BEFORE FILING SUIT, ALL RIGHT, AND THEN IF IT GOES TO COURT IF THEY DO FILE SUIT, THE COURT IS GOING TO EVALUATE WHETHER OR NOT THE PUBLIC RECORDS REQUEST, ER WAS REQUESTING THAT PUBLIC RECORD FOR WHAT'S THE STATUTE CALLS AN IMPROPER PURPOSE. ALRIGHT IMPROPER PURPOSES BASICALLY FOR SOLELY FOR THE PURPOSE OR FOR THE PURPOSE OF CREATING A LAWSUIT, NOT FORGETTING THE RECORD BUT FOR CREATING A LAWSUIT. OR FOR A FRIVOLOUS PURPOSE WE HAVE. WE'VE HAD A COUPLE INSTANCES WHERE FOLKS FROM A COMPLETELY DIFFERENT PART OF THE STATE, HAVING NO INTEREST IN ANYTHING AT ALL WOULD JUST COME IN. ASK FOR SOME SOME UTILITY RECORD OF SOMETHING THAT HAS NOTHING TO DO WITH THEM AT ALL IN THE COURT FOUND IT WAS CRYSTAL CLEAR THAT THEY WERE JUST PLAYING THIS GAME SINCE THE STATUTE'S BEEN COME IN, AND A COUPLE OF CASES WENT THROUGH, AND THEY COURTS MADE CLEAR THEY WERE GOING TO ENFORCE IT. WE HAVE NOT SEEN THIS COMES THROUGH . OBVIOUSLY, THERE ARE STILL LAWSUITS CONCERNING PUBLIC RECORDS. BUT THIS THIS FRIVOLOUS ATTACK HAS NOT REALLY BEEN AN ISSUE. DIDN'T THE COURT ALSO CHANGES STATUE JUST SAY THAT THEY MAY RECOVER. ATTORNEY'S FEES. I DON'T REMEMBER IT'S I'M NOT SURE ON THAT BASIS. BUT WHAT DOES HAPPEN IF THEY FIND THAT IT WAS AN IMPROPER PURPOSE? THEY SHIFT THE FEES AND THAT GUY WHO DOES THE RECORD SUIT HAS TO PAY. THE GOVERNMENT'S ATTORNEYS FACE.

IN ANY EVENT. IT'S TAKEN A LOT OF THAT OFF. IN ADDITION, UM THERE IS A CRIMINAL PENALTY AS WELL, UH, FOR KNOWING VIOLATION OF THE PUBLIC RECORDS ACT, AND THIS THIS USUALLY INVOLVES ACTUAL SECRETING AWAY OR DESTROYING PUBLIC RECORDS. AND SO ON, UM AND THOSE SANCTIONS ARE SUSPENSION REMOVAL FROM OFFICE. BUT EVEN MORE CONCERNING , UH, MISDEMEANOR IN THE FIRST DEGREE. SO FOR SOME REASON THAT THEY CONSIDER THIS EVEN MORE EGREGIOUS THAN SUNSHINE LAW VIOLATION. THAT'S THE PUBLIC RECORDS ACT. ANY QUESTIONS? GOING TO MOVE ON TO ONE LAST MATTER VOTING CONFLICTS. SO. AS I MENTIONED THERE ARE A NUMBER OF DIFFERENT THINGS I NORMALLY GIVE A FOUR HOUR PRESENTATION ON IN CHAPTER 1 12 THE CODE OF ETHICS. WE'RE ONLY GOING TO FOCUS ON VOTING CONFLICTS TONIGHT BECAUSE I DON'T WANT TO BE HERE FOR HOURS OR KEEP YOU ALL FOR FOUR HOURS. I DON'T THINK YOU ALL WANT TO BE KEPT EITHER, BUT I'M GLAD ON ANY ETHICS MATTER. IF YOU PICK UP THE PHONE, I WILL GIVE YOU ALL MY CELL NUMBER. MOST OF YOU ALREADY HAVE IT. YOU'RE WELCOME TO CALL ME ANYTIME. ON VOTING CONFLICTS MATTERS ANY OTHER SORT OF ETHICS MATTERS. YOU'RE WELCOME TO CALL ME AND WE WILL TALK THROUGH IT. OKAY? AND THAT'S KIND OF THE BIGGER ISSUE WHEN IT COMES TO ALL THIS, PARTICULARLY ON VOTING CONFLICTS. I'M NOT EXPECTING YOU ALL TO MEMORIZE EVERY LITTLE PIECE OF HOW ALL THIS WORKS.

WHEN I'M ASKING YOU TO DO IS KIND OF RECOGNIZE ENOUGH TO DO WITH ATTORNEYS CALLED ISSUE SPOT RIGHT AND SAY, REMEMBER, WAIT, TALKING ABOUT SOMETHING LIKE THIS. LET'S PICK UP THE PHONE AND CALL WAY. OKAY SO WHO DO VOTING THE RESTRICTIONS ON VOTING CONFLICTS APPLY TO THE PUBLIC OFFICERS. PERSONS ELECTED OR APPOINTED, SO IT APPLIES TO YOU ALL AS WELL. UH, THAT HOLD OFFICE IN AGENCY, INCLUDING PERSONS ON AN ADVISORY BOARD. IN OTHER WORDS, IF YOU'RE A MEMBER OF A COLLEGIAL BODY LIKE YOU ARE, IT APPLIES TO YOU. NOW WHAT IS A VOTING CONFLICT? WHAT ARE THE MAIN PROHIBITIONS. A LOCAL ELECTED OR APPOINTED OFFICER, MAY NOT VOTE ON TWO TYPES OF

[01:05:04]

WE'RE TALKING ABOUT HOW YOU EVALUATE THAT. THE OTHER CATEGORY IS ANY MEASURE, WHICH A PUBLIC OFFICER KNOWS WHAT A NEWER TO THE SPECIAL PRIVATE GAIN OR LOSS OF A COUPLE DIFFERENT SETS OF THUGS, ONE A PRINCIPLE BY WHOM HE OR SHE IS RETAINED AND PRINCIPAL MEANS A COUPLE OF DIFFERENT THINGS. WE'LL TALK ABOUT WHAT THOSE ARE. SECOND PARENT ORGANIZATION OR SUBSIDIARY OF A CORPORATE PRINCIPLE BY WHOM THE OFFICERS RETAINED. THAT'S JUST THERE TO SAY, YOU CAN'T HIDE BEHIND THE LEVEL OF A SHELL COMPANY OR ANYTHING LIKE THAT. YEAH. YOU HAVE SOMEBODY WHO'S A PRINCIPLE UNDER THE DEFINITION WE'RE GOING TO SAY, BUT IT'S THROUGH COMPANY. MAYBE THROUGH ANOTHER COMPANY DOESN'T MATTER. THIRD A RELATIVE AND IT'S GOING TO BE VERY DISCREET LIST OF INDIVIDUALS WHO ARE GOING TO BE RELATIVES UNDER THE STATUTE.

FINALLY A BUSINESS ASSOCIATE, AND WE'RE GOING TO DEFINE WHAT THAT MEANS. FIRST OFF WHO'S A PRINCIPLE? PRINCIPLE COULD BE ONE OF A COUPLE OF THINGS ONE. YOUR EMPLOYER, SO EXAMPLE HERE SAY, UH, A MATTER IS COMING FOR THE P C. A. B IS BEING BROUGHT IN APPLICATIONS BEING BROUGHT BY SOMEONE AND ONE OF YOU WORK FOR THEIR EMPLOYED BY THAT APPLICANT, OKAY? AND THAT IS AND LET'S SAY YOU'RE EMPLOYED BY THEM, BUT HAS NOTHING TO DO WITH THE APPLICATION. ALRIGHT YOU'RE IN COMPLETELY DIFFERENT DIVISION TO SAY IT'S A BIG COMPANY, RIGHT? HAS NOTHING TO THIS APPLICATION. YOU DIDN'T EVEN HAVE ANY IDEA THEY'RE GONNA BE APPLYING FOR IT. YOU JUST SEE IT COMING ON THE AGENDA, ALRIGHT? DOESN'T MATTER. THEIR PRINCIPAL . UNDER THIS, YOU HAVE A VOTING CONFLICT. YOU'RE GONNA HAVE TO DO THE THINGS WE TALK ABOUT WHAT YOU HAVE TO DO, ALL RIGHT? SECOND CLIENT IN A LEGAL ACCOUNTING INSURANCE OR OTHER PROFESSIONAL PRACTICE. SO IF WE HAD SOMEBODY ON THE BOARD AND THEY WERE IN ATTORNEY, FOR EXAMPLE, IN A CLIENT OF THEIRS WILL SAY THEY WERE IN A STATE PLANNING ATTORNEY HAD NOTHING TO DO WITH WITH LAND. USE APPLICATIONS. ALRIGHT YOU'RE THEIR ESTATE PLANNING ATTORNEY AND THEY'RE COMING IN FOR REZONING. YOU DIDN'T EVEN KNOW THEY WERE COMING IN. DOESN'T MATTER. THEY ARE A CLIENT OF YOURS. THEREFORE YOU HAVE TO GO THROUGH THE THINGS ON VOTING CONFLICTS. THIRD. CORPORATION FOR WHICH THE OFFICER SERVES AS A COMPENSATED DIRECTOR. IMPORTANT PART RIGHT? THERE IS COMPENSATED. GIVE YOU A QUICK EXAMPLE ONE OF THE OTHER CITIES I REPRESENT. WE HAD A CITY COMMISSIONER WHO WAS ON THE BOARD OF DIRECTORS OF HIS CHURCH. OKAY? AND HIS CHURCH WAS COMING TO APPLY FOR A ESPECIALLY ESPECIALLY NOW IS A REASON. YES IT WAS SOMETHING. I DON'T REMEMBER WHAT IT WAS, IS COMING TO APPLY FOR SOMETHING LAND USE MATTER CONCERNING THE CHURCH.

AND HE ASKED UH, MAY. HEY DO I NEED TO RECUSE MYSELF ON THE BOARD OF DIRECTORS OF THIS CHURCH? AND WE SAT DOWN AND WE ANALYZED IT. AND WE DETERMINED UNDER THE STATUTE, HE WAS NOT REQUIRED TO RECUSE HIMSELF. HOWEVER. HE STILL DID. AND I'M GOING TO TALK TO YOU TALK THROUGH, UH, IN A LITTLE BIT A LITTLE BIT OF WIGGLE ROOM THAT IS THERE TO DEAL WITH APPARENT CONFLICTS OF INTEREST. OKAY? SECOND, WHO'S A RELATIVE? PRETTY NARROW. ALRIGHT WE'RE TALKING FATHER. MOTHER SON, DAUGHTER, HUSBAND, WIFE, BROTHER, SISTER FATHER IN LAW MOTHER IN LAW, SON IN LAW AND DAUGHTER IN LAW. WHO'S MISSING FROM THIS LIST. FIRST COUSIN AND MAN IN REALLY SMALL TOWNS THAT I'VE REPRESENTED SOME OF THE BOARD MEMBERS. THEY'VE KNOWN THAT BETTER THAN HE IS AWAY. DO YOU KNOW FIRST COUSINS? NOT ON THAT LIST. I CAN VOTE ON THIS. I SAID YES, SIR. UM, YEAH. COUSINS, UNCLE. UNCLE AND AUNT. IT'S A VERY, UM IT'S A VERY NARROW LIST, OKAY? THIRD BUSINESS ASSOCIATE. SO. BUSINESS ASSOCIATE IS ANY PERSON OR ENTITY IS CARRYING ON A BUSINESS ENTERPRISE WITH THE PUBLIC OFFICER WITH MEMBER OF THE BABY , REGARDLESS OF THE FORM OF BUSINESS, THE TWO KEY QUESTIONS YOU ASKED TO ANALYZE IT ARE OR ARE THEY ENGAGING IN A COMMON COMMERCIAL OR ENTREPRENEURIAL PURSUIT? QUESTION TWO. IS THIS A CURRENT ONGOING BUSINESS RELATIONSHIP? GIVE YOU AN EXAMPLE FROM ORANGE COUNTY. SO WE HAD A COUNTY COMMISSIONERS FRIEND OF MINE. UM AND DEVELOPMENT PROJECT WAS COMING BEFORE THE COUNTY COMMISSION. THIS, UH. COUNTY COMMISSIONERS DEVELOPER BY THE WAY, ALL RIGHT , HE HIS PROFESSION AS HE WAS A REAL ESTATE DEVELOPER. AND A DEVELOPER. UM ANOTHER DEVELOPMENT PROJECT CAME BEFORE THEM. HE HAD NO INVOLVEMENT IN THIS DEVELOPMENT PROJECT IN THE

[01:10:01]

ANYWAY THAT'S JUST WANT TO FIND OUT IF HERE SHOULD FILL OUT FORM ONE IF YOU HAVE CHANGES DURING YOUR TERM, YOU KNOW, OR FOR THE YEAR THAT SHOULD BE DISCLOSED. STATE LAW DOES NOT REQUIRE IT.

[01:15:09]

FINANCIAL. OKAY WE'RE TALKING ABOUT GETTING MONEY WE'RE TALKING ABOUT INCREASE IN THE VALUE OF LAND. WE'RE TALKING ABOUT OPPORTUNITY TO DEVELOP THE PIECE OF PROPERTY AND SO ON, WERE TALKING ABOUT ECONOMIC OR FINANCIAL BENEFIT THAT WOULD ENDURE TO ANY OF THE FOLKS WE'VE TALKED ABOUT. HOW DO WE EVALUATE SPECIAL PRIVATE GAIN OR LOSS UNDER THE STATUTE? THERE ARE A COUPLE OF DIFFERENT FACTORS WE CONSIDER FIRST AND MOST IMPORTANT, ALONG WITH TWO WHAT IS THE SIZE OF THE AFFECTED CLASS? ALRIGHT AND TOGETHER WITH THAT, WHAT'S THE RELATIVE BENEFIT OR HARM WHEN COMPARED TO OTHER MEMBERS OF THE AFFECTED CLASS? SO WHAT ARE WE TALKING ABOUT? CLASSIC EXAMPLES REZONING OF A PIECE OF PROPERTY. ALRIGHT, REZONING A PIECE OF PROPERTY.

YOUR PRIMARY CLASS OF THOSE AFFECTED IS THE PERSON WHO'S GETTING THE PROPERTY. RESENT OKAY? YOU GOT YOUR BROTHER'S GETTING A PIECE OF PROPERTY REZONED AND THEY'RE GOING TO CHANGE IT FROM UH, SOME, YOU KNOW, LOW DENSITY PROPERTY. TOO MUCH HIGHER DENSITY, MUCH MORE INTENSE USE. THAT'S AN EFFECTIVE CLASS OF ONE. ALRIGHT SO WE'VE GOT PRETTY STRAIGHTFORWARD. UH, SITUATION FOR THEM. MAKE A CHANGE THAT'S GOING TO AFFECT ONLY FIVE PARCELS IN THE ENTIRE VILLAGE. PRETTY SMALL, EFFECTIVE CLASS VERSUS THE ENTIRE VILLAGE. MAKE A CHANGE TO THE LD. R S THAT'S GOING TO CHANGE THAT'S GOING TO AFFECT 20% OF THE VILLAGE OR 50% OF THE VILLAGE.

THAT'S A PRETTY BROAD AFFECTED CLASS. ALL RIGHT? YOU ARE ALLOWED TO VOTE ON MATTERS THAT MAY AFFECT YOU. SO LONG AS YOU HAVE. A LARGE AFFECTED CLASS. YOU'RE NOT THE ONLY ONE OR YOU'RE NOT A SMALL SET OF FOLKS WHO ARE GOING TO BE SPECIALLY AFFECTED BY IT. TWO OTHER FACTORS YOU CONSIDER AS THE GAINER LOST REMOTE OR SPECULATIVE, OR IS IT MERELY A PROCEDURAL? OR PRELIMINARY OR PROCEDURAL ISSUE. AS I MENTIONED HERE, THE SMALLER THE CLASS, THE HIGHER THE CHANCE OF BEING SPECIAL GAIN AND VICE VERSA. REMOTE OR SPECULATIVE. THIS IS, UM. KIND OF CONTRAST, SOME SITUATIONS ONE WOULD BE REZONING A PIECE OF PROPERTY. PRETTY STRAIGHTFORWARD UP ZONING, SOMETHING SOMETHING MORE DENSER , INTENSE. IT'S GOING TO BE MORE VALUABLE, OKAY? HOWEVER WE START GETTING INTO HAVING TO KIND OF CONSTRUCT VERY LONG CHAINS OF LOGIC TO SAY, WELL, IF YOU MAKE THIS CHANGE AND THEN THIS OTHER CHANGES MADE AND THEN THREE YEARS FROM NOW OR FIVE YEARS NOW, THIS OTHER THING HAPPENS AND SO ON. THOSE MIGHT BE REASONABLE ARGUMENTS ABOUT FOUR OR AGAINST SOMETHING, BUT IT IS. NOT A BASIS ON LONG CHAINS OF LOGIC LIKE THAT, TO SAY IT WOULD GIVE RISE TO A VOTING COMPLEX. FINALLY THIS IS MOSTLY TO GET, UH TO DEAL WITH ANY PEDANTIC DEALINGS ON MATTERS, OF COURSE, AS YOU'LL SEE ON YOUR AGENDA, YOU'LL APPROVE THE AGENDAS AT EACH MEETING. UH THERE HAVE BEEN THERE HAD BEEN INSTANCES BEFORE THEY CLARIFIED THIS. THE COMMISSION ON ETHICS WHERE PEOPLE WOULD SAY WELL, YEAH, YOU YOU UH, YOU KNOW, RECUSE YOURSELF FROM VOTING ON THIS ONE MATTER. UM BUT YOU VOTED ON THE AGENDA APPROVING THE AGENDA BEFORE YOU HAD THAT ITEM. IF YOU HADN'T APPROVED THE AGENDA, YOU COULDN'T HAVE CONSIDERED IT, SO YOU'RE IN TROUBLE. AND THEY SAID, NO, THAT'S NOT WHAT WE'RE TALKING ABOUT. WE'RE NOT TALKING ABOUT PROCEDURAL MATTERS OR ANYTHING LIKE THAT. WE'RE TALKING ABOUT THE SUBSTANTIVE MATTER THAT YOU WOULD BE VOTING. NOW. IF YOU HAVE A VOTING CONFLICT, WHAT ARE YOU REQUIRED TO DO? AND MS PRESSLER ACTUALLY HAS DONE A GREAT JOB REMINDING ME OF THE UNIQUE REQUIREMENTS THAT I WANT TO FLUSH OUT A LITTLE BIT MORE. THE UNIQUE REQUIREMENTS THAT APPLY DIFFERENTLY TO UH, TWO APPOINTED BOARDS. YOU GOTTA REMEMBER. I DO

[01:20:01]

DON'T WE PROHIBIT? DIDN'T WE CHANGE THAT? YES. WE MIGHT MAKE THIS REAL SIMPLE. IT'S PROHIBITED THE PROCEDURES IT PARTICIPATING IS PROHIBITED. THAT'S WHY THAT'S WHY WE THREADED THIS ALL OUT. OKAY SO LET'S NOT FOR COUNCIL BUT FOR PIZZA, SO LET YEAH. THANK YOU.

THIS IS I WAS WONDERING WHY WAS THIS NOT CLICKING FOR THIS? BUT NOW NOW, LET ME LET ME TAKE YOU ALL THROUGH THIS SO YOU ALL HAVE A RULE WITHIN YOUR, UH RULES OF PROCEDURE ALRIGHT THAT LAYERS ONTO THIS AND IT SAYS NOT ONLY MUST YOU ABSTAIN FROM VOTING YOU CANNOT PARTICIPATE IN THE DISCUSSION ON THAT MATTER. ALRIGHT. UM WHICH MEANS THE MORE ADVANCED THINGS I WAS GOING TO JUST DESCRIBE THAT ARE SET OUT ON THE FOR MAYBE. CAN'T KICK IN BECAUSE YOU'RE NOT ALLOWED TO PARTICIPATE. IF YOU WERE GOING TO PARTICIPATE IF WE DIDN'T HAVE A RULE AGAINST IT. THE STATUTE REQUIRES THAT YOU FILE YOUR FORM A B RIGHT QUICK IMMEDIATELY, BASICALLY, BEFORE YOU START PARTICIPATING. UM AND THAT YOU ALSO PUBLICLY DISCLOSE THE COMPLEX POORLY OKAY. AND THE THAT FOR MAYBE HAS TO BE HAS TO BE SHARED IMMEDIATELY. I THINK IT IS. BUT HERE BASED ON OUR OTHER RULES HERE. YOU'RE NOT ALLOWED TO PARTICIPATE. IN A MATTER OF VOTING CONFLICT ON SO THAT DOESN'T KICK YOU IN ANY EVENT THAT FOR MAYBE HAS TO BE FILLED OUT. WHAT WE RECOMMEND IS FILLED OUT RIGHT THEN, RIGHT, SUSAN? WE DON'T HAVE TO CHASE ANYBODY OUT. WE DON'T HAVE TO CHASE ANYBODY DOWN. BUT SOMETIMES WE HAVE PEOPLE ON ZOOM MOSTLY, THEN I GOTTA FOLLOW UP WITH THEM. BUT WE ENCOURAGE YOU GET DONE AS QUICKLY AS POSSIBLE . SO NOBODY'S HAVING TO RUN AROUND. I SAW SOMEBODY HAD A HAND UP. I APOLOGIZE. YES, MANAGER, UM, ATTORNEY FALL. SO THEN, UM THE WORD THAT SHOULD BE . I'M JUST SAYING IT HAS HERE BEFORE PARTICIPATING, SO WE HAVE TO TAKE THAT OUT, RIGHT? THIS IS MY GENERAL PRESENTATION I USED WITH WITH BOARDS ALL OVER THE STATE. SO AS APPLIED TO YOU ALL TO PUT IN YOUR HEAD. MM HMM. IT WOULD BE ABSTAINED FROM VOTING ABSTAINED FROM PARTICIPATING. DISCLOSE THE CONFLICT AND FILE A FORM A FAITH. OKAY. THANK YOU.

IF I'M IF I MAY, PLEASE, I WOULD HOPE THAT SOMETIME IN THE FUTURE OF THIS BOARD WILL REVISIT THAT CHANGE TO THE NATURE OF THE LAW BECAUSE MANY TIMES THE PERSON WHO MAY HAVE THE CONFLICT PROBABLY HAS THE MOST KNOWLEDGE ABOUT THE SUBJECT AT HAND AND MAY BE ABLE TO PROVIDE SOME VERY VALUABLE INFORMATION. HE MAY NOT VOTE ON IT, BUT I'VE SORT OF ANOTHER BOARDS BEFORE, AND I'VE NEVER SEEN A RULE. WE DON'T ALLOW SOMEBODY PARTICIPATE EVEN MAY SUSTAIN FROM THEM. FROM THE FROM THE FROM THE VOTE, SO I HOPE IN THE FUTURE WILL WORK VISIT THAT. THANK YOU. TO THAT TO THAT POINT I HAD. I THINK WHEN THAT WAS BEING DISCUSSED WHEN THAT RULE WAS PUT IN BEFORE, UM I MAY HAVE MENTIONED THAT I HAD NEVER. I KNEW IT EXISTED PLACES BUT NONE OF MY JURISDICTIONS THAT I REPRESENT UM, HAD SUCH A RULE TO PROHIBIT. UH, PARTICIPATION IN IN DISCUSSION. EVEN, UM I HAD A CLARIFIED FOR ME JUST YESTERDAY IN NAPLES. NAPLES HAS THAT RULE THAT AND IT APPLIES TO THEIR COUNSEL AS WELL. BUT IT'S THE ONLY ONE BUT ALL THE REST OF OURS. IT IS IT EXISTS. IT IS NOT THE NORM. UH UM, IN ANY EVENT. SO EXCUSE ME, ATTORNEY INVOLVED . I JUST WANT TO THE ADDRESS THAT, UM. IF WE IF SOMEBODY'S ON THE BOARD AND THEY HAVE KNOWLEDGE OF THAT MIGHT BE THEIR PROPERTY OR SOMETHING, SO THEY BRING A FORM OF BIAS AND PREJUDICE BECAUSE THEY'RE GOING TO SPEAK ON IT. BECAUSE THIS IS GOING TO BENEFIT THEM. SO THEN, AS IN SPITE OF ALL THE KNOWLEDGE, THEY MAY HAVE IT STILL. THEY THINK THEY SHOULDN'T BE ABLE TO DISCUSS ANYTHING BECAUSE THEY'RE NOT GONNA BRING , UM, ON THE OBJECTIVE OPINION.

[01:25:06]

ABSOLUTELY. THAT'S MY POINT. UM, NO, THAT I'LL GO IN AND MOVE ON TO THE LAST PIECES. ALL RIGHT, SO THERE ARE A COUPLE EXCEPTIONS TO THE VOTING COMPLEX. UM REQUIREMENTS. VERY FEW. ONE OF THE PRINCIPAL BY WHOM YOU'RE RETAINED. SO WE'RE TALKING ABOUT PRINCIPLES. SOMEBODY YOU'RE EMPLOYED BY. WHAT HAVE YOU PRINCIPLE BY WHOM YOU'RE RETAINED IS A PUBLIC AGENCY. YOU CAN VOTE. SO IF A ANOTHER GOVERNMENT CAME BEFORE YOU ALL. UNLIKELY BUT POSSIBLE SAY THAT COUNTY NEEDED TO COME IN AND ASK FOR SOME PERMISSION OR SOMETHING WITHIN THE VILLAGE AND THEY HAD TO COME THROUGH PC AP AND ONE OF YOU WERE EMPLOYED BY THE COUNTY. YOU ACTUALLY DON'T HAVE TO RECUSE YOURSELF. WHY BECAUSE THE LEGISLATURE SAID, SO. PUT IT RIGHT IN THE STATUE. UM WE'RE GONNA SKIP THAT SECOND ONE BECAUSE IT'S HORRIBLE AND CONFUSING WHEN YOU HAVE A C R A AND YOU HAVE A VOTING CONFLICT CAN NEVERTHELESS VOTE. IT LEADS TO ALL SORTS OF MESSES. IT'S STRANGE THAT'S IN THE STATUTE. THIRD THING DOESN'T APPLY TO YOU ALL. BUT, UM BUT FOLKS ON THE GOVERNING BODY ARE ALLOWED TO VOTE ON THEIR OWN SALARIES. FOLKS SAY HEY, HOW CAN THEY VOTE ON THEIR OWN SALARIES BECAUSE THE STATUTE SAYS RELATED TO THIS KIND OF THE FLIPSIDE OF REQUIREMENT TO ABSTAIN. FLORIDA LAW. GENERALLY REQUIRES. YOU DEVOTE. ON ANY MATTERS THAT YOUR

[01:30:03]

RIGHT? SO YOU HAD A SITUATION OR IS YOUR AUNT AND UNCLE UM, LET'S SAY IS YOUR FIRST COUSIN YOU'RE IN A SMALL TOWN AND YOU WERE RAISED LIKE BROTHERS, RIGHT? AND THEY'RE COMING THROUGH AND THEY'RE ABOUT TO GET A REZONING. IT'S GOING TO MAKE THEIR PROPERTY WORTH FIVE MILLION MORE DOLLARS, ALL RIGHT. UNDER THIS PROVISION HERE. IT WOULD BE OKAY FOR A COUNCIL MEMBER OR A PC, A BOARD MEMBER TO SAY. HEY, LOOK, I TALKED TO WAIT ABOUT IT. IT'S MY FIRST COUSIN. TECHNICALLY I DON'T HAVE TO RECUSE MYSELF BUT FOR THE APPEARANCE OF A POSSIBLE CONFLICT OF INTEREST, I'M GOING TO RECUSE MYSELF. SO YOU GOT THAT LITTLE BIT AWAY ROOM HERE. IT IS NOT A TOOL TO GET OUT OF REALLY HOT POTATO ITEMS. OKAY THERE IS NO I REALLY DON'T WANT TO VOTE ON IT BECAUSE IT'S CONTROVERSIAL EXCEPTION. OKAY DO YOU STILL HAVE TO FILL OUT THE SAME FORMS AND YES, YOU CAN.

YES, YOU DID. UM SECOND THING. IF THE OFFICIALS IN THIS ONE I WARN YOU AGAINST, UM IN IN FAIRLY STRONGLY. IF THIS IS ON QUASI JUDICIAL MATTERS IF THE OFFICIAL DECISION RULING OR ACT OCCURS IN THE CONTEXT OF QUASI JUDICIAL PROCEEDING, A LOT OF THE DECISION MAKING YOU ALL MAKE A MEMBER MAY ABSTAINED FROM VOTING ON SUCH MATTER OF THE ABSTENTION IS TO ASSURE A FAIR PROCEEDING FREE FROM POTENTIAL BIAS OR PREJUDICE. NOW. THAT MAY SOUND GOOD. OH, I CAN GET OUT OF A YOU KNOW REALLY HOT. UM REALLY POLITICALLY CONTENTIOUS VOTE HERE AND JUST ABSTAIN BASED ON THAT, BUT WHAT ARE YOU TELLING THE PUBLIC? WHAT ARE YOU TELLING THE VILLAGE COUNCIL VILLAGE COUNCIL APPOINTED EACH OF YOU TO DO A VERY IMPORTANT, VERY HARD JOB, AND THAT IS TO MAKE THESE HARD DECISIONS HERE. WHAT YOU'RE EFFECTIVELY SAYING BY DOING THAT AND SAY, HEY, I AM INCAPABLE. OF MAKING THIS DECISION BECAUSE I'M BIASED OR PREJUDICED, ALRIGHT? YOU DON'T WANT TO USE THAT TOO OFTEN. I KNOW OF ONE INSTANCE I'VE SEEN IT USED WELL AS THE MAYOR AND ONE OF MY CITY'S. THEY WERE VOTING ON ADULT ENTERTAINMENT. THEY WERE VOTING ON A STRIP CLUB. AND SHE KNEW FULL WELL, SHE TOLD ME, SHE SAID PUBLICLY, SHE SAID. LOOK UH, I, YOU KNOW. I KNOW WHAT THE LAW IS. I KNOW WHAT OUR ORDINANCE SAYS. I KNOW IT CAN GO IN THAT ZONING. I KNOW IT MEETS ALL THIS STUFF. BUT I'M A CHRISTIAN WOMAN AND I CAN'T VOTE FOR IT, BUT I CAN'T VOTE FOR IT BECAUSE OF THAT, SO I'M JUST NOT GOING TO VOTE ON IT. AND SHE USED FOR THAT SO THAT WAS REALLY THE ONLY TIME I THOUGHT THAT WENT WELL USING IT. OTHERWISE, I DON'T EVEN THINK ABOUT USING IT REALLY. AND THAT IS ALL I HAVE TO SAY. DOES ANYBODY HAVE ANY QUESTIONS? CAN YOU COVER THE GIFT LA BRIEFLY? OH MY GOD! JUST BRIEFLY. THAT'S ANOTHER. THAT'S ANOTHER 45 MINUTES. MY PRESENTATION USUALLY LET ME GIVE YOU THE REALLY SHORT VERSION. UM SO THERE IS. THERE ARE A NUMBER OF DIFFERENT GIFTS, GIFT STATUTES, THE OBVIOUS ONES FOR YOU, BUT JUST TO PUT IT IN YOUR HEAD. YOU CANNOT ACCEPT ANYTHING OF VALUE. LARGE OR SMALL. WHAT HAVE YOU IF IT IS WITH AN UNDERSTANDING THAT IT IS IN EXCHANGE FOR YOUR, UM, MAKING ANY SORT OF OFFICIAL DECISION MAKING. THIS SHOULD BE OBVIOUS Y'ALL. THAT'S THERE'S ALSO CRIMINAL STATUTES. BRIBERY OKAY , DON'T ACCEPT BROWN BAGS OF CASH IN EXCHANGE FOR YOUR DECISION MAKING THAT ALSO HAPPENED UP IN ORANGE COUNTY, LITERAL BROWN BAG OF CASH. I MEAN, IT'S RIGHT ON THE NOSE.

UM, DO NOT DO THAT. UM AND YET DON'T ACCEPT ANY GIFTS OR ANYTHING ELSE, EITHER. WHEN IT'S BEING GIVEN TO YOU ON AN UNDERSTANDING YOU'RE GOING TO TAKE SOME OFFICIAL ACTION BECAUSE OF IT, OR WHEN SOMETHING IS BEING GIVEN TO YOU. AND YOU REASONABLY KNOW OR SHOULD KNOW.

IT'S BEING GIVEN TO YOU TO INFLUENCE YOUR DECISION. OKAY NOW THOSE ARE THE BIG BROAD KIND OF. UH BIG, BROAD GIFT LAWS. THE VERY SPECIFIC GIFT LAWS. YOU ALL ARE SUBJECT BECAUSE YOU ALL FILE FORM ONES. YOU ALL ARE REQUIRED . YOU'RE SUBJECT TO THE GIFT LAW RULES, AND HERE'S THE REALLY SHORT VERSION. IF YOU RECEIVE. IF YOU RECEIVE GIFTS FROM LOBBYISTS. FROM, UM. I THINK YEAH, VENDORS DO APPLY FROM EITHER LOBBYISTS OR DEVELOPERS. BASICALLY DEVELOPERS COME BEFORE

[01:35:07]

RIGHT. THAT'S WHAT I WANTED TO ASK ABOUT. CHAMBER OF COMMERCE TICKETS SPECIFICALLY, SO WHENEVER YOU GET TICKETS, AND THIS HAPPENS MORE COMMONLY WITH THE VILLAGE COUNCIL OR WITH OTHER CITY COUNCILS, AND SO ON, YEAH, LIKE, SAY, THE CHAMBER OR ANOTHER NONPROFIT IN TOWN, OR WHATEVER GIVES YOU TICKETS TO, UM. TO SOME GALA OR SOMETHING LIKE THAT, AND THEY HAVE A FACE VALUE OF $150. ALRIGHT, YOU'RE ALLOWED TO ACCEPT THOSE IF THEY WANT TO GIVE THEM TO YOU.

ALRIGHT. UM. IF YOU ACCEPT THOSE, AND IT IS OVER $100 YOU HAVE TO DISCLOSE IT ON A QUARTERLY GIFT DISCLOSURE. AND IF YOU WANT MORE INFORMATION ABOUT THAT, YOU CAN JUST CALL SUSAN OR MAY AND WE WILL WALK YOU THROUGH THAT. WHAT ABOUT CAMPAIGN DONATIONS? YOU KNOW, IN EXCHANGE FOR A FAVOR AND OR AN APPOINTMENT. VERY GOOD QUESTION. SO IT IS. ILLEGAL AS WE'VE DISCUSSED. TWO. GIVE OR ACCEPT ANYTHING OF VALUE, INCLUDING A CAMPAIGN CONTRIBUTION. IN EXCHANGE FOR GETTING AN APPOINTMENT OR ANYTHING LIKE THAT. ALL RIGHT. I WILL. BECAUSE I'VE SHARED WITH YOU. I WILL SHARE FROM EXPERIENCE THAT THAT LEVEL OF CAUSALITY IS NOT ALWAYS APPARENT. OKAY THE MERE FACT THAT YOU HAVE THE TRADITIONAL LOGICAL FALLACY OF POST TALK AREA PROCTER HOC AFTERWARDS. THEREFORE, BECAUSE OF UM, THE MERE FACT THAT SOMEONE GETS APPOINTED WHEN IN THE PAST THEY HAD GIVEN A CONTRIBUTION IS NOT VERY STRONG EVIDENCE OF ALL AT ALL THAT THAT LAW HAS BEEN BROKEN. I KNOW THAT'S NOT THE ANSWER. YOU'D LIKE TO HEAR. I'M JUST TELLING YOU HOW WELL HOW IT GOES OUT. THAT'S NOT THE END OF THE STORY, EITHER. SO THANK YOU.

ABSOLUTELY THANK YOU. ANY OTHER QUESTIONS? ALL RIGHT. THANK YOU ALL THANK YOU. OKAY THANK YOU.

[8.  

Monthly Director's Report

[01:40:08]

AND IN THE EVENT THAT I DON'T SEE YOU BECAUSE SOMETIMES I'M LOOKING THIS JUST MADAM CHAIR SO I CAN ACT IN RESPECT. EVERYBODY MAKE SURE EVERYBODY HAS THE OPPORTUNITY TO SPEAK, OKAY? ALRIGHT IS THERE ANYTHING YOU KNOW? OKAY MR SORAYA KEAVENEY COMMENTS MR SAYAD BOARD MEMBERS TO HIGH YET. DID HE HAVE HIS HAND UP? I JUST WANTED TO KNOW IF HE HAD ANY COMMENTS TO LEAVE THEM OUT. RIGHT, EXACTLY. OKAY HE MAY HAVE. IS HE STILL ON YOU SAY OKAY. DO YOU HAVE ANY FURTHER COMMENTS THIS YEAR MUTED. OKAY, I GUESS NOT. OKAY OKAY, SO WE'RE GOING TO ADJOURN , BUT BEFORE WE DO THAT, I WANT TO SAY WELCOME, UM, BOARD MEMBER WATSON. THANK YOU. I'M LOOKING FORWARD TO YOUR EXPERTISE AND YOU KNOW EVERYTHING YOU BRING TO THE TABLE. THANK YOU FOR BEING HERE. BOARD MEMBER ON ON SOCCER , SOCCER. YOU MAY HAVE TO CORRECT ME AGAIN. OKAY IT'S HARD STUDENTS DO THAT ALL THE TIME ANYWAY. SO I'M LOOKING FORWARD TO YOUR PARTICIPATION AND YOUR NEVER EXPERTISE THAT YOU BRING TO THIS BOARD, RIGHT AND OUR MEMBERS THAT ARE STILL PRESENT.

THANK YOU. THANK YOU. THANK YOU. WE HAVE WORK TO DO THAT. ALL RIGHT. ALL WE ARE ADJOURNED.

* This transcript was compiled from uncorrected Closed Captioning.