[1. CALL TO ORDER]
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>>> ONE NATION, UNDER GOD, INDIVISIBLE, WITH LIBBER IT I AND JUSTICE FOR ALL.
>> THANK YOU EVERYONE. FRIENDLY PLEASE SILENCE YOUR DEVICES.
>> MS DANIEL? MS CLEMMONS? >> HERE.
>> CHAIRMAN CREASE CREASE? >> PRESENT. WE HAVE TWO BOARD MEMBERS NOT HERE, BUT WE WILL HOLD OFF ON CONSIDERATION OF ABSENCES FOR A FEW ITEMS, AT LEAST GIVE HER A CHANCE TO MAKE
[5. APPROVAL OF MINUTES]
IT IN IF SHE GOT STUCK IN TRAFFIC. ITEM FIVE, APPROVAL OF THE MINUTES FROM THE APRIL 8, 2024 MEETING. I WOULD ENTERTAINA MOTION. >> I'LL MOVE FOR APPROVAL.
>> SECOND. >> MOTION FOR APPROVAL BY MS CLEMMONS, SECONDED BY MR. EDWARDS, PLEASE CALL THE ROLL.
[a. City Initiated Annexation - Eleven (11) Parcels]
>> MR. EDWARDS? MS CARTER? CHAIRMAN KREISL?
>> YES. >> WHAT WE'RE GOING TO DO HERE, WE HAVE 11 INDIVIDUAL PARCELS, WHICH ARE BEING CONSIDERED FOR ANNEXATION, CITY INITIATED ANNEXATION. THIS IS A SINGLE AGENDA ITEM, BUT WE WILL HAVE TO VOTE EACH PROPERTY.
WE'LL HEAR FROM MR. FREEMAN AND DO SOME COMMENTS IF NECESSARY AND JUST ON THE TOPIC.
>> THANK YOU CHAIR. THIS IS INITIATED BY THE CITY IN RESPECT OF ANY PROPERTY THAT HAS AN EXISTING FPUA AGREEMENT IN PLACE WHERE THEY ARE RECEIVING SOME FORM OF CITY UTILITIES. AS A PART OF THE AGREEMENT, THE LANDOWNER AT THAT TIME OF CONNECTION AT THE TIME OF CONNECTION, SIGNS AN AGREEMENT THAT AT ANY TIME IN THE FUTURE SHOULD THEIR PROPERTY BECOME CONTINUOUS WITH THE CITY LIMITS, THEN THE CITY, THEY WOULD AGREE TO A VOLUNTARY ANNEXATION INTO THE CITY. SO THOSE ARE THE PROPERTIES THAT WE WILL SEE THAT HAVE THESE AGREEMENTS THAT ARE OUTSIDE AT THE MOMENT. THE CITY IS GROWING. AND AS THEY PUSH ALONG TO CONNECT AND THAT IT MEANS A PROPERTY THAT'S GOT SUBSTANTIAL CONNECTION WITH ANOTHER PROPERTY THAT IS ALREADY IN THE CITY. IT IS NOT ABOUT POINT TO POINT, BUT THE REAL BOUNDARY AND THE BOUNDARY BETWEEN THE CITY LIMITS AND THE PROPERTY CAN EXTEND ON THE WATER WAY OR THE CANAL OR ALL THOSE THINGS THAT ARE NATURAL OBSTACLES TO BOUNDARIES. THOSE ARE ACCEPTED AS BEING PASSED OVER IF YOU COULD CONNECT CONTINUOUSLY TO THE CITY MUNICIPAL LIMITS. YOU WILL SEE WITH THIS THAT SOME OF THE PROPERTIES THAT ARE ON THE AGENDA THAT AT THIS MOMENT ARE NOT CONTINUOUS. BUT THE PROCESS OF THIS ORDER OF MOVING PROPERTIES INTO THE CITY ACTUALLY ALLOWS MORE PROPERTIES TO BE CONTINUOUS. SO IF WE FIND THAT THERE IS ANOTHER PROPERTY THAT WILL BECOME CONTIGUOUS WITH THAT VOLUNTARY ANNEX UNDER THE PROPERTY BETWEEN THE CITY LIMITS. THEN WE CAN DO THAT.
BUT IN ORDER TOO THAT, WE HAVE TO APPROVE THESE IN A CERTAIN ORDER. CONTIGUOUS THEY ARE DONE IN AN ORDER THAT WE MAINTAIN
[00:05:14]
THE CONTIGUOUS CRITERIA THAT WE WILL NEED TO MEET FOR STATE STATUTES, BEING ABLE TO VOLUNTARILY ANNEX THESE PARCELS. SOME OF THE PARCELS ARE LOCATED IN WHAT THE STATE DESCRIBES AS AN ENCLAVE. IT IS A PIECE OF COUNTY PROPERTY OR PARCELS THAT ARE COMPLETELY SURROUNDED BY THE MUNICIPAL LIMITS RIGHT NOW. AND THE STATE ACTUALLY SUPPORTS AND PROMOTES % THE REDUCTION OF THOSE ENCLAVES AS A POLICY WHENEVER WE GET A CHANCE TO DO THAT, WE SHOULD DO THAT. THAT'S GOOD PLANNING. IT SORT OF FILLS IN THE HOLES WITHIN THE CITY. IT WILL ALLOW THE BETTER PROVISIONS OF SERVICES AND CONNECTIVITY AND EVERYBODY KNOWS THEY ARE IN THE CITY OF FORT PIERCE. SO WHEN THEY CALL UP AND THEY ARE IF THAT ENCLAVE AND THEY DON'T REALIZE THAT AND THEY ASK THE CITY SERVICES LIKE PLANNING OR BUILDING, AND THEY WILL FIND THAT WE HAVE TO TELL THEM THAT YOU'RE IN THE COUNTY AND YOU HAVE TO DEAL WITH THE COUNTY.IT CAUSES OTHER CONFUSION TO RESIDENTS. SO THIS PROCESS IS PARTLY TO GET RID OF SOME OF THOSE OR TO HELP REDUCE SOME OF THOSE ENCLAVES. I THINK THAT THERE ARE MANY MORE PROPERTIES IN THE CITY THAT WILL BE SUBJECTED TO THIS BECAUSE THEY ALL HOLD AGREEMENT FOR THE UTILITY AUTHORITY. I SHALL BE RETURNING AT SOME POINT OUTSIDE OF THIS WITH A WIDER DISCUSSION ON THE ANNEXATION STRATEGY OF THE CITY AS A WHOLE. SO AS WE MOVE FORWARD, I WOULD LIKE TO HAVE THAT DISCUSSION WITH THE PLANNING BOARD. THEN MAYBE I COULD TAKE SOME OF THE COMMENTS BACK TO THE CITY COMMISSION. SO THAT MIGHT BE COMING UP IN THE FUTURE. AND WITH MEETINGS AND WHAT OTHER PRIORITIES ALLOW.
BUT WITH THIS AS THE CHAIR MENTIONED, THERE ARE 11 PROPERTIES THAT ARE SUBJECT DURING THIS DISCUSSION. AND WE HAVE TO TAKE ACTION ON EACH OF THEM AND THEY HAVE TO BE ACTIONED IN A PARTICULAR RECORD OR TO ALLOW THIS TO WORK. SO MY PROPOSAL IS TO GO THROUGH EACH OF THESE AND ALLOW DISCUSSION ON EACH. IF THERE IS A DISCUSSION AND THEN HAVE AN ACTION FROM THE PLANNING BOARD TO ACCEPT OR DECLINE THE VOLUNTARY ANNEXATION. AND SO IF THERE IS NO MORE FURTHER
DISCUSSION? >> I KNOW THIS IS HYPOTHETICAL, BUT WHAT IF WE DECLINE IN YOUR SEQUENTIAL ORDER? WHAT HAPPENS
TO THE ONES THAT FOLLOW? >> THERE MAY BE A DUMBING AFFECT. AND THAT THERE ARE ONLY TWO HERE AT MOMENT ON THE DIRECT SIDE AND THAT WILL BECOME CONTIGUOUS OF THE OTHER PROPERTY BECOMING VOLUNTARY ANNEX. BUT WE WILL SEE THAT AS WE MOVE ALONG. AND YOU KNOW, IF YOU THINK ONE OF THOSE IS NICE TO BE IN THIS MOMENT IN TIME, THEN WE WILL MOVE ON FROM
>> OKAY. AND SO THIS HAS HAS COME UP BEFORE. I KNOW I BROUGHT IT UP BEFORE IN THIS BOARD IN REGARDS TO ANNEXATIONS. THE CURRENT STATE OF THE PROPERTY TO ME IS SOMETHING THAT I THINK THE CITY THAT IT WILL BE VERY INTERESTED IN WHEN CONSIDERING ANNEXATIONS. AND I WOULD LIKE TO PUT FORTH THE RECOMMENDATION. AND YOU SAID YOU ARE GOING TO COME BACK AND HAVE A CONTINUED CONVERSATION.
ONE THING THAT I WOULD LOVE TO GET IN LINE WITH THAT CONVERSATION AND TO INITIATE A MANDATORY ON-SITE INSPECTION ON BEHALF OF THE CODE ENFORCEMENT DEPARTMENT OF ANY PROPERTY THAT IS BEING EVALUATED FOR ANNEXATION. WHETHER IT IS THIS, WHETHER IT IS THE CITY INITIATED OR VOLUNTARY ANNEXATION. OBVIOUSLY THERE IS, YOU KNOW, THERE IS EVALUATION THAT COULD BE DONE ON PAPER. THAT WE CAN SEE IF THE COUNTY HAS ANY CODE VIOLATIONS, AND THERE COULD BE ISSUES WITH OUR CITY CODE THAT WE WOULDN'T NECESSARILY BE ABLE TO ENFORCE UNTIL IT IS THROUGH AND COULD BE ON OUR RADAR. AND THAT WOULD
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BE SOMETHING THAT I WOULD PERSONALLY LIKE TO SEE HAPPEN AND IN CONSIDERATION OF THE ANNEXATIONS THAT ARE MOVING FORWARD. ANY OTHER QUESTIONS FOR STAFF BEFORE WE PROCEED? I'M NOT CERTAIN IF WE NEED TO OPEN UP FOR PUBLIC COMMENT ON ANNEXATION AT LARGE OR IF WE COULD MOVE ON TO THE FIRSTSPECIFIC ITEM? >> I THINK MAYBE WE SHOULD JUST MOVE ON TO THE FIRST ITEM. SEE IF WE GET ANY COMMENTS?
>> SURE. >> THANK YOU, CHAIR. SO THIS AGREEMENT THEMSELVES IS ACTUALLY BINDING ON ANYBODY, SUBSEQUENT OWNERS, HAIRS, OR SIGNS TO THE PROPERTY. WE DO SOMETIMES ENCOUNTER ISSUES. NOT BEING AWARE THAT THEY BOUGHT INTO THAT AND IF WE GET ANY AT THE TIME THAT WE WOULD RECEIVE THEM. AS FAR AS THE CITY IS CONCERNED, THIS IS A BINDING AGREEMENT BETWEEN THAT SET OF RESPONSIBLE ENTITY AND THE CITY AND THE FPUA. WHAT WE DO AT THE MOMENT, WE DO NOT CHANGE THE CURRENT LAND USE OF THE PROPERTY. AND THEY WILL REMAIN AS DESIGNATED AND CATEGORIZED AND THAT MEANS THAT WE'RE NOT ULTIMATELY CREATING MORE UNCOMFORTABLENESS MOVING FORWARD, UNLESS THE APPLICANT WANTS TO CHANGE THOSE ZONING OR FUTURE LAND USE DESIGNATIONS. AND WE WOULD WANT TO SEE SEPARATE APPLICATIONS FOR THOSE AS THEY CAME IN. SO THAT IS A PART OF THAT ANALYSIS THAT WE WOULD INFORM PROPERTY OWNERS AT THAT TIME. SO THIS IS AN ON GOING THING IF THEY CAME IN AND SAID OKAY, I WANT TO CHANGE MY LAND USE, THEN WE WOULD DO A MORE DETAILED ANALYSIS OF WHAT THAT WOULD MEAN FOR THAT PROPERTY. SO THESE ARE GOING TO BE PROCESSED THROUGH. WE'VE GOT 11 ORDINANCES. AGAIN, IT'S IN THE SEQUENCE THAT MEETS STATE STATUTE REQUIREMENTS. SO THOSE ARE THE 11 ADDRESSES.
VARIOUS SIZES. VARIOUS FUTURE LAND USES AND ZONING THE TAXABLE VALUES, THEY ARE PRESENT. AND THEN THERE IS AN ESTIMATION AND THE FACTORS OF THIS. THE TAXES THAT THOSE PROPERTIES WOULD END UP BEING RESPONSIBLE FOR THE CITY PART OF THE TAXATION. AND THERE ARE A NUMBER OF TAXATION BRACKETS THAT WILL ACTUALLY COME OFF AFTER THE ANNEXATION. AND THERE ARE THINGS FROM THE STORM WATER MANAGEMENT COMMUNITY DEVELOPMENT AND LAW ENFORCEMENT. AND SO THERE IS GOING TO BE A REDUCTION IN THE COUNTY POINT OF VIEW. BUT WE WILL HAVE THE CITY TAX RESPONSIBILITY ALSO ON THAT TAX BILL ON THAT ASSESSMENT. SO IF RECEIVING ELECTRIC WATER OR SEWER, THERE IS A LOT OF SURCHARGE THAT WILL COME UP FOR THEM RECEIVING THAT SERVICE. AND THAT IS A SUBSTANTIAL REDUCTION OF THE UTILITY BILLS MONTHLY. SO THE FIRST PROPERTY THAT WE'RE LOOKING AT IS 4105 MARIAH CIRCLE. IT'S A PARCEL THAT IS 2.8 ACRES. IT'S GOT INDUSTRIAL FUTURE LAND USE AND ZONING. IT IS CONTIGUOUS OF A LARGE PORTION OF THIS TO THE CITY. SO IN THIS LOCATION. YOU'LL SEE FROM THE NEXT ANNEXATION PROPOSAL. I THINK WE ARE LOOKING AT THIS PROPERTY HERE, WHICH WILL THEN BECOME CONTIGUOUS IN THAT DIRECTION.
SO RETAINING THE EXISTING THING. NOTHING HAS CHANGED IN THE ZONING OF THAT PROPERTY. AND THAT IS OUR RECOMMENDATION
[00:15:02]
THAT WE MOVE FORWARD WITH THIS ANNEXATION AND TAKE IT TO THE CITY COMMISSION WHERE A RECOMMENDATION OF APPROVAL.>> THANK YOU, MR. FREEMAN. IS THIS A VACANT LOT OR IS THIS
DEVELOPED CURRENTLY? >> LET'S GO HERE. I THINK THIS LOOKS VACANT AT THE MOMENT. THERE ARE NO BUILDINGS THERE.
ANY OTHER COMMENTS, QUESTIONS FROM THE BOARD ON THIS SEQUENCE
ONE? >> I HAVE A GENERAL QUESTION.
SO ARE THE OWNERS OF THESE PARCELS AWARE THIS ANNEXATION MAY OCCUR? ARE THEY ALREADY AWARE?
>> THEY WILL RECEIVE A LETTER IF THEY HAVE NOT ALREADY RECEIVED IT REGARDING THE PROCESS IS GOING ON. AND WE ALSO INFORMED THE COUNTY. AND WE WILL PLAY NOTICES IN THE
NEWSPAPER. >> ONCE IT'S FINALIZED?
>> YES, WE HAVE TO DO THAT PRIOR TO. SO THERE IS NO ONGOING NOTIFICATION IN THE VARIOUS STEPS OF THAT GOING OUT. THEN THERE WILL BE TWO PUBLIC HEARINGS IN THE CITY COMMISSION. SO PEOPLE SHOULD BE FULLY INFORMED WHEN WE WOULD GO
THROUGH THE PROCESS. >> THANK YOU.
>> ANY OTHER QUESTIONS FROM THE BOARD?
>> ONE THING THAT OCCURRED TO ME IN REVIEWING THIS LAST NIGHT IS WE HAD -- I BELIEVE IT WAS A FUTURE LAND USE APPLICATION SEVERAL MONTHS BACK WHERE IT CAME UP NOT ABOUT THE SPECIFIC PROPERTY, BUT IN RELATIONS TO THE PROXIMITY OF A HEAVY INDUSTRIAL CONCRETE PLAN THAT IS FROM WHAT THE COUNTY PROPERTY, THE SERIES OF RESIDENCES, WHICH WERE REPRESENTED AT SOME LEVEL AND PROBABLY NOT OPTIMAL PLANNING TO SAY IT POLITELY. AND I'M JUST -- I'M CURIOUS ABOUT ANY APPARATUS WITHIN OUR CAPACITY IN THIS PROCESS TO LOOK OUT FOR THINGS LIKE THAT, WHICH WE MIGHT END UP CREATING OR MISS AN OPPORTUNITY TO CORRECT WHEN WE WOULD HAVE THEM. THIS MIGHT BE A PERFECT EXAMPLE OF THIS. AND I KEPT TELL FROM THE MAP AT WHAT WE HAVE, YOU KNOW, DIRECTLY BELOW US IN THE CITY.
AND IT IS RESIDENTIAL. SO A FUTURE LAND USE OF I BELIEVE INDUSTRIAL IN PROXIMITY TO, YOU KNOW, RESIDENTS MAY NOT BE OPTIMAL IN MOVING FORWARD. HOWEVER, IF IT HAD IS AN UNIMPROVED PIECE OF LAND, THIS WOULD BE GOOD FOR US TO GET AHEAD OF THAT.
>> EXCUSE ME. >> I WILL SAY I LOOKED UP THE PROPERTY IS NOT DEVELOPED. BUT IT IS BEING UTILIZED. THEY HAVE A LOT OF DIFFERENT TRUCKS. AND THE PROPERTY JUST KIND OF NORTHWEST OF THAT IS ALL INDUSTRIAL.
>> RIGHT. >> SO LET ME HELP. SO WE ARE RETAINING THE EXISTING ZONING AND FUTURE LAND USE. SO WE WILL HAVE IN THE FUTURE WHERE ANYTHING COMES INTO THE CITY.
WE WILL BE ASKING FOR A ZONING CHANGE AND A FUTURE LAND USE CHANGE AT THAT TIME THAT WILL COME BACK TO THE PLANNING BOARD. SO AS WE MOVE ON, THIS IS JUST TO GET THE PROPERTY WITHIN THE CITY LIMITS. NOTHING CHANGES REGARDING THE ZONING OF
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THE FUTURE LAND USE. SO WHATEVER IS HAPPENING, IF THAT COMES IN TO CHANGE THAT IN THE FUTURE, THEN THE PLANNING BOARD WILL THEN HAVE THE UNSTAFFED, THEY WILL HAVE THE ABILITY TO LOOK AT THAT OVERALL CONCEPT AND HOW THAT WILL FIT INTO THE OLD NEIGHBORHOOD. THIS IS A REASON WHY WE ARE NOT CHANGING IF THAT MINUTE BECAUSE WE ARE NOT AFFECTING THIS MOMENT IN TIME AND THE PROPERTY OWNERS THAT ARE RIGHT OF CONTINUING WHAT THEY ARE DOING. BUT IN THE FUTURE, WE WILL HAVE THAT OPPORTUNITY TO FULLY VET THE FUTURE LAND USE AND THE ZONING OF THAT PROPERTY. SO IN THIS CASE, IF WE DID MOVE AHEAD AND APPLY FUTURE LAND USE AND ZONING, WHAT WE ARE RECOMMENDED TO DO IS APPLY THE CLOSEST CITY TO THE PROPERTY, WHICH WILL TAKE THIS TO INDUSTRIAL. THIS MIGHT NOT BE THE BEST OPTION IN>> SO IT DOES GIVE A MORE DETAILED LOOK IN THE FUTURE BASED ON THAT APPLICANT COMING FORWARD WITH A SPECIFIC PROPOSAL OF HOW THEY WILL USE THIS PROPERTY.
>> CHAIRMAN? I WAS TOLD THAT THE PROBLEM MIGHT BE WITH A CELL PHONE. IF EVEN COULD TURN OFF THEIR CELL PHONE, THAT MIGHT HELP THE MICROPHONE ISSUE. THANK YOU. THANK YOU.
ANY OTHER COMMENTS FROM THE BOARD? I'LL GET THAT MAP IN A MOMENT. DO WE HAVE ANYONE FROM THE PUBLIC WISHING TO SPEAK ON SEQUENCE ONE? FOR THIS ITEM? SEEING NONE. I WOULD ENTERTAIN
A MOTION. >> DO WE TRY TO MOVE THE PROPERTIES TO THE CITY OR THAT THEY WERE FIRST? AND WHAT
EXACTLY? >> SO THEY ARE IN THE COUNTY NOW. IF YOU SEE -- CAN YOU SEE THE SCREEN THERE? SO THAT IS WHERE THE CITY EXTENDS TO NOW. AT SOME POINT IN THE PAST, THE OWNER OF THIS PARCEL SIGNED AN AGREEMENT THAT THEY RECEIVED UTILITY PROVISION FROM FORT PIERCE UTILITY AUTHORITY. AND THEY SIGNED AN AGREEMENT THAT WHENEVER THE CITY GREW TO A POINT WHERE IT TOUCHED THEIR PROPERTY, THAT THE CITY WOULD ANNEX THEM IN TO THE CITY BOUNDARY. SO AT THIS POINT, ALL OF THE PROPERTIES THAT YOU'RE GOING TO SEE COMING UP BEFORE YOU, NINE OUT OF ELEVEN ACTUALLY ALREADY CONTACTED THE CITY. ONCE THEY DO THAT, THE AGREEMENT IS INITIATED, WHICH WILL ALLOW THE CITY TO MOVE THEM TO A VOLUNTARY ANNEXATION
IF THAT MAKES SENSE. >> IF NOTHING ELSE, I'LL ENTERTAIN A MOTION ON SEQUENCE ONE.
>> I PROVE FOR APPROVAL. >> SECOND.
>> OKAY. DO WE HAVE A MOTION FOR APPROVAL FROM MS CLEMONS, SECONDED BY MS BAXEVANIS. CALL THE ROLL, PLEASE.
>> CLEMONS? >> YES. EDWARDS? CARTER?
DANIELS? CHAIRMAN KREISL? >> THANK YOU. SO THE NEXT PARCEL YOU CAN SEE, YOUR ACTION IS JUST BROUGHT THIS PARCEL -- WELL PROPOSED TO BRING THIS PARCEL INTO THE CITY LIMITS, WHICH MEANS THIS PARCEL NOW WILL BECOME CONTIGUOUS. IT ALSO HAS AN INDUSTRIAL FUTURE LAND USE AND LIGHT INDUSTRIAL ZONING. IT WILL BECOME ELIGIBLE UNDER THE AGREEMENT TO BE ANNEXED INTO THE CITY. THIS IS 4106 MARIAH CIRCLE.
>> COMMENTS FROM THE BOARD, QUESTIONS FOR STAFF? HEARING NONE. ANY OPPORTUNITY FOR THE PUBLIC TO SPEAK ON THIS
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ANNEXATION? SEEING NONE. I WILL ENTERTAIN A MOTION.>> A MOTION FOR APPROVAL BY MS DANIELS, SECONDED BY MS
CLEMONS. PLEASE CALL THE ROLL. >> MS BAXEVANIS?
>> YES. >> THANK YOU. THE NEXT PROPERTY IS LOCATED ON VIRGINIA AVENUE. IT IS 4075 VIRGINIA AVENUE. AND THERE ARE CITY PROPERTIES BOTH TO THE NORTH AND TO THE WEST.
AND THE COUNTY PARCELS TO THE EAST. THE PROPERTY IS CURRENTLY ZONED COMMERCIAL. WITH THE ZONING OF COMMERCIAL GENERAL.
>> COMMENTS FROM THE BOARD? SEEING NONE, I WILL OPEN IT UP TO PUBLIC COMMENT ON THIS ITEM. SEEING NONE, I WILL ENTERTAIN A
MOTION. >> I MOVE FOR APPROVAL.
>> SECOND. >> MOTION FOR APPROVAL BY MS CLEMONS, SECONDED BY MR. EDWARDS. PLEASE CALL THE ROLE.
>> THANK YOU. WE HAVE ANOTHER PARCEL ADJACENT TO THE ONE THAT YOU JUST RECOMMENDED TO BE ANNEXED. IT'S 2304 SOUTH 41ST STREET. IT IS CONTIGUOUS TO THE WEST AND NOW THE NORTH.
>> AND THIS IS AGAIN, GENERAL COMMERCIAL?
>> YES. COMMERCIAL AND GENERAL COMMERCIAL ZONING LAND USE.
>> COMMENTS FROM THE BOARD? >> THEY CHOOSE TO BE ON THE
CITY'S SIDE? >> THEY SIGNED AN AGREEMENT THAT SAYS IF THEY BECOME CONTIGUOUS, THEN THEY VOLUNTARY
PETITION TO COME INTO THE CITY. >> JUST A REMINDER THAT THE REASON WHY WE ARE DOING THIS IS SO IT IS VERY CLEAR THAT WE ARE GIVING AN OPPORTUNITY FOR EACH INDIVIDUAL PROPERTY OWNER TO HAVE ATTENDED TODAY AND COMMENT ON THESE ITEMS INDIVIDUALLY.
ANY OTHER COMMENTS FROM THE BOARD ON WHAT ARE WE AT, ITEM FOUR OR SEQUENCE FOUR? HEARING NONE, I WOULD OPEN IT UP TO ANY MEMBERS OF THE PUBLIC TO SPEAK ON THIS ANNEXATION. SEEING NONE, I WILL ENTERTAIN A MOTION.
>> I MOVE FOR APPROVAL. >> MOTION FOR APPROVAL BY MS CLEMONS. SECONDED BY MS DANIELS. PLEASE CALL THE ROLL.
>> CHAIRMAN KREISL? >> YES. THANK YOU. I SEE ONE MORE IN THIS. THIS ONE IS ONE OF THE EXAMPLES THAT WAS NOT,
WELL IT ACTUALLY IS CONTIGUOUS. >> IT IS CONTIGUOUS.
>> SO IT'S 4001 VIRGINIA AVENUE. IT IS ZONED COMMERCIAL GENERAL WITH THE FUTURE LAND USE OF COMMERCIAL.
>> THIS IS KIND OF BACK TO THE GENERAL QUESTION. AND HOW LONG AGO DID THESE AGREEMENTS GO IN? IT VARIES WHENEVER THEY'VE CONNECTED. I'VE SEEN A RANGE OF PROBABLY 10 OR 15-YEAR RANGE OF AGREEMENTS. SOME OF THESE HAVE ACTUALLY CHANGED OWNERSHIP IN THE INTERIM, SO, YOU KNOW, MAYBE I THINK THEY HAVE INCREASED THEIR VALUE BECAUSE THEY HAVE CONNECTED TO THE
UTILITIES. >> ALL RIGHT. ANY COMMENTS, QUESTIONS ON THIS COMMENT? HEARING NONE, I WOULD OPEN IT UP TO THE PUBLIC FOR ANY COMMENT ON THIS ITEM. SEEING
NONE, I'LL ENTERTAIN A MOTION. >> POTION TO APPROVE.
[00:30:02]
>> SECOND. >> MOTION FOR APPROVAL BY MS DANIELS, SECONDED BY MS CLEMONS. PLEASE CALL THE ROLL.
>> CHAIRMAN KREISL? >> YES. THIS AGENDA ITEM HAS GIVEN ME SOME REAL GOOD CHAIRMAN CHOPS HERE.
] THAT WAS A GOOD ONE TO PRACTICE ON.
>> YOU WILL GET ALL THE GOOD PRACTICING.
>> THE GOOD NEWS IS YOU'RE NEARLY HALFWAY THROUGH THIS.
>> THANK YOU. >> HEY, WE HAVE A PARCEL THAT IS A GOOD EXAMPLE OF A PARCEL, WHICH IS SANDWICHED AND SURROUNDED BY CITY PROPERTY. IT'S 4351 SOUTH 25TH STREET.
ITS FUTURE LAND USE IS SUBURBAN -- I DON'T KNOW WHAT THAT IS NOW FUTURE LAND USE AND ZONING IS AGRICULTURAL IN THE COUNTY.
NOW THE CITY DOES NOT HAVE AN AGRICULTURAL ZONING DISTRICT.
IN THESE RESPECTS, WE CARRY ON THE AGRICULTURAL ZONING DISTRICT TO ALLOW WHATEVER EXEMPTIONS THE PROPERTY OWNERS MAY BE CALLING IN ON THAT PROPERTY IF THEY ARE USING IT FOR AGRICULTURAL USE OR WHATEVER THAT IS. SO AT THE MOMENT IN TIME, IT WILL RETAIN THAT. WE ARE LOOKING AT THE COMPREHENSIVE PLAN. SO IN THE FUTURE, WE WILL BE ABLE TO ACCOMMODATE ZONING OF A FUTURE LAND USE AGRICULTURAL AND IF WE MOVE IN THAT DIRECTION, WHICH WILL BE VERY USEFUL IF WE ARE LOOKING AT WESTERN EXPANSION OF THE CITY BOUNDARIES TO CREATE THAT ALMOST LIKE A BUFFER TO THE CITY. BUT IN THIS CASE, WE WILL RETAIN THE COUNTY'S FUTURE LAND USE IN ZONING JUST TO MAINTAIN THE EXISTING USE, NOT CLOSE TO THE DISTURBANCE TO
THEM. >> NOW ASSUMING THE AMENDMENTS GO THROUGH AND WE DO ESTABLISH A FUTURE LAND USE FOR AGRICULTURAL. WOULD THE PLANNING DEPARTMENT INITIATE A CHANGEOVER FROM THE COUNTY TO THE NEW CITY FUTURE LAND USE OR WOULD IT JUST RETAIN UNTIL THE PROPERTY OWNER WANTED?
>> WE WOULD NOT GO OUT THERE AND TARGET THE CHANGE UNLESS THE APPLICANT, THAT WE MAY THE OFFER OF THE SERVICE TO PROPERTY OWNERS THAT WERE IN THIS BETWEEN ZONING JUST TO CONSOLIDATE THE USES AND REASSURE THEM THAT WE'RE NOT GOING TO COME IN AND ZONE IT COMMERCIAL. BUT REALLY JUST OFFER THAT AS A SOLUTION. IT IS MORE OF A REASSURANCE TO CERTAIN PROPERTY OWNERS WHO ARE CARRYING OUT USES ON THEIR
PROPERTY. >> VERY GOOD. ANY OTHER QUESTIONS FOR STAFF? COMMENTS ON THIS ITEM FROM THE BOARD? HEARING NONE, WE WILL OPEN IT UP TO THE PUBLIC PORTION FOR TRULY ON SEQUENCE SIX. AND HEARING NONE, I WILL ENTERTAIN
>> SECOND. >> PLEASE CALL THE ROLL.
>> CHAIRMAN KREISL? >> YES. THANK YOU. NOW WE ARE MOVING ON TO ANOTHER PARCEL ON SOUTH 25TH STREET, WHICH IS PARCEL 4479. IT HAS THE SAME FUTURE LAND USE OF THE COUNTY RS AND A ZONING ACCOUNT OF AGRICULTURE AGAIN.
>> ANY QUESTIONS FROM STAFF? HEARING NONE. PUBLIC COMMENT? HEARING NONE, I'LL ENTERTAIN A MOTION.
>> MOVE TO APPROVE. >> SECOND.
>> MOTION FOR APPROVE BY MS BAXEVANIS. SECOND BY MS
DANIELS. PLEASE CALL THE ROLL. >> BAXEVANIS?
>> YES. >> THANK YOU. NOW THIS IS AN UNUSUAL PARCEL WITH MULTIPLE ZONINGS AND FUTURE LAND USES.
ALL THOSE ARE BEING RETAINED AT THE MOMENT. SUBSEQUENTLY PRIOR TO ANY FUTURE DEVELOPMENT OF OUR PROPERTY. IT'S AT 4560
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SOUTH 25TH STREET. IT IS CONTIGUOUS TO THE NORTH AND TO THE WEST WITH CITY PROPERTIES WELL IT IS PUBLIC FACILITIES AND I'M NOT SURE NOW. INDUSTRIAL, OH, INSTITUTIONAL AGRICULTURAL. SO IT'S GOT MULTIPLE, VERY UNUSUALLY ZONEDIN THAT FUTURE LAND USE. >> ARE THOSE DESIGNATIONS
SEGMENTED OR TO THAT PROGRAM? >> THE PARCEL SEEMS TO BE SUBDIVIDED INTO THE ZONING DISTRICT WITHOUT HAVING
PARCELS. >> THAT'S KIND OF ODD.
>> IT IS VERY ODD. IT DOES HAPPEN. THERE ARE A NUMBER OF PARCELS ON U.S. ONE WHERE THIS HAPPENS WHERE THERE IS NOT INDIVIDUAL PARCELS. THE OWNERSHIP DOES EXPAND ONE PARCEL BETWEEN COMMERCIAL AND RESIDENTIAL. SO WE DO SEE THIS IN THE COUNTY. NOT CERTAIN WHY THERE IS A CODE LIKE THIS, BUT WE WOULD BE LOOKING AT THE FUTURE TO CONSOLIDATE THOSE INTO THE SINGLE ZONING DEPENDING ON WHAT THE OWNER WANTED TO HAVE HAPPEN ON THAT PROPERTY.
>> BUT FOR NOW, WE WERE JUST FOR EACH SEGMENT WITHIN THE PARCEL THAT WE WOULD MATCH AS BEST AS WE CAN?
>> YEAH. BUT WE WILL KEEP THIS COUNTY, FUTURE LAND USE AND ZONING. SO WHEN THEY COME IN AND IF THAT COMES IN FOR A SITE PLAN, WE WOULD THEN DISCUSS WITH THE APPLICANT. LET'S CONSOLIDATE THIS INTO A UNIFORM, FUTURE LAND USE AND ZONING, WHICH WILL COVER ALL THE USES THAT YOU WOULD WANT TO GET ON THAT, BARING IN MIND THAT WE DO HAVE RESIDENTIAL TO
THE NORTH AND WEST. >> CORRECT.
>> IT IS AN OPPORTUNITY TO RESOLVE THESE UNUSUAL LAYOUTS, ZONING LAYOUTS. OKAY. ANY OTHER QUESTIONS FOR STAFF. COMMENTS FROM THE BOARD? HEARING NONE. I'LL OPEN IT UP TO PUBLIC COMMENT. HEARING NONE. I WILL ENTERTAIN A MOTION.
>> I MOVE FOR APPROVAL. >> SECOND.
>> MOTION FOR APPROVAL BY MS CLEMONS. SECONDED BY MR.
EDWARDS. PLEASE CALL THE ROLL? >> EDWARDS?
>> YES. THANK YOU. NOW WE IS IN AN ENCLAVE, COMPLETELY SURROUNDED BY CITY ZONING AND CITY MUNICIPAL LIMITS. IT IS 4120 SELVITZ ROAD. AND THE ZONING IS HEAVY INDUSTRIAL IN
THE COUNTY. >> AND WHAT IS CURRENTLY ON
THAT PROPERTY? >> I'M NOT CERTAIN. THERE'S A BUILDING THERE AND SOME ACTIVITY GOING ON THERE. IT IS IN AN AREA WHERE YOU MENTIONED ACTUALLY TO THE EAST. TO THE EAST OF THAT IS THE CONCRETE PLAN. WE DO HAVE OTHER ACTIVITIES GOING ON HERE BOTH IN THE CITY AND THE COUNTY, AND IT IS PRIMARILY INDUSTRIAL. SO THIS IS ESSENTIALLY AS YOU MOVE FURTHER WEST, MORE OF AN INDUSTRIAL LOCATION, WHERE WE SEE THAT PARCEL TO THE EAST AND THAT SHOULD HAVE BEEN MORE OF A
TRANSITION TO RESIDENTIAL. >> ALL RIGHT, ANY OTHER QUESTIONS FOR STAFF? COMMENTS FROM THE BOARD?
>> SO THE MAN THEN FROM ALL THE PARCELS THAT FOR EXAMPLE THIS IS ANNEXED AND APPROVED. WANTS THIS AROUND IT. IS THERE LIKE AN ACTIVE PLAN WITH A DATE TO ALSO ANNEX THESE INTO THE CITY
AS WELL? >> WE HAVEN'T SCHEDULED ANY SORT OF FUTURE ACTION ON THIS WHERE WE ARE LEAVING THAT TO THE PROPERTY OWNERS TO SAY AS THEY MOVE FORWARD WITH THEIR
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BUSINESSES OR THE OTHER ACTIVITIES ON TEAR OWN PROPERTIES. SO WE DON'T. ONE OF THE ISSUES WE DON'T WANT TO GET INTO THE PROPERTY RIGHTS, SO JUST KEEPING THE EXISTING FUTURE LAND USE FOR ZONING DOESN'T GET US INTO THAT ARGUMENT. WE WOULD WANT THE PROPERTY OWNERS TO COME INTO THE CITY, RECEIVE CITY SERVICES, THEN ALSO HAVE THAT OPPORTUNITY TO TALK TO THEM ABOUT WHAT THEIR PLANS ARE FOR THAT PROPERTY. AND THEN THAT'S THE OPPORTUNITY THAT WHEN IT COMES BACK TO THE PLANNING BOARD THAT THERE WILL BE A DISCUSSION OF WHAT GOES ON IN THE PROPERTY. TO ANSWER YOUR QUESTIONS, NO, THIS ARE NO SET DATES OR SCHEDULES THAT WERE GOING TO BE MOVING ON THESE TWO. ENCOURAGE THEM MANDATORILYZONE OR FUTURE LAND USE. >> THOSE ARE THE ONES THAT ARE ON TODAY'S DOCKET OR WHAT YOU WOULD SEE 10, 15 YEARS AGO. AND THOSE WERE ACTIVELY PURSUED ABOUT THE CITY?
>> WHAT USUALLY HAPPENS IS A PROPERTY THAT'S OUTSIDE CITY LIMITS, BUT IS IN THE UTILITY SERVICE AREA NEEDS UTILITIES TO SIGN AN AGREEMENT TO RECEIVE THOSE UTILITIES TO ENABLE THEM TO TAKE ADVANTAGE OF THEIR PROPERTIES AND DO THINGS THAT THEY COULD NOT DO. IN DOING THAT THEY WILL ENTER INTO THAT AGREEMENT AND ENTIRELY IF THEY SIGNED THAT AGREEMENT TO THE START. IF THEY DO RECEIVE UTILITIES OUTSIDE THE CITY MUNICIPAL LIMITS, THEN THERE ARE SURCHARGES TO THEM DOING THAT, SO IT IS THEIR MONTHLY BILLS HAVE SURCHARGES, REGARDLESS OF SERVICE OUTSIDE THE CITY. ONCE THEY ANNEXED THOSE CITIES, THE SURCHARGE WILL GO AWAY. THERE IS A REDUCTION FOR THEM ON RECEIVING THE FLASHBACK TO THAT POINT.
YOU SEE A REDUCTION IN THEIR UTILITY BILLS. BUT THEY HAVE TO PAY CITY TAXES AT THE SAME TIME. IT I'M GOING TO GET WITH THE FINANCE DEPARTMENT TO SEE IF WE COULD HAVE A SET CALCULATION THAT ENABLES US TO SEAT DIFFERENTIALS. THAT WOULD BE A FAR BETTER EXPLANATION THAN JUST SAYING YOU'LL BE PAYING CITY TAX IN THE FUTURE. I THINK THAT WE HAVE TO COMMUNICATE BETTER ON WHAT THAT ACTUALLY MEANS.
>> IN AN AGREEMENT FOR ANY OTHER PROPERTY, YOU KNOW, JUST BEING A PIECE OF COUNTY PROPERTY IN AN ENCLAVE IS NOT IN AND OF ITSELF FOR US FOR THE CITY TO INITIATE ANYTHING?
>> THE CITY COULD. THERE ARE A NUMBER OF PROVISIONS IN THE STATE STATUTE THAT WILL ALLOW THE CITY TO LOOK AT AN ENCLAVE AND THERE ARE VARIOUS METHODOLOGIES THAT THE CITY COULD USE. BUT THAT WOULD NEED TO BE SET OUT IN A STRATEGY BY CITY COMMISSION. I THINK IT IS ONE OF THE SIMPLEST WAYS TO DEAL WITH ENCLAVES IS TO HAVE THE ANNEXATION AGREEMENT WITH THE COUNTY. THAT THE CITY WOULD TAKE THESE PROPERTIES AND THEY WOULD AGREE TO THAT. THAT COULD BE DONE VERY QUICKLY. THERE ARE REFERENDUMS IF YOU ARE LOOKING AT MORE OF A LARGER AREA OF THE COUNTY TO SQUARE OFF INTO THE CITY. THAT IS AN EXPENSIVE WAY TO DO THAT BECAUSE YOU NEEDED TO PUT IT ON THE REFERENDUM WITH NO GUARANTEE. YOU NEED A PERCENTAGE OF THOSE PROPERTY OWNERS THAT ARE COMING BACK IN. AND THERE ARE THINGS GOING THROUGH WITHIN THE ATTORNEY DISCUSSING SOME OF THE PIECES OF THAT STATE STATUTE BECAUSE THERE ARE THINGS THAT SOMEBODY HAS A PARCEL, IN THAT AREA IN TERMS OF PARCELS AND AREA THAT THE CITY IS COMMITTED TO MOVE TO ANNEX IN A WHOLE LOT. AND THAT IS MORE COMPLICATED AND COULD TAKE PEOPLE BY SURPRISE.
I DON'T THINK THAT THE CITY WILL BE WANTING TO MOVE THAT WAY, BUT IT IS THERE AND AVAILABLE. THE STATE HAS A POLICY, WHICH IS REFERRED TO IN SECTION ONE OF THE STATUTE THAT
[00:45:04]
IS, THAT THEY -- IT IS A POLICY OF THE STATE TO REMOVE ENCLAVES. AND SO IN TERMS OF DISPUTES BETWEEN PROPERTY OWNERS AND THE CITY ABOUT DOING THIS THAT THE CITY WOULD BE IN A GOOD POSITION, BUT I DON'T KNOW POLITICALLY OR RELATIONSHIP WISE THAT WE WOULD WANT TO INITIATE THAT SORT OFCONFLICT. >> ALL RIGHT. THANK YOU. ANY QUESTION OPEN NUMBER NINE HERE? PUBLIC COMMENT, WE'LL TURN IT OVER TO PUBLIC COMMENT. NO PUBLIC COMMENT. I WILL
ENTERTAIN A MOTION. >> MOTION TO APPROVE.
>> SECOND. >> A PROVE FOR APPROVAL BY MS CARTER, SECONDED BY MS BAXEVANIS. PLEASE CALL THE
>> YES. >> THANK YOU. AND WE HAVE THE ASSISTED PARCEL TO THE ONE THAT WE JUST MOTIONED TO MOVE FOR APPROVAL TO THE CITY. THIS IS 4190 SELVITZ ROAD, THE PARCEL TO THE NORTH THAT WE WOULD HAVE COMPLETED THE REMOVAL OF THIS ENCLAVE, SO ALL OF THIS WILL BECOME THE CITY WITHIN THE CITY LIMITS. SAME FUTURE LAND USE AND INDUSTRIAL AND HEAVY
INDUSTRIAL AND ZONING. >> ANY QUESTIONS FOR STAFF OR OTHER COMMENTS FROM THE BOARD? HEARING NONE, I WOULD OPEN IT UP TO PUBLIC DISCUSSION. HEARING NONE, I WILL ENTERTAIN
A MOTION FOR APPROVAL. >> MOVE TO APPROVE.
>> SECOND. >> WE HAVE A MOTION FOR APPROVAL FROM MS BAXEVANIS. SECOND BY MS CLEMONS. PLEASE
>> YES. >> THANK YOU. AND THE FINAL ONE OF THIS SET IS OFF OF GLADES CUT-OFF ROAD. THERE IS AN ACTIVITY THAT'S GOING ON IN THE MOMENT WITH A BUSINESS THERE. AND IT IS AN INDUSTRIAL AND HEAVY INDUSTRIAL THAT IS SORT OF ALL AROUND THIS AREA AND THE SAME AS ZONING AND FUTURE LAND USE. IT DOESN'T HAVE AN ADDRESS AT THE MOMENT.
I DON'T KNOW WHY THAT IS, BUT IT'S AROUND 5300 GLADES CUT-OFF ROAD. SO WE WILL BE ENCOURAGING THE PROPERTY OWNERS
TO ENTERTAIN AN ADDRESS. >> WE WOULD LIKE TO THINK SO.
HOW DO THEY OPERATE WITHOUT AN ADDRESS?
>> I HAVE NO IDEA. I HAVE NO IDEA.
>> ALL RIGHT, ANY OTHER QUESTIONS FOR STAFF? COMMENTS FROM THE BOARD? HEARING NONE, I'LL OPEN IT UP TO PUBLIC COMMENT ON OUR LAST ANNEXATION ITEM 11. SEEING NONE, I WILL
ENTERTAIN A MOTION. >> I MOVE FOR APPROVAL.
>> SECOND. >> MOTION FOR APPROVAL BY MS CLEMONS. SECONDED BY MR. EDWARDS. PLEASE CALL THE ROLL.
[b. Conditional Use with New Construction - City of Fort Pierce Gateway Monument Sign - 2423-234-0001-000-1]
>> WELL DONE EVERYONE. >> THANK YOU.
>> GOOD JOB. >> MOVING ON NOW TO AGENDA ITEM 6B. CONDITIONAL USE WITH NEW CONSTRUCTION, CITY OF FORT
PIERCE GATEWAY MONUMENT SIGN. >> GOOD AFTERNOON.
>> HELLO. >> OKAY. ALL RIGHT, SO PLANNING BOARD, TODAY WE DO HAVE A CONDITIONAL USE. APPLICATION FROM THE CITY OF FORT PIERCE TO INSTALL A GATEWAY MONUMENT SIGN. THE APPLICANT IS THE VP OF DON BELLS. PROPERTY OWNERS,
[00:50:03]
CITY OF FORT PIERCE. 2423-234-0001-000-1. IN SUMMARY OF THE CONDITIONAL USE APPLICATION HAS BEEN SUBMITTED ON BEHALF OF THE CITY OF FORT PIERCE TO INSTALL ONE ALUM NATEED GATEWAY MONUMENT SIGN ALONG SOUTH INDIAN RIVER DRIVE.IT'S SUPPOSE TO BE PLACED ON THE WEST END OF THE VACANT LOT.
HERE IS AN AERIAL VIEW OF THE AREA. THIS SITE IS APPROXIMATELY 1.28 ACRES. THE EXISTING FUTURE LAND USE OF THE PROPERTY IS LOW DENSITY RESIDENTIAL, RL. THE EXISTING ZONING IS THE SINGLE PARCEL CITY, E1. HERE IS A SITE PLAN OF THE MONUMENT SIGN. IT SHOWS HERE THAT IT WILL HAVE A 12-FOOT SETBACK FROM THE ROAD. THERE WILL BE A SIDE A AS WELL AS A SIDE B. AND SIDE A IF YOU ARE HEADED NORTH ON SOUTH INDIAN RIVER DRIVE OR WELCOME TO FORT PIERCE. AND WOULD THANK THEM FOR VISITING FORT PIERCE. A DESIGN VIEW INCLUDING THE COLOR SCHEME AND AS WELL AS THE NIGHT VIEW VISION OF THE SIGN.
AND ALSO SHOWING HERE THAT THE SIGN HEIGHT WILL BE A LITTLE OVER NINE FEET IN HEIGHT AND ABOUT EIGHT FEET WIDE. AN UPCLOSE VIEW OF THE SIGN. STAFF RECOMMENDATIONS APPROVE FOR THE RECOMMENDATION AND TO RECOMMEND APPROVAL WITH CONDITIONS OR RECOMMEND DISAPPROVAL. THANK YOU.
>> THANK YOU. >> ALL RIGHT, SO IN LOOKING INTO THIS APPLICATION, WE SEE THERE ARE TWO PIECES OF CITY PROPERTY RIGHT NEXT TO EACH OTHER THAT ARE OWNED, RIGHT WHERE THIS IS OWNED. IT IS ALSO OWNED TO THE CITY. AND SO I THINK JUST GENERALLY IN THIS WILL COME UP ALTHOUGH I THINK THE LADIES FROM THE CITY MANAGER'S OFFICE STEPPED OUT.
I DID SEE SOME COME DOWN OUT OF HERE.
>> SHE HAD TO LEAVE. >> THE APPLICANT DIDN'T BOTHER TO SHOW UP. I THINK MY COMMENT IS JUST OUT OF CURIOSITY ON WHY THIS SITE WAS CHOSEN AS OPPOSED TO THE SMALLER PARCEL, WHICH I MEAN THIS PARCEL IS THE SAME SIZE AS THE PARCEL TO THE SOUTH. YOU COULD EASILY SEE RESIDENCE BEING BUILT ON THAT PROPERTY AND IT IS VERY NARROW AND IT DOESN'T LOOK LIKE IT WOULD SERVE MUCH PURPOSE FOR ANY DEVELOPMENT. AND I'M JUST REALLY CURIOUS AS TO WHY THE SOUTH PROPERTY WAS CHOSEN FOR THIS SIGN SITE AS OPPOSED TO THE NORTH ONE. BUT THAT'S REALLY MORE OF A QUESTION FOR THE PROPERTY OWNER. MY REVIEW OF THE APPLICATION, I SAW THERE WAS A COMMENT FROM THE POLICE DEPARTMENT ABOUT ENSURING THE SIGN DID NOT IMPEDE THE VIEW OF MOTORISTS EXITING AND ENTERING THE NEIGHBORING DRIVEWAYS, WHICH IS A LEGITIMATE CONCERN GIVEN THAT THE SIGN IS BEING PROPOSED ON THE WEST SIDE OF INDIAN RIVER DRIVE AND NOT THE EAST. I THINK FROM AN EYE LINE PERSPECTIVE THAT THE EAST SIDE OF THE ROAD WOULD MAKE MORE SENSE TO WELCOME PEOPLE.
DRIVERS ON THE RIGHT SIDE OF THE ROAD THAT ARE HEADING NORTH. IT WOULD ALSO ELIMINATE ANY POSSIBILITY OF MOTORISTS SOUTHBOUND HAVING THAT SIGN IMPEDE THE VIEW OF THAT DRIVEWAY DIRECTLY TO THE SOUTH. SO THOSE ARE MY COMMENTS AT THIS TIME. I DON'T OBJECT TO THE SIGN BEING IN PLACE. I THINK IT IS A FANTASTIC IDEA. I JUST THINK THAT THE PLAN COULD
[00:55:04]
BE TWEAKED A LITTLE BIT AND MAYBE MAKE A LITTLE MORE SENSE.ANY OTHER COMMENTS FROM THE BOARD?
>> YES. SO I GUESS MY QUESTION IS WHY THIS LOCATION JUST IN GENERAL AND HOW CLOSE TO THE BORDER OF THE CITY THIS IS. BUT THEN ALSO I MEAN YOUR COMMENT VERSES EAST VERSES WEST. IF I HAD A PROPERTY HERE LOOKING OUT TO THE RIVER, I GUESS I WOULD NOT WANT THE SIGN THERE BECAUSE THEN IT IMPEDES MY VIEW OF THE RIVER AND THE BEAUTY OF IT. I CAN SEE THE OTHER WAY AS FAR AS FOR THE IMMEDIATE PROPERTY OWNERS AND TO HAVE A NICE MEETING, WHEN THEY BUY A HOME ON INDIAN RIVER DRIVE. SO I SEE YOUR POINT AND ANOTHER VIEWPOINT TO CONSIDER. AND THEN YEAH, WHY THIS PARTICULAR PARCEL WHERE THERE COULD BE DEVELOPMENT LIKE WHY NOT OTHER PARCELS IN GENERAL.
>> YEAH, STAFF WOULD LIKE TO PASS THE COMMENTS ONTO THE APPLICANTS.
SMALLER LOT WOULD BE MAKING MUCH MORE SENSE. AND WITHOUT THE POTENTIAL OF THE CITY TO TAKE ADVANTAGE OF THE VALUE OF
THE OTHER LOT IN THE FUTURE. >> AND TO MS CARTER'S EARLIER QUESTION. ARE YOU ABLE TO BRING UP THE MAP OF THE CITY BOUNDARY TO THE SOUTH? THESE RESIDENCES ARE ALL WITHIN THE CITY, CORRECT? HOW FAR DOWN DOES THAT BORDER OF THE CITY PROPERTY GO?
>> FURTHER. FURTHER TO THE SOUTH. JUST SO WE COULD SEE ANYBODY VIEWING IT AT HOME COULD SEE WHERE THE SOUTHERNMOST BORDER OF THE CITY PROPERTY IS IN RELATIONS TO WHERE THE SIGN IS BEING PROPOSED.
>> IT IS FRUSTRATING ON THIS. >> AS YOU ARE PULLING THAT UP.
ONE OF THE THINGS THAT KIND OF CROSSED MY MIND IS THAT THAT IS A TWO-LANE ROLE THAT IS NOT UTILIZED BY A LOT OF PEOPLE AND THAT IS THIS SIGN OF WELCOME TO FORT PIERCE THAT THEY ARE DOING AND THE FIRST OF EIGHT, AM I CORRECT?
>> YES, THERE WILL BE OTHER SIGNS THAT WILL BE PLACED THROUGHOUT THE CITY. DO YOU KNOW WHERE THE OTHER LOCATIONS
ARE? >> THOSE LOCATIONS HAVE NOT BEEN IDENTIFIED. I KNOW THAT THIS WILL BE SOME ON THE BEACH SIDE AND SOME DOWNTOWN BEING REPLACED FOR THE DIRECTIONAL SIGNS, BUT THEY HAVE NOT IDENTIFIED EXACTLY WHERE THEY
ARE GOING TO BE. >> AS A CITIZEN OF THE CITY OF FORT PIERCE, I WOULD LIKE TO SAY, TO GET THE MOST FOR MY MONEY, THAT I DON'T NEED THEM TO WELCOME ME TO THE CITY AND YOU ARE ALREADY FIVE MILES INTO THE CITY. THAT IS UNDERSTANDABLE. THAT'S DEFINITELY A CONCERN FOR ME AND EVEN FOR THE FIRST IMPLEMENTATION OF THIS THAT WE DON'T KNOW WHERE THE REST OF THEM ARE GOING. THE FIRST THING THAT CROSSED MY MIND, WHY ARE WE PUTTING THIS THERE? IT IS
NOT FREQUENTED. >> NO. WE WERE HOPING TO HAVE A BETTER APPRECIATION OF THE CONCEPT OF WHERE THESE WERE GOING TO GO AND WHERE THEY WERE GOING TO BE SO IF YOU COULD
ZOOM OUT. >> I'LL SAY THIS WHEN I WAS READING IT AND I ONLY SAW THE ONE AND I HAD NOT NOTICED THAT IT WAS EIGHT. I WAS WONDERING WHO WAS PAYING FOR IT.
>> WHEN YOU CALL IT THE PURPLE, THE PINK COLOR, THE CITY BOUNDARIES. THE YELLOW HIGHLIGHTED IS THAT PROPOSED
LOCATION OF THE SIGN. >> TO ME IT DOES NOT MAKE SENSE TO PUT THAT SIGN HERE AND USUALLY THAT WELCOME SIGN IS AT
THE BORDER OF THE CITY LIMITS. >> YEP. AND ALSO WHY EIGHT OF
THEM AS WELL. I MEAN -- >> CAN THE CITY DO THE STUDY AND WHICH ROADS WILL HAVE THE HIGHEST TRAFFIC? AND THEN START
THERE. >> YEAH, I DON'T KNOW HOW THIS
[01:00:05]
WAS DONE. >> IT SOUNDS LIKE WE WILL BE HEARING ABOUT THIS SEVEN MORE TIMES.
>> ACTUALLY SOME OF THE OTHERS, THEY MIGHT BE GOING IN THE
RIGHT OF WAYS. >> AND THAT WOULD BE MY NEXT THING THAT I DON'T BELIEVE THAT THE CITY HAS TO OWN THAT PROPERTY THAT THE SIGN WILL GO ON IF THAT RIGHT OF WAYS ARE THERE AND AVAILABLE THAT THEY COULD BE USED FOR THESE
PURPOSES. >> THE ONLY REASON YOU'RE SEEING THIS NOW THAT THEY ARE A CONDITIONAL USE.
>> RIGHT. >> THAT'S THE ONLY REASON THAT YOU'RE SEEING THIS NOW. SO I WOULD -- I THOUGHT THE OTHERS WERE ACTUALLY ALREADY THE URGENCY OF THIS ONE AND I THOUGHT THE OTHERS WERE ALREADY, YOU KNOW, LATE STAGE PLANNING FOR CONSTRUCTION AND WE WERE NOT, YOU KNOW, INVOLVED WITH THAT BECAUSE THEY WERE NOT IN THE RIGHT OF WAY. SO THAT IS WHY I WAS THINKING THAT THERE WOULD BE A MORE WIDER PRESENTATION AVAILABLE FOR, YOU KNOW, WHERE THESE THINGS WERE
GOING TO GO. >> I'M JUST TRYING TO UNDERSTAND LIKE WHAT BENEFIT THEY WOULD BE FOR THE CITY TO PUT THAT ON THE PIECE OF REALLY AMAZING PROPERTY THAT THIS CITY FOR WHATEVER REASON WILL OWN. AND IN A SENSE, MAKING IT KIND OF USELESS FOR ANY OTHER PURPOSE UNTIL THAT SIGN WILL
GET MOVED. >> YOU'RE STERILIZING THIS?
>> YEAH. >> I MEAN, WITHOUT HAVING ANSWERS TO THOSE QUESTIONS, I'M NOT REALLY INCLINED TO RECOMMEND APPROVAL FOR THE USE. IT'S A GREAT IDEA THAT WE'RE DOING THESE SIGNS. AND I DON'T EVEN NECESSARILY OBJECT TO IT BEING AS FAR NORTH FROM THE CONTINUOUS PROPERTY THAT I UNDERSTAND SOMETIMES YOU CAN'T PUT THEM ON THE BORDER, BUT I FEEL LIKE WE NEED MORE EXPLANATION AS TO WHY THIS IS
BEING SELECTED. >> IF I COULD SUMMARIZE THE INFORMATION THAT WE WOULD LIKE TO COME BACK WITH IS JUST A BETTER EXPLANATION OF THE LOCATION OF THE WHOLE CONCEPT OF THE GATEWAY SIGNS IN THE CITY TO THE ACTUAL PARCEL THAT'S USED HERE TO BE MOVED TO THE NARROWER PARCEL IF IT WAS TO GO INTO THIS LOCATION. AND WITHOUT EXPLANATION OF THE LOCATIONS, WHERE ARE THE LOCATIONS TO THE SOUTH CONSIDERED? AND WHETHER THEY WANT TO LOOK AT THE EAST, WEST QUESTION. IT WOULD BE GOOD TO HAVE AN ANSWER ON THAT.
>> OBVIOUSLY THE COMMENTS FROM THE POLICE DEPARTMENT IS VERY VALID OF A CONCERN, ESPECIALLY WITH THE HISTORY OF SOME OF THE VERY BAD ACCIDENTS THAT WE HAVE HAD ON THE ROAD IN THE PAST?
>> YES. >> AND WITH THE COMMENTS FROM THE POLICE DEPARTMENT, WHAT THE APPLICANT DID. THEY WOULD REVISE THE SETBACK. SO INITIALLY WHEN THEY WERE SUBMITTED, IT WAS CLOSER TO THE ROAD. AND SO WITH THEM WEIGHING IN AND THE SETBACK WILL MEET THE STANDARDS.
>> THANK YOU. >> YOU'RE WELCOME.
>> ALL RIGHT. THE APPLICANT IS NOT HERE. IS THERE ANYONE FROM THE PUBLIC WISHING TO SPEAK ON THIS ITEM? SEEING NONE, I WOULD SEND IT BACK TO THE BOARD FOR ANY ADDITIONAL COMMENT OR QUESTIONS. SEEING NONE. I WILL ENTERTAIN A MOTION.
>> I MOVE THAT WE TABLE THIS ITEM UNTIL WE COULD GET FURTHER EXPLANATION ABOUT THOSE ITEMS THAT WE QUESTIONED EARLIER.
>> SECOND. >> ALL RIGHT. WE HAVE A MOTION TO TABLE THIS AGENDA ITEM UNTIL A LATER DATE. SECONDED BY MS
[c. Annual Open Government Training]
>> YES. >> NOW FOR ITEM 6C, SOME ENLIGHTENING EDUCATION FOR US. ANNUAL OPEN GOVERNMENT
TRAINING. >> I'M SORRY, I MIGHT HAVE A QUESTION. AND DO I HAVE TO TAKE IT AGAIN? AND WE WILL KEEP
[01:05:04]
DOING THIS QUIETLY OVER AND OVER. IT IS GOOD BECAUSE A LOT OF THE TIMES DIFFERENT QUESTIONS DO COME UP BETWEENTHE DIFFERENT BOARDS. >> I UNDERSTOOD.
>> ALL RIGHT. SO FOR THOSE OF YOU WHO DO NOT KNOW ME, I'M THE CITY ATTORNEY, SARA HEDGES. WE ARE CONTINUING TO DO THEM ON AN ANNUAL BASIS GOING OVER OUR OPEN GOVERNMENT LAWS. SO THERE ARE THREE THINGS THAT WE WILL BE GOING OVER TODAY ARE THE SUNSHINE LAW, PUBLIC RECORDS LAWS, AND VOTING CONFLICT OF INTEREST. THERE ARE PLENTY OF THINGS WITHIN THOSE LAWS THAT WE WILL NOT COVER TODAY. THIS IS AN OVERVIEW THAT IS MORE IN DEPTH WHEN YOU DID YOUR INITIAL TRAININGS WHEN YOU WERE PLACED ON THE BORDER, SELECTED FOR THE BOARD. BUT AS I GO THROUGH THIS IF YOU HAVE ANY QUESTIONS ABOUT ANYTHING, PLEASE FEEL FREE TO STOP ME AND ASK ANY QUESTIONS THAT YOU HAVE. SO THESE LAWS DO APPLY TO THE CITY AS A WHOLE AND CLOSE OUR CITY COMMISSION AND ALL THE BOARDS AND COMMITTEES. AND THAT LIST THERE IS THE BOARDS AND THE COMMITTEES, PLUS THE AFFORDABLE HOUSING ADVISORY COMMITTEE IS NOT ON THERE. SO I DO FEEL YOUR PAIN WITH HAVING TO LISTEN TO ME NUMEROUS TIMES. I HAVE TO LISTEN TO ME NUMEROUS TIMES TOO. AND CHAPTER 286 IN FLORIDA STATUTES. WHAT THIS DOES, IT PROVIDES A RIGHT OF ACCESS TO OUR PROCEEDINGS FOR OUR BOARDS AND OUR COMMISSION. THIS APPLIES AT THE LOCAL LEVEL OF GOVERNMENT, WHICH IS WHERE WE ARE. AND WHEN THERE IS A GATHERING OF TWO OR MORE BOARD MEMBERS AND THEY DISCUSS IN THAT, ANY ITEM THAT IS FORESEEABLE TO COME FOR US FOR ACTION. THIS APPLIES ONLY TO YOUR BOARD IF SOMEBODY IS ON YOUR BOARD, THAT IS WHO YOU ARE PROHIBITED FROM SPEAKING ABOUT AN ACTION. AND IF IT IS FRIENDS, FAMILY, A COMMISSIONER THAT IS NOT ON YOUR BOARD OR THE STAFF MEMBER OR IF IT IS ANYONE ELSE THAT IS NOT ON YOUR BOARD, SUNSHINE DOES NOT APPLY AND YOU CAN SPEAK TO THOSE INDIVIDUALS. IT IS ON THIS PARTICULAR BOARD WITH YOU. ONE OF THE BIG KEYS TO THIS, IT'S ANY ACTION, WHICH IS FORESEEABLE TO COME BEFORE YOU AND ANY ITEM, WHICH IS FORESEEABLE TO COME BEFORE YOU FOR ACTION. SO SOMETIMES THERE MIGHT BE SOMETHING THAT IS NOT SPECIFICALLY ON YOUR AGENDA YET, BUT YOU KNOW IT IS FORESEEABLE THAT IT IS COMING TO YOU BECAUSE YOU HEARD ABOUT IT AND YOU KNOW WHAT WILL COME BEFORE YOU ON THE PLANNING BOARD. IF IT IS FORESEEABLE, THAT IS WHAT'S OFFLIMIT, WHICH WE WILL GO IN THE THREE STEPS OF. THREE REQUIREMENTS NEED TO BE MET. THE MEETING MUST BE OPEN TO THE PUBLIC, NOTICE GIVEN, AND WRITTEN MINUTES MUST BE OPEN. LUCKILY FOR YOU ALL, YOU DON'T HAVE TO DO ANY OF THAT YOURSELF. STAFF IS GOING TO TAKE CARE OF ALL OF THAT FOR YOU. THE BIG KEY FOR YOU, MAKING SURE YOU DON'T TRIGGER AN ACCIDENTAL SUNSHINE MEETING. IF YOU'RE OUT IN PUBLIC, TALKING, AVOIDING CONVERSATIONS THAT YOU SHOULDN'T HAVE UNDER SUNSHINE, THEN WE'LL ET INTO SOME OF THE DIFFERENT TYPES OF COMMUNICATIONS THAT MIGHT BE IT. SO THERE IS A VERY LIMITED EXCEPTION WHERE BY A BOARD IT IS ONLY FACT FINDING THAT DOES NOT MAKE ANY RECOMMENDATIONS TO THE COMMISSION. SUNSHINE TECHNICALLY DOES NOT APPLY TO THEM. WE DO NOT HAVE ANY OF THOSE BOARDS IN THE CITY. EVEN IF YOU FIND YOURSELF ON THE BOARD IN THE CITY AND THINK THAT WE ARE NOT MAKING A RECOMMENDATION, THEN THE CITY WILL STILL FOLLOW ALL THEIR BOARDS AND COMMITTEES. IT WILL APPLY TO YOU EVEN THOUGH WHAT YOU'RE DOING IS A RECOMMENDATION. THE CITY COMMISSION WILL RECEIVE YOUR RECOMMENDATION. THEY CAN ACT HOWEVER THEY DEEM APPROPRIATE WITHIN THE CONFINES OF THE LAW.
BUT EVEN THOUGH IT IS ONLY A RECOMMENDATION, YOU STILL DO HAVE TO FOLLOW SUNSHINE ON THIS BOARD SERVICE. SO THE BOTTOM QUOTE THERE IS FROM THE FLORIDA SUPREME COURT. IT SAYS THE PRINCIPLE TO BE FOLLOWED IS VERY SIMPLE. WHEN IN DOUBT, THE MEMBER OF ANY BOARD, AGENCY, OR COMMISSION SHOULD FOLLOW THE OPEN MEETING POLICY OF THE SATE. SO IF YOU EVER HAVE A QUESTION OF DO WE NEED TO BE IN THE SUNSHINE TO HAVE THIS CONVERSATION OR IS THIS A SUNSHINE MEETING? APPLY IT BROADLY, FOLLOW SUNSHINE. YOU MAY FIND YOURSELF ON A BOARD, I DON'T BELIEVE THERE ARE ANY EX OFFICIO ON THE BOARD. OKAY. SO IF YOU DO HAVE ANY EX OFFICIO MEMBERS ON YOUR BOARD, SUNSHINE APPLIES TO THEM. EVEN THOUGH AN EX OFFICIO MEMBER IS SOMEBODY SERVING ON THE BOARD BY VIRTUE OF THEIR POSITION. THE ONE WE
[01:10:03]
OFTEN SEE AS THE MAYOR. SHE'S ON CERTAIN BOARDS BECAUSE SHE IS THE MAYOR. EVEN IF THAT EX OFFICIO MEMBER DOES NOT VOTE, SUNSHINE STILL APPLIES TO THEM. SO WHETHER THEY ARE VOTING OR NOT, YOU STILL CANNOT HAVE CONVERSATIONS ABOUT ITEMS FORESEEABLE TO COME BEFORE YOU FOR ACTION UNLESS YOU'RE IN THESE PROPERLY NOTICED SUNSHINE MEETINGS. AS I STATED BRIEFLY, YOU CAN STILL TALK TO STAFF ALL YOU WANT ABOUT ITEMS. SO IF YOU HAVE A QUESTION FOR KEV, YOU CAN CALL KEV, JUST DON'T CALL KEV WITH ANOTHER BOARD MEMBER TO TALK ABOUT YOUR ITEMS. WHAT YOU CANNOT DO IS USE KEV OR ANY OTHER STAFF MEMBER OR A MEMBER OF THE PUBLIC FOR THAT MATTER AS A GO BETWEEN. SO IF YOU COULDN'T HAVE A CONVERSATION DIRECTLY WITH EACH OTHER, YOU CAN'T USE A THIRD PARTY TO HAVE THAT COVERSATION. SO YOU CAN'T SAY HEY, WE'VE GOT THIS ANNEXATION COMING UP. CAN YOU PULL THE OTHER BOARD MEMBERS AND THINK WHAT THEY THINK ABOUT IT? YOU CAN'T DO THAT. YOU HAVE TO HAVE THAT CONVERSATION HERE IN THIS MEETING. SO SUNSHINE MEETINGS, THEY -- THIS IS A VERY CLEAR EXAMPLE OF A SUNSHINE MEETING, RIGHT. WE'RE SITTING IN COMMISSION CHAMBERS. WE'RE ALL HERE, WE'RE BEING RECORDED. YOU'RE BEING PRESENTED AGENDA ITEMS. BUT SUNSHINE DOESN'T ONLY APPLY TO YOUR FORMAL GATHERINGS. IT APPLIES TO INFORMAL GATHERINGS AS WELL. AND THAT IS WHERE PROBABLY YOUR MOST TROUBLE CAN COME UP IS IF YOU ARE AT PUBLICS AND YOU RUN INTO EACH OTHER AND YOU START TALKING ABOUT ANNEXATION OR THE SIGNS ON INDIAN RIVER DRIVE YOU DON'T LIKE. WHATEVER IT MIGHT BE, YOU WANT TO AVOID HAVING THOSE CONVERSATIONS SINCE WE JUST TABLED SOMETHING, SO IT IS FORESEEABLE TO COME BACK BEFORE YOU, RIGHT? SO INFORMAL CONVERSATIONS, AS WELL AS FORMAL MEETINGS IS WHAT SUNSHINE APPLIES TO. THIS INCLUDES OBVIOUSLY VERBAL COMMUNICATIONS ARE PRETTY EASY, BUT IT'S NOT LIMITED TO JUST VERBAL. IT'S ALSO THINGS IN WRITING. TEXT MESSAGES, E-MAILS, SOCIAL MEDIA POSTS, PRIVATE MESSAGES BACK AND FORTH OR COMMENTS ON SOMEBODY'S FACEBOOK WALL, SKY WRITING, WHATEVER IT MIGHT BE. THE TWO-WAY COMMUNICATION BETWEEN EACH OTHER ABOUT AN ITEM FORESEEABLE TO COME BEFORE YOU FOR ACTION IS WHAT'S PROHIBITED UNDER SUNSHINE. YOU HAVE TO DO THAT IN THESE PROPERLY NOTICED OPEN TO THE PUBLIC, WRITTEN MINUTES BEING RECORDED MEETINGS.>> ONE QUESTION? >> YES, MA'AM.
>> SINCE IT IS ALREADY TO THE PUBLIC. LET'S SAY I NEED EDWARDS OR SOMEBODY, AND THEN WE STOP TALKING AND THAT COMES UP. IS THAT CONSIDERED? BECAUSE IT IS JUST TWO OF US?
>> SO IT IS TWO OF YOU. IF THERE ARE TWO OR MORE OF YOU, YOU CANNOT TALK ABOUT ANY ITEM FORESEEABLE TO COME TO THE BOARD FOR ACTION SINCE YOU'RE ON THE SAME BOARD TOGETHER. YOU CAN TALK ABOUT ANYTHING ELSE YOU WANT TO TALK ABOUT. HOW IS THE FAMILY? HOW IS YOUR MOTHER'S DAY? WE NEED SOME MORE RAIN. WHATEVER IT MIGHT BE, BUT YOU CANNOT TALK ABOUT ITEMS FORESEEABLE TO COME TO YOU FOR ACTION ON THIS BOARD.
IT DOESN'T MATTER IF IT IS TWO, THREE, FOUR, FIVE, THEN YOU'VE GOT SEVEN TOTAL. IF THERE IS MORE THAN ONE OF YOU ON THE BOARD, YOU CANNOT TALK ABOUT ITEMS BEFORE YOU.
>> I'M NOT TRYING TO SEE TOMORROW. I'LL CHECK IT OUT.
>> I'VE GOTTEN THAT QUESTION. DO WE RUN AWAY FROM EACH OTHER? HOW DO WE AVOID SOMEONE SAYING THEY WERE HAVING AN IMPROPER CONVERSATION, RIGHT? I DON'T HAVE A GOOD ANSWER FOR YOU. I WISH I DID. THE JUDGE WOULD INFORM ALL THE POTENTIAL JURORS, THEY GIVE THEM AN INSTRUCTION THAT ESSENTIALLY SAYS LOOK, THE LAWYERS CAN'T TALK TO YOU OUTSIDE THIS COURTROOM. SO IF THEY SEE YOU, PLEASE DON'T BE OFFENDED IT IF THEY RUN AWAY FROM YOU. IT'S NOT PERSONAL, IT'S BECAUSE THEY DON'T WANT TO BE ACCUSED OF ANYTHING IMPROPER. I WOULD TELL YOU AS A LAWYER, THE NUMBER OF TIMES I RAN AWAY FROM SOMEONE THAT I SAW A JUROR BADGE ON IS OUTRAGEOUS. IT DOES LOOK LIKE YOU'RE BEING RUDE, RIGHT? BUT YOU'RE DOING IT, SO YOU'RE NOT ACCUSED OF ANYTHING IMPROPER. I'M NOT SAYING YOU ALL HAVE TO RUN AWAY FROM EACH OTHER AT ALL. JUST BE MINDFUL OF THE CONVERSATIONS THAT YOU'RE HAVING AND KNOW THAT SOMETIMES PEOPLE ARE WATCHING AND THEY DO SOMETIMES WANT TO TRY TO FIND FAULT WITH YOU AND WHAT YOU'RE DOING. SO JUST BE MINDFUL.
>> YES, MA'AM. SO THIS PIGGYBACKS ON THE CONVERSATIONS WE WERE JUST TALKING ABOUT. TECHNICALLY SUNSHINE APPLIES TO TWO-WAY COMMUNICATIONS, RIGHT? SO IF YOU ARE TO HAVE A CONVERSATION WHEN YOU'RE OUT IN PUBLIC TOGETHER AND YOU ARE THE ONLY ONE TALKING AND YOUR OTHER BOARD MEMBER IS NOT
[01:15:02]
RESPONDING TO YOU. TECHNICALLY UNDER THE LAW, NOT A SUNSHINE VIOLATION. AND YOU WILL SEE THAT I'M USING THE WORD TECHNICALLY WITH A LITTLE ANNOYANCE IN MY OWN VOICE BECAUSE WE DON'T WANT TO GET CLOSE TO THESE TECHNICAL LINES, RIGHT? AS SOON AS HE NODS AT YOU OR SAYS NO, WELL NOW YOU'VE HAD TWO-WAY COMMUNICATION, RIGHT? SO WHERE THIS USUALLY COMES UP IS E-MAILS. YOU ALL HAVE AN ITEM COMING UP AND YOU HAVE SOME MATERIAL THAT YOU WANT OTHER MEMBERS OF YOUR BOARD TO KNOW ABOUT, SO YOU WILL JUST FIRE OFF AN E-MAIL AND SAY HEY, HERE IS THIS ARTICLE THAT I SAW. THAT IS IMPORTANT FOR US FOR THE NEXT MEETING. TECHNICALLY UNDER THE LAW, NOT A SUNSHINE VIOLATION, RIGHT? BECAUSE IT'S A ONE-WAY COMMUNICATION. BUT THE SECOND ONE BOARD MEMBER RESPONDS BACK TO YOU, WELL YOU'VE TRIGGERED A SUNSHINE MEETING. SO WHILE YOU CAN TECHNICALLY DO SOMETHING, PROBABLY NOT IN YOUR BEST INTEREST TO DO SO BECAUSE IT IS A VERY FINE LINE OF CROSSING THAT LINE. SO WHEN IT COMES TO MATERIALS AS AN EXAMPLE. IF YOU HAVE SOMETHING THAT YOU WANT THE REST OF YOUR BOARD MEMBERS TO KNOW OR RECEIVE, SEND THAT TO STAFF.STAFF WILL FIND A WAY TO PROPERLY DISSEMINATE THAT.
>> HOW WOULD THIS APPLY TO PAST, CLOSED AGENDA ITEMS?
>> GREAT QUESTION, WHICH I HAVE RECEIVED BEFORE. A LOT OF TIMES THINGS ARE DONE, YOU THINK THEY'RE DONE, RIGHT? BUT HOW MANY TIMES HAVE YOU HAD SOMETHING COME BACK BEFORE YOU FOR ACTION EVEN THOUGH YOU'VE ALREADY DONE IT? SO I THINK WE'VE HAD THINGS WHERE WE HAVE HAD TO AMEND SOMETHING BECAUSE OF AN ERROR OR SOMETHING LIKE THAT. IT HAS TO COME BACK BEFORE YOU ALL TO VOTE ON IT. SO JUST BECAUSE SOMETHING IS DONE, DOESN'T MEAN IT IS REALLY DONE. SO IT'S GOING TO BE THAT GUT CHECK ON YOU ALL TO SEE IF SOMETHING WILL COME BACK FOR ACTION AND I WISH I HAD A GOOD ANSWER FOR YOU, BUT IT WILL BE WHATEVER IS FORESEEABLE. AND THAT IT MIGHT COME BACK TO ME AT SOME POINT AND THE BEST OPTION IS TO STAY AWAY FROM IT. SO BEHAVIOR OF MEMBERS OF THE PUBLIC THAT THEY ARE OPEN TO THE MEETING. YOU HAVE THE OPPORTUNITY FOR MEETINGS AND THAT BIG THING HERE IS THAT WE WILL HAVE TO GIVE THEM AN OPPORTUNITY TO BE HEARD BEFORE YOU FOR WHATEVER IS COMING BEFORE YOU FOR ACTION THAT YOU CAN CREATE RULES RELATED TO THE PROPER DECORUM AND HOW PEOPLE MUST BEHAVE. YOU CAN ALSO CREATE CERTAIN RULES RELATED TO THAT PUBLIC COMMENT.
SO YOU CAN GIVE AN AMOUNT OF TIME TO ADDRESS. USUALLY IT'S THREE TO FIVE MINUTES, WHATEVER YOUR BOARD DECIDES THAT YOU CAN CREATE PROCEDURES WHERE YOU WOULD ALLOW GROUPS OR FRACTIONS OF GROUPS TO SPEAK INSTEAD OF HAVING EVERYONE SPEAK INDIVIDUALLY. AND THEN YOU COULD CREATE A SPECIFIC TIME FOR THAT PUBLIC COMMENT TO OCCUR. AGAIN, MOST OF THIS STUFF IS ALREADY GOING TO BE LAID OUT TO YOU BY YOUR RULES AND PROCEDURES FOR YOUR BOARD. YOU JUST KIND OF INHERIT WHAT SOMEBODY BEFORE YOU CREATED FOR YOU. SOME OF THE THINGS THAT WE CANNOT DO IN THESE PUBLIC MEETINGS. WE CAN'T ASK SOMEONE TO VOLUNTARILY LEAVE THE MEETING BECAUSE WE DON'T LIKE WHAT THEY'RE SAYING OR THEM. I LIKE TO SAY BECAUSE THEY ARE A GATOR FAN, I CAN'T ASK THEM TO LEAVE CHAMBERS. THE CITY COMMISSION WILL GET CITY MANAGER'S OFFICE GETS MAD AT ME, BUT I WILL CONTINUE TO SAY I CAN'T ASK PEOPLE TO LEAVE SIMPLY BECAUSE THEY ARE A GATOR. WE CANNOT BAN VIDEO TAPING, RECORDING PHOTOGRAPHY, AS LONG AS THEY ARE NOT BEING DISRUPTIVE. SOMETIMES IN COMMISSION MEETING, SOMEBODY WILL STAND ON THE BACK AND THE SIDE AND RECORD. THEY ARE FREE TO DO THAT AS LONG AS THEY ARE NOT DISRUPTING WHAT YOU'RE DOING. AS LONG AS THEY ARE ACTING IN THAT PROPER WAY. AND WE CAN'T REQUIRE AN IDENTIFICATION CARD TO COME INTO THE MEETING. MOST OF THE TIMES YOU'RE GOING TO BE VOTING VERBALLY. YOU CAN VOTE IN WRITING. THE THING IS THOUGH THAT WE CAN'T HAVE WHAT WE TERM SECRET BALLOTS. SO IF YOU'RE GOING TO DO A VOTE BY WRITTEN BALLOT, YOU'LL HAVE TO INCLUDE YOUR NAME ON THE BALLOT. THAT IS SO WE COULD TRACK HOW THEY VOTED. IF YOUR NAME IS NOT ON IT, IT'S A SECRET BALLOT, WHICH WE'RE NOT ALLOWED TO DO. I DON'T KNOW IF YOU HAVE EVER DONE WRITTEN BALLOTS. IF YOU DO A VOTE VIA BALLOT, THAT IT DOES MAINTAIN BY STAFF AND WILL BECOME A PUBLIC RECORD AND IT IS OPEN FOR INSPECTION UNDER THEIR PUBLIC RECORDS LAW. SO THE BIG THING THAT PEOPLE WANT TO KNOW WELL WHAT HAPPENS IF I DO VIOLATE SUNSHINE, RIGHT? WHAT
[01:20:03]
ARE THE CONSEQUENCES OF THIS? SO THE BIGGEST THING FROM THE CITY PERSPECTIVE IS NOTHING THAT IS DONE OUTSIDE OF THE SUNSHINE CAN STAND. WE BASICALLY HAVE TO START OVER WITH WHATEVER THAT VOTE WAS OR APPROVAL WAS. THERE IS ALSO A CIVIL ACTION THAT COULD BE BROUGHT AGAINST YOU INDIVIDUALLY FOR VIOLATING THE SUNSHINE AND THERE ARE CRIMINAL PENALTIES THAT CAN APPLY FOR VIOLATING THE SUNSHINE LAW. SO THE BREAKDOWN BETWEEN CIVIL AND CRIMINAL PENALTIES IS WHEN YOU'RE TALKING ABOUT YOU AND YOUR INDIVIDUAL CAPACITIES THAT WILL BE A KNOWING VIOLATION OF THE SUNSHINE LAW WHERE YOU KNOW IT WILL BE PUNISHABLE BY THE SECOND-DEGREE METER AND SIX MONTHS OF PROBATION OR A $500 FINE. AND UNKNOWING THE VIOLATIONS ARE CIVIL IN NATURE AND THAT IS PUNISHABLE. WHAT YOU CAN'T DO IN FLORIDA, YOU CANNOT DO ELSEWHERE. SO IF YOU DECIDE TO LEAVE THE STATE OF FLORIDA TODAY, YOU CAN'T GO AND HAVE THAT PLANNING BOARD MEETING UP IN VIRGINIA AND, YOU KNOW, ANNEX A WHOLE BUNCH OF PROPERTIES WHILE YOU'RE IN VIRGINIA. THE RULES WILL STILL APPLY EVEN WHEN YOU LEAVE THE STATE OF FLORIDA. SO THIS IS ONE, IF NOT THE MOST EGREGIOUS VIOLATION THAT YOU WILL EVER SEE OR HEAR ABOUT. BUT THIS HAPPENED SEVERAL YEARS BACK IN THE BEGINNING OF COVID IN THE CITY OF SEBASTIAN. AND THREE OF THEIR CITY COUNCIL MEMBERS HELD A MEETING THAT WAS OUTSIDE OF THE SUNSHINE. IT DID NOT MEET THE THREE CRITERIAS OF BEING PROPERLY NOTICED, HAVING THEIR WRITTEN MEETINGS RECORDED. I BELIEVE IF MY MEMORY IS CORRECT, THEN THEY WOULD HAVE A MEETING THAT'S SCHEDULED AND THEY CANCELED IT FOR COVID CONCERNS ON HOW DO YOU PROPERLY DISTANCE AND THAT TYPE OF THING. SO THREE OF THEIR MEMBERS DECIDED TO HOLD THE MEETING WHERE THEY WOULD GO IN TO HOLD THAT MEETING. AT THAT MEETING THEY VOTED TO REMOVE THEIR MAYOR AND FIRE THEIR CITY MANAGER AND THEIR CITY CLERK AND FIRE THEIR CITY ATTORNEY. SO THEY WENT IN AND WIPED OUT ALL OF SEBASTIAN'S CITY GOVERNMENT. SO THE THREE FACED CRIMINAL SANCTIONS FOR THAT, ONE GUY WAS PERMITTED TO PLEAD TO CIVIL INFRACTIONS. WHEN I ADDED UP ALL THEFINES, THE COURT COSTS, THE COST OF THE INVESTIGATION. EVERYTHING, HE WAS ORDERED TO PAY, $1,186. AND YOU CAN GO ADD IT UP AND REMEMBER THAT I'M A LAWYER AND NOT AN ACCOUNTANT. SO GIVE ME A LITTLE LENIENCY WITH THE NUMBERS. DAMIAN WAS FOUND GUILTY OF VIOLATING THE SUNSHINE LAW. ALL OF THOSE WERE AFFIRMED ON APPEAL, SO THEY STOOD AFTER HIS APPEAL.CONVICTED OF ONE COUNT OF PERJURY THAT WAS REVERSED. SO HE ENDED UP WITH JUST THREE COUNTS OF VIOLATING THE SUNSHINE LAW. PAMELA PARIS WAS FOUND GUILTY AT TRIAL OF ONE COUNT OF VIOLATING THE SUNSHINE LAW, WHICH IS AFFIRMED ON APPEAL. AND TWO COUNTS OF PERJURY. ONE WAS REVERSED AND STOOD AFTER HER APPEAL. SO THESE ARE THE JUDGMENT SENTENCES, ALL PUBLIC RECORDS. ANYONE CAN LOOK AT THEM. HE WAS SENTENCED TO 45 DAYS IN THE COUNTY JAIL. YOU CAN SEE THEM IN NUMBER FOUR. HE WAS ORDERED TO PAY RESTITUTION TO THE CITY OF SEBASTIAN IN THE AMOUNT OF $26,098. PLUS ALL THE FINES AND THE COSTS UP HERE FOR EACH OF HIS THREE COUNTS, THEY WERE CONCURRENT. SO AT THE SAME TIME, HE'S GOT TO SERVE 45 DAYS FOR EACH OF THOSE VIOLATIONS. PAMELA PARIS ON HER TWO CONVICTIONS, SHE WAS ORDERED TO SERVE 30 DAYS IN THE COUNTY JAIL FOR VIOLATING THE SUNSHINE LAW. AGAIN, THE SAME MONETARY FINES AND FEES AGAINST HER. THEN FOR THE PERJURY, SHE WAS SENTENCED TO 90 DAYS IN JAIL TO RUN AT THE SAME TIME.
AND I KNOW I'M NOT SURVIVING ONE DAY IN JAIL AND LET ALONE 45 OR 90. AGAIN, THIS IS ONE OF, IF NOT, THE MOST EGREGIOUS VIOLATIONS OF THE SUNSHINE LAW THAT YOU'RE GOING TO SEE. I DON'T EXPECT ANY OF YOU TO HOLD MEETINGS AND TRY TO FIRE THE CITY MANAGER AND THE CITY CLERK AND THE CITY ATTORNEY. IF YOU DO, PLEASE LEAVE ME OUT OF YOUR FIRINGS. BUT I THINK IT UNDERSCORES HOW SERIOUSLY YOUR JUDGES ARE GOING TO TAKE THIS.
SO IF YOU ARE DOING SOMETHING EGREGIOUS. IF YOU ARE HOLDING THESE MEETINGS, KNOWING THAT YOU'RE HOLDING THESE MEETINGS OUTSIDE OF THE SUNSHINE, THEY ARE GOING TO TAKE IT SERIOUSLY.
AND THE LAST THOUGHT ON SUNSHINE LAW WILL COME AGAIN FROM THE FLORIDA SUPREME COURT THAT WE NOTE THEY WERE ENACTED IN THE PUBLIC INTEREST TO PROTECT THEM FROM CLOSED DOOR POLITICS AND AS SUCH, THEY MUST BE CONSTRUED THROUGH THE
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PROTECTIVE PURPOSE. SO AT THE END OF THE DAY, THE SUNSHINE IS HONESTLY PRETTY SIMPLE. IF IT SAN ITEM THAT MIGHT COME BEFORE YOU FOR ACTION. IF IT IS FORESEEABLE THAT YOU MIGHT HAVE A DISCUSSION ON IT AND TO TAKE A VOTE ON IT, TALK ABOUT IT IN THIS MEETING AND YOU'RE GOING TO BE PERFECTLY FINE AND THAT IS HOW IT BOILS DOWN. AND MAYBE RUN AWAY FROM EACH OTHER IF YOU SEE EACH OTHER IN PUBLIC. JUST KIDDING.DON'T HAVE TO RUN. >> MAYBE JUST MR. HEANING.
>> YES. >> ANY OTHER QUESTIONS ON SUNSHINE LAW? OKAY. SO THE PUBLIC RECORDS LAWS ARE GOING TO BE FOUND IN CHAPTER 119 OF FLORIDA STATUTES, SOME SPREAD OUT ELSEWHERE, BUT YOUR MAIN BODY OF LAW WILL BE IN CHAPTER 119. WHAT THIS DOES, IT CREATES THE RIGHT OF ACCESS TO THE PUBLIC RECORDS FOR THE CITY AS WELL AS ANY ENTITY OFF ACTING ROB OUR BEHALF. AND WHAT IS CONSIDERED A PUBLIC RECORD IS DEFINED AND WE'LL LOOK AT THAT AND BASICALLY WHAT THIS DOES IS IF THEY WANT TO REVIEW THE PUBLIC RECORDS, AND DEPENDING ON HOW IT IS PRESERVED IS HOW WE PRODUCE. AND THERE ARE ONLY CERTAIN EXEMPTIONS THAT WILL EXIST IN THE LAW THAT WE CAN SAY WELL, WE CAN'T GIVE THAT OR WE WILL HAVE TO REDACT IT, BUT THOSE ARE SPECIFICALLY DEFINED WITHIN THE LAW AS TO WHAT WE WILL REDACT OUT OF A PUBLIC RECORDS. SO THEY ARE DOCUMENTS, PAPERS, LETTERS, MAPS, SOUND RECORDINGS, DATA PROCESSING SOFTWARE, OTHER MATERIALS, REGARDLESS OF THE PHYSICAL FORM CHARACTERISTICS, MEANS OF TRANSFORMATION, AND TO THE LAW OF ORDINANCE. SO ESSENTIALLY ANYTHING THAT WE HAVE IN SOME SORT OF A HARD FORMAT, IT THAT IS IN THE OFFICIAL ACTIONS OF THE CITY OR THE OFFICIAL ACTIONS OF YOUR BOARD, THAT IS A PUBLIC RECORD. AND. THEY CLARIFIED THIS IS WHEN IT IS INTENDED TO FORMALIZE THE KNOWLEDGE OF SOME TYPE. SO WHERE YOU WILL REALLY SEE THAT COME IN TO PLAY IS PERSONAL NOTES, RIGHT? A LOT OF TIMES THAT PEOPLE WILL TAKE NOTES ON THE ITEM. GENERALLY YOUR PUBLIC, YOUR PERSONAL NOTES ARE NOT PUBLIC RECORDS BECAUSE THEY ARE FOR YOURSELF.
BUT THE SECOND THAT YOU SAY WELL, YOU KNOW WHAT, MS CARTER, I REMEMBER THIS LAST MEETING THAT I TOOK A OATH AND I SAID HERE LOOK, WELL NOW YOU HAVE COMMUNICATED THAT PERSONAL NOTE, RIGHT? SO YOU HAVE COMMUNICATED THE FORMALIZED KNOWLEDGE AND SO NOW YOU HAVE TRANSFORMED SOMETHING THAT WOULDN'T HAVE BEEN A PUBLIC RECORD INTO BEING A PUBLIC RECORD. YOU CAN E-MAIL EACH OTHER HAPPY BIRTHDAY ALL YOU WANT. NOT A SUNSHINE VIOLATION, RIGHT? BUT IF YOU RECEIVE AN E-MAIL FROM SOMEBODY IN THE COMMUNITY THAT SAYS HEY, YOU'RE GOING TO BE LOOKING AT THIS ITEM ON YOUR NEXT MEETING AGENDA. I DON'T LIKE IT OR I LOVE IT OR WHATEVER IT MIGHT BE. WELL THAT IS A PUBLIC RECORD BECAUSE IT IS COMMUNICATING SOME SORT OF KNOWLEDGE FROM THAT PERSON TO YOU. SO WE WILL GO THROUGH HOW TO PRESERVE THESE. AND YOUR E-MAILS, YOUR TEXT MESSAGES, SOCIAL MEDIA MESSAGES THAT YOU MIGHT GET OR POST, THEY ARE ALL GOING TO BE PUBLIC RECORDS IF THEY ARE ABOUT THIS BOARD OF BUSINESS AND SO A LOT OF TIMES, THEY WILL GET MESSAGES ON THEIR PERSONAL FACEBOOKS. WHAT THEY WILL DO IS THEY WILL TAKE SCREEN SHOTS OF THEM AND FORWARD THEM TO THE CITY CLERKS, SO THEY'RE PRESERVED.
OR IF IT IS PERSONAL E-MAILS, THEY WILL GO FORWARD FROM THE PERSONAL E-MAILS TO THE CITY E-MAILS AND FOR YOU ALL, YOU WON'T HAVE A CITY E-MAIL. SO WHEN IT WILL COME TO YOUR E-MAILS, YOU WILL HAVE A COUPLE OF OPTIONS TO CREATE AN E-MAIL ADDRESS THAT WILL BE SPECIFIC TO YOUR BOARD SERVICE. MS CLEMONS PLANNING. OR YOU COULD CREATE FOLDERS WITHIN YOUR PERSONAL E-MAIL TO DROP AND PUT EVERYTHING IN THERE. AND IF THERE IS A REQUEST THAT WILL COME IN FOR YOUR TEXTS, E-MAILS, WHATEVER THEY MIGHT BE, WE WILL COMMUNICATE THAT AND LET YOU KNOW WHAT WE HAVE ASKED FOR AND WHAT HAS BEEN ASKED OF YOU AND WE WILL ASK YOU TO SEARCH THROUGH THOSE MATERIALS FOR IT. SO THE EASIER THAT YOU COULD ORGANIZE IT, THAT WAY YOU DON'T HAVE TO GO THROUGH ALL OF YOUR PERSONAL E-MAILS TO FIND THEM AND IT WILL MAKE IT EASIER FOR YOU.
AND THAT IS ONE OF THE QUESTIONS THAT I WILL GET OFTEN, WELL, IF MY E-MAILS ARE BUSINESS, RIGHT? CAN THEY GET MY PERSONAL E-MAILS? THE ANSWER IS NO. JUST BECAUSE THEY ARE IN THAT SAME E-MAIL ADDRESS BOX DOESN'T MAKE IT PUBLIC RECORDS, SO THEY WILL STILL BE SAFE. THERE ARE CERTAIN
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RETENTION LAWS FOR HOW LONG YOU HAVE TO KEEP ALL YOUR PUBLIC RECORDS, AND I WILL TELL YOU THAT I DO NOT KNOW THEM. THERE SAN ENTIRE SCHEDULE AND LUCKY FOR ME, IT IS THE ONE THAT REALLY DEALS WITH THAT. IF YOU EVER HAVE A QUESTION ON HOW LONG TO KEEP AN E-MAIL OR A TEXT MESSAGE OR SOMETHING LIKE THAT, THEY ARE GOING TO BE YOUR BEST BET ON HOW TO GET THAT ANSWER. WHEN IT WILL COME TO PUBLIC RECORDS, AGAIN LIKE SUNSHINE, IT'S PRETTY SIMPLE. IF SOMETHING IS OR YOU THINK THAT IT MIGHT POSSIBLY BE A PUBLIC RECORD, KEEP IT. AND DON'T DESTROY IT OR ALTER IT AND DON'T DO ANYTHING WITH IT AND IF WE GET THAT REQUEST, WE WILL SEE IF IT IS A PUBLIC RECORD AND THAT IS WHEN WE WILL RUN INTO A PROBLEM TO SEE IF IT IS A PUBLIC RECORD. WHEN IT COMES TO THE REQUEST, THEY COULD BE VERY BROAD. I CAN'T IMAGINE ANYONE WOULD SAY HEY, I WANT EVERY PUBLIC RECORD IN THE CITY WHERE THEY COULD AND IT IS GOING TO BE VERY EXPENSIVE FOR THEM BECAUSE THERE ARE RULES ON TIME THAT IT THERE TAKE AN WHAT THE CHARGES ARE FOR THAT.BUT IT COULD BE BROAD, IT COULD BE NARROW. AND THAT MOST OF THE TIMES WHEN THEY FIND THAT PUBLIC RECORDS REQUEST, THEY KNOW WHAT THEY ARE LOOKING FOR, A PRETTY NARROW REQUEST, SO USUALLY YOU WON'T HAVE TO GO SEARCHING THROUGH A WHOLE BUNCH OF YOUR STUFF FOR THAT. WHEN IT COMES TO THE REQUEST THAT WE CAN'T SAY OKAY, HEY, MS.DANIELS, THEY WILL WANT YOUR E-MAIL FROM THIS ITEM. WELL, IF YOU SAY I DON'T WANT TO GIVE THAT TO YOU, WE CAN'T SAY WE DON'T WANT TO GIVE IT AND WE CAN'T WITHHOLD IT BECAUSE THEY DON'T WANT IT AS A PART OF THE PUBLIC RECORD. IF IT HAS BEEN SENT, IT'S A PUBLIC RECORD.
DOES THAT MAKE SENSE? WHEN IT COMES TO E-MAILS, I'VE GOT A QUESTION BEFORE ABOUT WELL CITY SENDS US THIS E-MAIL, RIGHT? SO IT IS PRESERVED ON THE CITY'S END. SO IF THE CITY SENDS IT TO ME, I CAN GO AHEAD AND DELETE IT. MY ANSWER TO THAT IS THAT I DON'T BELIEVE THAT'S APPROPRIATE. AND THE REASON IS BECAUSE PUBLIC RECORDS REQUEST COULD BE I WANT EVERY E-MAIL RECEIVED ON THE PLANNING BOARD. IF YOU DELETED IT BECAUSE YOU THINK IT IS PRESERVED ON THIS END, WELL NOW WE DON'T HAVE IT. AND THAT RECEIPT OF THAT E-MAIL ITSELF WILL INSTITUTE A PUBLIC RECORD. SO MAKE SURE YOU'RE KEEPING THEM. EVEN IF YOU THINK THEY SENT IT THAT THEY WILL HAVE IT ON THEIR END AND THAT YOU STILL NEED TO KEEP IT ON YOUR END. IT SOUNDS SCARIER THAN IT IS, I PROMISE. AND THERE DOES NOT HAVE TO BE ANY PROPER REASON FOR DOING THE REQUEST IT COULD BE TUESDAY AND THEY WANT TO SHOW THE DOCUMENTS OR WHATEVER IT MIGHT BE.
>> SO ON OCCASION WE WILL RECEIVE AN E-MAIL FROM STAFF WHEN THERE IS AN AGENDA ITEM THAT HAS PREEMPTIVE PUBLIC COMMENT THAT ARE BEING DOCUMENTED. THOSE ARE GENERALLY WHAT I HAVE SEEN COME IN THE FORM OF ATTACHMENTS THROUGH THE E-MAIL SERVER. IS IT NECESSARY FOR US TO KEEP THOSE? THERE IS NO COMMENT IN THE E-MAIL, THE TEXT FROM ITSELF AND JUST SAYING HERE IS THE ATTACHMENT OF THIS SCAN OF E-MAILS FROM THE PEOPLE IN THIS COMMUNITY THAT HAVE THESE QUESTIONS,
COMMENTS, CONCERNS. >> BUT THE ATTACHMENT IS LIKE A
PDF? >> USUALLY, YEAH, I THINK SO.
>> I WOULD KEEP THAT BECAUSE IT'S A PART OF THE E-MAIL TOO.
WHEN WE PRODUCE THAT PUBLIC RECORD, WE WILL DO THE ACTUAL E E-MAIL ITSELF AND THE ATTACHMENTS THAT WERE IN THAT
E-MAIL. >> AND EVEN IF MY ASSUMPTION IS THAT THE PDF IS A PART OF THE PUBLIC RECORD ALREADY BECAUSE
IT CAME TO THE CITY STAFF. >> SURE.
>> THEY DOWNLOADED IT, THEY SAVED IT SOMEWHERE. THEY ARE LETTING US KNOW TO REVIEW IT IN ADVANCE OF THE MEETING. BUT WHAT YOU'RE SAYING IS WE SHOULD NOT ASSUME THAT THAT IS
THE CASE? >> NO. YOU CAN ASSUME THAT IS THE CASE THAT WE ARE PRESERVING IT ON OUR END. IF WE'RE DELETING THEM ON OUR END, I'LL HAVE DIFFERENT CONVERSATIONS AROUND THE CITY. BUT JUST BECAUSE THAT EXISTS, WHAT IF THE REQUEST IS I WANT TO SEE THE E-MAIL IN THE ATTACHMENT THAT THEY RECEIVED ON THIS DATE?
>> RIGHT. >> IF YOU DON'T HAVE IT ON YOUR END STILL, WE CAN'T COMPLY WITH THAT REQUEST. THEY KNOW IT EXISTS BECAUSE THEY GOT IT ON OUR END. SO IT IS CREATING AN ISSUE FOR YOU AND US IF YOU HAVE DELETED IT. SO MY RECOMMENDATION IS THAT YOU STILL RETAIN THEM. I KNOW IT IS
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A PAIN IN THE BUTT. I GET IT. BUT IT IS THE BEST WAY TO PROTECT YOU AND TO PROTECT THE CITY.>> FOR HOW LONG DO WE HAVE TO KEEP IT?
>> THAT WILL GO BACK TO RETENTION RECORDS AND THEY WILL HAVE TO ANSWER THAT BECAUSE I DO NOT KNOW THE ANSWER TO THAT OFF THE TOP OF MY HEAD. I REALLY DON'T WANT TO KEEP IT ALL IN THERE BECAUSE IT IS A LOT. EVERYTHING WILL HAVE A DIFFERENT ROLE. SOME THINGS ARE FIVE YEARS, SOME THINGS ARE SEVEN. I THINK SOME THINGS ARE 10. IT JUST DEPENDS ON WHAT IT IS. SO SOME PEOPLE WHEN THEY FINISH THEIR SERVICE ON A BOARD, THEY WILL TURN OVER ANY OF THE PUBLIC RECORDS THAT THEY WOULD HAVE ABASES THEY DON'T WANT TO KEEP THEM. YOU CAN DO THAT AND TURN IT OVER TO STAFF AND THEY WILL KEEP THEM. I WILL WARN YOU THOUGH THAT I'M PROBABLY STILL GOING TO BE ANNOYING OR THE CITY CLERK'S OFFICE WILL BE ANNOYING IF WE GET A REQUEST AND WE WILL STILL CALL YOU AND SAY HEY, WE WANT TO MAKE SURE WE HAVE EVERYTHING. AND YOU WILL SEE WHY. ACTUALLY THIS SLIDE PROBABLY. SO WHEN IT COMES TO PUBLIC RECORDS VIOLATIONS, IF SOMEONE BELIEVES WE ARE HOLDING THE PUBLIC RECORD OR REDACTED IT AND THEY BELIEVE WE ARE NOT COMPLYING WITH THE PUBLIC RECORDS LAW. THEY CAN INSTITUTE A CIVIL ACTION, BASICALLY ASKING THE JUDGE TO ORDER US TO COMPLY WITH THE PUBLIC RECORDS LAWS. WHAT HAPPENS WITH THAT IF WE ARE FOUND TO WITHHOLD SOMETHING, THEN WE WILL BE ORDERED TO TURN IT OVER. THE PERSON THAT SUED US. PRIVATE ATTORNEYS WILL BE VERY EXPENSIVE AND WE DO NOT WANT TO PAY THEIR FEES. IT IS SOMETHING THAT WILL GET TURNED OVER QUICKLY. THE ONLY DELAYS WE COULD PRODUCE TO REVIEW THEM AND REDACT THEM ACCORDING TO LAW, SO MOST THINGS WILL BE TURNED OVER PRETTY QUICKLY. THAT'S WHAT WILL TAKE LONGER.
AND AGAIN, LIKE YOU SAW WITH SUNSHINE, THERE ARE CIVIL AND CRIMINAL PENALTIES THAT COULD APPLY TO YOU INDIVIDUALLY, RELATED TO VIOLATIONS OF PUBLIC RECORDS LAWS. THESE AGAIN GET BROKEN DOWN BY YOUR UNINTENTIONAL VERSES INTENTIONAL VIOLATIONS. SO SOMETHING THAT IS UNINTENTIONAL WILL BE A CIVIL INFRACTION, PUNISHABLE BY UP TO A $500 FINE. YOU'RE KNOWING AN INTENTIONAL VIOLATION ARE FIRST-KEG MISDEMEANORS, PUNISHABLE BY A YEAR IN JAIL OR A $1,000 FINE OR COMBINATION OF THOSE THREE. FOR SUNSHINE VIOLATIONS AS WELL AS PUBLIC RECORDS VIOLATIONS, YOU CAN ALSO BE SUSPENDED OR REMOVED FROM THE BOARD THAT YOU'RE SERVING ON. I DON'T HAVE ANY CRAZY STORIES FROM A LOCAL GOVERNMENT ABOUT PUBLIC RECORDS VIOLATIONS, SO IF ANYONE COMES ACROSS THEM, SEND THEM TO ME AND I WILL INCORPORATE THEM.
HOPEFULLY IT IS NOT FROM HERE. SO IF THAT ONE EXISTS, JUST LET ME BE BLISSFULLY IGNORANT OF THAT ONE. BUT ANY QUESTIONS RELATED TO PUBLIC RECORDS? THE LAST TOPIC IS VOTING CONFLICT OF INTEREST. I'LL TELL YOU WE COULD SPEND DAYS GOING OVER CONFLICTS OF INTEREST BECAUSE IT IS A LOT THAT COULD EXIST.
IT WILL COME DOWN ON A GUT CHECK FOR YOU AND IF YOU FEEL LIKE THIS IS SOMETHING YOU SHOULDN'T VOTE ON. WE WILL DIRECT YOU TO THE COMMISSION ON ETHICS. YOU'LL FIND THEIR ATTORNEYS ARE EXTREMELY HELPFUL. AND I HAVE HAD TO CALL FOR BOARD MEMBERS AND THEY HAVE BEEN HELPFUL WITH A LOT OF QUESTIONS. THEY ARE GOING TO HAVE QUESTIONS THAT I DON'T KNOW THE ANSWERS TO BECAUSE THEY ARE THAT SPECIFIC. THE GENERAL RULE IS THAT YOU HAVE TO VOTE ON THE ITEM. YOU CAN'T ABSTAIN BECAUSE YOU DON'T WANT TO VOTE. YOU MUST VOTE UNLESS THERE APPEARS TO BE A POSSIBLE CONFLICT OF INTEREST UNDER FLORIDA LAW. THE FOUR STATUTES WHERE THEY COME FROM. IF YOU ARE EVER UNABLE TO SLEEP AND YOU NEED TO FALL ASLEEP, YOU CAN START READING THROUGH THE STATUTES. I'LL GIVE YOU TWO
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MINUTES BEFORE YOU START FALLING ASLEEP. THIS IS NOT QUO PSI JUDICIAL. SO THIS WILL APPLY WHEN THERE IS A SPECIAL FINANCIAL GAIN OR LOSS THAT MAY GO TO YOU, YOUR FAMILY MEMBER OR THAT YOU HAVE BEEN RETAINED. INTERESTING TO ME IS THE WAY UNDER THIS SPECIFIC STATUTE DEFINE RELATIVE. IT IS FATHER, MOTHER, SON, HUSBAND, WIFE, MOTHER-IN-LAW, BROTHER-IN-LAW, DAUGHTER-IN-LAW. SO GRANDPARENTS AREN'T ON THERE.STEP SIBLINGS AREN'T ON THERE. STEP ANYTHING ARE NOT ON THERE.
BUT I DON'T THINK THAT MEANS JUST BECAUSE YOU'RE NOT VOTING ON SOMETHING RELATED TO YOUR GRANDPARENT, THAT MEANS YOU DON'T HAVE A CONFLICT OF INTEREST, RIGHT? THIS WILL COME BACK TO THE GUT CHECK THAT WE ARE TALKING ABOUT. IF SOMETHING SEEMS INAPPROPRIATE WHERE SOMEBODY MIGHT QUESTION YOUR FAIRNESS AND YOUR ABILITY TO VOTE ON THAT ITEM, CALL US AS SOON AS YOU REALIZE IT. THAT WAY YOU COULD FIGURE OUT IF YOU HAVE A TRUE CONFLICT OF INTEREST OR NOT. AND SO WHEN IT COMES TO THESE, YOU'LL FIND THAT FIGURING IT OUT IS NOT THAT EASY. WHEN YOU DO HAVE A VOTING CONFLICT UNDER THIS SPECIFIC STATUTE THAT WE WILL HAVE TO LOOK AT CERTAIN FACTOR.
THEN IT WILL REQUIRE MATH, WHICH WILL MAKE MY HEAD HURT AND THEN WE FIGURE OUT IF YOU WILL HAVE A CONFLICT OF INTEREST. SO AS SOON AS YOU DO KNOW LIKE I SAID, CALL US, THE SOONER WE KNOW, THE MORE TIME AND BETTER ANSWER THAT WE COULD GIVE YOU. AND SO ADDITIONAL CONFLICTS OF INTEREST WILL GO OVER THE INTENT AND DECLARATION OF POLICY. 112.313 IS GOING TO GO OVER DIFFERENT STANDARDS OF CONDUCT FOR EMPLOYEES, ATTORNEYS, PUBLIC OFFICERS. THAT'S GOING TO GO OVER GIFTS, DOING BUSINESS WITH YOUR AGENCY, MISUSING THAT TYPE OF THING. SO WHAT HAPPENS IF YOU DO HAVE A CONFLICT OF INTEREST THAT YOU MUST ANNOUNCE THAT NATURE OF YOUR CONFLICT WHEN THAT ITEM COMES UP. SO A LOT OF TIMES YOU'LL HEAR SOMEONE SAY WELL, I HAVE A CONFLICT OF INTEREST, I CAN'T VOTE. AND IT WILL REQUIRE YOU TO STATE YOUR NATURE OF CONFLICT AND BECAUSE IT'S RELATED TO MY HUSBAND OR IT IS RELATED TO MY WIFE AND THEY ARE GOING TO GAIN, YOU KNOW, $1,000 BY THIS VOTE, WHATEVER IT MIGHT BE THAT YOU'LL HAVE TO ANNOUNCE WHAT THAT SPECIFIC NATURE IS, THAT YOU MUST ABSTAIN FROM VOTING AND YOU MUST FILE A MEMORANDUM OF VOTING CONFLICT THAT IT IS THE COMMISSION ON THE FORM, WHICH STAFF WILL HAVE FOR YOU.
IDEALLY IN THE IDEAL WORLD, THAT YOU'RE GOING TO REVIEW THE AGENDA AND YOU WILL KNOW THOSE CONFLICTS EXIST AHEAD OF TIME. ANY QUESTIONS THAT WE HAVE OR NEED, WE'VE GOTTEN THEM YOUR MEETING. AS SOON AS IT'S CALLED, YOU'LL BE ABLE TO ANNOUNCE YOUR CONFLICT. IF, HOWEVER, YOU'RE GOING THROUGH SOMETHING AND YOU REALIZE THAT I HAVE A CONFLICT. AT THAT POINT IT'S FINE TO SAY HEY, HOLD ON. LET ME ANNOUNCE MY CONFLICT AND GO THROUGH THE PROCESS AT THAT POINT. AND DON'T BE AFRAID TO GET TO THE END OF IT AND THEN SAY SOMETHING AS SOON AS YOU REALIZE IT. THAT'S WHEN YOU NEED TO BRING UP THE CONFLICT THAT YOU HAVE. THERE IS A WAY BY WHICH YOU MAY PARTICIPATE AFTER YOU FOLLOW ALL THE STEPS TO IDENTIFY YOUR CONFLICT OF INTEREST. IF YOU CALL THE COMMISSION ON ETHICS, THEY WILL TELL YOU TECHNICALLY UNDER THE LETTER OF THE LAW WHAT IT SAYS, YOU MUST ABSTAIN FROM VOTING.
SO YOU COULD PARTICIPATE IN CERTAIN WAYS. THIS WILL COME BACK TO WHAT I TALKED ABOUT BEFORE WHEN THERE IS A LINE THAT YOU WILL ALWAYS SEE FROM MY OFFICE IS MY RECOMMENDATION WILL STAY A THOUSAND FEET AWAY FROM THAT LINE. THE SECOND WE START TRYING TO PUSH THAT LINE, THAT IS WHERE PROBLEMS WILL HAPPEN SO IT HAS BEEN SUGGESTED BY THOSE LONG BEFORE ME THAT IT WILL BE SUGGESTED LONG AFTER ME THAT THE BEST PRACTICE WHEN YOU HAVE A CONFLICT OF INTEREST, ANNOUNCE YOUR CONFLICT AND YOU DO ABSTAIN FROM VOTING AND YOU WILL REMOVE YOURSELF FROM THE ROOM. A COMMISSIONER THAT HAS A CONFLICT, THEY USUALLY STEP DOWN OFF THE SIDE. THEY WILL LEAVE THE ROOM AND GO OVER AND HIDE OUT OF VIEW OF EVERYONE. AND THAT IS SO NO ONE COULD ACCUSE YOU OF ANYTHING IMPROPER OR THEY HUFFED AND SNEEZED AND THAT THEY WERE TRYING TO INFLUENCE ME AND I FELT INTIMIDATED OR WHATEVER IT MIGHT BE AND IT IS TO AVOID THAT APPEARANCE OF ANY SORT OF IMPRITY. SO WHILE TECHNICALLY UNDER THE LAW, THAT IS THE BEST PRACTICE. SO AGAIN MY OFFICE,
[01:45:01]
WHEN YOU ASK US FOR ADVICE, MY THOUSAND FOOT RULE, MY BOSS' RULE BEFORE ME. AND I DON'T KNOW AFTER ME. IT MIGHT NOT BE THEIR RULE WITH THE 5,000 FOOT RULE. I DON'T KNOW. BUT WE REPRESENT THE CITY, MY OFFICE. SO THE ADVICE THAT YOU'RE GOING TO GET FROM US IS ALWAYS GOING TO BE WHAT'S IN THE BEST INTEREST OF THE CITY? WE DON'T REPRESENT YOU IN THE INDIVIDUAL CAPACITIES. IF YOU HAVE QUESTIONS ABOUT THAT AND THAT IS BEST LEFT TO YOUR OWN PERSONAL E ATTORNEYS THAT YOU CAN CONTACT THEM ON THE OFFICE AND THAT THEY COULD OFFER YOU ADVICE TOO AND TO KNOW TO CALL US THAT IT IS HOW TO BEST PROTECT YOUR CITY AND CONSEQUENTLY, USUALLY THAT IS THE BEST WAY TO PROTECT THE CITY AND THEY DO PROTECT YOU IN YOUR OWN INDIVIDUAL CAPACITIES AS WELL. I WILL MAKE SURE YOU ALL HAVE THE MOST UPDATED SUNSHINE MANUAL ALONG WITH THE CONFLICT OF INTEREST AND THAT IS A GOOD ONE TO PUT YOU TO SLEEP AND ABOUT 400 PAGES OF SUNSHINE AND ETHICS, ALL KINDS OF RULES. AND IF YOU HAVE A SPECIFIC QUESTION THAT THEY COULD ANSWER FOR YOU, SO I WILL MAKE SURE YOU HAVE THAT VERSION OF THAT AND THEN THE ATTORNEY GENERAL'S OFFICE THAT THEY ARE CALLED OPINIONS AND THAT YOU COULD GO ON TO SEARCH FOR DIFFERENT QUESTIONS THAT THEY HAVE ASKED TO GO THROUGH THAT AND THAT THEY ARE EXCITED ABOUT. ANY OTHER QUESTIONS ABOUT THE CONFLICTS OF INTEREST THAT WILL BREEZE PAST THATPART? >> I THINK I DID THAT QUICKER
>> ANY QUESTIONS ABOUT ANYTHING THAT I WENT OVER?
>> OKAY. NEXT IS THAT GAVEL, RIGHT?
>> YES, THANK YOU. I BELIEVE THAT YOU ARE COMPLETE AND WE HAVE A FEW MORE THINGS TO GET THROUGH THAT AND THANK YOU FOR YOUR PRESENTATION AND THANK YOU FOR ALL THE EFFORT TO HELP KEEP
US OUT OF TROUBLE. >> I TRY. CALL THE OFFICE AS WE WILL BE HAPPY TO ANSWER ANY QUESTIONS.
>> THANK YOU VERY MUCH. >> ALL RIGHT. ITEM 7, COMMENTS
[8. DIRECTOR'S REPORT]
FROM THE PUBLIC? THERE IS NO ONE FROM THE PUBLIC HERE. SO MOVING ON TO THE DIRECTOR'S REPORT. MR. FREEMAN?>> WHAT DO YOU HAVE FOR US TODAY?
>> AN UPDATE ON VARIOUS PIECES OF CODE. NOW I THINK THEY ARE GOING TO TECHNICAL REVIEW COMMITTEE THIS WEEK. WE'VE GOT ACTIONS ON THE SIGN CODE AND THE ARCHITECTURAL REGULATIONS, AND THE OTHER LITTLE PIECES OF THE CODE. NOW THE ARCHITECTURAL REGULATIONS, WE ARE BRINGING FORWARD TO ADDRESS THE FACT THAT WE DO HAVE ARCHITECTURAL GUIDELINES IN THE CODE, BUT WE HAVE VERY LITTLE AUTHORITY TO RECOMMEND THE MANDATE DESIGN OPPORTUNITIES IN BUILDINGS. IT'S QUITE CLEAR FROM MY POINT OF VIEW AND A LOT OF STAFF POINT OF VIEW HERE THAT WE WILL MISS OPPORTUNITIES TO ENHANCE THE VIEW OF THE CITY. WE HAVE A NUMBER OF THE ROADWAYS AND THE CORRIDORS ON SOME OF THE MOST RECENT BUILDINGS THAT HAVE BEEN CONSTRUCTED ON THE CORRIDORS THAT DO NOT REFLECT THE STANDARD THAT WE WOULD WITH WANTING TO PROMOTE THE CITY BEING VIEWED AS. SO THEY HAD BE LOOKING AT DEFINING PARTICULAR STYLES. SOME REGULATIONS ON THE COMPONENTS OF THE STYLES. MAINTAINING THE FLEXIBILITY. SO WE WANT TO ENCOURAGE INNOVATIVE OPTIONS IN DESIGN THAT WE WOULD LIKE THE CITY TO BE THOUGHT OF AS BEING AN AREA WHERE DIFFERENT TYPES OF ARCHITECTURE COULD BE BROUGHT IN WITHOUT BEING IMMEDIATELY KICKED OUT THE DOOR. WE'RE LOOKING FOR A STANDARD THAT INCREASES THAT. IT WILL ALSO ALLOW -- BECAUSE WE HAVE A REDEVELOPMENT AREA, I THINK ARCHITECTURAL STANDARDS AND REGULATIONS WILL ALLOW US TO LOOK AT THE DESIGN OF SINGLE-FAMILY AND DUPLEX BUILDINGS. THAT'S GOING TO BE IMPORTANT BECAUSE SOMETHING THAT'S COMING OUT THIS WEEK AS WELL, TECHNICAL REVIEW COMMITTEE IS THE INNOVATIVE RESIDENTIAL DEVELOPMENT. THAT'S A PART OF THE CODE THAT SEEKS TO ALLOW APPLICANTS, ESPECIALLY WITH SMALLER LOTS,
[01:50:06]
TO LOOK AT PUTTING BUILDINGS ON THERE OR ACCESSORY BUILDINGS.AND TO EXPAND THE USES OF THOSE LOTS. WE ARE LOOKING AT THIS BEING PARTICULARLY IMPORTANT IN LINCOLN PARK AREA, BUT ALSO WIDER CITY AREAS TO ENHANCE THAT HOUSING SUPPLY. WHAT WE DON'T WANT TO HAVE HAPPEN IS THE HOUSES GOING UP ALL OVER THE PLACE AND THEY DON'T ACTUALLY REFLECT THE COMMUNITY OR THE CHARACTER OF FORT PIERCE AND WITHOUT THIS, WE WILL BE STRUGGLING TO IMPLEMENT ANY STANDARDS OR REQUIREMENTS FOR THE SINGLE FAMILY UNITS. SO IT IS A PART OF THE WHOLE THING THAT WE ARE GOING THROUGH AND THAT THERE ARE MANY PIECES OF CODE THAT YOU WILL BE SEEING COMING OFF AS I WILL KEEP SAYING THIS AND THAT THEY ARE GATHERING PACE IN THE BACKGROUND. YOU'LL SEE THIS COMING FORWARD VERY SOON. SO YES, WE LOST THIS MONTH WHERE THEY WENT TO TAKE A POSITION IN KISSIMMEE, SO WE'RE DOWN ON STAFF. THAT'S BEING ADVERTISED TODAY SO IF ANYBODY IS INTERESTED, PLEASE APPLY.
THAT'S ABOUT IT, CHAIR. THANK YOU.
>> THANK YOU, MR. FREEMAN. WELL, WE WISH RYAN GOOD LUCK IN
[9. BOARD COMMENTS]
HIS NEW VENTURE. HE'LL BE GREATLY MISSED. HANK FOR THAT REPORT. ANY OTHER COMMENTS FROM THE BOARD BEFORE WE CONCLUDEOUR BUSINESS TODAY? >> I JUST WANT TO POINT OUT I WILL NOT BE HERE NEXT MONTH FOR THE JUNE MEETINGS. MS CLEMONS WILL BE RUNNING THE MEETING IN MY ABSENCE. I'LL SEE YOU ALL
[4. CONSIDERATION OF ABSENCES]
BACK HERE IN JULY. AND THANK YOU ALL VERY MUCH. I BELIEVETHAT IS ALL WE HAVE FOR TODAY. >> CHAIR, I DON'T KNOW IF YOU GOT TO THE CONSIDERATION OF ABSENCES FULLY.
>> OH. >> YOU'RE CORRECT. WE DID HOLD OFF ON THAT. FOR THE RECORD, MS DANIELS DID COME IN, I BELIEVE WHEN WE WERE DISCUSSING ITEM 6A.
>> YEAH, SHE ENTERED THE MEETING AT 2:04 P.M. AND MR. HEANING CALLED IN WITH REASONABLE EXCUSE FOR NOT
ATTENDING. WE'RE APPROVED. >> SO NO ABSENCES TO CONSIDER.
OTHER THAN THOSE THAT ARE EXCUSED. CAN WE GET THAT RIGHT?
>> THAT IS CORRECT. >> AND NOW WE WILL ADJOURN.
THANK YOU.
* This transcript was compiled from uncorrected Closed Captioning.