[00:00:02] OKAY. AT 6:00 ON JUNE 23RD, AND I'LL CALL THE INFRASTRUCTURE ADVISORY AND OVERSIGHT BOARD TO ORDER FOR OUR 2025-6 MEETING. I HAVE A ROLL CALL, PLEASE. LESLIE RHODES, PRESENT. THOMAS. TOM. PRESENT. JIMMIE. CHAD STOREY PRESENT. WE HAVE A QUORUM, AND THAT IS OUR CURRENT. NUMBER OF MEMBERS IS FOUR. [ADOPTION OF MINUTES] SO ADOPTION OF MINUTES. WE HAVE THE MINUTES FROM THE APRIL MEETING. I NEED A MOTION. MOVE TO APPROVE. ANY A SECOND? I'LL SECOND. ALL IN FAVOR? AYE. AYE. AYE. I OPPOSED. AND PUBLIC COMMENTS, SIR. YOU'RE HERE TO. OKAY. [NEW BUSINESS] UNDER NEW BUSINESS CONSIDERATION OF SELECTING A VICE CHAIRPERSON. I DON'T WISH TO WISH ANY BAD LUCK ON ANYBODY, BUT THIS IS THE THIRD TIME, THE THIRD MEETING IN A ROW. WE'VE DONE THIS. SO. I NEED A NOMINATION A SECOND, AND THEN WE'LL VOTE. I'D LIKE TO PRESENT MY NAME AS CONSIDERATION, IF POSSIBLE. OKAY. ALL RIGHT. YOU SECOND. I'LL SECOND. OKAY. ALL THOSE IN FAVOR SAY AYE. AYE. AYE. OPPOSED. PASSES. UNANIMOUS. NEW BUSINESS NUMBER TWO. AN UPDATE ON THE BRIDGE AT REGIONAL PARK. OKAY, I CAN TELL YOU. CHRISTINE SULLIVAN, ASSISTANT PUBLIC WORKS DIRECTOR. I CAN TELL YOU THAT THE FRED POMPEY REGIONAL PARK BRIDGE IS AT 90% DESIGN COMPLETION. FOR THE BRIDGE ITSELF 100% ON THE ACTUAL ROADWAY. WE ARE CURRENTLY AWAITING THE MELBOURNE TILGHMAN WATER CONTROL DISTRICT PERMIT, SO THE ENGINEER CAN THEN MOVE FORWARD WITH THE OTHER PERMITS REQUIRED. ANY IDEA? BREAKING GROUND? LET'S JUST ONE STEP, BABY STEP. THIS IS A PARKS AND FACILITIES PROJECT THAT PUBLIC WORKS IS ASSISTING WITH. AND THEY WOULD BE THE ONES TO GIVE ME THAT INFORMATION. AND I KNOW I DON'T WANT TO ASK THAT AT OUR BOARD MEETING NEXT WEEK. THANK YOU. ANY QUESTIONS? I DO. MR.. SURE. SO I HAVEN'T SEEN THE DESIGN. IS IT BASICALLY GOING TO MIRROR STREET ACROSS THE STREET? IS THAT WHERE THE SCHOOL IS GOING TO BE A FOUR WAY STREET? TURN INTO A FOUR WAY INTERSECTION THERE? THAT'S THAT'S MY UNDERSTANDING. YES. THANK YOU. LIGHT. LIGHT OR ROUNDABOUT OR WHAT IS THE THOUGHTS THERE? THAT'LL BE A SIGNALIZED INTERSECTION AT THIS TIME. OKAY. THANK YOU. NO OTHER QUESTIONS. WE'LL MOVE ALONG TO NEW BUSINESS. NUMBER THREE, OUR SUNSHINE LAW BRIEFING BY MR. RODRIGUEZ. THANK YOU SIR. ALL RIGHT, HERE WE GO. OH, HERE WE ARE. SORRY. THIS GOES UP. YEP. THERE YOU GO. YEAH, THERE IT IS. I'VE NEVER BEEN ON THIS SIDE. ALL RIGHT. GOOD AFTERNOON. FOR THE RECORD, MICHAEL RODRIGUEZ, THE CHIEF DEPUTY CITY ATTORNEY, AND I'M MAKING MY. AND THIS IS THE ALMOST MY ANNUAL PRESENTATION, AN OVERVIEW OF FLORIDA'S SUNSHINE LAW. THIS IS JUST AN OVERVIEW AS YOU ARE NOW. MEMBERS OF AN ADVISORY BOARD. SO THE FLORIDA SUNSHINE LAW APPLIES TO YOU AS ADVISORY BOARD MEMBERS. SO THIS IS JUST KIND OF AN OVERVIEW. WE CAN MAKE IT INTERACTIVE. IF SOMETHING COMES UP. JUST LET ME KNOW AND WE CAN I CAN ANSWER THE QUESTIONS AS THEY COME ALONG. THE SLIDESHOW IS KIND OF SELF-EXPLANATORY AS WELL. SO IT'S AN OVERVIEW. SO BASICALLY, THE SUNSHINE LAW IS DERIVES ITSELF FROM THE FIRST PART AS ARTICLE ONE, SECTION 24 OF THE FLORIDA CONSTITUTION, WHICH PROVIDES THAT ALL MEETINGS OF ANY COLLEGIAL PUBLIC BODY, OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT, OR ANY COLLEGIAL PUBLIC BODY OF A COUNTY, MUNICIPALITY, SCHOOL DISTRICT OR SPECIAL DISTRICT, AND WHICH OFFICIAL ACTS ARE TO BE TAKEN, OR AT WHICH PUBLIC BUSINESS OF SUCH BODY IS TO BE TRANSACTED OR DISCUSSED, SHALL BE OPEN AND NOTICE TO THE PUBLIC, AND MEETINGS OF THE LEGISLATURE SHALL BE OPEN AND NOTICED. AND THEN IT'S CODIFIED IN FLORIDA STATUTES SECTION 286 .011 SUB ONE. ALL MEETINGS OF ANY BOARD OR COMMISSION OF ANY STATE AGENCY OR AUTHORITY, OR OF ANY AGENCY OR AUTHORITY OF ANY COUNTY, [00:05:06] MUNICIPAL CORPORATION OR POLITICAL SUBDIVISION, EXCEPT AS OTHERWISE PROVIDED IN THE CONSTITUTION AT WHICH OFFICIAL ACTS ARE TO BE TAKEN, OR ARE DECLARED TO BE PUBLIC MEETINGS OPEN TO THE PUBLIC AT ALL TIMES. SO, UNDER THE REQUIREMENTS OF FLORIDA STATUTES, WHAT ARE YOUR REQUIREMENTS AS A BOARD? FIRST IS THAT THE MEETINGS OF PUBLIC BOARDS AND COMMISSIONS MUST BE OPEN TO THE PUBLIC. SO WHILE THE PUBLIC DOESN'T NECESSARILY ATTEND ALL THESE MEETINGS, THEIR ACCESS TO THE TO SUCH MEETINGS IS NOT RESTRICTED. THERE'S ALSO REASONABLE NOTICE OF SUCH MEETINGS MUST BE GIVEN. SO THESE ARE NOTICES ARE EITHER PROVIDED AS A NOTICE IN THE NEWSPAPER, THE STATUTE THAT STATUTES HAVE BEEN RELAXED TO TO ALLOW FOR NOTICES TO BE PROVIDED VIA THE CITY'S LOCAL INTERNET WEBSITES, AND THAT MEETINGS OF THE MINUTES MUST BE TAKEN. NOW, ONE OF THE KEY, AND SOMETIMES THE KEY CONFUSION IN REGARDS TO MINUTES. MINUTES ARE NOT INTENDED TO BE VERBATIM TRANSCRIPTS OF WHAT OCCURS IN THE MEETING. MINUTES ARE JUST BASICALLY KIND OF RECOLLECTION, SO YOU CAN GET A GIST OF WHAT ACTUALLY OCCURRED. SOME FOLKS SEEM TO THINK THAT MINUTES ARE SUPPOSED TO BE A TRANSCRIPTION, ALMOST LIKE YOU'RE READING A COURT REPORTER'S REPORT OF A DEPOSITION, AND THAT'S NOT THE CASE. SO THE APPLICABILITY WELL, THIS IS ACTUALLY MORE SPECIFIC TO THE PLANNING AND ZONING BOARD. I APOLOGIZE, BUT IT ALSO WOULD BE SPECIFIC TO THIS BOARD AS WELL, SINCE IT DOES SERVE AS AN ADVISORY FUNCTION. BUT IN THE CASE OF TOWN OF PALM BEACH VERSUS GRATIS, AND THE FLORIDA SUPREME COURT IN 74 HELD THAT A PLANNING COMMITTEE APPOINTED BY THE COUNCIL TO ASSIST IN REVISION OF ZONING ORDINANCES WAS FOUND TO BE SUBJECT TO THE SUNSHINE LAW. THE COURT CONCLUDED THAT THE COMMITTEE SERVED AS THE ALTER EGO OF THE COUNCIL IN MAKING TENTATIVE DECISIONS, STATING THAT ANY COMMITTEE ESTABLISHED BY THE TOWN COUNCIL TO ACT IN ANY ADVISORY CAPACITY WOULD BE SUBJECT TO THE PROVISION OF THE GOVERNMENT IN THE SUNSHINE LAW. SO THAT'S THE THRESHOLD WHEN IT COMES TO WHAT KIND OF A COMMITTEE IS SUBJECT TO SUNSHINE AND WHAT ISN'T. IF THE COMMITTEE SERVES AS AN ADVISORY COUNCIL THAT THEN REPORTS THE FINDINGS BACK TO THE MAIN BODY, THE MAIN COLLEGIAL BODY, WHICH IN THIS CASE WOULD BE THE CITY COUNCIL, IT WOULD BE SUBJECT TO SUNSHINE MEETINGS THAT ARE, LET'S SAY, NOT SUBJECT TO SUNSHINE. OUR CITY STAFF MEETINGS ARE NOT SUBJECT TO SUNSHINE. DO NOT SERVE IN SUCH AN ADVISORY CAPACITY ROLE. SO THE LAW APPLIES TO MEETINGS OF TWO OR MORE MEMBERS OF THE SAME BOARD OR COMMISSION. WHEN DISCUSSING SOME MATTER WHICH FORESEEABLY WILL COME BEFORE THE BOARD OR COMMISSION. THEREFORE, THE STATUTE DOES NOT ORDINARILY APPLY TO AN INDIVIDUAL MEMBER OF THE BOARD OR TO PUBLIC OFFICIALS WHO ARE NOT BOARD MEMBERS. THE SUNSHINE LAW DOES NOT NORMALLY APPLY TO A MEETING OF A MEMBER OF THIS BOARD WITH A PRIVATE CITIZEN. HOWEVER, THE COURTS OF APPEAL IN JENNINGS VERSUS DADE COUNTY HELD THAT SUCH A MEETING CONSTITUTES AN EX-PARTE MEETING, AND THAT SUCH A MEETING RAISES A PRESUMPTION THAT THE CONTACT WAS PREJUDICIAL TO THE DECISION MAKING PROCESS. THIS BOARD DOESN'T MAKE QUASI JUDICIAL DECISIONS, SO I DON'T THINK THIS IS APPLICABLE TO YOUR IN YOUR CASE, HOWEVER WHAT WOULD BE APPLICABLE IS SO THAT'S THE PRACTICAL, PRACTICAL APPLICABILITY OF THIS. TWO OR MORE MEMBERS SAY THERE IS A, AN EQUIVALENT COUNTY BOARD AND TWO OF YOU DECIDE TO GO ATTEND THAT MEETING. CAN YOU ATTEND? YES. IS YOUR ATTENDANCE A VIOLATION OF THE SUNSHINE LAW? NO. CAN YOU PARTICIPATE AND DISCUSS THE MATTER BETWEEN THE TWO OF YOU? KNOW, THEN IT COULD FORESEEABLY COME FORWARD. CAN YOU RAISE A COMMENT AND DISCUSS SOMETHING IF IF AN ISSUE IS RAISED AT THE COUNCIL, MEET AT THAT SUCH A MEETING AND YOU SPEAK AS PART OF PUBLIC COMMENTS? AND IT'S SOMETHING THAT MAY BE REASONABLY COME BEFORE YOU. THEN IT BECOMES A QUESTION NOW THAT BECOMES PART OF THE PUBLIC COMMENT SECTION OF THAT MEETING, WHICH IS DULY IN PUBLIC NOTICE. THEN IT'S KIND OF ONE OF THOSE THE FIRST THINGS YOU LEARN FIRST DAY OF LAW SCHOOL IS THAT YOU FALL UNDER. IT DEPENDS. BUT I THINK THE SAFEST, THE SAFEST OPTION IS ALWAYS JUST DON'T IT'S BETTER NOT TO GIVE THE APPEARANCE OF IMPROPRIETY. YOU KNOW, JUST IT'S IT'S ALWAYS BETTER JUST NOT TO SAY ANYTHING. AND NOT TO GIVE THE APPEARANCE OF SUCH BECAUSE THERE'S IN CASES OF SUNSHINE, THERE'S ALWAYS WATCHFUL EYES THAT ARE JUST ITCHING AT THE BIT TO TO TO SNAG A PUBLIC OFFICIAL, ESPECIALLY IN A IN A VIOLATION OF THE SUNSHINE LAW. SO WHEN DOES IT NOT APPLY? SUNSHINE LAW DOES NOT APPLY TO A MEETING BETWEEN INDIVIDUALS WHO ARE MEMBERS OF DIFFERENT BOARDS. UNLESS ONE OR MORE OF THE INDIVIDUALS HAS BEEN DELEGATED THE AUTHORITY TO ACT ON BEHALF OF THEIR BOARD. [00:10:04] SO, FOR EXAMPLE, THEREFORE, A MEMBER OF THE PLANNING AND ZONING BOARD MAY MEET WITH AN INDIVIDUAL MEMBER OF THE CITY COUNCIL. SAME FOR YOU. ONE OF YOU IS ALLOWED TO MEET WITH THE MEMBER OF THE CITY COUNCIL. SUCH A MEETING IS NOT A VIOLATION OF THE SUNSHINE LAW. AND YOU MAY DISCUSS. AND YOU ARE YOU ARE ALLOWED TO DISCUSS THE RECOMMENDATION MADE BY THAT BOARD, SINCE TWO OR MORE MEMBERS OF THE OF YOUR BOARD ARE NOT PRESENT, PROVIDED THAT NO DELEGATION OF DECISION MAKING AUTHORITY HAS BEEN MADE AND NEITHER MEMBER IS ACTING AS A LIAISON. SO THAT'S ONE OF THE KEYS TO SUNSHINE LAW. YOU CANNOT CREATE AN INTERMEDIARY TO ACT AS YOUR CONDUIT TO COMMUNICATE BETWEEN TO, BETWEEN MEMBERS. SO YOU CANNOT CREATE A THIRD PARTY TO STATE. YOU TELL THIS PERSON X. THAT PERSON THEN GOES AND TELLS ANOTHER BOARD MEMBER X. IF THAT IS FOUND OUT, THEN YOU ARE IN VIOLATION OF THE SUNSHINE LAW. PRACTICAL. THE MOST EGREGIOUS EXAMPLE OF THAT, I THINK. CAN I INTERJECT REAL QUICK? MAYBE THIS EXAMPLE WOULD HELP IS I CAN'T GO TO CITY COUNCIL MEMBER A AND SAY, WE WOULD LIKE TO DO THIS PROJECT. AND HE SAYS, GREAT, I LIKE THAT IDEA. AND THEN I GO TO COUNCIL MEMBER BAY AND SAY, WE WOULD LIKE TO DO THIS PROJECT, AND WE HAVE A VOTE OF CONFIDENCE FROM COUNCIL MEMBER A, BECAUSE AT THAT POINT YOU'VE BECOME CONDUIT. YES, THAT'S THAT'S WHEN YOU BECAME THE CONDUIT, BECAUSE NOW YOU HAVE YOU HAVE BROUGHT FORTH THE THOUGHTS OF COUNCIL MEMBER A AND THEN HAVE BEEN ABLE TO FEED THAT INFORMATION TO COUNCIL MEMBER B AND THEREFORE NOW PROVIDED HIM SOME INFORMATION AND THEREFORE KIND OF AN INDIRECT COMMUNICATION BETWEEN TWO COUNCIL MEMBERS THAT HAS BEEN DONE OUTSIDE OF THE SUNSHINE. SO THESE ARE THE COVERED MEETINGS. SO AGAIN, AS I SAID, CAN A BOARD MEMBER ATTEND ANOTHER BOARD MEETING? YES, A BOARD MEMBER MAY ATTEND MEETINGS OF A SECOND PUBLIC BOARD AND COMMENT ON AGENDA ITEMS THAT MAY SUBSEQUENTLY COME BEFORE THE COMMISSION FOR FINAL ACTION. HOWEVER, IT HAS BEEN ADVISED THAT IF MORE THAN ONE BOARD MEMBER IS IN ATTENDANCE AT SUCH A MEETING, NO DISCUSSION OR DEBATE MAY TAKE PLACE AMONG THE COMMISSIONERS ON THOSE ISSUES. AS AN EXAMPLE, A CITY COMMISSIONER MAY ATTEND A PUBLIC COMMUNITY DEVELOPMENT BOARD MEETING HELD TO CONSIDER A PROPOSED CITY ORDINANCE AND EXPRESS HIS OR HER VIEWS ON THE PROPOSED ORDINANCE, EVEN THOUGH OTHER CITY COMMISSIONERS MAY BE IN ATTENDANCE. HOWEVER, THE CITY COMMISSIONERS IN ATTENDANCE MAY NOT ENGAGE IN A DISCUSSION OR DEBATE AMONG THEMSELVES BECAUSE THEIR DISCUSSIONS AND DELIBERATIONS ON THE PROPOSED ORDINANCE MUST OCCUR AT A DULY NOTICED CITY COMMISSION MEETING. AND SIMILARLY I CAN'T REMEMBER. SO AGAIN, SO MORE I'LL PROBABLY GET TO WHAT I WANTED TO MAKE SURE I DON'T JUMP AHEAD. CAN MORE THAN ONE PLANNING CAN ONE MORE BOARD MEMBER ATTEND A COMMUNITY FORUM SPONSORED BY A PRIVATE ORGANIZATION? AND THE ANSWER IS YES. MEETINGS SPONSORED BY PRIVATE ORGANIZATIONS ARE NOT SUBJECT TO SUNSHINE LAW UNLESS THE BOARD MEMBERS DISCUSS ISSUES COMING BEFORE THE BOARD AMONG THEMSELVES. HOWEVER, CAUTION SHOULD BE EXERCISED TO AVOID SITUATIONS IN WHICH PRIVATE POLITICAL OR COMMUNITY FORUMS MAY BE USED TO CIRCUMVENT THE STATE'S REQUIREMENTS. RECENTLY, MEMBERS OF THE CITY PLANNING, PLANNING AND ZONING COMMISSION VIOLATED THE SUNSHINE LAW WHEN THEY PARTICIPATED IN DISCUSSIONS AT MEETINGS OF A COMMUNITY IMPROVEMENT ORGANIZATION WHICH INVOLVED PLANNING AND ZONING MATTERS. IN THE CASE OF THE CITY OF BRADENTON BEACH VERSUS METS, THE COURT FOUND THAT THE COMMISSIONER'S PARTICIPATION IN THE DISCUSSIONS WAS PARTICULARLY TROUBLING BECAUSE THEY THEY CONTINUED TO ATTEND DESPITE SUNSHINE LAW CONCERNS EXPRESSED BY THE CITY ATTORNEY. IF SUCH A SITUATION SHOULD ARISE, IT IS ADVISABLE TO CONTACT THE CITY ATTORNEY'S OFFICE FOR GUIDANCE SO A REMEDY TO SUCH A SITUATION WOULD BE TO PUBLICLY NOTICE THE MEETING, AND A MEMBER OF THE CITY CLERK'S OFFICE WOULD BE IN ATTENDANCE TO TAKE MINUTES OF THE MEETING FOR RECORDING, AND THEREFORE HAVE SUCH A COMMUNITY FORUM BE CONDUCTED IN THE SUNSHINE. THIS HAS OCCURRED, AND I'VE DONE THIS IN MY EXPERIENCE IN OTHER JURISDICTIONS. SO A LOT OF THEM. AS AN EXAMPLE, IF THIS COMES UP, HOMEOWNERS ASSOCIATION IS HAVING A COMMUNITY MEETING. THEY WANTED AN ISSUE TWO, THREE MEMBERS OF THE IN THIS CASE, IT WAS THE CITY COUNCIL DECIDED TO ATTEND OUT OF AN OVERABUNDANCE OF CAUTION. CITY COUNCIL MEMBERS CAME TO ME AND STATED, HEY, LET'S BE SAFE. IT'S FUN. WE IMMEDIATELY POSTED A NOTICE. I THINK WE NOTICED IT IN THE IN THE NEWSPAPER. WE ALSO POSTED A NOTICE ON THE CITY'S WEBSITE THAT 2 OR 3, TWO OR MORE COUNCIL MEMBERS MAY APPEAR AT THE CITY COUNCIL MEETING. AND MAY DISCUSS A MATTER THAT MAY COME FORWARD. WE HAD BEEN A MEMBER OF THE CITY CLERK'S OFFICE. IS THERE TO TAKE MINUTES AT THAT MOMENT, ONCE IT'S NOTICED AND ONCE A MEMBER OF THE CLERK'S OFFICE IS THERE TO TAKE MINUTES, THAT HOA MEETING IS NOW A SUNSHINE MEETING SUBJECT TO THE SUNSHINE LAWS. AND THE TWO COUNCIL MEMBERS OR THREE CAN FREELY DISCUSS AMONGST THEMSELVES AS IF THEY WERE IN A CITY COUNCIL MEETING. BECAUSE WE HAVE A OR, WE HAVE A DULY NOTICED AND DULY RECORDED PUBLIC MEETING SUBJECT TO THE SUNSHINE LAW. [00:15:01] AND HERE COMES WHERE THIS IS WHERE FOLKS GET TRIPPED UP. CAN A BOARD MEMBER SEND AN EMAIL OR TEXT MESSAGE TO ANOTHER BOARD MEMBER? NO. SUNSHINE LAW REQUIRES BOARDS TO MEET IN PUBLIC. BOARDS IN PUBLIC. SORRY, BOARDS MAY NOT TAKE ACTION ON OR ENGAGE IN PRIVATE DISCUSSIONS OF BOARD BUSINESS, THE WRITTEN CORRESPONDENCE, EMAILS, TEXT MESSAGES, OR OTHER ELECTRONIC COMMUNICATIONS. THIS TYPE OF ELECTRONIC COMMUNICATION ALSO EXTENDS TO COMMENTS ON SOCIAL MEDIA POSTINGS. THE FLORIDA ATTORNEY GENERAL'S OFFICE HAS OPINED THAT MEMBERS OF A CITY BOARD OR COMMISSION MAY NOT ENGAGE ON A CITY'S FACEBOOK PAGE IN EXCHANGE FOR DISCUSSION OF MATTERS THAT FORESEEABLY WILL COME BEFORE THE BOARD OR COMMISSION FOR OFFICIAL ACTION. AS FOR EXAMPLES, THIS HAPPENED IN SOUTH FLORIDA. AN ISSUE CAME UP. ONE OF THE COUNCIL MEMBERS COMMENTED TO SOMEBODY POST. A SECOND COUNCIL MEMBER COMMENTED TO THAT COUNCIL MEMBERS COMMENT NOW THEY HAVE VIOLATED THE SUNSHINE LAW BECAUSE THEY ARE HAVING COMMUNICATIONS OUTSIDE OF A PUBLIC MEETING OPEN FOR EVERYBODY TO SEE. SO THOSE ARE THE THINGS WHERE YOU JUST THINK TWICE AND IT'S NOT NECESSARILY SPEAKING, BUT A LOT, ESPECIALLY IN TODAY'S DAY AND AGE WITH SOCIAL MEDIA AND THE RELEVANCE OF JUST SIMPLY POSTING SOMETHING ON TWITTER OR FACEBOOK, WHATEVER OTHER MEDIUM YOU DECIDE TO USE, THAT THAT WILL FALL WITHIN THE SCOPE OF THE LAW AND IT MAY TRIP YOU UP. SO THE BEST THINGS ARE TO AVOID AGAIN. IF YOU THINK, HEY, IF YOU KIND OF HAVE THAT FEELING. STICK WITH IT AND JUST DON'T DO IT. I ALMOST WANT TO QUOTE SOME OF THE THINGS THAT ARE GOING ALONG THAT YOU CAN SEE ON SOCIAL MEDIA. YOU KNOW, IF YOU GET PULLED OVER BY THE COPS OR SOMETHING HAPPENS, JUST, YOU KNOW, SHUT THE F UP. DON'T SAY ANYTHING. SIR, CAN I INTERJECT ONE THING HERE? LIKE I WAS TELLING YOU BEFORE THE MEETING, I WRITE AS A JOURNALIST. I'M GOING TO CONTINUE TO WRITE. I WRITE A LOT OF THINGS ABOUT THE CITY. I'M GOING TO CONTINUE TO WRITE A LOT OF THINGS ABOUT THE CITY. DO NOT REPLY TO MY POST. THAT'S THE SIMPLEST THING I CAN SAY IS YOU CAN GO TALK TO ANYBODY ELSE ABOUT IT, BUT DON'T TALK TO EACH OTHER ABOUT IT AND DON'T TALK TO ME ABOUT IT. AND A PRACTICAL NOTE. A LOT OF TIMES THE STAFF IS GOING TO COMMUNICATE TO THIS BOARD BY EMAIL. WHAT WILL PRACTICALLY OCCUR IS THAT THE ALL THE MEMBERS WILL BE BCD, BK ON THE EMAIL THAT PROHIBITS SOMEONE FROM HITTING REPLY ALL AND ALL OF YOU SEEING THE REPLY THAT WAY, THE REPLY ONLY GOES TO THAT DIRECTED PERSON, SO YOU DO NOT SEE THE OTHER REPLY. YES, A STAFF MEMBER CAN CAN SEND THE EXACT SAME COMMUNICATION TO ALL THE BOARD MEMBERS AT THE SAME TIME. A BOARD MEMBER CAN REPLY TO THAT STAFF PERSON INDIVIDUALLY. A BOARD MEMBER CANNOT COPY ALL IN THEIR REPLY. SO THE QUESTION THEN STANDS WELL IF ALL OF THEM ARE COPIED AND IT'S A PUBLIC RECORD THAT EVERYBODY IS AVAILABLE FOR INSPECTION, DOES IT VIOLATE THE SUNSHINE LAW? I ADVISE IT'S ADVISABLE THAT IT FALLS WITHIN THE GRAY AREA. IT MAY CONSTITUTE A COMMUNICATION THAT FALLS OUTSIDE OF THAT SCOPE. AND AS ALWAYS, BEST IF IT'S IN THAT GRAY AREA OR IT FALLS IN THERE, IT'S JUST BEST TO AVOID ANY TYPE OF LITIGATION. JUST DON'T DON'T CREATE A HEADACHE FOR THE CITY OR FOR THE CITY ATTORNEY'S OFFICE, PLEASE. ALL RIGHT. I THINK WE'VE SAID THIS ONE ALREADY. YEAH. ALL RIGHT, SO THE PROCEDURES FOR PUBLIC MEETINGS. SO IT MEANS THE SUNSHINE LAW DOES NOT MANDATE THAT A BOARD PROVIDE NOTICE OF EACH ITEM TO BE DISCUSSED VIA A PUBLIC PUBLISHED AGENDA. THE SUNSHINE LAW DOES NOT REQUIRE A BOARD TO CONSIDER ONLY THOSE MATTERS ON A PUBLISHED AGENDA. EVEN THOUGH THE SUNSHINE LAW DOES NOT PROHIBIT A BOARD FROM ADDING TOPICS TO THE AGENDA OF A REGULARLY NOTICED PUBLIC MEETING. THE ATTORNEY GENERAL'S OFFICE HAS ADVISED BOARDS TO POSTPONE FORMAL ACTION ON ANY ADDED ITEMS THAT ARE CONTROVERSIAL, TO GIVE THE PUBLIC AN OPPORTUNITY TO TO APPEAR AND PROVIDE ANY COMMENTS IF THEY WISH. HOWEVER, IF IT'S NOT ON THE AGENDA, THE MATTER COMES UP. THERE IS REALLY NOTHING THAT PROHIBITS THE MATTER TO COME UP FOR A VOTE AND TO BE VOTED UPON BECAUSE YOU'RE ALREADY AT THE MEETING. THE MEETING IS DULY NOTICED AND YOU CAN TAKE ACTION, EVEN THOUGH THE ITEM THAT MAY BE DISCUSSED AND PUT TO A MOTION IS NOT ON THE AGENDA. THERE IS NO REQUIREMENT THAT IT HAS TO BE ON THE AGENDA FOR IT TO BE VOTED UPON. HOWEVER, IT'S SOMETHING THAT'S GOING TO CAUSE A PROBLEM. THEN THAT'S WHERE THE DISTINCTION BETWEEN WHAT'S A LEGAL ISSUE AND WHAT'S A POLITICAL ISSUE TAKES HOLD. I DON'T GET PAID TO MAKE POLITICAL OPINIONS TO YOU GUYS OR TO THE TO THE, TO THE BODY, BUT LEGALLY THAT'S OUTSIDE. BUT THE BEST PRACTICE IS IF IT'S GOING TO CAUSE A PROBLEM WITH THE PUBLIC, COME BACK AND NOTICE IT TO GIVE THE PUBLIC EVERY OPPORTUNITY TO DISCUSS THE ISSUE. [00:20:03] SO THE SUNSHINE LAW REQUIRES THAT MINUTES OF A PUBLIC MEETING, MINUTES OF A MEETING OF A PUBLIC BOARD OR COMMISSION BE PROPERLY, PROMPTLY RECORDED AND OPEN TO PUBLIC INSPECTION. THE TERM MINUTES CONTEMPLATES A BRIEF SUMMARY OR SERIES OF BRIEF NOTES OR MEMORANDA REFLECTING THE EVENTS OF THE MEETING. ACCORDINGLY, A VERBATIM TRANSCRIPT IS NOT REQUIRED, AS I DISCUSSED PREVIOUSLY. REASONABLE PUBLIC NOTICE IS REQUIRED FOR ALL MEETINGS SUBJECT TO THE SUNSHINE LAW, AND IS REQUIRED EVEN THOUGH A QUORUM IS NOT PRESENT. THE SUNSHINE LAW DOES NOT DEFINE REASONABLE NOTICE. THE TYPE OF NOTICE GIVEN DEPENDS ON THE PURPOSE FOR THE NOTICE, THE CHARACTER OF THE EVENT ABOUT WHICH NOTICE IS GIVEN, AND THE NATURE OF THE RIGHTS TO BE AFFECTED. IN EACH CASE, AN AGENCY MUST GIVE NOTICE AT SUCH TIME AND IN SUCH MANNER AS TO ENABLE THE MEDIA AND THE GENERAL PUBLIC TO ATTEND THE MEETING. SO WHEN IT COMES DOWN TO PUBLIC COMMENT NOW, THE SUNSHINE LAW NOW MANDATES AND MEMBERS OF THE PUBLIC SHALL BE GIVEN A REASONABLE OPPORTUNITY TO BE HEARD ON A PROPOSITION BEFORE A BOARD OR COMMISSION. THE OPPORTUNITY TO BE HEARD DOES NOT HAVE TO OCCUR AT THE SAME MEETING AT WHICH THE BOARD TAKES OFFICIAL ACTION. IF THE OPPORTUNITY OCCURS IN A MEETING, THAT IS DURING THE DECISION MAKING PROCESS AND IS WITHIN REASONABLE PROXIMITY IN TIME BEFORE THE MEETING AT WHICH THE BOARD OR COMMISSION TAKES THE OFFICIAL ACTION. THE SUNSHINE LAW DOES NOT PROHIBIT THE BOARD FROM MAINTAINING ORDERLY CONDUCT OR PROPER DECORUM IN PUBLIC MEETINGS. SO HERE I CAN MAKE A COMMENT. SO THIS IS THIS IS ACTUALLY OCCURRING IN MULTIPLE JURISDICTIONS IN THE STATE OF FLORIDA. AND I THINK THIS IS PROBABLY EVEN JUST FOR YOUR GENERAL EDUCATION. OR MAYBE YOU WANT TO GET THE BACKGROUND. SO CITIES AFTER CITIES ARE BEGINNING TO EITHER RESTRICT OR REMOVE ALTOGETHER OR RESTRICT PUBLIC COMMENT. WHAT IS DEEMED PUBLIC COMMENT IS ALLOWING THE PUBLIC TO COMMENT ON MATTERS THAT ARE NOT ON THE AGENDA. SO THERE IS NO QUESTION THAT THE PUBLIC HAS A CONSTITUTIONAL RIGHT TO COMMENT ON A MATTER THAT IS COMING BEFORE THE BOARD FOR A VOTE THAT CANNOT BE RESTRICTED. THE ISSUE, THOUGH, IS A MATTER THAT IS NOT COMING BEFORE THE BOARD. IT IS NOT PART OF THE BOARD'S BUSINESS. IS THERE A FUNDAMENTAL RIGHT FOR THE PUBLIC TO COME AND DISCUSS, HAVE THEIR SAY, TO SAY WHATEVER THEY WANT? THAT PART IS NOT NECESSARILY CLEAR. SO THAT'S WHY CERTAIN CERTAIN LOCAL GOVERNMENTS HAVE ELIMINATED THEIR PUBLIC COMMENT PERIOD, ALLOWING OUR LIMITING TO JUST ALLOWING THE PUBLIC TO COMMENT ON THOSE MATTERS THAT ARE COMING BEFORE THE BOARD, OF WHICH THERE'S A VOTE. AND AND ALLOWING IT TO THERE. THEN THE ISSUE THEN A LOT OF OTHER AND PALM BAY IS NOT ALONE. A LOT OF OTHER LOCAL GOVERNMENTS HAVE ACTUALLY THEN WHAT THEY'VE DONE IS SHUT OFF THE CAMERAS. WHEN IT COMES TO PUBLIC COMMENT, I'VE HEARD, YOU KNOW, WHETHER THEY'RE RUNNING AFOUL OF PUBLIC DECENCY LAWS BECAUSE FOLKS ARE USING THE PUBLIC COMMENT SECTION TO BASICALLY AIR THEIR GRIEVANCES AND GRIPES, AND IT TURNS INTO A CUSSING FEST. I CAN I'VE HEARD OTHER ARGUMENTS THAT, YOU KNOW, A LOT OF THE PUBLIC COMMENT SECTIONS ARE BASICALLY BEING USED TO TO FEED PEOPLE'S SOCIAL MEDIA PAGES. AND WHY SHOULD A LOCAL GOVERNMENT SUBSIDIZE SOMEBODY'S SOCIAL MEDIA PAGE? YOU KNOW, THE PUBLIC ISN'T THE PERSON'S CAMERAMAN OR PRODUCTION CREW. THERE'S NOTHING TO PROHIBIT A MEMBER FROM THE PUBLIC TO COME FROM COMING AND VIDEOTAPING THEIR OWN PRESENTATION OR VIDEOTAPING A PUBLIC MEETING. THERE'S NO PROHIBITION, ACTUALLY. THEY HAVE A RIGHT TO COME IN VIDEOTAPE. SO THEN THE QUESTION BECOMES, WELL, IF THE CITY THERE IS NO YOU HAVE NO CONSTITUTIONAL RIGHT FOR THE CITY TO ACTUALLY TAPE AND BROADCAST THE MEETING. YOU HAVE YOUR RIGHT OF ACCESS AND YOU HAVE YOUR RIGHT TO COME. SO THIS IS THOSE ARE THE ISSUES THAT ARE FACING LOCAL GOVERNMENTS THAT ARE, THAT ARE COMING UP WHEN IT COMES TO PUBLIC COMMENT. UNFORTUNATELY, THERE IS WIDESPREAD LOSS OF DECORUM THROUGHOUT THE STATE OF FLORIDA AT THE PRESENT TIME. I DON'T KNOW WHEN WE'LL GET IT BACK. I HAD TO I WAS MY PREVIOUS JURISDICTION BEFORE COMING HERE. I HAD TO DEAL WITH HAVING TO WRITE THE CITY'S DECORUM ORDINANCE. AND WHEN I MADE THAT PRESENTATION, LET'S JUST SAY THERE WAS NO DECORUM WHEN IT CAME TO ME MAKING MY PRESENTATION, THE THINGS THAT WERE SAID TO ME, TO MY FACE AT A MEETING, AND THEN THE THINGS THAT WERE WRITTEN AND POSTED ABOUT ME ON SOCIAL MEDIA PAGES WERE LESS THAN FLATTERING. SO BUT THAT'S WHEN IT COMES TO TO TO TO PUBLIC COMMENT. I HAVE A QUESTION CLEAR THAT THERE THAT THAT I THINK WHEN I GET TO CONSTITUTIONALLY, THE PUBLIC DOES NOT HAVE AN ABSOLUTE FUNDAMENTAL RIGHT TO COMMENT AT A PUBLIC AT A PUBLIC HEARING. THE COURTS HAVE RULED THAT COUNCIL MEETINGS OR ANY PUBLIC MEETING, THE LOCAL GOVERNMENTS, CAN PLACE A REASONABLE TIME, PLACE AND MANNER RESTRICTION AND THAT SUCH RULES REGARDING DECORUM, LENGTH OF TIME EXPEDIENCY. HAVING SOMEONE SPEAK TO THE GROUP ARE AS LONG AS THOSE ARE APPLIED UNIFORMLY AND EQUALLY AND ARE [00:25:05] REASONABLE, DO CONSTITUTE REASONABLE TIME, PLACE AND MANNER RESTRICTIONS THAT ARE NOT VIOLATE THAT ARE NOT VIOLATIONS OF THE FIRST AMENDMENT. ONE QUESTION OF YOUR YOUR KNOWLEDGE OF THE SITUATION. HAVE ANY OF THE MUNICIPALITIES OR GOVERNMENT ORGANIZATIONS TAKEN TO DOING THE PROPER TIME AND PLACE AS A TOTAL SEPARATE MEETING FOR NON-AGENDA ITEMS, RATHER THAN HAVING PART OF THEIR REGULAR COUNCIL MEETINGS. BUSINESS MEETINGS. IN THE PAST, THE ONLY PLACE THAT I'M FAMILIAR WITH AND ACTUALLY IT WAS WHERE I WAS AT. HOW LONG HAS IT BEEN NOW? GONE? I USED TO BE AN ASSISTANT COUNTY ATTORNEY IN VOLUSIA COUNTY THE VOLUSIA COUNTY COMMISSION, THE COUNTY COUNCIL. AND WE WERE VOLUSIA WAS THE ODD COUNTY OR THE COUNTY. IT WAS NOT A COUNTY COMMISSION. IT WAS THE COUNTY COUNCIL. PUBLIC COMMENT ACTUALLY OCCURRED HALF HOUR BEFORE THE START OF THE OFFICIAL COUNTY COMMISSION MEETING. SO IF THE COUNTY COUNCIL MEETING WAS SCHEDULED TO START AT 10:00 AND OF COURSE, THE COUNTY. SO THOSE MEETINGS LAST ALL DAY, THEY'RE NOT NIGHT MEETINGS. SO THE COUNTY COUNCIL MEETING WAS SCHEDULED TO START AT 10 A.M. FROM 9 A.M. TO 10 A.M. WAS PUBLIC COMMENT PERIOD. SO YOU HAD ENOUGH COUNCIL MEMBERS SHOW UP TO CREATE A QUORUM, BUT AT THAT POINT THEY WOULD BE COMING AND GOING AND THE PUBLIC WOULD COME SPEAK. THEIR COMMENTS WERE RECORDED AND IT WOULD BE GONE, AND THEN IT'D BE OVER AND THEN THE MEETING WOULD PROCEED FORWARD, I THINK. THEN THE MEETING WOULD CONCLUDE. AND THEN ON THE BACK END THERE WAS ANOTHER HALF HOUR AFTERWARDS. SO THAT WAS AN OPTION WHERE IT WAS A SEPARATE A SEPARATE PERIOD OF TIME BEFORE THE MEETING STARTED WHERE THE PUBLIC CAN SPEAK AND LEAVE AND IT WAS OUTSIDE. SO IT WAS A SEPARATE AGENDA, PERIOD OUTSIDE OF THE AGENDA. THAT'S THAT'S THE ONE JURISDICTION THAT I AM FAMILIAR WITH. RECORD. SUBSEQUENTLY, AFTER I'VE LEFT VOLUSIA, I THINK THEY THEN BROUGHT AN INCORPORATED PUBLIC COMMENT INTO THE MEETING, AND I HAVE PLACED IT AT THE BEGINNING, AND IT'S A 5050 SPLIT AMONG THE JURISDICTIONS, AT LEAST IN CENTRAL FLORIDA, BECAUSE I HAD TO STUDY THIS IN APOPKA, BECAUSE APOPKA BEGAN KIND OF ARGUING WHETHER TO PUT PUBLIC COMMENT AT THE BEGINNING OR AT THE END. AND IT'S 5050 AMONG THE JURISDICTIONS, THE NUMBER OF JURISDICTIONS THAT HAD PUBLIC COMMENT AT THE BEGINNING AND AT PUBLIC COMMENT AT THE END, IT IS RARE. I THINK PALM BAY WAS RARE IN THAT IT ACTUALLY HAD PUBLIC COMMENT, BOTH AT THE BEGINNING AND AT THE END. IT PROVIDED THE PUBLIC TWO TO OPPORTUNITIES TO HAVE A PUBLIC COMMENT PERIOD. ONE IDEA IS YOU PUT PUBLIC COMMENT AT THE END BECAUSE IF YOU'RE GOING TO REALLY WANT TO SPEAK, THEN YOU SHOULD BE ABLE TO YOU SHOULD BE THERE IN ATTENDANCE TO DEAL WITH, TO WITNESS AND PARTICIPATE IN ALL OF THE CITY'S BUSINESS. A LOT OF TIMES IN APOPKA, WE HAD WE SHOWED STUDIES THAT THERE WAS A PEAK IN VIEWERSHIP WHEN IT CAME TO PUBLIC COMMENTS BECAUSE I THINK PEOPLE WANTED TO SEE THE SPECTACLE. BUT ONCE PUBLIC COMMENT WAS OVER WE WOULD SEE THE STATISTICS ON YOUTUBE. VIEWERSHIP RADICALLY DROPPED AFTER PUBLIC COMMENTS ENDED BECAUSE PEOPLE JUST WANTED TO SEE, UNFORTUNATELY, THEY WANTED TO SEE THE JERRY SPRINGER SHOW, AND THEY WANTED TO SEE WHAT THE NEXT OUTBURST WAS GOING TO BE AND WHO WAS GOING TO SAY SOMETHING MORE OUTRAGEOUS THAN THE NEXT PERSON WHO WAS GOING TO YELL SOMETHING TO THE MAYOR, WHO WAS GOING TO DO SOMETHING INSULTING? AND IT WAS IT WAS A CIRCUS, UNFORTUNATELY. AND THAT'S JUST IT JUST I THINK IT IMPEDES THE CITY'S BUSINESS, UNFORTUNATELY. ALL RIGHT. IT'S FINE GUYS, RIGHT? I'VE ALREADY TALKED. SO THE OPPORTUNITY TO BE HEARD IS SUBJECT TO RULES OR POLICIES ADOPTED BY THE BOARD, AS PROVIDED IN THE SUNSHINE LAW. AND THOSE RULES ARE LIMITED TO THOSE THAT PROVIDE GUIDELINES REGARDING THE AMOUNT OF TIME AN INDIVIDUAL HAS TO ADDRESS THE BOARD. PRESCRIBED PROCEDURES FOR ALLOWING REPRESENTATIVES OF GROUPS OR FACTIONS ON A PROPOSITION TO ADDRESS THE BOARD, RATHER THAN ALL MEMBERS OF SUCH GROUPS OR FACTIONS. AT MEETINGS IN WHICH A LARGE NUMBER OF INDIVIDUALS WISH TO BE HEARD. PRESCRIBE PROCEDURES OR FORMS FOR AN INDIVIDUAL TO USE IN ORDER TO INFORM THE BOARD OF A DESIRE TO BE HEARD TO INDICATE THEIR SUPPORT, OPPOSITION, OR NEUTRALITY ON A PROPOSITION, AND TO INDICATE THEIR DESIGNATION OF A REPRESENTATIVE TO SPEAK FOR THEM OR THEIR GROUP ON A PROPOSITION IF THEY SO CHOOSE, OR DESIGNATE A SPECIFIED PERIOD OF TIME FOR PUBLIC COMMENT. NOW, WHEN IT COMES TO VOTING, NO. SURE. YEAH, I KIND OF RAISED THIS A COUPLE OF MONTHS AGO AND WAS MORE SO WHEN WE WE DIDN'T MEET A QUORUM ONE MONTH. AND BECAUSE WE HAD PEOPLE IN THE AUDIENCE THAT WERE COMING TO SPEAK WAS IT WAS A NOTICED MEETING BECAUSE WE HAD NO TAKERS. WE COULDN'T PERFORM BUSINESS. BUT COULD WE STILL ALLOW THE FOLKS WHO TOOK THE TIME TO SHOW UP COME BEFORE THE, YOU KNOW, THE MAYBE NOT THE THE BOARD, BUT COME FORTH AND, AND EXPRESS THEIR COMMENT OR THEIR THEIR INTENT OF SHOWING UP TONIGHT. BE THE NOTES BE TAKEN AND A CONVERSATION BEING HAD. IF THERE'S NOTHING FOR US TO VOTE ON BASED ON THOSE COMMENTS, BUT TO ALLOW THEM THE OPPORTUNITY TO EXPRESS THEIR, YOU KNOW, THEIR OPINION BECAUSE THEY MADE IT HERE THAT NIGHT. I THINK AT THAT POINT, WHAT YOU COULD DO IS THERE'S THERE'S NOTHING THAT WOULD STOP YOU FROM HAVING THE COMMON COURTESY OF TAKING THE COMMENTS. IT JUST IT THEN WHAT IT BECOMES IS [00:30:03] ALMOST AN INFORMAL MEETING. BUT THAT NOTHING THOUGH THAT IS RECORDED OR TAKEN, ANY NOTES THAT ARE TAKEN ARE NOT OFFICIAL MINUTES BECAUSE WE DON'T HAVE A MEETING. THEY COULD BE INFORMAL NOTES, LIKE NOTES TAKEN AT A PUBLIC AT A AT A MEETING OF STAFF. THEY'RE NOT PART OF THE OFFICIAL RECORD, BUT THEY'RE THEY CAN BE TAKEN WHETHER THEY. BUT IF THEY'RE GOING TO BE PART OF THE DECISION MAKING PROCESS, THEN I WOULD ADVISE THAT THOSE THEN BE BROUGHT WHEN YOU HAVE A QUORUM AND ARE INCORPORATED AT SUCH TIME IN ORDER TO MAKE THEM PART OF THE OFFICIAL RECORD. SO IF SOMEBODY COMES, THERE'S NO QUORUM. THERE'S AN ISSUE TO BE DISCUSSED. THEY COME, THEY MAKE THEIR PRESENTATION IT'S RECORDED. THEY TAKE THE NOTES. AT THAT POINT, THAT INFORMATION CANNOT NECESSARILY BE USED AS EVIDENCE TO SUPPORT A DECISION, BECAUSE YOU'RE NOT AT THAT POINT CONTEMPLATING A DECISION BECAUSE YOU DON'T HAVE A MEETING. YOU'RE NOT SITTING ON A BOARD. THERE'S NO QUORUM. I WOULD ADVISE THAT THAT BE BROUGHT FORTH AT THE NEXT MEETING, MADE A PART OF THE RECORD, TAKEN INTO CONSIDERATION, AND THEN THEN MOVE FORWARD AS WHEN? WHEN YOU HAVE A QUORUM. YEAH. AND MY MAIN CONCERN WAS JUST, AGAIN, FOR THE COMMUNITY WHO TAKES THE TIME TO SHOW UP, GIVE THEM THE OPPORTUNITY TO AT LEAST ADDRESS THE BOARD, BECAUSE THE NEXT MONTH THEY NOT MIGHT NOT BE ABLE TO. SO IT WAS MORE SO GIVING THEM FLEXIBILITY, RIGHT? BUT I THINK IT'S IMPORTANT TO LET THEM KNOW THAT THAT THE COMMON COURTESY WILL BE EXTENDED. BUT THERE THERE CAN NO OFFICIAL ACTION CAN BE TAKEN BECAUSE IT'S NOT AN OFFICIAL MEETING. SO NOTHING WOULD PRECLUDE THE THE BOARD MEMBERS FROM INDIVIDUALLY TALKING FROM ANYBODY WHO SHOWED UP TO THAT MEETING AND WANTED TO TALK. WE COULD MEET WITH THEM INDIVIDUALLY AND TALK WITH THEM ABOUT WHAT THEY CAME FOR. CORRECT. AND QUITE FRANKLY, BECAUSE AGAIN, IT'S A WELL, THE LEGAL MUMBO JUMBO EARLIER, IT GETS CONFUSING. BUT IT'S LIKE IF SOMEBODY COMES IN AND HAS A QUESTION WE NORMALLY COMMENTARY, I THINK I JUST ANSWER MY OWN QUESTION. NORMALLY COMMENTARY IS NOT A BACK AND FORTH. IT'S A COMMENT. WE LISTEN AND WE WE GO ON. IT'S NOT A IT'S NOT A TRANSACTIONAL EVENT. SO. OKAY. ALL RIGHT. SO VOTING A MEMBER OF A BOARD WHO IS PRESENT AT A MEETING IS PROHIBITED FROM ABSTAINING FROM VOTING, EXCEPT AS AUTHORIZED BY STATUTE. LEGAL REASONS FOR ABSTAINING ARE AN ACTUAL OR THE APPEARANCE OF A POSSIBLE CONFLICT OF INTEREST, WHICH WOULD INURE TO THE BOARD MEMBER SORRY, THE BOARD MEMBER SPECIAL PRIVATE GAIN OR LOSS, WHICH THEY KNOW WOULD INURE TO THE SPECIAL PRIVATE GAIN OR LOSS OF ANY PRINCIPAL BY WHOM THEY ARE RELATED, OR TO THE PARENT ORGANIZATION OR SUBSIDIARY OF A CORPORATE PRINCIPAL BY WHICH THEY ARE RETAINED, OTHER THAN THE PUBLIC AGENCY AS DEFINED, OR WHICH THEY KNOW WOULD IN NEAR TO THE SPECIAL PRIVATE GAIN OR LOSS OF A RELATIVE OR BUSINESS ASSOCIATE OF THE PUBLIC OFFICER. SO THAT'S THE ONLY REASON YOU, AS A BOARD MEMBER CAN ABSTAIN FROM A VOTE. ASIDE FROM THAT, YOU MUST VOTE. YOU GUYS ARE AN ADVISORY BOARD, BUT ELECTED OFFICIALS, JUST. IF THEY FEEL UNCOMFORTABLE ABOUT SOMETHING. THEY DO NOT HAVE THE OPTION TO ABSTAIN. THEY MUST SAY YES OR NO ON THE RECORD, UNLESS THERE IS A TRUE FINANCIAL CONFLICT OF INTEREST THAT PROHIBITS. AND IF THERE IS SUCH A CONFLICT OF INTEREST, THEN IT IS ALSO MANDATORY THAT YOU HAVE TO FILL OUT THE PROPER FORM FROM THE COMMISSION ON ETHICS, OUTLINING WHAT THAT CONFLICT OF INTEREST IS. AND THAT'S THAT'S FILLED OUT IN DETAIL AND SUBMITTED TO THE COMMISSION ON ETHICS, WHICH THEN DETERMINES WHAT THE WHAT WAS THE PROPER REASONS FOR YOU TO ABSTAIN FROM YOUR VOTE. SO THESE ARE THE REMEDIES AND PENALTIES FOR VIOLATIONS OF THE SUNSHINE LAW. SO A KNOWING VIOLATION OF THE SUNSHINE LAW IS A MISDEMEANOR OF THE SECOND DEGREE. AND CONVICTION MAY RESULT IN A TERM OF IMPRISONMENT NOT TO EXCEED 60 DAYS, OR A FINE OF UP TO $500. IF CONVICTED, AN OFFICER CAN BE REMOVED FROM OFFICE BY EXECUTIVE ORDER OF THE GOVERNOR, AN OFFICER WHO PLEADS NO. THE CONTENT IS DEEMED TO HAVE BEEN CONVICTED. THE PUBLIC OFFICER FOUND VIOLATING THE SUNSHINE LAW IS ALSO GUILTY OF IT. NONE CAN BE GUILTY OF A NONCRIMINAL INFRACTION, PUNISHABLE BY A FINE NOT EXCEEDING $500, AND REASONABLE ATTORNEY'S FEES WILL BE ASSESSED AGAINST A BOARD FOUND TO HAVE VIOLATED THE SUNSHINE LAW. SOMETHING ACTUALLY CAME UP. I HAD A MEMBER OF THE PUBLIC CALL OUR OFFICE, AND THEY WANTED TO ACTUALLY REPORT A POTENTIAL VIOLATION OF THE SUNSHINE LAW. I NEED TO FIRST ASK, WELL, WHAT BODY ARE YOU REPORTING? I NEED TO KNOW BECAUSE YOU'VE CALLED THE CITY ATTORNEY'S OFFICE. THEY WERE ACTUALLY COMPLAINING ABOUT A RECREATIONAL DISTRICT, WHICH ACTUALLY IS SUBJECT TO THE SUNSHINE LAW CALLED CITY BECAUSE RECREATIONAL DISTRICTS ARE ACTUALLY APPROVED BY THE CITY, BUT THEY ARE SUBJECT TO FLORIDA STATUTES. ANY VIOLATIONS OF THE SUNSHINE LAWS ARE ACTUALLY HANDLED BY LOCAL LAW ENFORCEMENT. SO IF THEY OCCUR WITHIN THE CITY, THEY ACTUALLY ARE REFERRED TO THE CITY POLICE DEPARTMENT. NOW, I DON'T KNOW, BECAUSE I DON'T HANDLE THE POLICE DEPARTMENT MATTERS. [00:35:03] I DON'T KNOW WHAT'S THE POLICY WITH THE CITY OF PALM BAY. I KNOW THAT IN MY PAST, THIS PAST YEAR, I WAS IN THE CITY OF APOPKA. IF THERE WERE ALLEGATIONS OF CERTAIN VIOLATIONS OF THE CITY OF APOPKA, THAT OUR POLICE CHIEF'S POLICY WAS THAT THE MATTERS WERE IMMEDIATELY REFERRED TO THE SHERIFF'S OFFICE TO AVOID ANY CONFLICTS OF INTEREST OR IMPROPRIETY IN THE SHERIFF'S OFFICE, WHICH CONDUCT THEIR INVESTIGATION AND THEN REPORT THEIR FINDINGS TO THE STATE ATTORNEY'S OFFICE TO THEN DETERMINE WHETHER OR NOT THERE WAS ENOUGH PROBABLE CAUSE TO PROCEED FORWARD TO A TO PROSECUTION. OKAY. SO THAT THAT CONCLUDES KIND OF THE BASIC OVERVIEW. ONE OF THE THINGS THAT'S INTERTWINED WITH SUNSHINE. AND I DON'T REALLY GO TOO MUCH INTO DETAILS, BUT I DO KIND OF GO OVER IT SOMEWHAT IS PUBLIC RECORDS, WHICH IS ACTUALLY UNDER CHAPTER 119 FLORIDA STATUTES. AND A LOT OF THAT IS GOING TO BE ANY TYPE OF YOU GUYS CAN ACTUALLY CREATE PUBLIC RECORDS IF YOU'RE MAKING ANY NOTATIONS OR ANY DOCUMENTS. BUT SOME THINGS THAT FALL UNDER THAT SCOPE OF PUBLIC RECORDS AND IS VERY DANGEROUS, ESPECIALLY IN THE AGE OF OUR MEETINGS BEING VIDEOTAPED. AND THAT IS IF SOME OF YOU ARE SITTING UP THERE IN A DAIS, AND IT'S ESPECIALLY IF IT'S A CONTROVERSIAL TOPIC AND THE CAMERA CATCHES YOU DURING THE MEETING DOING THIS, SOMEBODY CAN MAKE A PUBLIC RECORDS REQUEST AND THEY WANT TO SEE WHAT'S ON THIS PHONE. NOW WE CAN MUDDLE THIS AND TIE THIS UP INTO MONTHS AND MONTHS OF LITIGATION, BECAUSE THE COURTS ARE SOMEWHAT CLEAR THAT NOT EVERYTHING THAT'S ON THIS, ESPECIALLY IF IT'S YOUR PERSONAL PHONE, IS A PUBLIC RECORD. AND ACTUALLY, THE THE FLORIDA SUPREME COURT HAS ACTUALLY STATED THAT NOT EVERYTHING THAT'S ON THAT COMPUTER, THAT'S A CITY COMPUTER IS ALSO PUBLIC RECORD. SO, FOR EXAMPLE, IF I TAKE MY I DON'T DO THIS, BUT IF I TAKE MY CITY EMAIL AND I'M JUST LAPSE OF JUDGMENT AND I USE MY CITY EMAIL TO EMAIL MY WIFE AND SAY, HEY, I'M GOING TO BE LATE TONIGHT LET'S ORDER TAKEOUT. AND SOMEONE MAKES A PUBLIC RECORDS REQUEST SAYING THEY WANT TO SEE EVERY SINGLE EMAIL. ALL RIGHT. THE CHIEF DEPUTY CITY ATTORNEY HAS SENT OUT. THEY'RE NOT ENTITLED TO SEE THE EMAILS TO MY WIFE, BECAUSE IT DOESN'T FALL UNDER THE DEFINITION OF A PUBLIC RECORD, BECAUSE IT'S NOT BEING DONE IN FURTHERANCE OF MOVING FORWARD LOCAL GOVERNMENT BUSINESS. BECAUSE THE FACT THAT I'M ASKING MY WIFE TO GET TAKEOUT HAS NOTHING TO DO WITH THE BUSINESS OF THE LOCAL GOVERNMENT, EVEN THOUGH THE MACHINE, EVEN THOUGH THAT MESSAGE IS ON A CITY MACHINE, JUST BECAUSE THE THE INSTRUMENT IS OWNED AND PAID FOR BY THE CITY DOES NOT NECESSARILY MEAN THAT THE INFORMATION IS WITHIN IT IS BELONGS TO THE CITY. BUT ON THE FLIP SIDE, THESE ARE THE ISSUES WHEN IT COMES TO RETAINING THE INFORMATION SOCIAL MEDIA POSTS AS AN ELECTED OFFICIAL OR AS A PUBLIC OFFICIAL. IF YOU PRESENT YOURSELF AS A PUBLIC OFFICIAL ON A SOCIAL MEDIA PAGE AND YOU STATE INFORMATION AS SUCH, THAT INFORMATION ENTERS INTO THE PUBLIC SPHERE AS A PUBLIC RECORD. YOU CANNOT DELETE THAT INFORMATION. YOU CANNOT STRIKE THAT INFORMATION. IF YOU DELETE THAT INFORMATION, THEN YOU HAVE DELETED AND DESTROYED PUBLIC RECORDS WITHOUT UNDERGOING THE PROPER MECHANISM FOR FOR DESTRUCTION OF PUBLIC RECORDS. THIS HAPPENS A LOT OF TIMES WHEN WE HAVE FOLKS WHO USE THEIR FACEBOOK PAGES AND PRESENT THEMSELVES AS ELECTED OFFICIALS ON THEIR FACEBOOK PAGE. ESPECIALLY IF IT'S OUTSIDE OF THE LOCAL GOVERNMENT, BECAUSE THE GOVERNMENT CAN NO LONGER BE THE CUSTODIAN OF THAT INFORMATION. SOME GOVERNMENTS, AND THIS IS THE POLICY. I WISH WE COULD DO THAT HERE, BUT THE CITY DOES NOT. CITY OF PALM BAY DOES NOT OWN ALL OF THE ALL OF THE COMMISSIONERS FACEBOOK PAGES. THE CITY OF APOPKA. THE CITY ACTUALLY OWNED THE CITY. THE FIVE COMMISSIONERS PAGES. SO EACH ELECTED OFFICIAL ACTUALLY RENTED A FACEBOOK PAGE. WHEN THEY BECAME THEY WERE ELECTED, THEY WERE GIVEN THEIR PASSWORDS FOR THEIR FACEBOOK PAGE. BUT THAT JUST MEANT THAT THE SERVER AND ALL THE DATA WAS HELD ON CITY SERVERS SO THAT THE CITY COULD CONTROL THE INFORMATION THAT WAS THERE, AND THEY WERE THE TRUE CUSTODIAN OF SUCH RECORDS, SO THAT IN THE EVENT THAT SOMEONE ASKED FOR AND TO INSPECT THE RECORDS, IT WAS READILY AVAILABLE. INSTEAD OF HAVING TO GO TO A THIRD PERSON AND SAY, I HOPE YOU HAVEN'T DELETED ANY OF THAT, BECAUSE THERE ARE PUBLIC RECORDS THERE THAT IF YOU'RE, YOU KNOW, PUTTING YOURSELF OUT AS AN ELECTED OFFICIAL OR AS A PUBLIC OFFICIAL THEN THOSE DOCUMENTS, WHETHER YOU'RE HOLDING THEM, MAY FALL UNDER THE SCOPE OF A PUBLIC RECORD. SO IF I PROVIDE AN UPDATE TO MY NEIGHBORHOOD OF WE HAD A MEETING TODAY, THIS IS WHAT WE DISCUSSED. HERE'S THE AGENDA. AND PEOPLE START ASKING QUESTIONS. THAT IS A THAT'S A PUBLIC RECORD. AS AS LONG AS IT LIVES, IT'S FINE. BUT IF SOMEBODY HAD AN ISSUE AS THE ADMIN OF WHATEVER COMMUNITY PAGE AND DELETED IT AND NOT ME, THAT'S STILL A IF YOU PROVIDE IF YOU DECIDE TO PROVIDE A NEWSLETTER IT WOULD BE ADVISABLE TO EITHER A LET THE CITY KNOW [00:40:04] WHAT SOURCE OR WHERE THE ARCHIVE IS, OR BE. PROVIDE A COPY TO THE CITY OF THAT NEWSLETTER SO THAT THE CITY CAN THEN ARCHIVE IT AND RETAIN A COPY OF IT, SO THAT IN THE END, ALL REPLIES THAT ARE SENT TO YOU TO COPY AND PROVIDE THEM TO THE CITY, SO THAT IF THE CITY RECEIVES A PUBLIC RECORDS REQUEST THAT SAYS, I WOULD LIKE TO SEE ALL CORRESPONDENCE TO AND FROM COMMISSIONER STORY IN REGARDS TO THIS ISSUE, THE CITY CAN SIMPLY GO AND GO TO THE RECORDS CUSTODIAN FOR THIS BOARD, AND THEY CAN QUICKLY PULL UP EVERY EMAIL TO AND FROM AND PREVENT PRESENT IT TO THE PERSON REQUESTING THAT PUBLIC RECORD. SO ESPECIALLY IF IT'S IF IT'S COMMUNICATIONS, IF SOMEONE IS, YOU KNOW, COMMUNICATING BACK AND FORTH WITH YOU ON IT, ON A MATTER THAT'S COMING BEFORE THIS, THIS BOARD, THAT COMMUNICATION DOES FALL WITHIN THE PUBLIC RECORDS LAW AND MUST BE RETAINED BY THE CITY. SO ANYTHING YOU RECEIVE FROM SOMEBODY. I THINK IT'S HIGHLY ADVISABLE THAT YOU COPY IT AND PROVIDE A COPY OF THAT TO THE CITY, ESPECIALLY AT LEAST AT A MINIMUM, TO THE SECURITY. TO THE SECURITY. SORRY TO THE SECRETARY OF THIS BOARD SO THAT IT CAN BE RETAINED BY THE CITY AS A AS A PUBLIC RECORD IN ORDER TO COMPLY WITH THE PUBLIC RECORDS LAW AND TO HONOR ANY PUBLIC RECORDS REQUEST THAT MAY BE DONE. OKAY. ALL RIGHT. WELL, THANK YOU FOR THE OPPORTUNITY. ALL RIGHT. OKAY. ANYBODY HAVE ANY AGENDA REQUESTS FOR THE NEXT MEETING? [OTHER BUSINESS] I HAVE TWO REQUESTS. THE FIRST REQUEST IS A QUESTION ABOUT SIGNAL TYPES. ACROSS THE ACROSS PALM BAY. ARE THEY ARE WE A MAJORITY TIME SIGNAL, OR DO WE HAVE PRESSURIZED SIGNAL TRIGGERS AT LOCATIONS? I'M GOING TO ASK ALAN TO ANSWER THAT QUESTION. ALAN, DON IS OUR TRAFFIC OPERATIONS DIVISION MANAGER. SO YOU WANT TO KNOW IF WE HAVE ACTUATED OR TIMED? CORRECT. WE USE ACTUATED SIGNALS AND ALL OUR SIGNALS ARE EITHER VIDEO DETECTION LOOP DETECTORS. I THINK THERE'S 1 OR 2 THAT HAVE MICROWAVE STILL, BUT BASICALLY THAT'S HOW WE DO IT. WE DO DO TIME BASED COORDINATION ALONG MALABAR ROAD. OKAY. SO WHEN IT'S AT A CERTAIN PERIOD OF TIME, IT CALLS THIS TIMING PLAN. BUT THAT STILL HAS ACTUATION STILL APPLIES IN THERE. SO IF THEY DON'T HAVE ENOUGH ON LIKE SAY IT'S SUPPOSED TO RUN 30S ON THE MAIN AND THERE'S NOT REALLY ANYBODY CALLING ON THE SIDES, IT'S GOING TO DUMP ALL THE TIME ON THE MAIN OR YOU'RE WATCHING THE VIDEO, YOU SEE SOMETHING HAPPEN AND YOU'RE GOING TO POTENTIALLY ADJUST THE TRAFFIC THAT YOU KNOW IS GOING TO BE GOING IN DIFFERENT DIRECTIONS. SO, YOU KNOW, TRAFFIC DATA IS NOT RECORDED. WE DON'T SIT AND WATCH A CAMERA ALL DAY LONG, OKAY? WE DON'T HAVE THAT SOPHISTICATION AT THIS POINT. WE'RE WORKING ON GETTING TO THAT POINT WHERE WE CAN ACTUALLY HAVE A PTZ IN THE SYSTEM. THE AUTO DETECTION IS OPTIMIZED AND IT RUNS BY ITS OWN INTERNAL COMPUTER. SO IT'S KNOW IT RECOGNIZES THE VEHICLE AND IT KNOWS YOU'RE SITTING THERE. SO THAT'S WHEN IT MAKES A CALL AND KNOWS WHEN YOU LEAVE IT. IT SENSES AND ACTUALLY LIKE SAY THE INTERSECTION OF MALABAR AND WALMART. WE COULD SIT THERE AND IT WILL TELL US HOW MANY PEOPLE WALKED ACROSS THE STREET, HOW MANY VEHICLES WENT ACROSS THROUGH THERE, MADE LEFTS, RIGHTS, WHATEVER THAT DATA WE HAVE, BECAUSE IT COLLECTS IT FOR A CERTAIN AMOUNT OF TIME, THEN, YOU KNOW, THERE'S ONLY SO MUCH TIME YOU CAN KEEP THAT STUFF AND IT WASHES OUT. BUT WE DON'T SIT THERE AND SAY, OH, HE NEEDS FIVE MORE SECONDS. WE'RE GOING TO SHOOT THAT TIMING OUT TO THERE. WE WOULD. THERE'S NO WAY TO SEND THAT INFORMATION THAT FAST TO DO IT. BUT THERE ARE WHEN WE DO GET OUR OUR CENTRAL SYSTEM UP AND RUNNING OUR IT'S IT DOES HAVE AN AN ADAPTABILITY CIRCUIT THAT WILL DO SOME OF THAT SOPHISTICATED TYPE. OKAY. I NEED A LITTLE BIT MORE TYPE OF THING AND TRY TO MAKE IT NICE. BUT YEAH BUT WE AS A RULE WE'RE LOOPS OR VIDEO DETECTION AND WE DON'T JUST SIT THERE AND GO, HEY, I'M GOING TO MAKE THIS RUN WITHOUT LOOPS. I MEAN, THERE'S BEEN INSTANCES IN LIKE UNDER CONSTRUCTION WHERE WE DON'T HAVE A LOOP OR A VIDEO INSTALLED IN THAT INTERSECTION THAT WE WILL DO TIME OR WE HAVE A LOOP FAILURE, IT WILL AUTOMATICALLY REVERT TO THE MAXIMUM AMOUNT OF TIME. SO WE GET SERVICE TO THAT INTERSECTION OR THAT FACE OR THAT MOVEMENT OR THAT DIRECTION OF TRAVEL HOWEVER YOU WANT TO PUT IT. BUT SO THAT'S HOW THEY BASICALLY OPERATE. I JUST COULDN'T I COULDN'T TELL YET FROM, FROM WHAT IS THE TRIGGER OF WHAT WHAT ACTUATE OR, OR IF THERE WAS A TIMER. SO THAT'S GREAT INFORMATION. I WAS JUST, YOU KNOW, I TRAVEL A LOT ON THE WEST SIDE OF, OF NINE, OF 95. AND I'VE NOTICED VARIOUS PATTERNS. PATTERN FLOW. [00:45:06] ONE OF THE WORST PATTERN FLOWS I'VE SEEN RIGHT NOW IS, IS SAINT JOHN'S PARKWAY. ESPECIALLY IN THE MORNING. YES. THIS MORNING I LEFT OUT. AND THERE'S A LINE OF CARS FROM FROM THE BRIDGE TO THE TO TILLMAN AT 8:00 IN THE MORNING. AND THERE'S NO LIGHTS YET NOW. AND THERE WAS NO CONSTRUCTION TRAFFIC. YOU KNOW, THEY'RE THEY'RE THEY'RE ONE LANE AT IN THE AFTERNOON. BUT THAT'S THE ONE THING THAT CONCERNS ME, ESPECIALLY WITH TWO LIGHTS, IS WITH THE ONE THAT'S COMING AT THE AT THE PARK AND THE ONE THAT'S GOING TO BE THERE AT EMERSON AND AND AT SAINT JOHN'S IF, IF THAT THE MOMENT YOU HAVE A RED LIGHT, THE BAND, YOU KNOW, THE TRAFFIC BAND, IT JUST IT'S HARD TO GET TRAFFIC MOVING IN THAT SHORTER PERIOD IN THAT SHORT STRETCH WHEN THERE'S A LOT OF CARS OUT THERE. SO THAT'S THE REASON FOR MY QUESTION. THERE IS WHAT WAS GOING TO TRIGGER RED, RED, YELLOW AND GREEN? ESPECIALLY FOR THOSE TWO. WHAT WHAT IS YOUR PLAN FOR? I KNOW WE DON'T HAVE A PLAN YET FOR FOR THE PARK, BUT WHAT WOULD BE THE PLAN FOR EMERSON? WHAT'S THE EMERSON? SAINT JOHN'S? YEAH. IT'S SIGNALIZED. IT SIGNALIZED? WHAT TYPE? OKAY, WE'LL BE USING THAT INTERSECTION. PERFECT. AND ONE THING, IF YOU HAVE SERIES OF INTERSECTIONS THAT ARE CLOSE TOGETHER, THEY HAVE TO BE COORDINATED. YEAH. WITH THAT, I MEAN, THAT'S WITHIN IF IT'S OVER A MILE OR WHAT, LIKE, SAY, CALDERON BETWEEN CALDERON AND MINTON OR ELDORADO AND EMERSON, ELDORADO SITS TOO FAR FROM EITHER ONE OF THEM TO BE TIED TO THE COORDINATION. IT'S LIKE A BREAK POINT THERE. SO WE DON'T IT'S NOT IN THAT COORDINATED EAST OF THAT, AND IT'S NOT COORDINATED WITH ANYTHING TO THE WEST OF THAT. I APPRECIATE IT. SO THAT ANSWERS THAT QUESTION. SO I GUESS THE SECOND QUESTION I HAD IS FROM ROAD BONDS FOR NEW CONSTRUCTION. IS THERE A DIFFERENCE? DO WE HAVE A ROAD BOND FOR NEW CONSTRUCTION FOR THERE'S NO ROAD BONDS FOR NEW FOR ROAD BOND. HE'S HE'S NOT TALKING ABOUT THE GO ROAD, SIR. HE'S TALKING ABOUT DEVELOPERS BONDING THEIR ROAD, THE CONSTRUCTION OF THEIR. OH, OKAY. YEAH. I APOLOGIZE FOR FOR THAT. I, I KNEW WHAT HE WAS ASKING ALREADY. I ALREADY PREEMPTED HER. SORRY ABOUT JUMPING THE GUN ON THAT. MY UNDERSTANDING FROM OUR ENGINEER IS THAT IF THE PROJECT IS IF IT'S PLANTED EARLY BEFORE THE ROAD WORK, THERE IS NO BOND. IF, HOWEVER, THEY COMPLETE THE ROAD WORK, AND THEN THEY COME TO THE CITY AND SAY, WE'D LIKE TO PLANT THIS DEVELOPMENT. THEN WE REQUIRE A FOUR YEAR PERFORMANCE BOND ON THOSE ROADS. IF. AND THAT'S FOR PRIVATE ROADS. IF THE ROADS ARE DEDICATED, IF THE ROADS ARE CONSTRUCTED AND THEY'RE DEDICATED TO THE CITY AFTER THEY'VE BEEN CONSTRUCTED, THEN WE DO REQUIRE A TWO YEAR MAINTENANCE BOND TO ENSURE THAT THE CITY WON'T BE RESPONSIBLE FOR THE MAINTENANCE OF THOSE ROADS FOR THE FIRST TWO YEARS. GOTCHA. AND THE REASON WHY I BRING THAT UP IS IN PAST DEVELOPMENTS THAT I'VE SEEN. NORMALLY THERE'S A THERE'S A TWO LAYER OF PAVING PROCESS WHERE THERE'S A ONE LAYER DURING CONSTRUCTION AND WHEN CONSTRUCTION IS DONE IN AN AREA, THEY WILL PUT THE SECOND LAYER DOWN TO ENSURE THE LONGEVITY OF THE ROAD. THE ROADS THAT I'VE SEEN IN SOME OF THE PRIVATE NEIGHBORHOODS THERE, THERE IS NO A PLAN TO COME BACK. WHATEVER WAS LAID THERE IS WHAT'S THERE. AND IT'S UP TO THE COMMUNITY TO TO MAINTAIN IT ONCE IT'S THEIR THEIR ROAD TO MAINTAIN. I'M JUST WORRIED ABOUT IF PEOPLE DON'T UNDERSTAND TO HOLD DEVELOPERS ACCOUNTABLE OF, WELL, THIS SECTION IS DAMAGED AND THIS SECTION IS ALREADY, YOU KNOW, IT'S ALREADY BEEN KNOCKED OUT BECAUSE OF WHATEVER. IT'S TO MAINTAIN A PRIVATE ROAD IS, IS IS PRETTY VERY CUMBERSOME FOR A NEIGHBORHOOD. AND I WANTED TO MAKE SURE THERE WAS SOME SEE IF THERE WAS ANY KIND OF MECHANISM THAT FOLKS WHO DON'T KNOW TO ASK THE QUESTION AT LEAST WERE PROTECTED. AND BECAUSE I'VE ALREADY NOTICED IN SOME OF THE NEIGHBORHOODS I'VE GONE THROUGH THERE'S DAMAGE AND THERE'S TO TO THE ROADS THAT REALLY ARE UP TO THE DEVELOPER TO FIX IT BEFORE THEY WALK OUT THE DOOR. OTHERWISE IT'S NOW SOMETHING THEY, THE COMMUNITY HAS TO DEAL WITH. IS THERE A IS THERE A MEANS TO ON THE CITY WEBSITE FOR ME TO GO AND VERIFY WHAT BONDS ARE. WHAT PERFORMANCE BONDS. EVEN. JUST NOT EVEN JUST FOR A NEIGHBORHOOD OR FOR ROADS, BUT LANDSCAPE. I MEAN, ARE THERE ANY SCHEDULES FOR FOR THOSE THINGS TYPE OF THINGS? I AM NOT AWARE OF ANYTHING BEING ON OUR PUBLIC WEBSITE THAT INDICATES ALL OF THE BONDS THAT WE HAVE. [00:50:03] YEAH. BUT AGAIN, I, I WOULD LIKE TO GET FURTHER INFORMATION ON THAT. I DON'T WANT TO GIVE YOU BAD INFORMATION. ABSOLUTELY. SO IF YOU WOULD ALLOW ME TO CHECK WITH OUR ENGINEERS AND OUR LAND DEVELOPMENT OFFICE, THEN I CAN PERHAPS GIVE YOU A BETTER ANSWER NEXT TIME. PERFECT. AND LIKE I SAID, MY INTENT IS. SO IF SOMEBODY DOES ASK THE QUESTION, THEY COULD HAVE THE INFORMATION TO GO TOWARDS AND THEN YOU KNOW, BECAUSE THE BIGGEST THING FOR, FOR PALM BAY MOVING FORWARD IS TO ENSURE THAT, FOLKS, WHEN WE'RE WHEN WE'RE BULLDOZING NEW WE'RE BULLDOZING OPEN LAND TO MAKE SURE AT LEAST IT'S MAINTAINED AND SUSTAINABLE AS LONG AS POSSIBLE TO TO MAKE THE THE INVESTMENT WORTHWHILE VERSUS A LOT OF NEIGHBORHOODS THAT TAKE FIVE 1015. SOME OF THESE NEIGHBORHOODS ARE GOING TO TAKE 15 OR PLUS YEARS TO DEVELOP. ONCE THEY'RE DONE, NOT LEFT IN A, IN A MEANS THAT PEOPLE HAVE TO SPEND AN ARM AND A LEG TO MAINTAIN. SO THAT'S THAT'S THE INTENT THERE. SO I APPRECIATE YOUR HELP THERE. THANK YOU. ANYBODY ELSE? I DID HAVE ONE QUESTION. CLAREMONT STREET IN THE SEWAGE BILL. WAS THERE ANY OTHER INFRASTRUCTURE OTHER THAN UTILITIES THAT WERE IMPACTED? THE ROAD, THE STORMWATER? MY KNOWLEDGE. ACTUALLY, THERE WAS OIL SPILLS ON ONE OF THE ROADS WHICH HAVE BEEN IDENTIFIED, HAVE BEEN INSPECTED BY THE PUBLIC WORKS IN ENGINEERING INSPECTORS AND WILL BE WILL HAVE MILL AND PAVE TREATMENT TO REPAIR THE ROAD. IT'S NOT SCHEDULED. OKAY, BUT NOTHING CATASTROPHIC. NOT TO MY KNOWLEDGE. NOT. NOT AS FAR AS PUBLIC WORKS. IT WAS OBVIOUSLY CATASTROPHIC, BUT NOT AS FAR AS PUBLIC WORKS IS CONCERNED. OKAY. ANYBODY? ANYTHING ELSE? SEEING NONE. I'LL CALL. THE MEETING ADJOURNED AT 6:52 P.M.. THE AGENDA FOR NEXT. I WANT TO BE CLEAR THAT, YES, AT THIS POINT, THE ONLY REALLY AGENDA QUESTION I HAVE IS TO ANSWER MR. STORY'S QUESTION ABOUT THE BONDS. WE REALLY DON'T HAVE ANYTHING ON THE AGENDA. OKAY, SO DO WE NEED A MOTION TO ADJOURN? YEAH, THERE'S A MOTION TO ADJOURN OR. WELL, ACTUALLY, WHAT WE'RE ASKING IS, ARE WE HAVING A MEETING NEXT MONTH? OH, DOES ANYBODY HAVE ANYTHING PRESSING THEY NEED? I DON'T NEED THAT ANSWERED NEXT MONTH, SO WE'LL PLAN FOR AUGUST. AND MAY I ASK THAT THE MEMBERS OR OR THE CHAIR, PLEASE LET US KNOW WHAT WILL BE ON THE AGENDA IN AUGUST AS SOON AS YOU'RE AWARE. RIGHT. THANK YOU. YEAH. AND WE CAN DETERMINE. LATER DOWN THE ROAD. SO IS THAT GOOD? WE'RE GOOD, WE'RE GOOD. THANK YOU. GENTLEMEN. YEAH. YEAH. I DON'T THINK. I CAN DO THAT. YEAH. OKAY. * This transcript was compiled from uncorrected Closed Captioning.