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HomeMy WebLinkAbout07-13-2020 CC Executive Session^xC Ora Y- HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES SPECIAL MEETING ATTORNEY -CLIENT SESSION MONDAY, JULY 13, 2020 — 5:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Dodd called the public meeting to order at 5:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL Mayor Ed Dodd Vice Mayor Charles Mauti Council Member Damien Gilliams Council Member Jim Hill (via Zoom Technology) Council Member Pamela Parris Staff Present: City Manager Paul Carlisle City Attorney Manny Anon, Jr. City Clerk Jeanette Williams 4. RECESS TO CONVENE ATTORNEY -CLIENT SESSION: In accordance with F.S.286.011(8) a request was made by City Attorney Manny Anon, Jr. at the July 8,2020 regular City Council meeting to hold an Attomey-Client session to discuss the court's ruling, pending litigation, and strategy in regard to the case: A. Pelican Island Audubon Societv.Graham Cox, and Donna Halleran v. Citv of Sebastian. Case No. 19A -142 The session will be held in the City Hall 2n0 floor conference room. ESTIMATED LENGTH OF SESSION: 2 hours NAMES OF PERSONS ATTENDING: Mayor Ed Dodd, Vice Mayor Charles Mauti, Council Member Damien Gilliams, Council Member Jim Hill, Council Member Pamela Parris, City Attorney Manny Anon, Jr., Special Counsel Daniel L. Abbott of Weiss Serota Helfman Cole & Bierman, P.L., City Manager Paul E. Carlisle, and a Certified Court Reporter Mayor Dodd announced the case to be discussed, reviewed who would be in attendance and the estimated length of time. The City Clerk confirmed the meeting notice was advertised on the corkboard in City Hall's lobby, on the websile, and distributed to a standing e-mail list as well as the Council Members. Council then convened to the 2"" floor conference room at 5:03 p.m. Special City Council Meeting July 13, 2020 Page Two 5. REOPENING OF PUBLIC MEETING TO ANNOUNCE TERMINATION OF ATTORNEY - CLIENT SESSION • 6:21 pm Mayor Dodd announced the executive session was completed. 6. Being no further business, Mayor Dodd adjourned the Special City Council Meeting at 6:22 p.m. Approved at the August 26, 2020 Regular City Council Meeting. Mayor Ed Dodd ATTEST.' 4J.tot. Wi iams, M�My Clt erk 121112, SEBASTIAN CITY COUNCIL SEBASTIAN, FLORIDA ATTORNEY -CLIENT CLOSED SESSION IN RE: PELICAN ISLAND AUDUBON SOCIETY, GRAHAM COX, and DONNA HALLERAN v. CITY OF SEBASTIAN CASE NO.: 19AP142 *** SEALED *** JULY 13, 2020 07 p.m. - 6:14 p.m. CITY COUNCIL CHAMBERS 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 IN ATTENDANCE: Ed Dodd, Mayor Charles Mauti, Vice Mayor Damien Gilliams, Council Member Jim Hill, Council Member (By Zoom Video) Pamela Parris, Council Member Manny Anon, Jr., City Attorney Paul E. Carlisle, City Manager Daniel L. Abbott, Esquire, Special Counsel (By Zoom Video) VERO BEACH COURT REPORTERS 772-231-2231 1 SEBASTIAN, FLORIDA: JULY 13, 2020 2 WHEREUPON: 3 THE MAYOR: All right. This is Greg Campbell, if 4 you guys haven't met... I don't if you have or not. He's the 5 court reporter who's going to deal with this. I'm now going 6 to call the executive session to order. Let me took through 7 these notes here. Okay. Now, I have a... I have a procedure 8 I'd like to outline and get your feedback on -- 9 CITY MANAGER CARLISLE: Mayor, can you make sure to that they can hear us. 11 THE MAYOR: Yes. Can you guys hear us, Jim? 12 COUNCIL MEMBER HILL: I can hear you just fine. 13 THE MAYOR: Okay. Sounds good. 14 MR. ABBOTT: I can hear you as well. Thank you. 15 THE MAYOR: Thank you. All right. Before I do 16 this procedure, I think we should go around the room and 17 introduce ourselves. That might help the court reporter a 18 little bit. Let's start with the city manager. 19 CITY MANAGER CARLISLE: Paul Carlisle, 20 C-A-R-L-I-S-L-E. 21 CITY ATTORNEY ANON: Manny Anon, Jr., City 22 Attorney. 23 COUNCIL MEMBER GILLIAMS: Damien Gilliams, council 24 member. 25 VICE MAYOR MAUTI: Charles Mauti, Vice Mayor. VERO BEACH COURT REPORTERS 772-231-2231 d 1 COUNCIL MEMBER PARRIS: Pamela Parris. 2 THE MAYOR: Ed Dodd, Mayor. And, Mr. Hill? 3 COUNCIL MEMBER HILL: Jim Hill, city council. 4 THE MAYOR: And then, Mr. Abbott? 5 MR. ABBOTT: Thank you, sir. My name is Daniel 6 Abbott. I'm the outside counsel for the city. 7 THE MAYOR: Okay. I kind of put together a little 8 procedure; and I'd like to go over it real quick and get a 9 feel from you guys. The attempt here is to make sure that to each person gets an uninterrupted time to input on this. 11 And so the steps that I've kind of laid out on this 12 says that first, the first step would be the city attorney 13 and the outside legal counsel and if need be the city manager 14 will present their understanding of the case, their options, 15 and the option for council procedure. 16 The second step would be that each council member 17 will have the floor to question the attorneys, make points or 18 observations as they wish. During that time, the council 19 member who has the floor will not be interrupted by anyone. 20 It is their time to address the council and make their 21 arguments. 22 It's interesting though to point that we have to 23 stay on topic. We published this meeting as an executive 24 session to discuss direction related to the appellate court 25 decision filed on 6/30 and we can't get off topic and go away VERO BEACH COURT REPORTERS 772-231-2231 4 1 from that decision. That's what we're trying to do here. 2 Basically, we have a yes or no decision to make about: Do we 3 appeal or do we not appeal. 4 All right. I would ask if you can, you keep your 5 comments as brief as possible. Although, I know you may not 6 be able to do. But the reason for that is our goal is to try 7 to get this done in less than two hours. e If the individual who has the floor wants to direct 9 the question to either the attorneys or to another council to member, that's perfectly fine. The person who the question 11 is directed to will then be given the floor to answer that. 12 While they're answering a question then they cannot be 13 interrupted. That gives them an opportunity to answer the 14 question. 15 After each council member has had an opportunity to 16 address the council, if need be, we could have another round 17 of discussions where council members who wish to can ask more 18 questions or provide more input or points. Same rule as 19 No. 2 above, which is: You've got the floor, you're not 20 going to be interrupted unless you get off target and get 21 away from talking what the objective of the meeting is. 22 After we finish those rounds then I will be taking 23 a pool of -- a poll of the members. Like I said, our 24 discussion and our objective here is to provide direction to 25 the council so I'll be taking a poll of the members as to VERO BEACH COURT REPORTERS 772-231-2231 1 2 3 4 s 6 7 6 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 2s whether the members want the attorneys to appeal or not appeal that decision. I'm going to ask if everybody has an issues with that, Im going to ask by voice vote that you agree to this procedure if you are willing to do that so, Council Member Mauti -- or Vice Mayor Mauti? VICE MAYOR MAUTI: I have no problems with that. THE MAYOR: Okay. Council Member Gilliams? COUNCIL MEMBER GILLIAMS: When was this procedure set up? THE MAYOR: I'm sorry? COUNCIL MEMBER GILLIAMS: When was this procedure set up? THE MAYOR: What's it set on? COUNCIL MEMBER GILLIAMS: When was it set up? When did you have that document there? THE MAYOR: I, I wrote this myself today. COUNCIL MEMBER GILLIAMS: Today. THE MAYOR: Yes. COUNCIL MEMBER GILLIAMS: Okay. Procedural matters, I'm going to object to it; and the reason for that is, we didn't have a copy it before the meeting so I'm just going to object to it just for the record. THE MAYOR: So your answer is no? COUNCIL MEMBER GILLIAMS: Correct. THE MAYOR: Council Member Parris? VERO BEACH COURT REPORTERS 772-231-2231 9 1 COUNCIL MEMBER PARRIS: I'd like to proceed (A); 2 but consideration, I have no documents about anything -- 3 THE MAYOR: I'm sorry? 4 COUNCIL MEMBER PARRIS: I have no documents about 5 anything prepared either. Same what Mr. Gilliams said. 6 THE MAYOR: Okay. So your vote is -- 7 COUNCIL MEMBER PARRIS: But I'm, I'm -- yes, (A). 8 let's move on. 9 THE MAYOR: You're, you're in favor or not in to favor? 11 COUNCIL MEMBER PARRIS: Yes. 12 THE MAYOR: Yes. Okay. Council Member Hill? 13 COUNCIL MEMBER HILL: Yes, of course. 14 THE MAYOR: And I'm voting yes on that so by four 15 to one, we've directed this. I'm going to provide this copy 16 of this to the court reporter -- that'll be Item Number 17 "A" -- to go into the minutes of the meetings. And I'm gonna 18 hand it to our city attorney. He can give it to you at the 19 end of the meeting. All right? 20 THE COURT REPORTER: Okay. Yes, sir. 21 COUNCIL MEMBER GILLIAMS: Is that private? Do we 22 get copies of that also? I don't see it. 23 THE MAYOR: I'm sorry? 24 COUNCIL MEMBER GILLIAMS: Procedural, could we get 25 a copy of that? VERO BEACH COURT REPORTERS 772-231-2231 IN 1 THE MAYOR: Nothing that we do in this room can 2 leave the room, that's what I was told. So ultimately, it'll 3 be part of the minutes of the meeting but, like, for example, 4 I've found some maps and I asked the city clerk to get copies 5 of these maps for everybody and then Manny says that -- our 6 city attorney said: No, anything we discuss in this 7 executive session can't leave the room. 8 So we have the maps. I'm going to give them to you 9 and let you look at them while during the discussion but I to have to pick them back up at the end the meeting. I have a 11 copy here that I'm going to provide to the, to the court 12 reporter to make part of the record so that it is part of the 13 record of the meeting. 14 And I was just... I had, I had a question: Where 15 is this five acres basically. And so these maps actually 16 show, that is all, and that's all they do. They don't have 17 any information that hasn't already been readily made is available. 19 CITY ATTORNEY ANON: Mr Mayor? 20 THE MAYOR: Yes, sir. 21 CITY ATTORNEY ANON: Yeah. I just want to be 22 clear. Yeah, we can discuss all this while we're here but my 23 opinion is nothing leaves the room so that, like this, will 24 be, I guess, called "A," I'll give them to the court reporter 25 so he can keep it and becomes a part of our Exhibit 1 to file VERO BEACH COURT REPORTERS 772-231-2231 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 with the clerk. THE MAYOR: And I've marked this set of maps B, C, D. CITY ATTORNEY ANON: Okay. THE MAYOR: So they'll also go to the court reporter. And if we can hand those out to the members if they want to look at them -- COUNCIL MEMBER PARRIS: Yes. THE MAYOR: -- for the purpose of discussion. But we'll have to take those back up at the end of the, at the end of the session. And you may have already seen this stuff. I really don't know. Jim, I don't know if you've seen this stuff or not but I don't have a copy for Council Member Hill to look at so... CITY ATTORNEY ANON: And just to be clear for the court reporter knows you're handing out what, explain to the court reporter -- THE MAYOR: I am, I am handing out to each member except for Council Member Hill who's on Zoom three maps. What these maps do is, Item No. C is a copy of the newspaper advertisement and listing that went out to define the public notice -- public hearing for the comprehensive plan for the land use amendment for the zoning area. Item No. B is a, is a drawing of that area that it's exposed and then identifies on it next to "correct," a VERO BEACH COURT REPORTERS 772-231-2231 0 1 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 five -acre piece of property that was excluded from the original map in "B," which is the basis for the Court ruling. An then, Item No. D is a map that shows the annexed area in its entirety. And that was what was included in the packet that was provided to counsel during the counsel presentations. COUNCIL MEMBER GILLIAMS: How many maps have you got? THE MAYOR: Did you get -- Maybe it's on the back. Did you get -- COUNCIL MEMBER PARRIS: No. We have two. VICE MAYOR MAUTI: Mine is different (Indicating). THE MAYOR: You didn't get "D"? Okay. All right. Well, this... if you want to look at -- that's the same thing that was in our packet when it was, when it was put together for the purposes of the annexation. COUNCIL MEMBER GILLIAMS: Let me look at it. THE MAYOR: (Hands item.) CITY ATTORNEY ANON: So, Mr. Mayor, if I can, just for the purposes of the court reporter, whenever you're discussing any of these things, just refer to the letter and you can describe it again. That way, he knows what we're talking about. THE MAYOR: All right. We can do that. Okay. So now I'm going to turn the floor over to Mr. Anon and let him VERO BEACH COURT REPORTERS 772-231-2231 I PG7 1 begin the presentation from the attorneys. 2 CITY ATTORNEY ANON: Okay. I have a prepared 3 script because I want to make sure that we comply with the 4 law. And so for the record, my name again is Manny Anon, Jr. 5 I'm the city attorney. I'm here with Mr. Daniel Abbott, 6 he's on Zoom. He's the outside litigation counsel with the 7 law firm Weiss, Serota, Helfman, Cole, Bierman. He served as e the litigation counsel for the city on this annexation case. 9 We're here today because I expressed the need for 10 advice concerning the litigation which is currently pending 11 against the city in the Nineteenth Judicial Circuit and in of 12 for Indian River County, Florida under the name of Pelican 13 Island Audubon Society, I'm going to say et al, v. City of 14 Sebastian, Case No. 19A, as is apple, P, papa, 142. is Okay. So specifically, I am need of advice 16 concerning either settlement negotiation and/or word where we 17 go from here in this litigation. As I previously indicated, is this session has appropriately been announced and advertised 19 pursuant to Florida law. This session is being held pursuant 20 to Florida Statute Section 286.011, Subsection 8, which 21 provides an exception to the Sunshine Law by allowing a 22 governmental entity to meet privately with its attorneys to 23 discuss such matters and we will discuss here today. 24 I would remind you that this statutory exemption -- 25 exception is narrowly construed by the courts. We must VERO BEACH COURT REPORTERS 772-231-2231 11 1 confine our discussion to exactly what we're here for which 2 is settlement negotiations, specifically, where do we go from 3 here, any kind of strategy in that sense. Any other 4 discussion could be considered a violation of the Sunshine 5 Law. And there are, in fact, cases holding that discussions 6 in attorney -client sessions were in violation of the Sunshine 7 Law because they went outside of this narrow scope allowed by 8 statute and we do not want that. 9 There can be no formal vote here today or final 10 actions. All formal votes and final action, of course, have 11 to take place in the public. The purpose of the session, as 12 I said, just to discuss settlement negotiations pretty much 13 and where we go from here. We need direction where council 14 wants us to go from here in this lawsuit, to allow 15 discussions among yourselves and with us which can help you 16 make a decision as to which course or direction you want to 17 take in this litigation. 19 The court reporter's, as we just mentioned, notes 19 will be transcribed within a reasonable period after the 20 session. After they are transcribed they will be sealed and 21 filed with the city clerk -- our clerk until the collusion of 22 this litigation including any appeal. The transcript of this 23 session will ultimately be available to the public at the 24 collusion of litigation. I want to make sure that everyone 25 is clear with that so when this case is settled, the VERO BEACH COURT REPORTERS 772-231-2231 12 1 transcript obviously at that point will be released. 2 If any time we find that discussions are tending to 3 go into matter outside of the statutory exception, please, 4 don't think I'm being rude or being offensive with you if I 5 interrupt you. I just simply want to really try to protect 6 the integrity of the proceedings and make sure we don't have 7 any allegations of a Sunshine violation. 8 With your permission, Mr. Mayor, at this point I'd 9 like to defer to Counsel Daniel Abbott for his legal 10 presentation on this case. 11 THE MAYOR: That's fine. Mr. Abbott. 12 MR. ABBOTT: Thank you, Mr. Mayor, and thank you, 13 Manny. And I can be brief in my way of recapping because 14 it's obvious to me that, that everybody in the room really 1s knows what happened so far. 16 But by way of brief recap, the City of Sebastian 17 underwent a voluntary annexation procedure for some currently 18 unincorporated county land and passed an ordinance accepting 19 that voluntary annexation. That annexation was challenged by 20 an entity called the Pelican Island Audubon Society and two 21 of its constituent members that made a number of arguments 22 that the annexation was improper and should be undone. 23 The... those challenges get heard by a three -judge circuit 24 court panel and that circuit court panel really rejected all 25 of the arguments against the annexation except for one and VERO BEACH COURT REPORTERS 772-231-2231 1 while that might sound like good news that is, in fact, not 2 good news because it only takes one defect to invalidate an 3 annexation and that's what the panel found. 4 In particular, the panel found while the statute 5 requires the city to post a map of the proposed annexed areas 6 in advance of the ordinance accepting the annexation that the 7 map that the city advertised was inaccurate. And in 8 particular, it didn't include an approximate five -acre parcel 9 that was proposed per annexation but was not included in the 10 map and for that reason the panel rejected the annexation. 11 I know that's a brief recap. I would be happy to 12 go into further detail if you'd like but that's really what 13 has brought us here today. I think that the reason the city 14 attorney has asked for this executive session is: We desire 15 direction in terms of what to do next. What can the city do? 16 Well, it really boils down to a binary choice: You 17 can either accept the decision of the circuit court panel 18 which did not allow the annexation and not proceed with any 19 further challenges or you can proceed with further 20 challenges. lust to deal with those in detail, you can, if 21 you so desire, simply accept the decision of the circuit 22 court panel. What that would mean is that the subject land 23 would not be annexed into the City of Sebastian. It would 24 remain unincorporated land and then you could decide what to 25 do next. VERO BEACH COURT REPORTERS 772-231-2231 13 F[! 1 What next might include simply giving up, deciding 2 not to voluntarily annex the land, or it might include 3 deciding to voluntary annex the land again. By which, I 4 mean, there's nothing in this decision that would preclude 5 the city from going through the process again and assuming 6 that the landowners still desires to voluntarily annex into 7 the City of Sebastian, he would similarly go through the 8 procedure that you did before, which is: Pass an ordinance 9 on two readings with public hearing and this time presumably to with an accurate map to be advertised. 11 So that's what would happen if you decide to not 12 further challenge the decision. The property would not be 13 annexed into the city. And then, you would consider in your 14 next step whether you simply wanted to give up for the is proposition or whether you wanted to, with the property 16 owners' cooperation, undergo the process and annex the 17 property again. 18 Your second option would be to challenge the 19 panel's decision. You can do that in a couple of ways. The 20 first is called a petition for rehearing. That's a procedure 21 that our appellate courts allow and allow what we're dealing 22 with here is technically called a petition for writ of 23 certiorari. They're generally governed by appellate rules 24 and you wouldn't be far wrong if you called these appeals. 25 In any event, there's a procedure that you can ask VERO BEACH COURT REPORTERS 772-231-2231 N& 1 the same three -judge panel to rehear and reconsider what they 2 have already decided. What you would argue is that the Court 3 overlooked an important area of the law and you would ask 4 them to change their decision. And if they change their 5 decision, the property would be annexed into the city. If 6 they didn't change their decision on rehearing, you would be 7 in a position to appeal that decision. In fact -- forgive 8 me, my voice is cracking -- you, you could even do that now 9 without petition for rehearing. 10 And when I say appeal again, what I technically 11 mean is a petition for second -tier writ of certiorari. But 12 what it would mean is, you would challenge the decision of 13 the circuit court before your appellate circuit court. 14 You're in the Fourth District Court of Appeal so is you would file a petition for second -tier certiorari review 16 before the Fourth Circuit Court of Appeals and urge to that 17 court that the lower court panel that erred and urge them to 18 reverse and to allow the annexation. 19 So that's generally what we're here for now and 20 generally the direction that we're seeking from the, from the 21 council in terms of what we do next. And I'd be happy to 22 answer any questions that the council may have. 23 THE MAYOR: Do you have any follow up that you want 24 to add? 25 CITY MANAGER CARLISLE: No. I think they've VERO BEACH COURT REPORTERS 772-231-2231 1 2 3 4 s 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2s covered it. As questions arise, we may have other things we need to discuss. THE MAYOR: All right. Let's, let's start with the members. Vice Mayor Mauti, I'll start with you. VICE MAYOR MAUTI: I'm just wondering, as we discuss this appeal how far back can we go on discussion on this process? THE MAYOR: Okay. What do you mean by, "how far back"? VICE MAYOR MAUTI: Well, from the time the annexation was presented to the present or we just discussing the appeal? THE MAYOR: I, I think our decision process is pertaining to the -- VICE MAYOR MAUTI: Just the appeal? THE MAYOR: -- the appeal, yes: Do we or do we not appeal the decision that was made by the three -panel judges. VICE MAYOR MAUTI: All right. CITY ATTORNEY ANON: You can ask -- THE MAYOR: Now, if you can ask specific questions. CITY ATTORNEY ANON: You can ask Mr. Abbott any questions you want if you're confused about something. But we're here for just that -- VICE MAYOR MAUTI: Oh, if it's just the appeal then I'm going to forego any questions at this time and let the VERO BEACH COURT REPORTERS 772-231-2231 16 1 other members speak. I do have a lot of questions on 2 procedure, but I'm going to let that go for the time being if 3 that, if that is not applicable to the appeal. 4 THE MAYOR: Okay. You talking about the procedure s 6 7 8 9 10 11 12 13 14 16 16 17 18 19 20 21 22 23 24 2s for the... VICE MAYOR MAUTI: What led up to this. THE MAYOR: Okay. What led up to us getting to court? VICE MAYOR MAUTI: Up to this point, right. THE MAYOR: Okay. What lead us up to getting to court. All right. Council Member Gilliams. COUNCIL MEMBER GILLIAMS: I'm going to try to convince a third vote in this room. Again, I'm going to make every effort to make a reasonable presentation that makes sense so that we all understand where we were at and where we're heading. As you all recall, we had a meeting about this annexation and we were told at that last meeting that we can amend the petition and it was incorrect and we could not amend it, okay. I mean, the response. I remember Charles asking, you know, Can I... Can we come back and fix this. And I told you, no. And to this date it was no. I was correct. We could -- I wanted to hold back on that response because I knew this was coming. I saw it coming. I see that there was not due process followed. VERO BEACH COURT REPORTERS 772-231-2231 17 18 1 Maybe Mr. Abbott explained that they got maybe 2 three out of the four but that one, that one item is our 3 opportunity to do what we were elected to do and this is 4 costing the taxpayers of this community thousands and 5 thousands of dollars which it should not have because it was 6 poor oversight on the whole tran... transaction and, and the 7 hearings. If it was done properly, we wouldn't be in this 8 predicament. But God is on our side because this was meant 9 to be for some reason, for us, the three elected people for to the people, to slow annexation down. 11 Now, I'm not against annexation. Don't under 12 estimate what I'm saying here. I would like to see 13 annexation but I want to see it done properly. I want to see 14 it done with due process where everybody gets to speak, not is three minutes, but the five minutes that was advertised, that 16 was advertised under the "procedurals" for those hearings and 17 it was changed at the last minute. 18 We... I was elected to make sure that, that this 19 thing gets stopped in its tracks and gets reheard properly 20 through all the right organizations of this community. And 21 we now have an opportunity with this one item, whether it's a 22 technical item, the five acres or not, it's a message that we 23 have an opportunity to legally stop this in its tracks and 24 rehear it. 25 And, and I understand that, you know, we can change VERO BEACH COURT REPORTERS 772-231-2231 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 19 our mind and our opinions, okay, over time. But I was elected to, to get this done. This was one of my priorities as an elected officially. I ran nine years and the loth year I got elected because I believe in this community and the environment of this community and this is my opportunity to slow it down and do what the people asks us to do and it's the majority. Three of the counsel members were removed from office and three new people were put in for a reason. CITY ATTORNEY ANON: Again, council member, again, I said with all respect I have to interrupt. Just, just I ask you to, please, stick to our agenda: The negotiation and whether or not we want -- COUNCIL MEMBER GILLIAMS: Well, we're going to get to settlement negotiations -- CITY ATTORNEY ANON: No -- COUNCIL MEMBER GILLIAMS: -- that's in your paperwork here. CITY ATTORNEY ANON: I, I just think that you're drifting a little bit on -- COUNCIL MEMBER GILLIAMS: Okay. CITY ATTORNEY ANON: -- and I've let it go. And I let it go -- COUNCIL MEMBER GILLIAMS: I want to remind why we're here, why we're here, and this is our opportunity to do that. So the last executive session, like I said, they VERO BEACH COURT REPORTERS 772-231-2231 1 2 3 4 s 6 7 8 9 10 11 12 13 14 1s 16 17 16 19 20 21 22 23 24 2s said... they told us that you can amend. Well, they were wrong. We could not amend and here we are. And I want to remind you of that because we had a big shindig the last meeting we had here and we argued over that, okay, 70- to $80,000 in taxpayers' fees to attorney fees. THE MAYOR: I am going to ask you: Stay on topic. All of that stuff we've, we've heard so we're talking about -- COUNCIL MEMBER GILLIAMS: You said I'm not going to get interrupted. I'm almost done. THE MAYOR: All right. Go ahead. COUNCIL MEMBER GILLIAMS: I've got two, three more points I want to make. And I want, I want to bring this whole circle around -- THE MAYOR: Go ahead. COUNCIL MEMBER GILLIAMS: -- so that everybody's memory is reminded what transpired at that last meeting. I'm looking to -- Listen, I'm looking to redo the annexation agreement. This is my opportunity to do it. And this is, the city the... we had an opportunity with staff to sit down and redo that annexation agreement so it's fair to everybody in the town. I'm not about stopping annexation. So, so that annexation agreement can be redone. If we go ahead and file an appeal it's going to be tied up for another -- and, Mr. Abbott, you may be able to answer this one -- four to six VERO BEACH COURT REPORTERS 772-231-2231 pill 1 months? PAN 2 CITY ATTORNEY ANON: Well, not necessarily, 3 councilmen, and here's why -- Again, because we've been 4 calling this an appeal but really it's a petition for writ of 5 certiorari. And what the first step would be if we were to, 6 if we were to apply for second -level certiorari is a single 7 judge would look at that petition and decide whether or not 8 it facially contains a claim for relief and if it does they 9 would tell our opponents, they would tell the Audubon Society to to file a brief in opposition. But it's possible they could 11 look at a brief -- at the initial brief and simply affirm the 12 lower court's ruling so you might very well be right, sir. 13 I, I just can't promise that that would be the scope of the 14 time delay. 15 COUNCIL MEMBER GILLIAMS: So, so here's the other 16 thing: Don't think for a second that if you direct staff and 17 our attorneys to appeal this you're going to get another bite la at the apple. Because if they overturn this lower court to 19 the Fourth DCA, we lost our chance to renegotiate on that 20 annexation agreement. If we shut it down right now, we have 21 an opportunity to renegotiate the annexation agreement. We 22 tell the staff, we tell the attorneys, no more, we've spent 23 enough taxpayers' money. 24 The majority of the people do not want this and, 25 and so this is the chance. You don't get another chance VERO BEACH COURT REPORTERS 772-231-2231 22 1 after this because it could get overturned and if you think 2 you're going to be able to change and go back to the 3 negotiating table with the developer and say, Well, I'd like 4 to see this, like to see that, the ball will be in his court. 5 And don't let him use fear, I'm going to go to Fellsmere, 6 because everybody wants a Sebastian address. Developers pay 7 money for a Sebastian address. Don't let fear get in the way 8 of your decision making. 9 So thank you, Mr. Attorney. So, please, let's not 10 lose sight. My gut feeling is that I don't think the 11 developer's going to go to Fellsmere. Nothing is guaranteed 12 but I don't think -- the city manager did not hear anything 13 to point to the newspaper article. And I know that's a 14 concern for some because it was mentioned at the council 15 meeting, the last meeting we had. 16 So, please, let's, let's, let's have a chance to 17 correct the annexation agreement with the land development is amendment, the zoning. And there are things that we need to 19 put in there in that agreement that we will not get a chance 20 to put in there if we don't stop it right now. 21 So I, I know this decision is going to be based on 22 one person and that's Charles. And I understand that because 23 he made it very clear. And he's got a lot, he's got a lot of 24 weight on his shoulders. He's got to make a decision that 25 what he, he promised he was going to do when he ran for VERO BEACH COURT REPORTERS 772-231-2231 23 1 office or he can change his mind and he's entitled to do 2 that. I think that, I think he was misled at the last 3 executive meeting we had here. And I think he should learn 4 from that. s And we have -- they can -- we can all have a bite 6 at the apple but if this goes through and they win, we won't 7 get another bite at the apple, that, Graves Brothers win, the s annexation goes through, and we failed to keep our political 9 campaign promise. And I'm gonna leave it at that. I want to to reserve some time at the end. Thank you. 11 THE MAYOR: Vice Mayor Mauti, the, the leeway we 12 gave him may mean that you have some questions that you could 13 have in the second round because -- 14 VICE MAYOR MAUTI: I understand that. is THE MAYOR: Okay. I just want to make sure you 16 understood because we gave him leeway enough that you might 17 be able to go back and ask the stuff that you were talking is about asking, okay. Council Member Hill. 19 COUNCIL MEMBER HILL: Yes. Thank you, sir. I'll, 20 I'll start by just saying that because you promised to do the 21 wrong thing doesn't mean that you should still do the wrong 22 thing so I'll just leave it at that. 23 I have a question for Mr. Abbott: Is there case 24 law in place that would give us reason to appeal this; and 25 what would the basis of the appeal be if there is, in fact, a VERO BEACH COURT REPORTERS 772-231-2231 24 1 mistake on the map, is that... is that going to be a 2 frivolous appeal? You know what I'm saying? So is there, is 3 there a precedent that is out there that would tell us that 4 this could be overturned? 5 MR. ABBOTT: Well, I would say there's no on -point 6 precedent for these exact facts. I'll tell you, in essence, 7 what we argued below with regard to this issue which would 8 contain many of the arguments we would make on appeal. 9 We argued that the mistake in the map was to de minimis because the number of acres that would be annexed 11 is vastly in excess of five acres and so to suggest there's a 12 relatively small omission in the eyes of the law, we argued, 13 should be overlooked especially in light of the other 14 statutory requirements that the city abided by, which was: 15 Having an accurate map attached to the ordinance and 16 expressly including within the advertisement notice to your 17 citizens that the actual map is available in your clerk's 18 office. So our argument was that under those circumstances, 19 the relatively small error in the map should be overlooked. 20 Is that a frivolous argument? I would say that's 21 not a frivolous argument, otherwise, I would not have made 22 it, below the merits of that position are as meritorious for 23 the appellate court as it was for the circuit court. 24 COUNCIL MEMBER HILL: Okay. So, so if we were to 25 send this back to the three that have already ruled that it VERO BEACH COURT REPORTERS 772-231-2231 2s 1 was in error that should stop this annexation, if we were to 2 do that what are the chances? I mean, they've already heard 3 your argument on it. Is there any different argument that 4 you could possibly use that could sway their mind? 5 MR. ABBOTT: Well, candidly, councilmen, you, you 6 make a good point. I mean, sometimes when you ask for a 7 rehearing you get a bigger panel of judges to look at it. In e this case, we would be asking the exact same three judges to 9 revisit an issue that they seem to have considered, at least, to because their opinion discusses it and to suggest that they 11 overlooked something. What are the odds that they're going 12 to change their mind? You know, your knowledge of human 13 nature is as good as mine. I think probably an uphill battle 14 part of the rehearing motion. 15 COUNCIL MEMBER HILL: So the rehearing motion 16 would... so would it make... now I'm, I'm just talking about, 17 you know, the sensibility of this. Is it just procedural to 18 go to bat? Is it, is it... would we do that simply because 19 that's the next step knowing that we'll probably lose that 20 and then go to an appellate court or why wouldn't we just go 21 straight to the appellate court? 22 MR. ABBOTT: That's another good, good question, 23 sir, and the answer is: You don't need to move for rehearing 24 to preserve your jurisdiction. So we are not obligated to go 25 back to the same three -judge panel to ask them to change VERO BEACH COURT REPORTERS 772-231-2231 Pro I their mind. 2 If you would prefer going directly to the appellate 3 court, we are certainly entitled to that. In fact, you're 4 not really supposed to make... you're not supposed to move 5 for rehearing just to try to change judges' minds. There are 6 criteria for motions for rehearing and they're, generally, 7 that you think that the panel overlooked some fact or some 8 area of law. 9 So an argument could be made really that the 10 second -level petition for certiorari is the more appropriate 11 recourse than the motion for rehearing. So if you wanted to 12 forego that, that certainly would be within, within your 13 rights. 14 COUNCIL MEMBER HILL: Yeah. I just, just for the is council members, if we did want to go ahead and pursue this, 16 which I certainly favor and I'll get into that in a minute, 17 but it seems to me that going back to the same three people 18 and, and providing the exact same argument would... wouldn't 19 make a lot of sense. That may cost us more money. 20 COUNCIL MEMBER PARRIS: Uh-huh. 21 MR. ABBOTT: I, I can't disagree with you, 22 councilmen. I, I think you make good points. 23 COUNCIL MEMBER HILL: Okay. Thank you very much. 24 I would just say that, you know, it's, it's funny to hear, 25 you know, I, you know, I'm in favor of the annexation but we VERO BEACH COURT REPORTERS 772-231-2231 27 1 need to stop it here because we, we've got elected to stay 2 it -- we got elected to stop it. That's kind of, you know, 3 weaving yourselves through some insanity. Because the fact 4 of the matter is, if you have information in front of you 5 that, that, that makes you realize that the annexation is a 6 sensible thing for the citizens of Sebastian then, then 7 you're supposed to do what's best for Sebastian. 8 And I'll tell you this, the developer was clear 9 and, and all you have to do is go to Vero Beach and see what to the county has done to the City of Vero Beach with its 11 developments surrounding it: Development after development 12 after development, gated community after gated community. Go 13 up 58th Avenue, go up 66th, you see it over and over again. 14 That's the type of development the county has favored for 15 years and years. 16 And, you know, it's really... you've got a small 17 city of Vero Beach with 17,000 people with about 50,000-plus 18 people surrounding them basically directly on their borders. 19 The fact of the matter is, we can neither pursue the annex -- 20 the voluntary annexation for this property and control the 21 growth and development that occurs on the property, the 22 citizens can control that, the citizens of Sebastian can 23 decide what goes in place on that property. They can be the 24 ones that are in charge of the development. 25 This annexation doesn't have anything about the VERO BEACH COURT REPORTERS 772-231-2231 lE 1 plans in it. The citizens can be in charge of it or they can 2 read about what happens to it in the damn paper. That's the 3 facts. It will develop. It's, that road is getting six 4 laned in some areas. Whether you... if you... if you're 5 angry about the, the, the fact that there was three minutes 6 given versus five or whatever it may be, you know, you know, 7 you're, you're welcome to be angry and upset about that. But 8 the fact is, the citizens of Sebastian deserve the right to 9 control growth and development surrounding our city's. 10 The City of Fellsmere has already annexed east... 11 considerably east of 95. And I guarantee, they got a... 12 they'll take as much land as they can. There's going to be 13 150,000-plus people 10 miles north of us, 10 miles north of 14 us in a new city that they're going to have up there and it's 15 not going to take that long to develop. The area is pretty 16 crazy, right? If you ever go through Viera, that's probably 17 going to be what we have 10 miles north of us. 18 Those people are going to be coming into our city. 19 But the ones that are going to be develop -- that, that are 20 going to be directly contiguous to us, we have an opportunity 21 and a responsibility to the citizens of Sebastian to allow 22 them to determine what goes on that property; to allow them 23 to determine how it's developed so that we don't wake up one 24 day and read that the county has allowed seven, eight, nine 25 gated communities to go on that property with no additional VERO BEACH COURT REPORTERS 772-231-2231 WE 1 infrastructure, with very little commercial, with zero 2 industrial and we have zero say in it. 3 It's, if you're against the annexation that's, 4 that's fine but the citizens deserve the right to control 5 what happens on that property and that's the bottom line. 6 Thank you, sir. 7 THE MAYOR: All right. Council Member Parris. B COUNCIL MEMBER PARRIS: Well, most of the points 9 that were concerned to me have already been addressed. to Bringing it -- it doesn't make sense to challenge a panel 11 who's already seen this, and obviously those three judges 12 will probably be there, and to direct it to an appellate 13 court is costly and time consuming. 14 Bottom line, Mr. Hill's right. I mean, I believe 15 that it would be ridiculous not to accept land. But I'm a 16 little confused as to the process, as to the guarantee that 17 the citizens will have control because of past experience. la And I know that might be off the subject but that's 19 completely where my decision lies. 20 THE MAYOR: Okay. Let me see if I can understand, 21 understand your, your concern. Your concern that, assuming 22 it's annexed through the next process, that the citizens will 23 lose control over what's done with it? 24 COUNCIL MEMBER PARRIS: I'd like to see, you know, 25 an FLU Plan and everything ahead of time and I didn't think VERO BEACH COURT REPORTERS 772-231-2231 1 2 3 4 s 6 7 s 9 10 11 12 13 14 is 16 17 16 19 20 21 22 23 24 2s that's procedure so... THE MAYOR: Okay. COUNCIL MEMBER PARRIS: What's the guarantee if we accept this annexation that won't be done; in other words, maybe flip it on the other side. THE MAYOR: Okay. COUNCIL MEMBER PARRIS: And I'll rest there. THE MAYOR: Is that... do you want, do you want somebody to try and answer that now or... COUNCIL MEMBER PARRIS: Yeah. Actually, if it can be answered now: To rewrite the annexation contract prior to acceptance, is that out of order? is that a possibility? is that done? THE MAYOR: Well, let me, let me kind of explain. And this is something -- Let me explain the process that has to go through. And this is something that's been very confusing to a lot of people. I've read more stuff on social media about people who think they know the process but don't and they confuse the devil out of it. That piece of property is being brought -- assuming it's annexed, that's all it is, it's annexed. COUNCIL MEMBER PARRIS: Uh-huh. THE MAYOR: The Future Land Use Map is a, is a comprehensive plan function. COUNCIL MEMBER PARRIS: I know that. VERO BEACH COURT REPORTERS 772-231-2231 30 Rill 1 THE MAYOR: All that we're saying in the Future 2 Land Use map is that within the, within the confines of the 3 Comprehensive Plan that the city may do these things with 4 that property, doesn't say they're going to, it says they may s because that's not zoning, okay. It's being brought in the 6 city as a planned unit development, PUD. 7 COUNCIL MEMBER PARRIS: Uh-huh. 8 THE MAYOR: Now, the process that the PUD goes 9 through is... the first step in a PUD development would be a to preliminary plat or preliminary map. That preliminary plat 11 then gets into a little bit more detail about what they're 12 going to do with each component of the property: Whether 13 it's going to be phased development and so forth. 14 COUNCIL MEMBER PARRIS: Uh-huh. is THE MAYOR: The preliminary plat does not even 16 guarantee zoning. All they're doing with preliminary plat is 17 asking for zoning potentially be done based around their, 18 their, their protections. 19 COUNCIL MEMBER PARRIS: Asking whom? 20 THE MAYOR: So, for example, let's take the 82nd 21 Avenue Corridor. In the Future Land Use Map it's being 22 designated as commercial general. 23 COUNCIL MEMBER PARRIS: Uh-huh. 24 THE MAYOR: Commercial general in our zoning 25 requirements has everything from RM8... VERO BEACH COURT REPORTERS 772-231-2231 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COUNCIL MEMBER PARRIS: Uh-huh. THE MAYOR: ... to full commercial use. So we could negotiate with the property as, as part of the preliminary plat or the more detailed site plans, we could negotiate, for example, that area being converted into workforce housing -- COUNCIL MEMBER PARRIS: Negotiate with whom? THE MAYOR: Excuse me? CITY ATTORNEY ANON: Mr. Mayor -- COUNCIL MEMBER GILLIAMS: Negotiate with whom? THE MAYOR: We're going to negotiate with the developer. CITY ATTORNEY ANON: Mr. Mayor. Mr. Mayor -- COUNCIL MEMBER PARRIS: That's the problem -- VICE MAYOR MAUTI: We're getting off track. COUNCIL MEMBER PARRIS: -- yeah, negotiate with the developer. CITY ATTORNEY ANON: -- the attorney, let's get back on track. THE MAYOR: Well, but she had a question about the process. Is that unreasonable to ask that? CITY ATTORNEY ANON: I understand that, sir -- COUNCIL MEMBER PARRIS: No, you just said it: Negotiate with the developer. Okay. I understand now. Thank you. VERO BEACH COURT REPORTERS 772-231-2231 32 4 5 6 7 8 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 CITY ATTORNEY ANON: I think we need to get back on track. We're way off track. I let it go a little bit, like, I've let everyone else go but let's just get back on track. THE MAYOR: I was, I was just trying to make sure she understood the process. CITY ATTORNEY ANON: I understand that -- COUNCIL MEMBER PARRIS: Thank you. Thank you. THE MAYOR: Okay. That's, so that's, that's what the process would be. COUNCIL MEMBER GILLIAMS: There was a two ordinances then like that that were passed: One was the annexation and the first reading on the land development... the, the land use so that is laid out. That's not going to get decided later on. It's already laid out so don't confuse that. THE MAYOR: Okay. Let me, let me address that. COUNCIL MEMBER GILLIAMS: That's already laid out. THE MAYOR: Okay. You, you'll have a chance in a minute. COUNCIL MEMBER GILLIAMS: Okay. You failed to say that. THE MAYOR: Okay. Have you got more that you want to... COUNCIL MEMBER PARRIS: No. But I, I just wanted that answer. VERO BEACH COURT REPORTERS 772-231-2231 33 34 1 THE MAYOR: All right. It's my turn. So... and 2 then, we'll go around the table if we need to again. 3 COUNCIL MEMBER PARRIS: Okay. 4 THE MAYOR: First of all, the annexation of this 5 property is purely to gain control over it, 100 percent gain 6 control. Once it is annexed then it is controlled by the 7 city. There are mechanisms within our land development code 8 and with our development process by which we can, we can 9 negotiate specifics of what's done with that property and we to can negotiate with the developer on how it's developed and 11 the way it's developed. I'm, I'm not uncomfortable with that 12 at all. 13 I mean, I will tell you that, that I can name 14 subdivisions all over this town that went through this same 15 exact thing: San Sebastian Springs, Collier Creek Estates. 16 I mean, there are subdivisions all over this town that went 17 through this same exact thing. 18 COUNCIL MEMBER PARRIS: I know. That's the 19 problem. 20 THE MAYOR: And so the minute you start talking 21 about adding a subdivision or adding a developed area to the 22 city, it goes through the same thing. And the people that 23 work in this city that have dealt that have not done a bad 24 job. You know, the city is not Helter Skelter. I think as 25 Council Member Hill mentioned, you can look down at 58th VERO BEACH COURT REPORTERS 772-231-2231 19M 1 Avenue and 66th Avenue and go down to 4th Street and you see 2 all those gated communities they built down there. 3 The interesting theory about those gated 4 communities is that they're not... they weren't in the urban 5 service area until they built them. They moved them in the 6 urban service area so they could be built. Okay. So you 7 have to think about all this stuff when you start thinking 8 about what, what the objections about this that are going 9 through. If we don't annex it, we don't have control. to I'm going to tell you right now that Fellsmere owns 11 land that abuts the county property, that abuts Mr. Graves... 12 abuts the Graves Corporation property. So there is 13 absolutely no reason for us to think that Fellsmere isn't 14 going to put a hard press on this. They would, they would 15 love to get that property in their, in their mix. They 16 would, they would love to get it in their mix. 17 So I'm, I'm... my personal opinion is, if you want 18 to know the truth, that if we don't go through with this 19 annexation that property's not going to be in the control of 20 Sebastian. That's just my personal opinion. I know it's not 21 your opinion, but it's mine. And so I think that the worse 22 thing that we can do for the citizens of this city is not to 23 annex it. 24 We have a lot of work to do once it's annexed. We 25 have a lot of workshops. We've a lot of stuff we have to do VERO BEACH COURT REPORTERS 772-231-2231 1 2 3 4 s 6 7 e 9 10 11 12 13 14 is 16 17 is 19 20 21 22 23 24 2s to get through the process. We have a lot of public hearings that have to take place. This isn't, this isn't all automatic. This developer doesn't get to go away and come back some day with a million houses built over there. There's a lot of stuff that has to be done to make it work. So I think that we would be making a major mistake to not annex it. Vice Mayor Mauti. CITY ATTORNEY ANON: What is your position then, sir? THE MAYOR: I'm sorry? CITY ATTORNEY ANON: What's your position? THE MAYOR: Oh, my, my position is that we should appeal the annexation. That's my position. CITY MANAGER CARLISLE: Mayor, can I ask a question of the attorney? THE MAYOR: But I don't think that we should do the... I don't think we should go back to the three appellate judges who made this decision. I think that would be a waste of our time. CITY ATTORNEY ANON: So, so your position is not the rehearing -- THE MAYOR: Not the rehearing but to appeal. CITY ATTORNEY ANON: To the Fourth DCA? THE MAYOR: Yes. CITY ATTORNEY ANON: Got it. VERO BEACH COURT REPORTERS 772-231-2231 36 1 2 3 4 s 6 7 e 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 2s CITY MANAGER CARLISLE: May I ask Mr. Abbott a question? THE MAYOR: Yeah. CITY MANAGER CARLISLE: Mr. Abbott, can I ask you a question? Can you hear me? MR. ABBOTT: I can and I'd be happy to answer a question, yes, sir. CITY MANAGER CARLISLE: So it's Paul Carlisle, the city manager. When I read the statute on this, that, she overturned the five acres, correct me if I'm wrong, my opinion -- it's not a legal attorney, I'm not an attorney -- is the statute says that you shall put an advertising in the paper that describes the general location of the property and that the metes and bounds will be available for review at the city clerk's office. Could it be by the way that statute's written be construed they may have overstretched that, that the "shall" into generally description? Is that an argument because I don't know that that's not something that's been said. MR. ABBOTT: Thank you, Mr. Manager. And I have the statute in, in front of me and it does contain the language that you indicated but it does have some more language. It's, it's two sentences, I'll just go ahead and read it, it says: (Reading) The notice... VERO BEACH COURT REPORTERS 772-231-2231 37 38 1 And it's talking about the notice that we post in 2 the newspaper. 3 (Reading) The notice shall give the ordinance 4 number and a brief, general description of the area 5 proposed to be annexed. The description shall include 6 a map clearly showing the area and the statement that 7 the complete legal description by metes and bounds in 8 the ordinance can be obtained from the office of the 9 city clerk. to So the statute does contain language, it says: 11 (Reading) The description shall include a map clearly 12 showing the area. And that's really the language that the 13 panel seems to have focused on. 14 CITY MANAGER CARLISLE: Thank you. 15 THE MAYOR: And that's, that's Item No. C which is 16 the... this particular map (Indicating) and this shows what 17 that little four or five acres that was left off that map and 18 that was the point in which the judges overruled -- or judge 19 overturned that. And so I'm done for right now. 20 Counselor -- Vice Mayor Mauti. 21 VICE MAYOR MAUTI: As I said, I'm concerned as how 22 we got to this point. I'm concerned with the future where 23 we're going, which scares the hell out of me right now which 24 is why a new comprehensive plan is being written. From 25 everything I've seen, I'm not satisfied with it. It's more, VERO BEACH COURT REPORTERS 772-231-2231 39 1 like, a map for developers and engineers to make a lot of 2 money off this town. That's just my opinion. 3 I want the town protected. Annexation's going to 4 happen, no matter what. Whether we annex this now or we were s able to negotiate is a tough question. I, since I've been on 6 council, have tried to find a way to negotiate this 7 annexation with the developer, with the city before we got to 8 this point. It's a difficult decision. We're looking at the 9 future of Sebastian. But I don't want to leave it in the 10 hands of a consultant, a director of planning where I'm 11 questioning what this new comprehensive plan is going to be. 12 It bothers me very much. If there was some way we could 13 negotiate with Graves Brothers at this point in time, I would 14 be all for that. But it appears that we're down to a single is vote tonight. Am I correct or am I incorrect? 16 THE MAYOR: I don't know what we're doing to do. 17 We're going to vote -- I'm not going to, I'm not going to be 18 pretentious to say that I know how anybody's going to vote. 19 VICE MAYOR MAUTI: No, I didn't say how anybody's 20 going to vote. I said we're down to the final vote 21 tonight -- 22 THE MAYOR: What, what -- No. No. What we're 23 voting for tonight is not whether we annex that property. 24 What we're voting for tonight is whether we appeal this 25 decision. And what's going to happen is if we vote to appeal VERO BEACH COURT REPORTERS 772-231-2231 40 1 the decision, at some point in time in the future we're going 2 to have to make a decision and we're going to have a 3 presentation by our city attorney about what that is because 4 we don't know what the appeal's going to do. I wouldn't 5 want -- and I don't know that you can get an attorney to tell 6 you he can guarantee you're going to win your appeal or 7 whatever. But all we're deciding right now is: Do we appeal 8 the decision by that three -judge panel. That's all we're 9 deciding. 10 They decided based on a map, not based on any of 11 the other stuff if you read that whole case that was 12 presented -- 13 VICE MAYOR MAUTI: Which I have. Which I have. 14 THE MAYOR: -- based on none of the other things 15 that were in there, based -- not based on our three -minute 16 limit, not based on the procedures of our process, not based 17 on whether it was quasi-judicial or legislative, not based on 18 any of those things. Those things were all okay. Contrary 19 to what a lot of people believe, those things were all okay. 20 The council has the right to do that. What they decided was 21 based on the fact that a five -acre... that a drawing was 22 produced and placed in the paper that had two lines in the 23 wrong place -- 24 VICE MAYOR MAUTI: That's incorrect. 25 THE MAYOR: -- and it constituted five acres of VERO BEACH COURT REPORTERS 772-231-2231 41 1 property that was not indicated on that map. 2 VICE MAYOR MAUTI: Appellate. 3 THE MAYOR: That's their -- that's what they 4 overturned this on. That's what they ruled this on. So all 5 we're deciding tonight is: Do we appeal that decision. 6 That's our decision tonight. We're not deciding yea or nay 7 because at some point in time if we lose it again then Manny 8 is going to be coming back to us saying: This is what the 9 impact that appeal is; what do you want me to do; do you want 10 me to try to negotiate; what do you want me to do. Or he's 11 going to come back and he's going to say, you know, whatever. 12 I mean, that's... but the only thing tonight is: 13 Do we appeal or not appeal. That's the decision tonight: Do 14 we appeal or not appeal. That doesn't mean the annexation is will go through because we don't know what's going to happen 16 when the appeal is heard. 17 VICE MAYOR MAUTI: We don't know if the appeal will 18 be approved or not approved. 19 THE MAYOR: Correct. That's right. So that's our 20 decision tonight: Do we appeal or not appeal. 21 COUNCIL MEMBER GILLIAMS: Mr. Mayor, you get a 22 chance to interact with everybody and we're supposed to go 23 around, right? 24 THE MAYOR: Yeah, we're going to go around. He's 25 not said he's finished yet. VERO BEACH COURT REPORTERS 772-231-2231 1 2 3 4 s 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COUNCIL MEMBER GILLIAMS: But you're interacting with everybody here. You're getting more speaking time than everybody and it should be equal. THE MAYOR: Okay. I'm, I'm going, I am going to claim that right. COUNCIL MEMBER GILLIAMS: Okay. THE MAYOR: Thank you. If you would... you know, do you have anything else you'd like to -- VICE MAYOR MAUTI: Not at this time. Go ahead. THE MAYOR: Okay. He asked me a question, remember, with the procedure we agreed to? COUNCIL MEMBER GILLIAMS: We've got the professional here. THE MAYOR: The procedure, the procedure we agreed to was when a question is asked you can answer it. So now it's your turn to go again. COUNCIL MEMBER GILLIAMS: Mr. Mayor, first of all, if you read the annexation agreement there's only on it... they put a stipulation in there for agricultural, okay. They're not in any hurry to develop this property -- THE MAYOR: That's right. COUNCIL MEMBER GILLIAMS: -- okay. They, they're sitting on this long-term. We, as a council that was duly elected, to review this from scratch. This is a golden opportunity to do that. VERO BEACH COURT REPORTERS 772-231-2231 42 43 1 We can bring in the consultants that Charles talked 2 about. We can -- And that's if Mr. Graves Brothers wants to 3 come back to the table and negotiate with everybody in the 4 communities, all the organizations, having hearings in all 5 the different subdivisions that affects the people that are 6 abutting this property, meeting with the environmental 7 groups, get everybody in involved. And the way to do that is 8 not to appeal this. 9 We have a golden opportunity: Shut it down, which 10 we were elected to do -- which I was elected to do and, and 11 renegotiate if he wants to renegotiate. If he wants to go to 12 Fellsmere and use that fear tactic, let him go. Let him go. 13 I'm okay with that. I don't think -- I'm a developer. When 14 I look to develop, I look for an address. Fellsmere is not 15 going to bring price per unit with an address of Fellsmere. 16 It's going to bring it with Sebastian. So the nonsense of, 17 Well, he might go to Fellsmere, maybe. He might do that. I is don't think it's in his best interest. 19 Here's the other thing: In the annexation 20 agreement, we don't have any provisions for the impact it's 21 going to cost to our boat ramps. This is going to be a major 22 impact. This, in the annexation agreement, there's nothing 23 fit to buy property on the river to provide for all those 24 homes that are going in. Where are we going to put all these 25 trailers and boat trailers and access to the river? It's VERO BEACH COURT REPORTERS 772-231-2231 44 1 going to be a major impact because Sebastian, Sebastian 2 address, Sebastian boat ramps. 3 And there's a lot of other things that were left 4 outside of that annexation agreement. And, and I know that 5 in the past and Charles has mentioned it, he wants an 6 opportunity to bring his engineers in, his architect, his 7 engineers, like, environmentalist and look at this from, from s the beginning because now there's three new people on this 9 board and address the issues of this community. 10 By going through with this and appealing it, they 11 could win and we will never have that opportunity again. And 12 this is our chance to settlement negotiations. This is how 13 we negotiate: We stop it; we invite him back in; let him 14 make application; we can waive the fees for annexation; we 15 can be nice to Mr. Graves. And but, we, we can be fair to 16 the community and invite everybody in to be a part of it. 17 Wouldn't it be nice to have an annexation document 18 agreement that the Audubon Society signed off on, Friends of 19 Sebastian River signed off on, the, the other organizations 20 in this town, the... Mr. Paul Ferette (Phonetic), what's his 21 org -- the water district -- 22 COUNCIL MEMBER PARRIS: Bain Water Collection. 23 COUNCIL MEMBER GILLIAMS: Yeah. Let them get in on 24 it, let them sign off. And if anybody signs off on this, 25 everybody could be happy. But this was done during a storm. VERO BEACH COURT REPORTERS 772-231-2231 45 1 This was done with not full advertisement where they had, 2 they had -- 3 THE MAYOR: Okay. You're off target because you're 4 wrong. So let's focus -- 5 COUNCIL MEMBER GILLIAMS: They advertised it but 6 they did not advertise it to these organizations. 7 THE MAYOR: Let's don't get off on that. s COUNCIL MEMBER GILLIAMS: So, so remember this: If 9 we appeal this and they win and this -- Mr. Abbott's a good to attorney. I think he's going to win in the Fourth DCA. I'm 11 familiar with that procedure because I went through this 12 before. I'm familiar with it. And I think he's going to 13 win. And guess what, if he wins this annexation goes 14 through. 15 If we stop it now, we have a chance to renegotiate 16 if Mr. Graves wants to come to the table and love this 17 community like everybody else. Now's the chance to say is enough with the appeals. We can waive the fees, Mr. Graves, 19 come on back, make application. Maybe he'll get everything 20 he wants. There might be some minor modifications we can do. 21 But we won't get that chance if he wins -- if our attorney 22 wins this in the Fourth DCA, that, that annexation agreement 23 is done, locked. We cannot -- then, the ball is in Graves 24 Brothers' court and we don't have a chance to negotiate. 25 So just remind you, this is an important vote. VERO BEACH COURT REPORTERS 772-231-2231 Dri 1 This is big. And I know there's a lot, a lot on the line. I 2 understand Jim's position. He's pro annexation. I get it. 3 I understand Dodd's position. He's pro annexation. We're 4 three new people and we have a big decision to make for the 5 people. And I'm going to leave it at that. 6 VICE MAYOR MAUTI: Mr... Mayor Dodd, I'd like to 7 hear your response to Mr. Gilliams. 8 THE MAYOR: Yes. Go ahead. 9 VICE MAYOR MAUTI: No. I'd like to hear your to response to Mr. Gilliams. 11 THE MAYOR: Oh, my response to him? Okay. My 12 response to him is: First of all, the process and procedures 13 to approve this annexation were done correctly. There was no 14 mismanagement. There was no gains. The hurricane wasn't 15 even classified a hurricane until three days after that 16 meeting. The declaration of emergency that was signed by -- 17 at the city staff was done four days after that meeting. 18 The governor's declaration of emergency was done at 19 two o'clock in the afternoon the day we had that meeting. 20 The governor did that because he had surf rolling in and what 21 that did was allow the state to apply for money to rebuild 22 beaches under FEMA so it wasn't done during the hurricane. 23 The procedures were absolutely correct. It was 24 advertised multiple times. The reason that we went from a 25 five-minute to a three -minute -- And I know I'm off target VERO BEACH COURT REPORTERS 772-231-2231 47 1 but I'm going to cover it because it was brought up. The 2 reason we went from a five-minute to a three -minute public 3 input time was because too many -- so many people wanted to 4 make public input. If we kept it at five-minute, we wouldn't 5 get the hearing done. It was that simple. It went to that 6 time. And quite frankly, we heard 30 people say the same 7 thing over and over again. They were, they were almost a coached in that saying the same thing over and over again. 9 Right now, I will disagree 100 percent with his 10 assertation. The citizens of the City of Sebastian are not 11 anti this annexation, they're pro this annexation. We had 12 people get up at our last meeting. It was 70 percent voted 13 in favor -- spoke in favor of the annexation. So the people 14 in this city are not anti the annexation. 15 Even people who voted for the three of you are now 16 saying that they're no longer anti this annexation because 17 now they understand it. Now they're not being told the 18 rhetoric. They're not being told the lies about septic 19 tanks. They're not being told the lies about all this stuff, 20 all right. They're being told the truth. And they're not... 21 they're, they're, they're in favor of the annexation. So 22 there is, there is no longer a ground swell of more than a 23 small number of people who will come back and say they're 24 against the annexation. 25 There are people who have questions about the land VERO BEACH COURT REPORTERS 772-231-2231 m 1 use. There are people that have questions about what will be 2 done there. But quite frankly, the one thing he said that 3 was absolutely correct is he's a long way from developing 4 this. We're not going to see a preliminary plat on this PUD 5 for three years probably or more because it's not ready to be 6 developed. He's not, he's not going to develope this until 7 82and Avenue is finished. 82nd Avenue is on target right now 8 with the, your know -- 9 CITY ATTORNEY ANON: Mr. Mayor -- 10 THE MAYOR: I'm getting off topic. Sorry. 11 CITY ATTORNEY ANON: Way off target, sir, all due 12 respect. 13 THE MAYOR: Okay. Getting off target. All I'm 14 saying is that he's speaking last August. I'm speaking 15 today. The citizens of the city want this annexation. It's 16 that simple. And I think that you need to go back -- and I'm 17 just saying this about what your comments were what the comp is plan were. 19 I was extremely dissatisfied with the first comp 20 plan I looked at because I thought the same thing you did. 21 But go back and look at the comp plans. They're not what you 22 expect to see. They're not detail, detail documents. They 23 just aren't. I mean, I, I had the same thing my first year 24 on the council. I looked at the comp plan and went bonkers: 25 What is this; what kind of plan is this. Okay. So there's, VERO BEACH COURT REPORTERS 772-231-2231 EE 1 there's a lot of research and education that needs to take 2 place so that's my response to what was said. Council Member 3 Hill. 4 COUNCIL MEMBER HILL: Yeah. I mean, I just... I'm 5 hearing the same BS and rhetoric out of a certain individual 6 that we heard at the last one. This is to discuss whether or 7 not we should do the annexation. And the fact of the matter a is that, you know, this guy says that he's not against it, 9 he's in favor of but that's just completely untrue. I mean, 10 it's just more BS, the err of the facts. Once this property 11 is annexed every square inch of this property is going to 12 have to be gone over as to exactly what's going to happen on 13 this property. 14 Well, there's certain things that we know are going is to happen. There's going to be zero septic tanks. There's 16 going to be 50 percent green space. There's going to be acre 17 after acre of 45, 50 acres of conservation land surrounding la the, the, the, the headwaters of the little creek that's up 19 there -- headwater of St. Sebastian River, I'll say it. But 20 and there's, and there's going to be, you know, larger homes 21 developed and lessen low impact. Those are the things that 22 we know. 23 The fact of the matter is, we have complete control 24 over it if it's in Sebastian. This is only about whether or 25 not this property is in Sebastian or in the county. We have VERO BEACH COURT REPORTERS 772-231-2231 all 1 control if it's in Sebastian. Every one of these meetings 2 that we're discussing, let's, let's have these meetings, 3 let's do these workshops, let's put these plans in front of 4 people as we go forward. Now is the time, not at the very 5 last second when the process was hijacked by lies and 6 rhetoric. That's what happened. 7 We went through meetings. We went through 8 advertising. We went through the proper procedures and up 9 until the -- we actually had a first reading on the ordinance to and no one showed up. So, so now at the very last second at 11 the very last meeting everyone comes rolling in and they're 12 all screaming septic tanks, there's septic tanks, 13 overdevelopment. 14 You want to talk about who's going to use the boat 15 ramps? Those people that are live on that property is going 16 to use the damn boat ramps. That's who's going to use them. 17 And they're going to use that, those boats ramps and they're is not going to pay a penny for them, not one penny because 19 they're not going to be in the City of Sebastian. 20 This is only about: Is that property supposed 21 to -- should it be in Sebastian or not. That's the, that is 22 the question. Now, the actual question is: Should we appeal 23 this. But the, the ultimate question is: Should the 24 property be in Sebastian. I think it should. I think the 25 City of Sebastian should annex as much property as we VERO BEACH COURT REPORTERS 772-231-2231 51 1 possibly can so we control and the citizens of Sebastian can 2 control the development. 3 And those people are going to impact our parks 4 greatly. They're going to be driving all over our roads; 5 they're going to be using our boat ramps; they're going to 6 crowd our city beyond belief and we're not going to have a 7 single thing to say about what happens on that property, 8 that's the bottom line. Thank you, sir. 9 THE MAYOR: Council Member Parris. 10 COUNCIL MEMBER PARRIS: I'm against going to 11 appellate court taking this further and more cost. And I 12 agree that we want the land. We obviously want this land. 13 But to prevent urban sprawl and to satisfy the citizens with 14 all these workshops Mr. Hill's talking about, I have no doubt 15 that Mr. Graves will be reasonable enough to come back and 16 negotiate the process. 17 THE MAYOR: I don't think he will. And I'm saying 16 this -- 19 COUNCIL MEMBER PARRIS: Difference of opinion. 20 THE MAYOR: -- just my communication with him. I 21 think he will... I think he's already been given opportunity 22 to move forward. And I think he will move forward with that 23 opportunity. That's just my position. All right. Now, 24 we've all had an opportunity to go through here and what I'd 25 like to do is -- it's not a vote, it's a straw vote -- VERO BEACH COURT REPORTERS 772-231-2231 1 2 3 4 s 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 basically, get everybody to state their position, if we can. We can start with Council Member Hill. Your position? COUNCIL MEMBER HILL: I'd, I'd say, I'd say go to the appellate court with this and see what they have to say. And because at a very minimum, that's showing the landowner that we, we are in favor of this and we support the annexation, this being in the City of Sebastian whether we win or lose. But I think that we definitely should go to the appellate court. CITY ATTORNEY ANON: And just for the record, you're talking about Fourth DCA appeal with the register, correct? COUNCIL MEMBER HILL: That is correct. THE MAYOR: All right. Council Member Gilliams. COUNCIL MEMBER GILLIAMS: Yeah. We definitely don't appeal this. THE MAYOR: All right. COUNCIL MEMBER GILLIAMS: Wait a minute. I'm not done. THE MAYOR: Okay. COUNCIL MEMBER GILLIAMS: They spoke. Can I tell you the reasons? Again, let me reiterate why we should not appeal this. We have -- I'm not for annexation. I'm a developer. I'm not for annexation. THE MAYOR: What did you develop? VERO BEACH COURT REPORTERS 772-231-2231 52 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COUNCIL MEMBER GILLIAMS: I developed multifamily in this community. THE MAYOR: Where? COUNCIL MEMBER GILLIAMS: On Louisiana Avenue. Let me explain, okay. I'm a real estate broker. This is good for me. But it's not, it's not what I was elected to do. And I was elected to renegotiate this, bring in the consultants in -- THE MAYOR: Okay. So, so your vote is not -- COUNCIL MEMBER GILLIAMS: So I'm saying do not appeal this. This is our opportunity. We won't get this chance again. THE MAYOR: Your vote is not to appeal? COUNCIL MEMBER GILLIAMS: We will not get this chance again. THE MAYOR: Council Member Parris. COUNCIL MEMBER PARRIS: No, I'm against taking it to -- THE MAYOR: I'm sorry? COUNCIL MEMBER PARRIS: I'm against taking it all through court again. THE MAYOR: So you say do not appeal? COUNCIL MEMBER PARRIS: Do not appeal. THE MAYOR: All right. And I say appeal to the Fourth. VERO BEACH COURT REPORTERS 772-231-2231 53 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 i6 19 20 21 22 23 24 25 CITY ATTORNEY ANON: Right. THE MAYOR: So, Vice Mayor Mauti, you're in the middle. VICE MAYOR MAUTI: Well, like I said all along, I'm one for negotiating and that's not going to happen. At this point, I'm leary about the appeal so I'm going to say, We're not going to appeal it. THE MAYOR: Okay. So the decision of the council -- Mr. Abbott, decision of the council, a three to two vote, is not to appeal. MR. ABBOTT: Thank you, Mr. Mayor. I understand. COUNCIL MEMBER HILL: Good night. COUNCIL MEMBER GILLIAMS: Thank you, Charles. COUNCIL MEMBER PARRIS: May I ask a question? THE MAYOR: This is a -- CITY ATTORNEY ANON: Not, not a vote. THE MAYOR: No, you can't. CITY ATTORNEY ANON: Not a vote. THE MAYOR: This is not a vote but this is to go with the minutes. CITY ATTORNEY ANON: We're, again, just getting a feel because we need direction. And to be clear -- THE MAYOR: Well, the direction is not to appeal. COUNCIL MEMBER GILLIAMS: That's it. CITY ATTORNEY ANON: I just want to be clear -- VERO BEACH COURT REPORTERS 772-231-2231 54 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COUNCIL MEMBER HILL: Is this adjourned in here? Are we adjourned in here so I can go to the other meeting? CITY ATTORNEY ANON: Hold on, sir. I just want to make sure I heard correct. So the decision was from the council was not to appeal? That's just all I want. I just want to be clear, that's all. That was the advice -- THE MAYOR: It was a three/two vote the decision was not to appeal -- CITY ATTORNEY ANON: No, it's not vote, sir. THE MAYOR: We'll notify Mr. Bass -- CITY ATTORNEY ANON: Not a vote, sir. Not a vote. THE MAYOR: It is a vote. CITY ATTORNEY ANON: It's not a vote, sir. We're just, we're just getting a feel from the members here how to go forward. I don't want -- THE MAYOR: I'm not going to argue this again. CITY ATTORNEY ANON: We're not going to argue, sir. I'm just trying to tell you, I just don't feel comfortable using the word vote at this point. We're not doing anything -- Now that you advised -- THE MAYOR: What you have to do is come back and tell us what the impact of not appealing is and then we do that as a vote. CITY ATTORNEY ANON: Exactly. THE MAYOR: Yes, I agree with that. The city VERO BEACH COURT REPORTERS 772-231-2231 55 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 manager -- the city attorney will come back and tell us what the impact of not doing that is and then we'll do that in public. CITY ATTORNEY ANON: But you need to adjourn here, sir, and we have to go with -- CITY MANAGER CARLISLE: She has a question. COUNCIL MEMBER PARRIS: Well, maybe you want to adjourn first because the question doesn't appeal to -- CITY MANAGER CARLISLE: But you can't ask any questions that don't pertain to this issue. COUNCIL MEMBER PARRIS: Well, then, you have to adjourn first and I can ask the attorney a question. THE MAYOR: I'm sorry? CITY ATTORNEY ANON: You can ask me any question you want. Is it pertaining to the, to this issue or... COUNCIL MEMBER PARRIS: No, not to the court issue. But I would like to know who actually negotiates with Mr. Bass. THE MAYOR: No one negotiates with Mr. Bass. He has to decide -- as it stands right now, we're not appealing and we're no longer annexing. COUNCIL MEMBER PARRIS: Well -- THE MAYOR: Mr. Bass has to decide -- COUNCIL MEMBER GILLIAMS: We will send him an invitation or waive his fees, come on back -- VERO BEACH COURT REPORTERS 772-231-2231 912 1 COUNCIL MEMBER HILL: Good night, everybody. Talk 2 to you later. 3 CITY ATTORNEY ANON: Are you adjourning? 4 COUNCIL MEMBER PARRIS: It'd be nice to get some 5 questions answered. 6 CITY MANAGER CARLISLE: If you're adjourned you can 7 no longer have any conversation. 8 CITY ATTORNEY ANON: Are you adjourning, sir? 9 COUNCIL MEMBER GILLIAMS: Yeah. 10 CITY ATTORNEY ANON: Are you adjourning? 11 THE MAYOR: We are adjourned. 12 (Thereupon, at 6:14 p.m., the above -entitled 13 matter was concluded.) 14 15 16 17 18 19 20 21 22 23 24 25 VERO BEACH COURT REPORTERS 772-231-2231 57 11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ✓01 22 23 24 25 STATE OF FLORIDA ) SS COUNTY OF INDIAN RIVER ) CERTIFICATE I, GREGORY CAMPBELL, Notary Public of the State of Florida at large, certify that I was authorized to and did stenographically report the foregoing proceedings and that the transcript is a true and complete record of my stenographic notes. DATED this 26TH day of JULY, 2020. GREG Y7'BELL, COURT REPORTE�2 Commiss on No. GG 364132 My Commission Expires 08/08/2023 VERO BEACH COURT REPORTERS 772-231-2231 3I Abbott 1:17 2:14 3:4,5,6 10:5 12:9,11 12:12 16:21 18:1 20:25 23:23 24:5 25:5,22 26:21 37:1,4,6,20 54:9,11 Abbott's 45:9 abided 24:14 able4:6 20:25 22:2 23:17 39:5 above -entitled 57:12 absolutely 35:13 46:23 48:3 abuts 35:11,11 35:12 abutting 43:6 accept13:17,21 29:15 30:4 acceptance 30:12 accepting 12:18 13:6 access43:25 accurate 14: 10 24:15 acre 49:16,17 acres 7:15 18:22 24,10,11 37:10 38:17 40:25 49:17 action 11:10 actions 11:10 actual24:17 50:22 add15:24 adding 34:21,21 additional 28: 25 address3:20 4:16 22:6,7 33:16 43:14,15 44:2,9 addressed 29:9 adjourn 56:4,8 56:12 adjourned 55:1 55:2 57:6,11 adjourning 57:3 57:8,10 advance13:6 advertise 45:6 advertised 10:18 13:7 14:10 18:15,16 45:5 46:24 advertisement 8:21 24:16 45:1 advertising 37:12 50:8 advice 10:10,15 55:6 advised 55:20 affirm 21:11 afternoon 46:19 agenda 19:11 agree 5:4 51:12 55:25 ag reed 42:11,14 agreement 20:19,21,23 21:20,21 22:17 22:19 42:18 43:20,22 44:4 44:18 45:22 agricultural 42:19 ahead 20:11,15 20:23 26:15 29:25 37:23 42:9 46:8 a110:13 allegations 12:7 allow 11:14 13:18 14:21,21 15:18 28:21,22 46:21 allowed 11:7 28:24 allowing 10:21 amend 17:19,20 20:1,2 amendment 8:23 22:18 and/or 10:16 angry 28:5,7 annex 14:2,3,6 14:16 27:19 35:9,23 36:7 39:4,23 50:25 annexation 9:16 10:8 12:17,19 12:19,22,25 13:3,6,9,10,18 15:18 16:11 17:18 18:10,11 18:13 20:18,21 20:22,23 21:20 21:21 22:17 23:8 25:1 26:25 27:5,20 27:25 29:3 30:4,11 33:12 34:4 35:19 36:13 39:7 41:14 42:18 43:19,22 44:4 44:14,17 45:13 45:22 46:2,3 46:13 47:11,11 47:13,14,16,21 47:24 48:15 49:7 52:7,23 52:24 Annexation's 39:3 VERO BEACH COURT REPORTERS 772-231-2231 annexed 9:3 13:5,23 14:13 15:5 24:10 28:10 29:22 30:20,21 34:6 35:24 38:5 49:11 annexing 56:21 announced 10:18 Anon 1:16 2:21 2:21 7:19,21 8:4,15 9:19,25 10:2,4 16:19 16:21 19:9,15 19:18,21 21:2 32:9,13,18,22 33:1,6 36:8,11 36:20,23,25 48:9,11 52:10 54:1,16,18,21 54:25 55:3,9 55:11,13,17,24 56:4,14 57:3,8 57:10 answer 4:11,13 5:23 15:22 20:25 25:23 30:9 33:25 37:6 42:15 answered 30:11 57:5 answering 4:12 anti 47:11,14,16 anybody44:24 anybody's 39:18 39:19 appeal4:3,3 5:1 5:2 11:22 15:7 15:10,14 16:6 16:12,15,16,17 16:24 17:3 20:24 21:4,17 23:24,25 24:2 24:8 36:13,22 39:24,25 40:6 40:7 41:5,9,13 41:13,14,14,16 41:17,20,20 43:8 45:9 50:22 52:11,16 52:23 53:11,13 53:22,23,24 54:6,7,10,23 55:5,8 56:8 appeal's 40:4 appealing 44:10 55:22 56:20 appeals 14:24 15:16 45:18 appears39:14 appellate 3:24 14:21,23 15:13 24:23 25:20,21 26:2 29:12 36:17 41:2 51:11 52:4,9 apple 10:14 21:18 23:6,7 applicable 17:3 application 44:14 45:19 apply 21:6 46:21 appropriate 26:10 appropriately 10:18 approve46:13 approved41:18 41:18 approximate 13:8 architect44:6 area 8:23,24 9:4 15:3 26:8 28:15 32:5 34:21 35:5,6 38:4,6,12 areas 13:5 28:4 argue15:2 55:16,17 argued 20:4 24:7,9,12 argument 24:18 24:20,21 25:3 25:3 26:9,18 37:17 arguments 3: 21 12:21,25 24:8 article 22:13 asked 7:4 13:14 42:10,15 asking 17:21 23:18 25:8 31:17,19 asks19:6 assertation 47:10 assuming 14:5 29:21 30:20 attached 24:15 attempt 3:9 ATTENDANCE 1:13 attorney 1:16 2:21,22 3:12 6:18 7:6,19,21 8:4115 9,19 10:2,5 13:14 16:19,21 19:9 19:15,18,21 20:5 21:2 22:9 32:9,13,18,18 32:22 33,116 36:8,11,15,20 36:23,25 37:11 37:11 40:3,5 45:10,21 48:9 48:11 52:10 54:1,16,18,21 54:25 55:3,9 55:11,13,17,24 56:1,4,12,14 57:3,8,10 attorney -client 1:3 11:6 attorneys 3:17 4:9 5:1 10:1 10:22 21:17,22 Audubon 1:4 10:13 12:20 21:9 44:18 August48:14 authorized 58:10 automatic 36:3 available7:18 11:23 24:17 37:14 Avenue27:13 31:21 35:1,1 48:7,7 53:4 B 8:2,24 9:2 back7:10 8:10 9:9 16:6,9 17:21,23 22:2 23:17 24:25 25:25 26:17 32:19 33:1,3 36:4,17 41:8 41:11 43:3 44:13 45:19 47:23 48:16,21 51:15 55:21 56:1,25 bad 34:23 Bain 44:22 ball22:4 45:23 based 22:21 31:17 40:10,10 40:14,15,15,16 40:16,17,21 basically 4:2 7:15 27:18 VERO BEACH COURT REPORTERS 772-231-2231 52:1 basis 9:2 23:25 Bass 55:10 56:18,19,23 bat25:18 battle 25:13 Beach27:9,10 27:17 beaches46:22 beginning 44:8 belief 51:6 believe 19:4 29:14 40:19 best27:7 43:18 beyond51:6 Bierman 10:7 big 20:3 46:1,4 bigger25:7 binary 13:16 bit2:18 19:19 31:11 33:2 bite 21:17 23:5 23:7 board 44:9 boat43:21,25 44:2 50:14,16 51:5 boats50:17 boils 13:16 bonkers48:24 borders 27:18 bothers39:12 bottom 29: 5,14 51:8 bounds37:14 38:7 brief4:5 12:13 12:16 13:11 21:10,11,11 38:4 bring 20:13 43:1 43:15,16 44:6 53:7 Bringing 29:10 broker53:5 Brothers 23:7 39:13 43:2 Brothers'45:24 brought13:13 30:20 31:5 47:1 BS 49:5,10 built35:2,5,6 36:4 buy 43:23 C 8:2,20 38:15 C-A-R-L-I-S-L-E 2:20 call 2:6 called 7:24 12:20 14:20,22 14:24 calling 21:4 campaign 23:9 Campbell 2:3 58:9,20 candidly 25:5 Carlisle 1:16 2:9 2:19,19 15:25 36:14 37:1,4,8 37:8 38:14 56:6,9 57:6 case 1:5 3:14 10:8,14 11:25 12:10 23:23 25:8 40:11 cases 11:5 certain 49:5,14 certainly 26:3 26:12,16 CERTIFICATE 58:6 certify 58:10 certiorari 14:23 15:11,15 21:5 21:6 26:10 challenge 14:12 14:18 15:12 29:10 challenged 12:19 challenges 12:23 13:19,20 CHAMBERS 1:9 chance21:19,25 21:25 22:16,19 33:18 41:22 44:12 45:15,17 45:21,24 53:12 53:15 chances25:2 change 15:4,4,6 18:25 22:2 23:1 25:12,25 26:5 changed 18:17 charge27:24 28:1 Charles 1:14 2:25 17:20 22:22 43:1 44:5 54:13 choice 13:16 circle 20:14 circuit 10:11 12:23,24 13:17 13:21 15:13,13 15:16 24:23 circumstances 24:18 citizens 24:17 27:6,22,22 28:1,8,21 29:4 29:17,22 35:22 47:10 48:15 51:1,13 city 1:1,4,9,16 1:16 2:9,18,19 2:21,21 3:3,6 3:12,13 6:18 7:4,6,19,21 8:4 8:15 9:19 10:2 10:5,8,11,13 11:21 12:16 13:5,7,13,15 13:23 14:5,7 14:13 15:5,25 16:19,21 19:9 19:15,18,21 20:20 21:2 22:12 24:14 27:10,17 28:10 28:14,18 31:3 31:6 32:9,13 32:18,22 33:1 33:6 34:7,22 34:23,24 35:22 36:8,11,14,20 36:23,25 37:1 37:4,8,9,15 38:9,14 39:7 40:3 46:17 47:10,14 48:9 48:11,15 50:19 50:25 51:6 52:7,10 54:1 54:16,18,21,25 55:3,9,11,13 55:17,24,25 56:1,4,6,9,14 57:3,6,8,10 city's 28:9 claim 21:8 42:5 classified 46:15 clear7:22 8:15 11:25 22:23 27:8 54:22,25 55:6 clearly 38: 6,11 clerk 7:4 8:1 11:21,21 38:9 clerk's 24:17 37:15 CLOSED 1:3 coached47:8 VERO BEACH COURT REPORTERS 772-231-2231 code 34:7 Cole 10:7 Collection 44:22 Collier 34:15 collusion 11:21 11:24 come 17:21 36:3 41:11 43:3 45:16,19 47:23 51:15 55:21 56:1,25 comes 50:11 comfortable 55:18 coming 17:24,24 28:18 41:8 comments 4: 5 48:17 commercial 29:1 31:22,24 32:2 Commission 58:21,21 communication 51:20 communities 28:25 35:2,4 43:4 community 18:4 18:20 19:4,5 27:12,12 44:9 44:16 45:17 53:2 comp 48:17,19 48:21,24 complete 38:7 49:23 58:12 completely 29:19 49:9 comply 10:3 component 31:12 comprehensive 8:22 30:24 31:3 38:24 39:11 concern22:14 29:21,21 concerned 29:9 38:21,22 concerning 10:10,16 concluded 57:13 confine 11:1 confines 31:2 confuse30:19 33:14 confused16:22 29:16 confusing 30:17 conservation 49:17 consider14:13 considerably 28:11 consideration 6:2 considered 11:4 25:9 constituent 12:21 constituted 40:25 construed 10: 25 37:16 consultant 39:10 consultants 43:1 53:8 consuming 29:13 contain 24:8 37:21 38:10 contains 21:8 contiguous 28:20 contract30:11 Contrary 40:18 control27:20,22 28:9 29:4,17 29:23 34:5,6 35:9,19 49:23 50:1 51:1,2 controlled 34:6 conversation 57:7 converted 32:5 convince17:13 cooperation 14:16 copies 6:22 7:4 copy 5: 21 6:15 6:25 7:11 8:13 8:20 Corporation 35:12 correct5:24 8:25 17:23 22:17 37:10 39:15 41:19 46:23 48:3 52:12,13 55:4 correctly 46:13 Corridor 31:21 cost26:19 43:21 51:11 costing 18:4 costly 29:13 council 1:1,9,14 1:15,15 2:12 2:23,23 3:1,3,3 3:15,16,18,20 4:9,15,16,17 4:25 5:5,7,8,11 5:14,17,19,24 5:25 6:1,4,7,11 6:12,13,21,24 8:8,13,19 9:7 9:11,17 11:13 15:21,22 17:11 17:12 19:9,13 19:16,20,23 20:9,12,16 21:15 22:14 23:18,19 24:24 25:15 26:14,15 26:20,23 29:7 29:8,24 30:3,7 30:10,22,25 31:7,14,19,23 32:1,7,10,14 32:16,23 33:7 33:10,17,20,24 34:3,18,25 39:6 40:20 41:21 42:1,6 42:12,17,22,23 44:22,23 45:5 45:8 48:24 49:2,4 51:9,10 51:19 52:2,3 52:13,14,15,18 52:21 53:1,4 53:10,14,16,17 53:20,23 54:9 54:9,12,13,14 54:24 55:1,5 56:7,11,16,22 56:24 57:1,4,9 councilmen 21:3 25:5 26:22 counsel 1:17 3:6,13 9:5,5 10:6,8 12:9 19:7 Counselor38:20 county 10:12 12:18 27:10,14 28:24 35:11 49:25 58:2 couple 14:19 course6:13 11:10,16 court2: 5,17 3:24 6:16,20 VERO BEACH COURT REPORTERS 772-231-2231 7:11,24 8:5,16 8:17 9:2,20 11:18 12:24,24 13:17,22 15:2 15:13,13,14,16 15:17,17 17:8 17:11 21:18 22:4 24:23,23 25:20,21 26:3 29:13 45:24 51:11 52:4,9 53:21 56:16 58:20 court's 21:12 courts 10:25 14:21 cover47:1 covered16:1 COX 1:4 cracking 15:8 crazy 28:16 creek34:15 49:18 criteria 26:6 crowd 5 1: 6 currently 10:10 12:17 D D 8:3 9:3,13 Damien 1:14 2:23 damn 28:2 50:16 Daniell: 17 3:5 10:5 12:9 date17:22 DATED 58:14 day28:24 36:4 46:19 58:14 days46:15,17 DCA 21:19 36:23 45:10,22 52:11 de 24:10 deal2:5 13:20 dealing 14:21 dealt34:23 decide 13:24 14:11 21:7 27:23 56:20,23 decided 15:2 33:14 40:10,20 deciding 14:1,3 40:7,9 41:5,6 decision 3:25 4:1,2 5:2 11:16 13:17,21 14:4,12,19 15:4,5,6,7,12 16:13,17 22:8 22:21,24 29:19 36:18 39:8,25 40:1,2,8 41:5,6 41:13,20 46:4 54:8,9 55:4,7 declaration 46:16,18 defect13:2 defer12:9 define 8: 21 definitely 52:8 52:15 delay 21:14 describe 9:22 describes37:13 description 37:17 38:4,5,7 38:11 deserve28:8 29:4 designated 31:22 desire 13:14,21 desires 14:6 detail13:12,20 31:11 48:22,22 detailed 32:4 determine 28:22,23 develop 28:3,15 28:19 42:20 43:14 52:25 develope 48:6 developed 28:23 34:10,11 34:21 48:6 49:21 53:1 developer 22:3 27:8 32:12,17 32:24 34:10 36:3 39:7 43:13 52:24 developer's 22:11 developers 22:6 39:1 developing 48:3 development 22:17 27:11,11 27:12,14,21,24 28:9 31:6,9,13 33:12 34:7,8 51:2 developments 27:11 devil30:19 Difference 51:19 different9:12 25:3 43:5 difficult 39:8 direct4:8 21:16 29:12 directed 4:11 6:15 direction 3:24 4:24 11:13,16 13:15 15:20 54:22,23 directly 26:2 27:18 28:20 director39:10 disagree 26:21 47:9 discuss3:24 7:6 7:22 10:23,23 11:12 16:2,6 49:6 discusses 25:10 discussing 9:21 16:11 50:2 discussion 4:24 7:9 8:9 11:1,4 16:6 discussions 4:17 11:5,15 12:2 dissatisfied 48:19 district 15:14 44:21 document 5:15 44:17 documents 6:2 6:4 48:22 Dodd 1:13 3:2 46:6 Dodd's 46: 3 doing 31:16 39:16 55:19 56:2 dollars 18:5 DONNA 1:4 doubt51:14 drawing 8:24 40:21 drifting 19:19 driving 51:4 due 17:25 18:14 48:11 duly42:23 E1:16 east28:10,11 Ed 1:13 3:2 education 49:1 effort 17:14 VERO BEACH COURT REPORTERS 772-231-2231 eight28:24 either4:9 6:5 10:16 13:17 elected 18:3,9 18:18 19:2,3,4 27:1,2 42:24 43:10,10 53:6 53:7 emergency 46:16,18 engineers39:1 44:6,7 entirety 9:4 entitled 23:1 26:3 entity 10:22 12:20 environment 19:5 environmental 43:6 environmenta... 44:7 equal42:3 err49:10 erred 15:17 error24:19 25:1 especia Ily 24:13 Esquire 1:17 essence24:6 estate 53:5 Estates 34:15 estimate 18:12 et 10:13 event14:25 everybody 5:2 7:5 12:14 18:14 20:21 22:6 41:22 42:2,3 43:3,7 44:16,25 45:17 52:1 57:1 everybody's 20:16 exact24:6 25:8 26:18 34:15,17 exactly 11:1 49:12 55:24 example 7:3 31:20 32:5 exception 10:21 10:25 12:3 excess24:11 excluded 9:1 Excuse32:8 executive 2:6 3:23 7:7 13:14 19:25 23:3 exemption 10:24 Exhibit7:25 expect48:22 experience 29:17 Expires 58:21 explain 8:16 30:14,15 53:5 explained 18:1 exposed8:25 expressed 10: 9 expressly 24:16 extremely 48:19 eyes24:12 facially 21:8 fact 11:5 13:1 15:7 23:25 26:3,7 27:3,19 28:5,8 40:21 49:7,23 facts 24:6 28:3 49:10 failed 23:8 33:20 fair 20:21 44:15 familiar 45:11 45:12 far12:15 14:24 16:6,8 favor6:9,10 26:16,25 47:13 47:13,21 49:9 52:6 favored 27:14 fear22:5,7 43:12 feedback2:8 feel3:9 54:22 55:14,18 feeling 22:10 fees 20:5,5 44:14 45:18 56:25 Felismere 22:5 22:11 28:10 35:10,13 43:12 43:14,15,17 FEMA 46: 22 Ferette 44:20 file 7:25 15:15 20:23 21:10 filed 3:25 11:21 final11:9,10 39:20 find 12:2 39:6 fine 2:12 4:10 12:11 29:4 finish 4:22 finished 41:25 48:7 firm 10:7 first 3 :12,12 14:20 21:5 31:9 33:12 34:4 42:17 46:12 48:19,23 50:9 56:8,12 fit43:23 five 7:15 18:15 18:22 24:11 28:6 37:10 38:17 40:25 five -acre 9:1 13:8 40:21 five-minute 46:25 47:2,4 fix 17:21 flip 30:5 floor3:17,19 4:8 4:11,19 9:25 Florida 1:1,10 2:1 10:12,19 10:20 58:1,10 FLU 29:25 focus45:4 focused38:13 follow 15:23 followed 17:25 forego16:25 26:12 foregoing 58:11 forgive 15:7 formal 11:9,10 forth 31:13 forward 50:4 51:22,22 55:15 found 7:4 13:3,4 four6:14 18:2 20:25 38:17 46:17 Fourth 15:14,16 21:19 36:23 45:10,22 52:11 53:25 frankly 47:6 48:2 Friends 44:18 frivolous 24:2 24:20,21 front27:4 37:21 50:3 full32:2 45:1 function 30:24 funny26:24 further 13:12,19 13:19 14:12 VERO BEACH COURT REPORTERS 772-231-2231 51:11 future 30:23 31:1,21 38:22 39:9 40:1 gain 34:5,5 gains46:14 gated 27:12,12 28:25 35:2,3 general31:22 31:24 37:13 38:4 generally 14:23 15:19,20 26:6 37:17 getting 17:7,10 28:3 32:15 42:2 48:10,13 54:21 55:14 GG 58:21 Gilliams 1:14 2:23,23 5:7,8 5:11,14,17,19 5:24 6:5,21,24 9:7,17 17:11 17:12 19:13,16 19:20,23 20:9 20:12,16 21:15 32:10 33:10,17 33:20 41:21 42:1,6,12,17 42:22 44:23 45:5,8 46:7,10 52:14,15,18,21 53:1,4,10,14 54:13,24 56:24 57:9 give6:18 7:8,24 14:14 23:24 38:3 given 4:11 28:6 51:21 gives 4:13 giving 14:1 go2:16 3:8,25 6:17 8:5 10:17 11:2,13,14 12:3 13:12 14:7 16:6 17:2 19:21,22 20:11 20:15,23 22:2 22:5,11 23:17 25:18,20,20,24 26:15 27:9,12 27:13 28:16,25 30:16 33:2,3 34:2 35:1,18 36:3,17 37:23 41:15,22,24 42:9,16 43:11 43:12,12,17 46:8 48:16,21 50:4 51:24 52:3,8 54:19 55:2,15 56:5 goal4:6 God 18:8 goes 23:6,8 27:23 28:22 31:8 34:22 45:13 going 2:5,5 4:20 5:2,3,20,22 6:15 7:8,11 9:25 10:13 14:5 16:25 17:2,12,13 19:13 20:6,9 20:24 21:17 22:2,5,11,21 22:25 24:1 25:11 26:2,17 28:12,14,15,17 28:18,19,20 31:4,12,13 32:11 33:13 35:8,10,14,19 38:23 39:3,11 39:17,17,17,18 39:20,25 40:1 40:2,4,6 41:8 41:11,11,15,24 42:4,4 43:15 43:16,21,21,24 43:24 44:1,10 45:10,12 46:5 47:1 48:4,6 49:11,12,14,15 49:16,16,20 50:14,15,16,17 50:18,19 51:3 51:4,5,5,6,10 54:5,6,7 55:16 55:17 golden 42:24 43:9 gonna6:17 23:9 good 2:13 13:1 13:2 25:6,13 25:22,22 26:22 45:9 53:5 54:12 57:1 governed14:23 governmental 10:22 governor46:20 governor's 46:18 GRAHAM 1:4 Graves23:7 35:11,12 39:13 43:2 44:15 45:16,18,23 51:15 greatly 51:4 green 49:16 Greg 2:3 GREGORY 58:9 58:20 ground47:22 groups43:7 growth 27:21 WE guarantee 28:11 29:16 30:3 31:16 40:6 guaranteed 22:11 guess7:24 45:13 gut 22:10 guy 49:8 guys 2:4,11 3:9 HALLERAN 1:4 hand 6:18 8:6 handing 8:16,18 hands9:18 39:10 happen 14:11 39:4,25 41:15 49:12,15 54:5 happened12:15 50:6 happens28:2 29:5 51:7 happy 13:11 15:21 37:6 44:25 hard35:14 he'1145:19 heading17:16 headwater 49:19 headwaters 49:18 hear2:10,11,12 2:14 22:12 26:24 37:5 46:7,9 heard12:23 20:7 25:2 41:16 47:6 49:6 55:4 hearing 8:22 VERO BEACH COURT REPORTERS 772-231-2231 14:9 47:5 49:5 hearings 18:7 18:16 36:1 43:4 held 10:19 Hellman 10:7 hell38:23 help 2:17 11:15 Helter 34: 24 hijacked 50:5 Hill 1:15 2:12 3:2,3,3 6:12,13 8:14,19 23:18 23:19 24:24 25:15 26:14,23 34:25 49:3,4 52-2,3,13 54:12 55:1 57:1 Hill's 29:14 51:14 hold 17:23 55:3 holding 11:5 homes 43: 24 49:20 hours4:7 houses36:4 housing 32:6 human 25:12 hurricane 46:14 46:15,22 hurry 42:20 identifies 8:25 Im 5:3 impact41:9 43:20,22 44:1 49:21 51:3 55:22 56:2 important 15:3 45:25 improper12:22 inaccurate 13:7 inch 49:11 include 13:8 14:1,2 38:5,11 included 9:4 13:9 including 11:22 24:16 incorrect17:19 39:15 40:24 Indian 10:12 58:2 indicated 10:17 37:22 41:1 Indicating9:12 38:16 individual4:8 49:5 industrial 29:2 information 7:17 27:4 infrastructure 29:1 initial 21:11 input3:10 4:18 47:3,4 insanity 27:3 integrity 12:6 interact41:22 interacting 42:1 interest43:18 interesting 3:22 35:3 interrupt12:5 19:10 interrupted 3:19 4:13,20 20:10 introduce2:17 invalidate 13:2 invitation 56:25 invite 44:13,16 involved 43:7 Island 1:4 10:13 12:20 issue 24:7 25:9 56:10,15,16 issues 5:3 44:9 It'd 57:4 it'll7:2 item 6:16 8:20 8:24 9:3,18 18:2,21,22 38:15 Jim 1:15 2:11 3:3 8:12 Jim's 46:2 job34:24 Jr1:16 2:21 10:4 judge21:7 38:18 judges16:17 25:7,8 29:11 36:18 38:18 judges'26:5 Judicial 10: 11 JULY1:7 2:1 58:14 jurisdiction 25:24 keep 4:4 7:25 23:8 kept 47:4 kind 3:7,11 11:3 27:2 30:14 48:25 knew 17:24 know4:5 8:12 8:12 13:11 17:21 18:25 22:13,21 24:2 25,12,17 26:24 26:25,25 27:2 27:16 28:6,6 29,18,24 30:18 30:25 34:18,24 35:18,20 37:18 39:16,18 40:4 40:5 41:11,15 41:17 42:7 44:4 46:1,25 48:8 49:8,14 49:20,22 56:17 knowing 25:19 knowledge 25:12 knows 8:16 9:22 12:15 L 1:17 laid 3:11 33:13 33:14,17 land 8:23 12:18 13:22,24 14:2 14:3 22:17 28:12 29:15 30:23 31:2,21 33:12,13 34:7 35:11 47:25 49:17 51:12,12 landowner 52: 5 landowners 14:6 laned 28:4 language 37:22 37:23 38:10,12 large 58:10 Iarger49:20 law 10:4,7,19,21 11:5,7 15:3 23:24 24:12 26:8 lawsuit 11:14 lead 17:10 learn 23:3 leary 54:6 leave 7:2,7 23:9 23:22 39:9 46:5 leaves7:23 VERO BEACH COURT REPORTERS 772-231-2231 led 17:6,7 leeway 23:11,16 left38:17 44:3 legal3:13 12:9 37:11 38:7 legally 18:23 legislative 40:17 lessen49:21 let's 2:18 6:8 16:3,3 22:9,16 22:16,16 31:20 32:18 33:3 45:4,7 50:2,2,3 50:3 letter 9: 21 lies 29:19 47:18 47:19 50:5 light 24:13 Iimit40:16 line29:5,14 46:1 51:8 lines 40:22 Listen 20:18 listing 8:21 litigation 10:6,8 10:10,17 11:17 11:22,24 little 2:18 3:7 19:19 29:1,16 31:11 33:2 38:17 49:18 live 50:15 location 37:13 locked 45:23 long 28:15 48:3 long-term 42:23 longer47:16,22 56:21 57:7 look2:6 7:9 8:7 8:14 9:14,17 21:7,11 25:7 34:25 43:14,14 44:7 48:21 looked 48:20,24 looking 20:18 20:18 39:8 lose 22:10 25:19 29:23 41:7 52:8 lost21:19 lot17:1 22:23 22:23 26:19 30:17 35:24,25 35:25 36:1,5 39:1 40:19 44:3 46:1,1 49:1 Louisiana 53:4 love 35:15,16 45:16 low 49:21 lower 15:17 21:12,18 M MAIN 1:10 major 36:6 43:21 44:1 majority 19:7 21:24 making 22:8 36:6 manager 1:16 2:9,18,19 3:13 15:25 22:12 36:14 37:1,4,8 37:9,20 38:14 56:1,6,9 57:6 Manny 1:16 2:21 7:5 10:4 12:13 41:7 map9:2,3 13:5 13:7,10 14:10 24:1,9,15,17 24:19 30:23 31:2,10,21 38:6,11,16,17 39:1 40:10 41:1 maps 7:4,5,8,15 8:2,19,20 9:7 marked 8:2 matter 12:3 27:4,19 39:4 49:7,23 57:13 matters 5:20 10:23 Mauti 1:14 2:25 2:25 5:5,5,6 9:12 16:4,5,10 16:15,18,24 17:6,9 23:11 23:14 32:15 36:7 38:20,21 39:19 40:13,24 41:2,17 42:9 46:6,9 54:2,4 Mayor 1:13,14 2: 3,9,11,13,15 2:25,25 3:2,2,4 3:7 5:5,6,7,10 5:13,16,18,23 5:25 6:3,6,9,12 6:14,23 7:1,19 7:20 8:2,5,9,18 9:9,12,13,18 9:19,24 12:8 12:11,12 15:23 16:3,4,5,8,10 16:13,15,16,18 16:20,24 17:4 17:6,7,9,10 20:6,11,15 23:11,11,14,15 29:7,20 30:2,6 30:8,14,23 31:1,8,15,20 31:24 32:2,8,9 32:11,13,13,15 32:20 33:4,8 33:16,18,22 34:1,4,20 36:7 36:10,12,14,16 36:22,24 37:3 38:15,20,21 39:16,19,22 40:13,14,24,25 41:2,3,17,19 41:21,24 42:4 42:7,9,10,14 42:17,21 45:3 45:7 46:6,6,8,9 46:11 48:9,10 48:13 51:9,17 51:20 52:14,17 52:20,25 53:3 53:9,13,16,19 53:22,24 54:2 54:2,4,8,11,15 54:17,19,23 55: 7,10,12,16 55:21,25 56:13 56:19,23 57:11 mean 13:22 14:4 15:11,12 16:8 17:20 23:12,21 25:2 25:6 29:14 34:13,16 41:12 41:14 48:23 49:4,9 meant18:8 mechanisms 34:7 media 30:18 meet 10:22 meeting 3:23 4:21 5:21 6:19 7:3,10,13 17:17,18 20:4 20:17 22:15,15 23:3 43:6 46:16,17,19 47:12 50:11 55:2 meetings 6:17 VERO BEACH COURT REPORTERS 772-231-2231 50:1,2,7 member 1:14,15 1:15 2:12,23 2:24 3:1,3,16 3:19 4:10,15 5:5,7,8,11,14 5:17,19,24,25 6:1,4,7,11,12 6:13,21,24 8:8 8:14,18,19 9:7 9:11,17 17:11 17:12 19:9,13 19:16,20,23 20:9,12,16 21:15 23:18,19 24:24 25:15 26:14,20,23 29:7,8,24 30:3 30:7,10,22,25 31:7,14,19,23 32:1,7,10,14 32:16,23 33:7 33:10,17,20,24 34:3,18,25 41:21 42:1,6 42:12,17,22 44:22,23 45:5 45:8 49:2,4 51:9,10,19 52:213,13,14 52:15,18,21 53:1,4,10,14 53:16,17,20,23 54:12,13,14,24 55:1 56:7,11 56:16,22,24 57:1,4,9 members 4:17 4:23,25 5:1 8:6 12:21 16:4 17:1 19:7 26:15 55:14 memory 20:17 mentioned 11:18 22:14 34:25 44:5 meritorious 24:22 merits 24:22 message 18:22 met 2:4 metes 37:14 38:7 middle 54:3 miles 28:13,13 28:17 million 36:4 mind 19:1 23:1 25:4,12 26:1 minds26:5 mine 9:12 25:13 35:21 minimis 24:10 minimum 52:5 minor45:20 minute 18:17 26:16 33:19 34:20 52:18 minutes6:17 7:3 18,15,15 28:5 54:20 misled 23:2 mismanagem... 46:14 mistake 24:1,9 36:6 mix 35:15,16 modifications 45:20 money 21:23 22:7 26:19 39:2 46:21 months 21:1 motion 25:14,15 26:11 motions 26:6 move6:8 25:23 26:4 51:22,22 moved 35:5 multifamily 53:1 multiple 46:24 name 3:5 10:4 10:12 34:13 narrow 11:7 narrowly 10:25 nature 25:13 nay41:6 necessarily 21: 2 need 3:13 4:16 10:9,15 11:13 16:2 22:18 25:23 27:1 33:1 34:2 48:16 54:22 56:4 needs49:1 negotiate 32:3,5 32:7,10,11,16 32:24 34:9,10 39:5,6,13 41:10 43:3 44:13 45:24 51:16 negotiates 56:17,19 negotiating 22:3 54:5 negotiation 10:16 19:11 negotiations 11:2,12 19:14 44:12 neither 27:19 never44:11 new 19:8 28:14 38:24 39:11 44:8 46:4 news 13:1,2 newspaper8:20 22:13 38:2 nice 44:15,17 57:4 night54:12 57:1 nine 19:3 28:24 Nineteenth 10:11 nonsense43:16 north 28:13,13 28:17 Notary 58:9 notes 2:7 11:18 58:13 notice 8:22 24:16 37:25 38:1,3 notify 55:10 Now's 45:17 number6:16 12:21 24:10 38:4 47:23 o'clock 46:19 object 5: 20,22 objections 35:8 objective 4: 21 4:24 obligated 25:24 observations 3:18 obtained 38:8 obvious12:14 obviously 12:1 29:11 51:12 occurs27:21 odds 25:11 offensive 12:4 office 19:8 23:1 24:18 37:15 38:8 officially 19:3 Oh 16:24 36:12 46:11 okay 2:7,13 3:7 5:7,19 6:6,12 VERO BEACH COURT REPORTERS 772-231-2231 M 6:20 8:4 9:13 9:24 10:2,15 16:8 17:4,7,10 17:20 19:1,20 20:4 23:15,18 24:24 26:23 29:20 30:2,6 31:5 32:24 33:8,16,18,20 33:22 34:3 35:6 40:18,19 42:4,6,10,19 42:22 43:13 45:3 46:11 48:13,25 52:20 53:5,9 54:8 omission 24:12 on-point24:5 once34:6 35:24 49:10 ones27:24 28:19 opinion 7:23 25:10 35:17,20 35:21 37:11 39:2 51:19 opinions 19:1 opponents 21:9 opportunity 4:13,15 18:3 18,21,23 19:5 19:24 20:19,20 21:21 28:20 42:25 43:9 44*6,11 51:21 5123,24 53:11 opposition 21:10 option 3:15 14:18 options 3:14 order2:6 30:12 ordinance12:18 13:6 14:8 50:9 ordinances 33:11 org 44:21 organizations 18:20 43:4 44:19 45:6 original9:2 outline 2:8 outside 3: 6,13 10:6 11:7 12:3 44:4 overdevelop... 50:13 overlooked 15:3 24:13,19 25:11 26:7 overruled 38:18 oversight18:6 overstretched 37:16 overturn 21:18 overturned 22:1 24:4 37:10 38:19 41:4 owners' 14:16 owns 35:10 P 10:14 p.m 1:7,7 57:12 packet9:5,15 Pamela 1:15 3:1 panel12:24,24 13:3,4,10,17 13:22 15:1,17 25:7,25 26:7 29:10 38:13 40:8 panel's 14:19 papa 10:14 paper28:2 37:13 40:22 paperwork 19:17 parcel13:8 parks51:3 Parris 1:15 3:1 3:1 5:25 6:1,4 6:7,11 8:8 9:11 26:20 29:7,8,24 30:3 30:7,10,22,25 31:7,14,19,23 32:1,7,14,16 32:23 33:7,24 34:3,18 44:22 51:9,10,19 53:16,17,20,23 54:14 56:7,11 56:16,22 57:4 part7:3,12,12 7:25 25:14 32:3 44:16 particular 13:4 13:8 38:16 Pass 14:8 passed 12:18 33:11 Pau 11:16 2:19 37:8 44:20 pay 22:6 50:18 Pelican 1:4 10:12 12:20 pending 10:10 penny SO: 18,18 people 18:9,10 19:6,8 21:24 26:17 27:17,18 28:13,18 30:17 30:18 34:22 40:19 43:5 44:8 46:4,5 47:3,6,12,13 47:15,23,25 48:1 50:4,15 51:3 percent34:5 47:9,12 49:16 perfectly 4:10 period 11:19 permission 12:8 person 3:10 4:10 22:22 persona135:17 35:20 pertain 56:10 pertaining 16:14 56:15 petition 14:20 14:22 15:9,11 15:15 17:19 21:4,7 26:10 phased31:13 Phonetic44:20 pick 7:10 piece 9:1 30:19 place 11:11 23:24 27:23 36:2 40:23 49:2 placed 40:22 plan 8:22 29:25 30:24 31:3 38:24 39:11 48:18,20,24,25 planned 31:6 planning 39:10 plans 28:1 32:4 48:21 50:3 plat31:10,10,15 31:16 32:4 48:4 please 12:3 19:11 22:9,16 point3:22 12:1 12:8 17:9 22:13 25:6 38:18,22 39:8 39:13 40:1 41:7 54:6 55:19 points 3:17 4:18 VERO BEACH COURT REPORTERS 772-231-2231 11 20:13 26:22 29:8 political 23:8 po114:23,25 pool4:23 poor18:6 position 15:7 24:22 36:8,11 36:12,13,20 46:2,3 51:23 52:1,2 possibility 30:12 possible 4:5 21:10 possibly 25:4 51:1 post 13:5 38:1 potentially 31:17 precedent24:3 24:6 preclude 14:4 predicament 18:8 prefer26:2 preliminary 31:10,10,10,15 31:16 32:4 48:4 prepared 6:5 10:2 present3:14 16:11 presentation 10:1 12:10 17:14 40:3 presentations 9:6 presented 16:11 40:12 preserve25:24 press35:14 presumably 14:9 pretentious 39:18 pretty 11:12 28:15 prevent51:13 previously 10:17 price 43:15 prior30:11 priorities 19:2 private 6: 21 privately 10:22 pro 46:2,3 47:11 probably 25:13 25:19 28:16 29:12 48:5 problem 32:14 34:19 problems 5:6 procedural 5: 19 6:24 25:17 procedurals 18:16 procedure2:7 2:16 3:8,15 5:4,8,11 12:17 14:8,20,25 17:2,4 30:1 42:11,14,14 45:11 procedures 40:16 46:12,23 50:8 proceed 6:1 13:18,19 proceedings 12:6 58:11 process 14: 5,16 16:7,13 17:25 18:14 29:16,22 30:15,18 31:8 32:21 33:5,9 34:8 36:1 40:16 46:12 50:5 51:16 produced40:22 professional 42:13 promise 21:13 23:9 promised 22:25 23:20 proper50:8 properly 18:7 18:13,19 property 9:1 14:12,15,17 15:5 27:20,21 27:23 28:22,25 29:5 30:19 31:4,12 32:3 34:5,9 35:11 35:12,15 37:13 39:23 41:1 42:20 43:6,23 49:10,11,13,25 50:15,20,24,25 51:7 property's 35:19 proposed 13:5,9 38:5 proposition 14:15 protect12:5 protected 39:3 protections 31:18 provide 4:18,24 6:15 7:11 43:23 provided 9:5 provides 10: 21 providing 26:18 provisions 43:20 public8:21,22 11:11,23 14:9 36:1 47:2,4 56:3 58:9 published 3:23 PUD 31:6,8,9 48:4 purely 34:5 purpose8:9 11:11 purposes9:16 9:20 pursuant10:19 10:19 pursue26:15 27:19 put3:7 9:15 19:8 22:19,20 35:14 37:12 42:19 43:24 50:3 quasi-judicial 40:17 question 3:17 4:9,10,12,14 7:14 23:23 25:22 32:20 36:14 37:2,5,7 39:5 42:10,15 50:22,22,23 54:14 56:6,8 56:12,14 questioning 39:11 questions 4:18 15:22 16:1,20 16:22,25 17:1 23:12 47:25 48:1 56:10 57:5 quick 3:8 quite47:6 48:2 VERO BEACH COURT REPORTERS 772-231-2231 01M ramps 43: 21 44:2 50:15,16 50:17 51:5 ran 19:3 22:25 read 28:2,24 30:17 37:9,24 40:11 42:18 readily 7:17 reading 33:12 37:25 38:3,11 50:9 readings 14:9 ready 48:5 real3:8 53:5 realize 27:5 really8:12 12:5 12:14,24 13:12 13:16 21:4 26:4,9 27:16 38:12 reason 4:6 5:20 13:10,13 18:9 19:8 23:24 35:13 46:24 47:2 reasonable 11:19 17:14 51:15 reasons52:22 rebuild 46:21 recall17:17 recap 12:16 13:11 recapping 12:13 reconsider15:1 record 5:22 7:12 7:13 10:4 52:10 58:12 recourse 26: 11 redo 20:18,21 redone20:23 refer9:21 regard 24:7 register 52: 11 18:24 reheard 18:19 rehearing 14:20 15:6,9 25:7,14 25:15,23 26:5 26:6,11 36:21 36:22 reiterate 52:22 rejected 12:24 13:10 related 3:24 relatively 24:12 24:19 released 12:1 relief 21:8 remain 13:24 remember 17:20 42:11 45:8 remind 10:24 19:23 20:3 45:25 reminded 20:17 removed 19:7 renegotiate 21:19,21 43:11 43:11 45:15 53:7 report 58:11 reporter 2: 5,17 6:16,20 7:12 7:24 8:6,16,17 9:20 58:20 reporter's 11:18 requirements 24:14 31:25 requires 13:5 research 49:1 reserve 23:10 respect19:10 48:12 response 17:20 17:23 46:7,10 46:11,12 49:2 responsibility 28:21 rest 30:7 reverse 15:18 review 15:15 37:14 42:24 revisit25:9 rewrite 30:11 rhetoric 47:18 49:5 50:6 ridiculous 29:15 right2:3,15 4:4 6:19 9:13,24 16:3,18 17:9 17:11 18:20 20:11 21:12,20 22:20 28:8,16 29:4,7,14 34:1 35:10 38:19,23 40:7,20 41:19 41:23 42*5,21 479,20 48:7 51:23 52:14,17 53:24 54:1 56:20 rights 26:13 river 10:12 43:23,25 44:19 49:19 58:2 RM8 31:25 road 28:3 roads51:4 rolling 46:20 50:11 room 2:16 7:1,2 7:7,23 12:14 17:13 round 4:16 23:13 rounds 4:22 rude 12:4 rule 4:18 ruled 24:25 41:4 rules14:23 ruling 9:2 21:12 S San 34:15 satisfied 38:25 satisfy 51:13 saw 17:24 saying 18:12 23:20 24:2 31:1 41:8 47:8 47:16 48:14,17 51:17 53:10 says 3:12 7:5 31:4 37:12,24 38:10 49:8 scares 38:23 scope 11:7 21:13 scratch 42:24 screaming 50:12 script 10:3 sealed 1:6 11:20 Sebastian 1:1,1 1:4,10 2:1 10:14 12:16 13:23 14:7 22:6,7 27:6,7 27:22 28:8,21 34:15 35:20 39:9 43:16 44:1,1,2,19 47:10 49:19,24 49:25 50:1,19 50:21,24,25 51:1 52:7 second 3:16 14:18 21:16 23:13 50:5,10 second -level 21:6 26:10 second -tier 15:11,15 Section 10:20 see 6:22 17:24 VERO BEACH COURT REPORTERS 772-231-2231 13 18:12,13,13 22:4,4 27:9,13 29:20,24 35:1 48:4,22 52:4 seeking 15:20 seen8:11,13 29:11 38:25 send24:25 56:24 sense11:3 17:15 26:19 29:10 sensibility 25:17 sensible 27:6 sentences37:23 septic 47:18 49:15 50:12,12 Serota10:7 served 10:7 service 35:5,6 session 1:3 2:6 3:24 7:7 8:11 10*18,19 11:11 11:20,23 13:14 19:25 sessions 11:6 set5:9,12,13,14 8:2 settled11:25 settlement 10:16 11:2,12 19:14 44:12 seven 28:24 shindig 20:3 shoulders22:24 show 7:16 showed 50:10 showing 38:6 38:12 52:5 shows9:3 38:16 shut 21:20 43:9 side 18:8 30:5 sight 22:10 sign 44:24 signed 44:18,19 46:16 signs 44:24 similarly 14:7 simple 47:5 48:16 simply 12:5 13:21 14:1,14 21:11 25:18 single 21:6 39:14 51:7 sir3:5 6:20 7:20 21:12 23:19 25:23 29:6 32:22 36:9 37:7 48:11 51:8 55:3,9,11 55:13,17 56:5 57:8 sit 20:20 site 32:4 sitting 42:23 six 20:25 28:3 Skelter34:24 slow 18:10 19:6 small 24:12,19 27:16 47:23 social30:17 Society 1:4 10:13 12:20 21:9 44:18 somebody 30:9 sorry 5:10 6:3 6:23 36:10 48:10 53:19 56:13 sound13:1 Sounds2:13 space49:16 speak 17:1 18:14 speaking 42:2 48:14,14 Special 1:17 specific 16:20 specifically 10:15 11:2 specifics 34:9 spent21:22 spoke47:13 52:21 sprawl51:13 Springs 34:15 square 49:11 SS 58:1 St49:19 staff20:20 21:16,22 46:17 stands 56:20 start2:18 16:3 16:4 23:20 34:20 35:7 52:2 state 46:21 52:1 58:1,9 statement 38:6 statute 10:20 11:8 13:4 37:9 37:12,21 38:10 statute's 37:15 statutory 10:24 12:3 24:14 stay 3:23 20:6 27:1 stenographic 58:13 stenographic... 58:11 step 3:12,16 14:14 21:5 25:19 31:9 steps 3:11 stick 19:11 stipulation 42:19 stop 18:23 22:20 25:1 27:1,2 44:13 45:15 stopped 18:19 stopping 20:22 storm 44:25 straight 25: 21 strategy 11:3 straw 51:25 Street1:30 35:1 stuff8:12,13 20:7 23:17 30:17 35:7,25 36:5 40:11 47:19 subdivision 34:21 subdivisions 34:14,16 43:5 subject13:22 29:18 Subsection 10:20 suggest 24:11 25:10 Sunshine 10: 21 11:4,6 12:7 support52:6 supposed 26:4,4 27:7 41:22 50:20 sure 2:9 3:9 10:3 11:24 12:6 18:18 23:15 33:4 55:4 surf46:20 surrounding 27:11,18 28:9 49:17 sway 25:4 swe1147:22 table22:3 34:2 43:3 45:16 VERO BEACH COURT REPORTERS 772-231-2231 14 tactic 43:12 take8:10 11:11 11:17 28:12,15 31:20 36:2 49:1 takes 13:2 talk 50:14 57:1 talked 43:1 talking 4:21 9:23 17:4 20:7 23:17 25:16 34:20 38:1 51:14 52:11 tanks47:19 49:15 50:12,12 target4:20 45:3 46:25 48:7,11 48:13 taxpayers18:4 taxpayers'20:5 21:23 technical18:22 technically 14:22 15:10 tell21:9,9,22,22 24:3,6 27:8 34:13 35:10 40:5 52:21 55:18,22 56:1 tending 12:2 terms 13:15 15:21 thank2:14,15 3:5 12:12,12 22:9 23:10,19 26:23 29:6 32:25 33:7,7 37:20 38:14 42:7 51:8 54:11,13 theory35:3 thing 9:14 18:19 21:16 23:21,22 27:6 34:15,17 34:22 35:22 41:12 43:19 47:7,8 48:2,20 48:23 51:7 things9:21 16:1 22:18 31:3 40:14,18,18,19 44:3 49:14,21 think2:16 12:4 13:13 15:25 16:13 19:18 21:16 22:1,10 22:12 23:2,2,3 25:13 26:7,22 29:25 30:18 33:1 34:24 35:7,13,21 36:6,16,17,18 43:13,18 45:10 45:12 48:16 50:24,24 51:17 51:21,21,22 52:8 thinking 35:7 third 17:13 thought48:20 thousands18:4 18:5 three 8:19 18:2 18:9,15 19:7,8 20:12 24:25 25:8 26:17 28:5 29:11 36:17 44:8 46:4,15 47:15 48:5 54:9 three -judge 12:23 15:1 25:25 40:8 three -minute 40:15 46:25 47:2 three -panel 16:17 three/two 55:7 tied 20:24 time 3:10,18,20 12:2 14:9 16:10,25 17:2 19:1 21:14 23:10 29:13,25 36:19 39:13 40:1 41:7 42:2 42:9 47:3,6 50:4 times 46:24 today 5:16,17 10:9,23 11:9 13:13 48:15 told 7:2 17:18 17:22 20:1 47:17,18,19,20 tonight 39:15,21 39:23,24 41:5 41:6,12,13,20 topic 3:23,25 20:6 48:10 tough 39:5 town 20:22 34:14,16 39:2 39:3 44:20 track 32:15,19 33:2,2,3 tracks 18:19,23 trailers 43:25,25 tran 18:6 transaction 18:6 transcribed 11:19,20 transcript11:22 12:1 58:12 transpired 20:17 tried 39:6 true 58:12 truth 35:18 47:20 try 4:6 12:5 17:12 26:5 30:9 41:10 trying 4:1 33:4 55:18 turn 9:25 34:1 42:16 two4:7 9:11 12:20 14:9 20:12 33:10 37:23 40:22 46:19 54:10 type27:14 Uh-huh 26:20 30:22 31:7,14 31:23 32:1 ultimate 50:23 ultimately 7:2 11:23 uncomfortable 34:11 undergo14:16 understand 17:15 18:25 22:22 23:14 29:20,21 32:22 32:24 33:6 46:2,3 47:17 54:11 understanding 3:14 understood 23:16 33:5 underwent 12:17 undone 12:22 unincorporated 12:18 13:24 uninterrupted 3:10 unit 31:6 43:15 unreasonable 32:21 VERO BEACH COURT REPORTERS 772-231-2231 W untrue 49:9 uphill25:13 upset28:7 urban 35:4,6 51:13 urge 15:16,17 use 8:23 22:5 25:4 30:23 31:2,21 32:2 33:13 43:12 48:1 50:14,16 50:16,17 v 1:4 10:13 vastly 24:11 Vero 27:9,10,17 versus28:6 Vice 1:14 2:25 2:25 5:5,6 9:12 16:4,5,10 16:15,18,24 17:6,9 23:11 23:14 32:15 36:7 38:20,21 39:19 40:13,24 41:2,17 42:9 46:6,9 54:2,4 Video 1:15,17 Viera 28:16 violation 11:4,6 12:7 voice5:3 15:8 voluntarily 14:2 14:6 voluntary 12:17 12:19 14:3 27:20 vote5:3 6:6 11:9 17:13 39:15,17,18,20 39:20,25 45:25 51:25,25 53:9 53:13 54:10,16 54:18,19 55:7 55:9,11,11,12 55:13,19,23 voted 47:12,15 votes 11:10 voting 6:14 39:23,24 Wait 52:18 waive 44:14 45:18 56:25 wake 28:23 want5:1 7:21 8:7 9:14 10:3 11:8,16,24 12:5 15:23 16:22 18:13,13 19:12,23 20:2 20:13,13,13 21:24 23:9,15 26:15 30:8,8 33:22 35:17 39:3,9 40:5 41:9,9,10 48:15 50:14 51:12,12 54:25 55:3,5,6,15 56:7,15 wanted 14:14 14:15 17:23 26:11 33:24 47:3 wants 4: 8 11:14 22:6 43:2,11 43:11 44:5 45:16,20 wasn't 46:14, 22 waste 36:18 water 44:21,22 way9:22 12:13 12:16 22:7 33:2 34:11 37:15 39:6,12 43:7 48:3,11 ways 14:19 we'll8:10 25:19 34:2 55:10 56:2 we're 4:1 7:22 9:22 10:9 11:1 14:21 15:19,20 16:23 17:16 19:13,24,24 20:7 31:1 32:11,15 33:2 38:23 39:8,14 39:16,17,20,22 39:24 40:1,2,7 40:8 41:5,6,22 41:24 46:3 48:4 50:2 51:6 54:6,21 55:13 55:14,17,19 56:20,21 we've 6:15 20:7 20:7 21:3,22 27:1 35:25 42:12 51:24 weaving 27:3 weight 22:24 Weiss 10:7 welcome 28:7 went8:21 11:7 34:14,16 45:11 46:24 47:2,5 48:24 50,71718 weren't 35:4 willing 5:4 win 23:6,7 40:6 44:11 45:9,10 45:13 52:8 wins 45:13,21 45:22 wish 3:18 4:17 wondering 16:5 word 10:16 55:19 words 30:4 work 34:23 35:24 36:5 workforce 32:6 workshops 35:25 50:3 51:14 worse 35: 21 wouldn't 14:24 18:7 25:20 26:18 40:4 44:17 47:4 writ 14:22 15:11 21:4 written 37:16 38:24 wrong 14:24 20:2 23:21,21 37:10 40:23 45:4 wrote 5:16 yea 41:6 yeah 7:21,22 26:14 30:10 32:16 37:3 41:24 44:23 49:4 52:15 57:9 year19:3 48:23 years19:3 27:15,15 48:5 zero 29:1,2 49:15 zoning 8:23 22:18 31:5,16 31:17,24 Zoom 1:15,17 8:19 10:6 08/08/2023 VERO BEACH COURT REPORTERS 772-231-2231 16 58:21 17:25 30 28:13,13,17 10034:5 47:9 loth 19:3 12251:10 131:7 2:1 14210:14 150,000-plus 28:13 17,000 27:17 19A 10:14 19AP1421: 5 2 2 4:19 20201:7 2:1 58:14 26TH 58:14 286.01110:20 3 30 47:6 329581:10 36413258:21 4 45 49:17 4th 35:1 5 5:071:7 50 49:16,17 50,000-plus 27:17 58th 27:13 34:25 6/303:25 6:141:7 57:12 66th 27:13 35:1 70 47:12 70- 20:4 810: 20 80,000 20:5 82and48:7 82nd 31:20 48:7 95 28:11 VERO BEACH COURT REPORTERS 772-231-2231 Fri Council Executive Session CA July 13, 2020 Discussion and Direction Setting for Graves Annexation Meeting Procedures In order to allow each person to have uninterrupted time to address their issues, concerns and have questions answered the following meeting procedures are proposed. 1. The City Attorney, outside legal council, and City Manager will present their understanding of the case and options for the Council to consider. 2. Each Council member will have the floor to question the attorneys and make points or observations that they wish. 1. During this time the Council member who has the floor will not be interrupted, it is their time to address the Council and make their argument. Members are encouraged to stay on the topic, which is what action should be taken related to the appellate court decision filed 6/30/2020. Keep comments as brief as possible so we may reach our goal to complete this meeting in less than two hours. 2. If a direct question is asked of either the Attorneys or another Council member by the member who has the floor, it can be directly answered. While answering the question the floor belongs to the person who is answering and they will not be interrupted. 3. Once each Council member has had an opportunity to address the Council. We will have another round of discussions by the Council members if needed, following the same procedures as outline in #2 above. 4. After the Council members finish the second round of discussions 4he floor sAtill he J.-...J:....y. u+t ui,N1 pool tr�•rw ��� 5. ac o tuber 'she 'scu o . 'or to g, owing the proc ures in step 2 above. By voice vote please indicate if you agree with these procedures. Mayor Dodd Vice Mayor Mauti CM Parris ILI— CM Hill CM Gilliams 0 y �z ao z � °U U, z oi 4V — t, o z Q NLL ELy x 1 ' 0 LZU K W U b LJ a U) .d F1' 411 Ili �'� Q i4 Z r._._._._,_,. I FELLSMERE I a NOTICE OF PUBLIC HEARING FOR COMPREHENSIVE PLAN LAND USE MAP AMENDMENT :M OF SEBASTIAN, FLORIDA W ti O woorox.en _ O oxvmmrnvrrnoxsev n Fwze Vwncnvmnlx.suaMrMRYTa6 a+u?F I�.nwv.r armamxio. wm, a�rv'mM vimwremi,nr TRLa0Za6399-0I. MD ,FP�. i EXHIBIT wit•_` .:� �s�w,.. o Ial - a TOTAL AREA TOE C� ANNEXEDNNE%ED-INCLUDES .{ ALL RIGHTS OF WAY I DEDICATIONS.- - 31,118AC I 3 y 1 I L_ I, q �= © -- l\�'CLaw-