Built from the City's minutes records — no AI-written textBriefing final
The City's record
What the City's record shows
Built only from the City's minutes (633_SA_Reg_Minutes_09_01_2022.pdf). Page numbers are the minutes' own. Discussion is in the minutes' text; it is not summarised here.
Attendance (the roll call)
Listed present when the roll was taken: Dick Bankhead, Cynthia Johnson, Shan Lathem, Mike Mervis, Kimberly Prosser, Jennifer Riggs, Joy Rutherford
(Checked against the ballots and the printed roll lines; no independent membership list of this board is available to confirm that the roll is complete.)
Absences: no absence line could be read from the minutes' text, so none is stated here; the first page of the minutes is the record.
Also listed as present (staff and other roles): Kristin Eick (Board Attorney), Stockton Whitten (City Manager), Mike Blake (Mayor), Lorraine Koss (Councilmember), Alex Goins (Councilmember), Monica Arsenault (Assistant City Clerk)
Named on at least one ballot later in the meeting: BANKHEAD, JOHNSON, LATHEM, MERVIS, PROSSER, RIGGS, RUTHERFORD (participation, which can differ from the roll: arrivals and departures are in the minutes' text)
Adopted actions (4)
to ADJOURN THE REGULAR MEETING OF SEPTEMBER 1, 2022 (moved by JOHNSON, seconded by RIGGS); PASSED 7-0; ayes: BANKHEAD, LATHEM, JOHNSON, MERVIS, PROSSER, RIGGS, RUTHERFORD; nays: none — the City's minutes, p. 5
to ELECT MICHAEL MERVIS AS CHAIRPERSON (mover not read); PASSED 4-3; ayes: MERVIS, PROSSER, BANKHEAD, LATHEM; nays: JOHNSON, RIGGS, RUTHERFORD — the City's minutes, p. 2 Added from the minutes, page 2: the minutes' reader had not recorded this vote.Printed on page 2 of the minutes.
to ELECT BOARD MEMBER LATHEM AS VICE CHAIRPERSON (mover not read); PASSED 4-3; ayes: BANKHEAD, LATHEM, PROSSER, MERVIS; nays: JOHNSON, RIGGS, RUTHERFORD — the City's minutes, p. 2; the vote on p. 3 Added from the minutes, page 3: the minutes' reader had not recorded this vote.Printed on page 2 of the minutes.
to APPROVE THE AGENDA FOR THE REGULAR SUSTAINABILITY ADVISORY BOARD MEETING OF SEPTEMBER 1, 2022 WITH AN AMENDMENT TO MOVE ITEM II.3 TO ITEM III.1 (mover not read); PASSED 7-0; ayes: BANKHEAD, JOHNSON, LATHEM, MERVIS, PROSSER, RIGGS, RUTHERFORD; nays: none — the City's minutes, p. 1; the vote on p. 2 Added from the minutes, page 2: the minutes' reader had not recorded this vote.Printed on page 1 of the minutes.
Motions not adopted (3)
to MEET ON THURSDAY, NOVEMBER 3° (moved by RIGGS); died for lack of a second (no vote was taken) — the City's minutes, p. 4
to ELECT CYNTHIA JOHNSON AS CHAIRPERSON (mover not read); FAILED 3-4 (result not printed; worked out from the count); ayes: JOHNSON, RIGGS, RUTHERFORD; nays: BANKHEAD, LATHEM, MERVIS, PROSSER — the City's minutes, p. 2 Added from the minutes, page 2: the minutes' reader had not recorded this vote.Printed on page 2 of the minutes.
to ELECT CYNTHIA JOHNSON AS VICE CHAIRPERSON (mover not read); FAILED 3-3 (result not printed; worked out from the count); ayes: JOHNSON, RIGGS, RUTHERFORD; nays: BANKHEAD, LATHEM, PROSSER — the City's minutes, p. 2; the vote on p. 3 Added from the minutes, page 3: the minutes' reader had not recorded this vote.Printed on page 2 of the minutes.
Agenda (the City's wording)
The City's agenda for this meeting is on file (SA_Reg_Agenda_09_01_2022), but its item list has not been read reliably by machine yet, so no outline is shown.
Transcript Partial transcript
Machine transcription of the meeting recording. The words are the recognizer's, except where a passage is marked as corrected or machine re-recognized; most have
not been checked against the audio, so words, numbers and names can be misheard.
It describes what was said. It cannot establish who voted how, an amount or an outcome — the City's
minutes do that (above).
A time links to its passage, and “Copy link” copies that link. No recording can be started from here.
164 suspect passage(s) marked in place; inspection incomplete: language review; 1 stretch(es) where a voice was detected and no words were recognized.
How this transcript was made. New machine transcription of the whole recording, with 9 voices separated from the audio.
12 short machine repair(s) (14 word(s)) are labelled in place, with the original words beside them: an ordinary word was replaced only where two further machine readings agreed on a different one.
Checks run on this transcript: the recognizer's own warning signs and whether a voice was detected where the words are. Not completed: language review.
A second, independent machine reading was compared with it word by word: the same words for 94.1% of 7,198 content words.
Dotted words (170 places) are ordinary wording differences: hover or tap to see the other reading.
164 passages (20% of the words) are marked suspect: their words are not shown ("unclear audio") and support no statement: numbers, amounts, negation or names differ; the language review questioned them; or no voice was detected there.
Agreement between two machine readings is not verification.
Inspection is incomplete: language review.
Voice detected, no words recognized (1 stretch). Something may have been said here that the transcript does not have:
00:41:15 (10 s) — neither reading has words
Speakers were separated by voice. A plain name rests on evidence tied to that voice; “provisional” is a name from an earlier text-only pass and is not verified; “Speaker N” is an unidentified voice.
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on the road. Alright, thank you all. We're going to start. Obviously at the first meeting we don't have a chair, so I usually take those duties until you guys decide how you want to proceed in that room. So we have an agenda in front of you. I would ask that you approve that with one exception. And one exception is the selection of the chairperson and vice chairperson. It should probably be the first order under new business. And I ask that because Mrs. Prosser, and I got a name played on here, is on the phone and can only be with us for probably less than the first hour there. So I think you know, I'll vote of the full committee as you're voting on chairperson and vice chairperson. So if you'll indulge me in moving new business item 2-3 to new business item 2-1 and everything just sort of slides down like that. And I think I can do that by consensus. Yes, sure. Yes. Thank you.
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that you assist us in making good decisions and respecting the opinions of all. These and all of the blessings we ask in your son's name. Amen. Amen. All right. So, we'll
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spent a lifetime working for the future and with children, and that she has a heart for this issue and a deep knowledge of the ‸ area. And I think she's very committed and would do a wonderful job.
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It's pretty close on a conflict of interest, I would argue, but I'm not a lawyer. So, but I did stay on a holiday in this. Yes. I don't know either of the people well enough. Put me in an uncomfortable position for starting the. So I will stand by what I said, and that's why I nominated Cynthia, but I'm going to vote this way.
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this to be a long meeting. So, um, I'll take you through that. I apologize to the business sponsor because I don't think she has this PowerPoint presentation. We can email it to her.
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resolution, 2017-137 actually establishes the sustainability committee. Uh, since that time it's been, um, renamed to the sustainability advisory board. Um, and so, uh, that was a re-name. And, uh, the committee's, uh, purpose, the intent of the committee is it's an advisory committee for purposes of identifying any recommendations concerning and facilitating the use of development, use and development of sustainable activities and practices in the city of
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Most of the time, uh, they'll be here if you want. We do have a larger conference room up on the third floor. And so sometimes we may, we may have to have meetings there. Uh, and again, all the bullet points are within the resolution. So I'm not presenting anything that's not actually in the black and white of the resolution. Uh, the meetings are coordinated and scheduled through the city manager.
those meetings. And so for me, you know, if you, if you out of the box, if you look at a quarterly sort of set up for your meeting schedule, that probably is, uh, easily accommodated by me. Um, says a portion of the meeting will be reserved to take a ‸ public input relevant to the issues that you're considering. Um, sustainability and resiliency. Uh, Kristen, again, may talk a little bit more about that in the, uh, in the, uh, sunshine presentation. Obviously we need an agenda.
and filed for the record, uh, with the city clerk's office there. So again, a public meeting that is actually noticed, uh, and recorded and, uh, on file in the clerk's office. And I can, I can stop for questions, Mr. Chair, if you have them. I'll just keep rolling through and you can stop me at any time. And so, uh,
without compromising the ability of future generations. To meet, uh, their own needs resiliency means the capacity of a system to absorb. And I'll let you read that for yourselves.
the initial focus of, of the, uh, sustainability, um, board was to. To advise and assist the city in establishing a written, uh, sustainability and resiliency plan. And it says that was the primary focus and task. So, so again, and it's written exactly that way. Um, the first order of business, the primary order of business was to ‸ actually establish the plan.
and so we didn't print that out. I think we gave you hopefully a one page, uh, sort of sheet that gives you a link, uh, to the plan. If any of you want that, uh, us to print that hard copy,
print that. Just let us know, but, but we thought maybe, um, since it is the sustainability, uh, board that you may want to actually access that, uh, electronically. Again, stop me when you, when, and if you have questions.
the plan is approved, the role of the board is to continue to advise and assist the city regarding, uh, implementing, monitoring and assessing the performance of each section initiative strategy, um, policy and program set forth in the plan. So,
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or modifications to the plan. And it says on an as needed basis there. So you have a plan. If you, as a committee feel like you need to modify, update that plan again, that's under your scope also. Um, and then it says at the written request of the city manager, um, the board may also evaluate and provide recommendations on the topic of sustainability and resiliency consistent with the resolution. That's kind of broad.
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we're gonna ‸ try to not to, to overtax them with regards to, to minutes there. So you may see, uh, sometimes Monica and our, uh, Carrie and my administrative assistant, Kathy. Um, and so,
‸ can I ask one question, Dr. In looking at the, uh, sustainability, that whole packet, there's a ton of things and viewpoints and issues. And it's, it's,
is, is the thought that this committee, when, when the council approved it, is the thought that this committee should constantly be looking at that and trying to bring it up to date or apply it to what's going on? Or it seems to me that, that there's a lot of, it's a very broad, it's very broad in scope. And I was wondering if we could get a little more insight on what the council was looking for when they started the process.
Yeah. And I, and I wasn't here when the, um, when the plan was created. I think I was, I think it was created the first meeting I became city, uh, approved the first meeting I ‸ became city manager. So, so it wasn't here during the creation.
point, which says that, that you, you, you all, uh, as a, as a board have under your responsibilities, the ability to continue to make recommendations regarding any updates or modifications to the plan.
then that's, that's your prerogative and under your scope. And that's as far as I can give you in terms of, uh, what the boards of the councils intent in terms of it being a living document that can be modified.
I had a followup question to that and it's, if there are items that come before city council, um, that may have a sustainability component. Is that something that the council member who is the liaison to this board would approach us about?
Yeah, that, that, that would probably come through me. So I would think that if there was something that the city council wanted the sustainability, uh, board to address, they would give me that direction. And then I would bring it back to you. And, and again,
Yeah, that, that to, to me, I, I've given you the two bullet points. The first one in terms of the read of the resolution says, uh, and I, I think I can go back one. It says, you know, the primary focus was actually to create the plan. Um, what happens after the plan is created, you go to this bullet point and it says after the initial plan is created, then the job is to continue to advise and assist regarding implementing, monitoring, assessing the performance of each section. So I would say, yes, that's your primary function is to, to, to monitor, um, the plan to determine how well it's being implemented. Okay.
that plan, please. I can speak to the intent of the meetings that led to the formation of the sustainability committee and all of the work in developing that plan.
coming in on the committee, that was, you know, that was pointed out to me. And I'm asking, but my understanding is that you can make updates or modifications or changes. And I'm asking.
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just, ‸ we've got a document. It's pretty complex. It's very broad. And the idea, I just was scribbling in my notes. Maybe it'd be a good idea at a first meeting to kind of walk through that document.
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Good evening, board. So I was asked to just prepare a little bit of a training session, I suppose, on Sunshine Law, Public Records, and I put a little bit in here about the Public Officer's Code of Ethics. So I'll try to keep things brief, but give you a little bit of an overview. ‸ The actual text of the Sunshine Law is pretty short, so I'll just read it to you very quickly. It provides that all meetings of any board or commission of any municipal corporation at which official acts are to be taken are declared to be public meetings open to the public at all times. And no resolution, rule or formal action shall be considered binding except as taken or made at such meeting. The board or commission must provide reasonable notice of all such meetings.
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two or more of the board members. So it doesn't have to be a quorum of you. It just has to be two of you to count as a meeting. Reasonable notice of the meetings have to be given. The statute doesn't actually specify exactly how much notice that is, but you know, the city strives to give ample notice of meetings so that the public can attend if they would like to. And minutes of the meeting have to be taken and promptly recorded and then be made open to public inspection.
me off. So two of us are at Cocoa Playhouse. And we stop. How are you? Fine. How you been? Fine. How's the family? Fine. Whoa, isn't that interesting that there's so much stormwater on the street and we want to find a way to deal with the stormwater better. We in trouble?
Exactly. With, with those kinds of things. I mean, my, my suggestion to you is, is basically, you know, as I've written here, it really applies to discussions of anything that'll reasonably come before the board. So if you're talking about, um, sustainability issues, I would recommend that you do that in, in the board meeting. Um, that's open to the public. I mean, the example you gave is obviously there's very, you know, there's very little detail or anything like that. But,
I, I think any, any discussion about sustainability issues really should be relegated to board meetings. Um, that'd be the recommendation that I would, I would give to you, you know, you can speak, speak to each other about, you know, any, anything that's not related to what this board does essentially.
can be, um, rephrased as saying any communication between two members of the same board on any matter, which may reasonably or foreseeably come in front of the board, uh, must take place at a time and place of which the public has reasonable notice and location where the public has reasonable access.
Uh, you cannot take action or engage in private discussion on board business, um, via email, text message, or other electronic communications, ‸ including things like Facebook.
the attorney general has strongly discouraged you from doing that. However, it's not a technical violation of the Sunshine Law if you don't engage in discussion of that subsequent
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email or whatever. So you could, for example, send an article that you might find interesting to the other board members as long as there isn't subsequent discussion about that that takes place outside of a meeting. Again, it's discouraged. So ‸ my recommendation for something like that would be that you would, if you have something of interest that you think would be of interest to the board you might provide it to Monica or whoever's creating the agenda. And that can actually be placed on the agenda for for a discussion item at your meeting. And that's a good way to avoid, you know, having any risk of discussions going on about that information outside of a meeting
yes so I also wanted to just generally cover that you do need to have a physical quorum present for meetings if you're going to take action on an item. So for example, if you were going to vote on a, an amendment, let's say to the, to the plan, you would need to make sure that all of, you know, a physical quorum of folks are here to vote on that. There was some exceptions made for that during the pandemic, but now those emergency orders have been lifted. So just keep that in mind I
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what what but what the board often does and has done I believe in the past is you might give assignments, let's say, to research something or to maybe make, suggestions or draft suggestions to a plan to the plan. And then, or modifications to the plan, and then it might be, put on an agenda and brought back and discussed all together So you can give out individual assignments and then bring it back to the board to discuss as a as a board
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there is a requirement in the Sunshine Law that members of the public have to be given a reasonable opportunity to be heard on a proposition before you ‸ take ‸ final action on that item. So, just the rule of thumb there is that if something, let's say, gets added to an agenda, it wasn't published on your agenda, but you want to take action on that. You would need to open it up for public comment before you vote on that matter. If you're taking final action. And then, as we talked about earlier,
The only reason that you are permitted to abstain is if you have a voting conflict of interest. Or there may be some other, for example, due process reason that you might need to recuse yourself.
I did include the penalties sunshine law is is very serious. So, you know, it can be actually a criminal misdemeanor if you are to knowingly violate the law. But
And reasonable attorneys fees can be assessed for violations. And any final action that you take would be void if it if it was done outside of the Sunshine. so on ‸ public records I just wanted to cover that basically municipal records are open for personal inspection and copying by any person
or characteristics. Could be an email. it Could be a text message. As long as it's made or received pursuant. As long as it's made in connection with the transaction of the official business of the
Which is intended to perpetuate, communicate, or formalize knowledge of some type. And of course it would include things like emails, Facebook posts, texts, and tweets. Public records do have to be retained in accordance with records retention
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the board, you can contact the city clerk's office about whether or not they have retention value and you need to keep copies of those. If you do receive ‸ records
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on the request. Or it could be, and it doesn't have to be on a particular form or anything like that. So if you believe that someone is making a request to you for records that are related to the city please make sure you let the city
this is the first time that the court has actually identified categories of the types of messages that would be considered public so I laid them out here for you so just in case you're you know considering posting on your private social media account just know that they would be considered public if they meet basically these these any of these categories here and then I just you know gave a very high level bullet points here of the code of ethics requirements I'm not going to read through all of them but I know that you cannot solicit or accept anything of value such as a gift loan favor or service for the purpose of influencing votes or actions
So ‸ essentially in your private capacity, you can't rent or sell any goods, property, or services to the city. You cannot hold conflicting employment or contractual relationship with a business that's doing business with the city.
so my understanding is and everyone probably knows that Mike and I are neighbors my understanding is that I can talk to Mike about anything other than sustainability is that correct
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I'm sorry about that all right any other issues on in this concern on the sunshine law so we can pay attention to that and not talk to each other ever on the street or any place else
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quarterly is fine with me the only caveat I have to it if there was something that we needed to work on at a time when we were you know say it was May or something if there was something we need to work on that we could if we could
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I have a proposal if we reserved the first Tuesday Thursday of the month in case we needed special meetings in between, oh then that would be something that we could kind of hold open and anticipate a rhythm.
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I understand the age-old meeting date scheduling dilemma and that is there's always going to be somebody who can't do it. And we'll try to to work with the majority for starters try to get as many people as we can if we're going to schedule a special meeting
to have a motion about when to have meetings before we start discussing it like we're discussing it right now? Like should somebody move that reason we reserve the first Thursday of every month
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we have a discussion. We have some clarification. But we don't have anything on the floor. this is This is just general trying to set up from an administrative standpoint, how the committee is going to function. so generally is everybody okay with November February May and August and then we're gonna I will try in the next couple ‸ weeks
feel like we should have a monthly meeting on the calendar, a monthly. if We can always cancel it. But you saw how long it took for us to find a date to be able to meet. It took forever. And then finally, they just said, okay put this date aside in September and be there and so that's my concern because I travel a lot too and for nine months I worked around the first Thursday and I made sure ‸ my travel was
suggest this then let's pin down the November meeting and at the November meeting it would be my goal that we would review the sustainability report. And
we can talk about what we think we need to do and decide whether monthly meetings, quarterly meetings, whatever. and work on a quarterly meeting and see if we need addition
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Okay. So we will meet on the 17th and the goal will be to review the report, to to have any comments from from members of the committee of things that they think are relevant, to talk maybe a little bit about some priorities if things need to be tweaked or updated or some things need help I don't know um I've got nothing but scribblings on the margin ‸ so um all right and then we'll decide at that meeting So if everybody could bring their calendar and kind of think about quarterly, locking in quarterly and then talking about whether or not we want to do more than that, based on what we see coming out of the, of our review all of all of that.
Flag: numbers, amounts, negation or names differ between the machine readings · 00:49:55–00:50:00 · unresolved: the words are not shown (unclear audio); listen to the recording
I just want to again point out the second bullet point because I'm going to staff this meeting and your resolution says that they're coordinated and scheduled uh
that's my goal is let's start with let's start with the beginning and let's see where what everybody feels about everything. And then we'll try to find a path that also deals with what the committee feels like they'd like to do and
many resources. and then Mr. Mr. Chairman the last thing for me is in terms of the upcoming agenda it is my expectation that you all will talk about what that agenda will be as a board uh at the meeting as you've done tonight. And then um we'llwe'll place that on the agenda and do whatever homework we need to do. But but the setting of the agenda will be public discussion at your at your meetings.
Flag: numbers, amounts, negation or names differ between the machine readings · 00:53:01–00:53:06 · unresolved: the words are not shown (unclear audio); listen to the recording