Petition updateSTOP THE BAHIA MAR FIASCO AND THE WAVE TROLLEY FOLLYCITY COMMISSION BAHIA MAR MEETING VIOLATED FLORIDA SUNSHINE: MUST BE APPEALED AND NULLIFIED
Citizens Against Bahia Mar Fiasco
Dec 9, 2017
The Mayor and certain City Commissioners violated State Sunshine Law in the conduct of the December 5, 2017 City Commission Meeting regarding Bahia Mar. The Meeting’s Bahia Mar agenda items commenced at approximately 8:00 pm and did not adjourn until after 3:00 am. The Public Hearing on the Site Plan was Closed at approximately 2:00 am at which time Discussion among Commissioners was opened to the Floor prior to the vote. The second Bahia Mar Agenda item, the Lease, was them opened for Public Hearing. By that time the standing room only crowd in attendance earlier had dwindled to only a few people in the audience. Dozens of names of people were called who had signed up to speak but who had been forced to leave for reasons of age, health disability, security and transportation or family and work responsibilities due to the post-midnight. Previous controversial Bahia Mar meetings have been conducted in a similar pattern by Mayor Seiler, knowing there would be large public attendance. Following a previous post-midnight Bahia Mar Meeting Marathon by the Mayor, an elderly woman who stayed until after 2:00 am, collapsed on her way home, broke her hip and died the next day from the injury. The Mayor’s pattern of late night meetings is commonly acknowledged as his Strategy of wearing down the vast Public Opposition to the Bahia Mar Proposal. Other Sunshine Law Violations pertain to the conduct of Commissioners Roberts and Mckinzie who were observed at various times standing behind the dais talking to each other privately during the public testimony. They were also observed on at least several occasions leaving the dais and walking out to the Lobby IN THE MIDST OF PUBLIC TESTIMONY. Commissioner Roberts’ campaign manager and lobbyist for the Bahia Mar Lessee was also camped in the Lobby on her phone all evening and even brought in pizza which some of the Commissioners shared during Meeting intermissions. Phone call and text message logs among these individuals and the Lessees should be supeoned Some other aspects of the Florida Sunshine Law that were violated: The Florida Sunshine Law “...requires, implicitly, that reasonable notice of public meetings be given to the public, that the notice must reasonably convey all the information required, and that it must afford a reasonable time for interested persons to make an appearance.” “Meetings of municipal boards and commissions may not be held “at any facility or location which discriminates on the basis of age...or physical handicap or which operates in such a manner as to unreasonably restrict public access “...applies to discussions and deliberations as well as to formal action; therefore, the law is applicable to any gathering where the members deal with some matter on which foreseeable action will be taken by the council.” If these blatant violations of the Sunshine Law occur in the context of “open meetings”, what other violations occur behind closed doors. The results of the City Commission Meeting on Bahia Mar must be appealed and set aside! The source of these applications of the Sunshine Law is the Government-in-the-Sunshine Manual: Florida’s Government in the Sunshine and Public Records Law Manual, revised annually, prepared by the O ce of the Attorney General, State of Florida, and the First Amendment Foundation. Copies of the lat- est edition may be obtained from the First Amendment Foundation, 336 E. College Avenue, Suite 101, Tallahassee, FL 32301, (850) 222-3518 or 1-(800) 337-3518, www. oridafaf.org.
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