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Dear Commissioners.

As we said yesterday, we sent an email detailing the issues we had with Commissioner Curt Smith’s “Censure Ordinance” that was to be voted upon for advertising funding on December 5, but was pulled from  the agenda.

This is a copy of that email.


Dear Commissioner,

As of 10:53 AM on December 4, 2017, the item we discuss below has been pulled from the December 5 agenda.  We do not know why it has been pulled only that it has been pulled. 

However, we believe that the ordinance never should have been proposed or written in the form you were presented during the Novermber 21, 2017 meeting. 

Therefore, because of our concerns with this proposed ordinance, we are sending the email below which we had prepared to send to you today on the ordinance.  We wanted to explain and give citations as to why the ordinance is flawed and unConstitutional as well as offering other means for dealing with certain conduct that is within Robert’s Rules of Order while not infringing on the protected speech of the public.

Thank you in advance for reading this.

Respectfully,

A. Afterwit.


Dear Commissioner,

On December 5, 2017, you will discussing and voting upon Agenda Item VI(F)(2) which is under “New Business,” “Miscellaneous.”

The item is described as “Request for Advertising of a Public Hearing, Re: Censure Ordinance Governing Board of County Commissioners Meetings (District 4)”

This funding request should be voted down as the proposed ordinance is both superfluous and unConstitutional.

The proposed ordinance has basically two sections.  The first deals with the conduct of members of the County Commission and the second part deals with the speech of citizens.

CONDUCT OF COMMISSIONERS.

It should be noted that the Agenda item before the funding request is to discuss: (more…)

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Commissioner’s Smith Request For Advertising Of “Censure Ordinance” Pulled From Agenda.

This past Saturday, we wrote a post on Commissioner Curt Smith’s request for funding for the advertising of a public hearing concerning his proposed “Censure Ordinance.”

The request popped up on the agenda that was revised at 9:39 AM on December 1, 2017.

This is a screen shot of that version of the agenda.

Yesterday, we got a notice from one of our ninjas that the item had been pulled from the agenda. Initially we could not find that to be true by going through the Brevard County Meeting Portal site, but the Clerk of the Courts site had an updated version of the agenda that was changed at 10:52 AM on December 4, 2017. A screen shot of the updated agenda is below.
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If You Loved It As A “Civility Ordinance,” You’re Gonna Love It As A “Censure Ordinance.”

Commissioner Curt Smith (left) and Brevard County Attorney Scott Knox (right.)

We wrote about the ordinance being proposed by Brevard County Commissioner Curt Smith the other day. Initially, on November 21, 2017 in response to another spat with Commissioner Tobia, Smith announced that he was going to propose a “Civility Ordinance” which would deal with the speech and behavior of not only Commission members, but of the general public.

As Robert’s Rules of Order give the Chair of any meeting lots of leeway in dealing with the behavior of people, for citizens that part of the ordinance is superfluous. As for the speech of citizens, as we detailed, that part of the ordinance is unConstitutional under the US and Florida Constitutions. (Nice to know that Smith and County Attorney Scott Knox are not devoted and against those documents, eh?)

By statute, such an ordinance would have to be advertised 10 days before a public hearing:

Florida Statute 166.041(3)(a) Except as provided in paragraph (c), a proposed ordinance may be read by title, or in full, on at least 2 separate days and shall, at least 10 days prior to adoption, be noticed once in a newspaper of general circulation in the municipality. The notice of proposed enactment shall state the date, time, and place of the meeting; the title or titles of proposed ordinances; and the place or places within the municipality where such proposed ordinances may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance.

Smith announced his intentions on Novemeber 21, and as there are 13 days beteen November 22 and December 5, which is the date of the next Commission meeting. There was time to fit the notices into the legal requirements.

Yet as we watched and searched for the “Civility Ordinance” to be put on the agenda, nothing happened.

Smith’s big cause and attempt to censor people was not happening. We were rather stunned. After all, Smith had made such a big deal about the whole thing one would thing that he wwould be interested in following through.

Yet he did not.
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Commissioner Smith’s Proposed “Civility Ordinance.”

Commissioner Curt Smith (left) and Brevard County Attorney Scott Knox (right.)

Yesterday we wrote that Brevard County Commissioner Curt Smith was looking to introduce a “Civility Ordinance” that would mandate the behavior of Commissioners, the staff, people in the audience and those who speak in front of the Commission during Commission meetings. Smith said that he had been working with County Attorney Scott Knox on the preparation of this ordinance since June.

During the November 21st meeting, Smith said that he would present the ordinance for a vote on December 5th, and handed each Commissioner a draft copy of the ordinance.

We decided that it might be a good idea to get a copy of that draft and so we made a request for the draft. That request was handled quickly and efficiently by Commissioner Smith’s staff and the County Staff. Our request was filled in less than a day, and that is more than we could hope for. We want to publicly thank those involved in the response to the request.

(EDITOR’S NOTE: We were sent the ordinance draft in a .docx (Microsoft Word) format. The software we use for this blog requires a third party plugin to embed .docx files. We don’t want to add another plugin to the site, so we converted the Word document to an Adobe .pdf file which is seen below. In converting the file, Adobe removed a watermark from the original .docx file. That watermark reads “DRAFT 6/20/17.” We don’t want it said that we are hiding anything or making changes to the wording of the ordinance draft. If you wish to download and see the original .docx file we were sent, you can get it here. Otherwise, feel free to read the document below.)

That being said, the ordinance itself is a nightmare and an assault on the rights of citizens.
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Smith VS. Tobia. Round Three. Ding!

This is starting to be a recurring theme. Once again Brevard County Commissioners Smith and Tobia went at it over what essentially can be called “speech” and a “disagreement on statements” that were made. In our opinion, this is one of those cases where neither man is right. Even though the positions taken by Smith and Tobia are 180 degrees apart from each other, their actions are very similar and wrong on many levels.

Oddly, this round goes back to Representative Randy Fine’s proposal and introduction of a bill that would allow money from the Tourism Tax to be used to help clean up the lagoon.

Smith attacked Fine with Smith saying Fine “is shortsighted and long-winded. He doesn’t know what he is talking about.”

Jim Ridenour, chairman of the advisory Brevard County Tourist Development Council, labeled Fine’s bill as being “criminal.” We aren’t sure how a proposed bill can be “criminal,” but we suspect that Ridenour was upset for any number of reasons, including the idea that Fine’s Bill would take money away from a Committee that Ridenour chairs.

We think Ridenour’s comments were over the top, but he has the right to make them.

Ridenour later apologized for the comments, and that’s a decent thing to do. There’s a difference between disagreeing with the proposal and labeling it as “criminal.” Ridenour later came to that conclusion and did the morally correct thing in saying he still disagreed with Fine’s proposed bill, but the characterization that the bill was “criminal” was not right nor accurate.

However, Commissioner Tobia wasn’t pleased with Ridenour’s comments and even after Ridenour’s apology, sought to “censure” Ridenour through a resolution.
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And They Wonder Why There Is Dissent….

One of our ninjas sent us this story of a local couple who own some apartment properties in Brevard County.

The couple is well respected and have taken beaten down apartment buildings and turned them into places where people want to live. According to our ninja, the couple is untra-fast to respond to issues that may happen in rental units. They have put up security cameras, outside lighting, repaired parking lots, etc. The buildings are always painted and the grounds in great shape.

In short, they are the ideal landlords the type of landlords that people want to deal with.

In fact, when the economic downturn hit and people were hurting for income, they lowered their rental rates for existing renters.

In addition, as local owners, they are people the Brevard County government should respect and support.

This year the couple got hit with an increase in fees as well as an increase in property taxes because, well, because governmental bodies can raise taxes and fees and say “we need the money.” (As if you don’t need the money as well.)

The increase in taxes and fees was over 10% – the same amount that it jumped last year.

When the couple took their check to the County Tax Office, they commented on the rate increase and how they were going to have to raise their rental rates which would force out good tenants who don’t have the luxury of telling their employer to pay them more under the threat of law.

“Well,” the government person sitting there said, “you can always sell the properties to a corporation and not have to worry about it.”

Wow.

Just wow.
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Smith VS. Tobia. Round Two. Ding!

As if the fight between Commissioner Curt Smith and Commissioner John Tobia couldn’t get more interesting and in a sense, more foolish, the two went at it again over expenditures of CRA funding which Tobia feels are at the most illegal, and at the least inappropriate.

Tobia questioned the use of CRA money by the Downtown Melbourne CRA and Olde Eau Gallie CRA, alleging the CRAs “improperly used” about $684,500 of city and county money for festival expenses.

Tobia said he had opinions from the Florida Attorney General’s Office and Brevard County Attorney Scott Knox to back him up. And he wanted the County Commission to authorize “performance audits” of the two CRAs, partly to see if any other money was spent improperly.

“If this is what my office was able to find, I would like to see if anything else is out there,” Tobia said. “I’m sure Downtown Melbourne, as well as Olde Eau Gallie, has nothing to hide.”

Smith responded with:

But Smith said he was “kind of torn with this. I don’t know enough facts to feel comfortable voting for it. I reserve the right to investigate it further. And, if I change my mind, and say that there is something here that needs to be investigated, I’d be happy to bring it up again. But, right now, I’m not in favor of it.”

Tobia’s response was two fold – one of which was dead on and the second a bit of hyperbole. The first response was that the item was on the agenda for two weeks. In essences, Tobia was asking “what is the delay? How much time do you and your office need to investigate. Isn’t two weeks enough?”

We think that is a fair question.
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Paging Commissioner Isnardi. Paging Commissioner Isnardi…..

After we finished our post last week on Brevard County Commissioner Kristine Isnardi and her attack on the content of speech, we decided to write her personally.

We sent her an email expressing our concerns. As always, we not only expressed concerns but offered that if she and other Commissioners wanted to stop all comments that were made at inappropriate times during a meeting, we would be supportive of her actions. What we would not support is her desire to hold people “accountable” for things that were said of which she disapproves.

We got an automated response from her office:

Thank you for taking the time to contact me by email. Each day I review my emails and I use this automated response to verify and acknowledge receipt of your correspondence.

My staff and/or I will respond to each and every email as it pertains to my District or specific questions directed towards me. In order to better serve you and your concerns, it is important to include your name, complete address and phone number.

Should you require additional information or assistance, feel free to call my office and a staff member will promptly discuss your concerns with you.

My office address is
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