Are we live? I have a legal question. Who is the best person to answer that? told okay so before we call the meeting to order you can see some of our board members are missing Mr. Banks has said after this meeting he is going to resign is since we now know that information do we
proceed with this meeting or should we not I mean if you have a quarum I think you can certainly finish up the meeting today. Correct. So, I guess my concern is if you're planning to resign, is this something something that we're comfortable moving forward discussing or should we table it?
Commissioner, I'll just I'll say this. So if if the committee reconvenes after today um then however we came about the committee uh that we have the makeup committee then get another person okay so are you comfortable participating in this meeting or I'm here I'm here I mean I'm probably told that he
I was told by this receive forms received ASA received so it should be people on this committee that doesn't receive any and I'm sorry I'm not an attorney either but since we are since we are live I would maybe recommend that you proceed with the meeting just so you're not inadvertently discussing anything that so let's call the meeting to order a discussion let's do that wonderful well we will call the meeting to order welcome to the Escambia County Tourism Development Subcommittee
um appointed by members of the TDC committee for the reason of coming up with parameters to be more consistent on how and to whom we hand out dollars to. So the first will be roll call. Is that something? Okay. Ashley Hoffberger present. Matish Patel. Darren Schaefer. Maria Goldberg. Yes. Here. Shirley Connley. William Banks here. Ray Palmer here.
Wonderful. Thank you all. Was this meeting properly noticed? Madame Chair, this meeting was advertised in the Pensacola News Journal on February the 5th in the board's weekly meeting schedule. Wonderful. Thank you so much. Um the first thing I guess we need to add something to discuss. Do we want to proceed with this meeting? Um can we have a can we have a conversation and decide vote whether we should as to as as to why we would as to why we would do
that. Yeah. Because see the way it's going to look if if I say no, I don't want to proceed with the meeting. The public looking at this. So I think I need to give an explanation why. Why don't you put that on the record so to speak? My reasons for it. Could you grab a mic, please? Thank you. My reason My reason for Oh, I'm sorry. my reason that need to be on the record why I am um um resigning from the from this board. Okay. Why I'm also rescending my prior votes and my motion. So,
I think that need to be on the record because in the future I don't want somebody to say, "Well, you know what? Um, you was on that board and you voted for this and you voted for that, but you totally against what's going on because of the way the statute reads." That the issue I got is not with the board. Let's make that clear. Wait. So, so I think that what would be helpful is if you stated I'm resigning because statute, you know, like explain that so that we can put that on the table. Yes, ma'am. Yes, ma'am. If that's okay with Madam Chairman, that's okay with you. The reason
I'm resigning based like I say I've been informed that um I have a conflict of interest which kind of makes sense um under the circumstances when you receiving funds and then you on a committee that's recommending changing the rules or the guidelines as to receiving funds. Yeah. A person receiving funds I don't think should be on a subcommittee. So that was part of the discussion when we made the appointees and I believe at the time it was chairperson David Bearer wanted specifically
people who did receive grant monies. So we made sure to take that into consideration and not put parameters that were too stringent on people. So that was part of the conversation when we chose this committee. Maybe maybe I misheard that. Maybe I didn't hear that one. Who told you? Just so that that's confidential information, ma'am. I can't give up my source. Well, you had already mentioned that it was someone on the commission that I didn't say that. I say it was a county official. A county official? Yes. So, if it's a county official, then I'm just Wouldn't
that county official have said something to you as a county commissioner saying? So, I know all this went through the legal department. You know what I I'm just saying is that I would think that if it weren't if if it wasn't legal then we But that's just an assumption and we all know when Well, if you really if you really take the time, ma'am. Yeah. Okay. And go pull the statute, which I've been preaching for years for everybody to take a minute and read the statute. Okay. And
seem like my my voice is falling on on deaf ears. Okay. So, my reason for resigning that I personally I think that this committee is not in compliance with the law because the law only states a TDC council board one. It doesn't add a subcommittee or none of that. That's number one. Number two is that I feel that we are not actually following the statute that is written. Let's take hypothetical. Well, I'm going take for an example. There's nothing in Florida statute that requires
a participant who's receiving TDC do dollars to promote tourism to show the income tax because once you do that then your tax is exposed to the public because it becomes public records. There is nothing under the statute. Okay. Another thing there's nothing in the code of ordinances scam county under article two for Escami County. There's nothing in this in this code or the articles or under section 90 that requires you to do the same. The ordinance actually tracks the
language of Florida statute 124. Nothing changed except for the word escambia county. Right. So has so has county attorney Alison Rogers had this question put to her and and and that would be who would govern who what we should and shouldn't be doing because as as I understand it u attorney Rogers is is the county attorney she knows to know whether we were out of right and that's or not and that's another thing I'm going to do I'm I'mma ask for an appointment with the county attorney before
I proceed on a motion to mandas to compel the TR development council to follow the law and I want to see what she has to say if she can point out to me what we are doing is in compliance. So did you reach out to her prior to this meeting? No. No, I have. So why not? I just didn't. But I am I think I am. Well, I think that before we even do any this is just my thought is that because to your point is that if this is legally not legit then then we have no standing at all. There's no point
in continuing until we get advice from legal to tell us what we can and can't do. I'm with that. And therefore, I'm I would So, I don't want you to resend anything. We're just I will I will I will withhold if council if city count if this county commissioner if council for the county say well okay Cadillac let me show you this and if she shows if she can show me what we are doing that we are in compliance with Florida statute 125 then I'm I'll be okay with it and and as long
as she tell me well you know you can't apply for funds because you was on the subcommittee If whatever I'm of the opinion whatever Allison says to do that's what and that's another another issue I get the unified the unified budget. We all are receiving funds but you got one group of people that's in a whole another category. I just don't think you could do that. You see you got one group that's in a category where what we talking about does not apply to them. Everybody need to be treated equally. You can't have one group of people that get funding or have
to jump through the hoops when another group of people got to jump through the hoops. So you take um you take Pensacon been doing this for a long time. You know, I got to give them credit. They've been and I think what they do is good for the county. I I really do because we don't have a lot of entertainment here. So what they do is good. Why are they not part of the unified budget? My event is going on 10 years. I'm not a part of the unified budget. So, these are some issues that need to be resolved and they need to be resolved because what you do for one,
you do for all. There's there's no sliding scale here. And those are some of the issues I got. But I want to hear what the county attorney tells me, you know, and if she tells me and show me, then I will not file a motion for mandamus to compel the TDC to follow the statute. So, in the meantime, I'm staying until we get that understanding.
So, the county attorney is not presently in the building. She's signed up otherwise. So, her coming down and giving us an opinion as it stands is probably not going to happen. I will say that the county attorney's office was aware of this committee. They were aware of how the members were chosen. the board, the tours and development council did vote on the members. Um, and there was a reason that each member was chosen to be on here. So, all of that has been very transparent. The TDC can accept recommendations from anyone and everyone. They just selected this committee
to provide these recommendations which they can accept or reject once they're presented. So, I don't want anyone to do anything they're uncomfortable with. I do wish if you would have felt this way you would have done all of this before because I know that we all have very valuable schedules. Um I do too. So do I, you know. So, but what's your thought? I think I'm leaning the way you are. Well, there's a I mean Cadillac has opened up a a whole can of worms. Not
a can of worms, but but not just this. But does it make sense what I'm saying? I mean, honestly, you know, I ain't just throwing something out on the table. You know, I haven't done my homework on this. Seriously. And I I think that the the legality of this committee, that's one issue, but then you're also bringing up multiple issues that are truly beyond this committee's purview. Uh that is a TDC thing. This purview is just to come up with um a matrix to give to those that get direct funding through TDC. a scoring kind of a thing. I understand that point which
so so those other issues are I believe are are to TDC and then ultimately to the to the commission. Um that said, um I do think that we should however since the issue has been brought, I think that it would be fair to pause the meeting for today and just get word from from Attorney Rogers and and to make sure that number one, to your point, that whatever whoever is on
this committee that this is legit for them to be able to give that recommendation to DD. TDC, right? So, that's that's that's number one. And um but with that caveat, I would also say that um Pensacola Sports, ACE, and Visit already have these parameters in place that those who get direct funding through TDC have no parameters at all. Right? So if you're saying that everyone
should be treated fairly, then everyone should have parameters to go through in order to and accountability to get the funding. Right now those that are coming straight to TDC, there's there's zero. So currently they're not being treated fairly at all because I do know, and I can only speak for ACE, there are um a lot of hoops that have to be crossed through in order for funding to to to go through. So I think that the the intent commissioner, please correct me,
is that just to get the TDC a baseline to be in um same practices as sports, ACE, and visit. That is correct. Okay. And maybe not the exact same practices, but something the same outline, right? and and a sense of accountability and um and you saw what last meeting what Ry kind of goes through to to get and I think all of us shared who are part of that unified budget of what
what parameters we have put in place to ensure accountability. Um, so I do think that that is definitely something that TDC does need for those who get funds directly from TDC. Um, but before we move forward with that, let's just let's just take a beat and and let's just see what what what the county attorney has to say. And if she says, "Well, well, well, let's think about it. I don't then we we go back to the the drawing board or we resume this committee in progress and then
at that time we all need to determine if indeed we want to resume our service and if not then you go before the TDC with other or chair bear or whoever to fulfill those that may resign. That sounds like a great plan for clarity. What is the specific ask that we are looking for an opinion from the county attorney on? One thing we need to find out whether there is a conflict of interest for
community partners who are participating in a sub this subcommittee whether they have any hindrance on them requesting TDC funds in the future. Number one. Number two, whether the actual subcommittee is legal, is authorized under Florida statute 125. We need to know that. And number three, whether we are as a whole, whether it's the TDC, I mean the touris development council themselves who vote and make recommendations to the board of county commissioner, whether we are
actually following the statute as it is written by the Florida legislator and also whether we are following the statute as written or the article two um section 90 county code of ordinance. That's that's what that's what I need to know. Number four, whether it is required to receive funding, whether tax returns need to be submitted, which will be exposed to the public whenever they want to get them and see what your taxes look like. It shouldn't have anything to do with receiving
funding because it doesn't say that in the statute. And see, my main issue is that if it doesn't say it, so that's not related to this committee, though. So, I No, it it's really not. But I'm just shooting. as far as our quest to Allison, we need to keep it very specific to this committee, right? Because like I said, is that there you have which I I get a number of issues, but that's not what this group is here. And that's why I was saying I think that the statute need a judicial review. When Alice say what she got to say, which would and I respect her, you know,
100. Yeah. But I think at the end of the day basically on some of the issues that I'm some of the issues that I'm bringing up need to have a judicial review either in a circuit court which probably would deny it or the first district court of appeals to come out with an opinion and all the issues that I would raise in a brief to them or in a mandamus to see are we doing this the way we should be doing it. Well, so and and and just on that just to take that so we get uh Allison's decision on just this this committee and the legitimacy of this committee and then
if you have your list of things additional items that are outside of the purview of this committee before going to um get an opinion from a judicial circuit. Right. I'm gonna go to her first. Yeah, I was going to say talk to her and then and then kind of that will help give clarity. Yeah, I'mma go I'mma go I'mma make an appointment to see her. Um cuz I think that's being fair. Yeah, absolutely. I think that the county has um um the board of county commissioners had has looked out for me over the years. I will say the county is working on budgeting and making sure that
we're doing things consistently and we're spending taxpayer dollars. The idea was to go through the tourism development committee to put in parameters to make sure those things are being done responsibly. If the tourism development count council cannot get there before we approve the next budget, I will be pushing that from the dis. Okay. And at that point you will have less weighin. So that was the the essence of this committee is to make sure that people were heard and they were involved in the process because I believe in governing and the body closest to you which would be the tourism development council. If we can't accomplish that with the council,
I will be pushing it from the dis. Right. Well, I mean you got to do what you got to do as a commissioner even though I'm in your district. Right. You only your constituents, I believe. But still, at the end of the day, at the end of the day, it need to be a judicial review that'll supersede whatever come downs from the dies if it goes in a different direction, which can be taken up on appeal or to the Florida Supreme Court. I don't think it's necessary to go through all that. I think sitting down with Allison, she going to give it to you straight because she
always been that way. As long as I know her and she she said, "Well, kind like this LA. Let me show you this. Read this." I'm good. I mean, I'm good with it. So, I'll make sure that we Did you take notes on what we're asking, Allison? So, I'll make sure that we get that back for our meeting on the 17th to the TDC and then we'll follow back up with these committee members at that time. I I think that's a great game plan. Okay. Um is to pause and let's see. Um, I think he's going deeper
than what I'm interested for this committee. I want to know my standing on this committee and are we good with this committee? If so, we'll work that. He can work his issues. That's great because I think it's all good clarification. Anytime we can get clarification on the statutes, I'm all for it because I think all of us would like to be um you know, it's trying times around the state for all of us in the in the TDT collection and and um and receiving of those dollars. So, I'm all good with that, but I'm really interested for now. Allison say, you know what, it's okay for you to be on this advisory committee and then move forward with this other steps for him. I am
all supportive of what what he's trying to do. But um I think that's what is our smart move. Noted. I agree. I agree with that, Ray. Well, with that, I'm going to adjourn the meeting. Is everyone okay with that? Yes. Okay. Wonderful. Meeting adjourned. Thank you all. All right.