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HomeMy WebLinkAbout1994 01 31 City Commission Workshop Minutes . JO I NT WORKSHOP CITY <XM'11 SS I ON & ALL APPO I NTED BOARDS I N THE CITY OF WINTER SPR I NGS The meeting was called to order at 7:05 P.M. by Mayor Bush. Mayor John F. Bush, Present Commissioner John V. Torcaso, Present Commissioner John Ferring, Present Commissioner John Langellotti, Present Commissioner Cindy Gennell Ci ty Manager John Govoruhk, Present Attorney Tam Lang, Present <XM'1ERCE & INDUSTRY DEVELOPMENT BOARD Walt Dittmer Mac McGinnis Mel Gl ickman Jim Lup, Chairman CODE ENFORCEMENT BOARD Lurene Lyzen Ken Haines Lloyd Anderson Gene Prest era PLANNING & ZONING BOARD Grace Ann Glavin, Chairman Thomas Brown David Hopkins Art Hoffmann ~S BOARD Jean Jacobs, Cha i rman Caro 1 Morr i son Gladys Zahand Car 1 Stephens Jackie Adams . BOARD OF ADJUSTMENT James Greene, Cha i rman Frank Adcms Discussion of Sunshine Law and Gift Law: Mayor Bush said the purpose of the meeting tonight is two-fold, one is the discussion of the Sunshine Law and Gift Law for the new members of the Commi ss ion, as we 11 as any of the members of the Boards. Attorney Lang stated that there are same areas that we wi 11 cover that aren't truly resolved and depend on factual situations as they've been presented. The first area we will cover is Government in the Sunshine, which is Chapter 286 of the Florida Statutes. Attorney Lang said that if two or more of you on the same body and that applies to any local governmental body, including advisory boards, get together and discuss a matter which foreseeably can came before that Board for action and you haven't noticed it and it is not opened to the public and there aren't minutes being kept - you have committed a second degree misdemeanor. Just as the Commission members can not casually talk about any matter which foreseeably could came up for official action in front of the City Commission. . Walt Dittmer of the Commerce & Industry Development Board; Tam Brown of the Planning & Zoning Board, spoke in discussion. Grace Ann Glavin of the Planning & Zoning Board asked whether an individual board member could discuss a matter with an individual Commissioner. Attorney Lang said that he thinks that legally you can do that, but it is . Joint Workshop City Commission and All Appointed Boards January 31, 1994 Page 2 not something he would advise to do. Commissioner Gennell asked about discussing a subject that is not on the agenda. Attorney Lang said that if it hasn't been noticed on an agenda, you should move to put it on the agenda in order to talk about the subject. Attorney Lang said you should try to avoid adding something to an agenda because you help yourself with regard to the perception that the public has of this body. . Glavin asked if an individual Board member could talk to a Commissioner about a subject that was before the Board. Attorney Lang said that an individual City Council member may meet privately with an individual member of the municipal Planning & Zoning Board to discuss a recommendation made by that Board since two or more members of either Board are not present, provided that no delegation of decision making authority has been made and the member is not acting as a liaison for the entire Council. David McLeod fonmerly of Planning & Zoning and new Commissioner and Jean Jacobs of the BOWS Board spoke in discussion. Attorney Lang discussed Public Records. He said that Public Records is Chapter 119 of the Florida Statutes and it states any document, with a very few exceptions that could effect the Commission because of some collective bargaining issues and some litigation issues and some land acquisition issues, but for the rest of the Boards is any document that is generated in the course of serving is a public record, it has to be maintained and it has to be available to the public. If you take a file home and someone wants to see that file, that file is public record and that person is entitled to came and look at the file in your home because it is part of what you have been given as a public officer. Under law you have to go to the State of Florida and put together a plan that shows how you are going to dispose of your public documents. I don't think anyone's going to be concerned about throwing away copies so long as there is an official copy somewhere. Mayor Bush asked what if a citizen wants a copy of a tape fram a meeting. Attorney Lang said that there is no right in law to the tape as long as the City provides copies. Discussion. Commissioner Langellotti said that he thinks that the City Commission should make a policy decision for anyone caming in requesting any type of record. . City Manager Govoruhk said that we have verified through several Cities and Tallahassee and also the Florida Statutes that we will make a list of any copy whether it be the minutes of tape, a person would call in and request the copy they want then we would call when the copy is ready, that person then would pay the fee and receive the copy requested. Discussion. . . . Joint Workshop City Commission and All Appointed Boards January 31, 1994 Page 3 Attorney Lang said the only delay in producing records that is penmitted under Chapter 119 is the reasonable time allowed the custodian to retrieve the record and delete those portions of the record the custodian asserts are exempt. Manager Govoruhk said that if a personnel file is requested for the police and fire departments that addresses, phone numbers and medical records are deleted from the records. Russ Robins and Tom Brown spoke in discussion. Attorney Lang said the next item he would like to discuss in the Gift Law. This gets a little more complicated but it is probably just as much important to those who are in decision making positions. He said that a very broad approach is that no public officer, employee of any agency or candidate for nomination or election shall solicit or accept anything of value to the recipient including a gift, loan, reward, promise of future employment, favor or service based upon any vote or understanding that the vote, official action or judgement of the public officer, employee or candidate would be influenced thereby. That requires mutuality, and there are all kind of questions that can be raised but you can accept and keep anything of less that $25.00, if there is no expectancy of mutuality. This means that you don't believe that the gift is being given to you to influence your vote. That is a very difficult standard to meet if it is a stranger of lobbyist. There are exceptions to the Gift Law and those are: the gift does not include salary benefits, services, fees, commissions gift or expenses associated primarily with the donee, that is your employment or business. It does not include contributions, expenditures that re reported pursuant to campaign laws. It does not include an honorarium or an expense related to an honorarium event paid to the person or his/hers spouse. It does not include awards, plaques, certificates or similar personalized items given in recognition of the donee public, civic, charitable or professional service. It does not include an honorary membership in service or fraternal organization presented merely as a courtesy by such organizations. It does not include food or beverage consumed at a single sitting or event. It does not include the use of a public facility or public property made available by a governmental agency for a public purpose. If you end up receiving a gift in excess of $25.00, that you know was not given to you to influence your vote, then you have an obligation to report it; if it is over $100.00 -I caution you not to take it. Lloyd Anderson, Code Enforcement Board and Robbins spoke in discussion. Attorney Lang said the next topic is voting conflicts. No local public official can vote in an official capacity upon any measure which inures to you special private gain or to a special private gain to any private entity by whom you have been retained or to the special private gain to a relative or business associate. Relative includes: father, mother, son, daughter, husband, wife, father-in-law, mother-in-law, son-in-law and daughter-in-law. The term business associate is defined to include any person or entity . . . Joint Workshop City Commission and All Appointed Boards January 31, 1994 Page 4 engaged in or caring on a business enterprise with a public officer, public employee or candidate as a partner, joint venturer, co-owner of the property or corporate share holder where the shares are not listed on any national or regional stock exchange such as family or closely held corporation. If any matter canes up where a special gain inures to you, inures to saneone who has hired you or is paying you or inures to a relative or a business associate, then prior to the vote you have to explain your conflict and you have to abstain from voting and within 15 days of the vote you have to document your conflict in writing to the Clerk that was keeping the minutes. Attorney Lang defined a special private gain as it depends upon facts, it exists if an officer has an ownership interest that is effected, has a spouse with an ownership interest, has a relative with an ownership interest. If the spouses co-mingle funds or one supports the other or has a continuing business relationship with someone who's interests are affected. If the matter simply affects friends, fellow church or club members or persons with whom the officer has a past not an on-going or continuing business relationship, no voting conflict exists. Where the action will affect the officer in the same way it will affect a group of similar situated citizens the determination of whether a special gain exists will depend upon the size of the group. If the group of persons is large a special gain will result only if there are circumstances unique to the officer of his principal under which the officer or his principal stands to gain more than the other members of the group. Where the group of persons benefiting from the measure is extremely small the possibility of special gain is much more likely. Glavin asked if an applicant come before our Board (P&Z) and the individual call one of the Board members with regard to wanting to discuss either a pending matter or past matter or future matter, is it permissable to talk to them. Attorney Lang said it is currently penmissable, but that is the grey area that the courts are looking at because you happen to sit on one of the Boards that might be affected because they are claiming that that is lobbying and should be done in public - but right now it is still legal. Discussion. Attorney Lang said the last thing he would like to talk about is that every Board member should take a close look at what their Board is suppose to do. in the state of Florida the people retain all powers except for those that are given to them either by general law or by the constitution and consequently to avoid any problems either with the Commission that appointed you or a potential civil rights action if you become arbitrary, you should know what your Board can and cannot do. The Code of Ordinances, which is the City Code of the City of Winter Springs spells out what every Board is suppose to be doing. Jacobs and Stephens spoke in discussion. . . . Joint Workshop City Commission and All Appointed Boards January 31, 1994 Page 5 Glavin asked if there is a prohibition with privately with a Staff member on an issue. legal prohibition. Glavin also spoke about the P&Z Board. regard to a Board member talking Attorney Lang said there is no Staff not getting information to Mayor Bush said that if they are having problems with getting information, direct the problem to the City Manager and if you still are not satisfied with the Manger's response then bring it before the Commission. Manager Govoruhk said that any Chairman for any Board should contact him if they don't get the information the Board has requested. Mayor Bush said the Manger should put that in writing for the Staff and let the Commission review it and then make it public for all the Boards. Mayor Bush also said that each Board should put down their ideas on better communication with the Commission and the Commission can review the ideas and then make public for everybody to use so there is no question on how to handle a particular situation. McLeod mentioned getting the City Code consistent with the Camp Plan. Attorney Lang said the issue was raised if someone could go to a Staff member without violating the Sunshine. He said for clarity that you can go to a Staff member without violating the Sunshine so long as the Staff member is not going to vote on the matter and you are not using the Staff member as a conduit to get information to another Board member. Mayor asked the Chairman or representative fram each Board to introduce themselves and the Board members present and thanked them for attending the meeting. Commissioner Gennell stated for anyone interested that the archeology survey that Seminole County is going to do, will have an orientation on Thursday, February 3rd at the Casselberry Library at 7:00 p.m. Commercial Development Plan for S.R. 434 Corridor: Commissioner Gennell said that she has suggested that the City contact the owners of the undeveloped commercial property along the 434 corridor in order to sit down and develop a plan to develop that corridor. Gennell read fram the Camp Plan, a portion of the introduction concerning the two areas of the City and also read fram the land use portion of the Camp Plan. She said the crux of her proposal if for each region comprised mainly of tracks of undeveloped land for which no conceptual plan has been submitted for review and a composite coordinated development scheme be proposed by the City, considering conservation and traffic circulation for the appropriated land uses. Discussion. . . . Joint Workshop City Commission and All Appointed Boards January 31, 1994 Page 6 Paul Partyka, resident of Tuscawilla and Lup spoke in discussion. Commissioner Genne11 said that just as soon as possible she would like to see this committee started. The meeting adjourned at 10:00 p.m. Respectfully Submitted, Margo Hopkins, Deputy City Clerk