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HomeMy WebLinkAbout2023 05 08 Consent 302 - Approval of the Minutes from the Monday, April 24, 2023 City Commission Special Meeting 32 33 Mayor Kevin McCann called the Special Meeting of Monday, January 30, 2023 of the City Commission to order at 5:11 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor Kevin McCann, present Deputy Mayor Rob Elliott, present Commissioner Matt Benton, present Commissioner Victoria Colangelo, present (arrived at 5:21 p.m.) Commissioner Ted Johnson, present via telephone Commissioner Cade Resnick, absent Interim City Manager Phil Hursh, present City Attorney Anthony A. Garganese, present City Clerk Christian Gowan, present A moment of silence was held followed by the Pledge of Allegiance. Mayor McCann asked if there were any changes to the agenda. No changes were made and the agenda was adopted. AWARDS AND PRESENTATIONS 100. Not Used INFORMATIONAL AGENDA 200. Not Used PUBLIC INPUT Mayor McCann opened Public Input. No one addressed the Commission. Mayor McCann closed Public Input. CONSENT AGENDA 300. Not Used PUBLIC HEARINGS AGENDA 400. Not Used REGULAR AGENDA 500) Ex-Parte Communications by the Mayor and Members of the City Commission related to Quasi-Judicial Proceedings Conducted by the City Commission Mayor McCann introduced the item, noted he was open to the decision of the Commission, and asked Attorney Garganese to discuss the rules of ex parte communications and discussions with developers. Attorney Garganese explained when ex parte communication rules were in effect, noted they were only applicable to quasi-judicial proceedings, reviewed what fell under this umbrella, and noted it was a due process consideration. Attorney Garganese noted a ruling known as the Jennings decision which deemed that ex parte communications could be prejudicial to decisions made in quasi-judicial proceedings, detailed procedures to declare conflicts of interest, and reviewed measures taken by the Florida Legislature in 1995 to adopt a statute providing for a process to remove the presumption of 34 prejudice related to ex parte communications which includes a requirement to disclose written or oral ex parte communications on the record at the public hearing and give interested parties the opportunity to rebut, cross-examine, and/or question the information received outside of the hearing and also, in some cases, challenge the ability of the person to be impartial. Attorney Garganese noted that these requirements are sometimes conflated with regular discussions with residents on matters related to legislative decisions but he noted that those instances were not covered by ex parte rules. Discussion followed on ex parte communications as related to Sunshine Laws, the ability to speak with contractors and vendors, the adopted City Commission Rules and Procedures, and best practices. Attorney Garganese noted that Florida Statutes and the City Code were similar, noted that it was inevitable to encounter ex parte communications, and stressed the importance of proper disclosure, as well as not interfering with the City Manager and City Staffs ability to do their jobs. Attorney Garganese noted the importance of following and directing people to the proper channels in the application process, disclosures, and explained that he did not thing that ex parte communications could be prohibited. Further discussion followed on other legislative bodys processes related to the disclosure of ex parte communications, the possibility of creating a form to be entered into the record, other potential disclosure requirements, and concerns about individual negotiations and interfering with City Staff processes. Attorney Garganese noted unsolicited emails regarding applications would count as ex parte communications and noted processes related to disclosure of these communications. Further discussion on strengthening reporting requirements, perceived gray areas, and exercising caution even with permissible communications. A letter, sent via email by Mr. Bob Miller, was read from referencing government in the sunshine and ex parte communications. Discussion continued on involvement in ex parte communications and the potential consequences related to the ability to vote on future matters. Attorney Garganese reiterated that a pending development application would trigger the ex parte communications rule and reviewed the Commission Rules and Procedures which state if the Mayor or Commission know or reasonably expect a matter will come before the Commission within 180 days then the ex parte rules would be triggered. Continuing, Attorney Garganese recommended ex parte communications be avoided whenever possible because if they never occur then impartiality cannot be challenged. Finally, Attorney Garganese noted that the Commission functions as a governing body and reviewed conduit prohibitions and potential consequences of individual conversations. Discussion followed on the current procedure related to development, the ability to speak with City contractors, and differences between negotiations and communications in a number of situations. Deputy Mayor Elliott noted he had drafted proposed changes to the language in the City Code and asked that Attorney Garganese review the language and that Staff place it on a future agenda for discussion. PUBLIC INPUT Mayor McCann opened Public Input. Mr. Kevin Cannon, PO Box 195447, Winter Springs noted the complexity of the issue and the need for professional Staff to handle these processes. 35 Mr. Paul Partyka, 1693 Wingspan Way, Winter Springs noted he thought the issue was being made overcomplicated, noted he was in favor of a proposed form, and spoke about the need for elected officials to be accessible. Mr. John Horan 1612 Wood Duck Drive, Winter Springs noted options provided by the referenced Florida Statutes and suggested that it was too difficult to determine what would come before the Commission at a future date. Ms. Gina Shafer, Winter Springs Village, Winter Springs suggested a log for potential ex parte communications be kept by the Mayor and Commission. Mayor McCann closed Public Input. ADJOURNMENT Mayor McCann adjourned the meeting at 6:34PM. RESPECTFULLY SUBMITTED: ____________________________________ CHRISTIAN D. GOWAN, MPA CITY CLERK APPROVED: _____________________________________ MAYOR KEVIN McCANN 36