HomeMy WebLinkAbout1994 01 31 City Commission Workshop Minutes
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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.
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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
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Joint Workshop
City Commission and All
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January 31, 1994
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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.
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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.
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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.
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Joint Workshop
City Commission and All
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January 31, 1994
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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
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Joint Workshop
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January 31, 1994
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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.
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Joint Workshop
City Commission and All
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January 31, 1994
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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.
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Joint Workshop
City Commission and All
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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