July 22, 2020 Minutes 5:00pm

The Planning and Zoning Commission (P&Z) of the City of Titusville, Florida met in special session in the Council Chamber of City Hall, located at 555 South Washington Avenue on Wednesday, July 22, 2020 at 5:00 p.m.

 

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Chairman Severs called the meeting to order at 5:00 p.m. Present were Vice Chairman Richardson, Secretary Speidel, Member Porter, Member Murrary and Member Grant. Member Taylor was absent. Also in attendance were Planning Manager Brad Parrish, Senior Planner Gabriel Quintas, Assistant City Attorney Chelsea Farrell, and Recording Secretary Laurie Dargie.

 

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Assistant City Attorney Farrell swore in Romie Grant as the newest Planning and Zoning Commission regular member.

 

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Chairman Severs said he would like to start with agenda item 4B because that is where they left off at the previous meeting on July 8, 2020.

 

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Business

 

Commission Rules and Procedures (Video start time 00:09:08)

Assistant City Attorney Chelsea Farrell said she would go back through and explain specific topics better.

 

Assistant City Attorney Farrell explained in detail Ex-Parte Communications. 

 

Assistant City Attorney Farrell said that all present members must vote. 

 

Assistant City Attorney Farrell went over the Florida Attorney General’s Advisory Legal Opinion.

 

Assistant City Attorney Farrell said she received an email with a couple of questions that she would like to answer. She said the first question was relating to whether or not the Commission members could share documents via e-mail with other Commission members. Assistant City Attorney Farrell said she does not recommend sending documents directly to other Commission members and explained why. Chairman Severs said that if an e-mail is sent with documentation but the email is clear that you cannot respond back to the email with any comments then it would not be a violation. Assistant City Attorney Farrell said this would be hard to control and the recommendation from Legal is that information is not shared anywhere other than in a public meeting setting between Commission members. Member Porter asked if a Commission member decides to share documents but does not receive any response is that a violation of the Sunshine Law? Assistant City Attorney Farrell said no. Member Murray said she discussed this with Assistant City Attorney Farrell and understands the reasoning behind not sharing information, however she feels frustrated because there are times when you want the information to be passed on. 

 

Assistant City Attorney Farrell explained the Bert Harris Act in detail.

 

Assistant City Attorney Farrell went over Florida Statute 70.45 – Governmental Exactions.

 

Chairman Severs said he would appreciate city staff or the attorney to help inform the Commission members regarding things that come up that are not clearly understood and how to help articulate motions and recommendations when needed.

 

Chairman Severs feels that City Council should have a good understanding of the Bert Harris Act. Vice Chairman Richardson asked when the Bert Harris Act went into effect. Assistant City Attorney Farrell and Mr. Parrish said 1995.

 

Assistant City Attorney Farrell said there were questions about the retention of emails as public record. Assistant City Attorney Farrell said that general correspondence emails have a retention of three years and emails with complaints have a retention of one year after the complaint is resolved. Assistant City Attorney Farrell said that emails have been issued to each of the Commission members in order to retain public records. 

 

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Commission issues and agenda requests (Video start time 00:45:00)

Chairman Severs asked if any of the Planning and Zoning Commission members have any items that they would like for City Council to review. 

 

Chairman Severs passed out a handout with several agenda items he would like reviewed. Chairman Severs briefly went over his list of agenda items. 

 

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Petitions and Requests from Public Present

None.

 

Adjournment 5:53 p.m.