Loading...
03-05-2013 P & Z - Supporting DocumentsCITY OF CLERMONT PLANNING AND ZONING COMMISSION AGENDA 7:00 P.M., Tuesday, March 5, 2013 City Hall — 685 W. Montrose Street, Clermont, FL CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE MINUTES Approval of the Planning and Zoning Commission Meeting minutes held February 5, 2013. REPORTS Planning & Zoning Director, Chairman, Commission Members NEW BUSINESS Item 1 — Heart Vascular Institute Request for a Conditional Use Permit to Conditional Use Permit allow a professional/medical office in the R- 3-A Residential/Professional zoning district Discussion of Non -Agenda Items ADJOURN Any person wishing to appeal any decision made by the Planning and Zoning Commission at this meeting will need a record of the proceedings. For that purpose, such person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. In accordance with the Americans with Disabilities Act (ADA), if any person with a disability as defined by the ADA needs special accommodation to participate in this proceeding, then not later than two (2) business days prior to the proceeding, he or she should contact the Planning and Zoning Department at 352-241-7302. Please be advised that if you intend to show any document, picture, video or items to the Council or Board in support or opposition to any item on the agenda; a copy of the document, picture, video or item must be provided to the Recording Clerk for the City's records. City of Clermont MINUTES PLANNING AND ZONING COMMISSION FEBRUARY 5, 2013 Page 1 The meeting of the Planning & Zoning Commission was called to order Tuesday February 5, 2013 at 7:00 p.m. by Vice -Chair Nick Jones. Other members present were Carlos Solis, Bernadette Dubuss, Gail Ash, Harry Mason, Judy Proli, and Raymond Loyko. Also in attendance were Jim Hitt, Planning and Zoning Director, Barbara Hollerand, Assistant to the City Manager, Dan Mantzaris, City Attorney, and Denise Noak, Deputy City Clerk. Commissioners introduced themselves. City Manager Darren Gray introduced himself to the Planning and Zoning Commission. Bernadette Dubuss moved to nominate Nick Jones as Chairman; seconded by Judy Proli. The vote was unanimous for Nick Jones as Chairman. Judy Proli moved to nominate Bernadette Dubuss as Vice -Chair; seconded by Ray Loyko. The vote was unanimous for Bernadette Dubuss as Vice -Chair. MINUTES of the Planning and Zoning Commission meeting held January 3, 2013 were approved. RFPORTR Chairman Nick Jones stated that there is a symphony orchestra will be coming the week of Valentine. He stated that the Lions Club will be having a BBQ at the large pavilion the weekend prior to the Pig on the Pond. 1. REQUEST FOR COMP PLAN AMENDMENT REQUEST: Request to amend the Capital Improvements Element of the comprehensive plan. APPLICANT: City Staff Planning & Zoning Director Jim Hitt presented the following staff report: The Capital Improvements Element of the comprehensive plan identifies capital projects needed to maintain adopted Level of Service (LOS) standards. The element includes policies and projects to reduce existing LOS deficiencies. In addition, the element outlines a schedule for construction of necessary improvements and expansions to accommodate new growth. It includes estimates of the cost of public improvements, and it demonstrates the ability of the City to finance and construct the improvements. Local governments are required to adopt annual updates to the Capital Improvements Element. Statutory requirements provide for an expedited adoption process for CIE amendments with a single public adoption hearing. A transmittal hearing is no longer required for annual updates. City of Clermont MINUTES PLANNING AND ZONING COMMISSION FEBRUARY 5, 2013 Page 2 Amendments to the element are required to change a project's scheduled construction date. The City will also annually update Policy 1.6.2 to identify the current Lake County Schools facilities master plan and its adoption date. Commissioner Gail Ash moved to recommend approval of the amendments to the Capital Improvements Elements; seconded by Commissioner Judy Proli. The vote was unanimous to recommend approval for the rezoning to City Council. 2. REQUEST FOR LAND DEVELOPMENT CODE AMENDMENT SUBJECT: Land Development Code — proposed amendments Ordinance No. 2013-04 APPLICANT: Staff Planning & Zoning Director Jim Hitt presented the following staff report: Amendment Summary of the following Sections: CHAPTER 98 — Parking and Vehicular Use Areas: Sec. 98-16, Bicycle parking space requirement. Establishes bicycle parking for Clermont. By promoting bicycle use through bicycle parking requirements, this amendment helps to facilitate our comprehensive plan for a multi -modal system (Policy 1.7.11 has the provision for bike parking), which also includes reduction of greenhouse gas emissions through bicycle use (Policy 1.4.3). This amendment will allow for use of automobile parking spaces or dedicated locations for bicycle parking spaces. CHAPTER 102 — Signs: Sec. 102-2 Definitions; Sec. 102-7 Exempt signs; Sec. 102-15 Permitted signs. Provide new and revised definitions; revises the flag requirements; revises the awning sign usage; revises the number and size of wall signs (based on previous approved variances); and clarifies marquee signage language. Allows up to two signs on two walls, within the established size requirements in the LDC. CHAPTER 118 Vegetation: Sec. 118-36 Plant material. Allow for palm trees to be counted toward the canopy or understory tree requirements. This allows palm trees to be used for up to 20% of the tree requirements. CHAPTER 122 Zoning: Division 10, C-1 Light Commercial District: Sec. 122-203 Permitted uses; Sec. 122-204 Conditional uses; Sec. 122-206 Yards. Division 11, C-2 General Commercial District: Sec. 122-223 Permitted uses; Sec. 122-224 Conditional uses; Sec. 122-226 Yards. Amends the permitted uses and conditional uses for the C-1 and C-2 to eliminate the ambiguous requirements for a CUP, based on square footage of a building, number of City of Clermont MINUTES PLANNING AND ZONING COMMISSION FEBRUARY 5, 2013 Page 3 businesses and provides for an acreage requirement. Provide for permitted uses and conditional uses changes. All proposed uses and developments are already required to develop in accordance with the LDC (district specs, engineering, landscaping, architectural, etc.). The changes proposed would speed up the approval process by eliminating the CUP requirement for certain uses. Commissioner Gail Ash stated that the code does not state the bicycle parking for any facility with less than 50 parking spaces. Mr. Hitt stated that the interpretation would be businesses are required regardless of the number of parking spaces. Commissioner Harry Mason asked if the wording could be changed to make the code clear. Commissioner Gail Ash moved to recommend approval of the land development code amendment to City Council with the wording change on number 19 for bicycle racks; seconded by Commissioner Bernadette Dubuss. The vote was unanimous to recommend approval for the land development code amendment to City Council. There being no further business, the meeting was adjourned at 8:33 pm. Nick Jones, Vice -Chairman ATTEST: Rae Chidlow — Administrative Assistant CITY OF CLERMONT AGENDA ITEM Paae 1 of 4 Planning & Zoning Commission March 5, 2013 I City Council March 26, 2013 FROM: Planning & Zoning Department Requested Action MOTION TO APPROVE: Resolution No. 2013-05 Heart Vascular Institute — Conditional Use Permit Staff believes this development is consistent with the uses in the area and recommends approval of the Conditional Use Permit request for a professional office with the CUP conditions as provided. Summary Explanation/Background The applicant is requesting a Conditional Use Permit (CUP) to allow a professional office/medical office in an R-3-A Residential/Professional District. Office uses and similar uses are designated as requiring a CUP within the R-3-A district. The applicant is proposing to construct an 18,000 square foot building for The Heart Vascular Institute. Four doctors' offices will come together under one roof to provide complete coverage for patients with heart issues. Cardiology, Endocrinology, Vascular, and Rehabilitation are the studies/services that will be offered at this location. The Heart Vascular Institute is not an open heart surgery center, nor will be set up for any overnight stays. Only outpatient procedures will be performed at this location. Fiscal Impact Fund Number and Description Available Budget Amount S N/A Exhibits Attached (copies of original agreements) Exhibit 1 — Site information & Aerial map of site Resolution No. 2013-05 (Conditional Use Permit) \\Cityhall\shares\Planning and Zoning\Developments\CUP's\Heart Vascular Inst.CUP - AGENDA ITEM P&Z3-5, CC3-26-13.doc DEVELOPMENT NAME: OWNER/APPLICANT: REQUESTED ACTION: SIZE OF PARCEL: GENERAL LOCATION: EXISTING ZONING: EXISTING LAND USE: FUTURE LAND USE: Exhibit 1 Heart Vascular Institute South Lake Hospital, Inc. / John Moore, CEO A CUP Request to allow a professional office within a R-3-A Residential/ Professional Zoning District 2 +/- acre Oakley Seaver Drive just North of the Hospital R-3-A, Residential/ Professional Zoning Vacant Residential/ Professional SURROUNDING _CONDITIONS: FUTURE LAND USE ZONING EXISTING LAND USE NORTH: Office Office Vacant SOUTH: Public Facility PUD Hospital EAST: Residential /Office R-3-A Office WEST: Residential /Office PUD Office Road Classification: Utility Area: Site Utilities: Site Visit: Signs Posted: Location Map: Oakley Seaver — Collector City of Clermont Water / Sewer City of Clermont Water / Sewer 2-14-13 By applicant Exhibit 2 CUP CONDITIONS: Section 1 - General Conditions The conditions as set forth in this Conditional Use Permit shall be legally binding upon any heirs, assigns and successors in title or interest. 2. No person, firm, corporation or entity shall erect, construct, enlarge, alter, repair, remove, improve, move, convert, or demolish any building or structure, or alter the land in any manner within the boundary of the project without first submitting necessary plans, obtaining necessary approvals, and obtaining necessary permits in accordance with the City of Clermont Land Development Regulations and those of other appropriate jurisdictional entities. 3. No business can occupy any portion of a building unless the proposed business has applied for and obtained a Local Business Tax Receipt from the Planning & Zoning Department. 4. The Conditional Use Permit must be executed and processed throw hg the o(Ace of the City Clerk within 90 days of its date ofgrant by the City Council or the permit shall become null and void. 5. The Applicant shall record in the Public Records of Lake County within 90 days of its date of approval by the City Council, a short -form version of this Conditional Use Permit as provided by the City or a form acceptable to the City, to provide notice to all interested parties, the assigns, successors and heirs of the developer/applicant and all future owners of the above -referenced property that the real property described above is subject to the terms and conditions of the Conditional Use Permit. 6. This permit shall become null and void if substantial construction work has not begun within two (2) years of the date the Conditional Use Permit is executed and signed by the appropriate parties. Substantial construction work means the commencement and continuous construction of required improvements ultimately finalized at completion. 7. The applicant shall be required to submit a formal site plan for review and approval by the City staff. The project shall be designed in substantial accordance with the site plan at the preliminary site review meetings and public hearings with the exception of modifications necessary to comply with final CUP conditions. 8. The structure shall be inspected by the Fire Marshall for life safety requirements. All requirements must be met prior to any Certificate of Occupancy being issued. 9. The structure shall be inspected by the City Building Inspector and all building code violations must be corrected prior to a Certificate of Occupancy being issued. 10. The final Certificate of Occupancy shall not be issued until each of the stated conditions has been met. 11. If any of the stated conditions are violated, the applicant understands and agrees that the City Council may revoke this Conditional Use Permit by resolution. Section 2- Land Use The property is approved for a medical office building as well as permitted uses within the R-3-A Zoning District. 2. The property shall be developed in substantial accordance with the conceptual site plan dated 1-22- 2013 prepared by McCoy and Associates. Formal construction plans, incorporating all conditions stated in this permit shall be submitted for review and approval by the Site Review Committee prior to the issuance of a zoning clearance of other development permits. The conceptual site plans submitted with the CUP application are not the approved construction plans. 3. In the event that parking at this site proves inadequate the City reserves the right to open the CUP for further review and additional conditions which may include additional parking requirements revocation of the Conditional Use Permit. Section 3 — Site Development Detailed grading, erosion control, and dust abatement plans for the entire site shall be submitted to and approved by the Site Review Committee prior to construction plan approval and the initiation of development activity. The dust abatement plan shall detail measures to be taken to eliminate the migration of dust particles from the site. 2. All excavated material shall be stored in a location approved by the City Engineer. 3. Geo-technical information regarding the soil characteristics of the site shall be submitted to the City as part of the final site review process. 4. The permittee/developers shall provide both temporary and permanent grassing including fertilizer application on all disturbed areas where construction is not immediately intended. Said plan shall be provided in accordance with an approved ground cover plan acceptable to the City in accordance with best management practices (BMP) of the U.S.D.A. Soil Conservation Service. Section 5 — Utilities and Stormwater The permittee shall be responsible for purchasing, installing, and maintaining fire Hydrants within the project. They shall be installed according to City Code. 2. The project shall be plumbed for reuse water with purple piping, Until such time as reuse water is available, irrigation water shall be provided for by well. Section 7 - Architectural Design Standards 1. All structures shall be designed and constructed in accordance with the Architectural Standards of the City of Clermont. 2. All fencing within public view shall be ornamental metal or brick, as approved by the Site Review Committee. Is c DATE: January 30, 2013 CITY OF CLERMONT CONDITIONAL USE PERMIT (CUP) APPLICATION PROJECT NAME (if applicable): Heart Vascular Institute APPLICANT: Heart Vascular Institute, LLC CONTACT PERSON: Mark Graff, Managing Partner Address: 1200 Oakley Seaver Drive, Suite 203 City: Clermont State: Florida Phone: (352) 516-1580 Fax: E-Mail: mgraff@graffholdings.com FEE: $350.00 Zip: 34711 OWNER: South Lake Hospital, Inc. / John Moore, CEO Address: c/o Orlando Regional Healthcare, P.O. Box 562008 City: Orlando State: Florida Zip:32856-2008 Phone: (352) 394-4071 Fax: Address of Subject Property: Oakley Seaver Drive General Location: NW Corner of Oakley Seaver Drive and Don Wickham Drive Legal Description (include copy of survey): Lot #5, Hospital View, P.B. 54, Pages 31-32 Land Use (City verification required): Residential/Office Zoning (City verification required): R-3-A CITY OF CLERMONT CONDITIONAL USE PERMIT (CUP) APPLICATION Page 2 Detailed Description of request (What are you proposing to do and why is it appropriate for this location? Attach additional page is necessary. Construction of an 18,000 sf Office Building on Lot #5 at the NW corner of Oakley Seaver Drive and Don Wickham Drive. Mark Graff / Heart Vascular Institute, LLC Applicant Name (print) John Moore / South Lake Hospital, Inc. h Owner Name (print) ******NOTICE****** IF THIS APPLICATION IS SUBMITTED INCOMPLETE OR INACCURATE, IT WILL BE SUBJECT TO A DELAY ON PROCESSING AND WILL NOT BE SCHEDULED UNTIL CORRECTIONS ARE MADE. City of Clermont Planning & Zoning Department 685 W. Montrose St. P.O. Box 120219 Clermont, FL. 34712-021 9 (352) 394-4083 Fax: (352) 394-3542 l` / 1 � N 1 O /Os ESSL DER '� `• � l r'- V CUT AND REMOVE EXISTING AND INSTALL NEW ENTRANCE _ \\ 166 16.6 ti START ` 'o D CURB` - p' 2 T D Y1 � 2'0' NW5 b N m NEW RETAINING WALL (SEE SHEET 4) START CURB" 18,182 sf V P TE v OFFI CE BUILDING C EREa START ,,"D CURB" 3' LANOSCAPE STRIP 36 2.5' E siDElwAL4 A T AE I VA M IIA#Kltvd°C ul y a - pNEW - - u HANDICAP NEW 'FOOT TYPE D" CURB ut -sFA1fs;-5----------- -- g � SEE DETAIL" PROPOSED LANDSCAPE NEW 18" STOP BAR AND _ SHEET 7 ISLAND (TYP) - R1-1 STOP SIGN (iW) 'a a6 I o i 8 2 0' 0 0, 16.0, 24F0 2t) �6� 6 - ' THERMOPLASTIC N N1= W APSHAL T PAVEMENT cn CROSSWALK (TIP.)` (Typ) o /I NEW 18" STOP BAR AND ( I f ' 5 I A RI-1 STOP SIGN (TYP) I 5.� 6 + `i6.0' 10.0 - 15' LANDSCAPE BUFFER ca _ s a' EW 5=SOEWALW.58' — — —r� _ EXISTING 5'SIOEWALK EXISTING SIOEWA EXIST DRIVE ° OAKLEY SEAVER DRIVE r DE BEAUBIEN, KNIGHT, SIMMONS, MANTZARIS & NEAL, LLP Attorneys And Counselors At Law A Partnership Including Professional Associations Post Office Box 87 332 North Magnolia Avenue Orlando, Florida 32802-0087 (407) 422-2454 Writer's Telefax (407) 992-3541 Writer's E-Mail: dfm14@dbksmn.com MEMORANDUM To: Chairman Jones and Members of the City of Clermont Planning and Zoning Commission From: Daniel F. Mantzaris, City Attorney DATE: February 28, 2013 Re: Procedural/General Matters Work Session The following is provided to assist you with your service on the Planning and Zoning Commission, and addresses some of the more important issues, which may arise during your term. This memorandum is only intended to act as a guide, and is not an exhaustive analysis of any or all of the issues the Commission may need to address. As City Attorney, I am available to address any of these issues in greater detail should you deem it necessary. A. PLANNING AND ZONING COMMISSION IN GENERAL: Clermont City Code Sec. 2-76, et seq. created the Commission as authorized by the City Charter. As you aware, in most instances the Commission acts as an advisory body to review petitions, receive staff and applicant information, hear public comment and make recommendations to the City Council on zoning related matters. 1. Conditional Use Permits (CUP). Chapter 86, Article II, Division 3, establishes the process for review and approval of an application for a conditional use permit. A conditional use is a use that because of its uniqueness or character is not specifically identified as a permitted use in a particular zoning district, but if regulated as to number, area and location or relation to the area, will not adversely affect the public health, safety, appearance or general welfare. (a) General Criteria for Granting CUP. Upon review and formal action on an application, the Commission may recommend approval to the Council, and the Council may approve a CUP, if it is found from the evidence presented that: r (1) The granting of the CUP will not adversely affect the City's Comprehensive Plan; (2) The use will not be detrimental to the health, safety or general welfare of persons residing or working in the area; (3) The use will comply with the regulations and conditions specified in the City Code for such use; and (4) The use is considered desirable at the particular location. (b) Conditions and Safeguards. In granting a conditional use, the Commission may recommend that the City Council prescribe appropriate conditions and safeguards to protect the public health, safety and welfare and ensure compliance with the codes. (c) Notice requirements. For all CUP applications the date, time and place of the Commission's public hearing, and a concise description of the proposed use must be included in a notice distributed as follows: (1) To all owners of real property within 150' feet of the location of the proposed use; (2) By publication in a newspaper of general circulation at least five days before the Commission hearing; and (3) By a sign posted by the applicant on the subject property. 2. Amendments to Land Development Code or Comprehensive Plan and to Rezone Land. (Chapter 86, Article II of the City Code.) (a) Review Criteria. In considering an application for an amendment to the comprehensive plan or the land development code or a rezoning, the Commission shall consider the following: (1) Consistency with the existing comprehensive plan, or for a comprehensive plan amendment, consistency with the goals, objectives and policies of the comprehensive plan. (2) Consistency with applicable sections of the land development code. (3) In addition, for rezoning requests: (a) Whether the rezoning request is justified by changed or changing conditions. (b) Whether adequate sites already exist for the proposed district uses. (c) Whether requirements of the land development code are adequate to ensure compatibility with adjoining property owners. K, (b) Commission Action. The Commission shall consider and make a recommendation to the City Council on every request for rezoning or proposed amendment to the comprehensive plan or the land development code. (c) Notice requirements. The date, time and place of the Commission's public hearing, and a concise description of the proposed action, must be noticed as follows: (1) To all owners of real property within 150' feet of the location of the subject property; (2) By publication in a newspaper of general circulation at least five days before the Commission hearing; and (3) By a sign posted by the applicant on the subject property. (4) Note: there are additional statutory requirements related to rezoning applications initiated by the City. B. GENERAL STANDARD OF REVIEW FOR COMMISSION MATTERS. 1. Quasi-judicial Body. Although the Commission's actions are advisory recommendations to be heard by the City Council, the Commission makes its determinations based on information and evidence submitted, and as such the commission essentially acts as a quasi-judicial body. Therefore, in making a determination, the Commission should base its recommendation on substantial competent evidence or information. (a) Substantial Competent Evidence. The general view of the applicable case law, is that substantial competent evidence necessary to support a decision by the Commission should be information that is relevant to the matter and that a reasonable mind would accept as adequate to support the conclusion reached. In addition, the information should be "competent", i.e.: something more then opinion not backed up by facts. See DeGroot v. Sheffield. 95 So. 2d 912 (Fla 1957). (b) Fact -Based Decision. Essentially, the Commission should base its decision on facts present to it and not solely upon the wishes of those who appear for or against an application. See Pollard v. Palm Beach, 560 So. 2d 1358 (Fla. 4 DCA 1990 2. Applicant's Burden of Proof. As indicated above the key to all of the matters that the Commission considers is first and foremost making a determination based on substantial competent evidence that the action requested is consistent with the City's comprehensive plan, or in the case of comprehensive plan amendments, consistent with the goals, policies and objectives of the plan. In all such matters, the applicant has the burden of proving that the application is consistent with the City's comprehensive plan. If the applicant sustains this burden and meets the other requirements related to the specific application, then the application should be approved unless the Commission determines that denying the request accomplishes a legitimate public purpose. The public purpose must be legitimate however, i.e.: adverse impact of the established area or injures the public health, safety and welfare. The denial cannot be arbitrary, discriminatory or unreasonable. See Board of County Commissioners of Brevard County v. Snyder 627 So. 2d 469 (Fla 1993). 3. Presentation of Cases Before Commission. The standard procedure for the Commission is for the City staff to provide an overview of the subject matter and the applicant's request and staffs recommendation. The recommendation is usually submitted as part of a staff report and becomes part of the case "record". After staff presents its report, the applicant is given an opportunity to present its case. Since the applicant is entitled to a fair hearing on the request, the Commission should afford the applicant as much time as possible to present its reasons for the approval of the relief it is requesting. After the applicant is finished, then the Commission should receive public comment. It is important to remember that public comment and the applicant's response, if any, should be directed to the Commission and not become a direct debate between the groups appearing before the Commission. Pursuant to the discretion of the Commission through its Chairman, all individuals who appear before the Commission should be given a fair opportunity to be heard on relevant issues. This, however, does not necessarily mean that individuals should be allowed to make repetitive comments or be given several separate opportunities to address the Commission on the same application. 4. Only Relevant Information Should be Considered. It is important that the Commission only receive information that is relevant to the specific question before it. As a result, presentations from applicants and other interested parties should be limited to the specifics of the application submitted. Similarly, Commission members and others should not ask questions or make comments that are not relevant to the specific issues before the Commission, C. GENERAL PROCEDURAL MATTERS 1. Government in the Sunshine. (a) In General: Section 286.011, Florida Statutes, provides that any meeting, gathering or other event where two or more members of a local government board or commission discuss any matters related to, or upon which, foreseeable action may be taken, must be open to the public. Open to the public means properly noticed and in a location at which the general public can attend. (b) Practical Application: Obviously that as Commission members, you must be careful to avoid any discussion regarding pending matters with other members prior to or after your meetings. What may not be as obvious is that it is equally important that during your meeting all of your discussions related to a particular matter be in the sunshine. For example: Sidebars. During a meeting members should not be leaning to the member sitting next to them and softly discussing any case. All discussions, no matter how trivial, need to be made so that the entire Board and audience can hear. Recesses. Anytime the Board is in recess all discussion related to pending cases should cease. (c) Importance: There are two very important reasons why the Sunshine law must be complied with. First, any action taken in a meeting outside of the "sunshine", may be invalidated. Second, an intentional violation of this Law is punishable as a second-degree misdemeanor. 2. Public Records Law (a) In General: Chapter 119, Florida Statutes, Florida's Public Records Law provides that all public records, unless exempt by the statute, must be retained and produced upon request of a member of the general public. It further provides that any individual who obtains possession of a public record may be deemed a custodian of that record and subject to retaining it in accordance with Florida Law. Essentially a document is a public record and must be retained if it is meant to perpetuate, communicate or formalize knowledge related to a public matter. This only applies to the original document and not to unaltered copies utilized for working purposes. It is important to recognize that a -mails and text message to the extent that they are related to City business may be considered public records. (b) Practical Application: As members of the Commission you receive numerous copies of documents, the originals of which are public records. If you utilize the copies simply to refer to during the meeting and do not alter them by adding information that is intended to perpetuate, communicate or formalize any knowledge or information, then the document is likely not to be deemed a public record and does not need to be retained. For example: Copies of your agenda packages need not be retained unless you add personal notes with regard to the proceedings. Personal notes that you take during a meeting are arguably made with the intention to perpetuate knowledge and therefore, may be deemed a public record. If you do take personal notes, it is suggested that you retain them so that if the need ever arises, you can produce them. E-mail and text messages: We strongly suggest that if you are going to use e-mail to communicate any information related, in any manner, to City business that you copy the Rae Chidlow, the Clerk to the Commission. If you do this, then your e-mail will automatically be contained on the City's e-mail server and be available for disclosure in accordance with the Public Records Law. Obviously, if your e-mail is directed to Ms. Chidlow or to another City employee, then it will be on the City server and no additional copy is needed. Similarly, since our office has set up a system to retain e-mails, you may always e-mail me and not be concerned about retention of the e-mail. With regard to text messages, as you are probably aware, the retention and ability to retrieve text messages can be difficult. Therefore, to avoid any issues with the Public Records Law, it is our view that members of the Commission should not send text messages with regard to City business. (c) Importance: A violation of this act could subject you to a noncriminal infraction, including a fine not to exceed $500. If you are deemed to be a custodian of that record and you do not produce it when requested, you may also be responsible for attorney fees, if you are sued for failure to provide public records. 3. Ex Parte Communications (a) In General: The Commission is essentially a "quasi- judicial" body because it makes decisions, applicable to individuals and entities, after hearing testimony and/or receiving evidence. As such, members of the Commission should avoid participating in ex parte communications. Ex parte means that information has been received or communicated to a member of the quasi-judicial body by one parry without notice to the other parry and without the other party being present. (b) Practical Application: As Commission members we believe you should refrain, whenever possible, from discussing any matter that may be before the Commission or could be brought before the Commission. In your cases, individuals that may try to discuss matters with you are usually the applicant or an interested citizen. The general guideline is that as members, you should avoid receiving information directly related to any case unless the information has been provided to you at the public hearing. Receiving information not part of presentation. Essentially any information received by a Commission member that is not part of the presentation at the public hearing or is not presented to the Commission as a group and the parties involved, can be determined to be an ex parte communication. As discussed above, conversations with parties can be deemed ex parte communications. Additionally, reviewing documents, pictures or other information that is not presented to the entire Commission can be determined ex parte communication. This later category, could include independent research by a Commission member, whether done prior to the meeting or at the meeting, for example, by using a smart phone. Therefore, it is our suggestion that Commission members avoid doing research on their own as to the issues that may come before them and avoid using a smart phone during the meeting to obtain information related to the matter. (c) Importance: If you are contacted by a party or interested citizen and participate in an ex parte communication, you have not violated any law. Any action taken, however, could be deemed invalid if it is determined that there was improper ex parte information received or obtained by a Commission member. If such a situation occurs, you should at the public meeting, disclose to the entire Commission and all of the parties what was discussed. To the extent that the ex parte communication involved information such as documents or internet research, in our view, it will be necessary that you have that information available to disclose to the Commission at the meeting. 4. Voting Requirements. (a) In General: As a Commission member you must vote on every matter brought before you at the meeting unless you have a conflict of interest. Pursuant to Section 112.3143, Florida Statutes, a conflict of interest involves a matter which could inure to your "special private gain or loss" or any person or entity you are related to, or associated with. (b) Practical Application: Unless you have a conflict you must vote. You cannot abstain from a vote simply because you know one of the parties involved or because you disagree with the issue before you. General rule: abstain if you have in the past, or could in the future, benefit financially from your relationship with the matter or the parties involved. If not, then you have to vote. If you abstain from any matter, you must do the following: disclose your interest to the Commission as soon as you discover the conflict; 2. refrain from voting on the matter and 3. file the appropriate disclosure form as provided by Chapter 112, Florida Statutes. The form should be available from the Clerk to the Commission. (c) Importance: A violation of this act could subject you to a noncriminal infraction, including a fine not to exceed $500. 5. Decorum. (a) Avoid the Appearance of Impropriety: In all Commission matters, it is essential that members utilize common sense and that you avoid acting, reacting, making statements or commenting in any manner that may give the impression that you are acting unfairly. Remember that it is important that fundamental fairness be afforded to all parties that come before the Commission. One way to ensure fundamental fairness is to limit comments, questions and discussion to the specific issues related to the matter before the Commission. (b) Practical Application: Very often, the Commission is meeting as an impartial body to make a recommendation on a matter that involves a disputed issue. As such, you should work to avoid all appearances of favoritism or support of either party before you. Therefore, we suggest that when practical you should avoid speaking to the parties and others during the hearings except to address issues before the Commission. Additionally, you may want to consider avoiding the use of first names of the representatives when speaking to them during the hearing. Finally, Commission members should avoid addressing issues that are not directly related to the application before the Commission. 6. Parliamentary Procedure (a) In General: The City Code provides that Roberts Rules of Order should be utilized as much as possible to ensure that the meeting is handled appropriately. (b) Practical Application: Over the course of our involvement with local government boards, we have noticed that the following areas could be better addressed from a parliamentary procedural standpoint. (1) Chairman Recognition to Speak. It is important that all Commission members be recognized by the Chairman prior to speaking. As you know, the meetings are electronically recorded and, sometimes there is a court reporter present. As a result, the tape or record of the proceedings could be extremely difficult to understand if members are talking over one another. (2) Making of Motions. Sometimes, as a member is making a motion, another Commission, the applicant, the City staff or an interested citizen will interrupt the member to address a point in the motion. In all cases, the Chairman should request that the member making the motion not be interrupted and that the matter not be discussed until the motion has been seconded. (3) Discussion of Motions. When a motion has been made and seconded, it is subject to discussion among the Commission members and the Commission's Legal Counsel, only. This means that the parties to the matter should not be permitted, or, in most cases, requested, to participate. Thank you for taking the time to review this memorandum, we hope that it has provided you with information that will assist you as you serve the City of Clermont. As always, if you have any questions, or wish to discuss any of these matters further, please do not hesitate to contact me. cc: Mayor and City Council Members Darren Gray, City Manager Scott Blankenship, Assistant City Manager Barbara Hollerland, Planning & Zoning Director s