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Home My WebLink AboutFW Community Meeting and Attendance by P&Z Board Membersfyi From: Patrice Huffman Sent: Tuesday, November 18, 2014 2:52 PM To: Craig Kittelson (kit737@cfl.rr.com); Harry Pearson (harrymp@cfl.rr.com); John Price (jmp58@ymail.com); Michael Moulton; R. Lamar Russell (famruss376@cfl.rr.com); Ronald Friedman (rfriedman999@bellsouth.net) Cc: David Greene; David Dickey; Todd Morley Subject: FW: Community Meeting and Attendance by P&Z Board Members P&Z Board members – please see the email below from Ms. Kim Kopp, the Assistant City Attorney, regarding attendance at the upcoming public meeting related to the proposed Cumberland Farms project on A1A. Should you have questions, please contact me at 321.868.1221, ext. 11. Dave From: Kim Kopp [mailto:kkopp@orlandolaw.net] Sent: Tuesday, November 18, 2014 2:04 PM To: David Dickey Subject: Community Meeting and Attendance by P&Z Board Members Dave, You’ve asked whether P&Z members may attend a community meeting held by a developer where the meeting is intended to obtain public input from citizens on an application that foreseeably may come before the P&Z board as a quasi-judicial item in the future. While such attendance is not prohibited by law, we advise against it. There are a multitude of potential problems that could arise if members of the P&Z attend such a meeting, and for this reason, we would recommend against it. For example, the sharing of one planning and zoning board member’s comments or views by a facilitator of the meeting to another planning and zoning board member is potentially enough for a sunshine violation when the matter being discussed will foreseeably come before the board members in the future. Additionally, a planning and zoning board member could inadvertently say something that is misinterpreted or misconstrued leading to other types of potential problems. From the developer’s perspective, the developer is seeking to determine what it will present to the P&Z board in the future by taking citizen input at the community meeting. What ultimately comes out of the community meeting may lead to modifications by the developer of any application that the developer eventually submits to the P&Z for a quasi-judicial hearing. If one or more P&Z board members are present at this meeting, the board member(s) could unintentionally confuse information in their mind with respect to what they heard at the community meeting as compared to what is ultimately submitted to the Board. P&Z members will need to consider the evidence brought before them at the quasi-judicial hearing. As far as information gathering is concerned, as you know, once an application comes before the P&Z, members of the public will again have every opportunity to voice their views to the board. Therefore, the board members will be privy to the first-hand views of citizens at that time. Therefore, please advise the P&Z board members that we advise against attending a developer’s community meeting. Thank you, Description: Signature logo Kimberly Romano Kopp, Esq., LEED AP Brown, Garganese, Weiss & D’Agresta Senior Attorney 111 N. Orange Ave., Suite 2000 P.O. Box 2873 Orlando, Florida 32802-2873 Phone (407) 425-9566 Fax (407) 425-9596 Kissimmee (321) 402-0144 Cocoa (866) 425-9566 Website: www.orlandolaw.net <http://www.orlandolaw.net/> Email: kkopp@orlandolaw.net Any incoming e-mail reply to this communication will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we may not receive your reply and/or we may not receive it in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail. Confidentiality Note: This e-mail, and any attachment to it, contains privileged and confidential information intended only for the use of the individual(s) or entity named on the e-mail. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and delete it from your system. Thank you. Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public-records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public-records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public-records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public-records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing nsider the evidence brought before them at the quasi-judicial hearing.  <o:p></o:p> <o:p> </o:p> As far as information gathering is concerned, as you know, once an application comes before the P&Z, members of the public will again have every opportunity to voice their views to the board.  Therefore, the board members will be privy to the first-hand views of citizens at that time.<o:p></o:p> <o:p> </o:p> Therefore, please advise the P&Z board members that we advise against attending a developer’s community meeting.<o:p></o:p> <o:p> </o:p> Thank you,<o:p></o:p> <o:p> </o:p> <o:p> </o:p> <img border="0" width="268" height="93" id="Picture_x0020_1" src="cid:image001.jpg@01D00338.7481F 430" alt="Description: Signature logo"><o:p></o:p> Kimberly Romano Kopp, Esq., LEED AP<o:p></o:p> Brown, Garganese, Weiss & D’Agresta<o:p></o:p> Senior Attorney<o:p></o:p> 111 N. Orange Ave., Suite 2000 P.O. Box 2873 Orlando, Florida 32802-2873 Phone (407) 425-9566 Fax (407) 425-9596 Kissimmee (321) 402-0144 Cocoa (866) 425-9566 Website: <a href="http://www.orlandolaw.net/">www.orlandolaw.net</a> Email: <a href="mailto:kkopp@orlandolaw.net">kkopp@orlandolaw.net</a> <o:p></o:p>  <o:p></o:p> Any incoming e-mail reply to this communication will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we may not receive your reply and/or we may not receive it in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail. <o:p></o:p> Confidentiality Note: This e-mail, and any attachment to it, contains privileged and confidential information intended only for the use of the individual(s) or entity named on the e-mail. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and delete it from your system. Thank you. <o:p></o:p> <o:p> </o:p> Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public-records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing <o:p></o:p> Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public-records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing <o:p></o:p> Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public-records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing <o:p></o:p> </div> Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public-records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing </body> </html>