Reg City Council 6-14-11 minutes.pdf - The City of Titusville, Florida

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Recreation Department was requesting to defer the submittal of the FY 2012 proposed budget in order to obtain tax rolls and other information from the Property Appraiser. Motion: Member Pritchett moved to approve Brevard County Parks and Recreation’s request to defer the submittal of the FY 2012 Proposed Budget as requested. Vice-Mayor Johnson seconded the motion. The motion carried unanimously. xxx Advisability to Proceed with an Ordinance Amending Codes Related to Accessory Structures – City Manager Ryan advised Section 59-32 of the Land Development Regulations provided the various rules and regulations for governing and were included in the agenda package. Staff had become aware of an issue relative to the setbacks for accessory buildings and structures, particularly when the side of a lot abuts the rear of another lot. In that case, the side setback for the first lot for an accessory structure was ten feet, while the setback on the rear lot line for the abutting lot’s accessory structure was five feet. Staff was in the process of revising the residential zoning sections of the code, and would be starting with that section. Staff was seeking advisability for examination of that issue and prepare a recommended amendment to Section 59-32 to address that issue and any others that staff felt appropriate. Mayor Tulley advised he would abstain from voting on any discussion related to this item. He clarified he had brought this issue to staff’s attention and lived on one of the lots that had a side yard facing the back yard line of other properties. If Council passed an amendment to Section 59-32, he would possibly benefit from it. Member Long asked whether staff was aware of other similar issues in the City. Planning and Growth Management Director Barker advised when staff became aware of issues, they looked at their maps and found there were many other similar issues. Staff recognized Section 59-32 was outdated. Motion: Member Long moved to approve advisability for staff to proceed with an ordinance amending code section 59-32 related to Accessory Buildings and Structures and any other sections staff felt was appropriate to address as requested. Vice-Mayor Johnson seconded the motion. The motion carried 4-1 with Mayor Tulley abstaining. xxx City Manager Ryan highlighted the following information item: Informational Items 18
• FY 2011/2012 Final CDBG/Home Allocations • Extension of Hours of Sale of Alcoholic Beverages on Sundays • Receipt of the Preliminary Estimated Taxable Values • National Flood Insurance Community Rating System • 2010 Census • Red, White, and Boom Over North Brevard xxx Mayor Tulley advised the City Manager would be hosting a small reception for retiring Water Resource Director Raynetta Marshall on Thursday, June 16, 2011 and hoped Council Members would attend. CITY ATTORNEY’S REPORT xxx City Attorney’s Report - City Attorney Severs provided a written report. Deputy City Attorney Broome highlighted as followed: Florida Bar Rule 4-4.2 “No Contract Rule” On December 10, 2010, the Florida Bar Board of Bar Governors adopted Ethics Opinion 09-1. The Opinion concluded that a lawyer may not communicate with government officers, directors or employees who were directly involved or whose acts may be imputed to the governmental entity in a represented nature about the subject matter of the representation. The fundamental principle underlying Rule 4-4.2 entitled, “communication with persons represented by counsel” commonly known as the “No Contact Rule” was that a lawyer may not communicate with the represented person without the consent of the other person’s lawyer. The stated rationale behind that rule was to prevent interference with attorney/client relationship and to prevent a lawyer from persuading a represented person to act or make statements, disclosures or taking a position contrary to the government’s interest. The Opinion concluded that an attorney must obtain the consent of the governmental lawyer prior to communicating with the governmental officers, directors or managers, as well as employees who were directly involved in the matter. The bar or prohibition extends to public officers or employees whose acts or omissions were imputed to the agency. The Ethics Opinion cautioned lawyers that communicating directly with governmental officers and employees on matters unrelated to specific legal representation must not be used as a vehicle to evade requirements of obtaining consent by “closing eyes to the obvious”. 19
Page 1 and 2: City Council Regular Meeting June 1
Page 3 and 4: City Manager Ryan advised Water Res
Page 5 and 6: contract. Another difference was th
Page 7 and 8: City Manager Ryan advised the Titus
Page 9 and 10: The motion carried unanimously. xxx
Page 11 and 12: Member Pritchett moved to approve R
Page 13 and 14: City Manager Ryan clarified that in
Page 15 and 16: Motion: Member Long moved to approv
Page 17: Member Long advised she was unable
Page 21: minors, Section 12-4 - Same-Relinqu

Reg City Council 6-14-11 minutes.pdf - The City of Titusville, Florida

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