Friday, December 1, 2017

First-ever public meeting - transparency and public access protected - a successful meeting held with representatives of Florida Power and Light and CalAtlantic Group, Inc., discussions/presentation regarding FPL Cutler Plantation property held before public

Palmetto Bay once again stepped forward to show a new and better way to do business. My first ever meeting with a zoning applicant was held Thursday, November 30, 2017 - and it was held in full view of the public! Thank you to the 40 or so who attended in this first-ever meeting with a zoning applicant - I had no model to work from, but worked with our Clerk, Missy Arocha, to create the format of the meeting - held in full view of the public!  

Please note that there were no decisions or commitments made.  This was an informational meeting where the representatives of Florida Power & Light and CalAtlantic Group, Inc. presented an update on the plans, modified after their Town Hall meeting held with residents.  There will be more discussions and the proposals presented will in all likelihood not be the final plans presented before the Village Council at a zoning hearing.  

I also want to thank the representatives of Florida Power & Light and CalAtlantic Group, Inc. for agreeing to meet (and be the first to meet) in this public meeting. I believe that interest will continue to grow in holding elected officials to public meetings with zoning applicants - keeping the process in the Sunshine - and this event can become a model of transparency for other elected officials to follow.  We can continue to work to polish this meeting method as more meet in this manner.

I recommend that my fellow council members follow this model and we all work together (public, officials and applicants) to remove any perception of back room deals.
  
Please note, though certainly not illegal, the issue is whether you actually think its a good idea for the decision maker to meet in private with a zoning applicant.  I prefer not have anyone question what renderings/documents were presented or what was discussed in private. 

As opined by our Village Attorney, Dexter Lehtinen:
" Whether members of the public view such “secret” meetings favorably or unfavorably is not a legal question.  Rather, the public perception of such meetings is a legitimate political question for resolution in the political forum, rather than the legal forum." 
CLICK HERE to read this memo to the Village Council of June 26, 2017, In summary, 
          (1)  As a legal matter, individual Councilmembers are permitted to meet with landowners and potential developers, such as the owner and/or potential developers of the Old Cutler Power Plant site owned by Florida Power and Light Company.
         (2)  Councilmembers should be prepared to disclose such meetings (and the date, participants, and contents of such meetings) if any later action by the Village Council is determined to be quasi-judicial in nature.
          (3)  In light of expressed desire of many Village residents for more transparency than strictly required by law, the wisdom of such meetings is not a subject of this memorandum. (Emphasis added)


For more information, Please see a related post: Statement regarding public meeting regarding Cutler Plantation Property, 6 PM, 11/30/2017.

To review current Florida law regarding ex parte meetings, see an advisory opinion for the Florida Attorney General.

Palmetto Bay does have a local ordinance, which is why any disclosures at the time a zoning item is heard.   Again, thank you again for those who attended and participated.  

Your Mayor,

Eugene Flinn

2 comments:

  1. Thank you for keeping your promise of not meeting in private with FPL

    ReplyDelete
  2. I hope Cutler Bay officials were watching and learning how to include the public.

    ReplyDelete