Minutes - 2023 - City Council - 03/08/2023 - Special EAGLE CITY COUNCIL
SPECIAL MEETING MINUTES
March 8,2023
1. CALL TO ORDER: Mayor Pierce calls the meeting to order at
2. ROLL CALL:
CITY COUNCIL: Present: GINDLESPERGER, PIKE, BAUN, RUSSELL. All present. A
quorum is present.
DESIGN REVIEW BOARD: Present: GRUBB, SAYER, GREER. Absent: DUPERAULT,
LINDGREN, MERRILL, MIHAN.
DEVELOPMENT IMPACT FEE ADVISORY COMMITTEE: Present: GRUBB, VAN
ARNEM,NEILSON, HART, THOMAS. Absent: FILLMORE.
EAGLE ARTS ADVISORY COMMITTEE: Present: SHAWVER. Absent: ALLEN,
HAMLETT, ROSS.
EAGLE PUBLIC LIBRARY BOARD: Present: HOPKINS, TAYLOR, Absent: LEWIS,
BRACKNEY,ALMON.
HISTORIC PRESERVATION COMMISSION: Present: MACFARLANE, DUNN.
Absent: D' ANDREA, HEATH.
INDUSTRIAL DEVELOPMENT CORPORATION: Present: BEROIZ, BAUN Absent:
HOPE.
PARKS, PATHWAYS AND RECREATION COMMISSION: Present: FAUSTINA,
CROCKETT, IVIE Absent: HUFFAKER, DECKERS, ELWER, , LOFAS.
PLANNING & ZONING COMMISSION: Present: GUERBER, Absent: WRIGHT,
MCCAULEY, MCLAUGHLIN, SMITH.
3. PLEDGE OF ALLEGIANCE:
4. MUNICIPAL MEETING TRAINING:
A. City Attorney, Victor Villegas to provide municipal meetine trainine to the City
Council, Design Review Board, Development Impact Fee Advisory Committee, Eagle
Arts Advisory Committee, Eagle Public Library Board, Historic Preservation
Commission, Industrial Development Corporation, Parks, Pathways and Recreation
Commission, and Plannin¢ & Zonine Commission.
Mayor Pierce introduces the item.
City Attorney,Victor Villegas, reviews Idaho State Code regarding items including local land
use planning act, public records, Idaho Open meeting laws, conflict of interest, ex-parte
contact.
General discussion.
Question and answer discussion between Attorney Villegas, and those in attendance.
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5. ADJOURNMENT:
Gindlesperger moves to adjourn. Seconded by Russell. ALL AYE...MOTION CARRIES.
Hearing no further business,the Council meeting was adjourned.
Respectfully submitted:
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APPROVED: sees ��0�J
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AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD AT
W W W.CITYOFEAGLE.ORG.
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2023 Joint Session
1. Open Meetings
2. Quasi Judicial Role
3. Conflicts of Interest & Bias
4. Motions
Open Meetings
PREAMBLE
The people of the state of Idaho in creating the instruments of government that serve them, do not
yield their sovereignty to the agencies so created. Therefore, the legislature finds and declares that
it is the policy of this state that the formation of public policy is public business and shall not be
conducted in secret. §74-201
Open Meetings (contd.)
What is a “meeting” for purposes of the Open Meetings Law?
*Quorum of the council, commission or committee.
*meet for the purpose of Deliberating or making a Decision
“Deliberation” means the receipt or exchange of information or opinion relating to a decision, but shall not include informal or impromptu discussions of a general nature that do not specifically relate to a matter then pending before the public agency for decision. I.C §74-202(2).
“Decision” means any determination, action, vote or final disposition upon a motion, proposal, resolution, order, ordinance or measure on which a vote of a governing body is required, at any meeting at which a quorum is present, but shall not include those ministerial or administrative actions necessary to carry out a decision previously adopted in a meeting held in compliance with this chapter. I.C. §74-202(1)
Open Meetings –Group Emails
*A group email of the council, commission or committee can constitute a quorum and is subject
to open meeting laws if it involves deliberation or decision
*Not open meetings if no deliberation or decision but merely impromptu discussions of a general
nature
Open Meetings –Serial Meetings
Definition: series of communications (written or verbal) among decision making body
(e.g. council, commission, committee) that:
•less than a quorum
•outside the public
•leads to a developing concurrence on an action
Open Meetings –Public Participation
Does public get to speak? It depends!*Public has right to attend meetings not necessarily allowed to speak on all matters
*Public hearing/testimony (State law requirements)Examples:
◦Prior to granting a special use permit, at least one (1) public hearing in which interested
persons shall have an opportunity to be heard shall be held. I.C. 67-6512(b)
◦A governmental entity that seeks to consider adoption, amendment, or repeal of a
capital improvements plan shall hold at least one (1) public hearing. I.C. 67-8206
Public Participation (contd.)
How Long Does public get to speak?
*Due Process requires that public hearing be held at a “meaningful time and in a meaningful
manner”
*Idaho Supreme Court has previously held:
◦2 minutes may not be sufficient-Cowan v. Board of Com’rs of Fremont County, 143 Idaho 501 (2006)***
◦4 minutes is sufficient -In re Jerome Cty. Bd. of Comm'rs, 153 Idaho 298 (2012)
Quasi Judicial Role
Land Use (Rezones, Conditional Use Permits plats)
-Decision maker must confine its decision to the record produced at the public hearing. See e.g.Idaho
Historic Preservation Council v. City Council of City of Boise, 134 Idaho 651, 8 P.3d 646 (2000)
•Staff reports
•P&Z findings and recommendation to CC
•Written comments from public and agencies
•Public Testimony & Exhibits taken at the public hearing
Quasi Judicial Role (contd )
Idaho Code §67-6536
In every case in this chapter where an appeal is provided for, a transcribable verbatim record of the proceeding shall be made and kept for a period of not less than six (6) months after a final decision on the matter. The proceeding envisioned by this statute for which a transcribable verbatim record must be maintained shall include all public hearings at which testimony or evidence is received or at which an applicant or affected person addresses the commission or governing board regarding a pending application or during which the commission or governing board deliberates toward a decision after compilation of the record. Upon written request and within the time period provided for retention of the record, any person may have the record transcribed at his expense.
The governing board and commission shall also provide for the keeping of minutes of the proceedings. Minutes shall be retained indefinitely or as otherwise provided by law.
Things to Avoid--Ex Parte Contact
What is it?
*Communications with the public or applicant on a pending application.
*Communication between a quasi-judicial decision maker and one side, where the other side is
not present.
Disclosure: Any ex parte communication must be disclosed at the public hearing, including the identity of
those involved and a general description of the communication. The purpose of the disclosure requirement is
to afford opposing parties with an opportunity to rebut the substance of any ex parte communications.
Things to Avoid--Site Visits; Research
*Do not visit the site unless there is notice to all interested parties.
*Independent research
*It’s all about Due Process/Fairness
Conflicts of Interest
“A member or employee of a governing board, commission, or joint commission shall not participate in any
proceeding or action when the member or employee or his employer, business partner, business associate, or any person related to him by affinity or consanguinity within the second degree has an economic interest in the procedure or action. Any actual or potential interest in any proceeding shall be disclosed at or
before any meeting at which the action is being heard or considered. For purposes of this section the term
‘participation’means engaging in activities which constitute deliberations pursuant to the open meeting act.
No member of a governing board or a planning and zoning commission with a conflict of interest shall
participate in any aspect of the decision-making process concerning a matter involving the conflict of interest. A knowing violation of this section shall be a misdemeanor.” I.C. §67-6506
Conflicts of Interest (contd ,)
Economic interest must be personal and direct, not general or derivative
*Relationship to decision maker:
You
EmployerBusiness PartnerBusiness AssociateFamily: Spouse, Parents, Children Brother, Sister, Grandparent, Grandchild, Aunt, Uncle, Niece, Nephew, First Cousin and their spouses.
Conflicts of Interest (contd ,)
If there is a Conflict of Interest follow I.C. §67-6506:
1. Disclose
*Any actual or potential interest in any proceeding shall be disclosed at or before any meeting at which the
action is being heard or considered.
2. Do Not Participate
*No member of a governing board or a planning and zoning commission with a conflict of interest shall
participate in any aspect of the decision-making process concerning a matter involving the conflict of interest
Bias
◦Statements by a decision maker indicate unlawful bias if the statements show that the decision maker: (a)
has made up his/her mind regarding the facts and will not listen to the evidence with an open mind, or (b)
will not apply the existing law, or (c) has already made up his/her mind regarding the outcome of the
hearing.
◦A decision maker is not disqualified simply because he/she has taken a position, even in public, on a policy
issue related to the dispute, in the absence of a showing that the decision maker is not capable of judging a particular controversy fairly on the basis of its own circumstances.
◦A decision maker must maintain an open mind and consider all the evidence presented before making the
final decision.
Motions & Discussion
General Procedure for handling a Motion
1.Member normally must obtain the floor by being recognized by the chair
2.Member makes the motion (clear and concise no explanation needed at this time)
3.Motion seconded by another member
4.Amendment