Council tables proposed rewrite of quasi‑judicial procedures after months of public concern
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Summary
Titusville council delayed action on a staff‑draft resolution to update quasi‑judicial hearing rules after extended public comment about who would have 'party' standing and how ex parte communications would be handled; the item was tabled to April 28 for statutory clarification.
Mayor Connors and the council on April 14 voted to table a proposed resolution that would replace a 1997 quasi‑judicial procedures resolution and add a process for third‑party interveners and clearer standards for ex parte communications.
The measure, identified in the agenda as item 8b, drew sustained public comment from residents who said the draft could narrow meaningful public participation or create inconsistent standing rules. Melinda Baer, a Royal Oak property owner, told the council she worried the reform would let the city “allow ex parte communications” that undercut transparency and that residents would lack party status. She urged delaying the vote until concerns were addressed.
Multiple speakers pressed the council about the resolution’s definitions of ‘abutting’ versus ‘adjacent’ property and whether residents beyond immediate neighbors would be able to obtain party standing in hearings. “To gain basic rights such as presenting evidence and cross‑examining witnesses, a resident must qualify as an affected person and file notice in advance,” Baer said, adding that most citizens would not know how to navigate that process.
City Attorney Jeffs defended the revision as an update to bring the city’s procedures into line with statute and case law, saying the office had “vetted it” and that the draft expands public participation in some respects. He told the council the changes were intended to clarify long‑standing rules and noted the draft added a narrowly defined opportunity for certain nearby property owners to have enhanced party rights.
Council members debated whether the draft’s terminology should read 'abutting' or 'adjacent.' Member Moscoso, who requested the item be pulled for discussion, said the new rules would create an additional way for residents who meet qualifying criteria to speak at hearings and receive more time. Member Nelson and others said they wanted a brief delay to allow staff and legal counsel to compare statutory language and provide clarity on options.
Following the public comments and staff responses, Member Moscoso moved and Vice Mayor Cole seconded a motion to table the resolution until the April 28 meeting with direction to the city attorney to provide a statutory comparison of 'abutting,' 'adjacent' and 'adversely affected' definitions. The motion carried unanimously.
The council did not adopt any procedural changes at the April 14 meeting; the resolution remains under review ahead of the April 28 session.
