Town Attorney David Persson has confirmed for Commissioner Jack Duncan that no voting conflict of interest existed when Duncan voted for a hedge ordinance that affects the condominium complex where he lives.
Duncan asked Persson to make a determination when Longbeach resident and former Commissioner Gene Jaleski questioned in an email whether Duncan, a Marina Bay resident, should have voted in favor of a hedge ordinance that reduces the height of a hedge that his residence has complained about.
“Under Florida law, there is an affirmative duty placed upon you as a town commissioner to vote on matters that come before the commission and you are prohibited from abstaining unless there is or appears to be a possible conflict of interest,” Persson wrote in a letter dated Oct. 4.
Persson notes that Duncan resides in Building 2 of Marina Bay, which is unable to see the hedge in question between Building 1 and is southern neighbor.
“Here, it is difficult to understand what your personal gain or loss would be,” Persson wrote. “No voting conflict exists.”
Persson also pointed out he made a similar determination when Jaleski was on the commission when it determined using public funds to build erosion control structures on the north end of the island, which affected Longbeach condominiums. Jaleski jointly owned a Longbeach condominium at that time.
Contact Kurt Schultheis at [email protected].