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HomeMy WebLinkAbout2005 07 26 Letter to Chairman Robert Nippes Regarding DirectivesCITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone: (407) 327-1800 Fax: (407) 327-4753 Website: www.winterspringsfl.org May 16, 2005 Mr. Robert Nippes, Chairman City of Winter Springs Board of Trustees Dear Mr. Nippes and Members of the Board of Trustees, As you are aware, all of the Advisory Board and Committee Members Agendas and Minutes are very close in style and format to the Agenda and Minutes of the City Commission. With this same format used universally, it allows anyone attending any City Meetings to know what to look for, should they be interested in a specific Meeting. This also helps Staff to review Agendas and Minutes in a relatively efficient manner, as all are formatted similarly. During the April 25, 2005 Meeting of the City Commission, the City Commission discussed an Agenda Item pertaining to clarifying "Directives". I have included a copy of the Agenda Item that went to the City Commission and an excerpt from the Official Minutes from that City Commission Meeting which documents the wishes of the City Commission. So that your Board can follow through in the same manner as the City Commission - as the Chairman of the Board of Trustees, please feel free to ask for a Consensus or a Voice Vote anytime any individual Member of your Board requests something not included in a Motion. As agreed to by the City Commission, only the applicable Board sanctioned "Directives" will be noted in the Minutes. I trust that this information is helpful to you, and we thank you for your continued dedication to City of Winter Springs. Luaces, CMC C1LLQ{i1ll11G11LJ COPY: Mayor And City Commission Ronald W. McLemore, City Manager Anthony A. Garganese, City Attorney COMMISSION AGENDA ITEM 503 Consent Informational Public Hearing Regular X A rip 125.2005 Regular Meeting .Mgr. / Dept. .. _ .Authorization_ - -_ REQUEST: The City Manager requests the City Commission to discuss Commission Requests and Directives. PURPOSE: This Agenda Item is needed to discuss issues staff is having with Commission Requests and Directives. CONSIDERATIONS: As per the City Charter, the resources of the City may not be used to fulfill the desires of individual elected officials. The following is an excerpt from the City of Winter Springs' Charter: Section 4.06. General powers and duties. "All powers of the city shall be vested in the commission, except as otherwise provided by law or this Charter, and the commission shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the city by law." Therefore, staff does not place individual comments, requests, and directives on a priority list for action unless the Commission acknowledges the directive or request by formal vote or consensus vote or unless the directive or request is encompassed in previously established policy directive or authorized work programs. Additionally, it is often difficult, if not impossible to understand the intent and content of motions and requests made by the Commission at Commission meetings, and from the tapes of Commission meetings. ~, CITY OF WINTER SPRWGS CITY COMMISSION REGULAR MEETING -APRIL 25, 2005 REGULAR AGENDA ITEM "503" PAGE 2 OF 3 Examples of comments and requests are as follows: Comment/"Directive "made during "Public Input" - (there was no Motion): stated, "1 would like the City Manager to bring back in January, something regarding how the City can react to these types of offenses perpetrated by people who are especially doing business with the Ciry of Winter Springs. " Comment/"Directive "made during a Consent Agenda Item, but not during the Motion: stated, "What I would like you to do if you could is before you actually get started, go back and check the creek -there where that water is going to keep running in and make sure it is properly reinforced. " Comment/"Directive " made during an Informational Agenda Item, but not during the Motion: . ~ ~--- ada'ea~, "I would-like to-se~anlnformationaf#em on-this; maybe even-a-brieJtng by Staff. " Comment/"Directive" made during a Public Hearing Agenda Item, but not during the Motion: said, "Why don't we take another quick look at this Park for skateboards?" added, "Check with Oviedo -what has their response been over there? " Comment/"Directive" made during a Regular Agenda Item - (there was no Motion with this Agenda Item): said, "Is there a way, Mr. Baker you can go back and take a look at the PUD's jPlanned Unit DevelopmentsJ? I think we probably ought to average that -also so that we can come up with -the same thing doesn't apply to every district or every Zoning District as to the size of the out parcel. I think we need to find out what that means to the size of the lot and it may be that it becomes a percentage of -the lot, maximum; and I think that is what we are trying to get to, by getting this information. " Comment/"Directive" made during aWorkshop - (there were of course no "Motions" at this/any Workshop): asked, "Are you asking to have it put in the Budget? " With further discussion, said, "Put it in there. " Manager McLemore then said, "Okay, we'll make that amendment. " As shown in the partial excerpts noted above, none of those statements were part of a Motion; none of those "Directives" received a consensus of the. City Commission for Staff to comply with; and one or more of those statements could have been stated by the Mayor. 1~ CITY OF WM'rER SPRINGS CITY COMMISSION REGULAR MEETING -APRIL 25, 2005 REGULAR AGENDA ITEM "503" PAGE 3 OF 3 RECOMMENDATION: In order for the staff to clearly understand the policy direction of the Commission, and for the Commission to avoid incorrect assumptions about staff commitments to Commission comments, requests, and directives, the following is recommended. 1. Individual Commission desires expressed as comments, requests, or directives will not be added to the directives list unless; a) The request is voted on by formal vote, or; b) The request is acknowledged by action of the Mayor to confirm a consensus of the Commission on the request. 2. In either case the request will be verified by action of the Mayor requiring all parties -_ _ to-acknowledges un~rstandmg-of the request. in-questions prior-to_ tho= formal vote ozr the acknowledgement by consensus. COMMISSION ACTION: CITY OF WINTER SPRINGS, FLORIDA MINUTES CrrY COMMISSION REGULAR MEETING -APRIL 25, 2005 PAGE 16 OF 22 REGULAR 503. Office Of The City Manager Requests The City Commission To Discuss Commission Requests And Directives. Manager McLemore addressed this Agenda Item with the City Commission and pointed out, "A comment by a Commissioner is not adequate enough to put it on the list [Directives]." Commissioner McGinnis said, "I agree." Manager McLemore added, "What goes on that "Directives list is something that either by Consensus of this group - or by a `Vote' formally. You say, this is important enough that it's an action of this `Body', not an action of this `Individual'." Manager McLemore added, "Now a lot of times, the things that you talk about, are things we're already authorized to do anyhow, so we would go ahead and address those as a matter of course." Then, Manager McLemore noted, "Act as a collective `Body' on these things and at least - let''s get the.``Dire~tive' -very clear-and understood."- _ _ _ _ _- - _- With further discussion, Manager McLemore said, "What I'm asking is that the Mayor, or someone repeat or acknowledge it on Record that the Commission by Consensus is requesting the Staff to do thus and so; and, put it in the Record that way." Mayor Bush noted, "One Commissioner should not direct Staff without the entire Commission giving Staff the okay on this, and I will try to do that -and maybe then just state it a little more directly, into the Record after I see the nodding of the heads." Mayor Bush added, "I can take care of that and of course if - a Commissioner wants to make a Motion, obviously one can do that." Discussion. Then, Mayor Bush remazked, "What I will try to do in the future, is even on those issues like Commissioner Krebs is mentioning, when one Commissioner makes a statement such as that, I will then stop it and say, `Do all the Commissioners agree with what Commissioner Krebs in this case might be asking for', and then we will get that into the Record." Commissioner Krebs said, "Okay." Mayor Bush then said, "Then we will have to rely on Staff to say, wait a minute, we don't know exactly what you are saying." In summary, Mayor Bush said, "My interpretation of our discussion that we just had is that I will make sure that when one Commissioner makes a comment about bringing something back that we get Consensus .from the Commission -all Commissioners - at least the majority that that is the desire of the entire Commission and then make sure it gets recorded in the Minutes so that it can be referred to by Staff. And then the other issue is when we are developing more complex issues of where we might have multiple items, that we take our time and go through them one by one in terms of making sure we have Consensus and -Staff knows what the Commission wants back." ' CITY OF WIIdTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETii1VG -APRIL 25, 2005 PAGE 17 OF 22 Commissioner Krebs said, "If the Clerk is having trouble understanding everything that we want that she should also question us." Mayor Bush "Yes, definitely..." Commissioner Krebs said, "...For a summary or more explanation if she needs it." Manager McLemore added, "And I think she will if you make it known that -you're not offended by that." Commissioner Krebs added, "I'm not offended and I want her to." Commissioner McGinnis said, "I do too. I agree." Mayor Bush added, "No apologies - just say, `I don't understand this - it needs to be more clear', to get it into the Record." Deputy Mayor Blake added, "That is right." Mayor Bush asked, "Do we have Consensus on that Commissioners?" Commissioner McGinnis, said, "Yes, we do." Commissioner Krebs noted, "Yes." Mayor Bush stated, "We have everybody shaking their head `Yes' -let the Record show." Mayor Bush noted, "All those present." REGULAR 504. Community Development Department Requests The City Commission Consider And Approve The Final Engineering/Site Plan Modification For The Northeast 2 (Two) Acres Of The Approximately 15 (Fifteen) Acre JDC Calhoun/Doran Town Center Site, Just East Of The TuskawiUa Road And South Of The Kingsbury Home. The Building Elevations Are Still In The Modification And Staff Review Stages. Tape 2/Side B Mr. Baker presented this Agenda Item and displayed pictures. With discussion, Deputy Mayor Blake noted from the Agenda Item wording, "`Just east of Tuskawilla Road and south of the Kingsbury home'." Mr. Baker noted, "West of Tuskawilla Road..." Deputy Mayor Blake pointed out, "...It says `East of Tuskawilla Road', is it east?" Mr. Baker noted, "My mistake." Deputy Mayor Blake added, "Because it said `East' last time we had this Item too, and it was brought up -and it still says `East'." Further discussion ensued with Mr. Baker. "I MAKE A MOTION TO APPROVE THE ITEM." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. MAYOR BUSH STATED, `PTO ACCEPT STAFF'S RECOMMENDATION ON ITEM `504'."