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HomeMy WebLinkAbout2007 03 26 Regular 603 Re-address Directives COMMISSION AGENDA ITEM 603 Regular March 26. 2007 Regular Meeting Mgr. / Dept. Authorization REQUEST: The City Manager requests the City Commission re-address "Directives". PURPOSE: This Agenda Item is needed to re-clarify the preference of the City Commission related to "Directives" noted at City Commission Meetings. CONSIDERATIONS: 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. As all powers are vested in the City Commission - any "Directives" and actions of the City Commission that are noted at City Commission Meetings are of great concern to Staff. Therefore, in following our City's Charter, all "Directives" should actually be made by the City Commission as a collective body. CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION REGULAR MEETING - MARCH 26, 2007 REGULAR AGENDA ITEM 609 PAGE 2 OF 4 As noted on Attachment "A", Resolution 2001-04, our Minutes are supposed to be a summary, and as outlined under the fourth "WHEREAS", "they should contain mainly a record of what was done at the meeting, not what was said by the members." Therefore, we need to make sure everyone is in agreement that we follow this Resolution which will also help with what is noted in the Minutes and on the City Commission Directives Masterlist, which is currently being updated. Regarding the City Commission Directives Masterlist, as it currently stands at over 500 pages, it will be a few more weeks before everything can be reviewed and an updated version be made available to the City Commission. (Part of the reason that the City Commission Directives Masterlist is so voluminous is due to so many individual comments, without being supported by a Consensus or a Motion). At the April 25, 2005 Regular Meeting of the City Commission, Regular Agenda Item "503" was presented to the City Commission and discussed and it was agreed that we would get a Consensus if the Mayor or an individual Commissioner asked for something. This agreement has not really been followed since April 25, 2005, so we need to again ask for the City Commission's thoughts on this issue. Based on what was agreed on at the April 25, 2005 City Commission Meeting, and in order to follow the words and spirit of what is noted in the above excerpt from our Charter noted herein "CONSIDERATIONS", we need to further enforce what was agreed upon at the April 25, 2005 City Commission Regular Meeting, or agree on some other directive of the City Commission. If we were to go forward with what was agreed upon during the April 25, 2005 City Commission Meeting, the following sample statements would not be included in the Minutes, nor in the City Commission Directives Masterlist, however, there may possibly be a reference to the overall discussion: 1) Under Reports, Commissioner Y stated, "Manager McLemore, please bring back a Report on the costs affiliated with all Advertisements throughout all City Departments." 1) Explanation: The above comment is made by one (1) Commissioner and there was no Consensus related to this discussion, and no Motion. CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION REGULAR MEETING - MARCH 26, 2007 REGULAR AGENDA ITEM 609 PAGE 3 0F 4 2) Commissioner Q remarked about growth along US Highway 17-92 and suggested, "I would like Staff to bring back information on setting up a Workshop with the City of Casselberry." Commissioner Wadded, "I agree, that is a great idea." 2) Explanation: The above comment is made by one (1) Commissioner with a second Commissioner agreeing, however, there was no Consensus (3 or more Commissioners) related to this discussion, and also no Motion. The following sample statements though WOULD be included in the Minutes and would also be shown on the City Commission Directives Masterlist: 3) Under Reports, Commissioner Y stated, "Manager McLemore, please bring back a Report on the costs affiliated with all Advertisements throughout all City Departments." Mayor Bush asked for a Consensus, and Commissioner P stated "Yes, that is fine." Commissioner T stated, "I would agree with that." Commissioner Z stated, "Yes, okay." Mayor Bush noted, "We have a Consensus." 3) Explanation: The above comment was made by one (1) Commissioner and then Mayor Bush asked for a Consensus, of which three (3) or more Commissioners agreed with what was suggested. 4) Commissioner Q remarked about growth along US Highway 17-92 and suggested, "I would like Staff to bring back information on setting up a Workshop with the City of Casselberry." Commissioner A added, "I agree, that is a great idea." Commissioner W remarked, "I would agree with that." 4) Explanation: The above comment was made by one (1) Commissioner with a second and third Commissioner also agreeing. No outright request for a Consensus (three (3) or more Commissioners) was needed, as three (3) Commissioners voiced their agreement on the Record. RECOMMENDATION: Does the City Commission want only Consensus of requests or suggestions by Members or Motions approved by the City Commission to appear in the City Commission's Minutes, and subsequently in the City Commission Directives Masterlist? CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION REGULAR MEETING - MARCH 26, 2007 REGULAR AGENDA ITEM 609 PAGE 4 0F 4 If yes to the above, the City Commission will need to appreciate that if the Mayor or one (1) or two (2) individual Members of the City Commission ask for something, during any portion of any City Commission Regular Meeting, City Commission Special Meeting, City Commission Workshop, or any other City Commission "Meeting" that Minutes are taken at, that if there is not a Consensus or Motion that that request will most likely not be in the Minutes. It is also understood that the Mayor, or any Member of the City Commission, the City Manager, the City Attorney, and or the City Clerk may ask if there should be a Consensus, and if one is not taken, then those comments would again not be made part of the Minutes, nor the City Commission Directives Masterlist. Whatever is approved by the City Commission would also be followed in the recording of the Minutes of the City's Advisory Boards and Committees. ATTACHMENTS: A. Resolution 2004-0 I B. Agenda Item "503" from the April 25, 2005 City Commission Regular Meeting C. Excerpt from the Minutes of the April 25, 2005 City Commission Regular Meeting (related to the discussion of Regular "503") COMMISSION ACTION: ATTACHMENT "A" RESOLUTION 2001-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA FORMULATING A POLICY TO ENSURE THAT ALL MEETING MINUTES OF THE CITY COMMISSION INCLUDING ALL ADVISORY BOARDS AND COMMITTEES ARE CONSISTENT IN THE SAME STYLE AND FORMAT, AND FOLLOW THE SAME GENERAL GUIDELINES AS LISTED BELOW; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs, Florida, has found it necessary to periodically review its practices to provide guidelines for the most expedient and efficient business practices in the City; and believes that all meetings held by the City Commission and their Advisory Boards and Committees should be consistent; and WHEREAS, the City Commission of the City of Winter Springs, Florida has and will continue to comply with Florida Statutes 286.011 (2) which states that "The minutes of any such board or commission of any such state agency or authority shall be promptly recorded;" and will be retained in accordance with the State of Florida Records Management designated time limitations. WHEREAS, all public meetings of the City Commission, and all of their Advisory Boards and Committees are recorded using audio tapes, which will serve as the recordation of a meeting, and will be retained in accordance with the State of Florida Records Management designated time limits. From these audio tapes, official minutes will be promptly completed, thus serving as the official record, for all of time. The official and approved minutes will as always, be retained in accordance with the State of Florida Records Management designated time limitations. WHEREAS, the City Commission of the City of Winter Springs, Florida agrees with a statement from the 9th Edition of Roberts Rules of Order (Newly Revised), Edited by Henry M. Robert III and William J. Evans which states that "In an ordinary society, unless the minutes are to be published, they should contain mainly a record of what was done at the meeting, not what was said by the members." The City Commission at their December 9, 1999 Regular Meeting, adopted Resolution Number 908 which established "certain policies and procedures for the conduct of any Commission Meetings." Item Number 3. of Resolution Number 908 notes that "Robert's Rules of Order shall be the 'underlying foundation' for the conduct of Commission Meeting." FURTHERMORE, the City Commission of the City of Winter Springs, Florida agrees that as the written minutes are intended to be just a summary of the actions that were taken, all minutes of the City Commission, and all of their Advisory Boards and Committees will be of the same style and format, with a foundation of brevity. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, AS FOLLOWS: Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Meetings. All public meetings shall be recorded in full. Except as printed herein. All minutes shall be produced and maintained in accordance with the 9th Edition of Roberts Rules of Order, maintaining a record of what is done, rather than what is said. Motions. All motions will be transcribed in full, along with who made the motion, and any corresponding vote(s). Body. No comments, discussion, or statements that are stated or written "for the record," either by a member of the Commission, (any Advisory Board and/or Committee), the City Manager, the City Attorney, City Staff, or any member of the audience will be transcribed verbatim, unless the voting members unanimously agree to this, complete with a Motion and a documented vote confirming this. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Resolution is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Resolution. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. ADOPTED by the City Commission of~y of Winter Springs, Florida, ill a regular meeting assembled on the 26th day of March,\~OOl. \ . ;/ ~"'\-Jr i - \ 'I I \ , -h-"- '\\,- j: ".J'\, j. '~ - ',,' l,.~."\....-'(,Uv.." -,.,~___ Paul P. Partyka, Mayor / I A ItrEST: / , I I , ., \ ,/ . -L 'A'/~ f .... ....x-'. '-, , .- L..Artdrea Lor~~~ 4':uaces, City Clerk /- AS TO LEGAL FORM AND SUFFICIENCY Y F WINTER SPRINGS, FLORIDA ONLY: Anthony A. Garganese, City ttorney ATTACHMENT "B " COMMISSION AGENDA ITEM 503 Consent Informational Public Hearing Regular X / // ;1// Mgr. / Authorization REQUEST: The City Manager requests the City Commission to discuss Commission Requests and Directives. April 25. 2005 Regular Meeting Dept. 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 ful1ill the desires of individual elected ul1icials. The following is an excerpt from the City of Winter Springs' Charler: Section 4.06. General powers and duties. .' An powers of the city shall be vested in the commission, except as othenvise 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 nul place individual comments, reqLLt:sts, 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 previuusly establishl:.u policy directive or authorized work programs. Additionally. it is oHcn difficult, if 110t impossible Lu understand the intent and content uf motions ami requests made hy the Commission at Commission meetings, and from the tapes of C011l1nission meetings. CITY OF WINTER SPRINGS CITY COMMI~SION REGULAR MeETING - APRIL 25.7.005 REGULAR AGFNOA ITEM "503" PAGE 2 OF 3 Examples of cumments and requests are as follows: Cumment/'Directive" made during "Public Input" (there was no Motion): stated, "I would like the City Manager to bring back in January, something regarding hm1-' the Cily can react to these types ofoiJimses perpetrated hy people whu are especially doing business with the City ~f'Winter Springs. " Commentl"Dil't~ctive " made during a Consent Agenda Item, but not during the Motioll: stated, .. What I would like you to do if you could is before you actually get started, go hack and check the creek - there where that water is going to keep running in and make sure if is properly reinforced" Commenl/"Directive" made during an Informational Agenda Item, but not during the Motion: added, "Ili-'ould like 10 see an Informational Item on this, maybe even a hriefing by Staff" Commenl/"Directive" made during a Public: Hearinp, Agenda Item. bllt not during the Motion: said, "Why don't lve lake another quick look at Ihis Park for skateboards?" added, "Check with Oviedo - what has their response been over there? ,. Commem/''Direclive'' made during a Regular Agenda item - (there was no Motion with this Agemla Item): said, "Is there a way, Mr. Baker you can go hack and take a look at the PUD's IjJlanned Unit Developmenls I? f think we probably ought 10 average that - also so that we can come up l'l-'il/1 - the same thing doesn't apply 10 every district or every Zoning District as to 'he size olthe out parcel. I think we need to find out what that means 10 Ihe size of the lut and it may be that it becomes a percentage of - the lot, maximum: and I think that is what we are "ying to gel to, by getfin!{ this information. II Comment/" Directive" made during a Workshop -- (tllere were of course no "Motions" at this/any Worblwp): asked, "Are you asking to have it put in the Budget?" With further discussion.. ___ said, "Put if in there." Manager McLemore then ,~aid, "Okay, we'll make that amendmenl. " As shown in the partial excerpts noted above, none of those statement!; were parl uf a Motion; none of those .'Directives" received a consensus of the City Commission for Starr to comply with; and one or morc of those statements could have been stated by the Mayor. CITY Or-WINTER SPRIN(,S CITY COMMISSION RECil1l ,AR MFFTING - APRIL 25,2005 REGULAR AGENDA ITEM "50T' 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 d~sir~s 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 lh~ reql.lest will be verified by action of the Mayor requiring all parties to acknowledge understanding of the request in question prior to the fomml vote or the acknowledgement by consensus. COMMISSION ACTION: ATTACHMENT "C" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY 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 "Directive' 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 remarked, "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 WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 25, 2005 PAGE I70F22 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 Tuskawilla 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, "TO ACCEPT STAFF'S RECOMMENDATION ON ITEM '504'."