A hotly discussed subject on the May 21st Commission Meeting was the apparent "roll-over" of Planning and Zoning board members. The term "roll-over" denotes those members who are serving an additional term without having the commission formally appoint them, something that is against the City of Alachua's charter. This issue has been heavily pushed by Commissioner Robbins, mainly, she says, because it was something that was not done proper. At a recent workshop Commissioner Lewis accused her of attempting to stack the Planning and Zoning board with "her people." At the last commission meeting, Commissioner Robbins requested that this be placed on the Agenda for discussion. What follows is a summary and partial transcript of that portion of the May 21st Commission Meeting.
Commissioner Lewis said that the former City Manager, Charlie Morris, was here tonight and asked him to speak on this matter.
What he said can be condensed to the following: Mr. Morris said that during his 12 years serving as City Manager, it was very difficult in getting people to want to be on that board.
Susan Murray replied, saying she knew personally that people had been applying for those positions. In general, she said that people stopped applying, because "They are not even considered, they are not a good old boy, and good old politics is in Alachua, That is the way it has been. Now things are changing, and I am so happy to see new faces on that board that are representing citizens. I think it is time for some of these people who have been on P & Z and who have rolled over and rolled over and rolled over to just go ahead and take a hike out the door and let some new people in there."
Susan Murray objected to Mr. Lewis saying that what to do with Planning and Zoning Board member was decided in a Workshop. "I really don't like that chain of thought, at all. When I think of a workshop, I think of people making up their own, independent minds."
David Robbins questioned the fact that we didn't have any public records of the advertisement of these positions or any minutes of meetings where the people in question were rolled over.
Erik Garland said that he has applied for every position he has known about on the P & Z for the last five years. He did not support kicking the people who had been rolled over out.
Bob Bieniek said "We just need to adjust, move forward in a positive manner, not throw spears." He felt that the most important thing was education. "Who ever gets on these committees, I sure wish they knew what the hell they were doing." He called for training.
Patrick Murphy said that attracting members was difficult, and echoed the sentiment Commissioner Robbins made at an earlier workshop, that a stipend, which is allowed in the charter, be paid to planning and zoning board members. He did take exception to people saying that the positions were not advertised. "If the individual that was on the Planning and Zoning board already showed any interest whatsoever of remaining on the board, and the commission felt that they still had something valuable to offer to the board, it behooved us to try and continue the flow of what was going on the board as far as taking care of the business of the city." Commissioner Murphy said he did not know why staff couldn't seem to find the record, but he never throws anything away and he certainly would have his copies.
Commissioner Robbins took this moment to clarify why she wanted this item to be put on the agenda. "During a workshop we were informed that some of the positions were rolled over, and that staff had actually approved the roll over of one member to another term." This, she said, was against the charter. "I feel that it is very important, in order to follow our charter, that we must appoint." She explained that in a workshop, it was felt that the commission should let the three members serve out there terms. However, she felt that the commission needed to appoint these members, because to just let it ride, in her words, "Would be like disregarding the charter again."
Commissioner Hills: "Mr. Mayor, I was under the impression that we were going to allow the people on there to complete their terms. However, Commissioner Robbins said, we can formally appoint them to complete their terms."
Mayor Coerper said his biggest worry is that there are three people coming due in 2002. "The desire is to have some older members on this board and some newer members if they decide to come on." The Mayor felt that somehow, it should be worked so that the board was more staggered. He suggested that it should be the same rhythm as the commissioners.
Commissioner Robbins pointed out that the rhythm was set in the charter, and any change would have to be a charter amendment.
 Commissioner Lewis: "We had a workshop on this already."
Commissioner Lewis said "Mr. Mayor, we had a workshop on this already. I thought it was the intention of that workshop to go ahead and let them serve out there terms that exist now. And as far as rolling over, I don't know anybody that has been rolled over. We advertised and nobody applied for the job. If you call that a rollover I guess you had rollovers but the commissioners always voted on it."
Mayor Coerper said that what he is hearing from Commissioner Robbins that it was important that the decision be made in a commission meeting, and not in a workshop. "We have to formalize it some how."
Commissioner Lewis made a motion that the workshop recommendation be passed.
Commissioner Robbins pointed out that A.C. Short made a comment that to his knowledge he was never approved for a second term by the commission, and he considered himself a rollover. The only contact he had with the city regarding his re-appointment was a call by then City Manager Charlie Morris asking if he wanted the job.
Commissioner Hills seconded the motion. "I thought that was an assumption we made at the workshop?"
Commissioner Lewis said that was true, but "Ms. Robbins wants it."
Mayor Coerper reiterated that the goal here was to formalize the decision.
Susan Murray objected to Commissioner Lewis saying that a decision had been made at a workshop. "Workshops are for informational purposes only." She went on to say that the city should have records of the position being advertised: "If it was advertised correctly, I have no problem with that person fulfilling their obligation. However, I have a problem if it was not advertised correctly, and the person was just rolled over. As Tamara has stated, that is against our charter. I don't think you can put a motion forth, second it, and vote on it, when you don't have all the information to make a decision."
 Mayor Coerper watches as Commissioner Lewis speaks.
"Mr. Mayor, can I answer that?" Commissioner Lewis asked. "Everybody knows, in a workshop it is just a workshop to formulate ideas and so forth, and then we recommend to the commission what comes out of the workshop. That is what we were doing tonight, coming out of a workshop [and recommending a position]. That's really my motion, to retain board members until their term runs out, and to advertise like we always have in the past." He added "And I'm sorry, but we have been advertising."
Susan Murray asked "Where is the proof of that?"
Robert Perez was next up to speak. "For some reason, city staff, and I would like to know why, have not been able to come up with the advertisements for the people on the planning and zoning board now who are in question." Mr. Perez asked why such a "simple task of retrieving files" should be difficult. He said that there should be copies of the minutes the people were appointed in. "It has been over a month, and they still haven't found anything. What's the problem? That's my question. What is the problem with the city staff? That is a question I would like to hear an answer to."
Mayor Coerper "I'm sorry I cannot give you that answer, and that is something I would probably like to know myself."
Mr. Perez offered his solution to solving this problem. "Either the commission as a whole, or any one of the commissioners, can write a letter to the Attorney General of the State of Florida, describing your situation, describing the legal ins and outs of what is going on here, send him a copy of the charter and all evidence, if you can find any, of what's going on, and his staff, and the Attorney General of the State, thereby avoiding any political influence that may be exerted in the Eighth Judicial District, will issue an opinion."
"This is an available remedy, both to the commission as a whole, or to any single commissioner sitting up there right now. I would highly suggest that this is a very simple thing to do, and I would like to see a motion to vote unanimously to pursue that path. Thank you very much."
Commissioner Lewis: "Mr. Mayor, I believe that Mr. Murphy stated that he was on the commission for 6 years, and had at least 4 members come for nomination before him, is that correct?"
Mr. Murphy said that it was.
"Then we got records!" Perez shouted.
 Patrick Murphy: "Get on with it!"
Mr. Murphy walked to the podium "I am going to just make this comment. This issue is done. Now you are dealing with what you are trying to figure out to happen on the new planning and zoning board. Don't waste effort, energy, time, citizen's time, taxpayer's dollars by beating something that isn't going to accomplish anything. You are getting ready to appoint, there is a charter to follow, if something has been left amiss, it was certainly not done illegally. It may not have been exactly to the letter of the word of the charter, but there was no intention other than to keep the position filled, somehow. Pay attention to the task at hand. Get yourself properly advertised, that is what the big concern seems to be. Or properly addressed in the charter, which is fine, too."
"Right now, the task at hand is that you have three vacancies coming up. Deal with it. If you have already had a workshop, if you feel you need another workshop to figure out how to stagger terms, do it. But don't drag all this stuff back out time after time. This is the third meeting y'all had on this, but you haven't done anything about it yet. Get on with it."
Commissioner Robbins stated that she is not interested in necessarily opening this up for new applicants, she is concerned that a decision was made in a workshop. She felt it important to formalize their decision in a commission meeting. She also expressed concern that the records that would have contained information about the advertisement for new applicants could not be located, and that A.C. Short, a current member, as much as said that staff selected him.
Mayor Coerper reminded the commissioners that there was a motion on the floor that would "allow the members to serve out their terms."
Commissioner Lewis broke in: "Allow?"
Mayor Coerper: "To formalize."
Commissioner Lewis: "Formalize. Like they doing us a favor."
It was already seconded, and a roll call voted ended with Mayor Coerper, Commissioners Burgess, Hills and Lewis all voting 'aye' and Commissioner Robbins voting 'no'.
Commissioner Robbins said "I would still like that information." The Mayor agreed, saying "I would, too." |