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HomeMy WebLinkAbout1998 04 15 Planning and Zoning Board Regular Minutes MINUTES PLANNING AND ZONING BOARDILPA APRIL 15, 1998 - REGULAR MEETING I. CALL TO ORDER Pledge Of Allegiance The Planning and Zoning BoardlLPA meeting was called to order Wednesday, April 15, 1998 at 7:00 p.m. by Chairman Bill Fernandez in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). The Pledge of Allegiance followed. Roll Call Bill Fernandez, Chairman, present Tom Brown, Vice Chairman, present Gene Lein, present Carl Stephens, absent Rosanne Karr, absent Also Present Tom Grimms, AICP, Comprehensive Planning/Zoning Coordinator Robert D. Guthrie, City Attorney Kip Lockcuff, P.E., Director, Utility/Public Works Department Approval Of The April 1, 1998 Planning & Zoning BoardlLPA Regular Meeting Minutes Motion by Vice Chairman Tom Brown. Seconded by Gene Lein. It was agreed to accept the minutes of April 1, 1998 by consensus of the Board. ll. REGULAR AGENDA A. Draft BylawslRules of Procedure for the P&Z BoardlLP A Attorney Robert D. Guthrie suggested to the Board that they review the Draft Bylaws in an informal manner, with discussion on any items that the Board would like additional discussion on. The Board began the discussion with Mr. Guthrie's memorandum, and a copy of the Draft Bylaws dated October 15, 1997. On page 4, Article II Members should be Article ill Members, with consistent number thereafter. There was discussion on limiting discussion between Board Members and the Chairperson in other situations, especially with consideration of the Sunshine Law. MINUTES PLANNING &: ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - APRIL IS, 1998 PAGE20F S Draft Bylaws, page 5, 3.1.1: There should be grammatical changes to the text. Draft Bylaws, page 7, 3.2.2.2: Mr. Guthrie advised the Board that "I just want you to realize... that...in effect... the... the members that... that are this committee, are a separate body covered by the Sunshine Law, and this, this...it sounds silly, but it's true, if any two of you go on inspection tours, you'd have to notice when you're going to do that, you probably ought to take someone to take notes, it's...it...it gets...Ijust want to say that, any two of you get together on anything...that...that triggers the Sunshine Law, and that....that would include for inspection purposes". It was decided that this item would be deleted Draft Bylaws, page 9, 4.2.1: Mr. Guthrie felt that if anyone had a conflict of interest, that this should be first relayed to the Clerk or Secretary to the Board, who would then inform the Chairperson. It was decided that this entire section should be stricken. Draft Bylaws, page 9, 4.3: Mr. Guthrie just reminded everyone to just "Avoid these type of discussions". He further added that "If it does occur that you...that you did hear what...you do get involved in it...the issues are brought out before you realize what's being talked...or somebody...I really am a great believer that YOU...you can be...you can try to claritY the record... by early on saying that this happened, and for that reason, you want to say exactly what the nature of the discussion was, and that way, anybody that has a problem with that and wants to refute anything that was said to you, can be...has the due process opportunity to do that at the hearing...if it's said early enough, and that that really may purge the issue". Mr. Guthrie suggested that if something like this happens, that they could also call him and discuss the issue. Chairman Bill Fernandez stated that "We've already been adopting that procedure and I ask in advance if there's been any ex parte communications, or whether anybody has a conflict. We do that in advance". Chairman Fernandez further added "I'm not sure we really need this because...if we're here, we're supposed to vote, and if we have a conflict, we're supposed to file a form, and that tells why we're not voting, because we've got a conflict". Mr. Guthrie then referred to the Addendum as a better reference. It was decided that this item would be deleted Draft Bylaws, page 9, 4.4: This will now be page 9, 4.3. The first two and one half lines, through the word "but" will be stricken. In addition, the word "thereto" on line four of this section will be removed Also, the last sentence of this item shall read: Violation of this rule may be grounds for dismissal from the Board Draft Bylaws, page 10, 5.4: There was discussion about not using the word "should" instead of" shall" (in the first sentence). Draft Bylaws, page 11,6.1 and 6.2: There was discussion about reasonable notice. MINUTES PLANNING" ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - APRIL 15, 1998 PAGE 3 OF 5 Draft Bylaws, page 11, 6.2: It was decided to strike the word "written" (on the third line). Draft Bylaws, page 12, 6.6: The word "reasonable" should replace ''formal'' (on the second line of this section). Draft Bylaws, page 12, 6.7: There was discussion about adding something like "Old Business" or "Unfinished Business" or "Open Business" to upcoming agendas. The Board decided to go with "Unfinished Business" - and this item would be placed after the "Regular Agenda Items" and before ''Future Agenda Items". ''Future Agenda Items" would be followed by "Adjournment", and then the legal disclaimer. Mr. Guthrie told the Board that he would work on an additional memorandum regarding the Draft Bylaws, as soon as he could arrange it. There was discussion as to when elections would take place and when the Bylaws should be completed. Chairman Fernandez mentioned that he would like an updated member list, and he added that the following items should be in the Bylaws: "When we're going to elect, how we're going...does Robert's Rules apply...did...the fact about the written orders...". Mr. Guthrie thought that Resolution 740 addresses Robert's Rules of Order, and that it may have been sanctioned for the City Commission and supporting boards. Chairman Fernandez asked Mr. Guthrie, "If we could maybe get make some notes and add those comments...if he could look it up...even if we just attach it to these things". There was further discussion about introductory documentation being provided to new Board Members, (including Sunshine Law information); Board recommendations being presented to the City Commission by Staff members; and the status of (approved and unapproved) minutes. Chairman Fernandez explained to Mr. Guthrie about the origination of the Bylaws, and asked if there was anything else that he felt should also be included, especially in terms of amending the Bylaws, or waiving the rules. Mr. Guthrie responded that "I want a waiver provision in there". Chairman Fernandez then spoke to Mr. Guthrie and said, "There in your Article 12 and Article 13, addresses Robert's Rules, but before we address Robert's Rules, I want you to check...see whether the City Commission adopted such an Ordinance" . At 8:00 p.m., a five minute recess was called. MINUTES PLANNING & ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - APRIL IS, 1998 PAGE40FS The meeting was called back to order at 8:05 p.m. by Chairman Fernandez. B. Discussion on Element E, Starting on Page 31 of the Evaluation and Appraisal Report (EAR) Chairman Fernandez explained that at the last meeting, with Mr. Brook Seall, Parks and Recreation Director present, "Mr. Brown had moved that...we accept his report...to the extent that's he's going to update and re-do this section E, and tender us a written or...either a draft or a final report by June the 3rd meeting". c. Discussion with Kip LockcutT, UtilitylPublic Works Department of Pages 39 through 60 of the EAR per Wastewater Management Mr. Kip Lockcuff, P.E., Director of the UtilityIPublic Works Department first answered questions from the Board regarding the status of several transfer stations. Chairman Fernandez mentioned that on page 40 of the EAR, he had made a note that the "City of Winter Springs conditions - out of date...because collection was not mandatory within the City, now it is. So, it's got to be re-addressed". Mr. Grimms said that Don LeBlanc is considered the City's Ombudsman for solid waste issues, so he would be the contact regarding such matters. Vice Chairman Brown asked if Mr. LeBlanc would be responsible for writing the "Capacity Analysis"? Mr. Grimms said that he would probably provide input, but that Sharon Newkirk with Seminole County could answer most questions. On page 43 of the EAR, Vice Chairman Brown asked about "The proposed transfer station - does that exist"? Chairman Fernandez said, "Yes, and you've got to get rid of the word proposed'. There was discussion about the present tense and past tense wording of the plan on page 46 of the EAR. Mr. Lockcuffstated that he needs to re-write the information that pertains to the three water plants. Mr. Lockcuff said that he will present a draft to Fred Goodroe of Berryman and Henigar for his review. Mr. Lockcuff also said that the "Entire distribution system is...is not looped - each...West is looped, and East is looped, they won't be connected until Tuscawilla Road is built, and that will be the first connection between the West system and the East system". Mr. Lockcuffsaid that that section needs to be worked with, along with the reference to five (5) wells. He further elaborated on the location and number of the City's actual seven (7) wells. There was discussion as to when this should be re-presented to this Board. MINUTES PLANNING & ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING- APRIL 15,1998 PAGE 5 OF 5 Regarding page 49 of the EAR, Mr. Lockcuff reviewed the status of some of the Capital Improvements, and said that they could probably update this information. On page 50 of the EAR, the second paragraph from the bottom, refers to the maps series - but because there are none, the Board mentioned deleting this reference. There was discussion as to the reference to the City's water plants and sewer plants. At the Board's request, Mr. Lockcuff will check on the up-to-date accuracy of the year 2023 reference. He further spoke about the level of service as designated in the Comprehensive Plan, and there was also discussion about usage. There was discussion about dirt roads and the City's maintenance of 67 ponds which are referenced on page 54. Regarding page 55 of the EAR, there was discussion about "Needs Assessment" and deficiencies. The last part of this discussion with Mr. Lockcuff dealt with aquifers, salt-water intrusion, well-field protection, and traffic circulation issues. m. FUTURE AGENDA ITEMS · Budget Proposals from the Parks and Recreation Department. · Evaluation and Appraisal Report (EAR), for the June 3, 1998 meeting. · Draft Bylaws/Rules of Procedure for the P&Z BoardlLPA for the June 17, 1998 Meeting. IV. ADJOURNMENT Chairman Fernandez adjourned the meeting at 8:42 p.m. Minutes respectfully submitted by: Andrea Lorenzo-Luaces, Deputy City Clerk City of Winter Springs, Florida DOCSlboardslplllll11inglfY9798/minutesl041598.doc