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HomeMy WebLinkAbout2002 02 06 Planning and Zoning Board Regular Minutes CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING FEBRUARY 6, 2002 I. CALL TO ORDER The Planning And Zoning Board/Local Planning Agency Regular Meeting was called to order Wednesday, February 6, 2002, 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: Chairman Bill Fernandez, present Vice Chairman Tom Brown, present Board Member Rosanne Karr, present Board Member Joanne Krebs, present Board Member Carl Stephens, Jr., present With consensus of the Board, Chairman Fernandez suggested that the Regular Agenda Items would be heard in reverse order. II. CONSENT CONSENT A. Approval Of The November 7, 2002 Regular Meeting Minutes. MOTION BY BOARD MEMBER KREBS. "MOTION TO ACCEPT." SECONDED BY BOARD MEMBER KARR. DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED. MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED AS DOCUMENTED. .:. .:. III. REGULAR REGULAR B. Land And Water Conservation Fund Program Grant. CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - FEBRUARY 6. 2002 PAGE20F6 Mr. Chuck Pula, Parks and Recreation Department Director updated the Board on the status of the Torcaso Park FRDAP (Florida Recreational Development Assistance Program) Grant Application. City Attorney Anthony A. Garganese arrived at 7:09 p.m. Mr. Pula introduced the Agenda Item. Discussion. CHAIRMAN FERNANDEZ ASKED MR. PULA, "YOU'RE LOOKING FOR A MOTION FOR THIS BODY TO RECOMMEND TO THE CITY COMMISSION LAND AND WATER CONSERVATION PROGRAM GRANT?" MR PULA REPLIED, "YES." CHAIRMAN FERNANDEZ THEN SAID, "LOOKING FOR A MOTION." MOTION BY BOARD MEMBER KREBS. "SO MOVED." SECONDED BY BOARD MEMBER STEPHENS. DISCUSSION. VOTE: BOARD MEMBER STEPHENS: AYE BOARD MEMBER KREBS: AYE VICE CHAIRMAN BROWN: AYE CHAIRMAN FERNANDEZ: AYE BOARD MEMBER KARR: AYE MOTION CARRIED. REGULAR A. Discussion With City Attorney Anthony A. Garganese On Dual Office Holding And The Sunshine Law. Attorney Garganese spoke of and elaborated on his Memorandum dated November 12, 2001 regarding dual office holding; and the City's recent approval of an Ordinance dealing with dual office holding. The Board questioned Attorney Garganese on "What's new in the law?" Attorney Garganese addressed the Sunshine Law regarding communications between Board Members and Members of the City Commission. Board Member's access to a Sunshine Law Manual was next discussed. Chairman Fernandez then said to the Deputy City Clerk to make a note in the minutes that the City Attorney is recommending that Board Members get a copy the referenced guidebook. CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - FEBRUARY 6, 2002 PAGE30F6 Additionally, Attorney Garganese spoke of the State Attorney's opinion regarding legislative and Quasi-Judicial proceedings; email; one-way communications; Ex-Parte communication; conflicts of interest; and suggested that Board Members contact him prior to a Meeting, if they may have a question about a possible conflict of interest. Attorney Garganese then spoke of a State Attorney's opinion "In respect to informal discussions and Workshops"; and addressed questions from the Board about "Specific delegated authority" and Board Members speaking at City Commission Meetings. Tape I/Side B Attorney Garganese suggested, a "Notice on the bottom of all the Agendas which says something like 'At any given City Commission Meeting Members of other City Boards may appear before the City Commission, make statements and provide information.'" Attorney Garganese said that he would speak with the City Clerk regarding this. Brief discussion. Attorney Garganese also discussed with the Board the distinction between quasi-judicial and legislative decisions; what constitutes a public meeting; public notification requirements of meetings; and was asked if there were any requirements of providing verbatim transcript of meetings. Attorney Garganese replied, "Absolutely not - general summary." Chairman Fernandez asked about conflicts of interest forms and inquired, "Who do we contact?" Attorney Garganese suggested that Board Members contact the Office of the City Clerk for the appropriate form. The next topics of discussion included Sunshine Law violations; streamlining the Board's By-Laws; "Quasi-Judicial due process; qualifications and situations involving testimony." Discussion. Chairman Fernandez asked if Attorney Garganese could provide written documentation on legal matters and could extra copies be sent to the Clerk so that she could provide them to the Board. Attorney Garganese said that when he sent things out like that he usually sends them to the Mayor, City Commission and the original is forwarded to the City Clerk for the archives. Chairman Fernandez said, "I'm sure we don't need to get all of them - but if you think it would may be a benefit to P&Z or the LP A, maybe if you could make a note or something for the Clerk to distribute copies." Brief discussion followed regarding communicating with the public. CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - FEBRUARY 6, 2002 PAGE40F6 IV. FUTURE AGENDA ITEMS Chairman Fernandez said, "The next Item on the Agenda is Future Agenda, we don't have any Staff here other than Mr. Garganese, City Attorney, so I don't know of anything else." . EAR Based Amendments. . By-Laws. Attorney Garganese spoke of a recently adopted Ordinance that addressed Board attendance, in addition to other topics. Discussion. . Future Land Use Map. Discussion followed that the Planning and Zoning Board should approve the updated Zoning Map by May 31 sl of each year as stated in Chapter 20-102. ( c) of the City of Winter Springs Code of Ordinances. Chairman Fernandez stated, "We haven't done that for a couple years. What's the status of our Zoning Map?" Attorney Garganese explained that the Planning and Zoning Board has no authority to change the map and present it to the City Commission unless Zoning Hearings have been held and then changes that were made during the year should be integrated into the official Zoning Map and Staff should do this on a regular basis. After a zoning matter is approved by the Planning and Zoning Board/Local Planning Agency then the Commission, Staff should then change the Zoning Map to reflect the new zoning category. Attorney Garganese added that this should be done on a regular basis. Chairman Fernandez then said, "So maybe this should be deleted." Attorney Garganese responded, that every year you should start with a "Clean" Zoning Map. Chairman Fernandez stated, "20-102. (c) the last part dealing with this Board, P&Z Board, approving an updated zoning map by May 31 of each year should be addressed by the City Commission. Do I hear a Motion to that effect?" MOTION BY BOARD MEMBER BROWN. "YES, I'LL MAKE THAT MOTION." BOARD MEMBER STEPHENS ASKED FOR THE MOTION TO BE REPEATED. CHAIRMAN FERNANDEZ SAID, 'THAT THE PROVISIONS OF 20-102 (c) THAT REQUIRES THIS PLANNING AND ZONING BOARD TO APPROVE AN UPDATED PLANNING AND ZONING MAP BY MAY 31 OF EACH YEAR AND RECOMMENDED TO THE CITY COMMISSION SHOULD BE READDRESSED BY THE CITY COMMISSION AND THEY SHOULD FOLLOW THE ADVICE OF THE ATTORNEY AS TO WHETHER THEY KEEP CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - FEBRUARY 6, 2002 PAGE50F6 IT OR AMEND IT OR DELETE IT." SECONDED BY BOARD MEMBER KARR. DISCUSSION. VOTE: BOARD MEMBER KREBS: AYE VICE CHAIRMAN BROWN: AYE CHAIRMAN FERNANDEZ: AYE BOARD MEMBER KARR: AYE BOARD MEMBER STEPHENS: AYE MOTION CARRIED. Board Member Tom Brown spoke of the previous Comprehensive Plan Hearing and said, "The Comp Plan should be coming back to us in March and of course there is nobody from the City here tonight to even update us or tell us about it but it's suppose to come back for our public reading in March or April and I think we should prepare for it, also the Capital Improvements. Because the Comp Plan is that heavy and the Capital Improvements is that heavy and we have not received the updated versions that were sent to Tallahassee. We have no information on it whatsoever but one of these days, either March or April, if you and I are still around, the Comp Plan is going to come in front of this Board and you are going to have one night to get ready for it, and you're going to have seven inches of material. And I think someone from the City should be here." Vice Chairman Brown then said, "I don't want to get an Agenda Item between now and March saying the Public Meeting is going to be held for the Comp Plan when we didn't have a Meeting for three (3) months. I don't want to be a part of it after all the work I have put into the original Comp Plan back in September and October." Discussion followed regarding the City not having received the Department of Community Affair's report; and Attorney Garganese explained the process for approval once the "Objections, Recommendations and Comments" (ORC) report is received. V. REPORTS Ms. Debbie Gillespie, Deputy City Clerk updated the Board Members regarding Items requested by this Board at their November 7,2001 Regular Meeting. VI. ADJOURNMENT MOTION BY BOARD MEMBER KARR. "I MOVE THAT WE ADJOURN." SECONDED BY BOARD MEMBER KREBS. DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED. MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - FEBRUARY 6, 2002 PAGE60F6 Chairman Fernandez adjourned the Meeting at 8:30 p.m. RESPECTFULLY SUBMITTED: ~~~J;k~ DEBBIE GILLESPIE DEPUTY CITY CLERK -~ ZONING BOARD/LOCAL PLANNING AGENCY Cily Clerk\BOARDS\PLANN ING\aIll\M INUTES\2002\020602 REGULAR.doc NOTE: These minutes were approved at the March 6, 2002 Planning And Zoning Board/Local Planning Agency Meeling.