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HomeMy WebLinkAbout1991 11 25 City Commission Regular Minutes . . . 91-92-4 REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS NOVEMBER 25, 1991 The Regular Meeting of the City Commission of the City of Winter Springs, Florida, was called to order by Mayor Philip A. Kulbes at 7:30 p. m. Roll Call: Mayor Philip A. Kulbes, present Deputy Mayor Paul P. Partyka, absent City Manager Richard Rozansky, present City Attorney Frank Kruppenbacher, absent Attorney Bricklemeyer, present Commissioners: Cindy Kaehler, present Don Jonas, absent John Langellotti, present Terri Donnelly, present The invocation was given by Commissioner John Langellotti. The pledge of allegiance to the flag was led by City Manager Richard Rozansky. There were no additions or corrections to the minutes of November 11, 1991. The minutes stand approved as submitted. Joe Genova, Addidas Road, said he enjoyed the parade; said he believes in term limits and said he would like to see a congregate meal site at the Senior Center. Jack Bergman, Wilson Road, spoke about the participation at the Senior Center and the congregate meal site. General Agenda: Comprehensive Development Plan-ORC Response Update: Attorney Bricklemeyer said at the last meeting there was discussion of the preparation of the responses to the DCA objections to the City's Comprehensive Plan, and the City Manager recommended that we bring in some assistants to help with the preparation of those responses. Attorney Bricklemeyer said because of the timeframe in which we have to respond and because of the possible sanctions that the City may be subject to if we do not meet that timeframe, and show some good faith in attempting to get there, he recommended the City declare an emergency situation and authorize the City Manager to enter into a contract with the recommended consultant, Henigar & Ray. The primary objective is to have Henigar & Ray review the materials that the City has submitted to the State, review the State's objections and recommendations, and begin the prepara- tion of the responses to those objections to the State. In addition to prepare strategy to insure that once we make the response to the ORC report, and amend the Plan, that the plan will ultimately be found to be in compliance with the State's rules and regulations. Motion was made by Commissioner Kaehler to declare an emergency and authorize City Manager Richard Rozansky to enter into a contract with Henigar & Ray for those purposes and for those reasons, up to a maximum of $8,900. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Langellotti, aye; motion carried. Mr. Fred Goodrow, Henigar & Ray, passed out a report entitled Report on Major and Minor ORC Report Responses, dated Nov. 25, 1991. Mr. Goodrow explained the process as it is right now, the City is supposed to adopt the Comprehensive Plan by December 16, 1991, and send it back to DCA for their review. If DCA finds the Plan is in non- . Regular Meeting, City Commission, Nov. 25, 1991 Page 2 91-92-4 compliance, they will make that finding and then they will shift that finding to a hearing officer who will then schedule a hearing and go through that process of deciding what the sanctions are going to be. In addition to the sanctions, DCA or the State can stop payment on certain funds from the State. Mr. Goodrow said what we are proposing to you is that we do not believe that by December 16, 1991 the City can have the Plan and the responses in the appropriate manner that is necessary for DCA to make a finding that the City is in compliance. He said his firm thinks we are looking at a non-compliance decision by DCA if the City were to ship the plan by Dec. 16th. He recommended the City try their best to make a best effort working with DCA along through the process to get something to them that is more reasonable and probably can be found in compliance. Mr. Goodrow said at this point the problem with the plan is that it was not set up properly and a lot of analysis was not done. . Mr. Goodrow said our proposal is that we work with you to come up with some kind of a timeframe and method to get this done sometime after Dec. 16th. He said they have talked to DCA and they realize the situation. They like the idea that the City is going to make some effort to really bring this into compliance with their views. The indications are they are sympathetic and they will allow more time to get this in order. Usually you can count on 90 days from the time it is due before they are going to start initiating some kind of sanction. Mr. Goodrow said that over the course of the next two weeks we need to work out arrangements for how we are going to get this done, and get it done right and get everything back to DCA the way it should and how we are going to handle the whole future of the process meaning the next two or three months and even after that if for some reason we still think there may be a finding of non- compliance, and again, that is possible. He said what we would hope to do is narrow down the stipulated agreement that the City is going to have to work out with DCA if they find the plan in non-compliance. Mr. Goodrow summarized their findings. He said they find a considerable lacking in terms of the analysis. There are some mapping problems that need to be corrected. He said there were some minor things that DCA found was a problem such as public participation plan presentation of the goals and objectives and policies. He said they need to be presented better so there is a better understanding of what we are trying to do; the vesting provisions also need to be worked on. Two of the biggest problems was the section on concurrency and capital improvements element of the plan. Mr. Bill Jacobs, S. Edgemon Ave. and John Horan, Wood Duck Drive, both spoke in discussion. Mayor Kulbes said he would like to have permission from the Commission to have the City Manager and City Attorney draft a letter to DCA telling them we are in the process of revising and reworking the Comprehensive Plan and as soon as it is complete we will send it to them. He said at least we will be on notice that we are working on it and may not meet the Dec. 16th deadline. . First Reading of Ord. No. 514, providing for new Chap. 7, Fire Prevention and Protection, etc. : Motion was made by Commissioner Kaehler to read Ord. No. 514 by title only on first reading. Seconded by Commissioner Donnelly. Discussion. Vote on the motion: Commissioner . Regular Meeting, City Commisison, Nov. 25, 1991 Page 3 91-92-4 Kaehler, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; motion carried. Mayor Kulbes read Ord. No. 514 by title only on first reading. City Manager Richard Rozansky: Solid Waste Survey/Survey Results: Manager Rozansky said the Commission has received copies of the survey results compiled by Mr. LeBlanc. Manager Rozansky said at the next meeting we can have IWS present to discuss the options and the results of the survey and the price. Commissioner Kaehler asked for more information from IWS. Mayor Kulbes called a Workshop Meeting immediately following the Swearing-In Ceremony to discuss the solid waste survey results. Monthly reports have been distributed. Attorney Bricklemeyer passed out the draft of the letter to be sent to the Attorney General regarding the street lighting matter. Manager Rozansky questioned the wording in the second paragraph. He said they are private communities and the general public is not invited to go through there. Commissioner Kaehler said that these are private streets however, there are no gates up except for the one instance. They are not remaining open for public use, there just are no gates up and they do say private. . Commission Seat III - John Langellotti: Commissioner Langellotti asked if we have been looking at ordinances for our parks, and he spoke about the congregate meals. Commissioner Langellotti said the taxpayers of the City paid for the Senior Center, and if we open it up for congregate meals we are opening it up for everybody in counties surrounding Winter Springs. He said we should let our own seniors enjoy that building. Mayor Kulbes said he feels the City should allow the program, possibly in the Civic Center, and if it does not prove fruitful, then we could discontinue it. Commissioner Kaehler said they are trying to look at all the facts, and have not been presented with any information on this matter. Commission Seat IV - Terri Donnelly: Commissioner Donnelly asked about the maintenance of the retention ponds by the City. Commission Seat I - Cindy Keahler: No report. Mayor's Office: Mayor Kulbes wished everyone a happy Thanksgiving. Meeting adjourned 8:50 p. m. Respectfully submitted, . APned: /-, I . / i .1//[' ~ ! .' . "l ~.--- PHA . P A. KULBES ~~~ Mary T. Norton, City Clerk ,MAYOR