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HomeMy WebLinkAbout2002 09 23 Regular I Appointments to Advisory Board/Committee Members COMMISSION AGENDA ITEM I Consent Informational Public Hearing Regular X ,*3 September 9: 2002 , Regular Meeting fL-.~ Mgr. I ept. Authorizatio REQUEST: The City Clerk requests that Members of the City Commission make two (2) Appointments to replace previous Advisory Board/Committee Members who have been removed from several of the City's Advisory Boards/Committees as a result of exceeding the permitted number of absences, in accordance with the Code of Ordinances. PURPOSE: Two (2) Appointments are needed to replace Advisory Board/Committee Members who have recently been removed from several of the City's Advisory Boards/Committees as a result of exceeding the permitted number of absences. CONSIDERATIONS: A Memorandum dated July 5, 2002 was submitted to the City Commission with information pertaining to five (5) Advisory Board/Committee Members to be removed for excessive absences. One Advisory Committee member was reappointed. A letter dated July 9, 2002 was sent to the four (4) remammg individuals informing them of their removal from the respective Boards/Committees. CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - SEPTEMBER 9. 2002 REGULAR AGENDA ITEM "(" PAGE20F2 The following two (2) Appointments need to be made: Appointments: Commissioner Robert S. Miller is requested to make an Appointment to the Board of Adjustment to replace Ms. Elizabeth Randall who is no longer serving on the Board of Adjustment. Commissioner David W. McLeod is requested to make an Appointment to the Board of Adjustment to replace Mr. Greg Smith who is no longer serving on the Board of Adjustment. If either Appointment is not made at this Meeting, this matter will be placed on subsequent Agendas, until the vacancies have been filled, or as othelWise suggested by the City Commission. FUNDING: None. RECOMMENDATIONS: 1) Commissioner Robert S. Miller is requested to make an Appointment to the Board of Adjustment to replace Ms. Elizabeth Randal1. 2) Commissioner David W. McLeod is requested to make an Appointment to the Board of Adjustment to replace Mr. Greg Smith. ATTACHMENTS: A. Board of Adjustment Information. B. An excerpt from the July 8, 2002 Regular Meeting Minutes with discussion related to the Memorandum dated July 5, 2002 which was submitted to the City Commission regarding information pertaining to several Advisory Board and Committee Members who were ineligible to continue serving on their respective Boards/Committees. COMMISSION ACTION: . . ( ATTACHMENT "A" I. ~ 20-57 WINTER SPRINGS CODE Sec. 20-57. Duties; general. The planning and zoning board shall serve as the planning and zoning commission. It shall be the duty of the planning and zoning board to recommend to the city commission the boundaries of the various original zoning districts and appro- priate regulations to be enforced therein and any proposed amendments thereto and shall collect data and keep itself informed as to the best practices generally in effect in the matter of city planning and zoning to the end that it may be qualified to act on measures affecting the present and future movement of traffic, the segregation of residential and business districts and the conve- nience and safety of "persons and property in any way dependent on city planning and zoning. The board shall recommend the boundaries of dis- tricts and appropriate regulations. In addition thereto, the planning and zoning board shall serve as the local land planning agency pursuant to the county comprehensive planning act and the local government comprehensive planning act of the state and the board shall commence such duties on the adoption of the comprehensive plan by the city commission. (Ord. No. 44, S 44.10, 1-8-68; Ord. No. 156, g 2, 9-12-77) Sec. 20-58. Assistants. Expenditures for all professional and clerical assistants employed in connection with the per- formance of the functions of the planning and zoning board shall be within the amounts appro- priated for such purposes. (Ord. No. 44, S 44.12, 1-8-68) Sec. 20-59. Recommendations. The recommendations of the planning and zon- ing board to the city commission shall be in writing and in duplicate, and shall show the estimated cost and the suggested method or meth- ods of financing. As soon as convenient, after the recommendations are received by the city commis- sion, the city commission shall call for a public hearing regarding the regulation, restriction or boundaries at which parties in interest and citi- zens shall have an opportunity to be heard. Notice of the time, place and purpose of the public hearing shall be published once, no less than fifteen (15) days prior to the tin1(~ of the hearing in a newspaper of general circulation in the city and notice shall also be posted in three (3) conspicuous places throughout the city. After public hearing, the city commission shall consider and act upon the recommendations of the planning and zoning board and upon completion of action by the com- mission, the city clerk shall return to the plan- ning and zoning board a copy of the recommenda- tions with the commission's action noted thereon. (Ord. No. 44, g 44.13, 1-8-68) Sees. 20-60-20-75. Reserved. DIVISION 3. BOARD OF ADJUSTMENT* Sec. 20-76. Creation. There is hereby created a board of adjustment for the city. (Ord. No. 44, g 44.17, 1-8-68) Sec. 20-77. Composition, appointment of members. The board of adjustment shall consist offive (5) members having designated seats one (1) through five (5) with such numbers corresponding with a commission seat. Each member shall be a citizen and registered voter of the city and each appoint- ment by the respective commission member occu- pying the corresponding numbered seat shall be subject to commission ratification. (Ord. No. 44, S 44.18, 1-8-68; Ord. No. 105, ~ 1, 7-1-74; Ord. No. 214, g9 1,2, 5-13-80) Sec. 20-78. Term; filling vacancies; removal of members. The term of office of the members of the board of adjustment shall run from the second Friday in "Editor's note-Ord. No. 577, S I, adopted Feb. 3, 1995, amended Div. III, SS 20.76-20.84. of Art. [( to provide tha t the decisions of the board of adjustment shall be recommen- dations to the city commission and that the city commission shall be the final authority for granting or denying requests for variances. special exceptions or other requests pursuant to section 20-82. As Ord. No. 577 did !lot specify amendatory language. the editor has amended the language of the provi. sions of Di\,.:j to conform to the rel]llirelllents ofOrd. No. 577. Cross l'l~fel'el1cc-l3oards. committees. commissio!ls. ~ 2"'11 et scq. (. 1318 July and each member appointed shall serve for a term of two (2) years, or until his successor is appointed and qualified. Except however, the first board appointed shall serve terms as follows: Seats two (2) and four (4), shall serve the full two-year term ending July 10, 1982. Seats one (1), three (3), and five (5) shall serve a one-year term ending July 10, 1981. Vacancies on the board may be filled by the commission member whose seat number corresponds with the vacant board of adjustment seat, subject to commission ratifica- tion. If any commissioner fails to appoint a mem- ber within two (2) regularly scheduled commis- sion meetings after a vacancy occurs or a term expires, that seat will be filled by the mayor, subject to the ratification by city commission, Members shall be subject to removal from office by the commission for failure to perform their duties or for other misconduct in office or auto- matically for failure to attend three (3) meetings within any twelve-month period of time. For pur- poses of removal, an absence from a specially called meeting of the board shall count the same as an absence from a regularly schedule meeting. . (Ord. No. 44, S 44.19, 1-8-68; Ord. No. 105, S 1, 7-1-74; Ord. No. 214, SS 1, 2, 5-13-80; Ord.No. 260,9 1, 1-26-82) Sec. 20-79. Appointment of chairman, vice- chainnan. There shall be a chairman and vice-chairman 'of the board of adjustment selected from and by the members. They shall serve a term of one (1) year or until their appointment to the board is terminated, whichever is shorter, unless sooner removed by the board. (Ord. No. 44, 9 44.19.1, 1-8-68; Ord. No. 214, S 2, 5-13-80) Sec. 20-80. Compensation; allowances for ex- penses incurred in performance of duties. Members of the board of adjustment of the city shall be reimbursed from the city treasury to cover the expenditures naturally and necessarily incurred by them and that such reimbursement for expenses shall be established by resolution. (Ord. No. 44, ~ 44.19.2, ] -8-68; Ord. No. 219, * 2, 7-8-80) ZONING 9 20-82 Sec. 20-81. Meetings; quorums; records to be kept. The board of adjustment shall meet bimonthly at a time set by its members. A special meeting may be called at any time by the chairman or any three (3) of its members if the need should arise. Three (3) members shall constitute a quorum. No action by the board of adjustment, except a vote to adjourn or to continue a matter to a subsequent date, shall be valid or binding unless adopted by affirmative vote of three (3) or more members of the board. Complete records of all proceedings shall be kept. (Ord. No. 44~ S 44.20, 1-8-68; Ord. No: 173, S 1, 9-8-78; Ord. No. 260, S 2, 1-26-82) Sec. 20-82. Duties and powers; general. The board of adj ustment shall make recommen- dations to the city commission to grant any vari-. ance or special exception as delineated in this chapter. (1) The board of adjustment shall have the additional following specific powers and duties: a. To hear and make recommendations on appeals only where it is alleged there is error in any order, require- ment, decision or determination made by an administrative official in the enforcement of any zoning ordinance or regulations adopted. b. To hear and mak~ recom~eridations to the city commission on special exceptions as authorized under the terms of the city's zoning ordinances; to make recommendations to the city commission on such questions as are involved in determining when spe- cial exceptions should be granted; and to make recommendations to the city commission on special excep- tions with appropriate conditions and safeguards, or to recommend denial of special exceptions when not in harmony with the purpose and in- tent of the zoning regulations. In granting any special exception with appropriate conditions and safe- 1319 ATTACHMENT "B" CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 8,2002 PAGE 3 OF 32 Ms. Carol Fottler, 208 Heatherwood Court, Winter Springs, Florida: documents were distributed and Ms. Fottler spoke of recent remarks made by Moti Khemlani and explained some of the differences between "Concerned Citizens of Winter Springs" and "People For Good Government." Mr. Mike Schrimsher, 600 Colonial Drive, Suite 100, Orlando, Florida: pointed out that the boundary between the Town Center and Commercial "Is incorrect on our property - that it bisects our property on the south side of [State Road] 434 and results in it being incorrect on the north side as well because of where it intersects." Mr. Schrimsher noted for the record that regarding the proposed Ordinance 2002-07, that "Mini-storage" was not included in this Ordinance, and commented on retail. Ms. Sharon Tackaberry, 634 Cheoy Lee Circle, Winter Springs, Florida: stated that due to vacation, she had been unable to provide Commissioner McLeod with "The material that he needed to see if he could get a better quote for a survey." Ms. Tackaberry then advised the Commission that she had spoken with Ms. Sandy Bierly and that "She would see what she could do also to help us." Ms. Tackaberry then requested additional time. Further, Ms. Tackaberry stated that flooding from the "Detention" pond has spilled mud into the last 2 Y2 lots. Mayor Partyka said to Manager McLemore, "You will check into the mud issue?" Manager McLemore stated, "I will. I suspect most of it is coming off the land that has been cleared but we will certainly check it." Mr. Mervin Warner, 673 Keuka Court, Winter Springs, Florida: remarked about Liens, and that the Code Enforcement Board recently made a decision regarding Liens, and stated that "We did not have enough information to make a good decision as to what a reduction would be." Mr. Werner also asked about the "TLBD" project and inquired "When is it going to be finished?" Additionally, Mr. Werner commented on poor quality sod that was laid and asked if this was proper. Mr. Moti Khemlani, 605 Morgan Street, Winter Springs, Florida: spoke on the removal of Board/Committee Members; the recent removal of a Board Member from one of the City's Advisory Committees; and remarked about the number of meetings that the Tuscawilla Lighting and Beautification District Advisory Committee had held. Discussion ensued on the removal of Advisory Board and Committee Members and a recent Memorandum regarding five (5) individuals who due to absences which exceeded the permitted limit, are no longer legally eligible to serve on the respective Boards/Committees. Regarding this matter, Commissioner Martinez stated, "At the last meeting we went down the line from Seat One all the way down to Seat Five and we made appointments. I appointed or reappointed Ms. Louise Allen - it doesn't appear in the Minutes. I recall it specifically because it was the only person I had listed on there that had to be appointed. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 8, 2002 PAGE 4 OF 32 It does not appear in the Minutes. Second of all, there is a conflict between the Ordinance, the Resolution, and the old Ordinance." Commissioner Martinez further stated that regarding the conflicts that "We need to straighten that out before we start exercising this right to - dismiss people from the Boards because they have missed three (3) or five (5) meetings in a year." Deputy Mayor Cindy Gennell then stated, "There is a conflict. I think we need to ask the City Manager, City Attorney to bring it back to us and to get these different requirements to agree with one another. This is craziness to have Boards saying different things." Tape I/Side 8 Discussion ensued on a recent Advisory Committee Member who had been removed from further service. Attorney Garganese stated, "I will be happy to look at those other five (5) with the City Clerk." Manager McLemore added, "It is true that you have got two (2) different Ordinances that appear to be in conflict with each other, and the only way to solve - that issue is you read them together and you take the one that is most stringent. In order to put all of that together, we would have to go back and amend all those Ordinances - that provide for situations or are different from all the others; and some are just unique and have unique situations, therefore it may not be easy to give one rule that fits all." Mayor Partyka stated, "Let's give a chance for Anthony to look at this and see what the rules say, what his suggestions are - and some issues I think came up, so let's see what he comes back with and bring this up maybe at the next Agenda." Attorney Garganese stated, "There are two (2) issues - one will be the five (5) individuals that are in the sheet that the City Clerk passed out. The other issue is overall, the structure that you - currently have in place for Board Member attendance requirements. Two (2) different issues. The new Ordinance that you have in place is in addition to and supplemental to any other requirements that you may have for specific Boards and you read everything together and the more stringent will apply." Furthermore, Attorney Garganese said, "So if you want me to go back and not only look at those five (5) - and if you want me to look at the whole Board structure again, I would be happy to do that, I just need some direction." Commissioner Martinez suggested, "I do no not think that we should be looking at anything in the past. I think we should draft something for the future and start applying it from that time on - from the time it is approved; and I am requesting the City Manager bring us something back, an Agenda Item for the next Meeting." Deputy Mayor Gennell stated, "If you will take it in the direction of a Board that meets as "TLBD" [Tuscawilla Lighting and Beautification District Advisory Committee] was there for a long time, weekly - and a couple of the other Boards - the short Boards met weekly in order to knock out some of the work we had wanted them to do. Those are CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 8, 2002 PAGE 5 OF 32 going to need one criteria, whereas the ones that meet monthly or quarterly are going to need other standards, and I think if we put it all in one document that addresses all of them, I don't think it is that impossible to do - and if we have to undo some things that are currently existing - okay, that is what it takes to straighten it out." With further discussion about Ordinance 2001-49, Attorney Garganese pointed out that "When you look at the attendance requirement, it says unless otherwise provided by City Charter or elsewhere in the City Code. There are minimum attendance requirements that are set forth, and those minimum attendance requirements are supplemental and in addition to any other attendance requirements that may apply specifically to a Board." Attorney Garganese then stated, "Given some of the confusion of the last couple of weeks regarding the application of this Ordinance, why don't I go back, and there are a handful, six (6) or seven (7) Ordinance provisions regarding specific Boards and let's take them out of the Code and repeal them expressly and we will have the attendance and absence requirements just set forth only in this Ordinance - and it will give you an opportunity to look at those requirements." Commissioner Blake inquired, "Would you craft a new Ordinance, not this Ordinance, but a new Ordinance that would repeal those provisions but also could potentially have some discussion of attendance requirements at Boards that may not be based on strict meeting measurements but perhaps a percentage of absences or something like that, because it is not the same if you serve on - for instance the Board of Adjustment which might meet once a quarter, maybe twice a quarter if things are busy, versus say for instance, the Tuscawilla Board [Tuscawilla Lighting and Beautification District Advisory Committee] that Mr. Khemlani mentioned that I know has met probably thirty (30) times in the last year, if not more. The same strict measurement or type of measurement is probably not proper for both - so if we do bring back any Ordinance, I think we should give some consideration to that issue." Mayor Partyka asked, "Are we all in agreement to just bring back the Agenda Item with some kind of comments from everybody? Now, in lieu of that, the current Ordinances are in effect, is that correct?" Attorney Garganese stated, "That is correct." Mayor Partyka added, "So we just have to live with what it is now." Attorney Garganese then advised the Commission, "Nothing prohibits this Commission from reappointing somebody that is automatically removed under these conditions - they obviously have to fill out the appropriate application, and meet the residency requirements, and the background check requirements." Deputy Mayor Gennell stated, "Anthony had asked for direction so I am bringing these things forward on this issue. There was an understanding among some of the Commissioners and maybe some of the public at one time, that that was so many absences - if they were unexcused and all, and then there came the conversation of well, there is nothing in there that spells out excused, what is excused, what is not excused." Deputy Mayor Gennell inquired, "Are we going to have a provision for excused, and if CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 8,2002 PAGE 6 OF 32 we are, what is it going to be, or if we are not going to have it?" Furthermore, Deputy Mayor Gennell stated, "I don't think it is spelled out, and 1 think if we are going to have it - it needs to be." City Clerk Andrea Lorenzo-Luaces inquired, "Regarding the Memorandum, do you wish those five (5) individuals - for it to be held in abeyance until something comes back?" Mayor Partyka stated, "You can't, it is an Ordinance. You can't, whatever it is, it is. But this is what precipitated this discussion, so hopefully by next Agenda we will have everything worked out. And, the point was made by Mr. Garganese that if any Commissioner wishes to reappoint those people, they can do it today." III. CONSENT - PART I (CONTINUED FROM THE JUNE 24, 2002 REGULAR MEETING) CONSENT B. Community Development Department Presents A Request By Tuskawilla Office Park, LLC, To Allow A 15 Foot Wide Temporary Construction Easement Over The 15 Foot Wide Upland Buffer Adjacent To The Wetlands Abutting The North Side Of Tuskawilla Office Park Mayor Partyka stated, "Under the Consent Agenda there was only one comment - that is Consent 'B,' that is going to be moved to Regular with 'F. '" IV. REGULAR - PART I (CONTINUED FROM THE JUNE 24, 2002 REGULAR MEETING) REGULAR C. Office Of The Mayor Requesting The Commission To Discuss Concerns He Has With Amendments To Ordinance 2002-13 Which Was Approved By The Commission On May 13, 2002 Regarding Dumpsters Located Within The City Of Winter Springs. With discussion, Manager McLemore stated, "Instead of me having to deal with these people and not know what to tell them, 1 would rather review these sights and come to you and say you know, here are the issues we are going to face on these various sights - now from a policy perspective, how do 1 deal with them?" Furthermore, Manager McLemore said, "I would rather take the time and look at all these and pull out of that the ones that are going to be problematic and have some way that we all understand that we are going to deal with those issues." Deputy Mayor Gennell stated, "So we have fifteen 15 months for these people to come into compliance, and how many existing dumpsters do we have?" Manager McLemore responded, "250, somewhere in that range." Deputy Mayor Gennell then said, "And the ...J.~~? , ~ /,"-.-s'-<:L' 0:,_u.~ _., \}) I ;;"/,'-"."_..,, .~~ \, \,.....11 I-l ) '--- \ ,- .' , \ U -".:- d; j IJ) \ I,...f'ry,'l("-Ab:.-d \, ;/ \ \. 19SQ 'L.v " -~~>----_._-,_. .:.' "~,:,,/ CITY OF WINTER SPRINGS, FLORIDA OFFICE OF THE MAYOR 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708.2799 Telephone: (407) 327-1800 Fax: (407) 327-4753 . E-mail: contactus@winterspringsfl.org September 25, 2002 Mr. Gary G. Diller 609 Nighthawk Circle Winter Springs, Florida 32708 Dear Mr. Diller, Congratulations! I am very pleased to again offer you my Congratulations on your recent Appointment, this time to the Board of Adjustment. Your name was submitted by Conunissioner Robert S. Miller at the September 23, 2002 Regular Meeting, and was unanimously approved by the City Commission. Your willingness to serve our City in a second capacity is very much appreciated by the City Commission and myself. You will be contacted by the Office of the City Clerk regarding your duties and responsibilities as they pertain to this Conunittee. Congratulations and please contact me if I can be of any further assistance. PPP/alll COPY: City Commission Ronald W. McLemore, City Manager Anthony A. Garganese, City Attorney