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3-23-15 Special Called Meeting MINUTES OF SPECIAL CALLED MEETING OF ATLANTIC BEACH CITY COMMISSION HELD ON MARCH 23, 2015 PRESENT: Mayor Carolyn Woods Mayor Pro Tern Mark Beckenbach Commissioner Jimmy Hill Commissioner Maria Mark ALSO: Nelson Van Liere, Interim City Manager Rich Komando, City Attorney Donna L. Bartle, City Clerk Nancy E. Bailey, Recording Secretary ABSENT: Commissioner Jonathan Daugherty Call to order. Mayor Woods called the meeting to order at 5:01 p.m. in the Commission Chamber. She explained Commissioner Daugherty was just leaving downtown and was on his way. City Attorney Komando explained the procedures for the Special Called meeting and the requirements for a quasi-judicial proceeding. He asked that the Commissioners disclose if they have had any ex parte communication. Commissioner Mark disclosed her ex parte discussion with Jim Smith, a citizen, about the procedure itself. Commissioner Hill disclosed his ex parte discussion with Jim Smith, a citizen. Mayor Woods stated she had a phone conversation with Don Wolfson and they discussed the court order requiring a new hearing and she received a few emails today. Commissioner Beckenbach disclosed he had just received the emails. 1. Wolfson Appeal of Variance Denial ZVAR-2011-01 Commissioner Mark asked to defer this hearing until before the next Commission meeting due to the lateness of receiving the documents. She stated she has not had ample time to thoroughly review everything submitted and wants to be sure she is making her decision based on a thorough understanding of what occurred. Motion: Defer this hearing until before the next Commission meeting. Moved by Mark, Seconded by Hill Mayor Woods asked Mr. Wolfson if he was bothered by the Commissioners needing more time to review the packet that has been submitted. Don Wolfson stated this has been going on for four years. He stated the last thing he wants is for any Commissioner to be unprepared to understand full well the details of this variance and the purpose of the court order to remand this to the Commission. He stated it is very important for the entire Commission to understand what the responsibilities are and why it has come back to the Commission. He stated he is agreeable if the date is mutually convenient but he would appreciate some discussion here from the City Attorney to the Commission to understand how we got here and why the Commission has been ordered by the courts to review this again. Discussion ensued. Mr. Wolfson's attorney, Christopher White, stated he was in agreement with Mr. Wolfson. He stated he doesn't want anyone to think they sprung this as some sort of surprise; it was originally scheduled several months ago and Mr. Wolfson had a death in the family, which was why it was pushed off until this month. He stated he would like them to consider scheduling it for a Special Meeting at 5:00. He stated when you get it tied into a regular meeting, it can be a very difficult evening and he doesn't know if they would be able to really put forward what they want to put forward. Mayor Woods stated she would be supportive of deferring with two conditions: that it is on a date separate from a Commission meeting so there are no time constraints and that they understand that the information they have received in their packet tonight is all of the information and there will not be anything else presented. Mr. White stated he and Mr. Komando have agreed on that; it is the entire record in the Clerk's office from what was before the Board and that is the only thing that should be considered. Mr. Komando stated the only additional thing he provided to the Commission this evening was a copy of the First District Court of Appeals order and the procedure. Discussion ensued. Mr. Komando stated the difference with this type of hearing is that the public's opportunity to comment was at the Community Development Board, so they did have an opportunity to speak before a decision was made and at this point, the First District Court of Appeals as well as the Circuit Court have instructed this Commission to act only on what information was provided to the Community Development Board. He stated those are the parameters of what you are permitted to consider before coming to a decision either to uphold the Community Development Board's decision or to reverse that decision. Commissioner Beckenbach asked if the best thing to do would be to not have a conversation with the public pertaining to this. Mr. Komando stated that is a decision they have to make individually; it is just something they will have to disclose as part of any ex parte communication, considering they are essentially the tribunal making the decision. City Clerk Bartle asked if they should amend the motion, since it was originally before the next meeting at 5:00 and now it is on a date separate from a regular meeting. She asked if the fact that no additional information will be submitted should be part of the motion. Mr. Komando stated it would help if they defer to a time certain. Motion: Amend to schedule within the next 60 days. Moved by Mark, Seconded by Hill -2- Mayor Woods asked City Clerk Bartle to clarify what the required notification timeframe is. Ms. Bartle and Mr. Komando stated it doesn't have a time period. Ms. Bartle stated this meeting was properly noticed; she believes the fact that there was no agenda posted (until Friday) was the complaint. She stated they usually like to do a three-day notice, but they could do two. Mr. Komando agreed, stating the notice issue is to put the public on notice of the topic to be discussed, the date, time and place; it doesn't even require an agenda. He stated all of those things were done. Mr. Komando asked if the Commission could give Mr. White some available days. Discussion ensued and it was agreed to have the meeting on April 22 at 5:00. Mr. White stated they could meet on April 22. Motion: Amend to defer the Wolfson hearing until Wednesday,April 22 at 5:00 p.m. Moved by Mark, Seconded by Hill Votes: Aye: 4—Beckenbach, Hill,Mark,Woods Nay: 0 MOTION CARRIED Adjournment There being no further discussion by the City Commission, Mayor Woods declared the meeting adjourned at 5:22 p.m. ATTEST Carolyn Woods 144,76.- Mayor Donna L. Bartle, CMC City Clerk -3-