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01-26-15 - Minutes of the Joint Workshop with Commission MINUTES OF JOINT WORKSHOP OF THE CHARTER REVIEW COMMITTEE AND THE ATLANTIC BEACH CITY COMMISSION HELD ON JANUARY 26, 2015 COMMISSIONPRESENT: CHARTER REVIEW COMMITTEE PRESENT: Mayor Carolyn Woods Chairman Don Wolfson Mayor Pro Tem Mark Beckenbach Mike Borno Commissioner Jimmy Hill Mark Tomaski Commissioner Maria Mark Kathy Carithers Joan Carver ABSENT: Sally Clemens Commissioner Jonathan Daugherty David Vincent Judith Leroux ALSO: Richard Komando, City Attorney Nelson Van Liere, City Manager Donna Bartle, City Clerk Nancy Bailey, Recording Secretary Call to order. The Mayor called the meeting to order at 5:00 p.m. in the Commission Chamber. Mayor Woods explained the Workshop was being held to discuss the Charter Review Committee's proposed Charter Amendments. She turned the meeting over to Charter Review Committee Chairman Don Wolfson. Chairman Wolfson stated the Committee has completed 17 weeks, 40 hours, of meetings and believes they have completed the charge. He stated he is very proud of the work of the Committee and the City Manager, City Clerk and City Attorney. He stated they took the Commission's charge and approached this in a very open, candid manner, leaving no item without consideration. He thanked this Committee for their voluntarism and for the spirit in which they served their fellow citizens. He stated the Commission has been made aware of each change the Committee has made and they are here to answer any questions they may have. 1. Approval of Minutes of the Final Charter Review Committee meeting of January 15,2015. Chairman Wolfson asked if there were any corrections to the above minutes. Kathy Carithers stated on the third paragraph, under unfinished business, she questioned the words "regular municipal election" and if they should specify which election, i.e. primary or general election. Chairman Wolfson asked the City Attorney's opinion. Mr. Komando stated there really isn't a legal answer to that; it is a preference in wording. He stated the distinction he wanted to caution the Committee about was making sure that it did not allow for a special election, which is general protocol. He stated that is something the Commission can also review as they review the amendments. Discussion ensued. Mr. Komando stated, at this point, this Committee's work is closed so this will come before the Commission to make that kind of decision. He stated the minutes were just a record of what occurred and if they disagree with the record reflecting what occurred they can ask for an exception to the minutes. He stated this is just approving the record of the meeting that took place. There were no corrections, so Chairman Wolfson asked for a motion to approve the minutes. Motion: Approve Minutes of the Final Charter Review Committee meeting of January 15,2015. Moved by Borno, Seconded by Tomaski The minutes were unanimously approved. 2. Courtesy of the Floor to Visitors. Mayor Woods opened the Courtesy of the Floor to Visitors. She welcomed the audience and explained the process for public comments. Chris Jorgensen, 92 W. 3rd Street, stated he was impressed with the Charter Review Committee's work and with them individually for their amount of effort put forth and the massive amount of work they went through. He stated, as a citizen attending those meetings, he wanted to thank them and he is quite impressed. He further discussed the voting for district Commissioners, stating he is in agreement with the Committee's recommendation that they be voted on by those in their district. He stated representation is when the person is required not just to live in the district but is controlled by way of votes in the district exclusively. He thanked the Committee for addressing that issue and recommending the correct and proper change. No one else spoke, so Mayor Woods closed the Courtesy of the Floor to Visitors. 3. Discussion of Proposed Amendments. Mr. Komando stated this is the opportunity for the Commission to ask the Committee essentially if there were different amendments they saw on the spreadsheet what their thought processes were, if they would like them to expand on some of the discussion. He stated the way the amendments are outlined, he also indicated the dates reviewed so if the Commission wishes to go back and review any of the minutes or listen to the audio they can do that a little more easily. He stated the Article and Section shows the section of the amendment and everything else is self explanatory with strike-through and underline. He stated there are a number of things that are just changes that have occurred in the City, i.e. the first amendment is the Selva Marina Country Club which doesn't exist anymore so that was substituted with the name of the Atlantic Beach Country Club. He stated if they have questions for the Committee,now is a good time for that. Discussion of the Article II Section 9(8) regarding leasing the parks ensued. Mr. Komando stated the Committee actually pulled any reference to parks and created an entire park subsection, stating they felt strongly enough that parks were such a critical component of the City. He stated the concern was that a park would be repurposed and sold, although there was some discussion of leasing cell tower space, etc. Chairman Wolfson explained lease usually connotes long-term; if it is a use for a purpose, like an event, that isn't excluded. Discussion ensued. Mr. Komando stated they can create an exception for year-to- year leases and they can change the language. Chairman Wolfson and Mr. Tomaski further explained the intention of the Committee related to their wording. Mayor Woods suggested adding language stating short-term leases for park, recreational and cultural arts activities will be exempt. Further discussion ensued. Mr. Komando stated there will be a series of workshops for the public to come in and comment about -2- this; this isn't the last time. Discussion ensued. Chairman Wolfson stated, having experienced and participated in a number of workshops, it is usually customary for there to be dialogue back and forth between the Committee and the Commission, not just the Commission. He stated he is clarifying, as Commissioner Hill said, that the dialogue is that the Commission doesn't need to listen to the Committee, they will have the dialogue among themselves. He stated he would like to know the parameters of the workshop. Mayor Woods stated as they go through this the intention of the Committee is perfectly legitimate. Commissioner Hill stated his statement was that they are not asking permission to change it; it is their job to change it. He stated he wasn't saying they aren't taking input from the Committee; the Committee is the driving force behind it. He stated when they go back with a discussion amongst themselves, they shouldn't ask the Committee unless they have a question because it would be a very cumbersome process. Chairman Wolfson stated, in that vein, the word lease was put in and they don't want it to be stricken because a 3-2 vote could in essence lease any part of our parks by a future Commission. He stated it doesn't mean you shouldn't tweak it, but the intent is to be careful of a 3-2 vote that could change the use of any parkland by putting a lease in that would be changed by the change in the Commission in the future. Discussion ensued. Mr. Tomaski further stated, as a reminder, this is a process that is brought up by many citizens within the City and this is our constitution. He stated it is designed to have limits on the powers of the individuals who are elected. He stated Commissioner Hill is right that they are trying to restrict this; the lease is one of the critical points where they saw a weakness, which is why it is in there. He stated he is even more concerned that if people understand there are weaknesses in which we obtain parkland and we can turn around and lease, sell or give them away, why would someone give us property. He stated it would be really difficult to back off on this particular item, whether a lease, sale or gift. Mayor Woods went through each of the following amendments and they were discussed by the Commission. Mr. Komando further explained the amendments as did Chairman Wolfson. Chairman Wolfson stated their purpose was to try to remove misunderstanding. In the order as listed on the Chart, the Commission agreed on Article II Section 6, Article II Section 8, Article II Section 9 (3), Article II Section 9 (Pass ordinances ...), Article II Section 9(9), Article II Section 10, Article II Section 8, Article II Section 11, Article II Section 20, Article II Section 16, Article III Section 22(2), Article III Section 22(1), Article III Section 22(4), Article III Section 24, Article III Section 22, and Article IV Section 28(4) as written. Note: Article II Section 9 (13) on page 1 (mayor pro tempore)was not addressed. Commissioner Beckenbach stated he wanted to change all references to "he" to "he/she" throughout the Charter. 4. Future Workshop Schedule. The next workshop will be held at 5:00 before the next meeting, February 9. Commissioner Beckenbach asked the City Attorney if, since the Committee has completed their work, can the Commission speak to them pertaining to the work they have done. Mr. Komando stated yes, the Committee's work is completed; they are citizens at this point. Chairman Wolfson stated, for clarification, he wasn't sure that happens, because if they are to report and sit before the Commission as a Committee, if they disband them that goes away. Mr. Komando stated they don't have to sit as a Committee; they can come as citizens and still provide the same background and knowledge that went into the Committee's work. Mayor Woods asked the City Clerk to confirm that the way the Committee was set up, there was -3- language that when we accepted their report that they were disbanded. Commissioner Hill thanked the Committee for their time. Mayor Woods also thanked the Committee and stated they are invited back for every workshop. It was consensus to continue at the next item (page 4 — Article IV Section 29(1)). Mr. Komando stated according to the Commission's charge the sunset occurred with the submission of the Committee's final report. Chairman Wolfson asked if it was the submission or the acceptance of the report, because technically they haven't accepted it yet. He stated if they are having a workshop with the Committee and the Commission and they are no longer a committee, they are having a Commission workshop and not a committee workshop. Mayor Woods asked if they have accepted it at a regular Commission meeting. Mr. Komando stated it doesn't have to be at a regular Commission meeting. Commissioner Hill stated he would like to afford Commissioner Daugherty the opportunity to pull any specific issue out of the list they just covered and bring them back up in front of the Commission. Mayor Woods stated he could listen to the tape and get with the City Attorney. Mayor Woods again asked if they are still a Committee or have they accepted their report and they are disbanded. Mr. Komando stated he believes they have accepted the report but he doesn't believe it changes the conversation they would have with them. He stated from the level of involvement that this Committee has given to the City, he is confident that they will participate at the next workshop as well. Chairman Wolfson stated he can't answer for the former committee members. Adjournment There being no further discussion by the City Commission, Mayor Woods declared the meeting adjourned at 6:21 p.m. Carolyn Wood ATTEST Mayor /441/21& Donna L. Bartle, CMC City Clerk -4-