MEMBERS:

K. Blount, H. Budd, P. Denton, M. Glaeser, P. Hanrahan, C. Martin, B. Thomas, J. Wootten and S. Wright.

DJ Williams

George Nickerson

Summary:

After confirming a quorum, the meeting was called to order at approximately 5:43 p.m. by Chair Wootten. A motion was made by Member Martin/Thomas to approve the agenda. The agenda was approved unanimously. A motion was made by member Estes/Thomas to approve the April 18 minutes. The minutes were unanimously approved after an addition was made to page 3/last sentence in the last paragraph to read "He stated that he thought it was unfair due to its clear favor to the decisions by the government that benefit specific businesses".

Chair Wootten recognized citizen Jim Konish. He said that he would reserve his comments until the issue of County environmental ordinances prevailing over municipal ordinances was addressed.

George Nickerson was recognized to present the proposed Charter amendment language. He explained the two versions of the language (Broward County and Orange County version) which would provide for County environmental ordinances prevailing over municipal ordinances. Dave Wagner advised that Chris Bird preferred the Broward version and stated that Mr. Bird likes the last sentence in each version. Member Thomas disseminated her proposed amendment language which states:

"Municipal ordinances shall prevail over county ordinances EXCEPT when county ordinances establish minimum standards for the purpose of protecting the environment by prohibiting or regulating air or water pollution, and only to the extent that such minimum standards are stricter than the applicable municipal standards. In the event a county ordinance and municipal ordinance do not conflict in the protection of the environment as stated above, both the municipal ordinance and the County ordinance shall be effective, each being supplemental, one to the other."

Member Thomas explained that the reason she preferred her version was because the language was written to be consistent with the manner in which the charter language is written. George Nickerson was asked whether there was a problem with Member Thomas language and he responded that there was not a problem. Member Estes indicated he preferred Member Thomas language. Dave Wagner was asked for his opinion and he explained the differences between the three versions. Mr Nickerson indicated that a judge should construe all versions the same. Mr. Nickerson suggested merging the Broward version with Member Thomas' proposal.

Jim Konish was recognized to explain his version which included setting limits. He stated that any proposed language should not make exceptions. He stated that the language in the other proposals was ambiguous.

After extensive discussion of this proposed Charter amendment, a hybrid amendment was proposed by Mr. Nickerson:

"Municipal ordinances shall prevail over county ordinances to the greatest extent possible. However, County ordinances shall prevail over municipal ordinances whenever the County shall set minimum standards for the purpose of protecting the environment by prohibiting or regulating air or water pollution. In the event a County ordinance and a municipal ordinance shall cover the same subject matter without conflict, both the municipal ordinance and the County ordinance shall be effective, each being deemed supplemental, one to the other."

Member Glaeser expressed concerns regarding issues which may arise with the proposed language and suggested that County environmental ordinances should always prevail over municipal ordinances. There was a motion made by Member Estes and seconded to approve the hybrid language proposed by Mr. Nickerson and it was unanimously passed.

Jim Konish requested that the CRC give a lot of attention to the ballot language. He was advised that the ballot language would be considered at a later date.

The independent auditor language was considered. Member Martin indicated that he thought the CRC had agreed to have permissive language to read "The County Commission may appoint a Commission auditor who shall serve..." After discussion, there was agreement that the language should be permissive. After amending the first sentence to read "The Board of County Commissioners may appoint a Commission Auditor who shall serve at the pleasure of the Board", a motion was made to approve the language. The motion was unanimously approved 7-0.

The proposed joint planning language was considered. After some discussion, the last sentence was amended to read as follows:

"Notwithstanding the foregoing, the county and any municipality may enter into an interlocal agreement to provide for joint planning in portions of the unincorporated area adjacent to suchmunicipality or portions of the areas within such municipality."

There was a motion made by Member Martin/Wright to approve the proposed amendment language with the changes. The motion was passed unanimously.

The proposed Charter amendment language related to frequency of empaneling the CRC, dissolving the CRC and residency requirements for County Commissioners was discussed. Because empaneling and dissolving the CRC is within the same proposed Charter amendment language, there was a question about the "single subject" rule. Mr Nickerson indicated that this did not apply. There was a motion made by Member Martin/Wright to approve the proposed amendment language for these issues. The motion passed unanimously (7-0). DJ Williams provided an update on the CRC public hearings. She advised the CRC that the May 18 public hearings would be taped for rebroadcast on Friday and that the June 1 and 15 meetings may be aired "live".

After some discussion about the timeline, it was agreed that there would be no meeting on May 9 and that final voting on the proposed amendments would occur at the June 27 meeting. There was discussion about the final report and Ms. Williams advised that a draft report would be prepared by staff for review and comment by CRC.

Member Phil Denton's resignation letter was discussed. Member Martin/Wright made a motion to accept the resignation. The motion passed 5 to 2. Ms. Williams advised that staff would be requesting that the County Commission fill the vacancy based upon her discussion with Dave Wagner. She advised that there were three applicants remaining in the "pool" from which the County Commission would make its selection. DJ Williams was requested to contact former Member Mark Stowe to determine if he was interested in being appointed to the CRC. DJ was also requested to submit his name as an applicant if he was.

There was discussion regarding the need to have a second vice-chair. Based upon this discussion, a motion made by Members Budd/Hanrahan to appoint Clay Martin as Second Vice Chair. The motion was unanimously passed 7 to 0.

The meeting was adjourned at approximately 7:19 p.m.