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Minutes 09-10-80MINUTES OF THE SPECIAL CITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, WEDNESDAY, SEPTEMBER 10, 1980 PRESENT Edward F. Harmening, Mayor Walter "Marry" Trauger, ViCe Mayor Joe deLong, Councilman Marilyn Huckle, Councilmember Norman F. Strnad, Councilman Peter L. Cheney, City Manager James W. Vance, City Attorney Betty Boroni, Deputy City Clerk Mayor Harmening called the Special Meeting to order at 10:20 P. M. and announced it was called on September 2 for the pur- pose of discussing and clarifying any issues regarding the referendum to be placed on the ballot for the general elec- tion regarding changes to the charter in respect to City elections. Proposition Re: Choosing Mayor Mayor Harmening referred to the proposal to change the office of mayor and stated there were three possibilities submitted. Mr. Trauger stated that he has not heard any comments one way or the other as to how the mayor should be elected. Most people seem to accept our present system, but neighboring towns follow the system of electing a mayor independently. Mr. deLong told about there being constant comments about it and this was proposed to accommodate the people who made the requests. He stressed that this Council went on record to have these propositions put on the ballot. Mayor Harmening referred to clarifying the method proposed and Mr. deLong re- plied the three recommendations submitted by the City Attorney could be put before the people or what was on the ballot prev- iously, but it must be put before the people to vote on. Also, the number of elections discourages people and many municipal- ities do not have a primary. Mayor Harmening stated it must be clarified what proposition is going to be put on the ballot and Mr. deLong replied that the City Attorney was instructed to do this in March. Mayor Harmening explained that a more explicit directive was needed for the City Attorney to pro- ceed and Mr. deLong stated the City Attorney did use good judge- ment in submitting recommendations fOr our choice, but he should have used his capability to submit final recommenda- tions. Mayor Harmening asked Mrs. Huckle which proposition she felt the people would be most favorable to regarding the election of the mayor and Mrs. Huckle replied that she also had not heard much about this from the people. She is not against putting a proposition on the ballot to see if the people would like to make a change similar to the previous ballot. She read Proposition No. 3 from the September 7, 1976 ballot. MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1980 Mr. Trauger questioned the three year term for mayor and Mr. deLong replied that it can be changed to two years. Mr. Trauger stated he would go with the proposition as stated in 1976, but would change it to a two year term. Mr. deLong ex- plained that the three year term was noted in 1976 so the mayor would remain in office with the holdovers. Mr. Strnad stated he feels there could be the possibility of someone with no experience at all being the only one running for mayor and .could be elected. With the current way, the mayor serves as vice-mayor for a year to become acquainted with the procedure. Mayor Har~ening stated the proposition could be changed with noting the mayor will be elected for a three year term with serving the first year as vice-mayor. Mr. deLong clarified that his prime concern is to get this on the ballot and let the people ¥ote on it. Mayor Harmening suggested that we decide what the best solution is instead of giving several choices with creating a lot for the people to read. There was reference again to the qualifications of one person running for mayor and discussion ensued how there may be a problem with independent mayor voting on such an occasion. Mr. Cheney clarified that if a mayor is elected at large, we may end up with somebody not experienced and the only way to prevent that is to have the present system where the mayor must be on the Council for a year. After further discussion, Mayor Harmening asked Mr. Vance if he had a solution and Mr. Vanc~ replied that there is nothing perfect. The existing system does guarantee that the mayor will have one year's experience. Mrs. Huckle read the procedure proposed by Ocean Ridge and the comments made by their commissioners. They discussed the requirement of a person having to be a member of the commission before becoming may6r. Mrs. Huckle read the residency requirements of Lake Worth. There was further discussion regarding the terms of office in various cities. Mayor Harmening requested comments on a separate election for mayor and Mr. Sam Wright a~vised that most people are concerned with districting which could be easily accom- plished utilizing the same system. Mrs. Huckle referred to the elimination of primaries and questioned how this could be done when having a number of candidates and Mayor Harmening replied this could result in someone getting elected with 15% of the vote. Mr. deLong stated we don't have provisions that if someone gets -2- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1980 a majority in the primary, they are automatically elected~ Mr. Vance agreed this could be corrected. Mayor Harmening added that he would be in favor of this, Mr. Trauger moved to put it on the ballot for the election of Councilman on the primary who receives 50% plus one vote is elected. Mr. Vance stated this is in essence the system of the State of Florida. Mayor Harmening added that they will take office with the rest of them. Mr. Strnad seconded the motion. Under discussion, Mr. Vance advised under the new referendum act, he believes we will have to actually adopt an ordinance containing the language and the ordinance will read that it will become effective if approved by a majority of the voters in a subsequent-referendum. He has guidelines now to prepare this referendum for the ballot. The actual verbiage will be stated in the ordinance which must be approved on first and second reading. This motion directs him to draft this ordinance. Mrs. Huckle clarified that this won't go into effect for this fall and Mr. Vance replied negatively, that it won't be effective until next year. Mrs. Huckle ques- tioned what effect changing the date of the election to March would have on this and Mr. Vance replied that could be a separate referendum question. Basically this would take effect at the next subsequent election following its adoption. Mr. deLong added that the month of March was suggested for election by the 'Supervisor of Elections because most of the cities have their elections at that time. As requested, Mrs. Boroni read the motion and Mayor Harmening clarified they will take office when the others take office. Mr. Vance added that the ordinance will also provide in the event that no candidate receives a majority of the vote, then there should be a runoff between the two candidates receiving the highest number of votes. Motion carried 5-0. Mayor Harmening questioned what the decision was regarding the election of the mayor? Mr, Trauger made a motion using the same wording as in Proposition No. 3 on the September 7, 1976, ballot reading: Should an Ordinance be adopted amending Section 53 of the Charter of the City of Boynton Beach, Florida, establish- ing an independent election for the office of Mayor to serve for a two (2) year term, limiting the number of successive terms which a person may serve as Mayor to two (2) such terms, and providing that the Councilman receiving the highest number of votes in each general election shall be designated as Vice Mayor, to serve in such capacity for one (1) year, all begin- ning with the municipal election of 1982. -3- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1980 Mrs. Huckle questioned how this would affect the other candi- date receiving the majority of votes in the *primary election and Mr. Vance explained that technically the number of votes should be computed to determine the winner from the election and runoff election. Mr. Cheney added that the vice-mayor situa- tion will be different if it is decided there should be dis- tricting. *Correction See minutes9/16 Mr. deLong seconded the motion. Under discussion, Mrs. Huckle asked if the two successive terms meant four years or six years and Mr. Trauger replied that it is four years. Mr. Sam Wright suggested including the requirement of having to serve on the Council ~for one year and there were comments that this would get back into the prOblem of having to find someone that served on the City Council. Mr. Strnad insisted that the person becom- ing mayor should have some experience. Mayor Harmening agreed, but suggested that the people be given the opportunity to voice their opinion. Motion denied 3-2 with Mrs. Huckle, Mr. Strnad and Mayor Harmening dissenting. Mr. deLong suggested putting the three choices as suggested by the City Manager and City Attorney on the ballot. Mr. Strnad suggested having the mayor serve three years with the first year being to serve as vice-mayor. Mr. Vance advised there would be a legal problem with setting it up for running for a combination office. Mr. Cheney clarified that there are three choices: running at large, continuing with how it is done now or to elect a mayor from the body. However, these three cannot be put on the ballot, but the Council must decide which one they prefer. Mr. deLong stated that these three can be put on the ballot and the people given a choice. Mr. Vance advised to do that, three ordinances would have to be adopted. Mrs. Huckle questioned why the person couldn't be vice-mayor for a year and then mayor for two years and Mr. Vance stated this is a sitUation of running for two different offices at one time. Mrs. Huckle stated that technically everybody is running for mayor and vice-mayor. Mr. Vance stated the other is a combined office which he has not heard of. She clarified that the mayor would be elected at large and Mr. deLong agreed and explained that the voting wouldn't be restricted to the districts. Mr. Vance stated that in all instances, a candidate runs for a specific position and not a combined office. Mr. deLong clarified that at present, the charter calls for the person with the highest votes to serve as vice- mayor and then serve as mayor. Mr. Cheney added that this would mean running for mayor one year delayed every year. -4- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1980 Mr. deLong moved to direct the City Attorney in conjunction with the City Manager to prepare the proposition for the ballot to run independently for mayor in the manner and fashion in which they think is in the best form. Mr. Cheney asked if it was to be set for a two or three year term and comments were made in reference to both terms which led into further discussion about how the mayor should be chosen. It was then decided to forget this proposition at this time. Proposition Re: Date of Election Mr. Trauger moved that the date of election be established on the first Tuesday in March for the primary, seconded by Mr. Strnad. Mr. Vance added that the runoff would be on the third Tuesday in March. Under discussion, Mr. Strnad asked if this would start in 1983 and Mr. Trauger replied affirmatively. Mr. deLong referred to it starting in 1982 and Mr. Trauger agreed. Mayor Harmening clarified that it would be effective for 1982. Motion carried 5-0. Proposition Re: Districting Mr. deLong moved to set up districts. He added that it would be the responsibility of the City Manager and City Attorney to lay out the districts. Mr. Trauger questioned when the last time this question was put to the people and Mayor Harmening replied it was during the 1960's. Mr. Trauger moved that the City elect members to the Council from districts, who live in the district for a residency of two years in the district. Mr. Vance advised that a residency requirement poses some question. Mr. Trauger .clarified that his purpose was to prevent someone from moving into a district in order to run for an election. Mr. Vance stated that he has some question about the constitutionality of any residency period of time restriction. Mr. Cheney suggested that six months could be required for practical reasons. Mr. Vance still questioned this and suggested that the best could be a resident of the district and registered voter of the City. This would mean the candidate would swear an oath that he is a resident of a particular district. Mr. Trauger clarified that his motion was that the City .elect members to the Council from districts, the candidate must be a resident of the district and will be elected by the vote at large. Mr. deLong suggested that Mr. Cheney and the staff in conjunction with the City Attorney lay out the districts. Mr. Strnad suggested that Jackie Winchester's office would be more capable to do this. Mr. Trauger clarified that another ordi- nance would have to be prepared to define the districting. -5- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1980 Mayor Harmening referred to districts having equal population and asked if until the census is complete, do we have an exact count of the population? Mr. Vance replied that the only thing we have now is the 1970 census and going to the voter registration rolls doesn't help because so many people do not register. Mr. Trauger stated the census statistics are sup- posed to be available at the end of this year and Mr. Vance stated he heard they would be available in the spring. Mayor Harmening stated to go according to the 1970 census in our case would be meaningless. Mr. Trauger referred to prelimi- nary census figures being released and suggested accepting the estimated population figures for Boynton Beach. Mayor Harmening asked if the staff should determine the dis- tricts or should it be done by the City Council? He added that districting is normally a legislative function and Mr. deLong explained that staff usually sets it up with approval by the legislative body. Mr. Trauger requested comments from Mr. Sam Wright regarding districting and Mr. Wright replied that it must be done equally. He added that districts are changed frequently in other cities depending 'on the population and Mayor Harmening agreed this was necessary. Mr. Cheney stated the first question is does the Council want to set the general quandrants. It is a County matter as to where those lines go to be sure each quandrant balances. Mr. Vance advised that the City would require five districts. He asked if we have any estimated census figures at this point and Mr. Trauger replied affirmatively. Mayor Harmening clarified that if the Council goes along with this, another session will have to be held to draw up the districts. Mr. deLong stated the staff is capable of doing this. Mr. Cheney informed him that it is not a question of capability, but who is to be responsible for it. Mr. deLong clarified that the Council will be responsible with the approval process. Mr. Trauger added to his motion that the City Manager and staff be instructed to draw the districts based upon the recently released census statistics for Boynton Beach, five districts. Mr. Vance added this would be subject to final approval by the City Council. Mr. Strnad seconded the motion. Under discussion, Mrs. Huckle asked why the mayor was against districting and Mayor Harmening replied that he doesn't feel it is the best way to do things. With people representing one district, it brings back the old spoils system and he ex- plained. Also, it will require readjusting the boundaries from time to time in a rapidly growing area. Mrs. Huckle -6- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1980 questioned how the people could be asked to do this without doing it yet and Mr. Vance explained that an ordinance will be prepared that will actually do it and it will contain descriptions of the proposed ~stricts one through five and the ordinance will say to become effective upon approval of a majority of the voters of the City. The districts cannot · be stated on the ballot, but a referendum question will be put on the ballot indicating that copies of the ordinance are available. Mr. deLong suggested that a map could be published in the paper. Motion carried 3-2 with Mrs. Huckle and Mayor Harmening dissenting. ADJOURNMENT Mayor Harmening ascertained there was no further business to come before the Council. Mr. Trauger moved to adjourn, seconded by Mrs. Huckle. Motion carried 5-0 and the meeting was properly adjourned at 11:40 P. M. ATTEST: CITY OF BOYNTON BEACH, FLORIDA / BY~ ~~~r :ouncilmember / ~ - ..... Co~nci man ~ ~~City Clerk Recording ~ecretary (2 Tapes Transcribed) -7-