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Minutes 11-16-90 MINUTES OF THE SPECIAL CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, FRIDAY, NOVEMBER 16, 1990 AT 5:00 P.M. PRESENT Gene Moore, Mayor Lee Wische, Vice Mayor Lillian Artis, Commissioner Denys "Sam" DeLong, Commissioner Arline Weiner, Commissioner J. Scott Miller, City Manager Peggy White Boulle, Deputy City Clerk Jim Cherof, City Attorney Mayor Moore called the meeting to order at 5:00 P.M, Quantum Corporate Park Community Development District Mayor Moore reported that Quantum Corporate Park had withdrawn its Petition for the Creation of a Community Development District. It had been requested that the Special City Commission meeting scheduled for November 19, 1990 be cancelled. City Manager Miller indicated a notice would be posted at the front of City Hall advising the public. Clarification of the Boyn~on Beach City Charter Regarding the term of vacated office filled by City Commission appointment The Mayor explained that regretably, the language in the City's Charter is not sufficiently clear as it applies to the length of recently appointed Commissioner Denys "Sam" DeLong's term. Legal clarification is needed. Mayor Moore believed the intent of the language was that the person, if ~ppointed by the Commission, would complete the term to which the predecessor had been elected. The Mayor believed ilt was the responsibility of the Commission to determine what the legislative intent was when the amendment was elnacted. To avoid this type of situation in the future, the Mayor stated the City Attorney should be instructed to draft llegislation clearing the matter up. The Mayor felt the City should proceed with an election for a one year term, to clomplete the office. C~mmissioner DeLong read a prepared statement which is alttached to and made a part of these Minutes. Commissioner DieLong asked the Commission to allow the citizens to d~monstrate their support at the March, 1991 election. S~veral Commissioners agreed the unclear language in the Charter should be clarified. Vice Mayor Wische felt when a CDmmissioner leaves office, they are out until that term has ekpired~ If it is their second consecutive they must also walt one year. He hoped this could be clarified as Well. 1 MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1990 City Attorney Cherof didn't wish to give an "off-the-cuff" response. He would research both points raised for the Commission. Vice Mayor Wische moved that in view of the unclear language in the Charter, the Commission make the legislative deter- mination at this time, that the term of Commissioner DeLong's office expires in March, 1991. Commissioner DeLong may chose to run for election at that time. Commissioner Weiner seconded the motion which carried 5-0. Discussion took place among the Commissioners. City Attorney Cherof explained the State Statute provides that the resignation shall be for the unexpired term of the person being replaced, "in accordance with the terms of the Statute of the Charter." The City's Charter has some archaic language in it. He explained why the term "General Election" has no significance today with respect to munici- pal elections in Palm Beach County and how they are controlled by a Special Act of the State Legislature. The term "General Election" did apply back in 1947 when that Charter provision was drafted. Mr. Cherof explained about the creation of City districts which had also taken place since the time Section 51 was drafted. Further legal expla- nation took place. Mr. Cherof noted there was no legal pre- Cedent in Florida dealing with a complicated situation like this. Mr. Cherof thought the archaic Charter language should be deleted dealing with the concept of "General Elections." They also needed to incorporate language from the Special Act of 1983. This type of situation can only be corrected by a referendum of the voters and cannot be done under "Home Rule." City Manager Miller pointed out if this is going to be b~ought forth as a referendum question in March, 1991, an Ordinance will have to come before the Commission in December. The Supervisor of Elections will need the referendum question at least 45 days prior to the election. The voters will decide what they want the term to be. Commissioner Weiner referred to previous discussion about appointing a committee to look over the entire Charter. She thought perhaps that idea should be pursued. City Manager Miller reported they were already working in that direction. It was reiterated that Commissioner DeLong's term will run until March, 1991. There was discussion about the fact that the term beginning in March, 1991 would have to be for a one year term. The City Attorney will come back with an 2 MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1990 Ordinance establishing a referendum question. This will be submitted to the voters. The first election will fall on March 12, 1991. ADJOURNMENT There being no further business, adjourned at 5:20 P.M. ATTEST: cft~clerk ~ecording Secretary (One Tape) the meeting properly CITY YNTON BEA~ Mayor Vi ce '~ayor Commissioner ~c~m~~ner /~"'~ Co~missloner ~ 3 ON NOVEMBER 7TH WHEN I WAS APPOINTED TO REPRESENT THE RESIDENTS OF BONTON BEACH I VOWED TO BE AN INDEPENDENT VOICE WHO WOULD TRY AND BRING HARMONY TO OUR CITY. SINCE MY APPOINTMENT I HAVE BEEN TOUCHED BY THE STRONG SUPPORT AND PERSONAL CALLS IHAVE RECEIVED FROM ALL SEGMENTS OF THE CITY. THIS ENCOURAGEMENT HAS MADE ME EVEN MORE COMMITTED TO REPRESENTING THE LITTLE GUY WHO FEELS WE NEED TO SPEND MORE TIME RUNNING THE CITY AND LESS TIME FIGHTING EACH OTHER. ON NOVEMBER 7TH, THE CITY COMMISSION FILLED A VACANCY ON THE COMMISSION ACCORDING TO THE METHOD OUTLINE IN THE CITY'S CHARTER. BY AGREEING TO MAKE AN APPOINTMENT, THE COMMISSION AVOIDED A COSTLY AND UNNEEDED SPECIAL ELECTION DURING DECEMBER. THE QUESTION HAS NOW ARISEN CONCERNING WHETHER I SHOULD HAVE TO RUN IN NEXT MARCH'S CITY ELECTIONS. I HOPE TO PUT THAT QUESTION TO REST TO REST TONIGHT. I WANT TO ASK THE MEMBERS OF THE CITY COMMISSION TO ALLOW ME TO DEMONSTRATE THE STRONG CITIZEN SUPPORT I HAVE BY GIVING THE VOTERS THE RIGHT TO VOTE FOR ME IN NEXT MARCH'S CITY ELECTION. I HAVE A GREAT TRUST IN THE VOTERS OF BOYNTON BEACH... IT WAS THE VOTERS OF BOYNTON BEACH THAT DEMONSTHATED THERE DESIRE TO ELECT INDIVIDUALS WHO BHOUGHT NEW LEADERSHIP TO THE CITY MANAGERS OFFICE. IT WAS THE VOTERS WHO PUT AN END TO THE BUREAUCRATIC ARROGANCE WHICH SOCKED THE CITY WITH MULTI- MILLION DO?.?,~RLAWSUIT. I HAVE SPENT THE LAST TEN YEARS OF MY LIFE AS ON OF THE LITTLE PEOPLE... WHO FOUGHT MAKE OUR NEIGHBORHOODS SAFER, TO KEEP OUR TAXES LOW, AND MAKE CITY GOVERNMENT LISTEN TO US. I LOOK FORWARD TO A CAMPAIGN BECAUSE IT GIVES ME A CHANCE TO TALK ABOUT THE PROBLEMS I WANT TO SOLVE, AND THE IDEAS I'D L~KE TO IMPLEMENT. THROUGH MY INVOLVEMENT lin THE LAST TWO CITY ELECTIONS I HAVE DEMONSTRATED THAT I AM IN TOUCH WITH THE VOTERS OF BOYNTON BEACH .... JUST AS WE WON THOSE RACES I PLAN ON WINNING RE-ELECTION NEXT MARCH. LET'S PUT POLITICS ASIDE AND GET DOWN TO WHAT THE VOTERS ELECTED US TO DO... AND THAT'S MANAGING CITY GOVERNMENT.