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Minutes 02-11-87MINUTES OF THE SPECIAL CITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA WEDNESDAY, FEBRUARY 11, 1987 AT 6:00 P. M. PRESENT NiCk CaSsandra, Mayor Carl Zimmerman, Vice Mayor Ralph Marchese, Councilman Ezell Hester, Councilman Dee Zibelli, Councilwoman Peter L. Cheney, City Manager Betty S. Boroni, City Clerk Raymond Rea, City Attorney Mayor Cassandra called the meeting to order at 6:00 P. M. AGENDA APPROVAL Vice Mayor Zimmerman requested discussing the recent judge's ruling as Item B-3 and moved to accept the agenda with this correction, seconded by Councilman Hester. Motion carried 5-0. DISCUSSION OF JUDGE'S RULING Vice Mayor Zimmerman stated the circumstance of Judge Stewart's ruling has the effect of tearing a page out of our charter, which was put there by the electorate many years ago. It has been up for referendum three times recently and the electorate voted it down not to change it. He hates to see our charter torn up in this manner. This ruling is taking a page out of it. If we give in on this, what is going to be the next page? He would like to discuss this to see how the other members feel about it. Councilwoman Zibelli stated the only way to resolve this matter was to go to the courts. When it was changed to elect the Mayor separately, the charter should have been changed. We should accept the decision of the judge. We should now go to referendum with clarification and something everyone can understand. Personally she agrees with the judge and feels if anyone goes for an appeal, we will be open to suit with more lawyer's charges. We should let the two candidates run and let the electorate figure out what they want. Councilman Hester stated it was voted on not to serve more than two terms. We had the court case and the judge decided one or two words made a difference. He was not pleased with it personally, but was not surprised. He thinks we might as well let it go as it is and if the electorate doesn't like what happened, they will vote their conscience. He was leaning towards an appeal, but thinks we should let the electorate decide and then change the charter. He understands Vice Mayor Zimmerman's concern; but in this par- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 11, 1987 ticular issue, we need to obey the judge's decision and later on decide whether or not the people want another referendum and let the electorate decide who they want for Mayor. They know the case and let them decide. Councilman Marchese stated that the Council should take into consideration the will and wishes of the people. On three occasions, they have made it loud and clear. He thought Mr. Rea made it very clear. He disagrees with the good judge. He believes the intent of the law is paramount. The people have said no to three terms; therefore, he strongly favors appealing the declaration. Councilman Marchese moved to appeal the judge's declaration. Councilwoman Zibelli replied that it is fine to go for an appeal, but we will be using taxpayers' money and there could be damages after that. Why should the taxpayers pay for this? They are intelligent enough to know what has been going on. Let them vote their conscience. Vice Mayor Zimmerman seconded the motion. Mayor Cassandra voiced a conflict of interest and passed the gavel to Vice Mayor Zimmerman (Form 8B Memorandum of Voting Conflict attached). Mayor Cassandra suggested obtaining legal clarification of possible lawsuits and Vice Mayor Zimmerman asked if it could be done within the time limits. Mr. Rea advised that under the statute, thirty days is allowed for an appeal and explained when an appeal is taken by a governmental agency, they have an automatic stay of the lower court ruling. He explained how there was the possibility of getting a deci- sion within the Supervisor of Elections' deadline. He further explained what possible results could be obtained. Vice Mayor Zimmerman referred to filing an appeal tomorrow and Mr. Rea agreed this could be done with briefs coming later and he explained the procedure. Councilman Marchese stated he thinks every effort should be made to get this resolved. He has received many telephone calls. He believes the people are right and three times they have said no. He is not about to say they are wrong. His motion stands. Councilman Hester stated he is for what is in the charter, the two term limit. The citizens voted for it by referen- dum. It was challenged in the courts and as far as he is concerned, he does not like the decision either. The court said what the citizens voted on wasn't legal. He thinks the - 2 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 11, 1987 judge's decision overrides the charter on this issue. Mr. Rea clarified that the judge interpreted the charter for these particular parties under these particular conditions. Vice Mayor Zimmerman referred to this ruling applying in the future and Mr. Rea replied that the judge said any indivi- dual can serve two terms as Councilman and two terms as Mayor without any prohibition. The judge's ruling specifi- cally related to these two individuals. In the future, the judge's ruling will have some application, unless the charter is changed. Councilman Marchese referred to the judge's opinion being wrong and Vice Mayor Zimmerman added that it was before another judge, but he wiped his hands of it with knowing the candidates. I% was before two judges and they didn't agree. He doesn't think we can say this was a clear cut decision by the Circuit Court. Mr. Rea agreed and added that he has had cases where the exact same point of law was considered by different judges and their vote was different. Vice Mayor Zimmerman referred to the length of a term not being settlHd and Mr. Rea agreed the judge didn't reach that issue and based his decision on the definition between Mayor and Councilman. As requested, Mrs. Boroni then took a roll call vote on the motion as follows: Councilwoman Zibelli - No Vice Mayor Zimmerman - Aye Councilman Hester - No Councilman Marchese - Aye Motion lost 2-2. RECEIPT OF NOMINATING PETITIONS Mayor Cassandra read Mrs. Boroni's memo dated February 10 and list of candidates. Councilman Hester moved to accept the nominating petitions, seconded by Councilwoman Zibelli. Motion carried 5-0. Mr. Cheney added that in the past, there has been the policy in the City of not having both a husband and wife work for the election, but the County has no such prohibition and uses husbands and ~wives in different precincts. He sees no problem with it and Betty Boroni has a situation where she would like to use a husband and wife in two different pre- - 3 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 11, 1987 cincts. If there is no objection on the part of the Council, we will do that as both people are experienced workers. The Council expressed agreement and Mr. Rea added that there is no legal prohibition. Mr. Cheney stated that Mrs. Winchester has requested acting as a representative on the canvassing board on election night with the canvassing taking place in the Delray Beach City Hall. He suggests that Mrs. Winchester or one of her employees be designated as canvasser. Councilwoman Zibelli moved to have Jackie Winchester or one of her authorized designees canvas for us. Councilman Marchese seconded and the motion carried 5-0. PROCLAMATION OF GENERAL ELECTION Mayor Cassandra read the General Election Proclamation. PLANNING & ZONING BOARD APPOINTMENT Mr. Cheney stated he would like to raise the question for the next agenda relative to a vacancy on the Planning & Zoning Board. This vacant term would expire in April 1987 and the Council may want to let it sit until April. The Council agreed the position should remain vacant for the short period of time. APPROVE PAYMENT TO SEPPALA & AHO OF FLORIDA, INC. Mr. Cheney advised we have been approving these payments on a regular basis once a month, but this was not put on the last agenda. The men have been working hard and he would like to keep the funds flowing. This was approved by the architects. Councilman Marchese moved to pay the bill for $55,710 for Seppala & Aho, seconded by Councilman Hester. Motion carried 5-0. ADJOURNMENT Councilwoman Zibelli moved to adjourn, seconded by Councilman Marchese. Motion carried 5-0 and the meeting was properly adjourned at 6:40 P. M. - 4 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 11, 1987 CITY OF BOYNTON BEACH, FLORIDA Mayor ~/ Vi ce Mayor ~ -- Coun~lman V~ - Coun c-i~ ma--~ - ~- Councilwoman ATTEST: Recording Secretary (One Tape) - 5 - -FORM 8B MEMORANDUM OF VOTING CONFLICT FOR -COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME--FIRST NAME--MIDDLE NAME MAILING ADDRESS NAME OF BO)~RD, COUNCIL. COMMISSION. AUTHORITY. OR COMMITTEE THE BOARD. COUNCIL, COMMISSION, AUTHORITY. OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: ;~xCITY ! ! COU~Y ~ OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: MY POSITION IS: '~ ELECTIVE APPOINTIVE -~ ;- WHO' MUST FILE FORM 8B [lhis form is for use by any person. Serving at the county, city, or other local level of government on an appointed or elected board, ~-.ouncil, commission, authority, or c°mmittee. It applies equally to members of advisory and non-advisory bodies who are presented ~ith a voting conflict of interest Under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law-'ghen faced'with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective Or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: ~ A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gaim Each local officer also is prohibited from knowingly voting on a measure which inures to the speciai gain of a principal (o~her than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from y0ting; and WITHIN 15 DAYS AFTER THEVOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: '~ A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holdingan appointive local office otherwise may participate in a matter in which he has a conflict of interest~ but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written inade by the officer or at his direction, communication, whether .~F YOU INTEND TO MAKE ANy ATTEMPT TO INFLUENCE' THE DECISION PRIOR TO THE MEETING AT WHICH L~HE 'VOTE WILL BE TAKEN: s You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes-of the meeting, who will incorporate the form in the minutes. ' · A copy of the form khould be ·provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. FORM ~B I{)-86 PAGE ..... 2IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: ~ : ~Y:o,u should disclose orally the nature of your conflict in the measure before participating. - :.-a~¥o~r should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes ~oS~the meeting, who should incorporate the form in the minutes. DISCLOSURE O~: LOCAL OFFICER'S INTEREST 1, ]k],etz. qg_55bN~-'~ hereby disclose that on ~;~a):A rneasure came or will come before my agency which (check one) :L~::inured· ? ~ to my special privategain; or .. ~ ' ...... ::inured to the special.gain Of. ,' .;::(b) The measure before my agei~cyand the nature of my interest in the measure is as follows: , by' whom l-am retainea;~ -' :~:O~:[EE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED- ~:'DISC~OSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: 'IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN .~1 ':i~)SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.