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Minutes 04-23-01 MINUTES OF SPECIAL CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON MONDAY~ APRIL 23, 2001 AT 6:30 P.M. PRESENT Gerald Broening, Mayor Ronald Weiland, Vice Mayor Bruce Black, Commissioner Mike Ferguson, Commissioner Charlie Fisher, Commissioner Kurt Bressner, City Manager ]ames Cherof, City Attorney Janet Prainito, City Clerk Call to Order Mayor Broening called the meeting to order at 6:33 p.m. Mayor Broening stated the purpose of tonight's meeting was for the Commission to determine in accordance with the City Charter what process the City would take to fill the vacancy in District !! when Commissioner Black steps down on April 30th. Mayor Broening read the applicable provision in the Charter dealing with "Filling Vacancy on City Commission" (Section 51). The Commission tonight will determine how to proceed to receive applications from duly qualified people who wish to be considered. Mayor Broening asked if there were any questions from the audience before the Commission proceeded any further? Mr. Eddie Mitchell, 329 NE 12th Avenue, Boynton Beach noted that a vacancy in District !!! occurred recently and it seemed to him that the Commission did not go through the same steps as it is doing now. Mr. Mitchell said he could not understand why the Commission was now seeking procedures, which they did not do when filling the vacancy in District I!!. Attorney Cherof responded that when the vacancy in District III occurred as a result of Commissioner Sherman's resignation, the City followed the exact procedures set forth in Section 51 of the City's Charter. The only difference in this situation is the timing because Mr. Black's letter of resignation fixed a future date, which in effect means that currently there is no vacancy and therefore the Commission cannot act to fill it. When the effective date of the resignation occurs., then there is a vacancy. Therefore, Commissioner Black is still a member of the Commission until the date of his resignation. Special Meeting Minutes City Commission Boynton Beach, FL April 23, 2001 Mr. Mitchell inquired why the Commission did not just wait until the vacancy occurred to fill it. Further, Mr. Mitchell felt that holding a meeting tonight was premature. Mayor Broening stated that some of the Commissioners wanted to have as much time as possible to consider the prospective applicants. Mr. Mitchell asked if the selection would be made prior to May :[5th and Mayor Broening responded that is their intention. Mayor Broening pointed out that they are required by the Charter to do so by the second meeting in May. Mr. Bressner responded that City Staff put together a draft Notice of Vacancy and followed the same format that was followed to fill Commissioner Sherman's district and the only thing changed was the district number. The exact same application form was also utilized. The Commission tonight needs to decide the deadline to receive the applications. Mr. Bressner stated that a legal notice is required to be published in the newspaper. Mr. Bressner pointed out that they started the process for recruitment for applicants prior to Commissioner Sherman's leaving. Further, there is no significant difference in the way the Commission is going about filling this vacancy compared to Commissioner Sherman's vacancy. Mr. Bressner said he was looking for a "date certain" when the applications will be due to allow the Commissioners enough time to review them and evaluate the qualifications of the individuals. Vice Mayor Weiland requested to read a portion of Section 141 of the City's Charter and stated that even though the vacancy won't occur until May 1St, the Commission wanted to let the public know what the process would be. Mayor Broening reiterated that the Commission tonight is strictly following the Charter of the City, which states that the Commission shall discuss the process to be followed. He further pointed out that they have not received formal applications Attorney Cherof reported that the City Commission has t~vo meetings to make a decision. Tf the Commission is deadlocked, then a special election must be held. Commissioner Fisher said that even tho.~gh the people who took the time to attend tonight's meeting cannot participate any further, everyone is encouraged to attend the next meeting so that the entire Commission will know what the people want. 2 Special Meeting Minutes City Commission Boynton Beach, FL April 23, 2001 Mr. Herb Suss asked if people from other districts could have any input on what goes on in District [T. Mayor Broening responded that during a public hearing anyone could speak. Also, lVlr. Bressner pointed out that if anyone has any input from other districts, they should speak directly with their Commissioner. Commissioner Black said that since he made his resignation effective April 30th, a duly noted vacancy cannot be published until May :Lst. For clarification, Commissioner Black asked if the Commission would be officially declaring a vacancy on May Ist and then the first regular meeting would actually be the second meeting in May? Commissioner Fisher inquired that after the Commission announces the opening could it also designate the first meeting in May to consider the applicants? Attorney Cherof replied that this procedure is possible and that the Commission would be pre-authorizing the administration to post the Notice of Vacancy sometime late on the 30th. Attorney Cherof pointed out that the resignation letter did not indicate a time when it would become effective. Tf the Commission does not approach it in this manner, then the Notice of Vacancy would be made on the :Lst and the Commission would then have to consider it at the first regular meeting, following the declaration of vacancy, which would be May 15th. Ms..~oy Currier was under the impression that how the candidates actually fared at the polls was a determining factor, i.e., candidates A,B,C D, etc. :If A, who was the winner, then decides to leave office, wouldn't B or C be considered? Attorney Cherof replied there is no such presumption under the Code. He stated there is only one winner in a municipal election and there is no provision in the Charter that provides that the second highest vote-getter would step into the place of the resigning winner. Mayor Broening closed the public hearing. Motion Commissioner Ferguson moved to set a deadline of 5:00 p.m. on Tuesday, May 8, 2001 to receive all the applications. Motion failed for lack of a second. Commissioner Fisher asked if the Commission could set the date for applications to be in by April 30th? Commissioner Fisher asked if staff could have the Special Meeting Minutes City Commission Boynton Beach, FL April 23, 2001 information ready for the meeting on May 1st? IVlr. Bressner replied if there was enough time to publish the date, this is possible. Mr. Bressner pointed out if this procedure were followed, at the May 1~t Commission Meeting the Commission would declare the vacancy and would review the applications at that time. Mr. Bressner said if 5:00 p.m. on April 30th was the deadline, staff could get the information hand delivered to the Commissioners in time for the May Ist meeting. Commissioners discussed the timeline if the first consideration was put off until May 15th and then a special election would be necessary, this would delay the issue even longer. Commissioner Fisher asked how long it would take if a special election were necessary? Attorney Cherof replied that it would take 60 days for the opening and qualifying and then qualifying closes 30 days later. Commissioner Black did not feel that a great many people will be seeking to fill the vacancy. He would like to have the application deadline on Monday, April 30th at 5:00 p.m. so that staff could verify their residency and at the May Ist Commission Meeting, declare a vacancy and the first meeting would be the first open meeting. Commissioner Black said he would not want the City to go to the expense and delay in holding a special election to fill the vacancy. Commissioner Black felt that anyone that would be applying could have their application in by April 30th, Commissioner Black pointed out that the special election would only take place in District !! and noted how difficult it is to get people to vote at regular elections, and felt the turnout for a special election would be very Iow. Commissioner Black said he would be willing to amend his letter of resignation to take effect tomorrow, April 24, 2001 at 5:00 p.m. Mayor Broening stated if the Commission accepts Commissioner Black's amended resignation, it would give the City more time to get the Notice of Vacancy published and at that time, the City could begin to accept applications for consideration. This would also allow the Commission at its May 1, 2001 meeting to begin consideration for a new Commissioner for District !!. Motion Commissioner Fisher moved to accept applications tentatively after 5:00 p.m. tomorrow to give Commissioner Black the opportunity to submit his amended resignation and to close receiving applications on April 30, 2001 at 5:00 p.m. and publish the notice of vacancy immediately after 5:00 p.m., provided Commissioner Black submits a new letter of resignation. Motion seconded by Commissioner Black. 4 Special Meeting Minutes City Commission Boynton Beach, FL April 23, 2001 Vice Mayor Weiland said he agreed with the motion, but he did not feel that the Commission should rush to judgment. Vice Mayor Weiland suggested that after the applications are received that a workshop be scheduled to review and discuss the applications without making a decision at that time. Vice Mayor Weiland felt this would give the Commissioners more of an opportunity to fully review and study the applications instead of reviewing and discussing them on May 1st and then make a decision immediately after the discussion. Commissioner Black did not feel that a workshop was necessary, since the Commission had two meetings to make a decision. He felt that holding a special meeting would delay the process and that the candidates could answer any questions during the May 1st meeting. Commissioner Fisher concurred with Commissioner Black and noted that the Commissioners iust went through this process recently with District III. Vice Mayor Weiland said he was not trying to delay the process, and he was the one who suggested that tonight's meeting be held instead of on Thursday, as originally scheduled. Vice Mayor Weiland said that any workshop would be scheduled in between the regularly scheduled meetings. Commissioner Black called for the question on the motion. Mayor Broening said he would restate the motion to make certain everyone understood the procedure. The motion is conditional upon Commissioner Black moving up his resignation of April 30, 2001 as soon as possible, i.e., April 24, 2001 at 10:00 a.m. The City will immediately publish a notice of vacancy and begin accepting applications to close at 5:00 p.m. on April 30, 2001 and the first consideration of the candidates would be at the May 1, 2001 Regular City Commission Meeting. The motion carried unanimously. Mr. Bressner requested that the Commissioners review the Notice of Vacancy, which was distributed to the Commissioners so that he could proceed. The Commission agreed by consensus to accept the Notice of Vacancy as submitted. Commissioner Fisher pointed out that even though the City has moved into single member districts, Commissioners outside District !! would be responsible for voting for the appointment. Commissioner Fisher urged everyone to call their Commissioners to voice their opinion. 5 Special Meeting Minutes City Commission Boynton Beach, FL April 23, 2001 Adjournment There being no 'further business, Commissioner Black moved to adjourn, which was duly seconded by Commissioner Ferguson. The meeting properly adjourned at 7::[5 p.m. ATTEST: Recording Secretary (one tape) Commissioner Commissioner Commissioner 6 city of Boynton Beach City Clerk's Office I00 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33475-0310 (561) 742,6060 FAX: (561) 742-6090 4/17/01 * ERROR IN NUMBERING. Numbers 64 thru 163 skipped due to typo when a 1 was added in error that changed #R01-64 to #R01-164. Reserved #'s 64 thru 163 and continued on 5/1/01 with 175. "An Equal Opportunitu/A~'rmative Action/ADA Emp]oljer" The City of Bo. vnton Beach O0 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 (561) 742-6060 FAX: (561) 742-6090 4/17/01 * ERROR IN NUMBERING. Numbers 64, thru 163 skipped due to typo when a 1 was / added in error that changed #R01-64 to #R01-164. Reserved #'s 64 thru 163 and continued on 5/1/01 with 175. "An Equal Opl~ortunity/ Affirmative Action/ADA EmPloyer'' NOTICE OF VACANCY Effective April 24, 2001, there is a vacancy on the City Commission of the City of Boynton Beach, Florida, for the Commission seat for District II. Pursuant to City Charter Section 51, the City Commission has the power, by majority vote, to fill the vacancy until the next municipal election, with a qualified individual. The qualified individual must be a resident of District II, and must have resided in District II for a period of not less than one (1) year. All interested qualified individuals should file a request for consideration with the City Clerk. Request for consideration forms are available at the City Clerk's Office. The deadline for submission of applications is 5:00 p.m. — April 30, 2001 at the City Clerk's Office. LEGAL DESCRIPTION FOR DISTRICT II Bounded on the north by the south boundary of District IV. Bounded at the east by a line beginning at F.E.C. Railroad and N.E. 22nd Avenue; thence running south along the F.E.C. Railroad to the center line of the Boynton Canal C-16; also by a line beginning at the center line of the Intracoastal Waterway and the Boynton Canal C-16; thence running south along the center line of the Intracoastal Waterway to the center line of Ocean Avenue; also by a line beginning at the F.E.C. Railroad and Ocean Avenue; thence running south to the center line of S.E. 2nd Avenue. Bounded on the south by the north boundary of District III. Bounded on the west by the City's corporate limits. H 1 i ilk IIIJI . .A rowmummy , -- , rigighl .41-4 ...-.. id r 1—_--'—i_l—l IIFe,N.=Il I'RI,I:- La_ District 11 a �sii1 mi iInI ., ____ r m ,,,, 1 I II, ...pm . •11 Bi1eia r -- I len=MIME. Milo MI. A 1 — ri . � ��� s �I f District 111 - REQUEST FOR CONSIDERATION 41 Thank you for your interest in serving on the City Commission of the City of Boynton Beach, and for taking the time to complete the form below. Please print or type all answers clearly. Deadline for submission: 5:00 p.m. - April 30, 2001 I am requesting that the City Commission of the City of Boynton Beach, Florida consider me for appointment to the vacant commission seat for District II. I hereby certify that I am a registered voter and a resident of District II, and have been a resident of District II for a period of not less than one (1) year. NAME: ADDRESS: PHONE: EDUCATION: Are you currently serving on a City board? If yes, please list board. Have you served on an advisory board in this, or any other city, in the past? If yes, please list boards and dates of service: What personal qualifications do you posses which you feel would make; you a good candidate for this appointment? I 1 Feel free to attach a resume or additional sheet. Return the completed form to the City Clerk's Office, 100 East Boynton Beach Boulevard, City Hall. Mailing address: P. 0. Box 310, Boynton Beach, FL 33424-0310. Deadline for submission is 5:00 p.m. —April 30, 2001 SIGNATURE: DATE: cm/admin/mayorcom/comvacancy/application • 2