Minutes 01-24-84MINUTES OF THE SPECIAL CITY COUNCIL MEETING HELD AT
CITY HALL, BOYNTON BEACH, FLORIDA, JANUARY 24, 1984
PRESENT
James R. Warnke, Mayor
Carl Zimmerman, Vice Mayor
Nick Cassandra, Councilman
Joe deLong, Councilman
Samuel L. Wright, Councilman
Peter L. Cheney, City Manager
Betty S. Boroni, City Clerk
James W. Vance, City Attorney
Mayor Warnke called the meeting to order at 6:45 P. M. and
announced this is a special meeting called for the purpose of
dividing the proposed referendum which was read on first reading
at the last Council meeting. This will not change the intent or
content of any provisions of first reading. The purpose of this
meeting is to break up the large referendum into three separate
issues to give the voters a chance to vote on the individual
issues as opposed to the package as a whole. The City Council
will take a vote whether to break this up or leave as it was on
first reading. He then requested Mr. Vance to give a further
explanation.
Mr. Vance referred to submitting three proposed ordinances and
identified these with numbers for clarification. He advised he
was requested to break out two questions by Mayor Warnke and
Councilman Cassandra and place in separate ordinances. The two
questions are residency alone and the question of eliminating more
than two consecutive terms in office. The two consecutive terms
question is covered by proposed Ordinance No. 84-4 and the resi-
dency by proposed Ordinance No. 84-5.
Mr. Vance then explained that there is a question whether all the
questions will be able to fit on one ballot. Based on calcula-
tions made, we believe we will be able to get these additional
two ordinances on the ballot.
Mr. Vance clarified that the Council has a choice. If the Council
desires, they can approve proposed Ordinances Nos. 84-4 and 84-5
or they can combine both questions and adopt the third proposed
ordinance and disregard the other two.
Mr. Vance further explained how a combination of votes would not
impair any of these going into effect and would not compromise any
other ordinance. Vice Mayor Zimmerman referred to a conflict
being created with both ordinances being approved, one with four
districts and the other with five districts and asked how we would
operate then? Mr. Vance informed him the Council would operate
with four districts because it would be assumed more voters like
the entire package. Mr. Zimmerman referred to the possibility of
all the items being approved and Mr. Vance replied it would be
presumed since the ordinance on the ballot is a package including
both items and redistricting, perhaps the voters got confused and
wanted the entire package. He explained if Ordinance No. 83-54
was approved along with these other two ordinances, the votes in
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SPECIAL CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
JANUARY 24, 1984
favor of the latter two would be assumed non-votes because of the
voting for the larger package. He added these ordinances do con-
tain the old legal descriptions because we cannot use new
districts because we do not know if they will be approved.
Councilman deLong referred to giving the people the privilege to
vote on each subject independently and Mr. Vance replied that he
set it up this way to give them an independent choice.
Councilman Cassandra referred to confusion and asked why the ori-
ginal ordinance just couldn't ask the question if they wanted the
mayor elected at large and new districting and Mr. Vance replied
that he prepared these ordinances as directed by the Council.
Mr. Cassandra referred to the ordinance being read on first
reading and questioned changes being made and Mr. Vance informed
him the items could be deleted since they would be covered by the
new ordinances.
Mayor Warnke clarified that all that is being resolved now is to
break the ordinance down into three different sections and none
of these ordinances will affect the other. The main ordinance is
breaking down the districts into four and the mayor at large. The
number of consecutive terms and residency requirements will be
separate. Mr. Vance added these last two items could be deleted
from the original ordinance on second reading. Mrs. Boroni
referred to the ordinance having been advertised and Mr. Vance
advised that we can delete from an ordinance, but cannot add to
an ordinance.
Proposed Ordinance No. 84-4 - Re: Deletion of prohibition against
Council Members serving more than two consecutive terms
Mr. Vance read proposed Ordinance No. 84-4 by title:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON
BEACH, FLORIDA, PROPOSING THAT A REFERENDUM ELECTION BE HELD
TO AMEND THE CHARTER OF THE CITY, AS ADOPTED BY THE FLORIDA
LEGISLATURE AND BEING KNOWN AS CHAPTER 61-1889, SPECIAL LAWS
OF FLORIDA, AS AMENDED, TO PROVIDE THAT IF APPROVED BY THE
ELECTORS, THE ABOVE REFERENCED CHARTER SHALL BE AMENDED TO
AMEND SECTION 50. TERMS OF ELECTED OFFICES. OF SAID
CHARTER TO DELETE THE PROHIBITION AGAINST COUNCIL MEMBERS
SERVING MORE THAN TWO (2) CONSECUTIVE TERMS; PROVIDING A
BALLOT TITLE; PROVIDING THE OFFICIAL SUBSTANCE OF THE
AMENDMENT TO BE PLACED ON THE BALLOT; DIRECTING THE CITY
CLERK TO SUBMIT A CERTIFIED COPY OF THE ORDINANCE TO THE
SUPERVISOR OF ELECTIONS; PROVIDING AN EFFECTIVE DATE,
PROVIDING A CONFLICTS CLAUSE, AND A SEVERABILITY CLAUSE; AND
FOR OTHER PURPOSES.
Councilman deLong moved the adoption of proposed Ordinance No.
84-4 on first reading only, seconded by Councilman Cassandra.
discussion. Mrs. Boroni took a roll call vote on the motion:
No
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SPECIAL CITY cOUNCIL MEETING
BOYNTON 'BEACH, FLORIDA
JANUARY 24, 1984
Motion carried 5-0.
Vice Mayor Zimmerman - Aye
Councilman Cassandra - Aye
Councilman deLong - Aye
Councilman Wright - Aye
Mayor Warnke - Aye
proposed Ordinance No. 84-5 - Re: Residency Requirements
Mr. Vance read proposed Ordinance No. 84-5 on first reading:
AN 'ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON
BEACH, FLORIDA, PROPOSING THAT A REFERENDUM ELECTION BE HELD
TO AMEND THE CHARTER OF THE CITY AS ADOPTED BY THE FLORIDA
LEGISLATURE AND BEING KNOWN AS CHAPTER 61-1'889, SPECIAL LAWS
OF FLORIDA, AS AMENDED, TO PROVIDE THAT IF APPROVED BY THE
ELECTORS, SECTION 17 OF SAID CHARTER SHALL BE AMENDED AS
FOLLOWS: CANDIDATES FOR CITY COUNCIL MUST RESIDE WITHIN THE
BOUNDARIES OF THEIR APPLICABLE DISTRICT FOR A PERIOD OF NOT
LESS THAN SIXTY (60) DAYS PRIOR TO FILING FOR OFFICE;
PROVIDING THAT FAILURE OF A COUNCIL MEMBER TO CONTINUE TO
RESIDE WITHIN THE DISTRICT FROM WHICH ELECTED SHALL CAUSE
SAID COUNCIL MEMBER TO AUTOMATICALLY FORFEIT HIS/HER OFFICE;
PROVIDING THAT THE REMAINING MEMBERS OF THE CITY COUNCIL
SHALL FILL SUCH A VACANCY WITH AN INDIVIDUAL RESIDING IN THE
SAME DISTRICT FROM WHICH THE .ORIGINAL COUNCIL MEMBER
RESIDES; PROVIDING A BALLOT TITLE; PROVIDING THE OFFICIAL
SUBSTANCE OF THE AMENDMENT TO BE PLACED ON THE BALLOT;
DIRECTING THE CITY CLERK TO SUBMIT A CERTIFIED COPY OF THE
ORDINANCE TO THE SUPERVISOR OF ELECTIONS; PROVIDING AN
EFFECTIVE DATE, A CONFLICTS CLAUSE, AND A SEVERABILITY
CLAUSE;zAND FOR OTHER PURPOSES.
Councilman deLong moved the adoption of proposed Ordinance No.
84-5 on first reading only, seconded by Councilman Cassandra.
discussion. Mrs. Boroni took a roll call vote on the motion:
No
Councilman Cassandra - Aye
Councilman deLong - Aye
Councilman Wright - Aye
Mayor Warnke - Aye
Vice Mayor Zimmerman - Aye
Motion carried 5-0.
Councilman Cassandra clarified that we still have Calendar time
to delete the major election changes at second reading and Mr.
Vance agreed this is correct.
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SPECIAL CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
JANUARY 24, 1984
ADJOURNMENT
Mr. deLong moved to adjourn, seconded by Mr. Wright. Motion
carried 5-0 and the meeting was properly adjourned at 7:07 P.M.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
Clerk
Vice Mayor
~Councilman
~'/~ Counc- ~ i~199n
/ ' ! Counci~n O
Recording --Sec~r eta ry
One Tape)
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