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Minutes 10-13-80MINUTES OF THE SPECIAL CITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, FRIDAY, OCTOBER 31, 1980 AT 9:00 A.M. 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 Tereesa Padgett, City Clerk James W. VanCe, City Attorney Mayor Harmening welcomed everyone and called the meeting to order at 9:00 A. M. He announced there is one item on the agenda for this Special Meeting which is the second reading of proposed Ordinance No. 80-46 regarding districting. Mayor Harmening referred to an addition being distributed which was prepared by the City Attorney and Mr. Trauger questioned where the new pages are to be inserted. After checking, Mr. Vance determined that apparently his secretary used the older version when numbering the pages 3 and 5 and this addition should be inserted into the original ordinance on Page 4 following the word "Act" at the end of the second paragraph reading: "provided that this amendment shall not affect the terms of office of any council member elected in 1979 or 1980." Mr. deLong then requested the following statement to be entered into the record verbatim: deLong: Mr. Chairman, a question of the City Attorney, through the Chair. Mr. City Attorney, for the record, is it true that the adoption of this ordinance will not prohibit me from seeking office when my present term expires in 19827 Vance: Assuming that you meet all the other qualifica- tions for running for office, this ordinance will not. deLong: Do you foresee anything that would prohibit me from running insofar as the qualifications are concerned? Vance: No, Sir. This ordinance will not. deLong: This ordinance will not prohibit me from seeking public office when my term expires whether it is January or March of 19827 Vance: No, Sir. deLong: Okay. I would request of the Chair that the Secre- tary have the minutes reflect my question and the answer in the minutes of this meeting. My question and the answer of the City Attorney verbatim. MINUTES - SPECIAL CITY COUNCIL BOYNTON BEACH, FLORIDA OCTOBER 31, 1980 Mrs. Huckle asked if this addition would jeopardize the exten- sion of terms in the event Ordinance #80-41 changing the date was not passed and Mr. Vance replied negatively as that is a separate ordinance and this wording applies only to this ordi- nance. Mrs. Huckle stated this ordinance wraps itself around the possibility of the other ordinance being passed in the language and Mr? Vance agreed, Mr. Trauger referred to this change and stated should he be elected, the term would be for two years; however, when this takes effect there is the possibility of two councilmen coming from one district and would this provide for the two? Mro Vance informed him this ordinance provides there will not be any shut out, The individuals elected in 1979 and 1980 will run at large and their terms will be served out in full. This amendment is to make specific that districting will not affect those council members elected in 1979 or 1980, Mayor Harmening referred to filling in the blank spaces on the new pages and Mr. Vance recommended adding this language to the existing ordinance which has the blanks filled in. If the Council sees fit to make this amendment, the language should be added at the end of the second paragraph also on Page 8. If the Council desires, there should be a motion to amend Ordinance No. 80-46 by adding this language on Pages 4 and 8. Mr. Strnad so moved, seconded by Mr. deLong. Mayor Harmening clarified that it has been moved and seconded to add the language: "provided that this amendment shall not affect the terms of office of any council member elected in 1979 or 1980" at the end of the second paragraph on Page 4 and Page 8. Under discussion, Mayor Harmening commented that it seems the people who are so interested on the Council in seeing this ordinance passed shouldn't have any qualms or problems with the language because it may or may not affect their term of office at the present time or in the future. If they are so willing to have it passed, they should suffer the consequences as they may beo Motion carried 4-1 with Mayor Harmening dissenting. Mr. Vance then read proposed Ordinance No. 80-46 by title on second and final reading: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, PROPOSING AN AMENDMENT TO THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AS ADOPTED BY THE FLORIDA LEGISLATURE AND BEING KNOWN AS CHAPTER 61-1889, SPECIAL LAWS OF FLORIDA AS AMENDED, PROPOSING ALTERNATIVE AMENDMENTS TO ARTICLE II, "CITY COUNCIL", SECTION 17, "COMPOSITION, ELECTION, TERMS AND VACANCIES", ARTICLE VII, "ELECTIONS" SECTION 138 "CALL BY MAYOR, PUBLICATION OF PROCLAMATION, NOMINATIONS, QUALIFICATION OF CANDI- DATES, PRIMARIES AND ARTICLE VII, "ELECTIONS" SECTION -2- MINUTES - SPECIAL CITY COUNCIL BOYNTON BEACH, FLORIDA OCTOBER 31, 1980 139 "ELECTION OF NOMINEES OF PRIMARY ELECTION", PROVID- ING THAT SHOULD ORDINANCE NUMBER 80-41, WHICH PROVIDES FOR CITY-WIDE ELECTION BE HELD IN MARCH RATHER THAN DECEMBER NOT BE APPROVED BY THE VOTERS, AT THE REFEREN- DUM ELECTION OF DECEMBER, 1980 THAT THE CITY COUNCIL MEMBERS SHALL QUALIFY IN ONE OF FIVE DISTRICTS, THE BOUNDARIES OF WHICH ARE DESCRIBED HEREIN AND SHALL BE ELECTED BY CITY-WIDE VOTE, PROVIDING THAT THE CITY COUNCIL MEMBERS ELECTED IN 1981 SHALL QUALIFY AND BE ELECTED UNDER THE PROVISIONS OF THIS ORDINANCE IN DECEMBER OF 1981 IN THE EVEN NUMBERED DISTRICTS (DIS- TRICTS 2 AND 4) AND THAT THE CITY COUNCIL MEMBERS ELECTED IN 1982 SHALL QUALIFY IN THE ODD NUMBERED DIS- TRICTS (DISTRICTS 1, 3 AND 5); AND THAT SECTIONS 138 AND 139 OF THE CITY CHARTER ARE AMENDED TO CONFORM WITH THE DISTRICTING PROVISIONS; PROVIDING THAT SHOULD THE AFORESAID ORDINANCE NUMBER 80-41 WHICH PROVIDES THAT CITY ELECTIONS SHALL BE HELD IN MARCH RATHER THAN DECEMBER SHALL BE APPROVED BY THE VOTERS AND ARTICLE II, SECTION 17 SHALL BE ALTERNATIVELY AMENDED AS FOLLOWS: BY PRO- VIDING THAT CITY COUNCIL MEMBERS SHALL QUALIFY IN ONE OF FIVE DISTRICTS, THE BOUNDARIES OF WHICH ARE DESCRIBED HEREIN AND ELECTED BY CITY-WIDE VOTE, PROVIDING THAT THE CITY COUNCIL MEMBERS WHO ARE ELECTED IN 1982 SHALL BE ELECTED FROM THE EVEN NUMBERED DISTRICTS (DISTRICTS 2 AND 4) AND PROVIDING THAT IN 1983 CITY COUNCIL MEMBERS SHALL BE ELECTED FROM THE ODD NUMBERED DISTRICTS (DIS- TRICTS 1, 3 AND 5); AND THAT SECTIONS 138 AND 139 OF THE CITY CHARTER ARE AMENDED TO CONFORM WITH THE DISTRICTING PROVISIONS; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR THE QUESTION TO BE PRESENTED AT THE REGULAR MUNICIPAL ELECTION TO BE HELD ON THE FIRST TUESDAY IN DECEMBER OF 1980; PROVIDING FOR AN OFFICIAL BALLOT TITLE~ PROVIDING FOR THE OFFICIAL SUBSTANCE OF THE AMENDMENT TO BE PLACED ON THE BALLOT; AND FOR OTHER PURPOSES. Mrs. Huckle moved to adopt Ordinance No. 80-46 on second and final reading, seconded by Mr. Strnad. Mayor Harmening asked if anyone in the audience wanted to speak in favor of this proposed ordinance and the following came be- fore the Council. Mr. Nick Cassandra, 2554 S. W. 10th Court, stated he is in favor of districting, but is concerned implementation will not work. He wants it put into the records his opinion of how this would work. If not for Mrs. Huckle, we would not be here for this. Mr. Trauger commented that we may be defranchising the candidates. Mr. Harmening is concerned a number of qualified candidates may not run. Mr. deLong repeated his question of whether he could run. He commented about these remarks from the Council members. In his opinion, he is afraid that Mr. deLong will not be able to run. -3- MINUTES - SPECIAL CITY COUNCIL BOYNTON BEACH, FLORIDA OCTOBER 31, 1980 Mr. Cassandra referred to the City Attorney mentioning the possibilities which may occur with having all the ordinances, but he would like to put into the records that there is one possibility which may occur with the possibility of three variations. There are three seats available in 1980 and these could be filled from one district. We could have two people coming out of one district. We could have one person coming out of one district. In 1981, when the other two seats are available, there could be one of three possibilities. There is the possibility of three candidates coming out of one district and if that district should fall in Councilman deLong's area, he cannot run because that district is covered. After the 1981 election, three districts will be covered. In the 1982 election, the other districts will open. To fully implement this, it will take up until 1982 if the worse of conditions occur. He would like to make Councilman deLong aware that it is his opinion that if the election in 1980, those people are elected from his district, he cannot run by this ordinance. It seems like they are trying to fit a square peg in a round hole. The odd and even districts cannot be designated, but it depends on how the people are elected in 1980. In 1981, the other districts will have to be elected. In 1982, it will be opened and fully implemented. Mr. deLong complimented Mr. Cassandra on his remarks and told about researching this and having a prepared statement for the first reading of the ordinance suggesting how this could all be overcome. Mr. Cassandra agreed, but stated nothing can be done until seeing what happens in this election. Mayor Harmening also agreed with the sentiments expressed. Mr. Sam Wright, 318 N. E. 10th Avenue, referred to standing here this morning as he has been for the last year supporting districting because he feels it will be most beneficial for the City of Boynton Beach and the citizenry. They should be placing priorities on people and put personal interests aside. He commended Mrs. Huckle for asking to reconsider this situa- tion. He commended the Council on making Mrs. Huckle's ap- pointment in August. In doing research on districting, he realizes there are pros and cons; but when weighing them, districting will be more beneficial to the citizens. He then read an article entitled "A Fair Voting System for Local Government" written by Joseph Fo Zimmerman in favor of the districting system. Mr. Wright requested the Council to consider this information and pass this ordinance to allow the citizens to vote on this to see how they feel will be most beneficial for them. He contends that we do not have taxation with equal representa- tion. The citizens should be given this decision to make. -4- MINUTES - SPECIAL CITY COUNCIL BOYNTON BEACH, FLORIDA OCTOBER 31, 1980 Mrs. Dee Zibelli, 440 Ocean Parkway, thanked Mrs. Huckle for putting life into districting. She felt when we started dis- tricting, there would be little inadequacies with the people in office, but we should rise above that and look at the over- all benefit of districting. The Council should vote to have districting on the ballot and let the residents vote their yes or no. Mr. Carl Zimmerman stated he is in favor of districting because it is a very common practice. In regards to imple- mentation, is he right that there will be no election in the calendar year of 1981 and the next election will be extended into the year 1982 and Mayor Harmening replied this was cor- rect if the proposed referendum issue propOsed in Ordinance No. 80-41 passes the electorate. Mr. Zimmerman referred to living in District 3 and stated if he is not elected this year, will he be able to run in the next election in 1981 with all the changes made and Mr. Vance replied if the date change does not pass, this district will not be open until 1982. If the date change does pass with the election being changed from December to March, in 1982 Districts 2 and 4 will be open and in 1983 Districts 1, 3 and 5 will be open. Mr. Zimmerman clarified that he will be ex- cluded from running next year if he fails to be elected this year and Mr. Vance agreed and added this was based upon his residence. Mr. Zimmerman remarked that this is discrimination. Mr. deLong clarified that if this ordinance is not passed this morning, it will preclude it from becoming a proposi- tion on the ballot and Mr. Vance agreed this is correct. Ms. Brenda Lee Williams, 337 N. E. 24th Avenue, clarified that she is speaking for herself and her children and not as a black leader. She agrees with Mrs. Zibelli that five people do not have the right to speak for 40,000. She re- quests this be put on the ballot to give the people the decision on what they want to do. Mr. Cassandra asked no matter what order or even when an election comes up and that district has a seat and that candidate has another year to run, can another candidate run and Mr. Vance replied that if this ordinance is adopted and subsequently approved by the citizens, it doesn't matter where the person lives elected in 1979 or 1980 as they will serve their term. When the districting comes up, anyone living in the geographic area can run for that district. It will not affect the existing terms of office. -5- MINUTES - SPECIAL CITY COUNCIL BOYNTON BEACH, FLORIDA OCTOBER 31, 1980 Mr. Cassandra referred to the possibility of him being elected this year and stated he will have two years to run and if Mr. deLong is in the same district, can he run and Mr. Vance re- plied affirmatively as he would be elected under the existing system. Mr. Cassandra referred to implementation taking longer to occur and stated in the 1981 election, it would be possible for Mr. deLOng to run and that seat would be occu- pied, so there would be two people from the same district and Mr. Vance disagreed and stated the district seat would not exist at the time of his election. The candidates being elected this year are from the city at large and there is no districting at this point in time. Mr. deLong referred to there being some bugs in the ordinance, but stated they can be taken care of at a later date. If this ordinance is not passed, the issue will not appear on the ballot. The problems can be straightened out. He is satisfied in his own mind that it may preclude him, but he is not certain and when that time comes, the court of law will make the proper decision. Mr. Wright added that in doing his research, he took a poll and talked to some city clerks in neighboring municipalities. They have districting in West Palm Beach, Riviera Beach, Belle Glade, Delray Beach and Lake Worth has had districting since 1929. He was also told by the Supervisor of Elections that Greenacres is considering districting. Mayor Harmening asked if anyone wanted to speak in opposition to this proposed ordinance and received no response. He then declared the public hearing closed and opened the subject to discussion by the Council. Mr. Strnad stated he is sitting here very perturbed and angry that his integrity would be questioned by a member of the black community. He has always been in favor of helping the black community. This morning at 7:30 A.M., he got a call from Sam Wright who stated he had a call from Lottie Pierce, who got a call from Joe deLong stating they should get some blacks here because he was being brought in to vote against the districting issue. To question his inte- grity for what he has stood for in the past two years hurt. He would not change his vote to get votes. He votes for what he believes is right. He believes it was unkind to call him and ask him to support districting as he said at the last meeting he would support it. -6- MINUTES - SPECIAL CITY COUNCIL B©YNTON BEACH, FLORIDA OCTOBER 31, 1980 Mr. deLong referred to having a relationship with Mr. Strnad for many years and stated he has never questioned Mr. Strnad's integrity. As far as him calling Mrs. Pierce, she is a dear and personal friend and this goes back many years. They dis- cussed this situation. His prime concern is to have this placed on the ballot and have the people make the decision. He does not feel we should argue the merits or dismerits of districting. When talking to Mrs. Pierce in reference to Mr. Strnad, he said this meeting was being held at 9:00 A. M. and he believed the other Council members should be here and understood that Mr. Strnad was going to try to make it even though leaving the City and missing the past two meetings. Nobody ever questioned Mr. Strnad's integrity. He doesn't agree with his political philosophy. He offers his apologies if Mr. Strnad felt he attacked his integrity. Mayor Harmening commented that he feels the~ are only a few people supporting this to be put on the ballot and it is not worth the effort. This will cause confusion. The ordinance is rather ill-conceived. The subject matter is rather weighty and lends itself to confusion. It is confusing for the members of the Council and the public. The implementation will create some amount of confusion. He would like to lay this to rest for once and all the rather remarkable statements of a handfill of supporters in favor of this. Their prime contention is that certain areas of the City, mainly the north end, has not had any representation. The north end has had representation since 1970 and would have at this point in time if Ron Johnson had not chose to resign. Possibly some people have forgotten or overlOoked the fact there has been excellent representation from the north end such as: Councilman Ronald Johnson, 1205 N. W. 7th Street, serving from 1/2/79 to 2/26/79 Councilman Joe DeMarco, 10 Venice Drive, serving during 1978 and 1979. Mayor Emily Jackson, 728 N. E. 9th Avenue, serving in 1972, 73, 75, 77 and 78. Mayor Robert B. Effron, 13 Velair Drive, in 1971-72. Councilman Leonard Nylund, 3375 Ocean Parkway, 1967 thru 1970. Mayor Harvey Oyer, Jr., 512 N. Seacrest, in 1959-60. Mayor Walter Madsen, 214 N. E. 14th Avenue, in 1959-60-61- 62-63-64-65-66 Mayor J. W. Pipes, 656 Manor Drive, in 1961 & 62. Mayor F. L. Purinton, 817 N. Federal Highway, in 1947 thru 1954. -7- MINUTES - SPECIAL CITY COUNCIL BOYNTON BEACH, FLORIDA OCTOBER 31, 1980 Mayor Alva E. Shook, 632 ~hore Drive, in 1949 thru 1956. Councilman Clifford Province, 327 N. E. 15th Court, in 1950 & 51. Councilman Henry Merkle, 716 North Road, in 1950 & 51. Councilman Arthur Frederick, East Palm Drive,in 1952 & 53. Mayor Mott H. Partin, 318 N. E. 3rd St., in 1955 thru 1958. Councilman Donald Rehburg, 629 N. E. 9th Ave., in 1956 & 57 Mayor Paul Mercer, 303 N. W. 1st Avenue, in 1946 & 47. Dr. N. M. Weems, 409 N. E. 3rd St., in 1936 thru 1943 Mayor Harmening clarified that the people who have claimed they have not had any representation apparently chose to over- look the fact they have had fi~e representation. The majority of these people have been mayor during their term. Mayor Harmening continued that he has not heard an overwhelming response from the electorate. He supposes this ordinance will pass today, but strongly suspects it will be voted down by the people. Mr. deLong stated this list is not germane to the situation. The proposition is Whether to put it on the ballot and we should let the people make the decision. This list is from when Boynton Beach was a piddle in the middle of the road and sparsely populated. The office did not entail much time needed. We are sitting here to adopt ~ ordinance on whether to give the p~ople the right to vote districts. Districts will bring government closer to the people and the people should be allowed to make the decision. Mrs. Huckle referred to the pr~ does not favor districting and being in favor of districting abuses with districting. She endum passes, her fears will n~ in the best interest of the Ci' tricting. Mayor Harmening clarified that people from the north end of t~ underlying thrust of the people tion. He is under the same min this pass, he believes it will misunderstanding and will be a People will be filing to run fr in another district. This will it will solve; but if it makes referendum, then something is a ss stating that she personally stated her reason for not s she feels there may be more incerely hopes if this refer- t be realized and it will be y. She does not favor dis- he only mentioned all these wn because it has been the that they want. representa- d as Mrs. Huckle and should create confusion, doubt and return to ward politics. Dm houses they rent or own create more problems than ~he people happy to get it on ~complished. -8- MINUTES - SPECIAL CITY COUNCIL BOYNTON BEACH, FLORIDA OCTOBER 31, 1980 Mr. deLong referred to ward politics and asked if there is any difference between ward or sectional politics which we have today? We now have different groups in different sections. There are congressional districts, legislative districts, county commission districts and districts in other cities. Whether ward politics or not, we must remember this nation is predicated ~pon a foundation of politics. Politics is what this government is composed of. Mayor Harmening replied that in large areas like congressional districts and in Palm Beach County, there is a valid basis for districting, espec- ially when considering the diversity of economics and people. However, Boynton Beach is relatively quite small. His feel- ing is the present system has worked well and served the people of Boynton Beach more than adequately. Mrs. Padgett then took a roll call vote on the motion as follows: Councilman Strnad - Aye Councilman deLong - Aye Councilmember Huckle - Aye Mayor Harmening - No Vice Mayor Trauger - Aye Motion carried 4-1. Mr. deLong referred to the amendment stating: "provided that this amendment shall not affect the terms of office of any council member elected in 1979 or 1980" and clarified that he was elected in 1979 and this ordinance has been adopted. ADJOURNMENT Mr. deLong moved to adjourn, seconded by Mrs. Huckle. Motion carried 5-0 and the meeting was properly adjourned at 9:55 A.M. -9- MINUTES - SPECIAL CITY COUNCIL BOYNTON BEACH, FLORIDA OCTOBER 31, 1980 CITY OF BOYNTON BEACH, FLORIDA J ~ Counc ilmember ATTEST: Councilman ~ City Clerk cording Secretary (One Tape) -10-