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Minutes 01-08-13MINUTES OF THE SPECIAL CITY COMMISSION MEETING HELD ON TUESDAY, JANUARY 8, 2013, AT 6:00 P.M. IN COMMISSION CHAMBERS, CITY HALL, 100 EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Woodrow L. Hay, Mayor Mack McCray, Vice Mayor Jerry Taylor, Commissioner Steven Holzman, Commissioner Wayne Segal Commissioner CALL TO ORDER Consensus Lori LaVerriere, City Manager James Cherof, City Attorney Janet Prainito, City Clerk Mayor Hay called the Special Meeting to order at 6:01 p.m. He indicated the Special Meeting had been called to discuss one particular issue, review of the Charter amendments. He suggested the public be given a chance to speak on the matter. Mayor Hay declared there was consensus that the public be given an opportunity to speak, if desired. Mayor Hay gave an invocation and led the Pledge of Allegiance to the Flag. There was a time frame of 30 minutes to address the issue with any questions or have Attorney Cherof summarize any outstanding concerns. Commissioner Holzman offered, since it was called as a Special Meeting, there had to have been a specific intent and that should be the starting point. Commissioner Segal advised he had initiated the request for a Special Meeting because a member of the Charter Review Committee had approached him requesting to bring it back before the Commission. Article 2, Section 17, having to do with the percentages required to win an election, was the main objective. It currently stands at 35% and the Charter Review Committee had recommended 50 %. The recommended amendment had not survived initially. Commissioner Segal stressed he had no personal stake or agenda in the matter. Mayor Hay recalled there had been discussion on the percentage required and it ultimately remained as it was at 35 %. Mayor Hay preferred the 50 %, a change from the 35% 1 Meeting Minutes Special City Commission Meeting Boynton Beach, FL January 8, 2013 Commissioner Holzman felt Commissioner Segal should indicate his preference since he had brought forth the item. Commissioner Segal repeated he had no personal agenda and understood the position of both sides At the 35% it would be less likely to have run offs and escalate the cost of elections. At the 50% level it would be more probable that run offs would be needed. From a candidate's point of view, the 35% would be preferable and from the voter's perspective, the 50% would be better. Commissioner Segal stressed he had no vested interest in the outcome. He simply brought the matter up for discussion at the request of an individual. Mayor Hay agreed it made sense from the voter's standpoint to assure they have the right person elected who is supported by the majority. The 35% level defeats the purpose of a majority vote because there can be instances where no candidates receive the majority of the vote. The 50% would be a better representation of the voter's choice, even if there had to be a run off Vice Mayor McCray mentioned the Senate, House of Representatives and Presidential election require 50% or better. The City of Boynton Beach should follow that lead, especially in a mayoral contest. He favored the 50% level. Commissioner Taylor recalled his first election required a run off. With four candidates, the top two went to the run off and he had won. In other elections it was 50.1%. Because of the low voter turnout in almost every election and if only 35% elects an individual, it is not a good consensus for the community. He favored the 50% plus one to achieve that strength from the community to have selected the proper person. Commissioner Holzman corrected Vice Mayor McCray's remarks that the President of the United States was not elected by a 50% margin or better. It falls under a totally different situation and other positions as well. The perception that the majority of the people had not selected a candidate would not be correct either. If more than two individuals are running, a majority would be over 35% of the votes. When only two individuals are running, the winner would require over 50% because that would be the majority. In the last mayoral election, six individuals ran for the office, so the majority would have been the greatest number of votes over 35% that equals the majority The current situation only requires a run off when there are many candidates for one race. The consideration for a 50% plus one majority has to include races with more than two candidates and with the low voter turnout it would be highly probable that 50% of the vote will not be achieved. It then hamstrings the City to pay for another election and guarantees an additional expense of $60,000 for a run off. The next election will cost around $60,000 and a run off of $60,000, for total expense of $120,000. Commissioner Holzman emphasized the City could not find $100,000 to open City Hall on Fridays to conduct business for the residents or $75,000 to open the Library more hours. It 2 Meeting Minutes Special City Commission Meeting Boynton Beach, FL January 8, 2013 appeared the Commission wanted to condemn the City to an automatic expense of $120,000 each election cycle. He could not support the change. Commissioner Taylor reiterated he had participated in four elections and only once was there a run off. There is a small chance of a run off. Vice Mayor McCray recalled a recent run off was required for a Senate seat in the last national election. It was irrelevant at this time. He was in favor of 50% plus one majority for the City of Boynton Beach. Commissioner Holzman questioned Commissioner Segal who the member was that approached him on the run off issue and requested reconsideration. Mayor Hay declared it was irrelevant. Mayor Hay opened the issue for public input. David Merker, 8 Southport Lane, understood the issue on finances, but the question should be what would be easier for the people of Boynton Beach to secure the candidate they desire. The key of every election is the turnout of voters. The second election historically sees lower voter turnout Jeanne Taylor, Chair of the Charter Review Committee, noted, as a board, the recommendation had been made with the discussion that only 35% of the vote equates to 65% of the voters who did not vote for the winning candidate. The Charter changes were going into a referendum and the people ultimately vote on the change. She requested the Commission give the people the opportunity to vote on whether the 50% plus one would be preferred. No one else coming forward, Mayor Hay closed public audience. Vice Mayor McCray thanked Ms. Taylor for summarizing the issue. The Commission would only be initiating a change; the voters would have the final decision Mayor Hay concurred. A Commissioner elected with only a 35% majority vote could waste $120,000 very quickly with bad decisions. Motion Commissioner Taylor moved to put a Charter amendment on the ballot for the people to decide to change to 50.1% to be elected Vice Mayor McCray seconded the motion. Commissioner Holzman inquired if the City Attorney would be drafting an ordinance with the language. Attorney Cherof advised it would be submitted at the January 15 meeting for first reading and February 5 meeting for second reading. The deadline for 3 Meeting Minutes Special City Commission Meeting Boynton Beach, FL the Supervisor of Election to receive the language for the ballot questions is February 8 th Vote The motion passed 4 -1 (Commissioner Holzman dissenting). ADJOURNMENT There being nothing further to come before the Commission, Mayor Hay properly adjourned the meeting at 6:16 p.m. ATTEST. y Clerk M. Prainito, MMC dith A. Pyle, eputy City Cler 4 CITY OF BOYNTON BEACH January 8, 2013 Woodrow L. Hay, Mayor y, Vice Mayor Steven Holz an, Comm sioner Wayne gal, Com ssioner