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HomeMy WebLinkAbout1984-09-07 - City Commission Joint Special Meeting Minutesso 48 1 1 Fj VAIL REFL`+ TO F 0 Box 25010 7AVARAC. FLORIDA 33370 Es11 r,C1�TH`,.EST 6r7H A v E .lIr 1i. . 7ELEPHCiNE 1305 777 7a'.. NOTICE OF SPECIAL MEETING CITY COUNCIL/CHARTER BOARD JOINT MEETING TAMARAC, FLORIDA Please be advised of a Special Joint Meeting of the City Council and the Charter Board called by the Redistricting Committee to be held on Friday, agptember 7. 1984 at 10:00 A.M., in the Council Chambers of City Hall, 5811 N. W. 88th Avenue, Tamarac, Florida. The purpose of this meeting is presentation of the Final Redistricting Report by the Redistricting Committee to the City Council and Charter Board pursuant to Section 6.03 of the Charter. MARILYN BERTHOLF, C.M.C. City Clerk Pursuant to Section 286.0105, Florida Statutes It a person decides to appeal any decision made by the city Council with respect to any matter considered at such mectink or hearing, he w 11 need a reaoro of the proceedings and for ,ach Purpose, he may need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is to be based. "An Equal Opportunity Employer" 1 REDISTRICTING COMMITTEE JOINT MEETING WITH CITY COUNCIL AND CHARTER BOARD SEPTEMBER 7, 1984 The Redistricting Committee met with the City Council and the Charter Board on Friday, September 7, 1984, at 10:00 A.M., in the Council Chambers of City Hall. ROLL CALL: Redistricting Committee - PRESENT: 1 Citv Council Charter Board Sol Robinson, Chairman Bernie Hart, Vice Chairman George Baer Sam Pizzarello Al Mallor, Roland Paradisi Bernard Simms Ed Solomon ABSENT & EXCUSED: Margaret Wallach PRESENT: Vice Mayor Sydney M. Stein Councilman Raymond J. Munitz Councilman John J. Dunne ABSENT & EXCUSED: Mayor Philip B. Kravitz Councilman Jack Stelzer PRESENT: Moni Avidon, Chairman Alice Norian, Vice Chairman Jim Godin Ben Lieber Melanie Reynolds Redistricting Committee Chairman Robinson asked that the record show that when he was originally appointed to this position, he was apprehensive as to the manner in which each individual member might try to impose his political leanings and knowledge on the group. He stated that he was apprehensive of the possibility of long hours of bickering before any compromise or acceptable plan could be formulated; however he was pleased to report that from the beginning of the first moment of the first meeting his fears were soon dissolved. He continued that during his lifetime, he has been privileged to serve as a member or chairman of hundreds of committees but never has he had the pleasure to work with and serve alongside of such a fine and dedicated group of volunteers as comprise this Redistricting Committee. He said that each individual member gave of themself unsparingly; they set aside any preconceived ideas and plans and worked together, with such harmony and cooperation as to earn the admiration of not only himself, but every individual who witnessed any of the meetings of this committee. He continued that the people of the City of Tamarac are indeed fortunate to have such a dedicated group of devoted volunteers who are willing to give so much of themselves, their time and money , their knowledge and ability in order to make this City so desirable a community in which to live. Mr. Robinson said that each and every member of this Committee should be personally thanked and praised for their efforts and outstanding contributions. Mr. Robinson personally thanked Bernard Hart, the Vice Chairman of the Committee, for all the advice and assistance he gave during their deliberations; and thanked those members of the public who attended their sessions and voiced their opinions. He continued that he would be remiss if he did not thank the City Clerk, Marilyn Bertholf, for her cooperation. He added that last, but not least, he wished to thank the people of Tamarac for granting him the privilege to serve his Community. Mr. Robinson asked that his comments be a permanent part of the record. 40 N M Redistricting Committee/ City Council/Charter Board September 7, 1984 Page 2 Chairman Robinson read the Final Report dated July 16, 1984, as submitted to all concerre, The Districts, as established by that report, are as follows: DISTRICT 1 - SHALL CONSIST OF THE FOLLOWING VOTING PRECINCTS: BOUri'DARIES - All lands that are East of N. W. 64th Avenue within Tamarac city limits, with the exception of Bermuda Club Condominium. Precinct 11J - Tamarac Lakes North, Tamarac Lakes North 2nd Section (Boulevards), Tamarac Lakes South. Precinct 13J - Mainlands Sections 1, 2, 5 Precinct 14J - Mainlands Sections 7, Sabal Palm Condominium, Gardens of Sabal Palm, Lakes of Carriage Hills Precinct 151 - Mainlands Section 3, 3A, 4 Precinct 16J - Woodlands, North Laurel Circle Precinct 17J - Tamarac Lakes 1 and 2 Precinct 19J - Shaker Village Precinct 23J - Mainlands Section 6 and 6A Precinct 24J - Treehouse Apartments, Lakeside Apartments 6,420 Registered Voters -- 27.50% DISTRICT 2 - SHALL CONSIST OF THE FOLLOWING VOTING PRECINCTS: BOUNDARIES - All lands within Tamarac city limits bounded by NW 61st Avenue on the East, Commercial Boulevard on the South, Pine Island Road (N.W. 88th Avenue) on the West, South side of Lagos De Campo Boulevard and South side of McNab Road on the North. Precinct 51 - Mainlands Sections 9, 10, 15 (Vanguard Village) Precinct 6J - Cannongate, Versailles Gardens, Rokest, Fairways, Concord Village (excluding Buildings 11 and 12) Precinct 8J - Bermuda Club, Fountains Apartments Precinct 91 - Mainlands Section 8 Precinct 10i - Mainlands Sections 11, 12, 13, Edgewater Villas, Woodland Villas 5,940 Registered Voters -- 25.50% 1 0 1 Redistrictirg Cor:mittee/ City Council/Charter board Septenber 7, 14U14: Page DISTRICT 3 - SHALL CONSIST OF THE FOLLOWING VOTING PRECINCTS: BOUNDARIES - All lands that are bounded by the West side of Pine Island Road (N.W. 88th Avenue) on the East, Commercial Boulevard on the South, city limits on the West and Southgate Boulevard on the North. Precinct 3J - Westwood Sections 21 and 22, Spring Lake 2, Woodview Precinct 4J - Westwood Sections 23 and 24, Spring Lake I, Spring Lake Villas, Burnham Lea (Heftler Homes) Precinct 7J - Lime Bay Condominium Precinct 21J - Westwood Section 20, Paradise Estates, Westchester, Greens Condominium, Tamarac Gardens, Wedgewood, Spyglass Precinct 22J - Westwood Section 24(west of N.W. 103rd Avenue), Isles of Tamarac 5,413 Registered Voters -- 23.10% ISTRICT 4 - SHALL CONSIST OF THE FOLLOWING VOTING PRECINCTS: BOUNDARIES - All lands bounded by the East side of Pine Island Road (N.W. 88th Avenue) on the West, Southgate Boulevard on the North, Tamarac city limits on the East, North side of McNab Road and North side of Lagos de Campo Boulevard on the South. Precinct 1J - Heathgate and Sunflower (north of N.W. 76th Street and east of N.W. 71st Avenue), Mission Lakes (east of 71st Avenue) Precinct 2J - Mainlands Section 14 and 16, Lake Colony, Greenbrier, Pa1rr. Ridge Duplexes Precinct 12J - Mainlands Section 17, Heathgate and Sunflower (west of N.W. 71st Avenue), Southgate Gardens Condominium Precinct 18J - Sands Point, SandPebbles, Concord Village - Bldg 11 & 12 Precinct 201 - Woodmont, Academy Hills 5,571 Registered Voters -- 23.90% �1 M A so Redistricting Committee/ City Council/Charter Board September 7, 1984 Page 4 Chairman Robinson advised that this report was respectfully submitted by signatures of all members of the Committee, with the exception of Margaret Wallach who was not present at the last four meetings. He stated that attempts to contact her by phone were unsuccess- ful and she has been written to on several occasions; however at the last meeting she attended, she notified the Chairman that whatever this Committee decided upon, if it was unanimous, she would agree. Chairman Robinson acknowledged the City Attorney and stated that City Attorney Henning has pointed out several things. Chairman Robinson reported that in deliberations, the Committee discovered that it was impossible to formulate a Final Report that would totally encompass everything in the amendment and it would be necessary to bend somewhat. Chairman Robinson Continued that Q ty_,_Attorney ljeRainz has advised that his interpretation of the amended Charter was �..i�eQuld_�ve_.inith anv fi¢ures, even if they exceeded the 27.50% or some Districts had less than the 22.50%. Chairman Robinson added that the Amendment also said that communities should not be divided, which caused quite a debate within the Committee. He said that the Committee decided that the prime purpose of the Amendment was to equalize the number of registered voters within the Districts. Chairman Robinson said that the Committee is cognizant of the fact that Governments are elected, not to meet individual exigencies but also to plan for futures; and although this Committee was not charged with that idea, they are aware of a future development, Kings' Point, with approximately 9,000 voters. He continued that with that amount of voters, unless division of communities is permissible, it would be impossible to live up to the percentages in the Amendment. He said that precincts are created by political entities of the State, County, and City and Districts cannot be established to keep up with the developers; therefore the Committee has recommended to LQard,and the City Oo, oc 1__ hat then consider the possibility of requesting an Amendment t"he Charter, keeping the percentages .as they are and to end the statement tollowinL�__ the word "precinct". Chairman Robinson advised that by doing this, there will be nono problems in any future Redistricting Committee in reaching the percentage, which was the intent and purpose of the Amendment. Chairman Robinson advised that City Attorney Henning notified this Committee that he felt the Committee had violated, or were not acting in regard to the Amendment, by putting two of the buildings of Concord Village in a different District. Chairman Robinson said that a Special Meeting was held with the City Attorney on this subject, and the Committee still feels that the main purpose of the Amendment was to equalize the votes within each District and to do away with any imbalances; the Committee reaffirmed its Final Report at that meeting. Vice Mayor Stein stated that nobody thought that politics could stay out of anything done like this in the City. He continued that to big knovled*e no memh f,QUUQJ,,or the the redistricting effort. He added that after the Special Meeting to discuss the division of the community, the Vice Chairman of the Redistricting Committee met with him. The Vice_Mayor announced that Jane Carroll is considering moving Building 11 & 12 from 8J(1SJ) EL 'ji"TZ into 6J_and if that_ happens, there-will..be_no split i e sa t at be done after .the.Novemb_er.elections because those voters are already registered in their current precincts. he Vice Ma or advised that Jane Carrollas hkhe clerical ability to make changes up to�OQO.votersnwithout legislative actions; and these two buildings do not have that many voters, nor will it­i fect_any political entities. He added that this will not affect the numbers in the Final Report of the Redistricting Committee. Chairman Robinson corrected the Vice Mayor that the correct precinct is 18J. w w ft Redistricting Committee/ City Council/Charter Board September 7, 1984 Page 5 jjj�Le Mayor Stein adv� i,��that when this is done, the Clerk and the Redistricting Committee will be notified b _. , e �s been assured that this � _7ane_Carroll's Office. He continued that he has _ _ ibe done the da after the election in November. He thanked the Committee for a job well done,a non -political situation and proves that contrary to what most people think, when appointing members of the public on a non -partisan basis, no matter what their political feelings are, when brought together, they do the job. C/M Munitz agreed with the Vice Mayor's appreciation to the Committee and advised that without the change of the Precincts by_Jane Carlommittll's Office the Redistrictin Coe would have been contrary to the Amendment. y IIe asked if the Committee had any recommenda- tion to the Council regarding the ­Ctiaff"eT'"Amendment. Chairman Robinson advised that their recommendation had been submitted to the Council and Charter Board following the Special Meeting on August 16th. He continued that their recommendation was for consideration of changing the Amendment to put a period after the word "precinct" so that future Committees would not have to worry about neighborhoods, etc. C/M Munitz advised that he had not seen that memo. Chairman Robinson clarified that the Committee's recommendation is that the Amendment read: "The redistricting process shall commence within two (2) weeks after the committee for redistricting has been appointed. The redistricting committee shall estab- lish four (4) districts, each containing as close to one quarter of the total registered voters as possible in a contiguous region without dividing any precinct." C/M Munitz asked for clarification that the Committee recommended removing the fact that t1 community areas should be in the same District and Chairman Robinson confirmed that hey did. UM.Muni_tz_jtated that he is definitely opposed to that; he feels that the 1 harter Amendment can be fulfilled as it stands and to eliminate the continuity of the community area would be contrary to tie Xmen2ment and could present the possibility of two Council or Charter Board members being from the same District. He reiterated that the change of Precincts would alleviate the problem and thanked the Redistricting Committee for its report. He said that nobody thought it could be done, but they did it. Charter Board Chairman Moni Avidon stated that it was his understanding that the question to the voters on referendumto create this Committee included that the report of the Committee would be final. He thanked the Committee for its dedicated efforts and for a job well done. Charter Board Vice Chairman Alice Norian asked if changing the buildings in Concord Village to Precinct 6J would change the percentages in the Committee's report and Chairman Robinson advised that there are only about 100 voters in those two buildings, amounting to less than h of 1%. Ms. Norian asked why those Districts originally desi nated_,rd 4 "a, -a inrar- changed and said that this will change who can run in the even o d years. She said that she is contemplating this and questioned whether the than e_„Yla s• Chairman Robinson pointed out that there are parts of the old District 3 that are now in District 4 and parts of the old District 4 that are now in District 3. He continued that in their opening meeting, he made it very clear that no member of the Redistricting Committee was interes;,.ed where any incumbent lived. lie said that no consideration was given to any incumbency or when any certain person can run. He advised that a present incumbent on the Council whose term ends this year, has informed the Redistricting Chairman that even though this means that he cannot run for reelection, he is very happy with the` redistricting. . "4, M w so Redistricting Committee/ City Council/Charter Board September 7, 1984 Page 6 Chairman Robinson stated that the Committee operated without the factthat h tthey had a mandate to try to redistrict with an equal number of voters, upsetting said that the closest they could come was to take 100 voters out of one District and place them in another. He added that as far as where incumbent elected officials live, the Committee gave that no consideration whatsoever. Ms. Norian advised that her question was not based on criticism but on the solidity of the proper districts. She commended the Committee for its efforts. Redistricting Committee Vice Chairman Bernie Hart stated that the Referendum charged the Committee with establishing four districts, not maintaining districts. He added that there is no precinct or district within the City that has not been changed with this report, either subtracting or adding to meet the percentages. He continued that in establishing the numbers of the Districts, they run from the eastern limits of the CiV in a straight line to the western limits, rather than J,umping.back_and fprj" Vice Mayor Stein pointed out that District 4 is 80/ of what it was before; the only difference being a &witch of Sands Point and Lime Ba, and stated that there should be no implications in the renumbering. City Attorney Henning stated that it is obvious that the hard work of the Committee is appreciated. He advised that if the-.-Supervisor--of Elections rhsnges_the b0undaUu as discussed, the Committee should consider adding a footnote to their report, to the effect that it is the intent of this Committee that the precincts remain undivided and that the two buildings of Concord Village are to be transferred from District 4 to District 2 regardless of the descriptions and boundaries listed in the report. Chairman Robinson asked for the. Committee Members' feelings on this and all responded «aye. Charter Board Member Ben Lieber stated that insofar as a need for Amendment, he believes that any Court would agree that what the Committee has done in substantial compliance with the law and requirements of the Charter. He added that he would oppose any further change to the Amendment because he sees no need for it. Charter Board Member Jim Godin stated that there werS -Sao-Anuhxa-i32 his .hoax.wthat this was going to be one of the , . t_ 9M:Ltt�, in the City, and thanked the Committee for their effort. Charter Board Member Melanie Reynolds stated that she was interested in everyone being reconciled to violating the Charter. She added that the intent of the Amendment was that each District be as equal as possible and disagreed that District 3 has some of District 4, because District 3 always, including Sands Point, went across University. M� Reynolds referred to motions made in the Committee's June 28th meeting and advised that such motions were never rescinded or reconsidered. She added that the map on the board today is not the map decided upon on June 28th. Chairman Robinson stated that their minutes indicate that each Committee member was asked to submit a report for discussion and preliminary consideration. F,-nc)it_ws?uld _be of ter all. changes had be-e„n made-j which is the report prepared on July 16th. He continued that it was this report that was read today and the Committee had unanimously prepared this report. 00 N ft Redistricting Committee/ City Council/Charter Board September 7, 1984 Page 7 Ihnne stated that he has sent individual memos to the Committee Members and wishes to thank the Committee publicly for a terrific job. Resident Shirley Blumfield asked if the Charter said anything about not renumbering the Districts and Chairman Robinson said that it did not. Resident Vicki Beech thanked the Committee and complimented them for their communication in this venture. She especially thanked the Chairman for being a good conductor; she said that an orchestra is only as good as the conductor itself. Charter Board Chairman Moni Avidon asked if the memo from the City Clerk's Office dated July 18th represent the Committee's Final Report and Chairman Robinson confirmed that it did. C/M Munitz asked if the Committee accepted the City Attorney's recommendation with regard to the footnote and Chairman Robinson stated that he will address that. Redistricting Committee Member Ed Solomon stated that he understood that the Report was not final until it was delivered to this group. He asked the Chairman if he was aware .Qf,, the negotiations. with, Jane .!Car ' Chairman Robinson advised that he was told by a member of this committee tbpt that member understood that .the--yjjc-e_Za�j r meeting with Jane Carroll. Chairman Robinson told that member that he knew nothing about and did notj� pY_.flj47 the Vice Mayor had the right to do that without _.co.ntac�ti.sjie ittee Chairman. With regard to the Final Report, Chairman Robinson stated that the minutes of their last meeting and those of the Special Meeting, indicated that this was the Committee's Final Report; however that does not mean that the Committee is out of business. Ile added that the Committee can reconvene at any time until the end of their term. Redistricting Committee Member Roland Paradisi asked if the suggested change had been received in writing and the Chairman replied that it had not. C/M Munitz suggested that the -,Chairman, on behalf of the Committee,,, ..ontac 4grlg� „LLUce...in writing,, requesting exactly what the Vice Mayor and the Committee's Vice Chairman _—have been discussing with her office. Redistricting Committee Vice Chairman Hart explained that he was on vacation at the time of the Special Meeting and the next day he suggested to the Chairman that the simplest solution would be to move those two buildings to the other precinct. He stated that the Chairman 4dy,is.e that._th.e,--co=ittee',s—xgR= was lez&"nd there was no need to do that. Mr. Hart continued that several days later he mentioned the same suggestion to the Vice Mayor, the City Attorney and the City Clerk; and they all agreed. Mr. Hart said that the Vice a or offered to_call _Jane Carroll's office to see if it could be done. Mr. Hart added that it was a simple comment'forFa simp]e soutio�n a suggested that if and when Jane Carroll's Office was ready to do this, the Chairman should be one of those to discuss it. Mr. Hart expressed his belief that this could forestall any attempts by anybody to liciously disrupt the Amendment. A A « s Redistricting Committee/ City Council/Charter Board September 7, 1984 Page 8 Redistricting Committee Member Al Mallor asked if the Charter Board or the City Council were going to consider the Committee's suggestion for change to the Amendment. Chairman Robinson stated that this would be taken up at their individual meetings. Charter Board Member Ben Lieber stated that he would recommend acceptance of the report at their next meeting ad added that he does not believe there is any requirement for change. Redistricting Committee Chairman Robinson stated that if the action can be taken by Jane Carroll's Office as discussed, it would resolve the problems; and asked for a motion to append the Final Report with the statement that should it become possible and should the act be finalized to take Buildings 11 b 12 of Concord Village now in Precinct 18 and move them into Precinct 69 that the Committee would not be opposed to such action and would consider it as part of the Final Report. Mr. Part so MOVED and Mr. Simms SECONDED. Redistricting Committee Member George Baer asked as a point of information if a special meeting could be held to revise this report. Mr. Robinson advised that this is a Final Report and as such, it can be appended. C/M Munitz reminded the Chairman that the Final Report is due by September 28th. Mr. Godin suggested that the Committee is not dissolved until February 27th and any changes can be made up to that time. C/M Munitz disagreed and advised that that would not be legal because the Final Report is due by September 28th. Mr. Paradisi asked if it were within the purview of this Committee to request the ir.forma- tion from .?ane Carroll's Office or if it would be more proper from the Council or the Charte Board. Mr. Robinson advised that the Committee's Final Report is due by September 28th and Jane Carroll's Office cannot act on anything until after the November elections. Ile added that since the Committee is aware of the possibility of that change, they should annend the report to accept that act. Mr. Hart agreed. Mr. Avidon suggested that the Charter reads that the report of the committee shall be final and asked if it is legal to append it. Chairman Robinson stated that it is his understanding that the Report is still Finai with this appendix, and that neither the Council or Charter Board can change it. City Attorney Henning clarified that this is the Committee's latest report and if it is amended, that will be their latest report; it is not final until presented to the Clerk after this meeting. He advised that he believes it is the intent of the Charter Amendment that within 180 days the latest report will be submitted to the Clerk, and that report shall be final. He stated that he feels that the footnote would be a ro riate as stated and when the repor..t is submitted to the Clerk it 711 _e the Final Report. u Redistricting Committee/ City Council/Charter Board September 7, 1984 Page 9 Mr. Lieber asked the City Attorney if the Final Report requires approval of the Council and the Charter Board or is the report final as submitted. City Attorney Henning stated that neither body has the authority or provision to adopt this report; no further action is required by any other official. Mr. Robinson clarified the motion to add a footnote to the report and called for a vote. VOTE: ALL AYE Mr. Hart MOVED that the City Attorney be informed that the Committee has presented its Final Report as required by the City Charter and that he take necessary action to prepare the necessary ordinance to finalize this action. Mr. Pizzarello SECONDED. VOTE: ALL AYE Chairman Robinson adjourned the meeting at 11:35. v,;)L,,777 MARILYN B t HOLF"Cmc City Cler MB: cmt 1 Page 6 APPENDIX REDISTRICTING COMMITTEE - FINAL REPORT Pursuant to Section 6.03 of the Tamarac Charter, the Redistricting Committee is mandated to establish four (4) districts, each containing as close to one quarter of the total registered voters as possible in a contiguous region, without dividing any precinct, residential rental or condominium development or residential section. The Redistricting Committee has determined that their final report represents substantial compliance with the Charter. In order to remove any clouds which may exist, Jane Carroll, the Broward County Supervisor of Elections, hasindicated Eat o ice 7:r11 transfer Buildings 11 and 12 of Concord Village Condominium lying in the southwest corner of + West McNab Road and Lagos de Campo Boulevard from Voting Precinct 18J to Precinct 6J following the General Election on November 6,__1984 and,prior to the close of municipal candidate qualifying at noon on January 16, 1985. This transfer will result in all of Concord Village being located in District 2. Immediately following official notification by the Supervisor of Elections -that t s trans er as Men p ace, t e City Council and Charter Board District Maps will be changed to reflect such transfer. 1