First Reading Completed on Three Charter Questions

April 21, 2018

The Council had a relatively brief and lightly attended Special Meeting on Thursday April 19 to review the proposed language for the August 28th ballot. City Clerk Snider read all of the required ordinance language for Ordinances 7-9, displayed the ballot language and then the Council proceeded to discuss the 3 questions individually.

April 19th

Ordinance 7, 2018 passed 4:1 with Council Member Lane objecting. He restated his position that 2 4-year terms would be better. Council Member Marciano appreciated the position however 3 3-year terms is what was going on the ballot. The question reads:

CITY OF PALM BEACH GARDENS REFERENDUM QUESTION NO. 1

SHALL THE PALM BEACH GARDENS CHARTER BE AMENDED TO
CHANGE FROM THE EXISTING TERM LIMIT WHICH PROHIBITS A
COUNCIL MEMBER FROM BEING ELECTED TO MORE THAN TWO
CONSECUTIVE FULL TERMS TO A TERM LIMIT THAT PROHIBITS A
COUNCIL MEMBER FROM SERVING FOR MORE THAN THREE
CONSECUTIVE FULL TERMS AND MAKING THE CHANGE APPLY TO ALL
SITTING COUNCIL MEMBERS?

SHALL THE ABOVE DESCRIBED QUESTION NO. 1 BE ADOPTED?

Ordinance 8, 2018 – the repeal and replace of the base charter, passed 5:0. Council Member Lane asked for a few changes in the wording of the Ordinance to ensure that the items already passed in the March 13, 2018 election were preserved. City Attorney Lohman agreed to make the changes. The language is considerably different than that voided in March (formerly Question 1) and specifies a list of modifications present in the new charter. Exhibit A also clearly shows what former wording, new wording, removed and new reorganization of the sections will be so that the voter can understand the modifications. Left in the charter are the requirement for charter reviews, as well as the requirement to annually review the City Manager. Scroll down to page 9 of this link to the beginning of exhibit A. The question reads:

CITY OF PALM BEACH GARDENS REFERENDUM QUESTION NO. 2

SHALL THE CITY CHARTER BE AMENDED TO REMOVE
PROVISIONS THAT ARE OUTDATED, UNNECESSARY OR CONFLICT
WITH STATE LAW INCLUDING MUNICIPALITY, CITY CLERK, AND
CITY TREASURER SPECIFIC POWERS/DUTIES; OATH OF OFFICE;
MERIT SYSTEM; PROCEDURE REMOVING COUNCILMEN,
QUALIFICATION OF ELECTORS, COUNCIL MEETING AND
PROCEDURE, AND OTHER PROVISIONS; REVISE COUNCILMANAGER
RELATIONSHIP; CHANGE FILLING OF VACANCIES;
LIMIT INITIATIVE/REFERENDUM; DEFINE “FULL TERM”; REMOVE
COUNCIL CONFIRMATION OF EMPLOYEES AND OTHER CHANGES;
AS PROVIDED IN EXHIBIT A, ORDINANCE 8?

SHALL THE ABOVE DESCRIBED QUESTION NO. 2 BE ADOPTED?

Ordinance 9, 2018 – City Manager Residence also passed 5:0 after some discussion. Resident David Parks made public comment praising the Council and City Attorney Lohman for getting it right, thanking City Manager Ferris for a well run city, thanking City Clerk Snider for accomodating his numerous records requests, and thanking City Council Member Litt for assisting on 5 year charter reviews staying in the Charter. The question reads:

CITY OF PALM BEACH GARDENS REFERENDUM QUESTION NO. 3

SHALL THE PALM BEACH GARDENS CHARTER BE AMENDED TO
REMOVE THE REQUIREMENT THAT THE CITY MANAGER BE A
RESIDENT WITHIN ONE YEAR OF APPOINTMENT AND INSTEAD
PROVIDE THAT ANY RESIDENCY REQUIREMENT FOR THE CITY
MANAGER BE DETERMINED BY THE CITY COUNCIL IN THE CITY
MANAGER’S EMPLOYMENT CONTRACT?

SHALL THE ABOVE DESCRIBED QUESTION NO. 3 BE ADOPTED?

All 3 ordinances will be on the agenda for 2nd reading and final vote on the May 3rd City Council Meeting.