Minutes 08-10-21 Special Meeting Minutes of the Special City Commission Meeting
Held Online via the GoToWebinar Platform
And In-person at the City Hall Commission Chambers
100 East Ocean Avenue, Boynton Beach, Florida
On Tuesday, August 10, 2021, at 5:00 p.m.
Present:
Steven B. Grant, Mayor Lori LaVerriere, City Manager
Woodrow L. Hay, Vice Mayor James Cherof, City Attorney
Justin Katz, Commissioner Crystal Gibson, City Clerk
Christina Romelus, Commissioner
Ty Penserga, Commissioner
1. Agenda Items
A. Call to Order- Mayor Steven B. Grant
Mayor Grant called the Special City Commission Meeting to order at 5:00 p.m.
Roll Call
City Clerk Gibson called the roll. A quorum was present.
Invocation
Mayor Grant gave the invocation.
Pledge of Allegiance to the Flag led by Commissioner Penserga
Commissioner Penserga led the Pledge of Allegiance to the Flag.
Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
Motion
Vice Mayor Hay moved to approve the agenda. Commissioner Katz seconded the
motion. The motion passed unanimously.
Special Meeting Minutes
City Commission
Boynton Beach, Florida August 10, 2021
B. Informational items by the Members of the City Commission.
There were no disclosures made by any of the Commission members.
Mayor Grant requested a motion to remove items C and D from the Table.
Motion
Commissioner Romelus so moved. Commissioner Penserga seconded the motion.
The motion passed unanimously.
C. Proposed Ordinance No. 21-024 - First Reading. Amending the City's
candidate qualifying dates to be from Noon on the second Tuesday in November
to Noon on the fourth Tuesday in November. (Tabled from the July 20, 2021
City Commission Meeting.)
City Attorney Cherof read Ordinance No. 21-024 by title only on First Reading.
Motion
Commissioner Romelus moved to approve. Vice Mayor Hay seconded the motion.
Commissioner Penserga noted he was a candidate and asked if he had to recuse
himself. City Attorney Cherof responded he did not No one from the public wished to
speak on this item.
Vote
City Clerk Gibson called the roll. The motion passed 5-0
Proposed Resolution No. R21-088 - Designating the PBC Supervisor of Elections
as the City's canvassing board for municipal elections. (Tabled from the July 20,
2021 City Commission Meeting.)
Mayor Grant read proposed Resolution No. 21-088. Commissioner Romelus asked if
this Resolution was temporary. City Attorney Cherof responded it is both. The
Commission could revisit it at any time as it is in Resolution format. It designates the
Palm Beach County Supervisor of Elections as the Canvassing Board. The Canvassing
Board has been designated by Resolution in the past and members serving as the
Canvassing Board have been the Supervisor of Elections, the City Clerk and City
Attorney. City Clerk Gibson explained the recommendation is to have the County
Supervisor of Elections serve as the Canvassing Board because it has been a
duplication of duties and this makes for a smoother election. In addition to ensuring the
logic and accuracy of the election equipment, the Canvassing Board ensures the
2
Special Meeting Minutes
City Commission
Boynton Beach, Florida August 10, 2021
equipment works well and the ballots make sense. If there are confusing ballots, issues
or inconsistencies, the Board compares signatures and checks other issues to ensure
the vote is valid. The City Clerk is still the qualifying officer. Candidates have to see the
City Clerk and she accepts their reports. Mayor Grant asked if the polling locations
would not be held in schools. City Clerk Gibson responded they would not be held in
schools if that is the will of the Commission. There is an additional cost to move polling
locations, but the City can move them, as long as notice is provided to the Supervisor of
Elections at least 90-days to notify the residents and issue new voter registration cards.
Mayor Grant commented it would be safer for the teachers and students during the day
if there are alternate locations. The City does not have to decide today. Commissioner
Romelus also noted they must be mindful of COVID. If they can make that change, she
would support it. She said the City cannot require masks for polling locations and the
COVID virus and other communicable diseases is a good reason not to use schools.
City Clerk Gibson explained that she will bring a proclamation of the voting locations to
the City Commission for approval.
Motion
Vice Mayor Hay moved to approve. Commissioner Penserga seconded the motion. The
motion passed unanimously.
D. Approve request for Attorney - Client session to discuss pending litigation regarding
the following case:
CITY OF BOYNTON BEACH, a Florida municipal corporation, Plaintiff, vs.
JKMBTS CAPITAL, LLC., Defendant— Palm Beach County Circuit Court
Case Number: 50-2020CA012780-XXXX-MB
City Attorney Cherof, explained the request is per F.S. 286.011 subsection 8. He
requested the session for the above case. It is a declaratory judgement action.
Present will be City Attorney Cherof, Assistant City Attorney Gal Betesh, Special
Litigation Counsel Tom Baird and Joanne O'Connor, City Manager Lori
LaVerriere, the City Commission, and a court reporter. The request was for 90
minutes requesting a session before the August 17th City Commission meeting at
4 p.m. The Commission will convene in public, and then recess for the special
session. There was consensus to meet.
2. Adjourn
John McNally, ITS Director, read a statement on how the public could access the video
and audio of the meeting. Mayor Grant closed the meeting at 5:10 p.m.
(Continued on next page)
3
Special Meeting Minutes
City Commission
Boynton Beach, Florida August 10, 2021
ATTEST:
.41-4jp,,—
Cryal Gibson, MMC
City Clerk
4