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Agenda 08-10-21 Special MeetingCity of Boynton Beach Special Meeting Date: Tuesday, August 10, 2021 Time: 5:00 PM Place: GoToWebinar Online Meeting and City Hall Commission Chambers, 100 E. Ocean Avenue 1. Agenda Items A. Call to Order - Mayor Steven B. Grant Roll Call I nvocation Pledge of Allegiance to the Flag led by Commissioner Penserga Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption B. Informational items by the Members of the City Commission. 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.) 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.) D. Approve request for Attorney - Client session to discuss pending litigation regarding the following case: 2. Adjourn CITY OF BOYNTON BEACH, a Florida municipal corporation, Plaintiff, vs. JKM BTS CAPITAL, LLC., Defendant — Palm Beach County Circuit Court Case Number: 50-2020CA012780-XXXX-MB Notice Notice if a person decides to appeal any decision made by the city commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and for such purpose, he/she may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The city shall furnish appropriate auxiliary aids and services where necessary to Page 1 of 18 afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the city. Please contact the City Clerk's office, (561) 742-6060 or (TTY) 1-800-955-8771, at least 48 hours prior to the program or activity in order for the city to reasonably accommodate your request. Additional agenda items may be added subsequent to the publication of the agenda on the city's web site. Information regarding items added to the agenda after it is published on the city's web site can be obtained from the Office of the City Clerk. Page 2 of 18 1.C. Agenda Items 8/10/2021 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.) 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.) EXPLANATION OF REQUEST: The Palm Beach County Supervisor of Elections has provided the attached letter, requesting that all municipalities consider certain changes in municipal charters and ordinances to ensure the efficient and cost-effective administration of future elections. These changes include: 1. Amending candidate qualifying dates to end no later than Friday, December 3, 2021; 2. Reconsider holding runoff elections; 3. Remove any Charter provisions requiring specific polling locations or specifying that polling locations be within city or town limits; 4. Consider designating the PBC Supervisor of Elections as the official Supervisor of elections, thereby becoming the single canvassing board for all municipal elections. The City Clerk would still be the City's qualifying officer for candidates. Following the recommendations above, City staff recommends the following at this time: • Amend the City's candidate qualifying dates to be a two-week period starting at Noon on the second Tuesday in November to Noon on the fourth Tuesday in November each year. For the March 8, 2022 election, the qualifying period would be from Noon on November 9, 2021 until Noon on Tuesday, November 23, 2021. • Designate the PBC Supervisor of Elections as the City's canvassing board for municipal elections. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Amending the qualifying period so that it ends on or before the 95th day before Election Day would accommodate statutory vote -by -mail requirements and allow the PBC Supervisory of Elections to provide administrative services for our elections. Designating the PBC Supervisor of Elections as the City's canvassing board for municipal elections would remove redundancy of officials attending to the same election activities such as the pre-election testing of tabulation equipment, opening, tabulation, duplication, and the canvassing of ballots. FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 3 of 18 CLIMATE ACTION APPLICATION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D 0irdinaince Ordnance a~ it qualifyiing dates for ele(..,,floins D Resok.itiont�he SOE as Canva,,..siing Board D 1 efter, SOE Chaiii FRecor-nirn (,Nrulatioins lRegaiii . Qualffy�ng 1...)ates and ("airmassing 1.3oard D Aittactiiii Charter Section 40 Electon QUalkfyiiii Dates D Aittadl-niii (.....a ws" of Florida Special Act D Ailtacl-iiii l::l.... Statute 100.3605 ire Coiriduct of Municipal Electloins Page 4 of 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDINANCE 21 - 024 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING QUALIFYING DATES FOR GENERAL MUNICIPAL ELECTIONS; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Section 40 of the City Charter sets the dates for qualifying for municipal elections from and including noon on the second Tuesday in January to and no later than noon on the second Tuesday in February, of the year in which the election is held; and WHEREAS, in order to accommodate the statutory vote -by -mail requirements, the Palm Beach County Supervisor of Elections ("SOE") has "strongly recommended" that the City amend its qualifying period to ensure that it ends no later than Friday, December 3, 2021, ninety-five (95) days before Election Day. A copy of the SOE's request is attached hereto as Exhibit "A" and incorporated herein; and WHEREAS, the SOE has further advised that it may not be able to accommodate the elections of those municipalities that do not change their qualifying dates, as requested; and WHEREAS, Section 100.3605(2)', F.S., authorizes the City Commission, by ordinance, to amend the qualifying dates set forth in the City Charter; and WHEREAS, in response to the SOE's request, the City Commission seeks to change the qualifying dates for the City's general elections to begin Noon on the second Tuesday in November to Noon on the fourth Tuesday in November each year; and 1 100.3605. Conduct of municipal elections (1) The Florida Election Code, chapters 97-106, shall govern the conduct of a municipality's election in the absence of an applicable special act, charter, or ordinance provision. No charter or ordinance provision shall be adopted which conflicts with or exempts a municipality from any provision in the Florida Election Code that expressly applies to municipalities.(2) The governing body of a municipality may, by ordinance, change the dates for qualifying and for the election of members of the governing body of the municipality and provide for the orderly transition of office resulting from such date changes. {00457216.1 306-90018211 Page 5 of 18 Ord. 21-024 Page 2 of 3 27 WHEREAS, the City Commission finds that changing the qualifying dates of the City's 28 general municipal elections, as requested by the SOE, is in the best interests of the citizens and 29 residents of the City. 30 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 31 OF WESTLAKE, FLORIDA, THAT: 32 Section 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as 33 being true and correct, and are hereby incorporated herein and made a part hereof. 34 Section 2: In accordance with Section 100.3605(2), F.S., and at the request of the Palm 35 Beach County Supervisor of Elections, the qualifying dates for the City's general elections are 36 hereby established as beginning Noon on the second Tuesday in November to Noon on the fourth 37 Tuesday in November each year. 38 Section 3: Conflicts. All ordinances and parts of the City Charter or City ordinances 39 which conflict with this ordinance are hereby superseded. 40 Section 4: Severability: Should the provisions of this Ordinance be declared to be 41 severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be 42 held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining 43 sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being 44 the legislative intent that this Ordinance shall remain notwithstanding the invalidity of any part. 45 Section 5: Effective Date: This Ordinance shall be effective upon adoption on second 46 reading. 47 Section 6. This Ordinance shall not be codified. 48 FIRST READING this 3rd day of August, 2021. 49 100457216.1306-90018211 S:\CA\Ordinances\Ordinance Amending Election Qualifying Dates (00457216xc4b6a).Docx Page 6 of 18 Ord. 21-024 Page 3 of 3 50 SECOND, FINAL READING AND PASSAGE this 17th day of August, 2021. 51 52 CITY OF BOYNTON BEACH, FLORIDA 53 54 55 Mayor — Steven B. Grant 56 Vice Mayor — Woodrow L. Hay 57 Commissioner — Justin Katz 58 Commissioner — Christina L. Romelus 59 Commissioner — Ty Penserga 61 62 63 64 65 66 67 68 69 70 71 VOTE ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) 100457216.1306-90018211 S:\CA\Ordinances\Ordinance Amending Election Qualifying Dates (00457216xc4b6a).Docx YES NO Page 7 of 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 RESOLUTION NO. R21-088 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA DESIGNATING THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS AS CANVASSING BOARD FOR MUNICIPAL ELECTIONS; PROVIDING FOR CONFLICT, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the Palm Beach County Supervisor of Elections requires that the City Commission designate, by Resolution, a Canvassing Board for the City Municipal Elections, and WHEREAS, Designating the Palm Beach County Supervisor of Elections as the City's canvassing board for municipal elections would remove redundancy of officials attending to the same election activities such as the pre-election testing of tabulation equipment, opening, tabulation, duplication, and the canvassing of ballots; and WHEREAS, the City Commission has determined that the responsibility to "canvass the returns" is a ministerial and non -legislative function that can be delegated by the City Commission and that the Palm Beach County Supervisor of Elections is designated as the City's canvassing board for municipal elections. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct, and are hereby incorporated herein and made a part hereof. Section 2. The City Commission hereby designates the Palm Beach County Supervisor of Elections as the City's canvassing board for municipal elections. The Palm Beach County Canvassing Board will handle the canvassing of ballots for the general municipal election and for runoff elections, if necessary. S:\CA\RESO\SOE As Canvassing Board - Reso.Docx 1 Page 8 of 18 28 Section 3. If any clause, section, or other part or application of this Resolution shall 29 be held by any court of competent jurisdiction to be unconstitutional or invalid, such 30 unconstitutional or invalid part or application shall be considered as eliminated and so not affecting 31 the validity of the remaining portions or applications remaining in full force and effect. 32 Section 4. The City shall indemnify and hold harmless the members of the canvassing 33 board in the event either or both are the subject of litigation arising from their duties as canvassing 34 board members. 35 Section 5. This Resolution shall become effective on passage. 36 PASSED AND ADOPTED this 3rd day of August, 2021. 37 CITY OF BOYNTON BEACH, FLORIDA 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 ATTEST: 53 54 55 Crystal Gibson, MMC 56 City Clerk 57 58 (Corporate Seal) Mayor — Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Ty Penserga 2 S:\CA\RESO\SOE As Canvassing Board - Reso.Docx VOTE YES NO Page 9 of 18 Dear Municipal Clerks, Commissions, and Councils, Congratulations to those of you who participated in a successful 2021 election cycle! The recent March Elections demonstrated the municipalities' commitment to democracy and to the voters of Palm Beach County. VVuwere honored towork with you. The Palm Beach County Supervisor ofElections office (SOE) is committed tofacilitating secure, transparent, and accurate elections. Tothat end, due to updates in Florida Law in recent years, we have determined that certain changes in municipal charters and ordinances are necessary to ensure the efficient and cost-effective administration of future elections. Qualifying Dates Toaccommodate statutory vote-6v'nnai|requirements, the S]Estrongly recommends that each municipality who has not already done so amend its qualifying period so that its qualifying period ends on or before the 95mday before Election Day. For example, qualifying for the March 8, 2022 election would end nolater than Friday, December 3,2O21, allowing the SOE staff to program the necessary elections, create and proofread the ballot language, submit ballot templates to participating municipalities for approval, print vote -by -mail ballots, and prepare those ballots for mailing, VVemail the military and overseas ballots 45 days before the election. Failure to amend the qualifying period may result in the inability of the SOE to accommodate the elections of those municipalities. Our system does not allow us to "close" or move forward one city at a time, so any delay by one municipality results in our inability to move forward with the others. Runoff Elections While many municipalities no longer hold runoff elections, several still maintain provisions requiring a majority vote to win an election. Many municipalities have mentioned to us that the runoff elections are detrimental to their budgets because often the municipality has not budgeted for that expense. With so few holding runoff elections, the municipality does not benefit from the same degree of cost sharing as a Uniform Municipal Election that is held simultaneously with other municipalities. The county does not fund the municipal elections. Please understand that we are happy to hold runoff elections, but are cognizant of the cost burden it places on municipalities. If you determine that you no longer wish to have runoff elections, please revise your charters orordinances accordingly. 240 South Military Trait, West Palm Beach, FL33415|Post Office Box ��West Palm Beach, FL 33416 Page 10 of 18 Polling Locations It has come to our attention that some charters include provisions requiring specific polling locations or specifying that polling locations be within city or town limits. While this may not present an issue for stand- alone elections, when municipalities wish to participate in uniform orcountywide elections, this becomes logistically problematic and expensive, if not impossible. The SOE urges municipalities to remove any provisions to this effect, as it will be impossible to guarantee specific polling locations in future elections ifthe municipality is joining a countywide election. Single Canvassing Boardfor Uniform Municipal Elections The final question presented for consideration by the municipalities is the designation of the Palm Beach County Supervisor of Elections as the official Supervisor of each Uniform Municipal Election, such that one single Canvassing Board may be empowered to canvass all of the municipal elections held simultaneously on a given day. The municipal clerks would still be qualifying officers for their municipality's candidates. This is an optional service, and each municipality can make its own determination as to whether they want to designate the Palm Beach County Supervisor of Elections as the official Supervisor of their election. As required under the Florida election laws, atleast one (1) member ofthe Canvassing Board isrequired tube present during activities such as the pre-election testing of tabulation equipment (the Logic and Accuracy test), opening, tabulation, duplication, and the canvassing ofballots. A municipality may choose to maintain its own Canvassing Board; however, if they choose to do so, the Supervisor of Elections may elect not to serve as aCanvassing Board member for that municipality. In some municipalities, an election may be required in order to make these changes. The Secretary of State has called for a Special Primary Election on November 2, 2021, for the U.S. House of Representatives District 2Oseat. While this district may not include amunicipality that would berequired 1nhave anelection, vvewill be happy to accommodate a municipality that wishes to do so. (if the municipality is within Congressional District 20, it would also result in a cost savings to that municipality.) Please let the Supervisor of Elections know by July 15, 2021, whether your municipality plans to participate in the November 2, 2021 election. We will not be able to hold an election outside of this date. 240 South Military Trail, West Palm Beach. FL 33415|Post Office Box 22309, West Palm Beach, FL 33416 Telephone: 56l,656620V|Fax Number: 561.6566387 Page 11 of 18 Again, congratulations on a successful election season. The Palm Beach County Supervisor of Elections looks forward to many future elections in partnership with our local governments. Sincerely, b Wendy Sartory Link Supervisor of Elections Palm Beach County 240 South Military Trait, West Pa[rn Beach, FL 33415 1 Post Office Box 22309, West Patm Beach, FL 33416 Tetephone: 561.656.62001 Fax Number: 561.656,6287 Page 12 of 18 Sec. 40. Call by Mayor, publication of proclamation; qualification of candidates, filing by candidates with City Clerk; notification of Supervisor of Elections. All general and special elections, unless otherwise provided in this Act, shall be called by resolution adopted by the City Commission, and in conformance with applicable state law, and published in a newspaper of general circulation in the City of Boynton Beach, Florida, once a week for two (2) consecutive weeks, and such election that may be held upon such notice. Candidates for City Commission shall file such papers and pay such fees as may be required by law with the City Clerk no sooner than noon on the first Tuesday of January, nor later than noon on the second Tuesday in January, of the year in which the election is to be held except for those years in which the first Tuesday in January is January 1, and in those years any resident of the City who wishes to become a candidate for a Commission member seat shall qualify with the City Clerk no sooner than noon on the second Tuesday of January, nor later than noon on the third Tuesday in January in those years in which the election is to be held. The City Clerk shall transmit the names of all candidates for City Commission to the Supervisor of Elections by 5:00 p.m. on the first Friday after the close of qualifying. (Laws of Fla. 1947, Ch. 24398, § 131; Ord. No. 80-41, § 3, 10-21-80; Ord. No. 80-46, § 2, 10-31-80; Ord. No. 83-51, § 2, 12-20-83; Ord. No. 01-25, § 7, 7- 3-01; Ord. No. 02-043, § 5, 8-20-02, election of 11-5-02; Ord. No. 02-046, § 2, 8-20-02; Ord. No. 08-005, § 2, 4-1-08; Ord. No. 12- 023, § 2, 1-15-13, election of 3-12-13; Ord. No. 17-035, § 3, 12-19-17) Page 13 of 18 Sec. 10-31. - Intent. It is the intent of this act [division] to provide for uniform filing and election dates for all municipal elections to elect municipal officers in Palm Beach County. It is not the intent of this act [division] to determine the length of terms of municipal offices. (Laws of Fla., Ch. 83-478, § 1) Sec. 10-32. - Time for filing. Candidates for any municipal office in Palm Beach County shall file such papers and pay such fees as may be required by law with the applicable municipal clerk no earlier than noon on the last Tuesday in January nor later than noon on the second Tuesday in February of the calendar year in which the election is to be held. The names of all candidates and the offices for which they have filed shall be received by the supervisor of elections from the municipal clerks by 5:00 p.m. on the first Friday after the close of qualifying. (Laws of Fla., Ch. 83-478, § 2) See. 10-33. - Date of election. Any election relating to a municipal office, other than runoff elections held pursuant to section 4 ,� ] of this act or special elections, shall be held on the second Tuesday in March of the calendar year. (Laws of Fla., Ch. 83-478, § 3) Sec. 10-34. - Date of runoff election. Any municipality which by charter or local ordinance requires that a runoff election be held in the event no candidate receives a majority of the votes for an office shall hold such election on the fourth Tuesday in March of the calendar year. (Laws of Fla., Ch. 83-478, § 4) Sec. 10-35. - Date for taking office. Municipal officers elected pursuant to this act [division] shall take office no later than the last day in March of the year in which they are elected, with the specific day to be decided by local ordinance. (Laws of Fla., Ch. 83-478, § 5) Sec.10-36. - Initial elections under act. Initially, any municipal officer whose term of office expires subsequent to July 1 in any calendar year shall stand for reelection in March of the following calendar year and shall continue in office until the election of his successor. Initially, any municipal officer whose term of office expires prior Page 14 of 18 =,* m 0 r WSJ I W., lcm E M, 0 MIMT�j �-,= I - �1* I I 11 1,]i� 0 a 0 1 ['�131!1111111101' 5,111 1 1 Mm�i "W ml, Page 15 of 18 Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 1 Select Year: 2020 u GO.......� The 202o Florida Statutes Title IX Chapter 100 View Entire ELECTORS AND GENERAL, PRIMARY, SPECIAL, BOND, AND Chapter ELECTIONS REFERENDUM ELECTIONS 100.3605 Conduct of municipal elections.— (1) The Florida Election Code, chapters 97-106, shall govern the conduct of a municipality's election in the absence of an applicable special act, charter, or ordinance provision. No charter or ordinance provision shall be adopted which conflicts with or exempts a municipality from any provision in the Florida Election Code that expressly applies to municipalities. (2) The governing body of a municipality may, by ordinance, change the dates for qualifying and for the election of members of the governing body of the municipality and provide for the orderly transition of office resulting from such date changes. History.—s. 2, ch. 95-178. Copyright © 1995-2021 The Florida Legislature • Privacy Statement • Contact Us Page 16 of 18 http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100-01... 7/12/2021 1.D. Agenda Items 8/10/2021 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM REQUESTED ACTION BY COMMISSION: Approve request for Attorney - Client session to discuss pending litigation regarding the following case: CITY OF BOYNTON BEACH, a Florida municipal corporation, Plaintiff, vs. JKM BTS CAPITAL, LLC., Defendant — Palm Beach County Circuit Court Case Number: 50- 2020 CA012780-XXXX- M B EXPLANATION OF REQUEST: In attendance will be the City Attorney James Cherof, Assistant City Attorney Gal Betesh, Special Litigation Counsel Thomas Baird and Joanne O'Connor, City Manager Lori LaVerriere, a Court Reporter, the Mayor and City Commission. We will need approximately 90 minutes. The time and date of this private attorney-client session is requested to be held on the August 17, 2021 City Commission meeting. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? n/a FISCAL IMPACT: The Cost of a Court Reporter. ALTERNATIVES: n/a STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION APPLICATION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Menio Meirrnoirainduimirequcstin(. closed docir session Page 17 of 18 CITY OF BOYNTON BEACH City Attorney's Office MEMORANDUM TO: Honorable Mayor and City Commission Lori LaVerriere, City Manager FROM: James A. Cherof, City Attorney DATE: August 3, 2021 RE: Request for Private Attorney -Client Session Pursuant to Section 286.011(8), Florida Statutes, I am requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: CITY OF BOYNTON BEACH, a Florida municipal corporation, Plaintiff, vs. JKM BTS CAPITAL, LLC., Defendant — Palm Beach County Circuit Court Case Number: 50-2020CA012780-XXXX-MB In attendance will be the City Attorney James Cherof, Assistant City Attorney Gal Betesh, Special Litigation Counsel Thomas Baird and Joanne O'Connor, City Manager Lori LaVerriere, a Court Reporter, the Mayor and City Commission. We will need approximately 90 minutes. The time and date of this private attorney-client session is requested to be held on the August 17, 2021 City Commission meeting. C:AProgram Files (X86)\Neevia.Com\DocconverterproATeinp\NVDC\679D8CC3-B9CD-4E32-BB35-28B9E3A866C6\Boynton Beach.27752.1.Request_For Ex_Session _-_(JKM)_(080321).Docx Page 18 of 18