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Minutes 03-15-01 (2) M'rNUTES OF THE SPEC~L CTTy COMMISS'rON MEETTNG HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLOR/DA ON THURSDAY, MARCH 1S, 2001 AT 5:00 P.M. PRESENT Gerald Broening, Mayor Ronald Weiland, Vice Mayor Bduce Black, Commissioner M!ke Ferguson, Commissioner Charlie Fisher, Commissioner Kurt Bressner, City Manager .lames Cherof, City Attorney Sue Kruse, City Clerk OPENTNG M~yor Broening called the meeting to order at 5:02 p.m. for the purpose of certifying the election results of!'the General Election that was held on Tuesday, March 13, 200:L Attorney Cherof advised that under ordinary circumstances, the Commission would be required to accept th~ election results that had been certified by the Supervisor of Elections. However, City Clerk Sue Kruse reqeived a protest flied by Shirley Jaskiewicz on March 15, 2001 of the election returns. (A copy of the prgtast is attached to the original set of these minutes on file in the City Clerk's Office.) The protest reads as follows: "I am seeking verification of legal residency of voters. I also request a list of all add-ons on the voter's registration list. On the basis of these concerns that were brought to my attention I would like a recount after the verification process is complete. Tf you have a list of add-ons for entire City, T would want one." A~orney Cherof advised that when there is a protest of elections, a canvassing board (generally, the CoUnty Canvassing Board) has the power to examine the ballots and have a recount with a certain nu~nber of precincts (three to start) and to go beyond that. The only reference in the City Code to canvassing is in Section 144 of the Charter that provides that "at such meeting, the City Council shall canvass the returns and in the absence of a declaration of a contest by any of the candidates to such an election, shall declare the results of the election as shown by the returns made by the Clerk and Tn~pectors of the election." There is no reference to a Canvassing Board or to the appointment of a board. There has never been a Canvassing Board in any formal fashion in this City. Tf the term "canvass th~ returns" constitutes the Commission as the Canvassing Board, the Commission would have the pourers under State law to deny any protest. This would then clear the way for any individual candidate wh~o wishes to challenge the election to proceed to court, Attorney Cherof recommended that the City Commission assume the role of Canvassing Board and e~x~rcise its discretion to deny the protest, canvass the results and accept them as submitted by the Supervisor of Elections. Vic~ Mayor Weiland inquired about the number of days allowed for filing a protest, Attorney Cherof exlllained that the contest procedure is set forth in Florida Statute :~02.168. Tt allows 10 days after midnight on the date that the last Canvassing Board is empowered to do the results. MEETTNG MZNUTES SPECZAL CTTY COMMTSSZON BOYNTON BEACH~ FLOR/DA MARCH 15~, 2001 Vice Mayor Weiland questioned who would be responsible for the cost of a recount. Attorney Cheref advised that the requesting party would be responsible for filing in court. What the court decides to do with it is an issue dependent on the City. Attorney Cherof said he is not aware of any obligation of the City to have to pay additional costs associated with the contest. Mayor Broening asked Attorney Cherof to confirm who the canvassing clerk would be. Attorney Cherof explained that Theresa LePore would ordinarily perform that function if there were County issues on the ba!lot. Since this was a municipal election, there was no establishment of a canvassing board to certify the election. For that reason, Attorney Cherof recommended that the City CommisSion assume that it is th~ Canvassing Board. That allows the Commission to have absolute discretion to either accept or deny M~..]askiewicz' protest. C.o~nmissioner Fisher asked Attorney Cherof if the City Commission would be allowed to include people WhO ran in the election to be members of the Canvassing Board. Attorney Cherof advised that the Charter states that the City Council (Commission) canvasses the results. There is no Canvassing Board defined in the Charter to answer that question. The action of the Commission in this regard would inilude all members of the Commission. Ma~yor Broening explained that a judge would have to make a determination if the challenging candidate wi~hes to take this issue that far. Tn addition, Attorney Cherof pointed out that the challenge is only in th~ District TI! seat Co~missioner Fisher confirmed that since there were no procedures in place, by denying the protest, the Cotnmission would allow Ms..]asldewicz due diligence. MOtion Co~missioner Black moved to deny the protest. Commissioner Fisher seconded the motion. Commissioner Ferguson questioned whether or not it would be necessary for the Commissioners to apl~oint themselves as the Canvassing Board. Attorney Cherof advised that it was not necessary to do that since there is no such requirement in the Code or Charter. Co~missioner Fisher reiterated that by denying this request for a protest, this would clear the way for a judge to make the decision on this issue. Th~ motion carried unanimously. Mation Commissioner Black moved to accept the certified results of the election of March 13th, Commissioner Fer~luson seconded the motion that carried unanimously. Attbrney Cherof advised that absent a petition being filed in Circuit Court to contest the election, the City Corpmission would proceed as usual with swearing in at the Regular City Commission meeting on Tuesday evening. In ~'esponse to City Manager Bressner, Attorney Cherof advised that if another protest were submitted betWeen now and the deadline, the Canvassing Board would meet again to either accept or reject the protest. 2 MEETZNG MTNUTES SPECZAL CTTy COMMTSSTON BOYNTON BEACH, FLORZDA MARCH 15, 2001 AD3OURNMENT There being no further business to come before the Commission, the meeting properly adjourned at 5:14 p.m. A~EST: (, ~ ~puty City Clerk "~ ne Tape) ClTY OF BOYNTON BEACH nmmissioner 3 PALM BEACH COUNTY, FLORIDA ,,,'~ ~ /?F ,20 ~ / I l l,'- heret)y ~. protest t~e ca.ass of Such Returns by the ~ ~ //J~ Canva~ing ~, ~ request that ~lld Returns be i~vestigatecl, examined, ct'rocked, and corrected by said C~a~ing Board. The beei~ for tllis Pro. st is ~ follo~: Urlcler 'es · / ~ ~ panalt] of pequry, I swear (or affirm) that I have read the foregoing and that .- facta alleged are true, to the best of my knowledge and belief. REVISED: 01/'2000 (Signature of pe~rg'pro~,~ng EleetJ~'~etuma) (Da~ Telephone Nmlll~r} Palm County THERESA LePORE CiTY OF Bu, ,=, OJ BEACH CITY ~' r~'~''' """ 301 N. 0LIV~ AVENUE, ROOM 105 VVEST PALM BEACH, FL 33401-47@5 TELEPHONE: (561) 35~E~650 FAX NUMBER: (561) 355-4OO~ VVI=BBI I b: www. pbcelections.org March 14,2001 Ms: Sue Kruse, City Clerk B~ynton Beach City Hall P JO. Box 310 BCynton Beach, FL 33425 D~ar Sue: El~closed, is a certified copy of the results of the City of Boynton Beach Municipal Election held on March 13, 2001. ~ou have any questions, please do not hesitate to call. Sincerely, T~ eresa LePore Su ~ervisor of Elections TAL:chn Enclosure CANVASS lO:03pmpAr 13 2001 UNIFORM MUNICIPAL ELECTIONs PALM BEACH COUNTY, FLORIOA NARBH 13, 2001 Precfnct 132A~ 132Ci 132D i 0141! 141A! 141Bi 0145i 01461 0147i 147A i 14~B I 1470 ! 0149 0153 153A 133B 133C 0155 155A 155B 155B 0156 156A 156B 156C 1550 0157 157A 1578 0158 0160 0161 161A AO03 AO04 AO05 S C 34 100.00~ 3 100.00% 34,243 100.00~ 6,3~0 18.60~ 3,352 53.5~ 2,903 46.41% CITY OF B0¥NTON BEACH Precincts Counted Absentee Precincts Counted Registered Voters BaLlots Cast PAYOR AT LARGE Jerry Broening Jerry Tay[or Reg Bits ~Trn A. ~A. B. 1794 213 11,87 1~8 78.87 43 20.19 2523 129 5.11 97 ~.19 32 24.81 1464 140 9.56 89 ~.57 50 35.71 1~3 ~2 33.90 2~ 61.04 154 33.33 3~ 38 10.05 ~ 60.53 14 1~6 ~2 17.46 16 ~,~ 6 ~3 205 24.32 159 ~.56 1494 192 12.85 119 61.98 ~ 33.33 1054 142 13.47 85 59.~ 55 38.~ 135 8 5.e3 3 3?.50 5 62.50 120 26 21.67 24 92.31 2 159 29 18.24 19 65.52 10 34.~ ~07 101 3~.90 45 44.55 55 54.~ 1635 619 ~7.~ ~80 45.23 ~28 1~2 3~ 19.6~ 1~ 49.60 1~ 48.28 1~0 1~7 ~.70 108 ~.~ 29 21.1~ 1~1 1~ 10.91 101 56.42 ~ I 1.3~ 1 100.00 0 0.00 1305 317 24.29 120 37.85 1~ 61.20 13~ 6~ 28.~ 249 61.~ 153 37.87 2009 1~ 9.11 109 59.56 71 38.80 135 40 29.63 27 67.50 12 30,00 8~ 118 1~.3~ 76 ~.~1 41 3~.~ ~ 139 15.76 ~ 53.96 61 ~3.~ ~7 11 3.~ 2 18.18 8 ~.~ 89 6 6.74 3 50.00 3 50.00 327 ~ 26.30 50 58.1~ 3~ 39.53 19~ 143 7.19 71 49.65 ~ 50.35 8~0 243 29.~ ~1~ ~.07 ~9 11.93 1508 98 6.50 71 ~.~5 ~6 26.53 536 144 26.87 ~ 53.47 65 45.16 1870 9~ 5~.67 15~ 15.43 ~ 81.6E 1205 2~ 20.41 1~5 58.96 100 ~0.65 ~7 61 25.74 ~ ~.13 17 27.87 0 29 ---.-- 17 58.62 12 41.38 0 50 ---.-- 25 50.00 22 ~.00 0 45 ---.-- 18 40.00 26 rATE OF FLORIDA 3UNTY OF PALM BEACH I, THERESA LePORE, SUPERVISOR OF ELECTIONS, HEREBY CERTIFY THAT THIS Iq A TRUE AND CORRECT COPY OF THE RECORDS ON FILE IN THIS OFFICE. ~I/ITNESS MY HAND AND SEAL, THIS 14a DAY OF MARCH , 20 01 . THERESA LePORE ~ SUPERVISOR OF ELECTIONS PALM BEACH COUNTY, FLORIDA Page 9 CARVASS lO:03pm Nar 13 2001 Precinct Reg Bits 1470 307 0155 1305 155A 13~ 0156 823 156A 882 1568 287 156C 89 0158 536 0160 1870 0161 1205 161A 257 AO04 0 UNIFORM HUNIC[PAL ELECTIONS PALH BEACH COUNTY, FLORIDA HAROR 13, 8001 BOYNTON BEACH - DISTRICT #1 Precincts Counted A~entee Precincts Co~ted Registered Voters 8atLots Cast C%TY CONN%SS]ONER - OZST I Bob Ens[er RonaLd E. Wei[and %Trn A. P.A. B. ~. 101 32.90 24 23.76 74 73.27 317 24.29 35 11.04 278 87.70 404 28.88 115 28.47 28~ ?0.30 118 14.34 19 16,10 97 82.20 139 15.76 25 17.~ 110 ~.14 11 3.83 6 54.55 5 45.45 6 6.?4 1 16.67 3 50.00 144 26.87 38 26.39 104 7~.22 985 52.6? 920 93.40 54 5.48 246 20.41 4? 19.11 196 ~.67 61 25.74 8 13.11 53 86.89 50 ---.-- 20 40.00 29 58.00 11 I00.00~ · I 100.00~ 8,940 100.00~ 2,582 28.88~ 1,258 49.43% 1,287 50.57% Page 10 STATE OF FLORIDA COUNTY OF PALM BEACH I,ITHERESA LePORE, SUPERVISOR OF ELECTIONS, HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE RECORDS ON FILE IN THIS OFFICE. *-- WITNESS MY HAND AND SEAL, THIS __ 14~ DAY OF MARCH ,20 01. THERESA LePORE SUPERVISOR OF ELECTIONS PALM BEACH COUNTY, FLORIDA BOYNTON BEACH - DISTRICT CITY CO~4MISSIONER - DIST III A. Muir C. "Mike" Ferguson B. ShirLey daskiewicz Precinct Reg SLts ~Trn A. %A. B. ~. 0141 1363 141A 378 0147 1054 147A 135 0149 1635 0153 1932 155B 200~ 155C 135 1560 327 AOO5 0 462 33.90 361 78.14 88 19.05 38 10.05 Z2 57.89 16 42.11 142 13.47 81 57.04 56 39.44 8 5,93 6 75.00 2 25.00 619 37.86 156 25.20 453 7'3.18 379 19.62 136 35.88 ?.35 62.01 183 9.11 95 51.91 8/, 45.90 40 29.63 32 80.00 8 20.00 86 26.30 80 93.02 3 3.49 45 ---.-- 18 40.00 26 57.78 9 100.00~ 1 100.00~ 8,968 100.00% 2,002 22.32~ 987 50.41~ 971 49.59'4 Page 11 STATE OF FLORIDA COUNTY OF PALM BEACH !, THERESA LePORE, SUPERVISOR OF ELECTIONS, HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE RECORDS ON FILE IN THIS OFFICE. WITNESS MY HAND AND SEAL, THIS 14~ DAY OF MARCH ,20 01 THERESA LePORE SUPERVISOR OF ELECTIONS PALM BEACH COUNTY, FLORIDA