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Minutes 07-01-03MINUTES OF THE SPECIAL CITY COMMZSSXON MEETING HELD IN COMMISSION CHAMBERS~ BOYNTON BEACH~ FLOR~DA~ ON TUESDAY~ JULY 1~ 2003 AT S:00 P.M. Present Mike Ferguson, Vice Mayor Mack McCray, Commissioner Carl McKoy, Commissioner Ron Weiland, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk Absent Gerald Broening, Mayor Vice Mayor Ferguson called the meeting to order at 5:02 p.m. He explained that Mayor Broening was out of town and could not be in attendance. He also noted the presence of Theresa LePore, Supervisor of Elections. The only item on the agenda is the discussion of the bond referendum options. Vice Mayor Ferguson explained that there are three alternatives: · A mail ballot in October - estimated cost of $91,600 · A conventional special election in October - estimated cost of $48,600 · Placing the bond referendum on the regular ballot on November 4th cost of $15,000 over and above the cost of the regular election - estimated He thought that the only reason for having the election in October was because of the library construction schedule, which must start by December 15th in order to secure the State grant of $500,000. Theresa LePore, Palm Beach County Supervisor of Elections, had distributed a handout with the timetable for a mail ballot election and the approximate costs. A copy of this is on file in the Office of the City Clerk. A mail ballot election would cost a little over $61,000. The difference between this and the $91,000 projected by the City would be the cost of the return postage. When City staff began calling her regarding a mail ballot, she explained that she needed a minimum of 120 days. She would like to be able to do it sooner; however, the Department of State must approve the plan for every mail ballot. She has no control over this. For a precinct election, she would need 90 days and the cost would be just under $55,000, which may be slightly high. Meeting Minutes Special City Commission Meeting Re: Bond Referendum Options Boynton Eeach, Florida 3~lly 1, 2003 If the mail ballot election were to be held October 28th, the Supervisor of Elections would need the certified ordinance with ballot wording by tomorrow at 5:00 p.m. She said that the law is very specific regarding the time flame for the mailing of ballots. They cannot be mailed before the 20th day preceding the scheduled Election Day. The ballots would be due back by 7:00 p.m. on Election Day. City Manager Bressner explained that based on the schedule provided today by Ms. LePore, the election date would be October 28th so we would not be buying much time at all. He personally did not think it was worth doing. He had additional information relative to the Library. He spoke to the architect this week and he can have the construction documents ready to go out for bid in late September or early October. City Manager Bressner explained that we would put a notation on the bids for the project to say that the Commission would reserve the right to authorize the award of the construction subject to the results of the referendum. This means we could receive returned bids in late October. Then, the Commission, as part of certifying the election results, could award the bid and meet the December deadline. He said that the Commission could either have a special referendum in October or November. He would have to stand down from his earlier recommendation for a mail ballot because of the overall cost and the timeline laid out by Ms. LePore. Ms. LePore noted that if the Commission makes a decision today to have a precinct election, the earliest date would be September 30th. She said that if she were a taxpayer in Boynton Beach, she would not want the Commission to do this. Alice Otis, 203 SW 13th Street, felt that because of the turnaround time, it would not be worth it to have a special election. David Kal=, 67 Midwood Lane, urged the Commission to have the referendum on the regular ballot in November in order to save money. He said that a previous Commission had moved the City's elections to November to save money and to have a greater turnout. He felt that it should be kept that way. .~ames t4iriana, 728 NE 8th Avenue, said that he was at the Commission meeting when it was decided to hold regular elections in November to save money. He would object to having a special election and spending more money. Dee Zibelli, 440 Ocean Parkway, noted that she was speaking as a private citizen and not as a member of any board. She did not understand why this meeting today was not very well advertised. She felt that the referendum issue was a very important issue. Everyone says it would only be another $11 a year on someone's taxes. However, there are people in the City that are depending on their dividends and are not getting the money that normally comes in. 2 Meeting Minutes Special City Commission Meeting Re: Bond Referendum Options Bovnton Beach, Florida .]ulv 1, 2003 She is against the mail ballot because many citizens are up North or on vacation. There is also the possibility of fraud as in Chicago. She was in favor of the referendum being on the regular ballot at the November election. Ms. Zibelli stated that she has lived in Boynton Beach for 43 years and said that there have been so many problems with the Wilson Pool. Whenever the pool was fixed up, it was ruined and had to be redone. She felt that a good place for a pool would be near the school and the City could work with the School Board. She felt that there were many people who do not utilize the Wilson Pool because they are afraid to go into that neighborhood. ]:n the late 1980s the City did a bond issue in part to build the Hester Center. That was to be for the people at the north end of the City. ]:t is utilized by many people in the City and she could not understand the need for the Wilson Center when we have the Hester Center. Commissioner McCray clarified that the Wilson Center would not be on the referendum. The projects on the referendum are the Wilson Pool, the Art Center, the Library Expansion, and the Senior Center Phase II:. Shirley .laskiewicz, 1917 SW 13th Avenue, read in the paper that the July Ist Commission meeting was cancelled but it said nothing about this special meeting. She felt that the bond issue was of vital importance and there should have been more notice. She wondered why the City was not getting grants for these projects other than the Library. The Senior Center is a regional center and the City should be getting support from the State. She felt that just because facilities were old did not mean they should be torn down. They could be renovated. She felt that the Wilson Pool was a neighborhood pool and hoped the Commission would consider a pool at the Tennis Center where the entire community could use it. She felt that there were too many projects on the referendum. If someone does not like one thing, they will vote against the entire referendum. City Manager Bressner explained that the reason for the meeting today was a result of the preliminary schedule that Ms. LePore had provided for a mail referendum. If the Commission opted for a mail referendum, they would have had to make a decision today or tomorrow relative to that. The Commission has had four discussions regarding, capital projects and the most recent was the last City Commission meeting on .lune 17u' when the resolution was adopted setting the priorities. That was preceded by several workshops with the community. So there has been considerable amount of discussion Meeting Minutes Special City Commission Meeting Re: Bond Referendum Options Bovnton Beach, Florida .]ulv 1, 2003 regarding what the projects would be and how they would be arranged as far as being referendum or non-referendum projects. Commissioner McCray had a concern that if the mail referendum was used, the mail might get thrown in the trash. City Manager Bressner has explained that if we add the referendum to the November election, we would still have time with the Library. He felt that we would be saving the taxpayers money by putting everything on the November ballot and he was in favor of this. He felt that this would give candidates running for election a platform. Vice Mayor Ferguson felt that the original idea behind the mail ballot was to increase the voter turnout. However, this would only save a week and would cost $61,000. He asked whether the Commission was in favor of the mail ballot. There was no response. He then asked whether anyone was in favor of a special election in October. Again, there was no response. Motion Commissioner McCray moved to go with the November election. Commissioner Weiland seconded the motion. Ms. LePore noted that if the Commission added the referendum question regularly scheduled November election, the only additional cost would be translation charges, which are minimal. to the for the Vote The motion for the November election was 4 to O. Vice Mayor Ferguson suggested that in addition to putting this bond issue on the ballot, it might be a good idea at the same time to offer an amendment to the Charter raising Commissioners' salaries from $4,200 to $8,400 a year and raising the Mayor's salary from $4,200 to $12,600. City Attorney Cherof informed the Commission that this item was not on the agenda and, therefore, should not be discussed. Commissioner Weiland suggested that this item be placed on the agenda for the upcoming meeting when the Mayor would be present. City Attorney Cherof requested that the Commission formalize their intent regarding the election by directing staff to draft a resolution. He read the title for a resolution that stated, "A resolution of the City of Boynton Beach calling for an in precinct election to seek referendum approval for the issuance of general obligation bonds, secured by ad 4 Meeting Minutes Special City Commission Meeting Re: Bond Referendum Options Bovnton Beach, Florida .lulv 1, 2003 valorem tax revenue; providing ballot language; providing the election shall be held November 4, 2003; directing the City Clerk to provide a certified copy of this resolution to the Supervisor of Elections; authorizing the City administration to do all things necessary to effectuate the intent of this resolution; and providing an effective date." Motion Commissioner McCray moved to approve the resolution as read. seconded the motion that carried unanimously. Commissioner McKoy Commissioner Weiland asked whether the Commission could direct staff to do a campaign, making in-house signs for employees to post throughout the City, to raise awareness of the bond issue. City Manager Bressner responded that City staff could provide information regarding the issues but could not endorse voting either yes or no. He said that information could be provided in utility bills. The Commission thanked Ms. LePore for attending the meeting. There being no further business, the meeting properly adjourned at 5:33 p.m. C~'Y 0 OYNT E , f DepuW ~iW Clerk Commissioner (7/2/03) 5 BOYNTON BEACH CITY CO~$SION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name. /~ (( C-~--~ . ~~ Telephone # ~ ~{-- ~-~ -z/ Af~enda # Summary of Matter to be Addressed - {One topic per card) Ifa person decides to appeal any decision made by the City Conunisalon with respect to any matter considered at thin meeting, he/she will need a record of the proceedinlo and, for such purpose, b/she my need to ensure that a verba~m record of the proceedings is mdc, which record includes the tse*t-~ny and evidence upon which the appeal is to be brad. (F.S. 286.010S) The City shall famish approprtato auzillary aids and services where necessary to afford an individual with a disability an equal opportunity to pattlCtl~to in and enjoy the benefits or a service, l~O~un, or activity conducted by the City. Plem contact Joyce Coeteilo, (S61) 742-6013 at least twenty, four hem prior to the prolram or activity in order for the city to reasonably accommodate your reqne.t. See reverse side for important message BOYNTON BEACH CITY COMMY$SION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Mee~ng. ,~ Name ~ ~.lr,~ . ~/ Telephone # Summary of Matter to~e Addressed Af~enda # - (One topic per card) Ifa person decides to appeal any decision made by the City Comndseton with respect to any mt.er considered at thin meeting, he/she will need a record of the procsedinfs and, for such purpose, he/she my need to ensure ~hst a verbatim record of the proceedin~s is mdc, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.010S) The City shell lellZljah approprtato al~lLJar~ aids and servtce~ where necessary to afford an individual, with a disability an equal opportunity to participate in and enjoy the benefits of a service, pro,rem, or activity conducted by the City. Please contact Joyce Coetello. (561! 743-6013 at lefmt twenty-four hem1 prior to tho l~ogram or activity in order for the city to reuonably accommodate BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and Eive to the City Clerk prior to the start of the City Commission Meeti~ng. Name ~-~/~/~ ~j ~ ~/1~ ' Address Telephone Summary of Matter to be Addressed - (One topic per card} 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 proceedinfs and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings 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 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 Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS ?ill in the information called for below and give to the City Clerk'prior to the start of the City ~ommission Telephone Summary of Matter to be Addressed - (One topic per card) If a person dech ~o appeal any decision made by ~ City ~n with respect to any marcor considered at ',his meeting, he/she will need a record of tho proceediniB and, ~or such purpose, he/abe may need to ensure that a verb,*~,~ record of the proceedings is made, which record incindco the tse~mnny and evidence upon which tho appeal is ~o be based. (F.8. 286.0105) The City shall finnish appropriate auailialT aids and Servic~ where necessary to afford an individual with a dlnbility an equal opportunity to participate in and eltJoy the benefits of a Service, pro.lin, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty.four horn prior to the program or activity in order for the city to reuonably accommodate vou~ request. See reverse side for imvortant messaee BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information c=lled for below and give to the City Clerk prior to the start of the City ~ommission Meeting. telephone # ~ ~ ~ - ~/J ~ Agenda # ~ummary of Matter to be Addressed - {One topic per card} f a person decides Co appeal any decision made by the City Commtmton with respect to any reactor considered at thin meeting, he/she ~dl need a record of the proccodlnp and, br such purpose, b/she my need to ensure that a verbatim record of the p~oceedin~s is nade, which record includco the ~se~,~,,uy and evidence upon which the appeal b CO be based. (F.8. 286.010S) the City shall hrnioh appropriaco auxiliary aids and services where necessary to afford an individual with a disability an equal )pport~mt~ to parttcipa~o in and ooJoy fils boneflin of a service, ~ or activity conduccod by the City. Please contact Joyce ~oecollo, (561) 742-6013 at leut t~renty-four hours prior CO fJM pro, ram or activity in order for the city to reasonably accommodate ,our request. See reverse side for important message Palm Beach County THERESA LePORE Supervisor of Elections 240 SOUTH MILITARY TRAIL VVEST PALM BEACH, FL 33415 POST OFFICE BOX 22309 VVEST F~ALM BEACH, FL 33416 TELEPHONE: (561) 656-62~ FAX NUMBER: (561) 656-6287 VVEBSITE: www. pboelections, org TIMETABLE FOR "MAIL" BALLOT ELECTION 120 DAYS NOTICE - ELECTION DATE: 10128/2003 TARGET DATE DAYS TASK PRIOR 07/02/2003 @ 5:00 PM 118 Certified Ordinance/Resolution calling for Special Election - MUST state date of .Election, type of Election (mail or precinct), ballot wording - submitted to SOE 07/07/2003 113 SOE approves/disapproves Mail Ballot Election; if approves, confirms Election date is okay 07/30/2003 90 Notice of Election mailed to overseas & military voters 07/30/2003 90 SOE submits PLAN for Mail Ballot Election to Division of Elections for approval 07/30/2003 90 SOE contacts County Canvassing Board; sets schedule 09/22/2003 66 Deadline for translation of ballot language 09/28/2003 60 Deadline for City Clerk to approve ballot layout 09/03/2003 55 Deadline for SOE to submit ballot layout to printer 09/12/2003 46 Deadline to mail overseas & military voters their Ballot 09/29/2003 29 Voter Registration Books close 10/08/2003 20 Deliver Mail Ballots to Post Office 10/17/2003 11 Deadline to place Mail Ballots in mail 10/20/2003 8 L & A Test/Public Test 10/28/2003 0 ELECTION DAY - 7:00 P.M. DEADLINE FOR RETURN OF BALLOTS 10/31/2003 -3 SOE to issue CERTIFICATION of Election THE ABOVE TIMETABLE IS APPROXlMATE AND WILL BE SET UP IN MORF DETAIL WHEN ELECTION IS CALLED. Palm Beach County THERESA LePORE Supervisor of Elections 240 SOUTH MILITARY TRAIL VVEST PALM BEAI~H, FL 33415 POST OFFIOE BOX 22309 VVEST PALM BEACH, FL 33416 TELEPHONE: (561) 656-6200 FAX NUMBER: (561) 656-6287 VVEBSlTE: www. pbcelections, org ROUGH ESTIMATES FOR BOYNTON BEACH "MAIL" BALLOT ELECTION PREPARED: 0710112003 QUANTITY DESCRIPTION COST PER UNIT TOTAL COST 38,000 OPTICAL BALLOTS .40 15,200.00 38,000 OUTGOING POSTAGE .60 22,800.00 38,000 ENVELOPE PACKAGE: .30 11,400.00 (OUTGOING ENVELOPE, RETURN ENVELOPE, SECRECY ENVELOPE) 38,000 NOTICE OF ELECTION COST APPROX. 250.00 POSTCARD 38,000 POSTAGE FOR NOTICE OF .21 7,980.00 ELECTION POSTCARD MISC. LEGAL ADS: COST APPROX. 2,000.00 *NOTICE OF L&A TEST *CANVASSING BD MTG *SAMPLE BALLOT *NOTICE OF ELECTION X 2 *OTHERS AS REQUIRED 1 BALLOT SET-UP CHARGE COST APPROX. 200.00 1 TRANSLATIONS SERVICES/ COST APPROX. 1,000.00 WRITTEN & AUDIO 1 COURT REPORTER FOR COST APPROX. 350.00 MTGS. $61,180.00' * NOTE: COST IS APPROXIMATE Palm Beach County THERESA LePORE Supervisor of Eleotions 240 SOUTH MILITARY TRAIL VVEST PALM BEACH, FL 3341 5 POST OFFICE B0X 22309 VVEST PALM BEACH, FL 33416 TELEPHONE: (561) 656-6200 FAX NUMBER: (561) 656-6287 VVEBSITE: www. pbcelections, org ROUGH ESTIMATES FOR BOYNTON BEACH "IN PRECINCT" BALLOT ELECTION PREPARED: 07/01/2003 QUANTITY DESCRIPTION COST PER UNIT TOTAL COST 7,600 OPTICAL BALLOTS .40 3,040.00 (20% OF 38,000 REGISTERED VOTERS) 7,600 OUTGOING POSTAGE .60 4,560.00 7,600 ENVELOPE PACKAGE: .30 2,280.00 (OUTGOING ENVELOPE, RETURN ENVELOPE, SECRECY ENVELOPE) MISC. LEGAL ADS: COST APPROX. 2,000.00 *NOTICE OF L&A TEST *CANVASSING BD MTG *SAMPLE BALLOT *NOTICE OF ELECTION X 2 *OTHERS AS REQUIRED 1 BALLOT SET-UP CHARGE COST APPROX. 200.00 1 TRANSLATIONS SERVICES/ COST APPROX. 1,000.00 WRITTEN & AUDIO 1 COURT REPORTER FOR COST APPROX. 350.00 MTGS. 35 POLL WORKERS BREAKOUT PER 40,075.00 PRECINCTS PRECINCT IS ATTACHED 35 DELIVERY OF VOTING 39.00/PRECINCT 1,365.00 PRECINCTS EQUIPMENT $54,870.00* * NOTE: COST IS APPROXIMATE Palm Beach County THERESA LePORE Supervisor of Elections 240 SOUTH MILITARY TRAIL VVEST PALM BEACH, FL 33415 POST OFFICE BOX 22309 VVEST PALM BEACH, FL 33416 TELEPHONE: (561) 656-62(~ FAX NUMBER: (561) 656-6287 VVEBSlTE: vwwv. pbcelections.org ROUGH ESTIMATES FOR BOYNTON BEACH "IN PRECINCT" BALLOT ELECTION PREPARED: 07101 ~2003 POLL WORKER BREAKOUT PER PRECINCT (AVERAGE) POSITION BASE TRAINING TOTAL PRECINCT CLERK 140.00 50.00 190.00 (6 HOURS) PRECINCT ADVISOR 140.00 50.00 190.00 (6 HOURS) ASSISTANT PRECINCT CLERK 115.00 50.00 165.00 (USED IN PRECINCTS WITH MORE (6 HOURS) THAN 1,500 REG. VOTERS) PRECINCT INSPECTOR 105.00 25.00 130.00 (3 HOURS) NOTE: EACH PRECINCT MUST HAVE AT LEAST THE FOLLOWING: PRECINCT CLERK 1 190.00 PRECINCT ADVISOR 1 190.00 ASSISTANT PRECINCT CLERK 1 165.00 (PRECINCTS W/MORE THAN 1,500 REGISTERED VOTERS) PRECINCT INSPECTOR 3 390.00 THERESA LePORE Supervisor of Elections 240 SOUTH MILITARY TRAIL VVEST PALM BEACH, FL 33415 POST OFFICE BOX 22309 VVEST PALM BEACH, FL 33416 TELEPHONE: (561) 656-6200 FAX NUMBER: (561) 656-6287 VVEBSlTE: w~v. pbceleotions, org ROUGH ESTIMATES FOR BOYNTON BEACH "IN PRECINCT" BALLOT ELECTION PREPARED: 0710112003 POLLWORKER SCHEDULE - BOYNTON BEACH SPECIAL ELECTION PRECINCT REG. CLERK ADVISOR ASST INSPECTOR TOTAL VOTERS ($190) ($190) CLERK ($130) ($165) 3098 1,178 1 1 0 6 1,160 3100 1,368 1 1 0 6 1,160 3102 472 1 1 0 4 900 3122 1,906 1 1 1 7 1,455 3126 1,196 1 1 0 6 1,160 3128 2,031 1 1 I 8 1,585 3130 474 1 1 0 4 900 3140 855 1 1 0 5 1,030 3148 1,270 1 1 0 6 1,160 3150 217 1 1 0 4 900 3152 869 1 1 0 5 1,030 3154 1,633 1 1 1 7 1,455 3160 2,361 1 1 1 8 1,585 3162 1,483 I 1 0 6 1,160 3164 1,343 1 1 0 6 1,160 3168 3 1 1 0 3 770 3170 550 1 1 0 5 1,030 3172 881 1 1 0 5 1,030 4006 1,869 1 1 1 7 1,455 4030 971 1 1 0 5 1,030 4034 1,559 1 1 1 7 1,455 4040 685 I 1 0 5 1,030 4190 19 1 1 0 3 770 7114 628 1 1 0 5 1,030 7116 1,782 1 1 1 7 1,455 Beach County THERESA LePORE Supervisor of Elections 240 SOUTH MILITARY TRAIL VVEST PALM BEACH, FL 33415 POST OFFICE BOX 22309 VVEST PALM BEACH, FL 33416 TELEPHONE: (561) 656-62C~ FAX NUMBER: (561) 656-6287 VVEBSlTE: wvwv. pbcelectJons, org ROUGH ESTIMATES FOR BOYNTON BEACH "IN PRECINCT" BALLOT ELECTION PREPARED: 07/01/2003 POLLWORKER SCHEDULE - BOYNTON BEACH SPECIAL ELECTION PRECINCT REG. CLERK ADVISOR ASST INSPECTOR TOTAL VOTERS ($190) ($190) CLERK ($130) ($165) 7120 2,273 1 1 1 8 1,585 7122 8 1 1 0 3 770 7124 1,534 1 1 1 7 1,455 7126 5 1 1 0 3 770 7128 2,009 1 1 1 7 1,455 7130 8 1 1 0 3 770 7132 1,122 1 1 1 7 1,455 7134 424 1 1 0 5 1,030 7136 89 1 1 0 4 900 7138 845 1 1 0 5 1,030 SUMMARY 35,920 35 35 11 192 $40,075* * NOTE: COSTIS APPROXIMATE CHAPTER 83-498 House Bill No. 742 An act relating to Palm Beach County; providing for legislative intent; providing uniform filing dates and uniform election dates for municipal elections; providing for terms of office; providing for correspondence of terms of municipal office to the common dates provided in this act; providing that the general law for absentee ballots shall apply to all absentee ballots in municipal elections; providing for exemptions; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. It is the intent of this act 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 to determine the length of terms of municipal offices. Section 2. 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 p.m. on the first Fdday after the close of qualifying. Section 3. Any election relating to a municipal office, other than run-off 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. Section 4. Any municipality which by charter or local ordinance requires that a run-off election be held in the event no candidate receives a majodty of the votes for an office shall hold such election on the 4th Tuesday in March of the calendar year. Section 5. Municipal officers elected pursuant to this act shall take office no later than the lat day in March of the year in which they are elected, with the specific day to be decided by local ordinance. Section 6. 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 pdor to and including July 1 in any calendar year shall stand for reelection in March of that calendar year. The provisions of this section shall apply only to the first election for each office to be held under the provisions of the act. Thereafter, the terms of all municipal offices shall correspond to the dates provided pursuant to this act. Section 7. The general law in regard to absentee ballots shall apply to all absentee ballots for municipal elections, except that the words "municipal clerk" shall be substituted whenever the word "supervisor" appears in those sections concerning absentee ballots. However, the supervisor of elections may handle absentee ballots for any municipality which so requests. Section 8. The provisions of this act shall supercede any municipal charter provisions; however, the governing body of any municipality may exempt itself from the provisions of subsections (1) through (7) of this section by adopting an ordinance declaring its exemption. Also the governing body of any municipality may, by ordinance and without referendum, amend its municipal charter to conform to the provisions of this act. Section 9. This act shall take effect January 2, 1984. Became a law without the Governor's approval. Filed in Office Secretary of State June 14, 1983. The 2002 Florida Statutes Title IX Chaoter 100 View Entirq ELECTORS AND GENERAL, PRIMARY, SPECIAL, BOND, AND Chaot~r ELECTIONS REFERENDUM ELECTIONS 100.151 Special elections called by local governing bodies, notice.--County commissioners or the governing authority of a municipality shall not call any special election until notice is given to the supervisor of elections and his or her consent obtained as to a date when the registration books can be available. History.--s. 4, ch. 26870, 1951; s. 2, ch. 65-60; s. 16, ch. 89-338; s. 547, ch. 95-147. Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright ©2000-2003 State of Florida. Contact us. Privacy Statement The 2002 Florida Statutes TitlQ IX ELECTORS AND ELECTIONS Chapter 101 VOTING METHODS AND PROCEDURE View Entire Chapter 101.6101 Short title.--Sections 101.6101-101.6107 may be cited as the "Mail Ballot Election Act." History.--s. 1, ch. 87-364. Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright ©2000-2003 State of Florida. Contact us. Privacy Statement The 2002 Florida Statutes Title IX Chaoter 101 ELECTORS AND ELECTIONS VOTING METHODS AND PROCEDURE 101.6102 Mail ballot elections; limitations.-- View Entire Chapter (1)(a) An election may be conducted by mail ballot if: 1. The election is a referendum election at which all or a portion of the qualified electors of one of the following subdivisions of government are the only electors eligible to vote: a. Counties; b. Cities; c. School districts covering no more than one county; or d. Special districts; 2. The governing body responsible for calling the election and the supervisor of elections responsible for the conduct of the election authorize the use of mail ballots for the election; and 3. The Secretary of State approves a written plan for the conduct of the election, which shall include a written timetable for the conduct of the election, submitted by the supervisor of elections. (b) In addition, an annexation referendum which includes only qualified electors of one county may also be voted on by mail ballot election. (2) The following elections may not be conducted by mail ballot: (a) An election at which any candidate is nominated, elected, retained, or recalled; or (b) An election held on the same date as another election, other than a mail ballot election, in which the qualified electors of that political subdivision are eligible to cast ballots. (3) The supervisor of elections shall be responsible for the conduct of any election held under ss. 101.6101-101.6107. (4) The costs of a mail ballot election shall be borne by the jurisdiction initiating the calling of the election, unless otherwise provided by law. (5) Nothing in this section shall be construed to prohibit the use of a mail ballot election in a municipal annexation referendum requiring separate vote of the registered electors of the annexing municipality and of the area proposed to be annexed. If a mail ballot election is authorized for a municipal annexation referendum, the provisions of ss. 101.6101-101.6107 shall control over any conflicting provisions of s. 171.0413. History.--s. 1, ch. 87-364; s. 1, ch. 89-52; s. 27, ch. 89-338; s. 18, ch. 90-315. Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright ©2000-2003 State of Florida. Contact us. Privacy Statement The 2002 Florida Statutes Title IX ELECTORS AND ELECTIONS VOTING METHODS AND PROCEDURE View Entire ChaPter 101.6103 Mail ballot election procedure.-- (1) Except as otherwise provided in subsection (6), the supervisor of elections shall mail all official ballots with a secrecy envelope, a return mailing envelope, and instructions sufficient to describe the voting process to each elector entitled to vote in the election not sooner than the 20th day before the election and not later than the 10th day before the date of the election. All such ballots shall be mailed by first-class mail. Ballots shall be addressed to each elector at the address appearing in the registration records and placed in an envelope which is prominently marked "Do Not Forward." (2) Upon receipt of the ballot the elector shall mark the ballot, place it in the secrecy envelope, sign the return mailing envelope supplied with the ballot, and comply with the instructions provided with the ballot. The elector shall mail, deliver, or have delivered the marked ballot so that it reaches the supervisor of elections no later than 7 p.m. on the day of the election. The ballot must be returned in the return mailing envelope. (3) The return mailing envelope shall contain a statement in substantially the following form: VOTER'S CERTIFICATE I, (Print Name), do solemnly swear (or affirm) that I am a qualified voter in this election and that I have not and will not vote more than one ballot in this election. ! understand that failure to sign this certificate and give my residence address will invalidate my ballot. (SiQnature~ (Residence Address) (4) If the ballot is destroyed, spoiled, lost, or not received by the elector, the elector may obtain a replacement ballot from the supervisor of elections as provided in this subsection. An elector seeking a replacement ballot shall sign a sworn statement that the ballot was destroyed, spoiled, lost, or not received and present such statement to the supervisor of elections prior to 7 p.m. on the day of the election. The supervisor of elections shall keep a record of each replacement ballot provided under this subsection. (5) A ballot shall be counted only if: (a) It is returned in the return mailing envelope; 101.6103 Mail ballot election procedure.--(cont,) (b) The elector's signature has been verified as provided in this subsection; and (c) It is received by the supervisor of elections not later than 7 p.m. on the day of the election. The supervisor of elections shall verify the signature of each elector on the return mailing envelope with the signature on the elector's registration records. Such verification may commence at any time prior to the canvass of votes. The supervisor of elections shall safely keep the ballot unopened in his or her office until the county canvassing board canvasses the vote. If the supervisor of elections determines that an elector to whom a replacement ballot has been issued under subsection (4) has voted more than once, the canvassing board shall determine which ballot, if any, is to be counted. (6) With respect to absent electors overseas entitled to vote in the election, the supervisor of elections shall mail an official ballot with a secrecy envelope, a return mailing envelope, and instructions sufficient to describe the voting process to each such elector on a date sufficient to allow such elector time to vote in the election and to have his or her marked ballot reach the supervisor by 7 p.m. on the day of the election. History.--s. 1, ch. 87-364; s. 585, ch. 95-147. Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright ©2000-2003 State of Florida. Contact us. Privac~ Statement Tlae Cihj oi ]~otjnion Bea~ City Clerk'~ Ofl'ic~ 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (NSl)7'~--6060 e-mail: pra/nitoj~)c/~tjnton-~ach~.us www.boynton-beach.org NOTICE OF A SPECIAL CITY COMMISSION MEETING TUESDAY, JULY 1, 2003 AT 5:00 P.M. COMMISSION CHAMBERS In accordance with Section 22 of the City Charter of the City of Boynton Beach, you are hereby notified of a Special City Commission Meeflm3 on Tuesday, July 1, 2003 at 5:00 p.m. in Commission Chambers for the purpose of DISCUSSION OF BOND REFERENDUM OPTIONS (MAIL VS. CONVENTIONAL REFERENDUM) Gerald Broening, Mayor Mike Ferguson, Vice Mayor Mack McCray, Commissioner Carl McKoy, Commissioner Ronald Weiland, Commissioner NOT~CE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIOEflED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDING~ 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 fumish appropriate auxiliary aids and services where necessary to 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 Joyce Costetlo, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. S:\CC~WP~SPECIAL MEETINGS~SPacial City Commission Meeting. 7-1-03.doc America's Gateway to the Gulfstream Requested City Commission Meeting Dates [] April 1,2003 [] April 15, 2003 [] May 6, 2003 [] May 20, 2003 NATURE OF AGENDA ITEM CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meetin~ Dates Date Final Form Must be Turned in to City Clerk's Office March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) March 31, 2003 (Noon) [] June 17, 2003 April 14, 2003 (Noon) [] July 1,2003 May 5, 2003 (Noon) [] July t5, 2003 [] Admimstrative [] Announcement [] City Manager's Report [] Consent Agenda [] Code Compliance/Legal Settlements June 2, 2003(Noon) June 16, 2003 (Noon~ : '~ '--; ::4 '< June 30, 2003 (Noon~ [] Legal [] New Business [] Presentation ro [] Public Hearing -x- [] Unfinished Business RECOMMENDATION: Discussion of Options and Cost for Special Referendum October 2003 for General Obligation Bond Issue. EXPLANATION: At the June 17, 2003 City Commission, a resolution establishing the projects to be proposed for a General Obligation Bond Referendum and Non-Referendum projects were approved. (Resolution 03-108 attached). What was not resolved was whether the City Commission desired a special referendum in October 2003 by mail or conventional election or if the Commission was opting to consolidate the General Obligation Bond Referendum with the November 2003, Mayoral and Commission Districts 1 and 3 elections. The City Commission supported an October 2003, referendum in concept pending details from staff as to cost and information from the Palm Beach County Board of Election Commission as to cost and timing. This information is now available. Specifically, subject to City Commission authorization, a referendum election can be held on October 7, 2003 at an approximate cost of $48,575. A mailed referendum is expected to cost $91,360 and the results of the referendum will not be available until later in the month of October 2003. The cost of the November 2003 election is expected to be $48,575. PROGRAM IMPACT: Because of the timing of the State Library Grant, the City must execute construction contracts for the Library project by December 31, 2003. Failure to meet this timeline will result in the loss of the $500,000 grant. The Commission expressed interest in meeting this timeline, hence the suggestion for an October 2003 referendum. The Library is among several projects proposed for approval by referendum. The list of projects and their funding source as approved by Resolution 01-108 are as follows: Projects Using Non-Referendum Bonds Greenway / Bikeway Jaycee Park Acquisition/Development Nautica Park SW Boynton Park & Community Center Wilson Center Replacement Wilson Park Improvements Sub-Total Construction $ 1,000,000 $ 2,500,000 $ 200,000 $ 3,040,000 $ 1,496,500 $ 379,5OO $ 8,616,000 S:LBULLETINLFORMSL&GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Projects Using Referendum Bonds Art Center Second Floor Expansion Library Expansion Senior Center Phase II Wilson Pool $ 1,180,000 $ 6,120,000 $ 1,950,000 $ 1,35O,OOO Sub-Total $ 10,600,000 Arrangements have been made for Ms. Theresa LePore to be present at the City Commission meeting to discuss the procedures and timeline for the mail referendum procedure. FISCAL IMPACT: Please see the attached report showing a cost comparison betweea a mailed vs. conventional referendum. It is anticipated that the cost of the General Obligation Bond referendum would be budgeted out of the Capital Improvement Fund Budget, not the General Fund. ALTERNATIVES: Mail referendum October 2003 - estimated cost $91,630 Conventional Referendum October 7, 2003 - estimated cost $48,575 Conventional Referendum November 4, 2003 - estimated $15,000 over and above the projected Mayor/Commission election cost of $48,575 for additional advertising and certifications. The base $48,575 cost is included in the General Fund. Department Head's Signature City Manager's Signature Department Name ~/ 'ty A{~/Finance / I- Resources S:~BULLETIN~ORMS'~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. 03- / ~ ~ A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A CAPITAL PROJECTS PRIORITY LIST AND EXPRESSING INTENT TO SEEK REFERENDUM APPROVAL fOR ISSUANCE OF GENERAL OBLIGATION BONDS SECURED BY AD VALOREM TAX REVENUE, AND NON- REFERENDUM BONDS SECURED BY PUBLIC SERVICE TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission conductcd a workshop meeting o n Ju ne 10, 2003, to review and prioritize proposed capital projects and discuss financial alternatives to ensure funding oft. hose projects; and WIiEREAS, the City Commission reached consensus regarding the use of referendum and non-referendum bond proceeds to fund selected projects; and WttEREAS, the City Commission reached consensus regarding the priority and bundling of projects to ensure their timely completion; NOW, THEREFORE, BE IT RESOLVED BY TItE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. Each Whereas clause set forth above is hereby ratified as being true and correct and incorporated herein by this reference. Section 2. The City Commission authorizes a referendum election to determine if a majority of the City's electors are in favor of issuing general obligation bonds secured by ad valorem tax revenue to generate funds for the following projects: S:~CA~=l. ESO~e~dr~nistr~§ve~Capital Prl:~ec~ List'~l~t~l Pro.le¢~ Reso.doc PROJECT AMOUNT Art Center Second Floor Expansion $ 1,180,000 Library Expansion $ 6,120,000 Senior Center Phase II $ 1,950,000 Wilson Pool $ 1,350,000 Section 3. The City Commission authorizes the issuance of bonds secured by public service tax revenue to generate funds for the following projects: PROJECT AMOUNT Greenway / Bikeway $ 1,000,000 Jaycee Park Acquisition/Development $ 2,500,000 Nautica Park $ 200,000 SW Boynton Park & Community $ 3,040,000 Center Wilson Center Replacement $ 1,496,500 Wilson Park Improvements $ 379,500 Section 4. The Commission intends to adopt subsequent resolution(s) as required by Section 100.211 Florida Statute, when the actual date of referendum election is established, or as otherwise required to implement the issuance of referendum and non-referendum bonds. Notice of the referendum election shall be provided in accordance with Section 100.342, Florida Statutes. Section 5. The City Manager and City Attorney are authorized to take such action as is necessary to implement the intent of this Resolution, including, but not limited to, retention of bond counsel. Section 6. This Resolution shall take effect immediately upon passage. S:~,CA~RESO~clrmnistrative~Cal~tal Pro~ect Li$~C~oital Pro~ect Re~o,d0c PASSED AND ADOPTED this /~ :~day of~.-'~tle_2003. ATTEST: S:~CA,~RI;:SO¥~lrninistraUve~?.;~:~tal Pro~;{ List~C~t~l Project