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05-14-1982 ~, u () CITY OF EDGEWATER Charter Review Commission Special Meeting Minutes May 14, 1982, 1: 00 PM This meeting was called to discuss specifically the ballot question~ The meeting was held at 1 :00 PM in the conference area of the Community Center. MEMBERS PRESENT: Messrs. Dore, Millard, Hardin, Kropp, Mrs. Mason, Mrs. Bennington. Also present: City Manager, Mr. Mitchell, City Attorney, r'lr. Henderson, Ms. Bunch. DISCUSSION OF BALLOT Mr. Henderson stated that they have taken the position that they would have a basic document with two options for the selection of the council and mayor. They felt that was the fairest way to present it. He stated they have tried every way possible to get the voting machine to program the two options and explained how it worked, and why it would not work on this question. He stated that it was absolutely impossible to use the machine with two options. He explained there were three alternative plans; No.1 would be to incorporate into the basic document the terms of the status quo; Alternative 2, put three questions on the ballot: question 1 being the basic document, question 2 being what is called Option A, and Question 3 being what ;s called Option B. Alter- native No.3 would be for paper ballots, which would be just like absentee ballots. Mr. Henderson explained how the paper ballots would work, and explained the problems. He said that in 1936 the people of Vo1usia County voted to go with voting machines, and they could not, by law, go back to paper ballots. Sec. 101.36 states that municipalities under certain populations have the option to use voting machines or paper ballots. He explained how voting by paper ballots would work. The question was raised as to whether the press had been notified of the meeting. Mr. Mitchell stated that the secretary knows that they should be notified, and he was sure that it had been done. Mr. Henderson said that this was truly an emergency meeting. The press will be informed immediately of what was decided. With regard to the use of the voting machine and the options, it was felt by all members present that there was an honest chance for confusion. They agreed there seemed to be no choice but to go with the paper ballot and wanted to avoid confusion; there is no way to program the machine. It was stated there should be a lot of publicity regarding the use of the paper ballots, and the reasons for it. Mr. Henderson stated that in the instructions on the ballots there should be a statement that "you must select one YES and one NO". Two yeses, two nos or a blank would cancel the ballot. Others stated that it would be enough to state, "vote for ONE only". The clerks would be responsible for the count. Several suggestions were made as to how the Options would be put on the ballot. One suggestion was that the complete Charter would be printed on the ballot two times: one with Option A, and the other with Option B. A NO vote for either option would mean a vote for the Old Charter. Another suggestion was made that there could be just one option, that would be for the five zones. If that loses, the option would be to go back to the Old Charter which has four zones and election of the mayor. There would be instructions stating that if you vote NO on five zones, then it is automatically four zones. It was decided that this would not give the people a choice. Mr. Henderson read controlling language of the Statute: "Whenever a constitu- tional amendment or other public measure is submitted to the vote of the people, the substance of such an amendment or other public measure shall be printed in clear and unambiguous language on the ballots after the list of candidates, followed by the word YES, and also by the word NO, and shall be styled in such a manner that a YES vote will indicate approval of the proposal and a NO vote will indicate a rejection." It was decided this meant you could not state "vote for one on1yll. You must vote one YES or one NO, and you must state on the ballot that two yeses or two nos or a blank would disqualifY the ballot. It was ~tated that. this would guarantee an accurate vote, which you could not have wlth the machlne. "'" o o A vote was taken as to whether there would be a machine or paper ballot. It was UNANIMOUSLY voted to go with the paper ballot. Mr. Henderson went over some ballot questions given to him by Mrs. Odham to help settle the question of wording on the ballot. He stated that how the Council is selected is the heart of the document, and much discussion was held regarding the headings for Option A and Option B. It was decided the headings would be "Four Zone Council and Mayor" ,and "Five Zone Council with Mayor". Wording on the ballot was discussed and it was agreed that it should read as follows: Shall all sections of the Charter of the City of Edgewater, Florida, except that part describing the boundaries, be amended by the New Home Rule Charter recommended by the Charter Review Commission to provide for the creation and powers of the municipality, legislative branch, administrative branch, merit system, personnel, a districting commission, conflict of interest prohibitions and provisions for elections amended by petition and transition. Discussion was had regarding the presentation at the Council meeting scheduled for May 17, 1982. Mr. Henderson was to explain that the machines are incapable of being programed to handle the two options and the Commission recommends use of the paper ballots. Mrs. Mason would give~a'summary of what the Charter Commission did, and that they found that the voters would have been deprived of choice by using machines. It was recommended that a thorough explanation be given to the Press as soon as possible. Mr. Henderson suggested having a short meeting Monday with the Press, to make everything clear, but it was decided that it was proper for the Chairwoman to make the announcement at the Council meeting. The meeting was adjourned at 3:40 PM. Minutes submitted by: Joan Taylor Charter Review Commission Meeting Minutes, May 14, 1982 -2-