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2010-R-21RESOLUTION 2010-R-21 A RESOLUTION OF THE CITY COUNCIL OF EDGEWATER, FLORIDA, ACCEPTING AND ADOPTING THE ELECTION RESULTS OF THE NOVEMBER 2, 2010 GENERAL ELECTION; AUTHORIZING AND DIRECTING THE CITY CLERK TO INCORPORATE AMENDMENTS INTO THE CITY OF EDGEWATER CHARTER AND TO FILE THE REVISED CHARTER WITH THE FLORIDA DEPARTMENT OF STATE; ACKNOWLEDGING THE EFFECTIVE DATE OF CHARTER AMENDMENTS; PROVIDING FOR INTENT AND PURPOSE OF RESOLUTION; PROVIDING FOR SEVERABILITY; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. WHEREAS, in accordance with Ordinance 2010-0-08 and Ordinance 2010-0-09, on November 2, 2010, a General Election was held in the City of Edgewater for determination of City Council for Mayor, District 1 and District 3; and proposed charter amendments; and WHEREAS, the City Council of the City of Edgewater, Florida, has determined that all votes have been tabulated and confirmed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, as follows: Section 1. The candidates in the November 2, 2010 general election received the number of votes as set forth below: MAYOR Mike Thomas 3300 Dennis Vincenzi 2898 DISTRICT James P. Brown 2186 Justin A. Kennedy 3379 2010-R-21 DISTRICT 3 Mike Ignasiak 2998 Ben Wagner 2713 Section 2. The Council members for the four (4) year term of office beginning December 6, 2010, are set forth below: MAYOR Mike Thomas DISTRICT 1 Justin A. Kennedy DISTRICT 3 Mike Ignasiak Section 3. Charter Amendment Related to Residency Requirements of Certain City Department Heads or Employees. City of Edgewater Referendum Amendment of Residency Requirements of Certain City Department Heads or Employees The current City Charter requires certain Department Heads reside in the city. The City Council may waive this residency requirement if deemed in the best interests of procuring the services of the most qualified professional applicant and the Council finds extraordinary circumstances exist. Currently, this waiver is not available to the Police and Fire Chief This Amendment removes the requirement that extraordinary circumstances exist and makes such waiver available to the Police and Fire Chief. Shall the above -described Charter amendment be adopted? YES 3132 votes NO 3104 votes 2010-R-21 Section 4. Charter Amendment for Amendine Thirty -Five Foot Buildine Height Restriction from City Charter. City of Edgewater Referendum Amending City Charter as to Building Height Restrictions The City Charter currently provides for a building height restriction on thirty-five (35) feet, except for Business/Commercial, Public/Semi-Public or Industrial Buildings. This Charter amendment limits the applicability of the City Charter building height restriction of thirty-five (35) feet to buildings east of the centerline of US Highway 1. Shall the above -described Charter amendment be adopted? YES 3323 votes NO 2941 votes Section 5. Acceptance and Adoption of Election Results. The results of the November 2, 2010 General Election are hereby accepted and adopted by the City Council. Section 6. Incorporation and Filine. In accordance with section 166.031, Florida Statutes, the Charter Amendments adopted by a majority of the electors as set forth above shall he incorporated into the Charter of the City of Edgewater and the City Clerk is authorized and instructed to file the revised Charter with the Department of State. Section 7. Effective Date of Charter Amendments. The effective date of the Charter Amendments are as follows: Charter Amendment Related to Upon Certification of Residency Requirements of Certain Election Results City Department Heads or Employees Charter Amendment for Amendment of Upon Certification of Thirty -Five Foot Building Height Election Results Restriction from City Charter Section 8. Intent and Purpose of Resolution. The adoption of this Resolution is not an expression of a policy statement by the City Council either for or against the content of the 2010-R-21 Charter Amendment and shall be construed solely as a ministerial duty in compliance with Section 166.031, Florida Statutes. Section 9. Severabdity. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 10. All resolutions or parts of resolutions in conflict herewith be and same are hereby repealed. Section 11. Effective Date. This Resolution shall become effective immediately upon passage and adoption. After Motion for approval by and Second by Qnw i.Aan o r , the vote on this Resolution was as follows: AYE NAY Mayor Mike Thomas x Councilwoman Debra J. Rogers Councilwoman Gigi Bennington X Councilwoman Harriet B. Rhodes X Councilman Ted Cooper X 2010-R-21 C PASSED AND DULY ADOPTED this 15th day of November, 2010. ATTEST: 'humtL Bonnie Wenzel City Clerk (sa�18x y .. y 7rvf�ef:.; APPROVED: OWN )I TAN WAIF PAW Robin L. Matusick Paralegal For use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida Approved as to form and Edgewater at a meeting held this 15th day of legality by: Carolyn S. Ansay, Esquire November, 2010 under agenda Item No. qq_. City Attorney Doran, Sims, Wolfe, Ansay & Kundid 2010-R-21 OFFICIAL CERTIFICATE OF COUNTY CANVASSING BOARD STATE OF FLORIDA Volusia County We, the undersigned, David Beck , County Judge, Ann McFall , Supervisor of Elections, and Frank Bruno , Chair of County of Volusia, constituting the Board of County Canvassers, do hereby certify that we met on the 5th day of November, A.D., 2010, and proceeded publicly to canvass the votes given for municipal elections held on the 2nd day of November, A.D., 2010 as shown by the returns on file in the office of the Supervisor of Elections. We do hereby certify from said returns as follows: CITY OF DAYTONA BEACH General Election For Daytona Beach City Commission, Zone I the whole number of votes cast was 2455 of which number Edith Shelley 1525 votes Ruth Trager 930 votes For Daytona Beach City Commission, Zone 3 the whole number of votes cast was 1955 of which number Sheila McKay -Vaughan 865 votes CITY OF DAYTONA BEACH SHORES General Election For Daytona Beach Shores Mayor the whole number of votes cast was 2040 of which number Kelly White 1090 votes Paul deMange 716 votes Harry Jennings 1324 voles For Daytona Beach Shores City Council, Seat 1 the whole number of votes cast was 1882 of which number Robert G. Pascoe 625 votes Peggy Rice 1257 votes For Daytona Beach Shores City Council, Seat 3 the whole number of votes cast was 1877 of which number Billie Wheeler 1360 votes Molly Zurheide 517 votes CITY OF DEBAR General Election For DeBary City Council, Seat I the whole number of votes cast was 6626 of which number Christopher Carson 3919 votes Michael Alex Kolba 2707 votes For DeBary City Council, Seat 2 the whole number of votes cast was 6684 of which number Nick Koval 4612 votes Bill Long 2072 votes For DeBary City Council, Seat 3 the whole number of votes cast was 6590 of which number Liza Handy -Peters 3069 votes Dan Hunt 3521 votes CITY OF DELTONA General Election For Delman City Mayor the whole number of votes cast was 21068 of which number John Masiarczyk 12329 votes David Santiago 8739 votes For Deltona City Commission, District 3 the whole number of votes cast was 2825 of which number Heidi Herzberg 1545 votes Heather Joy Mitchell 1280 votes For Deltona City Commission, District 5 the whole number of votes cast was 3717 of which number Janet Deyette 1664 votes Fred Lowry 2053 votes CITY OF EDGEWATER General Election For Edgewater City Mayor the whole number of votes cast was 6198 of which number Mike Thomas 3300 votes Dennis Vincenzi 2898 votes For Edgewater City Council, District 1 the whole number of votes cast was 5565 of which number James P. Brown 2186 votes Justin A. Kennedy 3379 votes For Edgewater City Council, District 3 the whole number of votes cast was 5711 of which number Mike Ignmiak 2998 votes Ben Wagner Z713 votes City of Edgewater Referendum Amendment of Residency Requirements of Certain City Department Heads or Employees The current City Charter requires certain Department Heads reside in the city. The City Council may waive this residency requirement if deemed in the best interests of procuring the services of the most qualified professional applicant and the Council finds extraordinary circumstances exist. Currently, this waiver is not available to the Police and fire Chief. This Amendment removes the requirement that extraordinary circumstances exist and makes such waiver available to the Police and Fire Chief. Shall the above -described Charter amendment be adopted? YES 3132 votes NO 3104 votes City of Edgewater Referendum Amending City Charter as to Building Height Restrictions The City Charter currently provides for a building height restriction on thirty-five (35) feet, except for Business/Commercial, Public/Semi-Public or Industrial Buildings. This Charter amendment limits the applicability of the City Charter building height restriction of thirty-five (35) feet to buildings east of the centerline of US Highway I. Shall the above -described Charter amendment be adopted? YES 3323 votes NO 2941 votes CITY OF HOLLY HILL Run off Election For Holly Hill City Mayor the whole number of votes cast was 2674 of which number Roy Johnson 1432 votes Roland Via 1242 votes CITY OF LAKE HELEN General Election For Lake Helen City Commissioner Zone 4 the whole number of votes cast was 987 of which number Louis Benton,lll 482 votes Cameron Lane 505 votes C C TY OF ORMOND BEACH General Election For City of Ormond Beach Mayor the whole number of votes cast was 15318 of which number LoriM. Gillooly 7004 votes Ed Kelley 8314 votes For Ormond Beach City Commissioner, Zone I the whole number of votes cast was 3835 of which number Alan Burton 1577 votes Greg Scull 669 votes James Stowers 1589 votes For Ormond Beach City Commissioner, Zone 3 the whole number of votes cast was 4800 of which number Rick Boehm. 2429 votes Mike Scudiero 2371 votes TOWN OF PIERSON General Election For Town of Pierson, Town Council Seat I the whole number of votes cast was 376 of which James T. Peterson 222 votes Tony Ramos 154 votes TOWN ON PONCE V Regular Election For Town of Ponce Inlet Town Council Sew 2 the whole number of votes cast was 1748 of which Kris Derr 900 votes Mary E. Hoss 848 votes For Town of Ponce Inlet Town Council Seat 4 the whole number of votes cast was 1769 of which Barbara C. Davis 972 votes Gary M. Swanhart 797 votes CITY OF SOUTH DAYTONA Run-off Election For South Daytona City Council, District 3 the whole number of votes cast was 3440 of which Lisa L. O'Neal 1951 votes Ralph G. Schoenherr 1489 votes County Judge -r7 Cha r, Count of Volusia SuperviofElections, County of Volusia CONDUCT OF ELECTION REPORT [Section 102.141(9)(a) and (b)., Florida Statutes) Section 102,141 (9)(a), F.S. At the same time that the official results of an election are certified to the Department of State, the county canvassing board shall file a report with the Division of Elections on the conduct of the election. Election: 2010 Year County: Volusia (Check one Primary ✓ General 9 or other election: Voting Devices: Please fill-in with the number ofvoting devices in the appropriate table cells. Absentee Central Count Marksense Scanners Initial Total AB Scanners Removed Re laced or Added 9 0 1 Election Definition: (Check one) N County creates the election definition Vendor creates the election definition Consultant creates the election definition Other and provide the description: _ Ballot -on -Demand (BOD) Printing: (Check one) 8 No BOD Yes BOD (Checkany) ❑ EV ❑ ED ❑ AB Ballot Printer Service (not using BOD): (Check one or both) ❑ Vendor's printer service (Checkany) ❑ EV ❑ ED ❑ AB Non -vendor's printer service (Checkany) ✓❑ EV ❑✓ ED ❑ AB Note: "Vendor" refers to a vendor's voting system. Form: BVSC-006 (Rev. 09108) Page I of 5 C CONDUCT OF ELECTION REPORT Section 102.141 (9)(a)L, F.S. All equipment or software malfunctions at the precinct level, at a counting location, or within computer and telecommunications networks supporting a county location, and the steps that were taken to address the maorunctions; 1. Did you have any problems which occurred as a result of equipment or software malfunctions at the precinct level, at a counting location or within computer and telecommunications networks supporting a county location? Yesn Nod IfyeL please fill-in the appropriate table cells with the summation of the number of problems or malfunction by location (EV, ED, or Central Location). Also, please indicate on the checklist the type of problems or malfunctions. In addition, please provide to this report an explanation ofthe steps that were taken to address the problem or malfunction. Notes: Election day refers to dispelling locations. American DuabiliryAci (ADA) Marking Device refers to theAutoMAEK Voter Assist Terminal (VA7) Media refers to a tabulator's memory cards, memory packs, US11 lash memory zip drive, PEBs, etc. Checklist for type of problems or malfunctions Early Voting and Election Day Voting devices ❑ Voting devices — not connected to electrical power or power source failure Voting devices — battery backup failure — battery not charged Voting devices —battery backup failure —removed from service ADA—device failure —repaired— remained in service ADA device media failure— media replaced Marksense scanner failure —repaired —remained in service Marksense scanner memory media failure — media replaced Marksense scanner failure to reject a blank ballot Marksense scanner failure to reject a ballot with an over voted contest Marksense scanner failure to accept one or more under voted contests Ballot box diverter failure — removed from service Ballot box diverter failure— repaired —remained in service Used the marksense scanner's ballot box emergency bin Cannot complete a planned modem upload or problems with the phone lines Other Provide the description: Reader on O/S units railed Central Location Absentee tabulation Markseme scanner failure— repaired —remained in service Marksense scanner memory media failure — media replaced Election Management Problem or malfunction with uploading results or creating reports. Other ❑ Provide the description: Form: BVSC-006 (Rev. 09/08) Page 2 of 5 CONDUCT OF ELECTION REPORT Section 102.141 (9)(a)2., F.S. All election definition errors that were discovered after the logic and accuracy test, and the steps that were taken to address the errors, 2. Did ou have my election definition errors that were discovered after the logic and accuracy test? Yes No/ Ifs please fill-in the appropriate table cells with the number oferrors. Please attach an explanation to this report of the steps that were taken to address the errors. Election definition errors Precinct count media errors Central count media errors County created definition or media Vendor created definition or media with correct county information Vendor created definition or media with incorrect information from the county Section 102.141 (9)(a)3., F.S. All ballot printing errors or ballot supply problems, and the steps that were taken to address the errors or problems; 3. Did you have any ballot printing errors or ballot supply problems? Yes El No® lfiLa— please fill-in the appropriate table cells with the summation of the number oferrors Also, please indicate on the checklist the type ofproblems or errors. /n addition, please provide to this report an explanation ofthe steps that were taken to address the errors. Electronic ballot layout Paper ballot layout Paper ballot printer Paper ballot supply errors errors errors problems Coun created the ballot Vendor created with correct coun information Vendor created with incorrect information from the coun Checklist for type of ballot or printer problems Early Voting and Election Day Polliw location (please identify the location) IIL—Jy� Incorrect ballots to the voter — poll worker error Ballot moisture (humidity) cannot scan Absentee (please identify the location) Incorrect ballots to the voter —election staff error Printed incorrect be] lots — printer error such as duplex Printed incorrect ballots — software error Printer failure Incorrect ballots given to the voter— poll worker error Provide the description: Form: BVSC-006 (Rev. 09/08) Page 3 of 5 c o CONDUCT OF ELECTION REPORT Section M2.141 (9)(a)4., F.S. All staffing shortages or procedural violations by employees or precinct workers which were addressed by the supervisor of elections or the county canvassing board during the conduct of the election, and the steps that were taken to correct such issues; 4. Did you have any staffing shortages or procedural violations by employees or precinct workers which were addressed by the supervisor of elections or the county canvassing board during the conduct of the election? Yes Nom /jam please fill-in the appropriate table cells with the number of issues. Please attach an explanation to this report ofthe steps that were taken to address these issues. Number of shortages Number of instances of insufficient training Number of instances where procedures were used incorrectly or with violations Poll workers Election staff Secur Tent o anrt Section 102.141 (9)(a)5., F.S. All instances where needs for staffing or equipment were insufficient to meet the needs of the voters; 5. Did ou have an instances where needs for staffing or equipment were insufficient to meet the needs of the voters? Yes No I /jam please fill-in the appropriate table cells with the number of insufficient staffing or equipmentfor meeting the needs ojthe voters. Please attach an explanation to this report of the steps that were taken to address these issues. Number of planned Number of resources Number of insufficient resources for the expected available for election day resources to meet the number of voters for demand for voters election day Poll workers Election staff Voting devices Other equipment and supplies Note: The number of ' !p armed" items is based on the election day estimates, and "available" is the actual items at the start of the election day. Note that the number of voting devices available is based on the actual initial total deployment including ADA devices as provided on page 1 for election day. Other equipment and supplies, for example, refers to summation of the number of electronic pollbook devices, provisional ballot supplies, ballot boxes, transfer bags, etc. Form: BVSG-006 (Rev. 09/08) Page 4 of 5 CONDUCT OF ELECTION REPORT Section 102.141 (9)(a)6., F.S. Any additional information regarding material issues or problems associated with the conduct of the election. 6. Do you have any additional information regarding material issues or problems associated with the conduct of election? Yes El NoD Ifs, please indicate on the checklist the type of issues or problems In addition, provide to this report an explanation of the steps that were taken to address the issue or problem. Checklist Early Voting and Election Day Polling location Incorrect setup solicitation area violated Incompatible for ADA accessibility Incompatible for use as a polling location Voter check -in ❑ Electronic poll book / precinct register error BPaper poll book / precinct register error Process error Voters Fleeing voter ❑ Disruptive behavior ❑ Disruptive photography Observers Not approved © Disruptive behavior Dismptive photography Media and/or citizen polling ❑ Disruptive behavior Other ❑ Provide the description: § 102.141(9)(b) , F.S., If a supervisor discovers new or additional information on any of the items required to be included in the report pursuant to paragraph (a) after the report is filed, the supervisor shall notify the division that new information has been discovered no later than the nest business day after the discovery, and the supervisor shall file an amended report signed by the supervisor of elections on the conduct of the election within 10 days after the discovery. Date County Judge 11/12/2010 Chair, County of Volusia 11/12/2010 Supervisor of Elections 11/12/2010 NOTE: This conduct of election report must be filed at the same time that the returns for the election are certified to the Division of Elections. (No later than 5 p.m. on the 7u day following the primary election or by 5 p.m. on the I lw day following the general election, section 102.112(2), F.S.) Form: BVSC-006 (Rev. 09108) Page 5 of 5 Attachment to Conduct of Elections Report Volusia County, Florida November 2, 2010 General Election 1. Did you have any problems which occurred as a result of equipment or software malfunctions at the precinct level, at a counting location, or within computer and telecommunications networks supporting a counting location? The voter registration system went down at all 5 early voting sites on Wednesday, October 20, 2010. It mirrored the malfunction that occurred several times in the previous week on a state wide basis, with the same errors shown. It was down for approximately 1 hour. During that time all eligible people who were at the site to vote were accommodated. One of 9 absentee scanners quit accepting ballots during the absentee processing for the 900 series of precincts. The unit was replaced and the ballots were refed under the supervision of the canvassing board. On Election Day, 7 marksense units failed due to either reader problems or LCD screen going blank. Those precincts affected were: 407, 417, 530, 619, 620, 810, & 909. On Election Day, the memory card at Precincts 407, 409, 411 failed. Those cards were immediately replaced. Two of the three cards were replaced before the polls opened. On Election Day after the polls closed, Precinct 510 memory card failed to upload. The Supervisor of Elections arranged for all ballots and equipment to be brought to the main office in Deland. The canvassing board ordered that the ballots be refed. As a result, the number of ballots cast and uploaded equaled the number of signatures on hand. 6. Do you have any additional information regarding material issues or problems associated with the conduct of election? There were some very aggressive solicitors that had to he monitored during early voting at the sites, particularly at the Deltona early voting site. Several inappropriate slate cards were handed out. The Supervisor of Elections is in the process of notifying those groups to bring them in compliance in advance of future elections. /'-; & // Ann McFall, Supervisor of Elections