12-03-2012 - Special City at �.._
r0GlTIER
November 7,2011
-PUBLIC NOTICE-
To All Members of the City Council:
I hereby call a Special Meeting of the City Council of Edgewater for Monday,
December 3, 2012 at 5:00 p.m. in City Council Chambers, City Hall, 104 N. Riverside
Drive, Edgewater, Florida, to discuss:
a. Resolution No. 2012-R-26: Accepting and adopting the results of the November 6,
2012 Special Election.
b. Oath for the Office of City Council District 1 taken by Christine Power, as
administered by the Honorable Shirley A. Green, Circuit Court Judge.
c. Oath for the Office of Council District 2 taken by Gigi Bennington, as administered
by the Honorable Shirley A. Green, Circuit Court Judge.
d. Oath for the Office of Council District 4 taken by Gene Emter, as administered by the
Honorable Shirley A. Green, Circuit Court Judge.
ATTEST:
•
Michael homa. Bonnie Wenzel 0
Mayor City Clerk
Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter
considered at a meeting or hearing, that individual will need a record of the proceedings and will need to ensure that a
verbatim record of the proceedings is made. The City does not prepare or provide such record.
In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these
proceedings should contact City Clerk Bonnie Wenzel, 104 N. Riverside Drive, Edgewater, Florida, telephone number
386-424-2400 ext #1102, 5 days prior to the meeting date. If you are hearing or voice impaired, contact the relay
operator at 1-800-955-8771.
AGENDA REQUEST
Date: November 21, 2012
PUBLIC
HEARING RESOLUTION 12/3/12 ORDINANCE
BOARD OTHER
APPOINTMENT CONSENT BUSINESS
ITEM DESCRIPTION
Resolution No. 2012-R-26 Accepting and Adopting the results of
November 6, 2012 Special Election for City
Council District 1 and the unopposed seats of
District 2 and District 4.
BACKGROUND
Councilman Justin Kennedy resigned his District 1 Council seat as required by law to run for County
Council. Therefore the City of Edgewater was required to hold a special election to fill the remainder of
his term,which expires in 2014.
On November 6, 2012 during the General Election a Special Election was held to elect a new member to
City Council. Per the City Charter the County Canvassing Board certifies the election. The votes were
certified as follows:
James Paul Brown received 3,208 votes
Christine Power received 4,892 votes.
Therefore, the County Canvassing Board certified Christine Power as elected to the City Council District
1. This term will expire in 2014.
District 2 and District 4 City Council Seats were also open for election during the 2012 Election Cycle.
However, during qualifying only the incumbents qualified, being unopposed they were elected without
the need for being on the General Election Ballot to their respective seats for a four year term each,
expiring in 2016.
RECOMMENDATION
Staff recommends approval Resolution No. 2012-R-26; accepting and adopting the results of the
November 6, 2012 Special Election for City Council District 1 and the unopposed seats of District 2 and
District 4.
ACTION REQUESTED
Motion to approve Resolution No. 2012-R-26.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM: YES NO X
DATE: AGENDA ITEM NUMBER:
Respectfully Submitted By: Concurrence:
Bonnie Wenzel Trace . Barlow
City Clerk Ci anager
Robin Matusick
Paralegal
RESOLUTION 2012-R-26
A RESOLUTION OF THE CITY COUNCIL OF
EDGEWATER, FLORIDA, ACCEPTING AND ADOPTING
THE ELECTION RESULTS OF THE NOVEMBER 6, 2012
SPECIAL ELECTION; PROVIDING FOR INTENT AND
PURPOSE OF RESOLUTION; PROVIDING FOR
SEVERABILITY; REPEALING ALL RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on November 6, 2012, a special election was held within the City of
Edgewater (the "Special Election") for determination of District 1 due to resignation; and
WHEREAS, at the end of the qualifying period on June 8, 2012 the candidates for
District 2 and 4 were unopposed; and
WHEREAS, on November 21, 2012, the City Clerk received the Volusia County
Canvassing Board Certificate of County Canvassing Board containing the official, certified
results of the Special Election, a copy of which is attached hereto as Exhibit "A" and by this
reference made a part hereof(the "Canvassing Board Certification"); 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 for District 2, Gigi Bennington and District 4, Gene Emter
were unopposed and the end of the qualifying period that closed on June 8, 2012 and therefore
were not needed to be placed on the election ballot.
Section 2. The candidates in the November 6, 2012 special election received the
number of votes as set forth below:
1
Resolution#2012-R-26
DISTRICT 1
James Paul Brown 3208
Christine Power 4892
Section 3. The Council member for the two (2) year term of office (balance of
unexpired term) beginning December 3, 2012, is set forth below:
DISTRICT 1
Christine Power
The Council members for the four (4) year term of office beginning December 3, 2012,
are set forth below:
DISTRICT 2
Gigi Bennington
DISTRICT 4
Gene Emter
Section 4. Findings. Based on the Volusia County Canvassing Board Certificate, the
City Council of the City of Edgewater hereby acknowledges and finds that a majority of the
votes cast in connection with the Special Election resulted in the aforementioned results.
Section 5. Acceptance and Adoption of Election Results. The results of the
November 6, 2012 Special Election, which are attached hereto and incorporated herein as
Exhibit"A" are hereby accepted and adopted by the City Council.
Section 6. Severability. 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.
2
Resolution#2012-R-26
Section 7. All resolutions or parts of resolutions in conflict herewith are hereby
repealed.
Section 8. Effective Date. This Resolution shall become effective immediately upon
passage and adoption.
After Motion for approval by and Second by
, the vote on this Resolution was as follows:
AYE NAY
Mayor Mike Thomas
Councilman Justin A. Kennedy
Councilwoman Gigi Bennington
Councilman Mike Ignasiak
Councilman Gene Emter
PASSED AND DULY ADOPTED this 3rd day of December, 2012.
ATTEST: APPROVED:
CITY OF EDGEWATER, FLORIDA
Bonnie Wenzel Mike Thomas
City Clerk Mayor
(Seal)
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 3rd day of
legality by: Aaron R. Wolfe, Esquire December, 2012 under agenda Item No. 8 .
City Attorney
Doran, Sims, Wolfe&Kundid
3
Resolution#2012-R-26
stPERVJ
e) Ann McFall
r et
Ob Supervisor of Elections
CA
County of Volusia
CITY OF EDGEWATER
F`OR�A RECEIVED
November 19, 2012
tiC' 21 2012
Bonnie Wenzel, City Clerk
City of Edgewater CITY CLERK
104 N Riverside Dr.
PO Box 100
Edgwater, Fl. 32132
Dear Bonnie:
The official results of the election held on November 6, 2012 for the City of
Edgewater is as follows:
For Edgewater Council 1:
James Paul Brown received 3,208 votes
Christine Power received 4,892 votes
Although the certification enclosed indicates "Unofficial"that is only because of
a county referendum recount and the 10 day military overseas ballots that affect federal
races only. All municipal results are considered to be official. If you have any questions,
please do not hesitate to contact my office.
Sincerely,
Ann McFall
SEAL
Historic Courthouse
125 West New York Avenue,DeLand,FL 32720-5415
(386)736-5930 • (386)254-4690 • (386)423-3311 •FAX(386)822-5715
www.volusia.org/elections
If your signature has changed, please update your signature by completing a new Florida voter registration application.
It is important to keep your signature updated, so that absentee ballots and/or petition signatures can be counted.
*** Unofficial ***
CERTIFICATE OF COUNTY CANVASSING BOARD
VOLUSIA COUNTY
CITY CIF EDGEWATER
RECEIVED We, the undersigned, DAVID FOXMAN, County Judge, ANN
MCFALL, Supervisor of Elections, JOYCE CUSACK, Vice-Chair,
v" 21 2012 Volusia County Council, constituting the Board of County Canvassers in
and for said County, do hereby certify that we met on the Ninth day of
November, 2012 A.D., and proceeded publicly to canvass the votes given
CM'CLERK for the several offices and persons herein specified at the Nonpartisan
Election held on the Sixth day of November, 2012 A.D., as shown by the
returns on file in the office of the Supervisor of Elections. We do hereby
certify from said returns as follows:
Retention of Justice R. Fred Lewis of the Supreme Court
Yes 132,072 votes
No 73,481 votes
Retention of Justice Barbara J. Pariente of the Supreme Court
Yes 133,404 votes
No 72,666 votes
Retention of Justice Peggy A. Quince of the Supreme Court
Yes 132,741 votes
No 72,541 votes
For County Court Judge, Group 4,the whole number of votes cast was
186,838 of which number
Christopher Kelly received 118,486 votes
Adam Warren received 68,352 votes
For School Board, District 4,the whole number of votes cast was 42,086
of which number
Judy Conte received 19,728 votes
Linda Costello received 22,358 votes
For Sheriff,the whole number of votes cast was 213,841 of which
number
Wendell Bradford received 51,426 votes
Ben Johnson received 162,415 votes
For County Council Chair,the whole number of votes cast was 191,354
of which number
Jason Davis received 105,997 votes
Carl G Persis received 85,357 votes
11/09/2012 05:07:23 PM 1
• *** Unofficial ***
CERTIFICATE OF COUNTY CANVASSING BOARD
VOLUSIA COUNTY
For County Council, District 1,the whole number of votes cast was
37,102 of which number
Jeff Allebach received 17,307 votes
Pat Patterson received 19,795 votes
For County Council, District 2,the whole number of votes cast was
40,184 of which number
Nancy Epps received 19,230 votes
Joshua J. Wagner received 20,954 votes
For County Council,District 3,the whole number of votes cast was
43,873 of which number
Deborah Denys received 22,639 votes
James W Hathaway received 21,234 votes
For County Council, District 4,the whole number of votes cast was
38,319 of which number
Doug Daniels received 20,202 votes
Shannon McLeish received 18,117 votes
For County Council, District 5,the whole number of votes cast was
35,957 of which number
Patricia Northey received 21,771 votes
Richard Gailey received 14,186 votes
For Daytona Beach Mayor,the whole number of votes cast was 24,994 of
which number
Derrick L. Henry received 13,874 votes
Edith Shelley received 11,120 votes
For Daytona Beach Commission 1,the whole number of votes cast was
3,965 of which number
Carl Lentz, IV received 2,047 votes
Ruth Trager received 1,918 votes
For Daytona Beach Commission 4,the whole number of votes cast was
4,620 of which number
Rob Gilliland received 3,337 votes
Thomas A. Kaczka received 1,283 votes
11/09/2012 05:07:23 PM 2
*** Unofficial ***
CERTIFICATE OF COUNTY CANVASSING BOARD
VOLUSIA COUNTY
For Daytona Beach Commission 6,the whole number of votes cast was
3,546 of which number
Paula R. Reed received 2,068 votes
Cathy Washington received 1,478 votes
For Daytona Beach Shores Council 2,the whole number of votes cast
was 2,457 of which number
Jennie Celona received 1,292 votes
Donald F. Large received 1,165 votes
For Daytona Beach Shores Council 4,the whole number of votes cast
was 2,339 of which number
Paul deMange received 1,038 votes
Henry Fehrmann received 1,301 votes
For Deltona Commission 2,the whole number of votes cast was 5,765 of
which number
Webster Barnaby received 2,985 votes
Rob Field received 2,780 votes
For Deltona Commission 4,the whole number of votes cast was 5,150 of
which number
Tom Premo received 2,384 votes
Nancy Schleicher received 2,766 votes
For Deltona Commission 6,the whole number of votes cast was 5,194 of
which number
Christopher Nabicht received 3,021 votes
Michael Wycuff received 2,173 votes
For Edgewater Council 1,the whole number of votes cast was 8,100 of
which number
James Paul Brown received 3,208 votes
Christine Power received 4,892 votes
For Holly Hill Mayor,the whole number of votes cast was 4,069 of
which number
Roy Johnson received 2,367 votes
Roland Via received 1,702 votes
11/09/2012 05:07:23 PM 3
*** Unofficial ***
CERTIFICATE OF COUNTY CANVASSING BOARD
VOLUSIA COUNTY
For Oak Hill Mayor,the whole number of votes cast was 890 of which
number
Douglas A. Gibson received 461 votes
Linda C. Hyatt received 429 votes
For Ormond Beach Commissioner 1,the whole number of votes cast was
5,352 of which number
Alan H. Burton received 2,443 votes
James Stowers received 2,909 votes
For Pierson Council 4,the whole number of votes cast was 495 of which
number
Samuel G.S. Bennett received 330 votes
Maribel Martinez received 165 votes
For Pierson Council 5,the whole number of votes cast was 492 of which
number
Herbert J. Bennett received 334 votes
Lidia Miranda received 158 votes
For Port Orange Council 3,the whole number of votes cast was 23,235 of
which number
Drew J. Bastian received 12,180 votes
Bob Pohlmann received 11,055 votes
For Indigo Community Development District, Seat 2,the whole number
of votes cast was 565 of which number
Donald E Parks received 382 votes
George Rauscher A. received 183 votes
For Indigo Community Development District, Seat 4,the whole number
of votes cast was 571 of which number
James V Cratty received 238 votes
Thomas G Leek received 333 votes
For West Volusia Hospital Authority, Group A Seat 2,the whole number
of votes cast was 67,603 of which number
Andy Ferrari received 41,968 votes
Donald Kanfer received 25,635 votes
11/09/2012 05:07:23 PM 4
• *** Unofficial ***
CERTIFICATE OF COUNTY CANVASSING BOARD
VOLUSIA COUNTY
C 3CJ
/'77/ DGE
SUPERVISOR OF ELECTIONS ,
. /14 11 L4.
V E-• AIR,VOLUSIA OUNTY COUNCIL
11/09/2012 05:07:23 PM 5