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2012-R-26 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 resOolutions or parts of resolutions in conflict herewith are hereby repealed. Section 8. Effective Date. This Resolution shall become effective immediately upon passage and adoption. n After Motion for approval by and Second by C the vote on this Resolution was as follows: AYE NAY Mayor Mike Thomas Councilman Justin A. Kennedy �W-* Councilwoman Gigi Bennington J Councilman Mike Ignasiak Councilman Gene Emter lJY_Cww PASSED AND DULY ADOPTED this 3rd day of December, 2012. ATTEST: 110,17A Do1 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. la.. City Attorney Doran, Sims, Wolfe & Kundid 3 Resolution #2012-R-26 S)VER J8 * °lam Ann McFall 6 ror.,ik Supervisor of Elections ut County of Volusia y CITY OF EDGEWATER 4.40RIDN November 19, 2012 RECEIVED NCX 21- 2012 Bonnie Wenzel, City Clerk City of Edgewater CITY CLERIC 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 OF Ef GEWATER RECEIVED We, the undersigned, DAVID FOXMAN, County Judge, ANN MCFALL, Supervisor of Elections, JOYCE CUSACK, Vice-Chair, N 2 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 MY 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 • . JUDGE - � e,, Adt / -///:/. SUPERVISOR OF ELECTIONS 1 V E- AIR,VOLUSIA COUNTY COUNCIL 11/09/2012 05:07:23 PM 5