12-12-2011 - Special ....: F.
City of
1LEDG ■Inc.1951ATER
December 9, 2011
-PUBLIC NOTICE (Amended)-
To All Members of the City Council:
I hereby call a Special Meeting of the City Council of Edgewater for Monday,
December 12, 2011 at 4:00 p.m. in City Council Chambers, City Hall, 104 N. Riverside
Drive, Edgewater, Florida, to discuss:
a. - Reading Resolution No. 2011-R-24: Calling a Special Election-Primary and
General Election, if necessary, to fill the vacancy in Council Seat District 4 for the
unexpired term.
ATTEST:
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(601\1111-Q., Lam,
Mich:el Tho as Bonnie Wenzel
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: December 9, 2011
PUBLIC
HEARING X RESOLUTION 12/12/11 ORDINANCE
BOARD OTHER
APPOINTMENT CONSENT BUSINESS
ITEM DESCRIPTION
Resolution No. 2011 -R -24 A Resolution calling a Special Election (Primary &
General) to fill the unexpired term of Council Seat
District 4.
BACKGROUND
On November 30, 2011 District 4 Councilman Ted Cooper unexpectedly passed away. Councilman Cooper's term
expires on December 3, 2012. Per the City Charter is a vacancy occurs with more than six months before the next
regularly scheduled election a special election must be held to fill the unexpired term.
Pursuant to the City Charter the special election must be held between January 30, 2012 and February 28, 2012.
Due to this being a special election the City must provide for the date of the primary and general election; establish a
qualifying period; provide for a canvassing board and appoint members.
The City shall bear all costs associated with the special election and must enter into a contract with the Volusia
County Supervisor of Elections to conduct the election and to provide poll workers.
The following is recommended in order to fulfill the requirements set forth in the City Charter:
• 02/07/12 — Primary Election
• 02/28/12 — General Election (if necessary)
• 01/3/1 — 01/06/12 (noon -noon) — qualifying
• Establish a Canvassing Board consisting of the City Manager, City Clerk and Mayor
• Not to provide for early voting
The cost of the 2007 City election was $12,603.68 for the primary and $11,939.42 for the general with a total of
$24,543.10. It is estimated this election will cost near the same.
RECOMMENDATION
Staff recommends approval of Resolution No. 2011 -R -24; calling a special election — primary and general (if
necessary) to fill the vacancy in City Council District 4 for the unexpired term, establishing a canvassing board and
appointing members, approving an agreement with the Volusia County Supervisor of Elections to conduct the
election and provide poll workers and electing not to provide early voting and to approve the necessary budget
amendment.
ACTION REQUESTED
Motion to approve Resolution No. 2011 -R -24 and the necessary udget amendment.
FINANCIAL IMPACT: (FINANCE DIRECTOR) /1 `
PREVIOUS AGENDA ITEM: YES NO X
DATE: AGENDA ITEM NUMBER:
Respectfully Submitted By:
,CAM iSL. tial) 3,0.Q.C / A 410
Bonnie Wenzel U racey T : arlow Robin Matusick
City Clerk City M ager Paralegal
RESOLTUTION NO 2011 -R -24
A RESOLUTION OF THE CITY OF EDGEWATER,
FLORIDA; CALLING A SPECIAL ELECTION - PRIMARY
AND GENERAL (IF NECESSARY), TO FILL THE
VACANCY IN CITY COUNCIL - DISTRICT 4 FOR THE
UNEXPIRED TERM; ESTABLISHING A QUALIFYING
PERIOD; PROVIDING FOR A CANVASSING BOARD AND
APPOINTING MEMBERS TO SAID BOARD; APPROVING
AN AGREEMENT WITH THE VOLUSIA COUNTY
SUPERVISOR OF ELECTIONS TO CONDUCT THE
ELECTION AND TO PROVIDE POLL WORKERS;
ELECTING NOT TO PROVIDE EARLY VOTING;
REPEALING RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, on November 30, 2011 District 4 Councilman Ted Cooper unexpectedly
passed away:
WHERAS, pursuant to Section 3.09 (d) (2) of the City Charter, a vacancy in the Council
shall be filled by special election when the vacancy occurs with more than six (6) months before
the next regularly scheduled election. The next election is scheduled for the fall of 2012,
therefore the City Council must fill the vacancy by special election.
WHEREAS, pursuant to Section 3.09 (d) (2) of the City Charter, the special election
shall be scheduled not sooner than 60 days, nor more than 90 days following the occurrence of
the vacancy and if a primary is necessary, it shall be held as required by the election laws of the
State of Florida.
WHEREAS, therefore the special election to fill the vacancy in District 4 must occur by
February 28, 2012.
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#2011 -R -24
WHERAS, City Council has selected February 7, 2011 as the date for the Special
Primary Election and February 28, 2012 as the date of the Special General Election (if
necessary).
WHEREAS, the City must designate a canvassing board to canvass the results of the
special election.
WHEREAS, the City must enter into a contract with the Volusia County Supervisor of
Elections to conduct the special election, which will include providing poll workers.
NOW THEREFORE BE IT ENACTED by the City Council of the City of Edgewater
Florida.
SECTION 1. The City Council hereby calls a Special Election — Primary to occur on
February 7, 2012 and a Special Election — General to occur on February 28, 2012 (if necessary),
to fill the vacancy in District 4 with the candidate elected to serve the unexpired term of District
4.
SECTION 2. The City Council hereby establishes the qualifying period for the Special
Election — Primary, commencing at noon on Monday, January 3, 2012 and ending at noon,
Friday, January 6, 2012.
SECTION 3. The City Council hereby approved the attached agreement with the Volusia
County Supervisor of Elections marked as Exhibit "A" and authorizes the City Manager to
execute same.
SECTION 4. The City Council hereby appoints the mayor, city manager and city clerk
as the City of Edgewater's canvassing board for this election.
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#2011 -R -24
SECTION 5. The Volusia County Supervisor of Elections shall provide all poll workers
for this election pursuant to the approved agreement.
SECTION 6. The City hereby elects not to provide for early voting for the Special
Election — Primary and Special Election — General.
SECTION 7. Conflicting Provisions. All conflicting ordinances and resolutions are
hereby superseded by this resolution to the extent of such conflict.
SECTION 8. Severability and Applicability. If any portion of this resolution is for
any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not
affect the remaining portions of this resolution. If this resolution or any provisions thereof shall
be held to be inapplicable to any person, property, or circumstances, such holdings shall not
affect its applicability to any other person, property, or circumstance.
SECTION 9. Effective Date. This resolution shall become effective immediately upon
passage and adoption or take effect on , 2011.
SECTION 10. Adoption. After Motion by
and Second by , the vote on this resolution held on
December 12, 2011 was as follows:
AYE NAY
Mayor Michael Thomas
Councilman Justin Kennedy
Councilwoman Gigi Bennington
Councilman Michael Ignasiak
District 4 VACANT
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#2011 -R -24
PASSED AND DULY ADOPTED this day of , 2011.
ATTEST CITY COUNCIL OF THE
CITY OF EDGEAWTER, FLORIDA
By:
Bonnie Wenzel Michael L. Thomas
City Clerk Mayor
Robin L. Matusick
Paralegal
For the 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 Special meeting held on the
legality by: Aaron R. Wolfe, Esquire day of 2011 under
City Attorney Agenda Item
Doran, Sims, Wolfe & Kundid
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#2011 -R -24
AGREEMENT FOR SERVICES AND MATERIALS
FOR MUNICIPAL ELECTION
Election Name: Special Primary Election
Election Date: February 7, 2012
Early Voting: 6 days Begins: January 30, 2012 Ends: February 4, 2012
Book Closing Date: January 9, 2012
Qualifying Period: 9:00 a.m. Tuesday, January 3, 2012 - Noon Friday, January 6, 2012
Logic & Accuracy Test Date: 1/27/2012 Time: 9:00 AM
Poll Worker Training: January 17, 2012 January 21, 2012
Location: ATC & DSC
Parties to Agreement: Volusia County Department of Elections (Department)
City of Edgewater (Municipality)
1. Candidate qualifying is responsibility of city. Method of qualifying is:
Verification of signatures on qualifying petitions will be performed by Department at 10 cents per
name. City to remind qualifiers to get petitions in early or run the risk of not having enough
signatures by deadline. Candidates must submit payment for verification at time of submission.
Payment must be drawn on campaign account and made payable to the County of Volusia.
2. Department will provide City one set each of recommended materials for candidate and political
committee packets, at no charge. City to notify candidates and political committees of date and
time of Logic & Accuracy Test.
3. Department will program the voting system software for each ballot style and obtain City approval
prior to placing printing order.
Charge for designing and programming= $90 per /style. Anticipated 8 X 90 $ 720.00
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4. Date ballot information to be provided to Department: 1/6/2012
Referendum information to be provided to Department: Primary: N/A
General: N/A
(Candidates' names are to be spelled exactly as candidates desire them to appear on ballot, but no
more than 24 spaces in length. For verification, City must fax to Department a copy of Loyalty
Oath sworn by candidate upon qualifying. (fax number 386 - 943 - 7073))
5. Date Department to submit ballot proof to city for approval: 1/6/2012
Date ballot proof approval by City is due to Department: 1/6/2012
6. Number of ballots to be ordered:
901 901 901
902 902 902
903 903 903
904 904 904
905 905 905
910 910 910
912 912 912
913 913 913
7. City will pay printer directly for printing costs. Prices are as follows:
11 inch Ballot = $235/M — 14 inch Ballot = $240/M — 18 inch Ballot = $250/M
Test Decks -$35 setup per /precinct plus standard per /ballot charge
Shipping -City will be billed for actual shipping charges
8. Department will mail advance notice to overseas electors at no charge.
9. Department to process requests for absentee ballots. City will be charged $2.50 per ballot, plus
postage, for each ballot processed.
Anticipated Number Of Ballots: X $ 2.50 = $ -
Anticipated Postage: X $ 0.64 = $ -
10. City is responsible for scheduling use of polling places. Department will provide City a list of all
polling place facilities containing precinct number, name, address, contact information, and rental
rates. City is responsible for drawing up contracts, having them signed, providing copies to the
Department, and paying owners of facilities for their use.
11. If change of polling location becomes necessary the Department is responsible for mailing "Polling
Place Change Notices" to affected voters. A charge of 25 cents per voter will be billed to the City
for this service when final election costs are calculated. There will be no charge if the change was
made at the discretion of the Department.
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12. The Department is responsible for scheduling poll workers for training class and election day
assignments. Optimal staffing is 6 poll workers for each exclusive precinct. Combined precincts
may require additional workers. Charge is $2.00 per poll worker for staff scheduling.
Number of poll workers to be assigned: 42 X $ 2.00 = $ 84.00
City is responsible for paying salaries and instruction class pay directly to poll workers.
Department will provide City with payroll sheets as soon as possible following the election.
The Department will notify municipalities of the appointment of all election boards pursuant to F.S.
102.012.
List of all poll workers by precinct to Cities: Date: 1/19/2012
13. Department is responsible for training poll workers at charge of $10 per worker, including supplies
and instruction manual.
Number of poll workers: 42 X $ 10.00 = $ 420.00
14. City is responsible for submitting the names of proposed poll watchers to the Department at least
two weeks prior to the beginning of Early Voting and two weeks prior to Election Day for the
Department to certify and include a list with precinct supplies.
Early Voting Deadline Date: 1/16/2012
Election Day Deadline Date: 1/24/2012
15. Department is responsible for arranging for transport of equipment to and from polling places.
Combined precincts will be counted as one. Estimated charge to be based on:
$ 170.00 per first precinct at a location
Anticipated Number Precincts: 7 X $ 150.00 = $ 1,050.00
$ 40.00 for each additional exclusive precinct at same location
Anticipated Number Precincts: X $ 40.00
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16. All advertising required by law is the responsibility of the City. However, if the City desires, it may
choose to take part in group advertisements of the Logic & Accuracy Test /Canvassing Board
meetings /polling place change notice, early voting notice and the sample ballot /list of polling
places. For the group advertisement, the Department will do the ad layout and contract for
advertising. The City's pro rata share of the cost of the advertisements will be based on the
percentage of overall space used for the City in the ads. The City will be billed for its costs after the
Department receives the bill for the advertisements.
City desires to take part in group ads: Yes N/A No N/A
Note: Any other advertising required by city charter or state statutes is the sole responsibility
of the City; please consult your attorney.
17. Canvassing Board members will be:
Total number of City representatives who will need to sit at Canvassing Board table:
Canvassing Board or its representative will be present for the Logic & Accuracy Tests
and will convene at 6:00 p.m. on election day to begin canvassing the absentee
ballots. City will certify the election results and file necessary documentation with the proper
authorities.
18. Department will conduct early voting at no charge if held at the Dept. of Elections only.
If City wishes to have an early voting site in addition to the Department of Elections the estimated $
cost is $5000.
19. City is responsible for paying Department for supplies /printed materials provided to polling places.
Combined precincts will be counted as one.
Number of precincts 7 X $ 10.00 = $ 70.00
20.
City is responsible for paying Department personnel to update voter records after election, charge to
be based on $10 per 1,000 registered voters in the districts running.
21 # of Registered Voters /1000 13.54 X $ 10.00 = $ 135.41
22. City deposit due by: 1/13/2012 A Total Of: $ 2,479.41
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23.
Two original signed contracts due to Department on: 1/13/2012
NOTE: AMOUNT OF DEPOSIT IS BASED ON ESTIMATED COSTS. THE DEPARTMENT WILL DO
EVERYTHING POSSIBLE TO KEEP COSTS AT A MINIMUM AND WILL REFUND TO CITY ANY
DEPOSIT MONIES NOT ACTUALLY NEEDED FOR ELECTION PURPOSES. SHOULD UNEXPECTED
CIRCUMSTANCES CAUSE COSTS TO RUN HIGHER THAN THE AMOUNT DEPOSITED, CITY IS
RESPONSIBLE FOR PAYING THE OVERAGE.
Signed:
Date:
(for Department)
Date:
(I'or City)
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