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05-11-1983 - Special ~ ~ ~ ~ ~ CITY COUNCIL OF EDGEWATER SPECIAL MEETING MAY 11, 1983 MINUTES Mayor David Ledbetter called the Special Meeting to order at 4:00 P.M. in the Community Center. The meeting was for the confirmation of the election results and the absentee ballots tabulation. ROLL CALL Mayor David Ledbetter Councilwoman Gigi Bennington Councilman Neil Asting Councilman Jack Spencer Present Present Present Present City Attorney Jose'A1varez City Clerk Nancy B1azi Police Chief Earl Baugh Present Present Present Mr. Frank Opal spoke to Council and challenged the absentee ballot votes on the grounds that the procedure that is being followed is irregular and not according to the election law chapter 10.62 to 10.75 page 407. He said he was informed that morning through the election office that the action taken by the City Clerk and the Deputy Clerk to count ballots is legal and he wants.-to know why. He said he can't find anything in the election law that stipulates that's so. He referred to pages 407 through 412. He said he didn't want to stop the count of the ballots that are on hand today but he's challenging the entire method and procedure and the way it'~ carried out. He said City employees are not allowed to open closed ballots and we have that today, and it should be eliminated. He said from his interpreation of the chapter, the City Clerk, who's the Supervisor of Elections in Edgewater, must deliver those absentee ballots by 7 P.M to each precinct and the election board tabulates everything and makes a recording. He said he inquired why we keep the ballots until the next day and this isn't according to law. Mayor Ledbetter said these procedures have been followed all these years and there were two former mayors in the audience and this could be taken up with the City Attorney if necessary. Mr. Dana Armstrong, former Mayor, said he's lived in Edgewater for 27 years and partici- pated in 14 elections. He said until five years ago, held never heard of City employees opening absentees in Edgewater. He said before the meetings would be called to order and then they would be turned over to the elections boards for their reports. Mr. Robert Christy, former Mayor, 1916 Evergreen Drive, said he's been in the City since 1971 and has attended almost all meetings and up until about a year ago there was an election board doing the results. He asked Mrs. B1azi if Mrs. Odham had advised that we didn't need the election board doing that any longer, and asked why.this process wasn't questioned previously. He then asked the City Attorney for his interpretation of this. Mrs. B1azi said to clarify the City Charter calls for a meeting at 4:00 the following afternoon as the City Council sits as a canvassing board to canvass the election results and last year when they went to two precincts, the City Clerk was told she was to stay at City Hall and have all results from the machine elections brought to her and the absentee ballots would be opened the next day at 4:00. She said that Susan Hadsworth is not just a City employee, she is deputized also by Katherine Odham as the City Clerk is, as a Deputy Supervisor of Elections. City Attorney Alvarez asked what brought this up today and Mr. Opal replied it was for study from now on. as of this date. City Attorney Alvarez said if we're following the procedures recommended by Mrs. Odham's office then the objection is noted for the records. The Mayor and City Clerk opened the results from the two precincts. From precinct 24 there were 277 yes and 271 no, and from precinct 24A there were 301 yes and 325 no, for a total at that point of 578 yes votes and 566 no votes. There was a recess to open the absentee ballots which totalled 27, and two that did not have notarized envelopes as required. Attorney A1varez'advised these two not be opened, as they cannot be counted. i. ~ u Meeting was called back to order by Mayor Ledbetter. City Clerk Nancy Blazi stated that prior to reading the absentee ballots, she certified that they all were received at City Hall on or before 5:00 PM Monday, May 9th. Deputy City Clerk Susan Wadsworth read the ballots which totalled 13 yes votes and 14 no votes. Police Chief Earl Baugh read the ballots one more time for confirmation and the totals agreed. City Clerk Nancy Blazi read the grand totals of 591 yes and 580 no. City Attorney Alvarez read Resolution No. 83-R-42. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, DECLARING THE RESULTS OF A SPECIAL ELECTION HELD ON MAY 10, 1983, FOR THE PURPOSES OF DETERMINING WHETHER SECTION 9A OF THE CITY CHARTER OF THE CITY OF EDGEWATER SHOULD BE REPEALED IN ITS ENTIRETY; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. City Clerk Nancy Blazi filled in the results on the resolution page. Councilman Asting moved to adopt this Resolution. Councilman Spencer seconded the motion. Motion CARRIED 4-0. Councilwoman Bennington moved to adjourn the meeting. Councilman Asting seconded the motion. Meeting was adjourned. Minutes submitted by: Lura Sue Koser Cidut;[JC ~tVi~ ~ ~AYOR J. . ~ COUNCILMAN - ZONE ONE /~.~~ COUNCI~OMAN - ZONE TWO -)tl~ tQ; COUNCILMAN - ZO E THRE C)Q~II L~J';. y COUNCI[MAN _! ZONE/FOUR '- tJ I r/ ~ ~ ATTEST: ~~-t?~~ d 1h-<~A~ CITY CLERK t7 Approved this ~ day of r1€~~ , 1983. ~ C ~ 1,Q) C ~Q~fht" AYOR - -2- Special Council Meeting Minutes May 11, 1983