HomeMy WebLinkAbout1997 06 09 Regular Item E
COMMISSION AGENDA
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ITEM E
REGULAR X
CONSENT
INFORMATIONAL
June 9, 1997
Meeting
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Authorization
REQUEST: City Manager requests the City Commission to establish the voting requirements for the Oak
Forest Wall mail ballot.
PURPOSE: The purpose of this Agenda Item is for the Commission to determine who shall be authorized to
vote, and what the Commission shall determine to be a decisive vote relative to the Oak Forest
Special Assessment District.
CONSIDERA TIONS:
The mail out ballot for determining the desire of residents of Oak Forest to create a Special
Assessment District to construct and maintain a wall, and related landscaping for the subdivision
are scheduled to be mailed out on July 14, 1997, and returned by July 24, 1997.
Since there is no statutory direction relative to non binding mail out ballots the Commission needs
to make several policy decisions regarding the ballot as follows:
1) Who shall be allowed to vote and;
2) Does the Commission desire multiple parcel owners to have one vote, or one vote per parcel
owned.
3) Does the Commission desire to afford a decisive margins of victory.
Who Shall Vote
There are two options as follows:
1) Renters and property owners.
2) Property owners only.
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Since assessments represent an obligation against property, not persons, it is recommended that
only parcel owners be allowed to vote. This gives the added advantage of staff being able to match
voter list with parcel list, thus a verification of persons voting.
Multiple Parcel Owners
Within the subdivision there may be instances of property owners owning multiple parcels. This
raises the question as to whether property owners get one vote, or one vote per parcel owned.
Due to the fact that assessments are related to property benefited it is recommended that property
owners get one vote per parcel owned.
Decisive Margin
There are two basic options:
a) Do not set a decisive margin and retain full latitude to make a decision regardless of the number
voting and % of favorable votes
b) Establish a specific margin that will decide the Commissions's willingness to create the district.
It is recommended that the Commission decide a specific margin to give the voting process more meaning
and to give those working for and against a level playing field on which to persuade the voters.
However, the Commission could require that a minimum number of persons be required to vote in order
to have the decision decided by the ballot rather than at the full discretion of the Commission. For
example, the Commission could establish that in order for the vote to be valid at least 50 % of the parcel
owners must vote. Otherwise the Commission will retain full discretion to decide.
If the Commission decides to establish a decisive margin two questions need to be answered as follows:
1) Will the Commission require a % of the persons voting. For example, the Commission could
establish a simple majority of the persons voting to decide the issue.
2) Will the Commission require a % of the total possible number of votes. For example, the
Commission could require 50% + 1 of the total number of possible votes. Since there are
approximately 950 parcel owners, 476 favorable votes would be required to decide the issue in
favor of creating the district.
It is recommended that the Commission establish and publicize that the vote will be decided by a simple
majority of the persons voting. This puts the full responsibility on the public to vote. Furthermore, it is
the most commonly accepted method of voting.
FUNDING:
It is estimated that the mail ballot will cost approximately $1,500 including mail out cost and
production of a ballot and fact sheet. The general fund would advance the funds for the cost.
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RECOMMENDATION:
It is recommended that the City commission establish the following guide lines for the mail out ballot:
1) Persons authorized to vote shall be limited to parcel owners.
2) That parcel owners be limited to one vote regardless of the number of parcels owned.
3) That the ballot shall be decided by a simple majority of the persons voting.
4) That the City Commission retain full discretion to decide any challenges to the vote.
5) That the City Commission delegates the counting of the vote to the City Manger, Chief of Police
and the City Clerk.
6) That the City Clerk shall certify the results to the City Commission.
SCHEDULE:
The ballots shall be mailed out on July 14, 1997.
The ballots shall be received no later than July 24, 1997.
The ballots shall be counted on July 25, 1997.
The results of the count shall be published by the City Clerk on July 28, 1997.
ATTACHMENTS:
Sample ballot
COMMISSION ACTION:
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SAMPLE BALLOT
Shall the Winter Springs City Commission create as assessment district and
assess the property owner's of Oak Forest Subdivision of the Tuscawilla Planned
Unit Development (PUD) located in the corporate limits of the City of Winter
Springs an annual non ad-valorem assessment in an amount to be determined
according to the cost and benefit of the construction and perpetual maintenance of
an architectural quality wall for the purpose of providing public safety and
landscape beutification amenities to the residents of the Oak Forest Subdivision.
ESTIMATED ASSESSMENT $
John Doe
Signature
Date
I~~S
I Parcel I
Ballot #