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HomeMy WebLinkAbout2006 04 24 Regular Item 309 Supervisor of Elections COMMISSION AGENDA ITEM 309 Public Hearing Regular X Consent Informational April 24. 2006 Regular Meeting Mgr. / Dept. Authorization REQUEST: The City Clerk requests that the City Commission consider the request from the Seminole County Supervisor of Elections and make any decision they deem necessary. PURPOSE: This Agenda Item is being brought to the City Commission for their review, in accordance with Ordinance 2004-37 which dealt with the City legally opting out of Early Voting provisions at our City Hall. CONSIDERATIONS: Ordinance Number 2004-37 dealt with the City legally opting out of Early Voting at our City Hall. This was primarily due to the extra staffing and overtime hours that our City would have to provide, as another early voting location for the Seminole County Supervisor of Elections. When the issue of early Voting came up prior to the last Election, we felt that we could not accommodate Early Voting here at our City Hall, as this would involve many additional hours that at least someone from our City would have to be present for to open and close City Hall for each of the days designated by the Supervisor of Elections, in addition to the already full schedule of the City Clerk's Office. CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION REGULAR MEETING - APRIL 10,2006 REGULAR AGENDA ITEM 309 PAGE 2 0F 2 Also of major consideration are the City Commission and Advisory Board and Committee Meetings that are normally scheduled for the City of Winter Springs' Commission Chambers, as the hours of Early Voting and our already scheduled meetings will conflict. If the City Commission would like to reconsider this matter, as noted in Attachment "B", the Supervisor of Elections for Seminole County and/or his designee has offered to come before you at another Meeting to discuss this issue further with you. ATTACHMENTS: A. Ordinance 2004-37 B. Letter from the Honorable Michael Ertel, Supervisor of Elections for Seminole County RECOMMENDATION: The City Commission is asked to consider whether they wish to further consider the opening of City Hall for early voting in September and possibly invite the Supervisor of Elections for Seminole County and/or his designee to attend a City Commission Meeting to discuss this issue with you. COMMISSION ACTION: ATTACHMENT "A" ORDINANCE NO. 2004-37 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA AMENDING THE CITY OF WINTER SPRINGS CODE OF ORDINANCES, CHAPTER 2, ADMINISTRATION; EXEMPTING THE CITY FROM THE PROVISIONS OF SECTION 101.657, FLORIDA STATUTES, REGARDING EARLY VOTING BY CREATING A NEW SECTION 2-96 ENTITLED "EARLY VOTING EXEMPTION;" PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the Florida Legislature has adopted revisions to section 101.657, Florida Statutes, requiring supervisors of elections to provide early voting to its electors; and WHEREAS, the Florida Division of Elections, in an informal opinion to the City Attorney dated July 23,2004, authorized that the City may opt out of the provisions of the Florida Election Code not expressly applicable to municipalities, and specifically, the early voting requirements; and WHEREAS, the City Commission finds early voting would impose a financial burden on the City and that it is in the best interests of the City to opt out of the early voting requirements; and WHEREAS, the City Commission desires to create a new section 2-96, of the City Code, entitled "Early Voting Exemption;" and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests ofthe public health, safety, and welfare ofthe citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. The City of Winter Springs Code, Chapter 2, Administration, is hereby amended as follows: (underlined type indicates additions and stlikcout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 2. It is intended that the text in Chapter 2 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). City of Winter Springs Ordinance No. 2004-37 Page 1 of 3 CHAPTER 2. ADMINISTRATION * * * ARTICLE IV. ELECTIONS *** Sec. 2-96. Early Voting Exemption. The City of Winter Springs is hereby exempt from the early voting provisions of section 101.657. Florida Statutes. From time to time. the City may contract with the Seminole County Supervisor of Elections to conduct early voting for the City of Winter Springs at the office of the Supervisor of Elections and any other early voting sites the Supervisor may establish in public libraries and/or city halls. Section 2. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 3. Incorporation Into Code. This ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 5. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. ADOPTED by the City Commission of the City of Winter Splings, Florida, in a regular meeting assembled on the 23rd day of August : 2004. ATTEST: City of Winter Springs Ordinance No. 2004-37 Page 2 of 3 ANDREA LORENZO-LUACES City Clerk Approved as to legal form and sufficiency for the City of Springs only: Anthony A. Garganese, City Attorney First Reading: August 9, 2004 Second Reading: August 23, 2004 Effective Date: See Section 5. City of Winter Springs Ordinance No. 2004-37 Page 3 of 3 ATTACHMENT "B " SEMINOLE COUNTY SUPERVISOR OF ELECTIONS Michael Ertel - www.voteSeminole.org RECEIVED MAR 2 3 2006 CITY OF WINTER SPRiNGS RECEIVED MAR 2 4 2006 CITY OF WINTER SPRINGS OFFICE OF THE CITY CLERK March 17, 2006 Memo for City Managers: The Seminole County Supervisor of Elections office is committed to enhancing the voting experience for our citizens. To that end, we have scheduled five early voting sites for the 2006 election cycle. Current Florida law only allows our office to conduct early voting at our office, public libraries and city halls. It is our goal to open at least one and perhaps two more early voting sites for the 2006 cycle. Hence, we are asking for the opportunity to discuss the possibility of using your city hall as an early voting site for both the primary and general elections. There is a rather extensive amount of logistics involved with serving as an early voting site, including allowing our pollworkers to have early morning access to the polling room, as well as some security and communications issues. Hence, if you are considering allowing your city hall to serve as an early voting site, I think it would be best for us to discuss the logistical component before bringing the issue to your whole commission/council for consideration. You may contact me on my direct line at 407.708.7712 or email me at Ertel@VoteSeminole.org. Sincerely, A! Michael Ertel Seminole County Supervisor of Elections 1500 EAST AIRPORT BLVD., SANFORD, FL 32773 HOTLINE: 407.585.VOTE WWW.VOTESEMINOLE.ORG