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HomeMy WebLinkAbout2000 09 15 Attorne3y Opinion - Dyson Drive Annexation.pdf09-15-00 16:28 BROWN WARD SALZMAN WEISS PA ID=407 425 9596 P02/03 BROWN, WARD, SALZMAN & WEISS, P.A. ATTORNEYS AT LAW Usher L. Brown' John H. Ward' Gary S. Salzman" Jeffrey S. Weiss Suzanne D'Agresta Anthony A. Garganeseo Scott D. Danahy James G. vickaryous Allison Carmine McDonald Alfred Truesdell Arthur P "Randy" Brown, Jr. ' Board Certified Civil trial Lawyer ° Board Certified Business Litigation Lawyer ° Board Certifio City, County & Local Government Law September 15, 2000 Via Facsimile Only Andrea Lorenzo-Luaces City Clerk City of Winter Springs 1126 E. State Road 434 Winter Springs, FL 32708 RE: Dyson Drive Annexation Dear Andrea: i 11 North Orange Ave., Suite 875 Post Office Box 2873 Orlando, FL 32802-2873 (407) 425.9566 (407) 425-9596 FAX Email: firm@orlandolaw.net Websiw www.orlandolaw.net I spoke with Sandra Goard, Supervisor of Elections, regarding the Dyson Drive annexation referendum. Ms. Goard indicated that the Supervisor of Elections would be unable to handle the Dyson Referendum election because of limitations to the Supervisor ofElections voting system. The City, therefore, has two options at this time. The first option would be for the Cityto concurrently organize and run a paper ballot election on November 7, 2000. The paper ballot election would have to be coordinated with the Supervisor of Elections and be held at the same time as the general elections on November 7, 2000. The second option available to the City would be to hold a special election at a date to be determined. If the City chooses to hold a special election, Ms. Goard indicated that the Supervisor of Elections could handle that special election on behalf of the City. In either case, you should know that the Supervisor of Elections has informed me that the voting books close on October 10, 2000. The voting register will be printed the week of October 23, 2000. These dates are important to keep in mind, because in either case, the City will have to SEP-15-2000 16:33 407 425 9596 9ey P.02 09-t5-00 16:28 BROWN WARD SALZMAN WEISS PA ID=407 425 9596 P03/03 Andrea Lorenzo-Luaces City Clerk September 15, 2000 Pa?e 2 identify which property owners living in the Dyson Drive area are eligible to vote in the annexation referendum. You should also note that Ordinance No. 2000-27 states that the annexation referendum for the Dyson Drive area can be held either on November 7, 2000, or the next special or general election thereafter. Therefore, if the City decides to choose option number 2, and allow the Supervisor of Elections to handle the Dyson annexation referendum, Ordinance 2000-27 would not have to be amended. I am sure that you have several questions regarding this matter. I suggest that you, Ron and I get together and discuss this matter more fully, so that we can advise the City Commission accordingly. \ r� Anthony A. Garga ese AAG:mw FIUOCSNOtyof Winter SprinyzkG=enl\Conr pondence',AndreLorenzo.Luacm.lr. Dyson Annex. Pefmw SEP-15-2000 16:33 407 425 9596 97; P.03 09-1`5-00 16:28 BROWN WARD SALZMAN WEI35 PA ID=407 425 9595 PE) 1/03 Brown, Ward, Salzman & Weiss, P.A. III North Orange Avenue Suite 875 Post Office Sox 2873 Orlando, Florida 32802.2873 (407) 425-9566 (407) 425-9596 fax e-mail address: brovvnu@osceola.kj2.fi.us e-mail address: firm@orl,7ndola .net Date: September 15, 2000 To: Andrea Lorenzo-Luaces, City Clerk, Winter Springs Fax: 4071327-4753 Froln: Anthony A. Garganese, City Attorney Pages (including this one): 3 File: Winter Springs/General/1193 If there are any questions regarding this fax, please call 4071425-9566. nis faesimde message is ottorneylehent privileged material and Is, accordingly confidential This message is intended oniyfor the Individual or entity named above. Ifthe receiver ofthir message is not the Intended recipient, please be advised that any dissemination, distrlburian. or copying ofthis communication Is stricrlyprohibited. Ifyou have received this communication in error please notify us by relephone tmmediately and return the original message to either above address via the U.S. Mail Thank you. COMMENTS: Please see attached correspondence dated September 15, 2000. SEP-15-2000 16:33 407 425 9596 98% P.01