HomeMy WebLinkAbout2000 10 03 Regular C Rescheduling Dyson Annexation Referendum
City Commission Special Meeting
October 3,2000
City Manager Department Agenda Item "C"
COMMISSION AGENDA
ITEM C
CONSENT
INFORMATIONAL
PUBLIC HEARING
REGULAR X
10/03-00
Meeting
MGR. ?--- IDEPT
,
Authorization
REQUEST: City Manager requesting the City Commission to reschedule the
Dyson Annexation Referendum.
PURPOSE: The purpose of this agenda item is to have the Commission reschedule the
Dyson Annexation Referendum to a future date.
CONSIDERATION:
Sandra Goard's office has made us aware of her inability to provide automated election
boxes for the Dyson Annexation Referendum due to the number of candidates and issues
scheduled for the November General Election.
She is requesting that the Commission reschedule the election for another date.
The date for the Charter Referendum would be a good alternative. If the county does not
authorize the May referendum for re-authorization of the 1-Cent Local Option Sales Tax the
Commission could go ahead with the referendum since it is a very small election involving
only the people in the Dyson area.
Additionally, we will need to advise all of the residents to Dyson to the change by letter.
RECOMMENDATION:
It is ,recommended that the Commission choose an alternative date j)~r the Dyson
Annexation Election for May 8, 2001 and authorize the City Manager to inform the residents
by mail of the change.
ATTACHMENTS: City Attorney Letter of October 2, 2000.
COMMISSION ACTION:
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BROWN, WARD, SALZMAN & WEISS, ]~.A. OCT 032.,
A TTORNEYS AT LAW
Usher L. Brown ·
John H. Ward ·
Gary S. SalzmanO
Jeffrey S. Weiss
Suzanne D' Agresta
Anthony A. GarganeseD
Scott D. Danahy
James G. Vickaryous
Allison Carmine McDonald
Alfred Truesdell
Arthur R. "Randy" Brown, Jr.
CITY OF WINTeR S?RINGS
City Manager
III North Orange Ave., Suite 875
Post Office Box 2873
Orlando, FL 32802-2873
(407) 425-9566
(407) 425-9596 FAX
Email: finn@orlandolaw.net
Web-site: www.orlandolaw.net
· Board Certified Civil Trial Lawyer
o Board Certified Business Litigation Lawyer
o Board Certified City, County & Loeal Government Law
October 2, 2000
Via Facsimile and U.S. Mail
Ron McLemore, City Manager
City of Winter Springs
1126 E. State Road 434
Winter Springs, FL 32708-2799
Re: Dyson Referendum Election
Dear Ron:
After further discussions with the Supervisor of Elections and the Division of Elections in
Tallahassee, it appears that the City will be unable to hold a paper ballot for the Dyson Drive
Annexation Referendum on November 7, 2000. As you know, the Supervisor of Elections has
informed the City that she is unable to use a voting machine to conduct the Referendum election.
Although Section 171.0413(2)( d), states that "ballots or mechanical voting devises" can be
used in the referendum election pertaining to annexations, Section 101.36, Florida Statutes, states
that in counties with populations in excess of260,000, a municipality must conduct its elections with
voting machines or devises. It is, therefore, my opinion and advice to the City that the Dyson Drive
Referendum Election be held during a Special Election at which the Supervisor of Elections can
conduct the election by use of voting machines.
Ron McLemore
October 2, 2000
Page 2
Should you have any questions regarding this matter, please do not hesitate to contact me.
Anthony A. Gargane e, City Attomey
AAG:mw
cc: Andrea Lorenzo-Luaces, City Clerk
Richard Greenwood, Assistant to the City Manager
F:\DOCS\City of Winter Springs\General\Con.espondence\McLemore.ltr.re Dyson Referendum Election.mw