HomeMy WebLinkAbout2002 01 14 Regular C Cancassing BoardCOMMISSION AGENDA
ITEM C
January 14, 2002
Meeting
REQUEST:
Consent
Informational
Public Hearing
Regular X
~2~
Mgr. / Dept.
Authorization
The City Manager requests that the City Commission appoint the City
Canvassing Board for the February 12, 2002 City of Winter Springs
Special Election dealing with the proposed Dyson Drive Annexation.
PURPOSE:
The purpose of this Agenda Item is for the City Commission to appoint
the City Canvassing Board for the February 12, 2002 City of Winter
Springs Special Election.
CONSIDERATIONS:
"In those years when the city conducts the election not in conjunction with
the county election, returns shall be canvassed by the city canvassing
board designated to canvass the returns in municipal elections. Such city
canvassing shall consist of the city clerk and two (2) members of the city
commission to be designated by the commission". [Section 2-93. Canvass
of return. -the City of Winter Springs' Code of Ordinances].
The City Canvassing Board is comprised of the following members:
• Two (2) Members of the City Commission
• The City Clerk
CITY OF WINTER SPRINGS
CITY COMMISSION
REGULAR AGENDA -JANUARY 14, 2002
REGULAR AGENDA ITEM "C"
PAGE 2 OF 3
As in past years, the Police Chief, or his designee, would escort the City
Canvassing Board in their duties.
The City Canvassing Board will need to attend the Logic and Accuracy
Test which will be done at the Supervisor of Election's Office on Friday,
February 8"', 2002 at 10:00 A.M. (Note: This will need to be advertised,
and the City Clerk will take care of the advertising).
The City Canvassing Board will need to meet at apre-arranged time and
location, on February 12, 2002. (Note: This will need to be advertised,
and the City Clerk will also take care of the advertising).
It is stated that the City Canvassing Board be appointed by the
Commission, as per Section 2-93. Canvass of return from the City of
Winter Springs' Code of Ordinances.
The last time a City Canvassing Board was appointed was in September of
1999, and Commissioner Robert S. Miller and Commissioner David W.
McLeod both served on the City Canvassing Board for the November 2,
1999 City of Winter Springs Municipal Election.
It would be advantageous to make this determination as early as possible,
so that the appointees are given as much notice as possible to plan their
schedules accordingly.
FUNDING:
None Required.
CURRENT SCHEDULING FOR THE CITY CANVASSING BOARD:
Friday, February 8`", 2002 - 10:00 A.M.: The City of Winter Springs'
Canvassing Board will need to attend the "Logic and Accuracy Test"
which will be done at the of the Supervisor of Elections, Ms. Sandra S.
Goard, 116 West ls` Street, Sanford, Florida 32771
Tuesday, February 12, 2002: The City of Winter Springs' Canvassing
Board will need to meet at apre-arranged time and location.
C[TY OF WINTER SPRINGS
CITY COMM[SSION
REGULAR AGENDA -JANUARY 14, 2002
REGULAR AGENDA ITEM "C"
PAGE 3 OF 3
STAFF
RECOMMENDATION:
Staff suggests that the Commission appoint two (2) Members of the City
Commission and the City Clerk as the City Canvassing Board for the
February 12, 2002 City of Winter Springs Special Election.
ATTACHMENTS:
A. Section 2-93. Canvass of return -the City of Winter Springs' Code
of Ordinances.
B. Excerpt from the September 13, 1999 City Commission Regular
Meeting Minutes.
COMMISSION ACTION:
ATTACHMENT
"A
be eligible to vote in all municipal elections.
(Code 1974, § 2-36)
State law reference(s)--Qualifications of municipal electors, F.S. § 166.032.
Sec. 2-90. Voting places.
In those years when the city conducts the election not in conjunction with the county
election, voting places for municipal elections shall be designated by the city commission. The
location of the voting places shall be included in the mayor's proclamation called for by section 2-82
above. In the event there should be a runoff election, the same voting places shall be used.
(Code 1974, § 2-38)
Sec. 2-91. Voting machines.
Voting machines shall be used for voting in the municipal elections provided for in this
article in the same manner as such machines are used for voting in state and county elections.
(Code 1974, ~ 2-39)
Sec. 2-92. Absentee voting.
A;~sentee voting in the municipal elections provided for in this article shall be permitted and
governed by F.S. §§ 101.62 through 101.70.
(Code 1974, § 2-40)
Sec. 2-93. Canvass of return.
In those years when the city conducts the election not in conjunction with the county
election, returns shall be canvassed by the city canvassing board designated to canvass the
returns in municipal elections. Such city canvassing board shall consist of the city clerk and two (2)
members of the city commission to be designated by the commission. The canvassing board shall
canvass the returns and issue their certificate pursuant to F.S. chs. 101 and 102 and issue its
certificate of election to the successful candidate. The certificate of the canvassing board shall be
issued in triplicate; one (1) copy to be deposited with the city clerk, one (1) copy shall be delivered
to the city commission, and one (1) copy shall be posted on the public bulletin board in the city hall.
Such certificate shall be recorded in the minutes of any meeting of the city commission held
immediately following the filing of the certificate. In years when the county supervisor of elections
conducts the municipal election, the county canvassing board shall be designated to canvass the
returns of the municipal election.
(Code 1974, § 2-41)
Sec. 2-94. Applicability of Code to election where questions are submitted.
At all elections at which any question is submitted to the electors, including bond issues,
this article shall apply to the extent that it can be made applicable and is not preempted by the
general election laws of the state.
(Code 1974, § 2-42)
State law reference(s)--Bond referendum, F.S. § 100.201 et seq.
Sec. 2-95. Additional duties of city clerk.
The city clerk is authorized and directed to have prepared such forms and perform such
ministerial duties as are required by this article by necessary implication in order to accomplish the
objectives of this article, and the intent of the city commission in adopting it.
(Code 1974, § 2-43)
Secs.2-96--2-115. Reserved.
ARTICLE V. ANNEXATIONS AND REZONING*
"Cross reference(s)--Buildings and building regulations, Ch. 6; land development, Ch. 9;
streets, sidewalks and other public places, Ch. 17; zoning, Ch. 20.
State law reference(s)--Annexation procedure, F.S. ch. 171.
ATTACHMENT
«B~~
CITY OF WINTER SPRINGS
MINUTES
C[TY COMMISSION
REGULAR MEETING -SEPTEMBER 13, 1999
Page 19 of 24
There was brief discussion with Mr. Schrimsher in reference to submitting a site plan;
and interfering with the rights of Property Owners.
C. Community Development Department -Land Development Division
Presents To The Commission The Recommendation Of The Planning And Zoning
Board ~s It Relates To The Winter Springs Golf Course Parking Lot
Improvements. (Withdrawn At The Request Of The Applicant)
Note: As stated above, this Agenda Item was withdrawn.
F. Community Development Department -Land Development Division
Presents To The Commission A Proposed Encroachment Agreement To Allow An
Existing Swimming Pool And Also To Allow The Construction Of A Six (6) Foot By
Forty (40) Foot Wood Deck (As An Adjunct To The Existing Swimming Pool) And
A Pool Screen Enclosure To Be Located On A Public Easement.
Mr. LeBlanc addressed encroachment agreements; vacating easements; the Property
Owner's request; the easement being a utility easement; and that the Public Works/Utility
Director had no objection with encroachment agreement.
Mr. Alan Avery, 1069 Chokecherry Drive, Winter Springs, Florida: advised the
Commission that he is the Owner of the property in question and spoke about the
conservation area, and the easement.
"I'D LIKE TO MAKE A MOTION THAT THE COMMISSION APPROVE THE
ENCROACHMENT AGREEMENT, NOT TO EXCEED FIFTY-FIVE FEET BY
TWELVE FEET AS OUTLINED IN ITEM F". MOTION BY COMMISSIONER
McLEOD. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION.
VOTE: COMMISSIONER BLAKE: AYE; DEPUTY MAYOR GENNELL: AYE;
COMMISSIONER MILLER: AYE; COMMISSIONER MARTINEZ: AYE;
COMMISSIONER McLEOD: AYE. MOTION CARRIED.
G. City Manager
Re>Iuests That The City Commission Appoint The City Canvassing Board For The
November 2, 1999 City Of Winter Springs Municipal Election.
Commissioner Robert S. Miller and Commissioner David W. McLeod both volunteered
to serve on the City Canvassing Board.
MOTION BY COMMISSIONER BLAKE. MAYOR PARTYKA CLARIFIED BY
SAYING, "THE MOTION IS FOR COMMISSIONER MILLER AND
COMMISSIONER McLEOD TO BE ON THE CANVASSING BOARD".
SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE:
COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE;
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING -SEPTEMBER 13, 1999
Page 20 of 24
COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE; DEPUTY
MAYOR GENNELL: AYE. MOTION CARRIED.
• • AGENDA CHANGE: REGULAR AGENDA ITEM "J" WAS ADDED
ONTO THE AGENDA IN THE BEGINNING OF THE MEETING BY MAYOR
PART~1'KA. • •
J. INTERIM CITY ATTORNEY
Mayor Partyka announced his Appointment for the Interim City Attorney as Mr. Alan
Watts, Esquire; and provided the Commission with background on Mr. Watts.
The Commission discussed possibly having an "interview process" with Mr. Watts; a
time period for the Interim City Attorney; and being provided with more information in
advance.
The Majority of the Commission requested to have more time to review information
regarding Mr. Watts and were not ready to confirm the Mayor's Appointment.
Tape 3/~;ide A
Mayor Pr~rtyka advised the Commission, "I'm on record, this is the person I'm going to
recommend, subject to your approval, subject to getting all the necessary data".
VII. REPORTS
A. Legal Counsel
Attorney Guthrie spoke to Commissioner Martinez regarding what the Florida Statutes
says in reference to putting a Referendum on the ballot.
B. City Manager -Ronald W. McLemore
• Land Development Status Report
Manager McLemore asked for feedback from the Commission regarding the Land
Development Status Report.
There was much discussion regarding what information each Commissioner would like
the report to contain.
Commissioner Miller stated, "Point of Order, Mr. Mayor, we need to go beyond eleven
o'clock, if we're going to go beyond eleven o'clock".