120794-Special MeetingMINUTES
City Commission, Sanford, Florida
Special Meetinq
Decedaer 7
19 94
The City Commission of the City of Sanford, Florida, met in Special Meeting on
Wednesday, December 7, 1994, at 12:00 o'clock P.M. in the City Commission Room, City Hall,
Sanford, Florida.
Present:
Mayor-Commissioner Bettye D. Smith
Commissioner Whitey Eckstein
Commissioner Robert B. Thomas, Jr.
Commissioner A. A. McClanahan
Commissioner Lon K. Howell
City Attorney William L. Colbert
City Manager William A. Simmons
Deputy City Clerk Linda L. Brace
Absent: City Clerk Janet R. Dougherty
The Chairman called .the meeting to order to receive the Certificate of Results of
the Municipal General Election held on December 6, 1994, for the purpose of electing one
Commissioner, District 1.
The Certificate of Results for the General Election held on December 6, 1994, was
received as follows:
SANFORD GENERAL ELECTION, TUESDAY-DECEMBER
** Summary Report **
Number 5.
COMMISSIONER DISTRICT 3 1/ 1
100.0
KERRY D. LYONS 233 50.8
A. A. MCCLANAHAN 226 ~9.2
REGISTRATION & TURNOUT
PE'ECINCiT BAd'OrYX'CAST 7
ABSENTEE BALLOTiS,~CAST I~
TOT ELIGIBLE ~'6%'~RS 30 ~
TOTAL BALLOTS CAST 460
1~.3'
15,0
1994
Printed on 12/06/94 at
SA~FORD GENERAL ~ECTI. ON-~ TUESDAY,~QE,CEMBER 6,
Precinct 000~001V; PRECINCT 1.
1994
Printed on 12/06/94 at
Tallied HH 12/06/94 at
:==== ........ =::F~=:=:=-m ......... ----TI
COMMISSIONER DISTRICT 3
KERRY D. L~ONS ~ r--J,, ......
~A. EA. MCCLANA:HANi. 207
:=::~==:=::i~::=::=:::==:== ............ :
REGISTR~ATION & TURNOUT
ACCUMULATIVE V~TE ~ 3D,58
PRECINCT BALLOTS CAST' 437 1~..3
I
~BSENTE~Ei~iB~:,LL:OTS CAST
lOT ELI'GZBiLE VOTERS
3.7, NPRO:O000 SANF:0437
SANFORD GENERAL ELECTION, TUESDAY-DECEMBER 6,
Precinct 000100A ABSENTEES
COMMISSIONER DISTRICT 3
KERRY D, LYONS 4 17.4
A, A, HCCLANAHAN 19 82,6
REGISTRATION & TURNOUT
ACCUMULATIVE VOTERS
PRECINCT BALLOTS CAST 0,0
ABSENTEE BALLOTS CAST 23
TOT ELIGIBLE VOTERS
lggb
Printed on 12/06/9~ at
Tallied HH 12/06/9~ at
318
MINUTES
City Commission, Sanford, Florida SPecJa] Meetjnq
December 7
19 94
(City Clerk Janet Dougherty joined the.meeting.)
Mayor Smith reported receipt of a letter from Commissioner McClanahan dated
December 7, 1994, protesting the election returns to the canvassing board in accordance with
Section 102.166(1) Florida Statutes, ~ copy of said protest was distributed to the member~
of the Commission and candidate. Kerry Lyons. The basis for the request to investigate,
examine, check and correct the returns were summarized as follows: 1) persons were allowed
to go in and out of the polling area, standing at the entrance and conversing with the police
officer on duty, and other persons; 2) the machines were difficult to operate, and 3) for a
manual recount of the ballots and an inspection of all voting machines used in the election.
City Attorney William Colbert reported that the City Commission is considering
whether or not to certify the election returns, that the Commission has received a computer
print out produced through the Supervisor of Elections Office as result of the ballots being
counted by machine last night, that Commissioner McClanahan has filed a protest with the City
Clerk, and that from a legal standpoint, the Commission can either certify the returns, or
order a recount of the returns and specify the method by which said recount shall occur.
Further, according to Florida Statutes Section 102.150(4), if a candidate was
defeated/eliminated by 1/2 of 1% or less of the votes there is a mandatory recount, which is
not the case in this situation, however, under Florida Statutes Section 102.166 a candidate
has the right to file a protest, and Subsection (4) (c) states that the canvassing board may,
not shall, authOrize a manual recount. Also, items one (1) and two (2) have no direct
bearing on a recount. Also, if the results are certified the candidate has the right,
within 10 days, to file a protest with the circuit judge, who can address all three of the
items above.
Mayor Smith reported, as a member of the canvassing board, that the ballots were
counted correctly, and that she would go along with a recount of the ballots by machine only,
Commissioner Howell concurred that the ballots were counted correctly.
Commissioner Eckstein moved to accept and certify the returns of the December 6,
1994, Municipal Election, and declared Kerry D. Lyons as the winner in District 3; and
declared Commissioner Eckstein the winner in District 4, as a result of no opposition.
Seconded by Commissioner Howell and carried by the vote of the Commission as follows:
Mayor Smith
Commissioner Eckstein
Commissioner Thomas
Commissioner McClanahan
Commissioner Howell
Aye
Aye
Aye
Abstained
Aye
Commissioner McClanahan requested that the machines and ballots be isolated and
protected, and the City Clerk stated that she would be convey same to the Supervisor of
Elections Sandy Goard.
Commissioner Thomas moved to authorize payment in amount of $90.00 to the
Inspectors and the Deputy, and $110.00.to the Clerk, plus mileage to deliver the ballot box.
Seconded by Commissioner Howell and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
MINUTES
City Commission, Sanford, Florida Spe¢£al bieet±nc3
319
December 7,
994
The City Attorney reported that if a petition/protest is received by the court
within the next 10 days the court will probably set a hearing date quickly. Further, the
City Attorney's Office, on behalf of the City, normally files an answer and functions as a
neutral party and answers questions and provides information, and unless directed otherwise,
he will proceed accordingly; the Commission gave no other direction.
Attest:
~ City clerk
There being no further business, the meeting~w s ' · ~-