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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 ' · ~-