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120496 sm~A05354 289 MINUTES City Commission, Sanford, Florida Special Meeting December 19 96 The City Commission of the City of Sanford, Florida, met in Special Meeting on Wednesday, December 4, 1996, at 12:00 o'clock P.M. in the City Commission Room, City Hall, 300 North Park Avenue, Sanford, Florida. Present: Mayor-Commissioner Bettye D. Smith Commissioner Whitey Eckstein Commissioner Robert B. Thomas, Jr. Commissioner Lon K. Howell Commissioner Kerry D. Lyons City Attorney William L. Colbert City Manager William A. Simmons City Clerk Janet R. Dougherty The Chairman called the Meeting to order to review/accept/ratify the returns of the December 3, 1996 Regular Election as submitted by the Canvassing Board, and declare the winners in each race or the individuals to be in the Runoff Election. The Statement of Votes Cast for the Regular Election held on December 3, 1996, was received as follows: Ti~E : Regular Election of Sanford Dec 3, 1996 CITY OF SANFORD Mayor, City of Sanford (Vote for One) LARRY D. LARRY DALE LYN DONATO SARA RES T/O % SANFORD DISTRICT i 4759 1281 26.92 SANFORD DISTRICT 3 4290 811 18.90 SANFORD DISTRICT 4 4472 575 12.86 SANFORD DISTRICT 2 3947 754 19.10 BLAIR TOTAL 64 75 40 11 TOTAL 314 219 246 65 TOTAL 63 99 46 37 JACOBSON TOTAL 277 185 151 40 Absentee Lake Mary 0 '" - 0 0 0 0 Absentee Sanford 0 232 - 10 32 7 43 I TOTAL I, 17~68 ;3653 .20 9'1; .i . 20~0 ~] '876 ' 252 696 I CITY OF SANFORD : T A. A. (MAC) ~ DEAN RAY ~ VERN SPEARS I BOB THOMAS ISANFOR~~ ' i ~,' ; I.' ~' ':~'/~ ;; k TQ~AL | TOTAL ~ TOTAL _[ TOTAL ISANFORD DISTRICT 4 ~ ] ~472 ~575 12~86 t' 52 | 3 | 7 28 ISANFORD DISTRICT 2 ' } 3947, 7,$4 19 10 | 25 | 16 13 4 IAbsentee Lake Mary ~ ~ ~ ~ · ' |Absentee Sanford , ~ I 0 . 232 -- I 3~.' [ o-u I 3° I 900 RACE Sanford City Comm Dist I (Vote for One) CITY OF SANFORD A~ ':G. BRADY: WALT RICK DeLATTIBEA- LESSARD PADGETT SHEAPER UDIERE REG T/O % TOTAL TOTAL =~8~-~ ....... ~8~ ...... ~ u'~' ~ I 4290 811 18.90 - . _ | _ I SANFORD DISTRICT 4 I 4472 575 I SAN;ORD D_~S?RICT 2 . ' I ·3"p47~ 754 ~9.I~e - ;-: - _ . , IAbsen~e;e san~ord ' I ' 0 232 -: J . 39 28 . 27 ITOTAL ' J 1746S 3653 20,91 325 570 I 334 5 RACE San~ord City Coma Dkst San~ord Proposed 2 (Mote t2or One] Charter YES or NO CITY OF SANFORD VERDELL R. VELMA HAYES PUGH WILLIAMS YES NO SANFORD DISTRICT I 4759 1281 26.92 SANFORD DISTRICT 3 I 4290 811 18.'90 SANFORD DISTRICT 4 ~ 4472 575 12.86 SANFORD DISTRICT 2 [ 3947 754 19.10 .A~.sen~ee ~ak9 Mary I 0 ' - Absentee ~anzord J 0 232 - 17468 3653 20.91 ..................=TOTAL=m == = " TOTAL= = ' ~8~k.~ ..................TOTAL = 492 368 300 ~ ~ 330 164 i 1 6 7 32~ 255 0 0 'u 0 14 37 128 38 135 TOTAL 644 1703 1249 290 MINUTES City Commission, Sanford, Florida Spec£al Meeting December 4 1996 The Chairman reported receipt of a letter from District 1 candidate Alfred G. DeLattibeaudiere dated December 4, 1996, requesting a recount of the votes cast in District 1. Commissioner Thomas moved to recount the votes ,cast in District 1 for the December 3, 1996 Regular Election as requested by Mr. DeLattibeaudiere. Seconded by Commissioner Howell. City Attorney~William Colbert stated that according to Florida Statutes 102.141 (4), a margin of .5% is the minimum percentage required for a mandatory recount, and the 9 vote difference between votes cast for Mr. DeLattibeaudiere and the next closest candidate is .68%; therefore, under Florida Statutes, a recount is not mandatory. when asked by Commissioner Eckstein if he was concerned about any irregularities, Mr. DeLattibeaudiere said he'was not. Commissioner Howell stated that he thought a recount should be done in view of the 9 vote difference. In response to Commissioner Eckstein's inquiry regarding how ballots are counted/rejected, Mayor Smith, Commissioner Lyons and City Clerk Janet Dougherty, as members of the Canvassing Board, explained how ballots are counted by machine, and how questionable ballots are first scrutinized by the Canvassing Board for signature verification and proper witnessing, then rejected or accepted accordingly. City Attorney Colbert reiterated that a recount is not mandatory, but optional; that if the motion passes, the Commission would not certify the election results today, but would need to convene at a time certain following the recount to do the certification; and that if the motion fails, the election results can be certified today and if Mr. DeLattibeaudiere wishes to protest the election results, he has either 5 days from the date of the election to file a protest with the City Commission or 10 days from the date of the election t© file an appeal with the court. ~ The Chairman called for a vote on the aforesaid motion to recount the votes cast in District i for the December 3, 1996 Regular ElectiOn as requested by Alfred G. DeLattibeaudiere. Motion failed to carry upon roll call vote as follows: Mayor Smith Nay Commissioner Eckstein Nay Commissioner Thomas Aye Commissioner Howell Aye Cov~issioner Lyons Nay Commissioner Thomas moved to accept and ratify the returns of the December 3, 1996 Regular Election as submitted bY the Canvassing Board; declare Velma H. Williams as the winner in District 2; declare the revised Charter of the City of Sanford, Florida, as set forth in Ordinance No. 3305, adopted; and declare Larry Dale and.Bob Thomas as candidates for Mayor, and Brady Lessard and Walt Padgett as candidates for District 1 Commissioner in the Runoff Election on December I7, 1996; vote: of the Commissionas;lfOllows:. Seconded by Commissioner Eckstein andcarried by the Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Nay Commissioner Lyons Aye Commissioner Howell moved to authorize payment to the pollworkers in amount of $90.00 to the Inspectors and Deputies, and $110.00 to the Clerks. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye F_.405354 291 December 4 MINUTES City Commission, Sanford, Florida Special Meetinq Commissioner Eckstein moved to appoint the poll workers and authorize the Mayor to execute the Proclamation calling for a Runoff Election on December 17, 1996. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner HoWell Aye Commissioner Lyons Aye Douglas Street, reported a problem with poll workers Bernard Mitchell, 1327 directing voters to the wrong polling places, and was concerned that this may have affected the election results. The Chairman recommended that Mr. Mitchell direct his suggestions and concerns, including specific instances of such problems, to City Clerk Janet Dougherty. There being no further business, the meeting was adjourned. 19 96 Attest: