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Res. No. 152-05-12131RESOLUTION NO.1 5 2-0 5-1 ?1 ^1 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA RELATING TO THE FEBRUARY 14,2006 GENERAL ELECTION OF THE MAYOR AND CITY COMMISSIONERS FOR GROUPS,I AND IV;PROVIDING FOR ADDITIONAL LABOR HOURS TO CONDUCT EARLY VOTING IN THE AMOUNT OF $3,920.50 TO BE CHARGED TO ACCOUNT NO. 011-1200-512-4920 "ELECTIONS";AND PROVIDING AN EFFECTIVE DATE. WHEREAS,theCityCommissionoftheCity of SouthMiamidesirestoscheduletheday,place andtime of earlyvotingbyresolution;and WHEREAS,theearlyvotingrequiresadditional Miami-Dade County Election's Office staff labor hoursto conduct early voting;and WHEREAS,the amount of $3,920.50 topayforthe additional labor to conduct early voting will be charged to account no.011-1200-512-4920,witha current balance of $9,000.00. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section 1.That early voting forthe2006General Election willbe conducted Thursday,and Friday,February 9and10,with thepolls opening precisely at7:00a.m.,and closing precisely at3:00 p.m.;and Saturday,February 11,withthepolls opening precisely at9:00a.m.,and closing precisely at 5:00 p.m.. Section 2.Voting shallbe conducted atCityHall,6130 Sunset Drive,South Miami,Florida. Section3.The CityClerkshallpublishnoticeofsuchgeneral election onceaweekforfour consecutive weeksnext preceding thegeneralelectionina newspaper of general circulation inSouth Miami.The notice shall contain thedate,time,andplace of thegeneral election andidentifythe commission groups. Section 4.This resolution shall become effective upon adoption thereof. PASSED AND ADOPTED this /5 day of ^v^W^t2005. ATTEST:,/APPROVED: d ^ CLERK *JL ^26 READ AND-APPROVEQ AS TO FO COMMISSION VOTE: Mayor Russell: Vice Mayor Palmer: Commissioner Wiscombe: Commissioner Birts-Cooper: Commissioner Sherar: CIT^-ATTORNEY Additions shownby underlining anddeletionsshownby overstriking. FLORIDA HOUSE OF REPRESENTATIVES ENROLLED HB1567,Engrossed 2 2005 Legislature 2406 2407 2408 2409 2410 2411 2412 2413 2414 2415 2416 2417 2418 2419 2420 2421 2422 2423 2424 2425 2426 2427 2428 2429 2430 2431 2432 ...(Date)......(Voter•s Signature)... (2)The certificate shall be arranged on the back of the mailing envelope so that the line forthe signature of the absent elector is across the seal of the envelope;however,no statement shall appear on the envelope which indicates that a signature of the voter must cross the seal of the envelope.The absent elector shall execute the certificate on the envelope. (3)In lieu of the voter's certificate provided in this section,the supervisor of elections shall provide each person voting absentee under the Uniformed and Overseas Citizens Absentee Voting Act with the standard oath prescribed by the presidential designee. Section 45.Subsection (1)of section 101.657,Florida Statutes,isamended,present subsection (2)ofthat section is renumbered as subsection (4),and new subsections (2)and (3) are added to that section,to read: 101.657 Early voting.-- (1)(a)As a convenience tothe voter,the supervisor of elections shall allow an elector to vote early in the main or branch office ofthe supervisor by depooiting the voted ballot ina voting device uood by the aupcrvioor to collect or tabulate balloto.In order for a branch office to be used for early voting,it shall bea permanent full OGrvice facility ofthe supervisor and shall have been designated and used as such for at least 1 year prior totheelection.The supervisor may also designate any city hall or permanent public library facility as Page 91 of153 CODING:Wordsstrickenaredeletions;wordsunderlinedareadditions. hb1567-05-er FLORIDA HOUSE OF REPRESENTATIVES ENROLLED HB 1567,Engrossed 2 2005 Legislature 2433 2434 2435 2436 2437 2438 2439 2440 2441 2442 2443 2444 2445 2446 2447 2448 2449 2450 2451 2452 2453 2454 2455 2456 2457 2458 2459 early voting sites;however,ifso designated,the sites must be geographically located soasto provide all voters in the county an equal opportunity to cast aballot,insofar asis practicable.The results or tabulation of votes cast during early voting may not be made before the close of the polls on election day.Results shall be reported by precinct. (b)The supervisor shall designate each early voting site by no later than the 30th day prior to an election and shall designate an early voting area,as defined in s.97.021,at each early voting site. (c)All early voting sites in a county shall be open on the same days for the same amount of time and shall allow any person in line at the closing of an early voting site to vote. (d)-f^-Early voting shall begin on the 15th day before an election and end on the 2nd day before an election.For purposes ofa special election held pursuant tos.100.101,early voting shall begin on the 8th day before an election and end on the 2nd day before an election.Early voting shall be provided for afe leaot 8 hours per weekday and 8 hours in the aggregate each weekend at each site during the applicable periods.Early voting sites shall open no sooner than 7a.m.and close no later than 7 p.m.on each applicable day during the applicable periodo.—Early voting ahall aloo be provided for8 houro inthe aggregate for each weekend during the applicable periodo. (e)Notwithstanding the requirements of s.100.3605, municipalities may provide early voting in municipal elections that are not held in conjunction with county or state elections. Page92of153 CODING:Words strickon are deletions;words underlined are additions. hb1567-05-er FLORIDA HOUSE OF REPRESENTATIVES ENROLLED HB 1567,Engrossed 2 2005 Legislature 2460 2461 2462 2463 2464 2465 2466 2467 2468 2469 2470 2471 2472 2473 2474 2475 2476 2477 2478 2479 2480 2481 2482 2483 2484 2485 2486 Ifa municipality provides early voting,it may designate as many sites as necessary and shall conduct its activities in accordance with the provisions of paragraphs (a)-(c).The supervisor is not required to conduct early voting ifitis provided pursuant to this subsection. (f)Notwithstanding the requirements ofs.189.405, special districts may provide early voting in any district election not held in conjunction with county or state elections. Ifa special district provides early voting,it may designate as many sites as necessary and shall conduct its activities in accordance with the provisions of paragraphs (a)-(c).The supervisor is not required to conduct early voting ifitis provided pursuant to this subsection. (2)During any early voting period,each supervisor of elections shall make available the total number of voters casting a ballot at each early voting location during the previous day.Each supervisor shall prepare an electronic data file listing the individual voters who cast a ballot during the early voting period.This information shall be provided in electronic format as provided by rule adopted by the division. The information shall be updated and made available no later than noon of each day and shall be contemporaneously provided to the division. (3)The ballot of each elector voting early shall be counted even if the elector dies onor before election day. Section 46.Subsection (2)of section 101.663,Florida Statutes,is amended to read: Page 93 of 153 CODING:Words stricken are deletions;words underlined are additions. hb1567-05-er Original Message From:Menendez,Maria [mailto:MMenendez@cityofsouthmiami.net] Sent:Wednesday,November09,200512:19 PM To:'Mendez,John(Elections)' Subject:early voting estimate Hello John, To followup our conversation of yesterday,I really need afinal estimate So that I may finalize my resolution and meet today's deadline to place iton the November 15 City Commission agenda. Thank you for your time. Sincerely, !Maria M.'Menendez City Ckri 6130 Sunset (Drive SouthMiami,<FL 33143 TeO 305-663-6340 <Fcvq 305-663-6348 Email:mmenenaez@cityqfsoutHmiaminet From:Saiter,Rena (Elections)[mailto:RAS@miamidade.gov] Sent:Wednesday,November 09,20054:38 PM * To:MMenendez@cityofsouthmiami.net Cc:Saboya,Maria (Elections);Mendez,John (Elections) Subject:RE:earlyvoting estimate Maria,' Attached below please find an e-mail from John Menendez regarding the cost of early voting.If you nave any questions in the future,please feel free to contact Maria Saboya at 305-4998568 or myself at 305-499-8424. Thank you, Rena A.Saiter Accountant 3 Miami-Dade County Elections Department Hi Maria; Regarding the early voting (EV)estimate for $1,200 per site per day that was recently provided to you. Generally speaking this amount is for an early voting effort involving multiple sites.If a municipality decides to hold EV at only one site,the estimate may be closer to $1,000 per day.The cost of EV increases exponentially when additional sites are added to the effort.Please note that regarding the reimbursement of salary for staff assigned to early voting,it is the Elections Department's practice to only charge the municipality for the overtime cost of permanent county employees.However,the total salary (regular and overtime hours)ofseasonal employees is passed onto the municipality holding the election. In 2004,the City of South Miami held early voting at one site for five (5)days (Monday-Friday)leading-up to the General Election held on February 10th.Although the municipality was ultimately charged $3,160.57,the originally costforthe2004 EV was $4,185. You are now requesting a cost estimate for three (3)consecutive eight hour days of Early Voting at one A (1)site.The EV days would include one day (Saturday)on the weekend which involves overtime for staff J assign tothe EV site.Thecost estimate would total $3,920.5.The breakdown ofthe total is:' EV Staff -8 seasonal employees each working a total of 16 hours of regular time hours and 11 hoursofovertime;hourlypayrateis$12.74 Total -$3,544.27 =$1,630.72 (regular pay)+$1,681.68 (overtime)+$231.87 (FICA/MICA benefits) Supervisory staff -1 permanent employee (only the overtime salary would be charged to the municipality;11 hoursof overtime atanOT hourly rateof $26.31 Total -$376.23 =$289.41 (OT pay)+$86.82 (fringe benefits) Transportation cost-$50 (assuming noneedtorenttrucksto deliver and collect the equipment/supplies) Your concern of why thecost estimate is much higher than the actual EV cost in 2004 is understandable. Please keep in mind that whenever possible the Elections Department utilizes permanent county staff to work the early voting staff;hence saving the municipality cost of the salary for seasonal employees.Our experience shows that eight employees and one Supervisor must be assigned to each early voting site Specifically,EV staffing includes:the Clerk;Registra;Data Entry Specialist;3 Ballot Activators;Elections Specialist;PollDeputy. John E.Mendez MiamiDade Elections Department (305)499-8549 Office (305)972-8300 Mobile www.miamidade.QQv "Delivering Excellence Everyday" nnrtTr^fif0""^!,8 PUb'5 ^f*}"*to Chapter 119 of the Florida Statutes concerning public records.E-mail messages are coveredundersuchlawsandthussubjecttodisclosure.All E-mail sent and received is captured by our servers and kept asa public record. Page 1 of3 Menendez,Maria • From:Menendez,Maria Sent:Thursday,November 10,2005 10:08 AM To:'Saiter,Rena (Elections)' Cc:'Mendez,John (Elections)' Subject:RE:early voting estimate Hello Rena, Thank you for the estimate. However,I still need to explain tomy superiors the reason whyfor1/3of man hours thistime around,I'm getting an increase of approximately 131%on this year's estimate. In 2004 you provided staff from7:00a.m.-7:00p.m.,Monday-Friday:$4,200. vs In 2006:7:00 a.m.-3:00 p.m.,Thursday-Friday,plus9:00 a.m.-5:00 p.m.Saturday:$3,920. Again,please take into consideration that we are talking about the same number of staff and the same voting system. Thank you for your time. Sincerely, Maria M.Menendez City Ckri 6130 Sunset (Drive SouthMiami,<FL 33143 Vet 305-663-6340 Tax:305-663-6348 (Email:mmenendez@cityofsouthmiaminet