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HomeMy WebLinkAbout86414 - MINUTES - City Commission MINUTES OF SPECIAL MEETING, CITY COMMISSION, CITY OF DANIA, FLORIDA, HELD FEBRUARY 15, 1964. The City Commission of the City of Dania, Florida met in Special Session in the Commission Room at the City Hall, PRESENT WERE: MAYOR COMMISSIONER VERA L. HILL COMMISSIONERS R. L. GRAMMER VIRGIL L. TARPLEY S. ELLIS YOUNG CITY MANAGER E. S. TUBBS, JR. CITY ATTORNEY CLARKE WALDEN CHIEF OF POLICE MONTIE F. SMITH CITY CLERK MARY THORNHILL Meeting called to order at 11:00 A. M. o'clock by Mayor Hill. S. Mayor Hill: The purpose of the meeting is to canvass the vote of , the special referendum election held February 14, 1964. Attorney Walden: We have five (5) absentee ballots to be counted. Mrs. Thornhill is familiar with the procedure. What you do in effect is open the envelopes, take out the ballots and mix them up before counting them aloud. The ballots were opened by the City Clerk and read aloud as follows: For 1 Annexation Against 4 Annexation All absentee ballots were from the Griffin area. .L. At this point Mayor Hill read the .results of the special referendum election held February 14, 1964 as certified by the duly appointed election officials. Also, being included are, the five (5) absentee ballots. The results were read as follows: CITY OF DANIA, FLORIDA J NORTH PRECINCT SOUTH PRECINCT WEST PRECINCT FOR ANNEXATION 114 304 93 AGAINST ANNEXATION 80 225 10 TOTAL VOTES CAST 194 529 103 TOTAL VOTED CAST IN THREE PRECINCTS 826 FOR Annexation 511 Against Annexation 315 GRIFFIN AREA FOR ANNEXATION 285 + 1 absentee = 286 AGAINST ANNEXATION 764 + 4 absentee = 768 TOTAL VOTES CAST 1,049 machine votes and 5 absentee votes = 1,054 d;, -1- • Attorney Walden: You may ask for objections to the results, tech- nically, they should be in writing if there are any. Mayor Hill called for objections to, the results of the election. Mrs. Rosenberg: Did the books coincide with the machines? • Commissioner Tarpley: At one point- they did not, how it turned out I do not know. Mrs. Rosenberg: The reason I ask is this-- there were some that were permitted to go in and vote where their names were not in the • books and they were not required to sign an affidavit or show other identification. It was not done according to the way an election should be held. As a matter of fact it was a one sided affair all the way through. No one was allowed to go in and speak to any one. I wanted to go in with some coffee and I was not allowed in. • Commissioner Tarpley: I went out there one time and I was told I violated the law when I spoke to a man. I asked since when was it breaking the law to speak to a man. • Commissioner Young: What did you say to the man? Commissioner Tarpley: I told him I thought it was a free country and that I could speak to any one I wished to at. any time. • Commissioner Young: What did you say to the man that you were talk- ing to ? Commissioner Tarpley: I spoke to Mr. Lucas and asked him how many had voted and I found out that over 1100 had cast their .vote and this was about 6:30 P. M. Mr. Westfall informed me of the number • of people that had cast their vote. Mr. Lucas: Did he inform you about anything pertinent to the polls? Commissioner Tarpley: He told me I could not talk to you, and that • I was not permitted inside. I was at the door, I was not inside of the building. Mr. Lucas: Did I ask you to. leave to save any trouble? Commissioner Tarpley: Yea that is right. Mr. Lucas: I might add to that the fact that your Chief of Police was on spot with the county sheriff when I was told I was to keep my mouth shut. That I was not to speak to any one, not even if my • wife came in. She did come in and I could not even ask her for a pack of cigarettes. Chief Smith: Mr. Lucas that is not true. We told you that you were not to talk politics to any one. • Mr. Lucas: I was told by the sheriff that .I was not to talk to any one under no circumstances, not even my wife. Mrs. Hill has the name of the sheriff that told me. Chief Smith: As far as I know that is not true, I did not hear that. ;r�,. -2- s Mr. Lucas: There are people sitting on this board that were there when a man asked me a simple question--- it was-- if Dania votes 0 yes and we vote no, would we still go into Dania? I told him that both sides had to vote yes before you' go- into Dania. It was not a political issue we were talking -about. Mayor Hill 's husband was standing there trying to explain it to him 0 and I told them at the time to keep down any harassment that they. would have to leave. About that time I was told the sheriff would be called. The poll watchers on the inside told me to shut up that I was trying to sway voters on the outside. I was told as early as 10:00 o'clock that I was going to be thrown out of the building 0 and locked up because I was impersonating a sheriff, that I had not been sworn in. I suggested they check with the city hall. The Broward County sheriff told me in the presence of other people that I had no business to be there. 0 Chief Smith: That is when I went out to get it straightened out. Attorney Walden: Under the State law, Chapter 101.57-- any protest should be in writing. Since we have no written protest I suggest you ask for a motion to certify the returns and get it over with. I don't think you can honor any verbal complaints. 0 Mrs. Rosenberg: We will write a protest right now. Attorney Walden: You will have to postpone the meeting. This is, my opinion-- what we have before the commission today. is simply an 0 ordinance that was adopted in December to annex the land. The ord- inance does require this referendum election, you had it, you did not get a majority in both areas, that„is-- the incorporated and . , the unincorporated area. If there is any great error made in the election, there is nothing to stop the commission from authorizing a new procedure tomorrow. That is -- a new ordinance and doing it all over again. Mr. Bizjak: We would like to protest in writing. As a worker in the booth, I saw a number of issues that were not in my estimation and many others, that were illegal procedures in the election being . held. Attorney Walden: What has ali that got to do with the outcome of the election? If any of the election laws were violated, the pro- cedure is to file complaints with the county solicitor's office. As I understand it, none of this .has anything to do with the results of the board out there. Commissioner Tarpley: For the sake of cutting out the arguments and you do want to file a written complaint, I will make a motion that we 0 defer this until our next regular ,meeting, 'which is Monday night, February 17, in order for you to present your complaint in writing. , Mayor Hill called for a second to the motion. There was not a second at this time. Commissioner Young: For a point of information, Counsellor, what would be the effect of deferring this? • • • Attorney Walden: None that I can see frankly, other than to have a record of any complaints about the procedures. It will not change • the outcome of the votes. You still have got to certify the vote. Commissioner Tarpley: Under the circumstances I do not see how we can certify the vote when there is a discrepency between the machine and the books. 0 Attorney Walden: If that be true, then you cannot. The officials out there have certified that everything is correct. Mr. , a member of the audience: Mr. Walden, if this • is proved true, what effect would it have upon the election? , Attorney Walden: None in my opinion. Mr. You would have to prove there were enough votes to have it thrown out. • Attorney Walden: Yes. Again, I do not see from the city's stand point, or anybody's stand point, where there is a major problem. If you, for example should find any gross irregularities existing out there, there is nothing to stop the commission from adopting another • ordinance and having another election. I am not trying to advise the commission, but I do not know that postponing it would have any real effect on the, election itself. Commissioner Tarpley: They want to have their protest in writing • in order for us to do any' thing about it. Attorney Walden: The law requires it in writing. Commissioner Tarpley: We could pass an ordinance now to have another • election. Attorney Walden: We could, except I do not have the ordinance. Commissioner Tarpley: We could authorize it to be drawn. • Commissioner Young: If this were deferred until Monday night, I doubt that it would have any bearing on the election. It just does not seem it would serve ny useful purpose. In other words, if they can prove that there were irregularities, I too have heard of some, would we not have a problem inasmuch as the books are back in the .• county office? Would we not have to have an iiijunctiop or something like that'.to compare the machines with the books? Are the machines still here? City Clerk: Yes. The registration books had to be returned this • morning. I have the name of•=very person that voted as supplied ,. by the election officials. The names can be checked against the cards in the registration books to verify they were qualified to vote. You also have a total on the number of people that voted on each machine on the returns. • -4- • Attorney Walden: What I am trying to tell you is this -- these ccm- plaints about deputy sheriff's impersonating other deputy sheriffs has nothing to do with the outcome of the total here. These are criminal violations and there are many, many sections in the elect- ion code that provides for misdemeanors and felonies for people that violate the law. If there have been any violations, then the person aggrieved should file a complaint with the county solicitor. The only thing you can properly consider is whether in some way these complaints will influence the outcome of the election. Mrs. Rosenberg: The people whose names were not in the books, the clerk called the county and they were allowed to vote. I was given to understand that no one was allowed to vote unless their name was • in the book. Attorney Walden: You can sign an affidavit and vote. Mrs. Rosenberg: They would not permit affidavits. • Attorney Walden: That was not my understanding. If some one has actual knowledge of any wrong doing they should make a complaint to the county solicitor so that these persons can be prosecuted for violating the criminal laws of the State of Florida. I would make the complaint instantly to the ,county solicitor if I had any know- ledge of it. Commissioner Young: One of the things that I heard was that some of the Colored voters were harassed and stopped before they got to the polls, thereby disenfranchising them of their right to vote. • They are only rumors as far as I am concerned. Another rumor was that a person came up in the afternoon and was stopped by a group of people across the street - and they were told that they had to vote against it. This again is only rumors, I have no personal knowledge of any of these things. • Commissioner Tarpley: There is a discrepancy in the poll list and the machine list. The voting list only shows 900 votes cast, yet we come up with a total of 1083. AAttorney Walden: I don't see how you can hold it up, you are just sitt'ng here getting involved in a circuit court suit. I cannot see shere we are going to win anything by it. If you see any gross errors you can have another election. Mr. Lucas: Mr. Walden, if the books are carried out right, then how can some people that lived outside the area, which is Playland Isles, that I actually stopped from voting. Attorney Walden: I cannot tell you what you ought to do. If you can show that to be true you should be at the county solicitors' • office at 8:00 o 'clock Monday morning, because people ought to be F put in jail if they are doing such things. Do you understand this- prima-facie Mrs. Gates records are right. The names on her list are the names of the people who do live in the area. Now if we are going to start saying that isn't true, we are in effect refuting Mrs. Gates records. I don't think this commission has a right to do that. We appointed her to work up the list, we are bound by `r whatever she tells us. Commissioner Tarpley: I would like to ask if you people would be willing to go along with another election? -5- When you start getting into something like this you are going to get tied up with a lot of legal technicalities that is .going to • require a lot of time and legal work. Mrs. Rosenberg: As I understand it, a referendum is held for homeowners. In this election people from the trailer parks voted. Attorney Walden: That is not right. This election was for all registered electors, there was ,no requirement that you had to be a freeholder. Mr. Is it possible to get an injunction to stop the county water from coming in until such time we canL get another referendum for the residents in the area to find out if we want county water? We have never been given a vote as to whether we wanted this water or not, it has been shoved down our throats. Attorney Walden: I am not going to advise you on that. I think you ought to get your own counsel. Commissioner Young: I think frankly that is out of our jurisdict- ion. Mr. Lucas: What can we do to .keep you from sending this in until we find out if it has been malfunctioned? Commissioner Tarpley: The simplest way to do it is to request another election. Rosenberg: This election can be invalidated, is that right? Attorney Walden: You have a right to go into circuit court and €! bring any kind of law action you have against this, any citizen does. I would suggest if you are seriously concerned about the legality of the election, that you retain a lawyer immediately and take whatever action he advises you to take. The basis test of any circuit judge is whether all these complaints will in any way in- fluence the outcome of the election, that really is the test. In [` every election to my knowledge, you are going to have one or two votes that are perhaps questionable, but if it, does not influence the outcome , then the circuit court says, why bother, as it is R an immaterial issue. Mrs. Rosenberg: You can invalidate it on the grounds that there is a discrepancy there from the registered names in the books and those on the count of the machines. Attorney Walden: Suppose we invalidate it. Let's follow through on the thing and say we are going to pick out some number and say the election did carry out there, we would be in court the next day. The simple thing to do if the commission feels that strongly that the returns out there are inaccurate and that a matter of fact the election did carry, it would be a simple thing forthe commission to get a court action and/or another election. :.. Commissioner Tarpley: I don't think there is enough discrepancy . �. out there to change the election. The simplest solution is to request } another election if you are not satisfied. ; ' -6- • Attorney Walden: My recommendation is to ask for a motion on it. Commissioner Young: We have a motion on the floor now without a S second. Attorney Walden: What I am trying to tell the commission and the people in the audience is-- it is my personal opinion, and I am reluctant to express it-- I do not think these complaints will influence the outcome. But if there is any question at all about ® it, then the commission can, at a later date, authorize another election. Mr. Lucas: I have one thing to add--- if there is another election I do not want to be the sheriff. But I do believe that if there is R another election that an officer of the law should standby all day to see that everything is carried out properly. I have never seen anything like this anywhere in my life. Mayor Hill: We have a motion on the floor without a second. R Commissioner Grammer: Just for the record and the minutes, the way the returns were read it shows 1,079 against annexation and 796 for annexation, which sounds like it was one election. We' had two elections, and I would like to see it in the minutes that in one election it was so many. for and so many against, and in • another election it was so many for and so many against. I would like to see it written that way for future reference, so if any one wants to see the minutes it will show it carried in one elect-. ion and lost in one election. R I want it to show that it carried in the city, and was lost in the Griffin area. Commissionr Young: I think Commissioner Grammer what you would like to have is the minutes of this board meeting to show that each R and every precinct in the corporate limits of Dania voted in favor of annexation, therefore, it was a clean sweep insofar as the city was concerned, as no one precinct voted against it. I think that will probably .get it in the minutes. There is quite a bit of discussion here without a second on the motion, which is out of order. Mayor Hill called for a second on the motion. There being no . second, the Mayor declared the motion dead for the lack of a sec- ond. R Commissioner Young: I will make a motion that the results of the election be certified as they were certified to us. I would like to explain that by saying that in view of the fact I do not know of any irregularities that exist that would change the outcome of the election. That is-- we have not proved that any irregularities exist that would change the outcome of .the election and that you have a right to go to the circuit court, and by affidavit or ,other legal means to take appropriate steps. I don't feel we have any other choice. Niia ., Mrs. Rosenberg: In other words you accept the discrepancy in the election. Commissioner Young: Were there 479 discrepancies in the election? If there were 479 discrepancies and you could, present them to'us at this time we would have a• legal leg to stand on. But if you ;: -7- • had 5 or 15 or even 100 it would not be sufficient to change the outcome of the election. Therefore, I do not feel that this board has any other alternative. If you can, by petition, affidavit or otherwise find enough irregularities, you have the right to go to the circuit court and have the election declared dead. If the rumors I have heard are true you have grounds to put a few people in the penitentiary, but that still does not change the outcome of the election. You should take the appropriate steps to the county • solicitor and to the circuit court. We attempted to hold out the hand of freedom to our good neighbors,and the citizens of Dania upheld our efforts. They showed us they were willing to work with us and the people out there and that is all we can do. We are not even allowed to spend a penny of the city's money to promote an election, the only thing we can do 'is pay for the election. Commissioner Grammer: Before I second this motion I would like to ask the attorney one question. Say that the people did have enough grounds to call for another election, would we have to call one in the city too, or could it just be called in the. unincorporated area? Attorney Walden: I do not have a quick answer to that. The attorney general in writing me two or three times took the position that in effect we are having two separate elections. He went so far as to " indicate that we could have them at separate times. So if that came Al to pass I would simply have to ask him to express an opinion on it. !!. Commissioner Young: We have had the election here in town and there is a possibility we would not have to burden the people here again. 0 Commissioner Grammer: I would like to say to the people here-- I am sorry it did not pass as most of them are, but I fell this way-- if we did have to vote in the city again and out there,. I do not feel we could get enough people to vote. We had a very poor turn out here, only about 30% of the registered voters. if we have an election next week, or a month from now, we would be lucky to get 10% to turn out to vote, this is what I want to find out. I will second the motion. Commissioner Tarpley: I would like to make one statement. You Z•', can still challenge the vote and the books if you wish to. • Mrs. Rosenberg: We do challenge it. Attorney Walden: Let the record show that.you made verbal challenges. ? ' You can go Monday and spend the day with Mrs. Gates verifying these records against the machine returns. Commissioner Grammer: You have every right to protest this to the . county solicitors office. The attorney has explained that to you. We are accepting the results of the machines. Attorney Walden: You have got to understand that the commission as such, is not set up to weigh these issues or to take testimony. } That is a court function. All you are doing is certifying_ these totals. -S- t Mayor Hill called for a roll call vote on the motion. It was as follows: • Grammer Yes Tarpley Yes on t he machine count. Young Yes Hill Yes A motion was made by Commissioner Young that the election officials • salaries for the day be paid. The motion was seconded by Commission- er Tarpley. Commissioner Grammer: We had an extra worker part of the day, is that name included. Mayor Hill: Everyone is being taken care of. Mayor Hill called for a vote on• th.e motion.. It was as follows: • Grammer Yes Tarpley Yes Young Yes Hill Yes • Commissioner Young: I am very well pleased with the confidence . the people in Dania gave to this commission in our undertaking yesterday. There being no further business, the meeting adjourned. • Mary Thornhill City Clerk Vera L. Hill Mayor-Commissioner • -9- • :Kp