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Home My WebLink AboutStudy Session Packet 06-18-12STUDY SESSION AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Ave. Wheat Ridge CO June 18, 2012 6:30p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. PUBLIC COMMENT ON AGENDA ITEMS APPROVAL OF AGENDA 1. Elected Officials' Reports(s) 2. Staff Reports(s) 3. Clarification of Use Tax Exemptions 4. Sight Triangle Regulations §.,_ Aging Needs Plan 6. Run-Off Election Experience and Future Recommendations ATTORNE\'5 AT LAW MURRAY OA~L KuEa~ENMEISTE:R RENAUD LLP CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION TO: Mayor and City Council FROM: Gerald E. Dahl B. Brittany Scantland-Lall DATE: May 9, 2012 RE: Clarification of use tax exemptions -:e+~ 3. Our office has been asked to review the application of the City Code sec. 22-67 (concerning exemptions to City use tax) as it applies to building materials and supplies for City, quasi-City and public school projects. We have concluded that the Code currently provides no exemptions for any projects from City use tax on building materials and supplies. Staff has discussed the possibility of exempting City, quasi-City and public school projects from the City's use tax on building materials and supplies. The rationale is that when the City (or a quasi-City entity) remits use tax on building materials and supplies to the City, such payment is redundant, as the City will essentially be paying itself. Further, staff has suggested that it would be good public policy to exempt public school projects from this particular use tax. Code sec. 22-67 generally contains an enumeration of those goods exempt from use tax. Sec. 22-67 (2) provides an exemption for those items which would be exempt from sales tax pursuant to Code sec. 22-58; however, it also contains an exception from the exemption for building materials and supplies. The exception imposes a use tax, without limitation, on building materials and supplies. Sec. 22-67 (2) states: Tangible personal property which if it were sold at retail within the city would be exempt from sales tax under the provisions of section 22-58; provided, however, that any building materials and supplies shall be subject to use tax as provided in section 22-68 hereof without limitation of the foregoing, this provision shall apply where tangible personal property is utilized or consumed by a charitable organization, as defined in section 22-21, in the conduct of its regular religious, charitable or eleemosynary functions and activities. (emphasis supplied). Code sec. 22-68 (a) further supports Code sec. 22-67 (2) as it does not create any exceptions from the taxation of building materials and supplies; rather, it uniformly imposes use tax on building construction and supplies. Code sec. 22-68 (a) states: Every person who builds, constructs, reconstructs, alters, expands, modifies or improves any building, dwelling, or other structure or improvement to real property in the city, including all exempt institutions or private construction job sites, and who purchases lumber, fixtures, or any other building materials and supplies used therefor, or any other article or articles of any tangible personal property used therein, and every owner or lessee of realty or improvements thereon situated in this city, upon which any article or articles of tangible personal property acquired from sources within or without the city are installed, attached or affixed, or any equipment used for construction thereon or improvements thereto, and which the contractor, owner or lessee has not paid the tax imposed by this chapter thereon shall pay a use tax in either of two (2) ways: ... Based on the language contained in the Code, the City's administrative practice has been to impose a use tax, without limitation, on all building materials and supplies. Proposed exemptions to be added Staff has identified several proposed exceptions to the above-stated uniform application of use tax on building materials and supplies. A draft ordinance proposing the creation of these exceptions is attached for Council review. It is important to understand that the proposed exemptions from City use tax is only an exemption from use tax on building materials and supplies, not all use tax. Staff proposes that the following projects be exempt from the City's use tax on building materials and supplies: 1. City and quasi-city projects. Whether the City performs work for itself or hires a contractor to do the same, it is redundant that the City should have to pay tax to itself to perform projects. The two quasi-City entities staff proposes to also be included in this category are the Wheat Ridge Housing Authority and Renewal Wheat Ridge. 2. Public school oroiects. When public schools, or their contractors, perform construction projects, staff has proposed that these public school projects be exempt from City building material and supply use tax. Amendment Because sec. 22-67 already contains an explicit list of exemptions from City use tax, the proposal is to simplify and clarify sec. 22-67 (2), add new sections explicitly listing the exemptions discussed above and renumbering the remaining sections. Then, sec. 22-68 (a) will briefly refer back to the specific exemptions from City use tax on building materials and supplies, while imposing the tax on all other entities. 2 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___ _ Council Bill No. __ _ Ordinance No. ___ _ Series 2012 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS, CHAPTER 22, SECTIONS 22-67 AND 22-68 (a) TO CLARIFY THOSE ENTITIES WHICH ARE EXEMPT FROM USE TAX ON BUILDING MATERIALS AND SUPPLIES WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, the Council has previously exercised these powers by the adoption of Chapter 22, Division 3 of the Wheat Ridge Code of Laws ("Code") concerning application of use tax; and WHEREAS, Code Sec. 22-67 (2) specifically provides for exemptions from the City's established use tax on certain tangible personal property and exceptions to those exemptions as they relate to building materials and supplies; and WHEREAS, Code Sec. 22-68 (a) unconditionally imposes the City use tax on building materials and supplies; and WHEREAS, the City Council has determined that the imposition of use tax on building materials and supplies should not be extended to such materials and supplies for certain City projects or public school projects; and WHEREAS, the City Council desires to revise Sees . 22-67 and 22-68 (a) of the Code provide for exemption of use tax on building materials and supplies for certain City projects or public school projects. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Code Sec. 22-67 (2) is hereby amended as follows: There shall be exempt from the tax provided in section 22-66, the storage, use, distribution and consumption of the following: ... (2) Tangible personal property which if it were sold at retail within the city would be exempt from sales tax under the provisions of section 22-58; provided, however, that any building materials and supplies shall be subject to use tax as provided in section 22-68 hereof without limitation of the foregoing., this provision shall apply where tangible personal property Attachment 1 is utilized or consumed by a charitable organization, as defined in section 22 21, in the conduct of its regular religious, charitable or eleemosynary functions and activities. Section 2. Code Sec. 22-67 is amended by inserting a new subsection (3) to read as follows: There shall be exempt from the tax provided in section 22-66, the storage, use, distribution and consumption of the following: ... (3) BUILDING MATERIALS AND SUPPLIES FOR CITY PROJECTS, WHEAT RIDGE HOUSING AUTHORITY PROJECTS AND RENEWAL WHEAT RIDGE PROJECTS, WHETHER PURCHASED BY THE CITY, WHEAT RIDGE HOUSING AUTHORITY OR RENEWAL WHEAT RIDGE, OR A CONTRACTOR FOR THE SAME, SHALL BE EXEMPT FROM THE CITY'S USE TAX. Section 3. Code Sec. 22-67 is amended by inserting a new subsection (4) to read as follows, and renumbering the remainder of the section accordingly: There shall be exempt from the tax provided in section 22-66, the storage, use, distribution and consumption of the following: ... (4) BUILDING MATERIALS AND SUPPLIES FOR PUBLIC SCHOOL PROJECTS, WHETHER PURCHASED BY THE PUBLIC SCHOOL, OR A CONTRACTOR FOR THE SAME, SHALL BE EXEMPT FROM THE CITY'S USE TAX. Section 4. Code Sec. 22-68 (a) is hereby amended as follows: SUBJECT TO THE LIMITATIONS SET FORTH IN SEC. 22-67 (3) and (4), €every person who builds, constructs, reconstructs, alters, expands, modifies or improves any building, dwelling, or other structure or improvement to real property in the city, including all exempt institutions or private construction job sites, and who purchases lumber, fixtures, or any other building materials and supplies used therefor, or any other article or articles of any tangible personal property used therein, and every owner or lessee of realty or improvements thereon situated in this city, upon which any article or articles of tangible personal property acquired from sources within or without the city are installed, attached or affixed, or any equipment used for construction thereon or improvements thereto, and which the contractor, owner or lessee has not paid the tax imposed by this chapter thereon shall pay a use tax in either of two (2) ways: ... Section 5. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 6. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of_ to_ on this_ day of , 2012, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for , 2012 at 7:00p.m., in the Council Chambers, 7500 West 291h Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2012. SIGNED by the Mayor on this __ day of _____ , 2012. ATTEST: Janelle Shaver, City Clerk First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Jerry DiTullio, Mayor Approved as to Form Gerald E. Dahl, City Attorney '~ ~ ... City of ~Wheat&_dge ~OMMUNITY DEVELOPMENT TO: THROUGH: FROM: DATE: SUBJECT: ISSUE: Memorandum Mayor and City Council ()A Patrick Goff, City Manager..W Kenneth Johnstone, Community Development Director Lauren Mikulak, Planner I June 11,2012 (for June 18 study session) Sight Triangle Regulations The Development Review Team has collaborated to propose an amendment to section 26-603 (Fences, walls, and obstructions to view) of the City code. The proposed modifications relate primarily to sight distance triangles and will provide a definition, dimensional standard, method of measurement, and diagram for the horizontal sight triangle area and the vertical clear zone, respectively. An amendment to the fencing requirements for swimming pools will ensure consistency between the zoning code and adopted building codes. The revisions will address these central goals: • Improve the ability to field locate a sight distance triangle; • Update the vertical clear zone dimensions to align with national standards; • Standardize the method of measurement for the sight distance triangle and clear zone; • Align zoning and building codes related to swimming pool fences; and • Improve clarity and organization within the City code. For your review, please find attached a copy of the draft ordinance. This memo summarizes the amendment and is structured as follows: 1. Sight Distance Triangle 2. Vertical Clear Zone 3. Swimming Pool Fences 4. Study Session & Next Steps Sight Distance Triangle The code establishes a sight distance triangle as the horizontal area at the intersection of two streets; a street and an alley; or a street and a driveway. Currently, the sight distance triangle is measured along the property line or right of-way line as shown in the image on the following page. This method makes it nearly impossible to field locate the sight distance triangle, and in some cases the triangle area can encroach severely onto private property. Site Triangle Regulations June 11, 2012 Page2 Additionally, the location of the sight triangle does not currently align with the location from which the vertical clear zone is measured-the latter is measured vertically from the curb and gutter flow line or from the edge of pavement if no curb is present. CURRENT ' _::_---~!'!"'!±~ 15' ~=--~::.~~~~~~'!::'0 55' .... 0 15' l Flow Line I 15' 25' Edge of Pavement Local Street The proposed method for measuring the sight distance triangle is along the flow line or edge of pavement which can be easily located in the field. This method of measuring will also result in a sight distance triangle that is positioned at the true comer of intersections, providing a more logical clear area for drivers, bicyclists, and pedestrians. The length of the sight distance triangle depends on the type of intersection, and there is no change proposed for those measurements . • PROPOSED r· =---..... -~--.... ~-• -----------------' / -----------i i • ! I J &----->1 Ci: ! . ' I -~-~-~~z:__,..:./~~1 15·1b-._:::.:~~-~ , -g 11'1 -;;; ·c: ~ -4: 0 .... 55' 0 -v ..9! 0 1'S" 15· L --2-5'-Fiow Line/ u Edge of Pavement Local Street 2 Site Triangle Regulations June 11, 2012 Page3 Vertical Clear Zone The vertical clear zone is the area above the sight distance triangle. The clear zone needs to remain free from obstruction in order to provide drivers with a clear view of approaching motor vehicles, bicycles, and/or pedestrians. Currently, the vertical clear zone is measured from the flow line or edge of pavement, and there is no change proposed to this method of measurement. For intersections that include a collector or arterial street, the lower limit of the clear zone is currently regulated at 36 inches. The lower limit for all other clear zones is 42 inches above the flow line or edge of pavement. There is no change proposed for these lower limits. The upper limit is currently established at 84 inches or seven feet, and the code amendment proposes raising this upper limit to 96 inches or eight feet. This change will ensure that the clear zone accommodates the sight line of truck drivers. The proposed change also aligns City code with the recommendations of AASHTO • which establishes national standards for the design of streets and roadways. The proposed modification may have an impact on the height to which the canopies for street trees are trimmed. For this reason in particular, the Parks and Recreation Department has been-and will continue to be-involved in the creation and implementation of the proposed ordinance. Currently, the code does not include an illustration of the clear zone; the following is a draft of the diagram proposed to be incorporated in the code: • AASHTO -American Association of State Highway and Transportation Officials 3 Site Triangle Re!:,TUlations June II, 2012 Page 4 Swimming Pool Fences In addition to sight triangle requirements, section 26-603 of the code establishes fence standards related to height and materials. Subsection 26-603.G.2 requires a six-foot (72 inch) self-locking fence around swimming pools. This zoning code requirement is in conflict with adopted versions of the Intemational Residential Code (IRC) and Intemational Building Code (IBC) which establish a minimum barrier height of 48 inches and which provide additional guidance regarding barriers and access. The proposed changes to section 26-603.G.2 of the code will remove the six-foot height requirement for swimming pools and will defer to the Intemational Residential or Building Code, as applicable. RECOMMENDATIONS: The purpose of the June 18111 study session is to familiarize Council Members with the proposed amendments and to solicit feedback. An anticipated timeline for this code amendment project is as follows: • Study session with City Council-June 18, 2012 • Public hearing before Planning Commission-July 19, 2012 • Public hearing before City Council-August 27. 2012 ATTACHMENTS: I. Proposed ordinance 4 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER _____ _ COUNCIL BILL NO. __ ORDINANCE NO. ___ _ Series of 2012 TITLE: AN ORDINANCE AMENDING SECTION 26-603 OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING REGULATION OF SIGHT DISTANCE TRIANGLES AND SWIMMING POOL FENCES WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the preservation of the public health, safety and welfare; and WHEREAS, in the exercise of that authority, the City Council of the City of Wheat Ridge has previously enacted Chapter 26 of the Wheat Ridge Code of Laws (the "Code") pertaining to zoning, land use, and development; and WHEREAS, the Wheat Ridge City Council ("Council") has previously enacted regulations concerning the location and measurement of the sight distance triangle and clear zone; and WHEREAS, the City has identified a need to update the vertical clear zone dimensions to align with national standards; and WHEREAS, the City has further identified a need to standardize the method of measurement for sight distance triangles and the clear zone; and WHEREAS, the zoning and building codes need to align as they relate to fencing and access for swimming pools and spas. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Subsection 26-603.8 of the Code, concerning sight distance triangle requirements, is hereby amended as follows: B. Sight distance triangle requirement. Where property abuts the intersection of two streets: the intersection of an alley and a street; or the intersection of a driveway and a street. unobstructed view shall be provided and maintained at all times within the sight distance triangle and clear zone as described in this subsection. 1. No di\'isional fence, wall, hedge or landscaping, sign, structure, parked vehicle, or other obstruction to view in excess of forty two (42) inches high, except for permitted landscaping, signs, public utility poles, and approved decorative, open type fences not in excess of six (6) feet in height, shall be established or Attachment 1 maintained within the triangular area bounded by the lot lines and a line connecting points on each lot line either twenty five (25) feet from the intersection of such lot lines for local and pri'late streets or fifty five (55) feet from the intersection of such lot lines for collector or arterial streets. The height shall be limited to thirty six (36) inches at intersections where at least one ( 1) of the intersecting streets is an arterial or collector (Glass 1 through 5 streets) and frontage roads. For corner lots bounded by public streets or private drives with vertical cuP1es and where the application of the standard sight triangle regulations does not provide adequate sight clearance to protect the public safety, the city shall determine the necessary vertical height clearance and the sight triangle dimensions in order to ensure a safe sight distance. 2. The same height limitations shall apply to the intersection of driveways and public streets, except that the sight distance triangle may be reduced to fifteen (15) feet. Street trees required by section 26 502 and signs allowed by article VII may be permitted within the regulated sight distance triangle; pro•1ided that the area behveen thirty six (36) or forty t\\'0 (42) inches, whichever is applicable, and eighty four (84) inches high is maintained free and clear of obstruction; and further provided that a sign pole does not exceed one (1) foot in diameter. 3. The sight distance requirement at the intersection of an alley with any street shall be fifteen (15) feet measured along the street right of way and fifteen (15) feet measured along the alleys. Fences, landscaping and other potential obstructions to view located within these sight distance triangles shall be limited in height to forty two (42) inches, unless the intersecting street is an arterial or collector (Class 1 through 5 streets), in which case the height shall be limited to thirty six (36) inches. 4. The vertical clearance distance for driveways shall be measured from the edge of the dri•1eway or curb cut at the right of way line, and for street corners or alleys from the flowline, or if no curb exists, from edge of pavement. The following chart and drawing illustrate the minimum unobstructed sight triangles. See Figure 26 603.1. Arterial or Collector hooat Maximum ~eight of Gbstruction ...... c,.., ;rr....l C :nh+ Tr;..,,....,l,...,. Corner bot ~ ~ n,.;, .,.. ,..., -~ ~ 36" all uses 42", unless SF or duplex, then no rr.n ;r,_.....,..,..,..+ "'"''"'~"'"' Fig1:1re 26 603.1 Sight DistaRGe TriaRgles ~ ~ ~ 2 1. Sight distance triangle. The sight distance triangle is the horizontal area at the intersection of two streets: a street and an alley: or a street and a driveway. Two sides of the triangle are measured from the comer intersection along the curb and gutter flow line. or if no curb exists. trom the edge of pavement. for a distance specified below: a. Streets. collector or arterial: 55 feet b. Streets. local or private: 25 feet c. Alleys: 15 feet d. Drivewavs: 15 feet The third side of the triangle is a line across the corner joining the other two sides. Where an intersection has rounded comers. the sides will be extended in a straight line to a point of intersection. as shown jn Figure 26-603.1. ! ---I-I-I _____ ........, ____ ....,. '-.-.----..-a::::::a--. .-1 l I ' ' I; I ·-·~-zd]1s· L-~~:~~~-· -· ----;~___::~ ~ ~ LFiowline / 25' Edge of Pavement Local Street Figure 26-603.1 -Sight Distance Triangle OJ ~ OJ V'l jij ·;:: Cl.l OJ .... < .... 0 .... 55' 0 OJ u ..!! 0 u 2. Vertical clear zone. The vertical clear zone is the area above a sight distance triangle in which obstructions shall be minimized to provide a clear view. a. Height. The clear zone is measured vertically from the curb and gutter flow line. or if no curb exists. from the edge of pavement. If the intersection 3 includes a collector or arterial street. the clear zone is the area between a height of 36 and 96 inches. For all other jntersections. the clear zone is between 42 and 96 inches. See Figure 26-603.2. b. Obstructions prohibited. The clear zone shall be free of obstructions. jncludinq but not limited to fences. walls. landscaping. signs. structures. tree canopies or parlsed vehicles. c. Exceptions. Certain obstructions may be approved by the director of public works (or his/her designee) to be located within the clear zone. These may include: i. Approved decorative open type fences that are at least 80% open: ii. Approved landscaping. such as street trees: iii. Approyed signs. such as pole signs with a diameter of less than 12 inches: iv. Public utility poles: v. Obstructions jn the driv§way sight triangle for single and two family homes on local streets. ~ / v ----::=::===== - .--J---et£A~~~~~Ihl:u 36"~~~ · J:r.D:Jlill::.]Diffi~~ =--- '\ _ _ _ -Property Line tFiowline/ Edge of Pavement Figure 26-603.2 -Clear Zone ~ 3. Signalized intersections. At signalized intersections, where both streets are either collectors and/or arterials, the required sight distances shall be governed by the standards set forth in the most current edition of the policy on geometric 4 design of highways and streets, published by the American Association of State Highway and Transportation Officials (AASHTO). &. 4. Authoritv of the director of public works. For other signalized intersections involving local streets, the director of public works (or his/her designee) is authorized to permit modifications to the sight triangle requirements for special circumstances in accordance with the standards set forth in the most current edition of the policy on geometric design of highways and streets, published by the American Association of State Highway and Transportation Officials (AASHTO). For corner lots bounded by public streets or private drives with vertical curves and where the application of the standard sight triangle regulations does not provide adequate sight clearance to protect the public safety. the director of public works (or his/her designee) shall determine the necessary vertical height clearance and the sight triangle dimensions in order to ensure a safe sight distance. Section 2. Subsection 26-603.G.2 of the Code, concerning swimming pool fences, is hereby amended as follows: 2. For all swimming pools. hot tubs, spas, and similar aquatic facilities (including in-and above-ground), required fences and barriers shall conform to the requirements of the International Residential or Building Code. as applicable. Swimming pools shall be enclosed by a six foot fence, with all gates being self locking and closed and kept locked when the pool is not in use. In situations where the six foot fence requirement exceeds other fence height requirements, except for sight distance requirements, the higher requirement shall control. Section 3. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability; Conflicting Ordinances Repealed If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. 5 INTRODUCED, READ, AND ADOPTED on first reading by a vote of_ to _on this_ day of , 2012, ordered it published with Public Hearing and consideration on final passage set for Monday, , 2012, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of_ to_, this_ day of , 2012. SIGNED by the Mayor on this ____ day of _________ , 2012. ATTEST: Janelle Shaver, City Clerk 1st publication: 2"d publication: Wheat Ridge Transcript Effective Date: Jerry DiTullio, Mayor Approved as to Form Gerald Dahl, City Attorney 6 ~~A~ ... * ., City of • .. [?."Whe at &_dge ~ADMINISTRATIVE SERVICES Memorandum TO: Mayor and City Council Patrick Goff, City ManagerW THROUGH: Heather Geyer, Administrative Services Director FROM: Nathan Mosley, Management Analyst DATE: June 18, 2012 SUBJECT: Study Session: Aging Needs Plan The purpose of this memo is to provide relevant back!:,7found information and to outline my recommendations of how the City can proceed with the development of an aging population needs assessment and plan. Background On a daily basis, thousands of Americans reach the half century mark. More than half of the baby boom generation is 50 years or older. By 2030 Colorado's population of65+ will be 150% larger than in 2010, swelling from 540,000 to I ,350,000. On a local level we are seeing the explosion of the senior population. The number of seniors in Jefferson County is expected to double by 2030. Currently, Wheat Ridge has one of the highest percentages of population over 60 in the metro area, so this "Silver Tsunami" will have a huge impact on Wheat Ridge and the levels of service that are available. According to DR COG, 25% ofthe population in Wheat Ridge is over 60 as compared to 14% in the Denver Metro region. We also have lower average annual wages and median household incomes then the rest of the region. While the demand and need for senior programming and services will only increase in the coming years the resources available to provide these services are either at-risk for cuts or no funding is available. High demand and scarce resources will have a direct impact on the ability oflocal municipalities and service providers to meet the needs of seniors in their communities. To meet these future demands will require municipalities to collaborate with community partners and seek citizen input to assure that resources are used appropriately, services are not duplicated, and that the most important needs of the community are being addressed. In order to address the coming "age wave" Wheat Ridge City Council designated an aging population needs assessment and plan as a high priority for 20 II /12. The goal of this assessment is to detennine what service needs are not currently being met, identify barriers to providing those services and formulate possible solutions, service providers and funding opportunities for Wheat Ridge seniors. Aging Needs Action Plan Junel8,2012 Page 2 Staff has been busy researching and educating themselves on this topic. Accomplishments to Date • Attended 2011 Jefferson County Summit on Aging • Met locally with Home Instead Senior Care, Exempla Lutheran, LiveWell Colorado and Jefferson County Staff • Created staffteam for project • StafT participated on DR COG Boomer Bond Community Engagement and Education team • City of Wheat Ridge will participate in Boomer Bond Community assessment pilot program CASOA Report The growing number of seniors and overwhelming needs of the Country's senior population is a widely recognized issue. On a national level, studies have been done to track the needs of the nation's aging population. One such survey was the "Maturing in America" report. First done in 2005 and then again in 2010 this survey helps provide a glimpse of the challenges facing the senior population in the US. As identified in this study, the top three challenges facing municipalities in meeting the needs of seniors are funding shortages, lack of transportation and affordable housing options. At the regional level DR COG recently released their 2011-2015 Area Plan on Aging. This report is based on the Community Assessment Survey for Older Adults (CASOA) perfonned by the National Research Center (NRC). This statistically-valid survey was used to understand the demo!:,rraphic shifts occurring in the Denver Metro area as well as the services that are needed the most and by whom. At the local level, JetTerson County's Aging Well campaign was created to assess the needs of the aging population and the availability of resources throughout the county. As part of that process Jefferson County commissioned the NRC to administer the C ASOA to local residents. Wheat Ridge and other Jefferson County municipalities were provided with a CASOA Brief Report. The C ASOA used an augmented sample to provide stand-alone Brief Reports to each of several geographic areas. The CASOA report compiled citizen responses on 29 aspects of the community related to six community dimensions and gave the City an overall "readiness" score. These scores show how well a community is doing in meeting the needs of their older adult population. Wheat Ridge's "readiness" score for each community dimension is included in Attachment 1 along with scores from Arvada and Lakewood for comparison. Aging Needs Action Plan June 18,2012 Page 3 The six community dimensions rated in the CASOA are: Overall Quality of Community Productive Activities Place to live Volunteerism and employment Place to retire Recreational activity Quality of services to older adults Skill building and education Social. religious and civic activity Community Information Community Design and Land Use Older adult resources Travel by bus. rail. car and foot Financial and legal planning Getting to places of daily activity Variety and affordability of housing Health and Wellness Community and Belonging Overall safety Sense of community Access to fitness and food Openness and acceptance Physical. mental and preventive Valuing older residents Health care Neighborliness The City Council directive to assess the needs of our community's seniors has been realized through the County's Aging Well process, the administration of the survey and the subsequent delivery of the specific Wheat Ridge data. Due to limited resources it is not advisable to commission an additional assessment at this time. I recommend that the City use the CASOA report as the baseline data to develop a specific Wheat Ridge aging population plan. During this process we will engage citizens, business and community leaders as well as internal staff to develop a plan that will ensure Wheat Ridge focuses its resources on the areas ofhighest need. Wheat Ridge Aging Needs Assessment and Plan Development Approach The forn1Ulation of an aging needs plan will rely on several different sources of information. The foundation of the plan will be the CASOA study which will provide a baseline of information regarding needs in the senior community. This information will be used by all stakeholders to make infonned decisions moving forward regarding senior services, programs and facilities. We will also use the Priority Based Budgeting process in 2012 to identify the programs that the City currently offers and whether or not those pro!:,Tfams support the goals of the City. The next step in the creation of an aging needs plan will be the formation of the Wheat Ridge Aging Needs Stakeholder Committee (WRANSC), Attachment 2. The WRANSC will consist of approximately 15-20 people. It will be a citizen-led committee with a chair and co-chair comprised of a wide range of seniors, business and community leaders and internal staff members. The outcome of this committee will be a report detailing how the City can improve services for older adults. Internally this initiative will be led by Heather Geyer and Nathan Mosley with additional staff from Community Development, Parks and Recreation and the Police Department. The WRANSC will meet on a monthly basis beginning in the third quarter of 2012 to review the CASOA report, con finn the findings, gather additional data, hear presentations from regional experts and create a long-term plan for the City to address the needs of the senior community for the next three to five years. The Committee's goal will be to draft a report for presentation to City Council during the second quarter of 2013. Aging Needs Action Plan June 18, 2012 Page 4 In addition, there will be opportunities for staff members to participate at the regional level in the Jefferson County Aging Well initiative as well as the DRCOG area agency on aging. One such opportunity will be participating in the DRCOG Boomer Bond Community Assessment pilot program. This program is designed for local governments to assess their strengths and weaknesses in addressing needs for seniors in their community. These opportunities will help leverage resources and bring "best practices" regarding the delivery of senior services to the entire WRANSC. In future years, money should be budgeted to conduct the CASOA on a regular interval. This will allow the WRANSC and the City of Wheat Ridge to determine if positive gains are being made regarding the needs of local seniors. Staff would like direction from Council on moving forward with an aging needs plan as outlined. Staff also needs to know whether Council would like potential committee members to go through a fom1al application and approval process or if interested persons can just volunteer to sit on the committee. Staff also would like to know if there is anyone on City Council that would like to serve as the Council liaison to this committee. Staff recommends that we move forward with the Aging Needs Plan as outlined and allow interested persons to participate without a formal approval process. Attachments: I. Community Readiness Charts 2. Wheat Ridge Aging Stakeholder Committee Matrix Flcure 4: Wheat Ridp Community Re1dlness Ch1rt Overall Quality of Community Place to live Place to retire Quality of services to older adults Older adult resources Financial and legal planning Health and Wellness Overall safety Access to fitness and food Physical, mental and preventive health care Productive Activities Volunteerlsm and employment Recreational activity Skill building and education Social, religious and civic activity Community Design and Land Use Travel by bus, rail, car and foot Getting to places of daily activity Variety and affordability of housing Community and Belonging Sense of community Openness and acceptance Valuing older residents Neighborliness scale: O=l.owest/most rq;rtNe, lOO=HiRhest/most positive CASOA-Brief Report I The City of Wheat Ridge 4 Attachment 1 Ficur• 4: Arvada Community Readiness Chart OVerall Quality of Community Place to live Place to retire Quality of services to older adults Community Information Older adult resources Financial and legal planning Health and Wellness OVerall safety Access to fitness and food Physical, mental and preventive health care Productive Activities Volunteertsm and employment Recreational activity Skill building and education Social, religious and civic activity Community Design and Land Use Travel by bus, rail, car and foot Getting to places of daily activity Variety and affordability of housing Community and Belonging Sense of community Openness and acceptance Valuing older residents Neighborliness Scale: O=Lawest/most ~. lOO=HIRhest/most positive Ficure 4: ~kewood Community Readiness Chart Overall Quality of Community Place to live Place to retire Quality of services to older adults Community Information Older adult resources Financial and legal planning Health and Wellness overall safety Access to fitness and food Physical, mental and preventive health care Productive Activities Volunteerism and employment Recreational activity Skill building and education SOcial, religious and civic activity community oe.1tn and Land Ute Travel by bus, rail, car and foot Getting to places of daily activity Variety and affordabillty of housing Community and Belonging Sense of community Openness and acceptance Valuing older residents Neighborliness Scale: O::lowest/most ~. lQO:::Hilhest/most positive Wheat Ridge Aging Stakeholder Committee Matrix Marginalized? Stakeholders Stake/Interest Potential role in (Possibly lack capacity to Key Stakeholder? project participate on an equal basis. Must make extra effort to ensure their participation) Internal Staff Desire to provide the Possible implementation No Yes needed services for of programs. Conveners seniors to have an active of project. Participate in lifestyle and age in Regional efforts. place. Elected Officials Desire to provide the Participate in committee. No Yes needed services for Enact policies to support seniors to have an active senior population. lifestyle and age in place. Senior Citizens Either need services now First person perspective No Yes or will need them in the of WR SWOT regarding future. senior needs. Younger seniors could be resource for older seniors. Disabled Seniors High need for services. First person perspective Yes Yes Many might be in of WR SWOT regarding financial need as well. disabled senior needs. Home-bound Seniors High need for services. First person perspective Yes Yes Many might be in of WR SWOT regarding financial need as well. Home-bound senior Possible need for social needs. interaction. Attachment 2 Wheat Ridge Aging Stakeholder Committee Matrix Marginalized? Stakeholders Stake/Interest Potential role in Key Stakeholder? (Possibly lack capacity to project participate on an equal basis. Must make extra effort to ensure their participation) Non-profit Businesses Provide services to Provide information and No Yes seniors within the resources to address community. issues. For-profit Businesses Provide services to Provide information and No No seniors within the resources to address community. issues. Family Members/Care-Interested that First person perspective No No givers community has of WR SWOT regarding resources to meet the disabled senior needs. needs of loved ones. Jefferson County Staff Partner in providing Possible implementation No No livable communities for of programs. Conveners seniors. of Aging Well project. Local Media Providing relevant Outlet for information No No information to customer base. Faith-based organizations Seniors are part of the Community Partner No No congregation. Many providing resources for receive benefits/services Seniors. from faith-based organizations. Wheat Ridge Aging Stakeholder Committee Matrix Marginalized? Stakeholders Sta ke/1 nte rest Potential role in (Possibly lack capacity to Key Stakeholder? project participate on an equal basis. Must make extra effort to ensure their participation) Civic organizations Seniors are part of their Community Partner No No membership. Many providing resources for receive benefits/ services Seniors. from some civic orgs. ... ~·~ ... _ ., City of .. ~Wheat&_dge ~OFFICE OF THE CllY CLERK Memorandum TO: Mayor DiTullio and City Council FROM: Janelle Shaver, City Clerk DATE: June 6, 2012 (for Study Session of6/18/12) SUBJECT: Run-Off Election Experience and Future Recommendations ISSUE: To provide City Council and the Mayor with infonnation regarding the runoff election and make a recommendation for future runoff elections PRIOR ACTION: Observations of the runoff election were made after the runoff by the Election Commission members serving at that time: • Michael Snow, City Clerk and chainnan of the Election Commission through December 19; • Lloyd Levy, appointed October 24 to the Election Commission and reappointed December 12; and • Peter Marks, appointed October 24 to the Election Commission and serving through December 12. The current Election Commission (Janelle Shaver, Lloyd Levy and Wanda Sang) has reviewed and concurs with these observations, which appear under the following topics: Runoff Policies and Procedures, Acceptance of the Runoff, Ballot Mailing and Returns, Processing of Returns, Cost of the Runoff, and Complaint Issues. (Further references to the City Clerk and the Election Commission mean those serving at the time of the runoff, unless otherwise stated). RUNOFF POLICIES AND PROCEDURES Attached are two documents that describe the Runoff Procedures: 1. Wheat Ridge Election Commission Findings and Order No. 1 dated October 31, 2011 (Attachment 1) that describes the policies adopted by the Election-Commission to govern the runoff election. 2. Wheat Ridge Election Commission Findings and Order No.2 dated November 23, 2011 (Attachment 2) which describes procedures adopted by the Election-Commission for use in the runoff. Runoff Election Experience and Future Recommendations June 18,2012 Page 2 The actual process of handling retumed runoff ballot envelopes and their contents proceeded in three stages: Receiving, Casting, and Tabulating (See attachments 3-5). Clerk Michael Snow used these documents to instruct the election judges and made them available as an infonnative handout for people who visited the vote processing (further references to the City Clerk and the Election Commission mean those serving at the time of the runoff, unless stated to be otherwise). Clerk Snow was the principal author of the attached documents. The Election Commissioners met to discuss policy and procedure with the City Clerk, reviewed and commented on draft documents and approved the final documents. To develop these documents, the City Clerk and the Election Commission reviewed State Statutes, conferred with elections officials in other cities and at Jefferson County, and gathered infonnation on election procedures already in use elsewhere. An example of existing procedures considered are those of the City of Castle Rock, which conducts all elections by mai I ballot. The infom1ation from other sources provided a useful starting point; however, the documents attached here arc the policy, procedures and instructions for ballot processing arrived at by the City Clerk and Elections Commission as most suitable for Wheat Ridge during the runoff. The Election Commission decided to randomize the order of the runoff candidates on the ballot. This was accomplished by printing two ballot styles with the order of the two candidates appearing on each style being in the reverse order of the other. One ballot style was mailed to voters with odd voter 10 numbers and the other style was mailed to those with evan numbers. Another document tor your infom1ation entitled "Voter Intent: A Guide to the Detennination of Voter Intent for Colorado Elections" or Voter Intent Guide which is published by the Colorado State Elections Division and City Clerk Shaver has a copy on hand for anyone interested. The City Clerk familiarized the election judges with its contents and instructed them to refer to the Voter Intent Guide when determining voter intent for ballots marked other than according to the instructions on the ballot. ACCEPTANCE OF THE RUNOFF In the opinion of the City Clerk and Election Commissioners. the runoff went well. No candidate or others challenged the result. This suggests a general acceptance of the runoff procedures as valid and reliable. We believe oversight of the runoff contributed to acceptance of the process. Ballot processing was held in the Council Chambers, which was open to the public during the entire process. To ensure security and ballot integrity a line of chairs and a sign clearly excluded the public from the ballot processing area. The City Clerk invited City officials to observe during ballot processing. The following did visit and observe for a time: Municipal Judge Christopher Randall visited on ballot processing day number two, Tuesday December 6; County Clerk Pam Anderson and her Deputy of Elections. Josh Liss, both visited on, to our best recollection, Wednesday, December 7. Also. both candidates visited and observed during ballot processing. Runoff Election Experience and Future Recommendations June 18,2012 Page 3 BALLOT MAILING AND RETURNS The City Clerk delivered 2I,224 mail ballots to the U.S. Postal Service (USPS) between November 21 and November 24. The mailing went to 14,232 active voters and 6,992 inactive voters on the list obtained from the Jefferson County Clerk. Of the 6,992 ballots mailed to inactive voters, the USPS returned 3,071 as "undeliverable," with the USPS presumed to have delivered 3, 921 inactive voter ballots. Therefore, the runoff involved a presumptive 18,153 votable ballots, including 14,232 ballots mailed to active voters and 3,921 ballots mailed to inactive voters. There were only 65 voted ballots received from the 3,921 inactive voter ballots that USPS is presumed to have delivered. Four thousand, tour hundred and thirty tour ballots from active voters were counted. (See Attachment 6) PROCESSING OF RETURNS Processing was timely. An unofficial, final count was available about 30 minutes after the official closing time of 7 p.m. on December 13. The certified result was submitted on December 14 and was published in the legal newspaper on December 22. The City Clerk used spreadsheets developed specifically for the runoff to document and error- check all ballot processing data. The City Clerk programmed the spreadsheets to have data-entry error checks and balancing procedures that maintained control of the inventory ofballots in process. We believe that the spreadsheets and the techniques used to receive, cast and tabulate the returned ballots have ensured that any undiscovered, residual errors that may have affected the final vote tally would be so small as to have no impact on detennining the winner. COMPLAINT ISSUES There was one written complaint issued by a voter and several telephone calls to complain about the runoff procedures. The first issue was that the ballot envelope did not include a secrecy sleeve to use with a returned ballot. The City Clerk handled the complaint by contacting the citizen by phone and discussing the rationale for not using a secrecy sleeve. The citizen continued to express the wish that the ballot envelope would have included a secrecy sleeve. The City Clerk and Elections Commissioners were comfortable with the decision not to use a secrecy sleeve, in part because the state statutes and the City code do not require a secrecy sleeve. In addition, the procedures adopted for the runoff affinnatively ensure ballot secrecy. The primary means to ensure secrecy was to have election judges use a method colloquially called the "blackjack" method of casting the mail ballots. As described in the attachments, one judge removes and separates the ballot from its envelope and passes it to another judge, taking care to hide the marks on the ballot from the sight of both judges until the ballot and envelope are stored in a way that prevents associating the two. The City Clerk trained the election judges in this casting procedure. Furthermore, all election judges take an oath that includes swearing to never attempt to learn the identity of the voter casting a ballot and to never reveal a voter's vote should they learn it in the course of ballot processing. Runoff Election Experience and Future Recommendations June 18, 2012 Page 4 The second issue was regarding the order of names on the ballot. The Election Commission decided to have Candidate Shaver's name first on 50% of the ballots and Candidate Keller's name first on the other 50%. This was met with some criticism but no formal complaint was ever filed with the City Clerk's office. The rationale for randomizing ballot order was the following: The Election Commission was not aware of a rule or precedent in Wheat Ridge saying that the number of votes eamed by a candidate in the November voting should detennine the ballot order in a runoff. Thus, since it is pretty well established that order bias is a fact of voting and survey process, the Election Commission decided to mitigate this by using the 50/50 split of name placement on the ballots, based on voter ID number (odd/even). FINANCIAL IMPACT: The total cost of the runoff election was $36,985.71. This covered staffing, printing, mailing costs. supplies for ballot processing and staff meals. This also included mailing each resident a postcard infonning them of the impending runoff election. This equates to an average of $1.74 per mailed ballot (for details see Attachment 7). The cost of any future runoff election will depend mostly on the number of election judges needed, the time devoted to processing. and the number of ballots processed. The main variables in the number of ballots to process include the level of voter participation, whether or not ballots are mailed to inactive voters. and the number of races on the ballot. The Election Commission also felt it was worth mentioning that the cost to the City of Wheat Ridge for the regular November 20 II Coordinated Election was $7,500.11 paid to Jefferson County. BACKGROUND: Sections 3.1. 3. 7, and 3.9 of the City Charter require election by a majority of the vote of three offices, the Mayor, City Clerk and City Treasurer. That requirement occasioned the runoff held on December 13, 2012. RECOMMENDATIONS: OPTION #I -CHANGE THE CITY CHARTER The Commission would suggest changing the current language in each section that states, " ... shall by elected by a majority vote of the electors ... " to the language that is used for Council member's election, "The candidate receiving the highest number of votes ... " OPTION #2-INSTANT RUNOFF VOTING An altemative to a standalone runoff is to use instant-runoff voting (also known as preferential, ranked choice, or altemative choice voting). When there are more than two persons in a race, instant-runotT voting allows voters to rank the candidates in order of preference. Initially. each ballot counts for the voter's first-choice candidate. If one candidate secures a majority, that candidate wins. Otherwise, the candidate with the fewest votes is eliminated, and the ballots are counted again. with each ballot going to the Runoff Election Experience and Future Recommendations June 18,2012 Page 5 candidate still in the running who ranks highest on that ballot. This process continues until there is a winner with a majority of the vote against the remaining candidates. Instant runoff voting is appealing if frequent crowded races are to be expected. However, Wheat Ridge would face a serious impediment to adopting instant-runoflvoting. We contacted Jefferson County and learned that the County Clerk's equipment and procedures do not accommodate the instant runoff voting procedure. This means that if the City were to adopt an instant runoff voting, the City would have to run its own elections and would no longer be able to coordinate its election with the County. This is an expensive alternative. In addition, instant runoff voting is uncommon in Colorado and relatively unproven, so the City would first want a more complete report on the practical and legal issues associated with instant-runoff voting. OPTION #3-DO NOTHING This option is to leave the Charter as is and handle each election year on a case by case basis. The Commission does recommend if Council chooses this option to budget additional funding in election years in order to be prepared for a possible runoff election. ELECTION COMMISSION RECOMMENDATION By a unanimous vote the Election Commission recommends Option #I. ATTACHMENTS: I. Election Commission Findings and Order No. I 2. Election Commission Findings and Order No. 2 3. RunotT Election Receiving Procedure 4. Runoff Election Casting Procedure 5. Runoff Election Tabulating Procedure 6. Ballot Mailing and Returns Spreadsheet 7. Cost of the Runoff Spreadsheet CITY OF WHEAT RIDGE, COLORADO ELECTION COMMISSION Findings and Order No. 01, Series 2011 The Wheat Ridge Election Commission, having been duly appointed as provided by the Wheat Ridge Home Rule Charter, makes the following Findings and Order: Findings A. The City of Wheat Ridge. Colorado, is a home rule municipality organized under Article XX of the Colorado Constitution and, pursuant to that authority, the electors of the City have previously adopted a Home Rule Charter for the City. B. The Wheat Ridge home rule charter section 2.1 provides that City elections be govemed by the Colorado municipal election laws except as otherwise provided by the charter or by ordinance hereinafter enacted. C. The Wheat Ridge home rule charter section 2.4 provides for the appointment of two members of the Election Commission, whose duties include, among other things. providing procedures in cases where the election procedure is in doubt. The Wheat Ridge City Council appointed Peter Marks and Lloyd Levy to the Election Commission at the Regular City Council Meeting of October 24, 2011. The Home Rule Charter further provides that the City Clerk. Michael Snow. is Chairperson of the Election Commission. D. The Wheat Ridge City Council has acted by Resolution No. 48, Series 2011 , to call a runoff election for the office of City Clerk, following the November I, 20 II regular municipal election in the event no candidate for the office of City Clerk receives a majority of votes cast at the November I, 2011 general municipal election for such office. Resolution 48-20 II further directs the Election Commission to set the date for said election and establish procedures for the same. Attachment 1 Order The Election Commission hereby sets the date and adopts the following procedures goveming the runoff election. if needed. for the office of City Clerk following the November I. 20 II general municipal: Runoff Election (a) Applicability. These procedures shall apply in the event no candidate for the ot1ice of City Clerk receives a majority of the votes cast for that office at the November I. 20 II general municipal election. These procedures supersede any provision of the Colorado election laws referenced in Code of Laws section 7-1. or any procedure, rule or regulation promulgated by the Colorado Secretary of State in conflict therewith. (b) Runoff election required. In the event no candidate for the office of city clerk receives a majority of the votes cast for that office at the November I. general municipal election, a runoff election shall be held as a continuation of the November I. 20 II general municipal election and not as a special election. If any City Clerk candidate withdraws his or her name from candidacy prior to the general election of November I, 20 II by written notice delivered to the City Clerk. the votes for that candidate shall not be counted. (c) Election date: The runoff election shall be held on December 13,201 I. from 7:00am- 7:00pm. (d) Fonn of election: The runoff election shall be held as an all mail-ballot election. (e) Candidates/Withdrawal of Candidates: The two candidates receiving the first and second highest number of votes in the general municipal election shall be the only candidates in the runoff election. In the event either runoff candidate withdraws his or her name by written notice delivered to the City Clerk,.follml'ing the general election but prior to November 15. ]() 11 at 5:00pm, the candidate receiving the next highest number of votes in the general municipal election shall be a candidate in the runoff election. In the event either runoff candidate withdraws his or her name by written notice delivered to the city clerk aficr Nm·ember 15. ]0 11 at 5:00pm and before the date (?(the runqffelection. or if at any point following the general municipal election all candidates but one should withdraw, the remaining candidate shall be declared the winner of the election and the runoff election shall not be held. (t) Procedure: Except as provided by the Home Rule Charter. the Wheat Ridge Code of Laws, or any procedure adopted by the Election Commission, the runoff election shall be conducted in accordance with the Municipal Election Code. CRS 31-10-101. et seq. To the extent an election procedure is in doubt the Election Commission shall prescribe the procedure to be followed. (g) Voter Eligibility: All Wheat Ridge electors registered to \'Ote no later than November 14. 20 I I. 5:00pm shall be considered eligible voters in this runoff election [ 1-2-20 I (3) C.R.S.]. (h) Ballot Delivery: All eligible electors, as prescribed in paragraph (g) above. shall be mailed a ballot regardless of Active or Inactive Voter status. Mail ballots will be delivered via United States Postal Service (USPS) to eligible \'Oters' mailing addresses. The City Clerk shall distribute ballots to USPS oftice(s) for delivery no sooner than November 21, 20 II and no later than November 24, 20 II. (i) Candidate Name Placement on Ballot: There shall be two ballot styles with equal number of each being printed. Ballot Style #I shall be printed with the name of the runotT candidate who received the greater number of votes at the general municipal election of November I, 20 II appearing first and the name of the other runoff candidate appearing second. Ballot Style #2 shall be printed with these candidate names reversed. (j) Equal Distribution of Ballots: All eligible voters with odd numbered voter !D's shall receive Ballot Style #I. All eligible voters with even numbered voter !D's shall receive Ballot Style #2. (k) Ballot Treatment and Canvassing Procedures: By November 22, 20 II. the Election Commission shall adopt further procedures tor the treatment and canvassing of voted ballots received by the Office of the City Clerk. Such procedures shall be based on professional and commonly accepted election standards necessary to assure security, accuracy and integrity to the voting process. ADOPTED by the Election Commission on this 31 ''day of October 20 II. Peter Marks, Commissioner Lloyd Levy, Commissioner Michael Snow. City Clerk, Commission Chairman CITY OF WHEAT RIDGE, COLORADO ELECTION COMMISSION Findings and Order No. 02, Series 2011 Regulations and Procedures For the Conduct of the Mail Ballot Runoff Election City of Wheat Ridge December 13, 2011 The following regulations and procedures apply only to the Municipal Runoff Election of December 13, 2011. Prepared by Michael Snow Adopted by the Wheat Ridge Election Commission on November 23, 2011 Attachment 2 CAMPAIGN FINANCE REPORTING REQUIREMENTS 1. Candidates in the runoff election shall submit reports of campaign finance activities according to those requirements in Chapter 7 of the Wheat Ridge Code of Laws except that an additional reporting shall be required by close of business on January 13, 2012. DISTRIBUTION OF BALLOT PACKAGES 1. ES&S Elections shall be responsible for printing of ballots and assembly of the Mail Ballot Packets. Each Ballot Packet will include: • A ballot for the City Clerk race • Instructions for completing the voting process • An official return envelope 2. ES&S will mail the Ballot Packets from their Everett, Washington facilities between November 21 and November 24, 2011 . ES&S will use the mailing list(s) provided by the Wheat Ridge City Clerk's Office. Said list shall contain the names and mailing addresses of all active and inactive voters as listed in the official registration records maintained by the Jefferson County Clerk and Recorder's Office as of October 31, 2011 and be sorted by odd and even voter registration number for delivery of designated ballot styles according to Finding and Order No. 1, Series 2011 of the Wheat Ridge Election Commission. No later than November 21, 2011, The Jefferson County Election Division shall provide the City Clerk a supplemental list of any voters registered by 5:00pm November 14, 2011 not included on the preliminary list provided to ES&S. Staff from the City Clerk's office shall be responsible for mailing Ballot Packets to voters on the supplemental list no later than November 24, 2011. No supplemental ballots will be mailed until the City Clerk has run a cross check with the entire mailing list to assure no voters receive duplicate ballots. 3. In order to vote in the December 13, 2011 Runoff Election, citizens must register by 5:00pm November 14, 2011. 4. Ballot Packets will be mailed with first class postage and the envelope shall be clearly marked "DO NOT FORWARD-RETURN SERVICE REQUESTED." The U.S . Postal Service guarantees return of undeliverable mail. No Ballot Packets returned as "undeliverable" will be re-mailed. City Clerk's office will provide any forwarding information provided by the Post Office to the Jefferson County Election Division. 2 5. The Voter Registration Number of each registered elector along with an associated bar code will be printed on the outside of the ballot return envelope which will allow the Election Judges to scan the envelopes upon return and mark the poll book as appropriate. 6. At such time as the City Clerk's office mails Ballot Packages to those voters listed on the Supplemental Registration List provided by Jefferson County, an entry will be recorded on the registration lisUpoll book. These ballots will not have bar codes. 7. All artwork for the envelopes and ballot layout will be done by E.S. & S. and reviewed and approved by the City Clerk prior to printing. 8. There shall be two ballot styles with equal number of each being printed. Ballot Style #1 shall be printed with the name of the runoff candidate who received the greater number of votes at the general municipal election of November 1, 2011 appearing first and the name of the other runoff candidate appearing second. Ballot Style #2 shall be printed with these candidate names reversed. 9. Upon scanning of return envelopes containing voted ballots, logged envelopes will be sorted by odd/even ballot style. ABSENTEE BALLOTS Absentee ballots are used for those registered voters who wish to have a ballot mailed to an address other than the voter's registration mailing address. Generally, an Absentee Ballot is issued only if a voter will be out of town for the entire period between the date the ballots are available in the Clerk's office and Election Day. (November 21 and December 13, 2011.) All applications for an Absentee Ballot to be mailed to a voter must be received by December 6, 2011, unless special arrangements are made with the City Clerk. Issuance of Absentee Ballots after December 6 will be at the sole discretion of the City Clerk. Applications for Absentee ballots may be made on the City's approved Application for Absentee Ballot form, or in the form of a letter delivered by U.S. Mail, fax, email or hand delivery. All applications must be signed and must include the voter's residential address as well as the address to which materials are to be sent. Electronically submitted applications must be digitally signed or show a scanned hand signature on the application or request. A relative related by blood or marriage to the applicant may complete and submit applications for Absentee Ballot. Once an application for an Absentee Ballot is received, staff will mail a Ballot Packet to the address requested within 72 hours after the Ballot Packets are available in the Clerk's office or within 72 hours after receiving the application. Ballot Packets shall contain ballot styles according to Regulation U) in Findings and Order No. 1, 2011 of the Wheat Ridge Election Commission. Staff will indicate on the registration list the issuance of an absentee ballot and will stamp or write "ABSENTEE" on the front and back of the Return Envelope. Staff will maintain a separate list of Absentee Ballots issued. When Absentee Ballots are returned, they will be kept separate from ballot processing until after the polls close when it can be verified only the Absentee Ballot was voted and returned. 4 For oflirc u,t. on I~ Date Processed: Voter No.: Rb: APPLICATION FOR ABSENTEE BALLOT City of Wheat Ridge Municipal Runoff Election To the City Clerk of the City of Wheat Ridge: ---------------------am a registered voter in the City of Wheat Ridge. Please provide me with an Absentee Ballot for the Election to be held on December 13, 2011 . My residential address is Please send my election supplies to the following address: I affirm, by my signature below, that the voter indicated above will be or is expected to be unable to obtain, complete and return the Ballot Packet sent previously due to his/her absence or other circumstance for the entire period between the date ballots are available in the City Clerk's Office and Election Day. Signature: _____________ Date of application _____ _ Submitted by (full name) _________________ _ Relationship ______ --=--------,----- ( If applying for an application for a person other than yourself, you must be related to the person by blood or marriage) Optional: Phone No. ____________ _ Email address: ___________ _ ABSENTEE BALLOTS MUST BE RETURNED TO THE CITY CLERK'S OFFICE NO LATER THAN 7:00 PM ON ELECTION DAY IN ORDER TO BE COUNTED Application Form Approved by the City of Wheat Ridge Election Commission 11/23/2011 5 WALK IN VOTING AND REPLACEMENT BALLOTS All walk-in voter and replacement ballot requests will be handled by the staff in the City Clerk's office. 1. No sooner than November 21 and no later than 7:00P.M. on Election Day (December 13), Ballot Packets will be available in the City Clerk's office. 2. Any elector who did not receive a Ballot Packet, who has lost or spoiled their Ballot, or whose Ballot is defective or damaged, may request a replacement Ballot Packet from the City Clerk. The voter will be required to complete an Application for Replacement Ballot form before a ballot may be issued. 3. If an elector has received a Ballot, but does not have it with them, and wants to vote while they are at City Hall, a Replacement Ballot may be issued after the voter has completed an Application for Replacement Ballot. 4. The Application for Replacement Ballot form may be submitted by U.S. Mail, fax, email, or hand delivery. All Electors requesting a Replacement Ballot must sign the Application for Replacement Ballot specifying the reason for the Replacement Ballot prior to a replacement ballot being issued. 6 Application for Replacement Ballot-City of Wheat Ridge, Colorado Municipal Runoff Election-December 13, 2011 To: Michael Snow, City Clerk ------------------request a Replacement Ballot be issued to me for the following reason: ______ I did not receive the Ballot which was mailed to me ______ The Ballot was destroyed/damaged/lost ______ I spoiled the Ballot ______ I moved to my current address BEFORE November 14,2011 but did not change my voter registration records (Requires Certificate of Registration from County). ______ Name not on Registration List (Requires Certificate of Registration from County) ______ Other _________________________ __ I CERTIFY THAT I HAVE NOT as of this date voted a Ballot issued for this election and I do not intend to vote except by requesting and voting this Replacement Ballot. I acknowledge that the original Ballot issued to me shall be voided and cannot be cast. I understand that if both the original and Replacement Ballots are cast, NEITHER Ballot shall be counted. Signature Date Address Phone No. Email address For Use by Clerk·s Office: Voter Number (if avail):-------- Date Replacement Issued:---------- Staff:---------------- Procedure for Issuing Walk-in, Replacement or Absentee Ballots A. Verify whether a Ballot was sent to the voter. ,.. If a Ballot was previously sent, confirm whether the Ballot was returned, either as voted or as undeliverable. If the Ballot was returned as undeliverable, determine the reason why-i.e. has the voter moved, was the address printed incorrectly etc. If the ballot was returned as voted, show it to the elector, and ask him/her to verify the signature on the envelope etc. ,.. If a Ballot was sent, but was not received by the voter, or has been lost by the voter after it was received, have the voter complete the Application for Replacement Ballot and issue a new Ballot Packet with the same Ballot Style as previously issued. ,.. If a Ballot was sent, but the voter will not be available to complete the voting of that ballot by Election Day, have the voter or applicant complete the Application for Absentee Ballot and issue a new Ballot Packet with the same Ballot Style as previously issued. B. If the voter indicates they have spoiled the Ballot, have the voter complete an Application for Replacement Ballot and issue to the voter a new Ballot Packet with same Ballot Style. If they have the original ballot with them, mark it SPOILED and attach it to the application. C. When any replacement or Absentee Ballot is issued, mark REPLACEMENT or ABSENTEE on the front and the back of the Return Envelope. Enter on the Registration List the date the replacement or absentee Ballot was issued. Issuance of a replacement or absentee Ballot AUTOMATICALLY voids the original Ballot issued. D. Voters may vote in the City Clerk's office, or take the Ballot with them. E. When replacement or absentee Ballots are returned, keep them separate from other Ballots. Attach a copy of the voter's completed Application for Replacement Ballot or Absentee Ballot to the returned envelope. No replacement or absentee Ballots may be opened until after the close of polls on Election Day. Verification of information on the return envelopes may begin prior to the close of the polls as long as the Ballots are not opened and counted. 8 Name City of Wheat Ridge Runoff Election December 13, 2011 Replacement and Absentee Ballots Issued Registration Address Voter# Date Issued Date Returned 9 OTHER ISSUES Name Not on the List: If the voter's name is not on the registration list call Jefferson County Election Division to see if the person is listed on their records. If there is a listing, CHECK THE REGISTRATION DATE-the voter must have registered before on or before November 14, 2011 to be eligible to vote. If the voter is not listed, but insists they registered through Motor Voter or otherwise, he/she can go to Jefferson County, complete a Certification of Registration, and bring that back to the Clerk's office. Once this is presented, follow the instructions above for issuing a Replacement Ballot. Voters who have moved: If an elector has moved into the city prior to the November 14 deadline, but failed to change their address on a valid registration, the voter must go to the County and complete a Certificate of Registration, and bring that to the Clerk's office. Once this certificate is presented to the City Clerk, the voter will be required to complete the Application for a Replacement Ballot, and then will be allowed to vote. 10 Processing Returned Ballots EACH DAY (beginning November 22, 2011) the process for receiving Ballots in the City Clerk's office shall be: 1. Staff or a designated Election Judge will date stamp the envelopes with the date they were received in the City Clerk's Office. The ballot envelopes will be bundled in batches of 50 and the bundles labeled according to a method determined by the Clerk. Ballots returned as "undeliverable" will also be date stamped and separately bundled in batches of 50. 2. Voters returning a Ballot Envelope to City Hall will be asked to check the back of the envelope for a signature, as well as verify that it is sealed before depositing the voted ballots in the locked ballot box located in the City Clerk's Office. City Hall will be open during regular business hours of Monday- Friday, 8:00A.M. to 5:00P.M. from November 21-December 12 (except for holiday closures on November 24-25), and from 7:00A.M. to 7:00P.M. on Election Day. 3. All ballot boxes will be secured in the City Clerk's locked storage overnight. 4. Any envelope stamped or marked REPLACEMENT or ABSENTEE should be date stamped with the date received then set aside in separate bundles of 50 for processing pursuant to the special requirements for these ballots. 5. Ballots returned as undeliverable will be date stamped with the date they are received. Staff or Election Judges will mark the poll book with the date the Ballot was returned by the post office. 6. Before, during and after processing, the Ballot Envelopes returned each day will be stored in a secured, limited access area in City Clerk storage. Each day a Daily Ballot Receipt Log will be filled out showing the ballots received that day. In addition, a Daily Totals Report will be completed at the end of each day. These two forms will be cross-checked periodically to make sure the numbers match. II City of Wheat Ridge Daily Ballot Processing Log December 13, 2011 Municipal Runoff Election DATE: December __ , 2011 Ballot Receipt Count VOTED BALLOTS Received: Ballots Returned as UNDELIVERABLE: Ballot Qualification Original Ballots Received: ABSENTEE Ballots Received: REPLACEMENT Ballots Received: SUPPLEMENTAL Ballots Received: TOTAL BALLOTS RECEIVED: Staff Signature: ________ _ 12 Daily Totals Report DATE: _____ _ Ballots Processed Ballot Styles #1 Received: Ballot Styles #2 Received: TOTAL BALLOTS RECEIVED: Total Ballot Bundles created: ___ _ Staff Signature: ________ _ 13 Verification and Counting Process As voted and undeliverable Ballot Envelopes are received, staff from the Clerk's office and/or hired Election Judges will batch them in bundles of 50 and label according to a method determined by the Clerk. Any envelopes stamped as Replacement or Absentee will be separated and set aside for the City Clerk's review prior to going to the Judges. Working with the bundles of 50, staff or designated election judges use the bar code on the envelopes to find the voter on the registration list, and will then mark "RET" and the same date as stamped on the envelope showing when it was returned next to the voter's name on the registration list. This work will begin on approximately December 5, 2011, and will continue on a daily basis as needed. As time permits after processing of the voted ballots, the designated election judge will also scan the bar code on the ballots returned as UNDELIVERABLE, and will note the date the ballot was returned as undeliverable in the poll book. The sorted, batched envelopes will be forwarded to the Election Judges with a daily receipt log, which will be used to confirm counts as the verification process continues each day. Election Judges will review each return-verification envelope to verify the following: • The Ballot was returned in the proper envelope. Any Ballot not returned in the verification envelope supplied will be marked DISQUALIFIED and will not be processed or counted. • The Return Envelope is signed by the voter. In the event the envelope is not signed by the voter efforts will be made by the Election Judges or staff to contact the voter. If time permits, a letter will be sent to the voter, instructing them that in order for the vote to count, they must come to City Hall, present a valid ID, and sign the envelope. If there is insufficient time to contact the voter by mail, efforts will be made to contact the voter via telephone. Staff will not be required to attempt to contact the voter more than once. • Any Return Envelope marked DISQUALIFIED or was otherwise not returned in the designated Return Envelope or was not signed by the voter, shall be set aside and not processed further. • The name and address printed on the envelope match the signature, and that these match the information printed on the Registration List. The City Clerk shall make final decisions as to matching of signatures to voter data. • The date the ballot was returned is marked in the poll book. 14 • There are no other notations in the poll book to indicate the voter has not already returned a Ballot or had a Replacement Ballot or an Absentee Ballot issued to them. If the Ballot validity is questioned for any reason, the judge shall mark the envelope and enter the reason on the registration list, and on the outside of the verification envelope (if not already done so), and shall set the Ballot aside, unopened, for return to the City Clerk for final verification. If the Ballot qualifies, the election judges shall open the envelope and separate the folded ballot from its envelope. Envelopes are to be kept in their processed batch. If more than one ballot is included in a single envelope, ALL will be disqualified. The Ballots will then be sorted by ballot style, counted and vote counts recorded on a Vote Tally sheet. All opened envelopes should be kept with their associated batch of ballots, along with the Vote Tally sheet and returned to the Clerk each day for locked storage. A Daily Reconciliation of Mail Ballots form shall be completed to show the number of envelopes returned, rejected and counted, for each batch. The total number of envelopes counted, less those rejected, must match the number of Ballots voted each day. VERIFICATION OF REPLACEMENT BALLOTS Any return envelope that contains a Replacement Ballot, (stamped "Replacement" on the outside of the front and back of the envelope) or an original Ballot for which according to the City Clerk's records, a Replacement Ballot was issued, will be set aside. The Election Judges may verify the information on the outside of the envelope for compliance, but may not open the envelope until after 7:00 PM on Election Day, and after all voting is completed. After 7:00 PM, the judges shall check the registration records to insure that the voter has voted only once, using the Replacement Ballot that was issued. If the voter returned both the original Ballot and the Replacement Ballot, NEITHER one shall be counted. All Replacement Ballots require a signed Application for Replacement Ballot attached to it in order for it to be counted. Only after the judges are able to verify that the voter returned only the Replacement Ballot, and that all information on the return verification envelope is complete and 15 correct, and that a signed copy of the sworn statement by the voter requesting the Replacement Ballot has been received, should the ballot be removed from the envelope and counted in the same manner as the other ballots. VERIFICATION OF ABSENTEE BALLOTS Any return envelope that contains an Absentee Ballot (stamped "Absentee" on the front and back of the envelope) OR an original ballot for which an Absentee Ballot was issued according to the City Clerk's records, will be set aside. The judges may verify the information on the outside of the envelope, but should not open the envelope until after 7:00P.M. on Election Day. After all voting is completed, but no sooner than 7:00 P.M. the judges shall check the registration records to insure that the voter has voted only once. If the voter returned both the original Ballot and the Absentee, NEITHER one shall be counted. Once verified that the voter only returned one ballot, the ballot may be opened and counted in the same manner as other ballots. 16 City of Wheat Ridge Daily Reconciliation of Mail Ballots December 13, 2011 Municipal Runoff Election Date: ___ _ Number of Ballots Returned and Verified: Less Number of Ballots Rejected for Insufficient Information: TOTAL NUMBER OF BALLOTS VERIFIED AND COUNTED Judge: 17 December 13, 2011 Municipal Runoff Election VOTE TALLY Date: ____ _ Batch ___ _ Beginning Count _______ _ Ending Count. ___________ _ Ballots Counted ________ _ Batch ___ _ Beginning Count _______ _ Ending Count. ___________ _ Ballots Counted ________ _ Batch ----Beginning Count _______ _ Ending Count. ___________ _ Ballots Counted. ________ _ Batch ----Beginning Count _______ _ Ending Count ___________ _ Ballots Counted ________ _ Batch. ___ _ Beginning Count _______ _ Ending Count ___________ _ Ballots Counted. ________ _ Judge: _____________ _ 18 These policies and procedures, Findings and Order No. 2, Series 2011 are hereby adopted by the Wheat Ridge Election Commission on this 23'0 day of November, 2011 . Peter Marks. Commissioner Lloyd Levy. Commissioner Michael Snow, City Clerk, Commission Chainnan 19 Ballot Receiving Process Ballot Batching-to be completed daily and throughout the day when possible: 1. Separate Voted from Undeliverable envelopes. 2. Date Stamp all envelopes with the date the envelope arrived at the City Clerk's Office. 3. Count and bundle Return Envelopes and Undeliverables into groups of SO for processing. Check-in-to be completed for each bundle of SO returned ballot envelopes: 4. Count the number of envelopes; Enter this on the Batch Tracking Sheet. S. Scan each Return Envelope to locate voter record in the Poll Book Master. 6. "Check In": a. Enter the date stamped on the envelope in the Poll Book. b. Enter the Batch# in the Poll Book. 7. Separate and set aside all TROUBLE Return Envelopes with noted exceptions: Absentee (ABTE), Replacement (RPLC), Supplemental (SUPP); Do NOT "Check In" any TROUBLE envelopes. 8. Verify each envelope for a signature and address (either printed or hand- written) a. Any envelopes with clear signature discrepancies or missing signatures should be set aside as per above and NOT checked in. b. Write REJECT on any rejected envelopes and enter RJCT in the Poll Book. c. Set these aside from the remainder of the Batch and make notes in the Poll Book to explain the reason for the rejection. 9. Record total number of TROUBLE ballots on the Batch Tracking Sheet. 10. Count the number of valid checked-in envelopes when completed. Enter this on the Batch Tracking Sheet. 11. Check that Ending Envelope Count plus# of Trouble Ballots equals the Beginning Envelope Count. 12. Enter team member initials on the Batch Tracking Sheet. Attach completed Batch Tracking Sheet to the batch of valid checked-in envelopes. 13. Return the TROUBLE ballots and completed Batch to "Ballot Central". Attachment 3 Casting Procedure Casting is conducted with a team of three judges utilizing a "Blackjack" method to remove ballots from return envelopes. All measures should be taken to assure anonymity of voters to their voted ballots. One team member, the "Dealer", sits across the table from the other two "Players". 1. Dealer: place a single batch of envelopes with the printed voter names facedown on the table to hide voters' names from the view of all team members. 2. Dealer: count the number of envelopes in the batch; enter this number on the Batch Tracking Sheet. 3. Dealer: remove the ballot from the first envelope without lifting it far enough to reveal the voter's name; take care to remove all materials contained in the envelope; directly hand the ballot to the Player on your left; place the envelope face down on your left. 4. Dealer: remove second ballot in the same manner, handing it to the Player on your right and placing it face down on your right; proceed in this fashion, alternating left to right through the entire batch. 5. Dealer: should an envelope be empty, directly write on the envelope "EMPTY" and the Batch#; set the envelope aside from other piles. 6. Players: directly unfold the ballot and begin stacking them voted side up until completed. 7. Players: should you discover that the Dealer handed you two or more ballots from a single envelope, immediately speak out to stop casting until resolved; refold these multiple ballots and hand them to the Dealer. 8. Dealer: insert the multiple ballots back into the envelope from which they were removed, taking care to not lift the envelope far enough to reveal the voter's identity; write directly on the envelope "MULTIPLE" and the Batch No.; set the envelope aside from other piles. 9. Dealer: once all ballots have been removed, count the number of Empty envelopes that contained no ballot; enter this number on the Batch Tracking Sheet; combine and count all empty envelopes again, verifying that no ballots or other materials were inadvertently left inside; enter this number on the Batch Tracking Sheet; write the Batch# on a sticky note, affix it to the bundle of empty envelopes; count the number of "Multiple" envelopes and write this number and your Initials on the Batch Tracking Sheet 10. Players: remove the tabs from all Ballots; sort the Ballots into piles by Ballot Style; combine like Ballot Styles with those of the other Player; Player 1 counts how many of Ballot Style 1, Player 2 counts how many of Ballot Style 2; combine these counts and note the total; exchange ballot piles and count again, verifying that the combined total is consistent and that it equals the Beginning# of Envelopes minus the# of Multiples and# Empty; write the number of Ballots and your Initials on the Batch Tracking Sheet 11. Players: bundle Ballot Styles separately, then attach the Ballot Tracking Sheet to the combined piles. 12. Dealer: return bundled empty envelopes, Multiples and Ballot Batch to "Ballot Central". Attachment 4 Tabulating Procedure 1. Begin a separate Tally Sheet for each Batch: enter the Batch# on the Tally Sheet; count all ballots and enter this number on the Batch Tracking Sheet. 2. Un-bundle and tally one Ballot Style at a time, beginning with Ballot Style 1. 3. As the first team member interprets the intended vote on each ballot, he/she should clearly speak it aloud, but in a low-level voice to keep observers from hearing 4. The second team member places a single hash mark in a separate box on the Tally Sheet for each vote indicated, filling boxes from top-to-bottom and left-to-right without skipping any boxes. 5. Once the ballots of one Ballot Style have all been interpreted and tallied, team members should exchange ballots and tally sheet to repeat steps 3 & 4 above; as the team member that initially marked the Tally Sheet interprets and speaks out the intended vote, the other team member now makes an opposite hash mark in each box, completing an "X" for each vote indicated. 6. At the completion of repeat-tallying Ballot Style 1 votes, repeat steps 3-5 above for Ballot Style 2. 7. Should the resulting tally not result in only completed "X" marks on the Tally Sheet at the completion of each repeat-tallying, the team members should work to identify the discrepancy. To do so, team members should examine and discuss each ballot together. When a discrepancy of interpreting voter intent is revealed, team members should work to come to an agreement that is acceptable to each and note the RESOLUTION directly on the ballot. Once discrepancies are identified, a new Tally Sheet should be started and the entire process repeated. 8. As ballots are interpreted, team members may set aside individual ballots that do not clearly show voter intent until they've completed all of a Ballot Style. These can then be discussed between team members to reach a resolution, noting the resolution directly on the Ballot, before continuing the tally. 9. Over-votes and Under-votes may be set aside to count separately at the completion of all tallying. Whenever voter intent is in question, the Secretary of State's Voter Intent Guide should be consulted to reach a uniform and standard resolution. If any ballots cannot be resolved by the team, a City Clerk staff person will make a final determination of voter intent. 10. Once tallying is completed, enter the number of votes for each candidate on the Batch Tracking Sheet as well as the Over-votes and Under-votes; check that the total of these numbers equals the number of ballots counted initially; Initial the Batch Tracking Sheet, rebundle it with the ballots and return them to "Ballot Central". Attachment 5 Ballot Mailing & Returns Mailed out Undeliverable Delivered to voters Cast/Counted Active 14,232 0 14,232 4,434 Inactive 6,992 3,071 3,921 65 TOTAL 21,224 3,071 18,153 4,499 Results 1-Nov Shaver 2,222 34.78% Ortiz 1,012 15.84% Doze man 1,088 17.03% Keller 2,066 32.34% Undervote 1,058 Overvotes 10 Treasurer TOTAL 6,388 6,442 TOTAL 13-Dec Shaver 2,301 51.29% Keller 2,185 48.70% Undervote 12 Overvotes 1 TOTAL 4,499 Percentage Comparison 1-Nov Shaver 2,222 51.81% head/head Keller 2,066 48.18% TOTAL 4,286 Attachment 6 2011 Runoff Election Expenses Notification Postcard $5,105.98 Printing $2,710.62 Postage $2,395.36 Ballots $25,426.20 Ballots $5,619.25 Envelopes $4,300.00 Data $8,101.95 Postage $7,405.00 Staffing 65 days $90/day $5,850.00 Other $603.53 Meals $465.09 Supplies $138.44 TOTAL $36,985.71 Attachment 7