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HomeMy WebLinkAbout15-10 ResolutionRECORD OF RESOLUTIONS 15 -10 Resolution No. Passed A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO MEMORANDUMS OF UNDERSTANDING WITH THE FRANKLIN COUNTY BOARD OF ELECTIONS FOR USE OF MUNICIPAL PROPERTY IN THE ADMINISTRATION OF PUBLIC ELECTIONS 20 WHEREAS, the City of Dublin recognizes the need to support our democratic system with the facilitation of public elections; and WHEREAS, the City of Dublin strives to provide accessibility to and functionality of the polls for all residents, including those with disabilities, by maintaining compliance with the Americans with Disabilities Act; and WHEREAS, the Franklin County Board of Elections has requested that the City of Dublin execute memorandums of understanding to formalize the voting location arrangements for the calendar year ending December 31, 2010. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, State of Ohio, _ Z�—L of the elected members concurring that: Section 1. The City Manager is hereby authorized to execute the "Dublin 4 -C Memorandum of Understanding," attached hereto as Exhibit "A" regarding the use of Dublin City Hall as a polling location. Section 2. The City Manager is hereby authorized to execute the "Dublin 2 -E Memorandum of Understanding," attached hereto as Exhibit "B" regarding the use of the Dublin Community Recreation Center as a polling location. Section 3. This Resolution is effective upon passage, in accordance with Section 4.04(a) of the Revised Charter. Passed thisAAJ day of 2010. Mayor - Presi in Officer ATTEST: C� Clerk of Council CITY OF DUBLIN_ Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 -1090 Phone: 614 - 410 -4400 • Fax: 614 - 410 -4490 Iire To: Members of Dublin City Council From: Terry Foegler, City Manager N Date: February 18, 2010 Initiated By: Sara Ott, Senior Project Manager Re: Resolution 15 -10, Franklin County Board of Elections Memorandums of Understanding Summary Attached is legislation authorizing two memorandums of understanding with the Franklin County Board of Elections for public elections administered in the Dublin City Hall and Dublin Community Recreation Center during the calendar year 2010. The proposed memorandums of understanding are intended to clarify the City's role in providing space for elections. Key areas include: • The City shall furnish heat, light, electric power, and sufficient space to host the elections; • Access for Franklin County Board of Elections to the buildings for proper conduct of the elections and access to voting equipment; • Designates City personnel responsible for opening and closing the facilities on election day(s); • Requires that the City notify the Board of Elections not later than 60 days prior to any election if the facilities are vacated by the owner. Furthermore, the resolution reaffirms the City of Dublin's commitment to providing accessibility to the polls for voters with disabilities by maintaining compliance with the Americans with Disabilities Act. The Franklin County Board of Elections requested these memorandums to formalize its relationship with entities providing all polling sites. Staff's review of the memorandums indicates no concerns with the City's ability to meet any of the obligations to ensure safe and accessible polling locations for Dublin residents. Recommendation Staff recommends adoption of Resolution 15 -10. NF Fr ranklin County Where Government Works BOARD OF ELECTIONS Michael Stinziano, Director Matthew M. Damschroder, Deputy Director January 30, 2010 Re: Public Facilities used as Voting Locations G1 To Whom It May Concern: On behalf of the Franklin County Board of Elections, I personally want to thank you and all of the physical facility managers, staff, and other administrators who have assisted the Board in holding our elections by providing space to be used on Election Day as a voting location. Due to your assistance, voters in your immediate neighborhood are able to exercise their right to vote. The year 2010 is going to be a busy year for elections administration in Franklin County with many high - profile federal, state, and local contests on the ballot on May 4 and November 2. To help us accomplish our statutory duty to provide voting locations for Election Day, we trust that we will be able to contract with you this year for space in your facility to be used as a voting location. To assist us with managing expectations, a Memorandum of Understanding for the use of your facility has been incuded. In addition, we have enclosed a Logistical Information Sheet for your specific building; this form will allow us to communicate key information such as the voting machine delivery schedule, availability of accessible parking and voting spaces, equipment requirements such as tables and chairs, and power availability. Most importantly, this information allows for accurate'contact information for your local personnel who may need to be contacted in the event of an emergency before, during, or after Election Day. We continue to build on our commitment to full accessibility to our voting locations for voters with disability - not only because the Board of Elections has a statutory responsibility to do so, but also because we want to ensure that all voters can take full advantage of their right to vote in an independent and uncompromised manner. As a public facility, you may have the same federal and state accessibility requirements that govern elections administrators. Our most ubiquitous challenge continues to be accessible parking spaces. Please have any upgrades complete by March 15 so that we can verify compliance. In the event that we determine a facility to be noncompliant with accessibility requirements, we will install temporary signage and additional equipment to mitigate situations that might cause an accessibility liability to the Board of Elections on Election Day. over FRANKLIN COUNTY BOARD OF ELECTIONS 280 East Broad Street Columbus, Ohio 43215 (614) 462 -3100 (614) 462 -3489 FAX http://Vote.FranklinCounty0hio.gov BOARD MEMBERS Douglas 1. Preisse - Chairman Michael F. Colley, Esq. Kimberly E. Marinello Joseph L. Mas, Esq. FRANKLIN COUNTY BOARD OF ELECTIONS Memorandum of Understanding for Polling Places in Public Buildings Supported by Taxation G1 LID# 1078 Dublin 4 -C Dublin City Hall 5200 Emerald Parkway The Franklin County Board of Elections, 280 East Broad Street, Columbus, Ohio 43215 (hereinafter, the "Board "), by and through its statutory authority to determine public schools and public buildings as suitable and available for use as a polling place enters into this Memorandum of Understanding with the undersigned facility occupant for purpose of establishing communication between, determining obligations for, and managing expectations of the Board and undersigned facility occupant in the Board's use of this facility as a voting location for any election authorized by Title XXXV of the Ohio Revised Code for the calendar year ending December 31, 2010, including but not limited to the May 4, 2010 primary, August 3 special, and November 2 general elections. Section I. ADEQUATE FACILITIES FOR EACH POLLING PLACE PURSUANT TO R.C. 3501.29(A) It is agreed that sufficient space to conduct elections, as determined by the Board, as well as heating, cooling, light, electric power, and other such public utilities will be furnished to the Board by the undersigned facility occupant when such space is occupied by the Board. It is further agreed that authorized representatives of the Board shall have peaceable and unhampered possession of and access to the undersigned occupant's facility during such hours as the Board may required for the necessary and proper conduct of elections, including but not limited to Election Day and the delivery, retrieval, and maintenance of voting equipment prior to and following Election Day. It is further agreed that on Election Day precinct election officials, representatives of the Board, and other individuals authorized by Ohio law will have access to the location beginning not later than 5:30 a.m. until such time as the precinct election officials have departed and delivered to the Board all required materials and supplies necessary to certify unofficial election results and as are otherwise required by state law, generally, not later than 11:00 p.m. It is further agreed that the undersigned facility occupant will designate a responsible person to open and close the location on Election Day, not later than 5:00 a.m. nor earlier than 11:00 p.m., respectively, or provide a key to the facility for use by the Board. The Board certifies that it will maintain the key in a safe and secure place while in its possession. In the event that the Board requires access to the facility outside of these agreed upon times, the undersigned facility occupant will provide immediate, peaceable, and unhampered access to the facility as is necessary and proper for the conduct of elections. It is further agreed that the undersigned facility occupant will abide by all relevant federal and state laws that may be incumbent upon it as a result of its execution of this Agreement except those rights reserved to or by the undersigned facility occupant to which the undersigned facility occupant. SECTION II. ACCESSIBLE FACILITIES FOR EACH POLLING PLACE PURSUANT TO R.C. 3501.29(6)(1) Notwithstanding any other section of federal or state law to the contrary, it is agreed that the undersigned facility occupant shall provide the following: (a) a facility that is free of barriers that would impede ingress and egress of handicapped persons on the shortest accessible route from the parking lot to the room in which the polling place is located inside the facility or that has been temporarily retrofitted to accommodate handicapped persons, including but not limited to entrances that are level or are provided with a nonskid ramp of not over eight per cent gradient, if applicable and doors that are a minimum of thirty -two inches wide; and (b) the minimum number of special parking locations, also known as handicapped parking spaces or disability parking spaces, for handicapped person in accordance with 28 C.F.R. Part 36, Appendix A, and in compliance with division (E) of section 4511.69 of the Revised Code and any other relevant municipal ordinance (see Appendix A). (c) additional items required under section 3501.29 of the Ohio Revised Code, as outlined in Appendix A. It is further agreed that in all circumstances the Board has the right to install temporary equipment, including but not limited to traffic cones and signage, to mitigate the circumstances that, in the opinion of the Board, render the facility inaccessible for use as a polling place. SECTION III. TERMINATION AND TRANSFER In the event the undersigned facility occupant shall vacate said room at any time during the life of this agreement, the signer shall notify the Board of such vacation at once. Proper notice shall be given to the Board not later than sixty (60) days prior to any election. The Board shall not be held responsible for payment of fees to any other person or entity. The Board reserves the right to terminate this Memorandum of Understanding for any reason and at any time without notice to the undersigned facility. SECTION IV. COMPENSATION Whereas Ohio law requires the authority which has the control of any building or grounds supported by taxation under the laws of this state to make available the necessary space therein for the purpose of holding elections and adequate space for the storage of voting machines, without charge for the use thereof upon application of the Board, the undersigned parties agree that the Board shall pay a reasonable sum for necessary janitorial service at the rate of $20.00 for every hour on each Election Day for which the facility is used a polling place under this Agreement, beginning at 5:00 a.m. and concluding at 11:00 p.m., during which the building is not otherwise normally and customarily open to the public. The undersigned facility occupant shall bill the Board, not later than ten days following the Election Day on which the facility was used as a polling place under this agreement, for janitorial fees as herein agreed to. SECTION V. LOCATION(S) COVERED BY THIS AGREEMENT Dublin City Hall 5200 Emerald Parkway Dublin, OH 43017 Agreed to and entered into by and between the Franklin County Board of Elections and undersigned facility occupant this day of 2010. FACILITY OCCUPANT: Authorized Signature: Print Name: Title: FRANKLIN COUNTY BOARD OF ELECTIONS: Authorized Signature: Print Name: HAROLD FIELDER Title: LOGISTICS MANAGER Complete and sign both copies of this Memorandum of Understanding, keeping the yellow copy for your files, and return the white copy to: Franklin County Board of Elections Logistics Division 1719 Alum Creek Drive Columbus, Ohio 43207 If you have any questions, please call 462 -5213. APPENDIX A This appendix is not intended to provide a legal interpretation of, replace, or supersede the requirements of 28 C.F.R. Part 36, Appendix A nor R.C. 4511,69(E) but is provided as a courtesy to the public facility occupant as to the minimum expectations of the Franklin County Board of Elections as it relates to accessible parking spaces for persons with disabilities. MINIMUM NUMBER OF HANDICAP ACCESSIBLE PARKING SPACES RELATIVE TO TOAL PARKING SPACES 1 to 25 1 26 to 50 2 51 to 75 3 76 to 100 4 101 to 150 5 151 to 200 6 201 to 300 7 301 to 400 8 401 to 500 9 501 to 1000 2 percent of total In the event that the facility has parking spaces greater than 1,000 in number, there should be 20 handicap accessible parking spaces plus 1 for each 100 spaces over 1,000. HANDICAP ACCESSIBLE PARKING SPACE DESIGN Handicap accessible parking spaces in the minimum number described above need not be provided in the same lot as is normally and customarily available for all other voters but may be provided in a different location if equivalent or greater accessibility, in terms of distance from an handicap accessible entrance on the shortest accessible route from the parking lot to the room in which the polling place is located inside the facility, cost convenience is ensured. Except as is required for "van accessible" parking spaces, access aisles adjacent to handicap accessible spaces shall be 60 inches (1525 mm) wide minimum. One in every eight handicap accessible spaces, but not less than one, shall be considered "van accessible" and served by an access aisle 96 inches (2440 mm) wide minimum HANDICAP ACCESSIBLE PARKING SPACE SIGNAGE A sign must be displayed for each handicap accessible parking space. The handicapped accessible parking space sign must be located in a manner so it cannot be obscured by a vehicle parked in the space. Signs should be placed 60 inches (5 feet) minimum above the finish floor or ground surface measured from the bottom of the sign. Sign size shall be a minimum of 12 inches (1 foot) wide by 18 inches (1 foot -6 inches) high. The color of the sign shall be blue with white lettering and icons. The words HANDICAPPED PARKING must be contained on the handicap accessible parking space sign and appear above the international symbol for accessibility. The words VAN ACCESSIBLE must be contained on the handicap accessible parking space sign and appear below the international symbol for accessibility for signs designating a "van accessible" parking space. The sign (or an additional sign attached to the same sign post but below the primary signage) must contain language stating the dollar amount of the fine that can be applied to unauthorized persons parking in the handicap accessible parking space. Recommended language for the placard is "UP TO $500 FINE" for handicap accessible parking spaces serving buildings located within the City of Columbus and "UP TO $250 FINE" for all others. Note that painting the international symbol for accessibility on the ground alone does not sufficiently designate a parking space as handicap accessible.