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HomeMy WebLinkAboutTC Digest 2015-09-25TOWN COUNCIL WEEKLY DIGEST Week of September 21-25, 2015 TIBURON Correspondence, Notices and other Information 1. Memo - Sept. 21- Scott Anderson: FEMA Coastal Hazard Flood Study 2. Email - Sept. 19 - Martin Knestrick - School Bus Program Thank you 3. Email - Sept. 23 - Robert Jupe Jr - Dog Walking Program Complaint 4. Letter - Sept. 23 - Meredith Rolfe - Short Term Rentals 5. Response to Application - Sept. 17 - PUC (Blue & Gold Rate Increase) Agenda, Minutes 1. Candidates Forum - Sept. 30 - Tiburon Town Hall 2. Cancellation - Oct. 7 - Regular Town Council Meeting REGIONAL, NOTICES AND AGENDAS Correspondence, Notices and other Information 1. Notice - Sept 18 - Asso. Of Bay Area Governments: Election of President & Vice President of ABAG * Council Only Town of Tiburon MEMORANDUM TO: Mayor & Members of the Town Council Peggy Curran, Town Manager FROM: Scott Anderson, Director of Community Development - SUBJECT: FEMA Coastal Hazard Flood Study ---Maps Now Finalized and Effective March 16, 2016 DATE: September 21, 2015 Following a substantial delay, FEMA has now adopted the revised Flood Hazard Rate Maps (FIRMs) affecting coastal and bay front areas of Marin County (see attached). The new maps become effective March 16, 2016. At that time, projects that constitute "new construction" or "substantial improvement" project must meet the new base flood elevations or otherwise comply with flood regulations if the project does not have a "complete" building permit application on file with the Town. Town staff has been and will continue to advise permit applicants of the pending flood map changes for those properties affected. Attachment: FEMA letter dated September 16, 2015 Federal Emergency Management Agency Washington, D.C. 20472 CERTIFIED MAIL IN REPLY REFER TO: RETURN RECEIPT REQUESTED 115 -C -I September 16, 2015 The Honorable Frank Doyle Mayor, Town of Tiburon 1505 Tiburon Boulevard Tiburon, California 94920 Dear Mayor Doyle: D] SEP 21 2O10 PLANNING Community: Town of Tiburon, CA Community No.: 060430 Map Panels Affected: See FIRM Index On May 21, 2014, you were notified of proposed modified flood hazard determinations affecting the Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) report for the Town of Tiburon, California. These flood hazards may include addition or modification to Base Flood Elevations (BFEs), base flood depths, Special Flood Hazards (SFHAs), zone designations, and regulatory floodways. SFHAs are the areas subject to inundation by the flood having a 1 -percent chance of being equaled or exceeded in any given year (base flood). The statutory 90 -day appeal period that was initiated on June 4, 2014, when the Department of Homeland Security's Federal Emergency Management Agency (FEMA) published a notice of proposed elevations of the flood having a 1 -percent chance of being equaled or exceeded in any given year (base flood) for your community in the Independent Journal, has elapsed. FEMA received no valid requests for changes in the flood hazard determinations. Therefore, the determination of the Agency as to the flood hazard determinations for your community is considered final. The final flood hazard determinations will be published in the Federal Register as soon as possible. The modified flood hazard determinations and revised map panels, as referenced above, are effective as of March 16, 2016, and revise the FIRM that was in effect prior to that date. For insurance rating purposes, the community number and new suffix code for the panels being revised are indicated above and on the map and must be used for all new policies and renewals. The modifications are pursuant to Section 206 of the Flood Disaster Protection Act of 1973 (Public Law 93-234) and are in accordance with the National Flood Insurance Act of 1968, as amended (Title XIII of the Housing and Urban Development Act of 1968, Public Law 90-448), 42 U.S.C. 4001-4128, and 44 CFR Part 65. Pursuant to Section 1361 of the National Flood Insurance Act of 1968, as amended, communities participating in the National Flood Insurance Program (NFIP) are required to adopt and enforce floodplain management regulations that meet or exceed minimum NFIP criteria. These criteria are the minimum and do not supersede any State or local requirements of a more stringent nature. This includes adoption of the effective FIRM and FIS report to which the regulations apply and the modifications made by this map revision. Our records show that your community has met this requirement. To assist your community in maintaining the FIRM, we have enclosed a Summary of Map Actions to document previous Letter of Map Change (LOMC) actions (i.e., Letters of Map Amendment (LOMAs), Letters of Map Revision (LOMRs)) that will be superseded when the revised FIRM panels referenced above become effective. Information on LOMCs is presented in the following four categories: (1) LOMCs for which results have been included on the revised FIRM panels; (2) LOMCs for which results could not be shown on the revised FIRM panels because of scale limitations or because the LOMC issued had determined that the lots or structures involved were outside the Special Flood Hazard Area as 2 shown on the FIRM; (3) LOMCs for which results have not been included on the revised FIRM panels because the flood hazard information on which the original determinations were based are being superseded by new flood hazard information; and (4) LOMCs issued for multiple lots or structures where the determination for one or more of the lots or structures cannot be revalidated through an administrative process like the LOMCs in Category 2 above. LOMCs in Category 2 will be revalidated through a single letter that reaffirms the validity of a previously issued LOMC; the letter will be sent to your community shortly before the effective date of the revised FIRM and will become effective 1 day after the revised FIRM becomes effective. For the LOMCs listed in Category 4, we will review the data previously submitted for the LOMA or LOMR request and issue a new determination for the affected properties after the revised FIRM becomes effective. If you have any questions regarding the necessary floodplain management measures for your community or the NFIP in general, we urge you to contact the Director, Federal Insurance and Mitigation Division of FEMA in Oakland, California, at (510) 627-7103 for assistance. If you have any questions concerning mapping issues in general or the enclosed Summary of Map Actions, please call our FMIX at the toll free number shown above. Additional information and resources your community may find helpful regarding the NFIP and floodplain management, such as The National Flood Insurance Program Code of Federal Regulations, Answers to Questions About the National Flood Insurance Program, Use of Flood Insurance Study (FIS) Data as Available Data, Frequently Asked Questions Regarding the Effect that Revised Flood Hazards have on Existing Structures, and National Flood Insurance Program Elevation Certificate and Instructions, can be found on our website at http://www.floodmaps.fema.gov/lfd. Paper copies of these documents may also be obtained by calling our FMIX. Sincerely, Luis Rodriguez, P.E., ' 'e Engineering Management Branch Federal Insurance and Mitigation Administration Enclosure: Final Summary of Map Actions cc: Community Map Repository Scott Anderson, Community Development Director, Town of Tiburon U.S. Representative Jared Huffman, 2nd District of California SOMA -2 FINAL SUMMARY OF MAP ACTIONS Community: TIBURON, TOWN OF Community No: 060430 To assist your community in maintaining the Flood Insurance Rate Map (FIRM), we have summarized below the previously issued Letter of Map Change (LOMC) actions (i.e., Letters of Map Revision (LOMRs) and Letters of Map Amendment (LOMAs)) that will be affected when the revised FIRM becomes effective on March 16, 2016. 1. LOMCs Incorporated The modifications effected by the LOMCs listed below will be reflected on the revised FIRM. In addition, these LOMCs will remain in effect until the revised FIRM becomes effective. LOMC Case No. Issued Project Identifier Panel New Panel LOMA 98-09-451A 04/22/1998 NO CASES RECORDED 06043000029A 06041C0488E 2. LOMCs Not Incorporated The modifications effected by the LOMCs listed below will not be reflected on the revised FIRM panels because of scale limitations or because the LOMC issued had determined that the lot(s) or structure(s) involved were outside the Special Flood Hazard Area, as shown on the FIRM. These LOMCs will remain in effect until the revised FIRM becomes effective. These LOMCs will be revalidated free of charge 1 day after the revised FIRM becomes effective through a single revalidation letter that reaffirms the validity of the previous LOMCs. LOMC Case No. Issued 1ate Project Identifier Old Panel New l Panel LOMA 98-09-451A 04/22/1998 GREENWOOD BEACH TIDE LOTS SUBDIV, LOT 7-- 418 GREENWOOD BEACH ROAD 06043000029A 06041C0488E LOMA 03-09-1066A fELAIREESTATES.L0T35.. 118 LELAND WA 10/06/2003 0601730465A 06041C0488E LOMA 04-09-0647A ARADISE CAY SOUTH CAY UNIT 1, LOTS 5, 6 03/17/2004 F0_ 106, 102 & 115 TRINIDAD DRIVE 0601730465A 06041C0486E LOMR-VZ 12-09-2463A F336I2338MAREASTSTREET 10/23/2012 1 06041C0489D 1 06041C0489E 3. LOMCs Superseded The modifications effected by the LOMCs listed below have not been reflected on the Final revised FIRM panels because they are being superseded by new detailed flood hazard information or the information available was not sufficient to make a determination. The reason each is being superseded is noted below. These LOMCs will no longer be in effect when the revised FIRM becomes effective. LOMC Case No. Date Issued Project Identifier Reason Determination Will be Superseded 9/16/2015 Page 1 of 2 FINAL SUMMARY OF MAP ACTIONS Community: TIBURON, TOWN OF SOMA -2 Community No: 060430 LOMC Case No. Date Issued Project Identifier Reason Determination Will be Superseded LOMA 199107850FIA 10/25/1991 BEL AIRE ESTATES, LOT 1 - 242 CECILIA WAY 1 1. Insufficient information available to make a determination. 2. Lowest Adjacent Grade and Lowest Finished Floor are below the proposed Base Flood Elevation. 3. Lowest Ground Elevation is below the proposed Base Flood Elevation. 4. Revised hydrologic and hydraulic analyses. 5. Revised topographic information. 4. LOMCs To Be Redetermined The LOMCs in Category 2 above will be revalidated through a single revalidation letter that reaffirms the validity of the determination in the previously issued LOMC. For LOMCs issued for multiple Tots or structures where the determination for one or more of the lots or structures has changed, the LOMC cannot be revalidated through this administrative process. Therefore, we will review the data previously submitted for the LOMC requests listed below and issue a new determination for the affected properties after the effective date of the revised FIRM. LOMC Case No. te Issued e Project Identifier Old Panel New Panel NO CASES RECORDED 9/16/2015 Page 2 of 2 Peggy Curran DIGEST c --.Z, From: Martin Knestrick <martin@knestrick.net> Sent: Saturday, September 19, 2015 11:08 AM To: Peggy Curran Subject: well done to all Attachments: PastedGraphic-2.tiff Peggy My interactions with you and others at Town Hall have typically been about problem solving. This is to take a break from all that to deliver a very heart -felt WELL DONE to you and anyone else on your staff for engineering the implementation of the school bus program. The traffic on Tiburon Boulevard shows a night and day difference. You've made it again enjoyable to live in this wonderful place Best wishes to you and all Martin Martin Knestrick E: martin@knestrick T: (415) 789-1110 M: (415) 578-8885 1 Peggy Curran DIGEST c-13 From: Robert Jupe Jr <poochpatrols©yahoo.com> Sent: Wednesday, September 23, 2015 1:45 PM To: Peggy Curran Subject: Non -permitted commercial dog walking Hello town council members, I have been working in conjunction with the town of Tiburon to become a permitted member of the commercial dog walking program here in Tiburon. Over the last couple years I have been able to use Reid Ranch Road and Gilmartin open space for which I am very thankful. I have paid for a costly insurance premium and policy, gone through getting a business license in Tiburon as well as buying the jersey to wear to show that I am in compliance with the commercial dog walking in Tiburon. Unfortunately over the last two years I have noticed many companies using Blackies pasture and the walkway to McKegney green for their commercial endeavors. I'm not talking about 1 to 3 dogs which is permitted, but I'm talking about 4 to 6 and sometimes more. In fact today I just saw somebody walking six dogs passed a policeman on the trail or bike path to McKegney green. That is very concerning to me considering it is supposed to be illegal to do that. It is extremely upsetting to play by the rules and then to have other companies disregard those rules and in fact not even have enforcement of those rules when I see a violation, a clear violation. What exactly am I paying for the use of? Should I cancel my policy and just use McKegney green and Blackies pasture and the bike path instead of the appointed areas? I paid close to $2000 annually for all the fees and insurance and feel like I'm being taken advantage of. Like I said this is been going on for years now and it took the fact that somebody walked their dogs passed a policeman without even a look or a stop or a talking to or a citation for me to become upset enough to email you all. Please help if you can I would just like an even playing field and a just system. Thank you, Robert Jupe Owner of sir walks a lot Sent from my iPhone i •RECEIVED _q SEP 2 3 2015 Dear Tiburon Town Council Members, TOWN MANAGERS OFFICE TOWN OF i BURON I am a lifelong member of the Tiburon community. My mother designed our family home and my father built it after work each night, finishing in 1950 when I was three. I lived there until I went away to college, later I got married and moved to Sacramento. A picture of me waving to the train when T was about four has been used in the Pictorial History of Tiburon coffee table book, several Ark front pages, and is now on one of the stanchions on the Tiburon Rail Trail. My parents lived in this house until they died; my husband and I visited them and Tiburon frequently. My father died in 2007, knowing that we would renovate the house, keep it as a second home, and would rent it on VRBO. This would allow us to keep the house and come back to Tiburon as often as we could. In our six years of renting our house, we have never had a complaint of any kind from our neighbors. We advertise the property as peaceful and relaxing, and we draw people. who are retired, visiting their grown children, or are vacationing with their young children and want a family oriented, quiet place to stay. I interview all guests and do not rent to people having parties. Our property has two neighbors, one to the north and one to the south. The other two directions have an empty lot and the bay. 1 have known the neighbors all or most of my life and am protective of their privacy and safety. One neighbor, Ruth Wosser, loves to meet our guests and has developed lasting relationships with some of the people who are repeat guests. Both neighbors prefer to have the house occupied rather than having it empty when we aren't there. I believe that my home shouldn't be penalized by the (very) few rentals that have had problem renters in the past. If all vacation rental owners paid the required Transient Occupancy Tax (TOT) the Town of Tiburon would have enough income to hire a full or part time person to do the enforcement necessary. A group of volunteer seasonal rental owners could supplement much of the work, especially gathering data. I would volunteer to do some of that. By banning rentals of less than 30 days, you eliminate the TOT income to Tiburon. In closing, I ask that you vote to allow Seasonal Rental Units to continue as is and if you do insist on a shorter time limit, that one week would be a reasonable compromise. Thank you for considering this issue, Meredith Rolfe (916) 217-5434 c_ -a DIGEST BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA Application of Blue & Gold Fleet, L.P. (VCC-77), For Authorization to Adjust Fares on Its Vessel Common Carrier Service on San Francisco Bay Between Tiburon on the One Hand and Authorized Points in San Francisco on the Other Hand Application No. A1508009 RESPONSE TO APPLICATION NO. A1508009 Pursuant to Rules 1.4(a)(2) and 2.6(c) of the California Public Utilities Commission's (the "Commission") Rules of Practice and Procedure, the Town of Tiburon ("Town") submits this Response to Application No. A1508009 of Blue & Gold Fleet, L.P. ("Blue & Gold"), dated August 10, 2015. Background The Town is a community of approximately 13.2 square miles in area located north of San Francisco. The Town is home to approximately 9,000 residents, many of whom commute regularly to San Francisco. The Town has an interest in this proceeding as it seeks to ensure its residents' access to affordable commuter mass transit routes between Tiburon and San Francisco. Correspondence and Communication All subsequent correspondence, communications and pleadings in connection with this Response or the Application should be directed to: Benjamin Stock, Town Attorney Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 Email: bstock@bwslaw.com bwslaw.com OAK #4844-8807.6840 vl 1. Grounds for Response Blue & Gold has requested "authorization to revise its Schedule of Passenger Fares in its Tariff to delete the Commuters (20 tickets) line item." (Application ¶ 8.) This item is a book of 20 one way tickets currently sold for $140 (i.e. $7.00 per trip) between Tiburon and San Francisco ("Commuter Rate"). Blue & Gold's adult individual ticket price for a one way trip between Tiburon and San Francisco is $11.50. Discontinuing the Commuter Rate would result in an increase of almost 60% for individuals commuting via Blue & Gold's ferries. Blue & Gold has provided this service for approximately twenty years. The Town is concerned that any substantial increase in rate for commuters will have an adverse impact on commuting patterns between Tiburon and San Francisco. Such an increase could result in commuters driving instead of taking transit, which would in turn have detrimental effects on the environment, increase the strain on the local roads, and worsen traffic during commute hours. As stated in its Application, Blue & Gold intends to transfer its commuter operations between San Francisco and Tiburon to the Golden Gate Bridge, Highway and Transportation District ("GGBHTD"). (Application ¶ 7.) The Town has an interest in maintaining current ridership levels pending any such transfer by avoiding any drastic changes to either the rates and/or schedules. This current proposal would adversely affect ridership with a substantial rate increase. Blue & Gold has verbally assured the Town that it does not intend to discontinue the Commuter Rate until after it transfers service to GGBHTD. Therefore, the Town would like the Commission to verify and, if appropriate, condition that any discontinuance of the Commuter Rate not occur until the current service is transferred to GGBHTD. Conclusion For the reasons set forth above, the Town requests that the Commission take this information into consideration in its decision. Dated: September 17, 2015 OAK #4844-8807-6840 vi 2 Respectfully submitted, BENJAMIN J. STOCK Town Attorney Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 Email: bstock@bwslaw.com Phone: (415) 435-7370 BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA Application of Blue & Gold Fleet, L.P. (VCC-77), For Authorization to Adjust Fares on Its Vessel Common Carrier Service on San Francisco Bay Between Tiburon on the One Hand and Authorized Points in San Francisco on the Other Hand Application No. A1508009 CERTIFICATE OF SERVICE I hereby certify that I have this day served a copy of RESPONSE TO APPLICATION NO. A1508009 on all known parties to Application No. A1508009 by transmitting an e-mail message with the document attached to each person named in the official service list. Executed on September (7, 2015 at , California. Benjamin J. Stock OAK #4839-9897-0408 vl Tiburon Town Council _i } LEST CANDIDATES FORUM Wed, Sept. 30, 6:30-9 p.m. Tiburon Town Hall 1505 Tiburon Blvd. 6:30-7 p.m. —Informal meet & greet for voters and candidates for Tiburon Town Council, Sanitary District No. 5 of Marin (Belvedere -Tiburon) and Richardson Bay Sanitary District boards. 7:30 p.m. Ark reporter will introduce sanitary district board candidates. 7:35-9 p.m. League of Women Voters moderator will introduce Tiburon Town Council candidates, who will make opening and closing statements and take written questions from audience. Hosted by The Ark Newspaper and League of Women Voters NOTICE OF MEETING CANCELLTION The regular Town Council Meeting on Wednesday, October 7, 2015 has been cancelled. 0 THE NEXT REGULAR MEETING is scheduled for WEDNESDAY, October 21, 2015, at 7:30 PM in the Town Council Chambers located at 1505 Tiburon Boulevard, Tiburon CA 94920. sl DIANE CRANE IACOPI, TOWN CLERK Posted at Town Hall cc: The Ark and Marin Independent Journal DIGEST ASSOCIATION OF BAY AREA GOVERNMENTS/e/c-i Representing City and County Governments of the San Francisco Bay Area Date: September 18, 2015 To: All Supervisors, Mayors, Councilmembers, Clerks of County Boards of Supervisors, City and Town Clerks, and Other Officers Having Charge of Elections in Member Jurisdictions From: Fred Castro Clerk of the Board Subject: NOTICE OF ELECTION OF THE PRESIDENT AND VICE PRESIDENT OF THE ASSOCIATION OF BAY AREA GOVERNMENTS The Bylaws of the Association of Bay Area Governments (Association) provide for the election of the President and Vice President every two years. With the concurrence of the Executive Board, and in accordance with election procedures adopted by the Board, notice is hereby given that an election of the President and Vice President will take place in 2015. The Bylaws provide that the President and Vice President shall be elected by secret ballot of supervisors, mayors and councilmembers of jurisdictions belonging to the Association. Per the Association's Legal Counsel, the secret ballot provisions of the Association's Bylaws for electing a President and a Vice President do not violate the Brown Act because the electors neither constitute a "body" nor fall within the Brown Act's definition of a "legislative body." Election Calendar • The offices to be filled are those of the President and Vice President of the Association. The term of office for these positions begins January 1, 2016 and expires December 31, 2017. • The period for filing nomination petitions with the Executive Director begins upon approval of the election calendar and ends at noon on Friday, October 9, 2015. Nomination petitions must be obtained from the Executive Director of the Association. • Ballots will be mailed to county and city clerks and others having charge of elections by Friday, October 16, 2015. • Completed ballots must be filed with the Executive Director no earlier than Monday, October 19, 2015 and no later than 12 noon on Monday, November 2, 2015. • Opening and counting of ballots will be conducted on Wednesday, November 4, 2015 at ABAG's offices. Mailing Address: P.O. Box 2050 Oakland, California 94604-2050 (5 10) 464-7900 Fax: (510) 464-7985 infowabag.ca.gov Location: Joseph P. Bort MetroCenter 101 Eighth Street Oakland, California 94607-4756 y 4' ABAG Notice of Election September 18, 2015 2 ■ Pursuant to the election rules, if no election is to be conducted because there is only one candidate for each office, a certification of election notice is to be mailed to county and city clerks and others having charge of elections by Tuesday, October 13, 2015. Please direct any questions to the Clerk of the Board at (510) 464 7913. Attachment: Procedures for Election of the President and Vice President Cc: Ezra Rapport, Executive Director Brad Paul, Deputy Executive Director Kenneth Moy, Legal Counsel ASSOCIATION OF BAY AREA GOVERNMENTS PROCEDURES FOR ELECTION OF THE PRESIDENT AND VICE PRESIDENT The Executive Board of the Association has adopted procedures for election of the President and Vice President of the Association. These rules are intended to govern the filing of Nomination Petitions, mailing and filing of Voter Ballots, and the canvassing of Voter Ballots. The following procedures have been adopted to govern elections of the Association and shall be liberally construed. DEFINITIONS "Voting Member" - any one of the following officers: Supervisor, Mayor, or City or Town Councilmember. Any action of a Voting Member taken under these Procedures (e.g., signing or circulating a petition or voting) shall be valid if the Voting Member held such office at the time of his or her acting, notwithstanding any subsequent change of status. "Member Jurisdiction" - any one of the counties, cities or towns which are members of the Association of Bay Area Governments. "Clerk" - the Clerk of County Board of Supervisors, City or Town Clerk, or other officer having charge of elections in a Member Jurisdiction. "Voter Ballot" - ballot which will contain the names of the nominees for the offices of President and Vice President. "Identification Envelope" - envelope which will contain the Voter Ballot as marked by the Voting Member, with the Declaration and Certification printed on its face. "Return Envelope" - envelope which will contain signed and unsigned Identification Envelopes. "Executive Director" - the Executive Director of the Association of Bay Area Governments. "Legal Counsel" - the Legal Counsel of the Association of Bay Area Governments. Procedures for Election Revised 9/17/92 2 NOMINATION Section 1 - Basic Reference - The regulations, procedures and forms set forth in the California Election Laws shall be utilized as a basic reference unless otherwise in conflict with the Bylaws or Procedures and approved by the Legal Counsel of the Association. Section 2 - Notice of Election - On or before the first day for filing Nomination Petitions, the Executive Director shall mail to each Voting Member and Clerk, 1) a Notice of Election and 2) a copy of the approved Procedures. The Notice shall contain a statement of: a. The offices to be filled and the term; b. The first and last day for filing of Nomination Petitions; c. The first and last day for the Executive Director to mail to the Clerks the Voter Ballots; d. The last day and time for the Executive Director to receive from the Clerk the Return Envelope containing the individuals Identification Envelopes with the enclosed Voter Ballots; and e. The date, time and place for counting Voter Ballots. Section 3 - Nomination Petition - Nomination Petitions for the offices of President and Vice President shall be substantially in the form set forth in the Elections Code and shall include the verified statement of acceptance. Nomination Petition forms shall be furnished only by the Executive Director. Section 4 - Signature of Voting Members - Not less than fifteen nor more than twenty Voting Members shall sign the Petition. No Voting Member may sign more than one Petition for the same office, and in the event he or she does so, his or her signature shall count only on the first Petition filed which contains his or her signature. Section 5 - Nomination for Office - Nominations shall close on the last day for filing of Nomination Petitions. If, at the close of nominations, only one candidate has been nominated for the office of President or for the office of Vice President, then such sole nominee is declared hereby to be elected to such office. Procedures for Election Revised 9/17/92 3 Section 6 - Circulation of Petition - Any Voting Member may circulate a Nomination Petition. The circulator must sign a Certificate of Circulator on the Nomination Petition. The signature to each Petition shall be on the same form, and each signer shall add the date of his or her signing, his or her official title, and his or her member county, city or town. Successive signers may not use ditto marks. Section 7 - Mailing of Ballots - The Executive Director, within the dates prescribed in the Notice of Election, shall mail to each Clerk one Voter Ballot and Identification Envelope for each Voting Member of his or her county, city or town and one Return Envelope to return the documents to the Executive Director. Section 8 - Voting of Ballots - Upon receipt of the items referred to in Section 7, the Clerk shall arrange to hand the Voter Ballot to each Voting Member. Each Voting Member shall mark his or her Ballot in the presence of the Clerk but in a manner that the Clerk does not see how it is being marked. Each Voting Member shall place his or her marked Ballot in the Identification Envelope, seal the Identification Envelope, sign the Declaration printed on the face of the Identification Envelope and hand it sealed to the Clerk before whom the Ballot is marked. The Clerk shall complete the Certification on the face of the Identification Envelope. The Clerk shall deposit the signed Identification Envelopes in a safe place in his or her office, to be kept by him or her until it is necessary to file the signed and unsigned Identification Envelopes with the Executive Director in accordance with the final date and time for such filing prescribed in the Notice of Election. Section 9 - Filing of Ballots - The Clerk shall place each signed Identification Envelope which contains a Voter Ballot from a Voting Member in the Return Envelope. The Clerk shall mail to the Executive Director the Return Envelope with enclosures, by the final date and time for such filing prescribed in the Notice of Election. No Voter Ballot shall be accepted for count by the Counting Board unless received within the time specified in the notice of Election and unless the Declaration by the Voting Member and Certification of the Clerk have been completed. Procedures for Election Revised 9/17/92 4 COUNTING AND CANVASSING OF THE VOTER BALLOTS Section 10 - Custody of Return Envelopes - The Executive Director shall have custody of all Return Envelopes after they are received from the Clerks and until the date and time for counting of Voter Ballots. Section 11 - Counting of Voter Ballots - The Executive Director shall commence to count the voter ballots on the date, at the time and in the place specified in the Notice of Election. The Executive Director may appoint a Counting Board to assist him in counting the Voter Ballots. No person who is a Voting Member shall be eligible to be appointed to the Counting Board. The Counting Board shall consist of not less than two and not more than four persons. The Executive Director shall determine the form of tally sheets and shall determine necessary and required procedures to assure an accurate counting of the Voter Ballots. Section 12 - Canvassing Board - A Canvassing Board shall be appointed by the President, subject to Executive Board confirmation, consisting of three persons who shall be voting members other than candidates for President and Vice President. A majority of this Board shall be present at all times during the counting of Voter Ballots and shall pass upon challenges of Voter Ballots, and all questions relating to the signing and certification of Identification Envelopes and the marking of Voter Ballots. The Canvassing Board further shall receive from the Executive Director the Voter Ballot tally results after completion of count by the Executive Director, and shall thereupon post the results and certify the count to the Executive Board. Section 13 - Public Attendance - The public shall be permitted to be in attendance during the counting and canvassing of the Voter Ballots, subject only to reasonable restrictions issued by the Executive Director to prevent interference with such counting and canvassing. Section 14 - Declaration of Election - Legal Counsel shall declare elected the persons having received the highest number of votes given for the offices of President and Vice President, submit a written declaration to the President and the Executive Director, and report the results to the Executive Board at its next regular meeting. In the event of a tie, selection will be by drawing of Tots.