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HomeMy WebLinkAbout2021-113 Council ResolutionCITY OF LINO LAKES RESOLUTION NO.21-113 AUTHORIZING EXECUTION OF A JOINT POWERS AGREEMENT WITH ANOKA COUNTY REGARDING CONDUCT OF ELECTIONS WHEREAS, Anoka County provides assistance to cities in conducting elections; and WHEREAS, when appropriate, Anoka County Elections Department implements the replacement of voting equipment throughout the county; and WHEREAS, a multi jurisdictional joint powers agreement has been in place since 2013 that provides for purchase of voting equipment, cost sharing and addresses elections duties and responsibilities; and WHEREAS, Anoka County Elections has prepared and is recommending execution of a new joint powers agreement with updated language; and WHEREAS, the Anoka County Board of Commissioners approved the joint powers agreement and requested consideration by local jurisdictions; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota that the Joint Powers Agreement between Anoka County and the municipalities, townships and school districts in Anoka County regarding allocation of election expenses be approved for the term beginning January 1, 2022 through December 31, 2025 with provisions for renewal. Adopted by the City Council of the City of Lino Lakes this 1 lth day of October, 2021. The motion for the adoption of the foregoing resolution was introduced by Councilmember Lyden and was duly seconded by Councilmember Cavegn and upon vote being taken thereon, the following voted in favor thereof: Lyden, Cavegn, Stoesz, Rafferty The following voted against same: None (absent - Ruhland) -7. P- 0 L IMD Rafferty, Aayor ATTEST: n Bartell, City Cl rk CITY COUNCIL AGENDA ITEM 1E STAFF ORIGINATOR: Julie Bartell, City Clerk MEETING DATE: October 11, 2021 TOPIC: Consider Resolution No. 21-113, Authorizing Execution of Joint Powers Agreement with Anoka County for Election Equipment and Expenses VOTE REQUIRED: 3/5 BACKGROUND In 2013, the City entered into a joint powers agreement with Anoka County that manages replacement of voting equipment and certain ongoing election costs. The joint powers entities are all cities and school districts in the county. The agreement provides for equitable distribution of costs and has been successful in managing the replacement and upkeep of vote scanning equipment (2013), introduction of electronic poll books (2016), and replacement of ADA voter assist equipment (2021), while providing a stable cost to jurisdictions for annual budgeting. The Anoka County Board of Commissioners recently approved an updated joint powers agreement to allocate costs for election expenses. This updated agreement includes minor changes relating to dates, removal of hospital districts, and allocation of absentee ballot mailing costs. The agreement is proposed to be in effect for a four-year term, beginning January 1, 2022 until December 31, 2025, subject to automatic renewal on January 1 of each subsequent calendar year beginning January 1, 2026. RECOMMENDATION Staff is recommending approval of Resolution No. 21-113, Authorizing Execution of Joint Powers Agreement with Anoka County for Election Equipment and Expenses. ATTACHMENTS Joint Power Agreement 2020-2028 JPA Cost Sharing Estimate Section 7 Allocation of Election Expenses 1. Except as already specifically provided for herein, the Voting Equipment System procurement, maintenance and support cost shall be divided between the county, its municipalities, and school districts as follows: 1.1. The County shall incur 55% of the actual cost of procurement, operation, and maintenance of the system over the duration of this contract. 1.2. Municipalities located wholly or in part in Anoka County shall, collectively, incur 30% of the actual cost of procurement, operation, and maintenance of the system over the duration of this contract. 1.3. School Districts located wholly or in part in Anoka County shall incur 15% of the actual cost of procurement, operation, and maintenance of the system over the duration of this contract. 1.4. Anoka County shall make all payments and expenditures for capital and on- going operating and maintenance costs related to the system throughout the duration of this contract. 1.5. The annual fee for each jurisdiction shall be established as follows: 1.5.1. Each individual municipality shall pay a fee equal to that percentage of the total Anoka County population residing in that municipality at the time of the most recent census multiplied by the municipal share (30%) of the actual cost of procurement, plus the actual cost of operation and maintenance of the system, as solely determined by the County, calculated annually throughout the duration of the contract 1.5.2. Each individual school district shall pay a fee equal to that percentage of the total Anoka County population residing in that school district at the time of the most recent census multiplied by the school district share (15%) of the actual cost of procurement, plus the actual cost of operation and maintenance of the system, as solely determined by the County, calculated annually throughout the duration of the contract. 1.5.3. Each Governmental Entity shall be invoiced annually by June 1 for each calendar year of the agreement for the above referenced fees. Said fees shall be due and payable within thirty (30) calendar days of invoicing. 1.5.4. The Governmental Entities hereby agree that they will not reallocate any of the costs incurred herein. 1.6. For each governmental entity, the County shall determine that proportion of the ballot devoted to offices and questions for that entity as a percentage of the total number of column inches on the ballot, and provide an invoice to the governmental entity for that share of the cost of ballot printing, paper and normal delivery charges. 1.7. For each governmental entity, the County shall determine that proportion of the ballot devoted to offices and questions for that entity as a percentage of the total number of column inches on the ballot, and provide an invoice to the governmental entity for that share of the cost of postage for domestic mailed absentee ballots and absentee ballots cast under the Uniformed Overseas Citizens Absentee Voting Act (UOCAVA). CITY OF LINO LAKES RESOLUTION NO.12-136 AUTHORIZING EXECUTION OF A JOINT POWERS AGREEMENT WITH ANOKA COUNTY REGARDING CONDUCT OF ELECTIONS WHEREAS, Anoka County provides assistance to cities in conducting elections; and WHEREAS, Anoka County Elections Department staff are implementing a program to replace voting equipment throughout the county; and WHEREAS, a multi jurisdictional joint powers agreement has been developed that provides for purchase of voting equipment, cost sharing and addresses elections duties and responsibilities; and WHEREAS, the Anoka County Board of Commissioners approved the joint powers agreement on November 27 and requested consideration by local jurisdictions; WHEREAS, Anoka County is requesting that participating jurisdictions also approve the agreement and that they include language that allows for administrative approval of non - substantive changes; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota that the Joint Powers Agreement between Anoka County and the municipalities, townships and school districts in Anoka County regarding allocation of election expenses be approved for the term beginning January 1, 2013 through December 31, 2016 with provisions for renewal. Adopted by the City Council of the City of Lino Lakes this 10th day of December, 2012. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof. The following voted against same: Jeff Reinert, Mayor ATTEST: Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 3B STAFF ORIGINATOR: Julie Bartell, City Clerk MEETING DATE: December 10, 2012 TOPIC: Consideration of Resolution No. 12-136, Authorizing Execution of a Joint Powers Agreement with Anoka County for Conduct of Elections VOTE REQUIRED; 3/5 INTRODUCTION As part of 2013 budget discussions, staff informed the council of plans initiated by Anoka County to replace their voting equipment and implement equipment replacement throughout all cities and school districts in the county. BACKGROUND The process to prepare for equipment replacement has been led by Anoka County Elections staff and has included: a) Development of a proposal for equipment; b) Creation of a multi jurisdictional joint powers election agreement (the "JPA") that establishes Anoka County as the owner of the voting equipment system and calls for an annual fee to be paid by cities to supplement system costs; c) Inclusion within the JPA of provisions to address other elections duties and responsibilities and a cost sharing plan; d) Development of a timeline for approval of the JPA and for purchase of equipment early next year so that new equipment can be utilized in the 2013 fall elections. A memorandum is attached that includes details about the JPA as well as equipment cost history and projections for city contributions under the JPA for a ten year period. The Anoka County Board of Commissioners approved the JPA on November 27, 2012 and is requesting that jurisdictions in the county also approve the agreement with language that allows for administrative approval of non -substantive changes. RECOMMENDATION Staff recommends adoption of Resolution No. 12-136, Authorizing Execution of a Joint Powers Agreement with Anoka County for Conduct of Elections ATTACHMENTS Memorandum from Anoka County outlining JPA Preliminary Cost Sharing Plan ANOKA COUNTY ELECTIONS AND VOTER REGISTRATION 325 East Main Street Anoka MN 55303 (763) 323-5275 (763) 422-7526 (fax) elections@ co.a noka. m n.us MEMORANDUM TO: Anoka County Management Committee FROM: Cindy Reichert, Anoka County Elections Manager SUBJECT: Joint Powers Agreement for Conduct of Elections DATE: November 13, 2012 A voting equipment system is comprised of many components that work together to define ballots, cast and count votes, report, transmit, and display election results, and produce election audit information. The system includes ballot counters, ballot boxes, ADA compliant ballot markers, various software and hardware programs, servers, modems, and other ancillary system components. The system currently in use in all precincts of Anoka County is the "Accuvote Precinct Optical Scan System" purchased in 2000 from Global Election Systems. That purchase was based on a shared ownership model and required each city in Anoka County to purchase ballot counters and ballot boxes for use in the city voting precincts. The County also purchased several ballot counters to use as back-ups should any of the city -owned equipment need replacement, and has since purchased several reconditioned ballot counters to ensure successful operation of elections through calendar year 2012. The county has continually maintained responsibility for components used county -wide, like system software, servers, and modems. The time has come to replace the system. The equipment and its software run in a DOS platform that is no longer supported, and new units and parts are no longer available in the marketplace. The most unstable component is our system server which also operates on a DOS platform. That server cannot be replaced and the software that drives the system will not run in a more modern environment. It is imperative that the entire voting equipment system be replaced at the earliest opportunity. Anoka County has been working toward a complete system replacement scheduled for early 2013. Our staff has collaborated with Election.Managers of several other MN Counties, and with the Office of the Secretary of State to determine our -needs and options. We've alsuprocured'grant funds issued through the Help America.Vote Act to partially offset the cost of the -replacement. Changes in election law, technology and equipment certification standards have affected not only the technology we use, but the business model of system vendors. As a result, costs have risen considerably. Our planning has required us to consider many factors and we've worked to engage our partner cities and school districts in discussion. The result is a proposal to enter into a Joint Powers Agreement which addresses not only the equipment purchase itself, but also establishes a model for delivery of election services within our county. Process for Proposal Development In 2010 County election staff organized the "ACE Work Group" comprised of city and school district election administrators. Together we performed a systematic examination of the processes, responsibilities and obligations of each party to Anoka County's election system. We looked at administrative and technical processes, discussed how election services could be delivered in the most logical and cost-effective way, and implemented organizational and procedural improvements in our precincts and respective offices. Throughout the study and planning process the following basic premises were considered by our participants: • The electoral process is the bedrock of democracy and must be administered with the utmost level of professionalism and integrity • Government should provide necessary services in an efficient and effective manner at the lowest possible cost • Solutions developed must ease administrative burden and control the cost of services • The division of duties between county and local governmental units must be logical and effective • System security and legal defensibility must be maintained • Cost -sharing models to support the voting system must be equitable for all parties We also developed a cost sharing proposal for the next equipment purchase that goes beyond the initial capital purchase and provides on -going support to ensure the future integrity of the system. Following development of the ACE Work Group proposal, the "Anoka County Voting Equipment Task Force" was convened. This group, comprised of city and school administrators and board members, has met twice in 2012 to review, discuss, and adjust the plan. We are now ready to propose its adoption. Proposed Multi Jurisdiction Election Agreement The ACE Workgroup and Anoka County Voting Equipment Task Force are recommending adoption of an agreement between election jurisdictions in Anoka County that establishes Anoka County as the sole owner of the voting equipment system and calls for an annual fee to be paid to the county by cities and school districts to supplement system costs. The model used for our last system purchase separated ownership of the system into various pieces and parts, and did not address issues related to the system as a whole such as maintenance, required software and hardware upgrades, and replacement of non-functioning units. Establishing Anoka County as sole owner allows us to more effectively manage the vendor contracts and administrative tasks that apply county -wide. Rather than transferring ownership of individual components to our cities and schools, the county would collect a fee to supplement system costs. The proposed fee will be based on actual (and defined) capital and operating costs of the voting equipment system with cities paying 30%of the total cost and schools paying 15%, leaving the county with responsibility for 55.% of the total cost. Within those percentages, the cost to each individual city and school district will -be based upon their population at the time of the 2010 census. We are also recommending that the agreement include provisions to address other election duties and responsibilities. Statutes require the Office of the Secretary of State to develop a cost sharing plan for jurisdictions that share the same ballot. That plan allows cities to invoice school districts according to a complex formula for services that are not well defined. Jurisdictions can choose to use either the OSS cost sharing plan or share costs according to a negotiated agreement, as long as that agreement addresses all expenses included in the OSS plan. Our recommendation is to include language in our agreement that addresses each election duty spelled out in the OSS cost sharing plan. Both cities and schools would contribute their share to the county -wide system via the annual fee outlined above. The contribution of 15% of the total cost of the election system from schools effectively reduces the amount cities would be responsible for from 45% to 30%. In turn, cities would be prohibited from invoicing the schools for the "other election costs" specified in the agreement. This formula recognizes each party's statutory obligation to share costs, simplifies the fee structure, eliminates the flurry of potentially disparate invoices, and allows all parties to plan for a relatively stable budget expenditure each year. 2013 Voting Equipment Purchase Instability in the marketplace has led to a crisis in development and manufacturing of voting equipment in the United States. New laws were put into place with the adoption of the Help America Vote Act and a new federal agency, the Election Assistance Commission (EAC), was created to oversee voting equipment certification and distribution of federal grants for voting equipment replacement. That agency proved ineffectual and certification of equipment was at a near stand -still for several years. In the meantime, a series of corporate acquisitions left just a handful of vendors in business, seriously reducing competition. As a result, Minnesota (which requires all voting equipment to meet federal certification standards) has not certified "next generation" voting equipment. We are currently in a certification application blackout time period that will lift on December 1, 2012. We expectto see applications to our state from at least two voting equipment manufacturers in December. Once our choices have been established we must act quickly to make the purchase so that our new system can be fully operational in time for the fall 2013 local elections. Deployment of the system for 2013 local elections is highly desirable so that election administrators, poll workers, and voters can become familiar with the system well in advance of the State General Election of 2014. Purchase and Agreement Approval Timeline Timing of the certification and subsequent equipment purchase affects our agreement approval timeline. Though our cities and schools have expressed agreement in concept, specific system costs will not be known until early 2013. In the meantime, detailed estimates have been prepared and forwarded to each city and school district in Anoka County to include in their 2013 budget. Members of the Anoka County Board of Commissioners have been consulted throughout the process and are supportive of the efforts and recommendation made by the Work Group and Task Force. The County budget has also been structured to incorporate all elements of the equipment purchase and cost -sharing proposal. The Anoka County Elections Manager is scheduled to attend several city/school meetings and work sessions to answer questions and address concerns -during the months of November and December. The proposed timeline for -review and approval is as Tollows: Anoka County Management Committee review and approval November 13 Anoka County Board review and approval November 27 Deadline for approval by all parties to the agreement December 31