2013-28407 Reso RESOLUTION NO. 2013-25407
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE CERTIFICATE
OF THE RESULTS OF THE NOVEMBER 5, 2013 SPECIAL
ELECTION FOR THE CITY OF MIAMI BEACH, AND DECLARING
RESULTS THEREOF.
WHEREAS, the Certification of the results of the November 5, 2013 City of Miami Beach
Special Election have been received and are attached hereto as Composite Exhibit "A" and are
incorporated herein; and
WHEREAS, said Certification reflects that:
Question "A" as set forth below was adopted by the electorate of the City of Miami Beach';
Question "B" as set forth below was adopted by the electorate of the City of Miami Beach;
Question "C" as set forth below was adopted by the electorate of the City of Miami Beach;
Question "D" as set forth below was adopted by the electorate of the City of Miami Beach;
Question "E" as set forth below was adopted by the electorate of the City of Miami Beach; and
Question "F" as set forth below was adopted by the electorate of the City of Miami Beach.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Miami-Dade County Canvassing Board
having canvassed the returns of the November 5, 2013 Special Election of the City of Miami Beach,
the Mayor and City Commission hereby adopt the certificate as to the results of said Special Election
and it is hereby ordered that the Certificate of Election and this Resolution be recorded in the
minutes of the November 12, 2013 City Commission meeting as a permanent record of the results of
said Special Election; and be it further resolved that, as a result of the City of Miami Beach
November 5, 2013 Special Election, the votes upon the questions presented reflect the following
results.
The six ballot questions have been lettered "A"; "B"; "C"; D "E"; and F for ease of reference
herein only and were not so lettered on the ballot.
1
Question "A":
PROHIBITION OF DISCRIMINATION BY CITY OF MIAMI BEACH IN EMPLOYMENT
PRACTICES AND BENEFITS OFFERED
SHALL PARAGRAPH A(17) OF THE MIAMI BEACH CITY CHARTER CITIZENS'
BILL OF RIGHTS BE CREATED BANNING DISCRIMINATION IN EMPLOYMENT
PRACTICES AND BENEFITS OFFERED BY THE CITY OF MIAMI BEACH BASED
UPON AN EMPLOYEE OR APPLICANT'S RACE, COLOR, NATIONAL ORIGIN,
RELIGION, GENDER, SEXUAL ORIENTATION, GENDER IDENTITY, DISABILITY,
MARITAL STATUS, FAMILIAL STATUS, OR AGE?
8,702 YES
1,487 NO
Question "B":
IMPROVEMENT OF PUBLIC EDUCATIONAL FACILITIES AVAILABLE TO MIAMI
BEACH CITIZENRY
SHALL PARAGRAPH A(19) OF THE MIAMI BEACH CITY CHARTER CITIZENS'
BILL OF RIGHTS BE CREATED TO SET FORTH THEREIN THE CITY OF MIAMI
BEACH'S POLICY TO COOPERATE WITH THE MIAMI-DADE COUNTY PUBLIC
SCHOOLS, AND WITH OTHER APPROPRIATE GOVERNMENTAL AGENCIES,
WHICH WILL STRIVE TO IMPROVE THE QUALITY AND QUANTITY OF PUBLIC
EDUCATIONAL FACILITIES AVAILABLE TO THE CITIZENRY OF THE CITY OF
MIAMI BEACH, FLORIDA?
8,092 YES
1,597 NO
Question "C":
CITY ASSISTANCE TO CONDOMINIUM AND CO-OP OWNERS
SHALL PARAGRAPH A(20) OF THE MIAMI BEACH CITY CHARTER CITIZENS'
BILL OF RIGHTS BE CREATED TO ACKNOWLEDGE THE PURPOSE AND
DUTIES OF THE CITY'S ADMINISTRATION AS ASSISTING CONDOMINIUM AND
CO-OP OWNERS TO NAVIGATE THROUGH THE CITY'S PERMITTING
PROCESS; FACILITATE RESOLUTION OF OTHER CONDOMINIUM-RELATED
ISSUES WITH OTHER OUTSIDE AGENCIES; AND ACT AS A LIAISON BETWEEN
CONDOMINIUM OR CO-OP OWNERS, MANAGEMENT FIRMS AND THE CITY?
6,620 YES
2,833 NO
2
Question "D":
CITYWIDE REFERENDUM REQUIRED TO REPEAL OR REDUCE PROTECTIONS
IN CITY CODE CHAPTER 62 ("HUMAN RELATIONS")
SHALL SECTION 1.07 OF THE MIAMI BEACH CHARTER BE CREATED TO
REQUIRE A MAJORITY VOTE IN A CITYWIDE ELECTION TO REPEAL,
DIMINISH, OR OTHERWISE NEGATIVELY IMPACT A RIGHT OR DUTY
ESTABLISHED IN CITY CODE CHAPTER 62 ("HUMAN RELATIONS") THAT
INURES TO THE BENEFIT OF A MEMBER OF THE CLASSIFICATION
CATEGORIES OF RACE, COLOR, NATIONAL ORIGIN, RELIGION, SEX, GENDER
IDENTITY, SEXUAL ORIENTATION, DISABILITY, MARITAL STATUS, FAMILIAL
STATUS, AND AGE AS DEFINED IN CITY CODE SECTION 62-31?
6,432 YES
2,577 NO
Question "E":
AMENDING CHARTER SECTION 1.03(B) RE: VOTER APPROVAL OF CERTAIN
CITY-OWNED PROPERTY
SHALL CHARTER SECTION 1.03(B) REQUIRING MAJORITY VOTER APPROVAL
BEFORE CITY'S SALE, LEASE EXCEEDING TEN YEARS, EXCHANGE OR
CONVEYANCE OF CONVENTION CENTER PARKING LOTS BE CHANGED TO:
• REQUIRE 60% VOTER APPROVAL INSTEAD; AND
• INCLUDE "CONVENTION CENTER CAMPUS" (ALL CITY-OWNED PROPERTY
WITHIN CIVIC AND CONVENTION CENTER DISTRICT EXCEPT CONVENTION
CENTER AND CARL FISHER CLUBHOUSE) WITHIN CATEGORY OF CITY-
OWNED PROPERTIES SUBJECT TO 60% VOTER APPROVAL REQUIREMENT?
6,684 YES
3,196 NO
Question "F":
ADVISORY, NON-BINDING STRAW BALLOT QUESTION — MEDICINAL
MARIJUANA RESOLUTION
SHOULD THE CITY COMMISSION ADOPT A RESOLUTION URGING THE
FEDERAL GOVERNMENT AND THE FLORIDA LEGISLATURE TO
DECRIMINALIZE AND AUTHORIZE THE MEDICINAL USE OF MARIJUANA?
6,686 YES
3,750 NO
3
BE IT FURTHER RESOLVED AND DETERMINED that Question "A" was
adopted Question "B" was adopted Question "C" was adopted ,
Question "D" was adopted , Question "E" was adopted and Question "F" was
adopted
PASSED and ADOPTED this 12th day of November, 2013.
ATTEST:
AT I H RE O ER, YOR
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F:\ATTO\TURN\RESOS\RESULT SPECIAL ELECTION NOV 2013.doc
4
**Official**
CERTIFICATE OF COUNTY CANVASSING BOARD
STATE OF FLORIDA)
MIAMI-DADE COUNTY)
We, the undersigned, County Judge SHELLEY J. KRAVITZ, Chairperson, County
Commissioner JEAN MONESTIME, Substitute Member, and Supervisor of Elections
PENELOPE TOWNSLEY, Member, constituting the Board of County Canvassers in and for said
County, do hereby certify that we met on the 8th day of November, 2013, A.D., and proceeded to
publicly recount the votes cast for the office herein specified at the City of Miami Beach General
and Special Elections held on the 5th day of November, 2013, A.D., as shown by the returns on
file in the office of the Supervisor of Elections. We do hereby certify from said returns as follows:
For MAYOR, the whole number of votes cast was 11,175 of which number
Steve Berke received 1,355 Votes
Michael Gongora received 4,072 Votes .
Raphael Herman received 107 Votes
Philip Levine received 5,641 Votes
MIAMI-DADE COUNTY CANVASSING BOARD:
County Judge SHELLEY J. KRAVITZ
Chairperson
County mmis n r E k MONESTIME
Substitute Mem er
Supervisor of Ele i PENELOPE TOWNSLEY
Member
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**Official**
CERTIFICATE OF COUNTY CANVASSING BOARD
STATE OF FLORIDA)
MIAMI-DADE COUNTY)
We, the undersigned, County Judge SHELLEY J. KRAVITZ, Chairperson, County
Commissioner JEAN MONESTIME, Substitute Member, and Supervisor of Elections
PENELOPE TOWNSLEY, Member, constituting the Board of County Canvassers in and for
said County, do hereby certify that we met on the 8th day of November, 2013, A.D., and
proceeded to publicly canvass the votes cast for offices and proposals herein specified at the
City of Miami Beach General and Special Elections held on the 5th day of November, 2013,
A.D., as shown by the returns on file in the office of the Supervisor of Elections. We do hereby
certify from said returns as follows:
For MAYOR, the whole number of votes cast was 11,176 of which number
Steve Berke received 1,355 Votes
Michael Gongora received 4,071 Votes
Raphael Herman received 107 Votes
Philip Levine received 5,643 Votes
For GROUP I - COMMISSIONER, the whole number of votes cast was 10,248 of which
number
Mohammed Islam received 411 Votes
Sherry Kaplan Roberts received 2,692 Votes
Micky Steinberg received 3,849 Votes
Elsa Urquiza received 3,296 Votes
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"Official"
For GROUP II - COMMISSIONER, the whole number of votes cast was 10,153 of which
number
Dave Crystal received 1,858 Votes
Jorge Exposito received 4,650 Votes
Michael Grieco received 3,645 Votes
For GROUP III - COMMISSIONER, the whole number of votes cast was 10,336 of which
number
Roger Abramson received 1,604 Votes
Matti Herrera Bower received 4,568 Votes
Joy Malakoff received 4,164 Votes
Prohibition of Discrimination by City of Miami Beach in Employment Practices and
Benefits Offered
Shall paragraph A(17) of the Miami Beach City Charter Citizens Bill of Rights be created
banning discrimination in employment practices and benefits offered by the City of Miami Beach
based upon an employee or applicant's race, color, national origin, religion, gender, sexual
orientation, gender identity, disability, marital status, familial status, or age?
YES 8,702 Votes
NO 1,487 Votes
Improvement of Public Educational Facilities Available to Miami Beach Citizenry
Shall paragraph A(19) of the Miami Beach City Charter Citizens' Bill of Rights be created to set
forth therein the City of Miami Beach's policy to cooperate with the Miami-Dade County Public
Schools, and with other appropriate governmental agencies, which will strive to improve the
quality and quantity of public educational facilities available to the citizenry of the City of Miami
Beach, Florida?
YES 8,092 Votes
NO 1,597 Votes
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City Assistance to Condominium and Co-op Owners
Shall paragraph A(20) of the Miami Beach City Charter Citizens' Bill of Rights be created to
acknowledge the purpose and duties of the City's administration as assisting condominium and
co-op owners to navigate through the City's permitting process; facilitate resolution of other
condominium-related issues with other outside agencies; and act as a liaison between
condominium or co-op owners, management firms and the City?
YES 6,620 Votes
NO 2,833 Votes
Citywide Referendum Required to Repeal or Reduce Protections in City Code Chapter 62
("Human Relations")
Shall Section 1.07 of the Miami Beach Charter be created to require a majority vote in a
Citywide election to repeal, diminish, or otherwise negatively impact a right or duty established
in City Code Chapter 62 ("Human Relations") that inures to the benefit of a member of the
classification categories of race, color, national origin, religion, sex, gender identity, sexual
orientation, disability, marital status, familial status, and age as defined in City Code Section
62-31?
YES 6,432 Votes
NO 2,577 Votes
Amending Charter Section 1.03(b) Re: Voter Approval of Certain City-Owned Property
Shall Charter Section 1.03(b) requiring majority voter approval before City's sale, lease
exceeding ten years, exchange or conveyance of Convention Center Parking Lots be changed
to:
• Require 60% voter approval instead; and
• Include "Convention Center Campus" (all City-owned property within Civic and
Convention Center District except Convention Center and Carl Fisher Clubhouse) within
category of City-owned properties subject to 60% voter approval requirement?
YES 6,684 Votes
NO 3,196 Votes
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Advisory, Non-binding Straw Ballot Question — Medicinal Marijuana Resolution
Should the City Commission adopt a resolution urging the Federal Government and the Florida
Legislature to decriminalize and authorize the medicinal use of marijuana?
YES 6,686 Votes
NO 3,750 Votes
MIAMI-DADE COUNTY CANVASSING BOARD:
County Judge SHELLEY J. KRAVITZ
Chairperson
County Com is ion r V12AN MONESTIME
Substitute
Supervisor Elections PENELOPE TOWNSLEY
Member
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MIAMIBEACH
OFFICE OF THE CITY MANAGER
LTC No. 404-2013 LETTER TO COMMISSION
TO: Mayor Matti Herrera Bower and Members f the City Commission
FROM: Rafael E. Granado, City Clerk
DATE: November 8, 2013
SUBJECT: NOVEMBER 5, 2013 GENERAL AND SPECIAL ELECTIONS OFFICIAL CERTIFICATE OF
COUNTY CANVASSING BOARD
Attached please find the Official Certificate of County Canvassing Board for the November 5,2013 General
and Special Elections, including the recount for the Mayoral Group
If you have any questions, please contact me.
JLM/REG/lh
Attachment
c: Jimmy L. Morales, City Manager
Jose Smith, City Attorney
We are committed to providing excellent public service and safety to all who live,work and play in our vibrant,tropical,historic community
F:ICLERICLER1000_ELECTION10000 2013 General ElectionWIISCELLANEOS WORD DOCSILTC 403-2013 Certification Of General And Special
Elections Results November 5 2013.Doc
/\A1A/\/\ 1BEACH
OFFICE OF THE CITY ATTORNEY
JOSE SMITH, CITY ATTORNEY COMMISSION MEMORANDUM
TO: MAYOR MATTI HERRERA BOWER
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JIMMY MORALES
FROM: JOSE SMITH
CITY ATTOR
DATE: NOVEMBE 1
SUBJECT: CITY RESOLUTION ACCEPTING RESULTS OF THE NOVEMBER 5, 2013
SPECIAL ELECTION AND DECLARING SPECIAL ELECTION RESULTS
Attached hereto is a Resolution' adopting the Certificate of the Results of the November 5, 2013
Special Election for the City of Miami Beach, and declaring the election results for the six ballot
questions which were the subject of the Special Election. The passage of this Resolution effectively
concludes acceptance of the election returns for the City of Miami Beach's November 5, 2013 Special
Election.
JS/DT/sc
F:WTTO\TURN\COMMMEMO\ResuIts of Special Election November 2013.docx
1 Upon receipt and finalization of the Certification of Election Results, same shall be attached to
the Resolution. - - - --- - --
Agenda Item R7A
Date II-12-13