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Resolution 2022-32270R E S O L U T IO N N O . 2022-32270 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE CERTIFICATE OF THE RESULTS OF THE AUGUST 23, 2022 SPECIAL ELECTION FOR THE CITY OF MIAMI BEACH, AND DECLARING THE RESULTS THEREOF. WHEREAS, pursuant to Florida law and the City Code, a Canvassing Board was appointed and authorized to canvass the City of Miami Beach's August 23, 2022 Special Election (the "Special Election"), which was duly conducted by the Elections Department of Miami-Dade County, Florida; and WHEREAS, the Canvassing Board was present at the Elections Department's tabulation of the returns of the Special Election; and WHEREAS, the Canvassing Board has certified the results of the Special Election; and WHEREAS, the Certificate of Election Results of the Special Election has been received and is attached hereto and incorporated herein as Composite Exhibit "A;" and WHEREAS, said Certificate reflects that: Question "A," as set forth below, was approved by the electorate of the City of Miami Beach.1 Question "B," as set forth below, was approved by the electorate of the City of Miami Beach. Question "C," as set forth below, was approved by the electorate of the City of Miami Beach. Question "D," as set forth below, was approved by the electorate of the City of Miami Beach. Question "E," as set forth below, was approved by the electorate of the City of Miami Beach. Question "F," as set forth below, was approved 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 Canvassing Board acting as the Miami Beach Canvassing Board having canvassed the returns of the August 23, 2022 Special Election of the City of Miami Beach, the Mayor and City Commission hereby (i) adopt the Certificate of Election Results for said Special Election, and (ii) order that the Certificate of Election Results and this Resolution be recorded in the minutes of the September 14, 2022 City Commission meeting as a permanent record of the results of said Special Election; be it further resolved that by the adoption of this Resolution, the Canvassing Board has discharged its duties for said Special Election; and be it further and finally resolved that, as a result of the City of Miami Beach's August 23, 2022 Special Election, the votes upon the questions presented reflect the results as set forth in the Certificate of Election Results. The text of the ballot questions submitted to the voters in this Special Election is as follows: 1 The 6 ballot questions have been lettered "A," "B," "C," D, "E" and "r" for ease of reference herein only and were not so lettered on the ballot. Miami Beach Referendum A Naming Park Between Alton Road/West Avenue, From 6th to 8th Street as "Canopy Park" In April 2022, the City took ownership of a 3.0-acre public park generally located between Alton Road and West Avenue, from 6th Street to 8th Street, constructed by TCH 500 Alton, LLC as part of a development agreement, at no cost to the City. The new park includes a botanical garden, dog park, a play and fitness area, and other elements around a central lawn. Shall the new public park be named "Canopy Park"? Yes 7,989 No 1,722 Miami Beach Referendum B RSA Article I: Board of Adjustment - Changing "Architecture" Membership Category from Permissible to Required Membership City's Related Special Acts Article I, establishes a Board of Adjustment ("BOA") appointed by City Commission, composed of two citizens at-large and five persons each representing one of these professions: Law, architecture, engineering, real estate development, certified public accounting, financial consultation, general business. Article I thus permits, but does not require, appointment of architect to BOA. Shall Article I be amended for limited purpose of requiring appointment of one member from the architecture profession? Yes 7,552 No 2,024 Miami Beach Referendum C Charter Section 6.03: Creating Additional Qualification Requirement for City Commission Candidates: Proof of Residency Documents Shall Charter Section 6.03 regarding "qualifying" for City elected office, be amended to create an additional qualifying requirement that candidates submit one (1) or more proof of residency documents upon which candidates rely to evidence their compliance with the Charter's existing requirement that candidates reside in the City for at least one year prior to qualifying for office? Yes 9,040 No 545 Miami Beach Referendum D RPS1 District/ RPS2 District FAR Incentive to Convert Remaining Apartment Hotel Uses to Residential Use City Charter requires voter approval before increasing a property's floor area ratio ("FAR") (City's method of regulating building size). In certain residential zoning districts south of 5th Street, apartment-hotels are now prohibited, but previously approved properties may continue such uses. Shall City increase FAR from 1.25 to 1.50 in RPS1 District, and from 1.50 to 1.75 in RPS2 District, to pro vide bonus FA R incentive only fo r pro perties converting apartm ent hotel uses to residential use? Y es 6,812 No 2,747 M iam i B e a ch R e fere nd u m E A lto n R o a d G a tew a y A rea In c rea se M axim u m Flo o r A rea R atio (FA R ) fr o m 2.0 to 2.6 City Charter requires voter approval before increasing a pro perty's floor area ratio ("FAR") (City's method of regulating building size). T he Alton Road G atew ay A rea, located betw een 5th and 8th Streets, from Alton Road to W est Avenue, has maxim um FA R of 2.0. S hall City increase maxim um FA R in above area fro m 2.0 to 2.6, only if existing community health center at 71 O A lton Road is relocated to another site, with new health facilities and public library? Y es 5,985 No 3,665 M iam i B e a ch R e fe re nd u m F C h a rt e r Se ct io n 1.0 3 (c): V o te r A p p ro v a l to A g g reg ate Flo o r A rea W hen V acating Stre e ts/C o n ve y ing Pub lic Pro p e rt y Charter S ection 1.03(c) requires voter appro val before increasing a pro perty's "floor area ratio" (how City regulates building size). T he Charter has been interpreted to not require voter approval to aggregate (combine) the floor area of unified abutting parcels (adjacent properties touching/not separated by a lot under diff erent ow nership) arising from vacating a street or other sale/conveyance of public pro perty. Shall the Charter be am ended to require voter approval of such floor area aggregations? Y es 7,394 No 2,135 B E IT F U R T H E R R E S O LV E D A N D D E T E R M IN E D that Q uestion "A" was appro ved, Q uestion "B" was approved, Q uestion "C" was approved, Q uestion "D" was approved, Question "E " w as approved, and Q uestion "F" was appro ved. P A S S E D and A D O P T E D this 14th day of Sep~22. aresr. al . R afael E. G ranado, City Clerk Dan G elber, Mayor APPROVED A S TO FORM & LAN GUAGE & FOR EXE C UT ION o Ci y Attomey P2,a7 9-1-2 Date C:\Users\attogona\AppData\Local\Microsoft\Windows\lNetCache\Content.Outlook\4TZ2DJ6K\Adopt Special Election Results August 23 2022.docx ...9 &iii'ii EXHIBIT A Elections 2700 NW 87th Avenue Miami, Florida 33172 T 305-499-8683 F 305-499-8547 TTY: 305-499-8480 miamidade.gov CERTIFICATION STATE OF FLORIDA) COUNTY OF MIAMI-DADE) I, Christina White, Supervisor of Elections for Miami-Dade County, Florida, do hereby certify that the attached is a true and correct copy of the Official Results for the Miami-Dade County Primary Election conducted on August 23, 2022, which included the Miami Beach Special Election: • Naming Park Between Alton Road/West Avenue, From 6th to 8th Street as "Canopy Park" • RSA Article I: Board of Adjustment - Changing "Architecture" Membership Category from Permissible to Required Membership • Charter Section 6.03: Creating Additional Qualification Requirement for City Commission Candidates: Proof of Residency Documents • RPS1 District/ RPS2 District FAR Incentive to Convert Remaining Apartment Hotel Uses to Residential Use • Alton Road Gateway Area Increase Maximum Floor Area Ratio (FAR) from 2.0 to 2.6 • Charter Section 1.03(c): Voter Approval to Aggregate Floor Area When Vacating Streets/Conveying Public Property WITNESS MY HAND AND OFFICIAL SEAL, AT MIAMI, MIAMI-DADE COUNTY, FLORIDA, ON THIS 29'/ DAY OF AUGUST, 2022 Cristina White Supervisor of Elections Miami-Dade County Enclosure Official CERTIFICATE OF COUNTY CANVASSING BOARD MIAMI-DADE COUNTY We, the undersigned, VICTORIA FERRER, County Judge, Chairperson, MIESHA DARROUGH, County Judge, Substitute Member, CHRISTINA WHITE, Supervisor of Elections, Member, constituting the Board of County Canvassers in and for said County, do hereby certify that we met on the Twenty-Ninth day of August, 2022 A.D., and proceeded publicly to canvass the votes given for the several offices and persons herein specified at the Nonpartisan Election held on the Twenty-Third day of August, 2022 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 Circuit Judge, 11th Judicial Circuit, Group 3, the whole number of votes cast was 266,233 of which Teressa Maria Cervera Lody Jean received 114,998 votes received 151,235 votes For Circuit Judge, 11th Judicial Circuit, Group 20, the whole number ofvotes cast was 261,619 of which Brenda Guerrero Robert Watson received 123,574 votes received 138,045 votes For Circuit Judge, 11th Judicial Circuit, Group 34, the whole number of votes cast was 262,875 of which Mark Blumstein Ariel Rodriguez received 127,575 votes received 135,300 votes For Circuit Judge, 11th Judicial Circuit, Group 52, the whole number of votes cast was 262,589 of which Jason Edward Bloch Oscar Rodriguez-Fonts received 130.369 votes received 132,220 votes For County Court Judge, Group S, the whole number of votes cast was 266,256 of which Renier Diaz de la Portilla Fred Seraphin received 115,826 votes received 150,430 votes For County Court Judge, Group 19, the whole number of votes cast was 259,506 of which Lissette De La Rosa Jeffrey Kolokoff received 132,064 votes received 127,442 votes 08/29/2022 1102:35 AM Official CERTIFICATE OF COUNTY CANY ASSING BOARD MIAMI-DADE COUNTY For County Court Judge, Group 42, the whole number of votes cast was 259,785 0f which Alicia Garcia Priovolos Scott Janowitz received 155,740 votes received I 04,045 votes For School Board, District 2, the whole number of votes cast was 25,410 of which Dorothy Bendross-Mindingall La-Shanda West received 19,107 votes received 6,303 votes For School Board, District 4, the whole number of votes cast was 26,146 of which Roberto J. Alonso Maribel Balbin Kevin Menendez Macki received 14,973 votes received 6,549 votes received 4,624 votes For School Board, District 6, the whole number of votes cast was 37,010 of which Sandra Manzieri Maria Teresa "Mari Tere" Rojas received 13,359 votes received 23,651 votes For School Board, District 8, the whole number of votes cast was 35,971 of which Monica Colucci Marta Perez received 19,322 votes received 16,649 votes For County Commissioner, District 2, the whole number of votes cast was 19,867 of which Wallace Aristide received 3,650 votes Monique Barley-Mayo received 811 votes Marleine Bastien received 4,699 votes Philippe Bien-Aime received 5,259 votes Joe Celestin received 1,301 votes William DC Clark received 4,147 votes For County Commissioner, District 6, the whole number of votes cast was 24,390 of which Kevin Marino Cabrera Dariel Fernandez Jorge Fors Victor Vazquez received 10,553 votes received 3,152 votes received 6,400 votes received 4,285 votes 08/29/2022 1.02:35 AM 2 Official CERTI FICA TE O F COUNTY CAN Y ASSING BO ARD M IA M I-DADE COUN TY For County Commissioner, District 8, the whole number of votes cast was 19,361 of whic h Alicia Arellano Karen Baez-Wallis Dan ielle Cohen Higgins received 3,941 votes received 4,425 votes received 10,995 votes For County Commissioner, District 10, the whole number of votes cast was 27,970 of which Martha Bueno received 6,088 votes Susan Kh oury received 4,559 votes Anthony Rodriguez received 15,583 votes Julio C. Sanchez received 1,740 votes For County Commissioner, District 12, the whole number of votes cast was 16,640 of which Juan Carlos "JC" Bermudez Sophia Lacayo received 11,00 l votes received 5,639 votes For K ey Biscayne M ayor, the whole number of votes cast was 3,073 of which Fa usto B. Gomez Katie Petros Jose I. "Joe" Rasco received received received 892 votes 793 votes 1,388 votes For M iaGardens Res Area Council M ember Seat 2, the whole num ber of votes cast was 4,035 of which Raymond Carvi! Lisa C. Davis Reginald Leon received received received 535 votes 1,349 votes 2,151 votes For M iaG ardens Res Area Council M ember Seat 4, th e whole num ber of votes cast was 3,609 of which Mykita Cherry-Prime Wiren "Chuck" Norris Katrina Wilson received received received 490 votes 907 votes 2,212 votes For M iaGardens At-Large Council M ember Seat 6, th e whole num ber of votes cast was 15,029 of which Robert Stephens André Williams received received 7,975 votes 7,054 votes 08/29/2022 1102.35 AM Official CERTIFICATE OF COUN TY CANVASSING BOARD MIAMI-DADE COUNTY For Community Council 15 Subarea 153, the whole number of votes cast was 5,543 of which Warnell "Pam" Green received 2,624 votes Marjorie Murillo received 2,919 votes For Golden Beh Wellness Ctr/Cap Improv, the whole number of votes cast was 228 of which For Bonds received 174 votes Against Bonds received 54 votes For Miami Amend Riverside Wharf lease, the whole number of votes cast was 34,782 of which Yes No received 20,910 votes received 13,872 votes For Mía Beh Naming Canopy Park, the whole number of votes cast was 9,711 of which Yes No received received 7,989 votes 1,722 votes For Mia Beh Architecture Membership Required, the whole number of votes cast was 9,576 of which Yes No received received 7,552 votes 2,024 votes For Mía Beh Proof Residency for Comm Candidates, the whole number of votes cast was 9,585 of which Yes No received received 9,040 votes 545 votes For Mia Beh Incentive FAR Hotel/Residential, the whole number of votes cast was 9,559 of which Yes No received received 6,812 votes 2,747 votes For Mia Beh Alton Road Gateway Increase Max FAR, the whole number of votes cast was 9,650 of which Yes No received received 5,985 votes 3,665 votes 08.29/2022 102:35 4M Official CERTIFICATE OF COUNTY CANVASSING BOARD MIAMI-DADE COUNTY For Mia Beh Agg Floor Area Vacating Streets, the whole number of votes cast was 9,529 of which Yes No received received 7,394 votes 2,135 votes For Mia Gardens Amending Res Area by Ordinance, the whole number of votes cast was 14,264 of which Yes No received 10,603 votes received 3,661 votes We Certify that pursuant to Section 102.112, Florida Statutes, the canvassing board has compared the number of persons who voted with the number of ballots counted and that the certification includes all valid votes cast in the election. I -el.o,é sll»> C O U N T Y JU D G E, CHAIRPERSON Fie 08 29/2022 11-02:35 A M SUMMAR Y REPT-GROUP DETAIL Official Primary Election Official Results August 23. 2022 Mi ami -Dade County. FL Run Date:08/29/22 09:58 AM NONPARTISAN Report EL45A Page Oll TOTAL VOTES ¥ ED VBM EV Mia Beh Naming Canopy Park (VOTE FOR) 1 Yes 7,989 82.27 2,117 4,467 1,405 No. 1,722 17.73 494 883 345 Total 9,711 2,611 5,350 l. 750 Over Votes 5 o 5 o Under Votes 669 211 335 123 Mia Beh Architecture Membership Required (VOTE FOR) 1 Yes 7,552 78.86 1,973 4,263 1,316 No. 2,024 21.14 608 995 421 Total 9,576 2,581 5,258 1,737 Over Votes 6 1 4 1 Under Votes 803 240 428 135 Mia Beh Proof Residency for Comm Candidates (VOTE FOR) 1 Yes 9.040 94.31 2,398 5.014 1.628 No. 545 5.69 192 227 126 Total 9,585 2,590 5,241 1.754 Over Votes 3 o 3 o Under Votes 797 232 446 119 Mia Beh Incentive FAR Hotel/Residential (VOTE FOR) 1 Yes 6,812 71.26 1,760 3.809 1.243 No. 2,747 28.74 825 1,400 522 Total 9,559 2,585 5.209 1.765 Over Votes 14 o 14 o Under Votes 812 237 467 108 Mia Beh Alton Road Gateway Increase Max FAR (VOTE FOR) 1 Yes 5,985 62.02 1.589 3.331 1,065 No. 3.665 37. 98 1.021 l. 938 706 Total 9,650 2.610 5,269 l, 771 Over Votes 19 2 1A 3 Under Votes 716 210 407 99 Mia Bch Agg Floor Area Vacating Streets (VOTE FOR) 1 Yes 7,394 77. 59 2,039 4.037 1.318 No. 2,135 22.41 541 1.172 422 Total 9,529 2.580 5.209 l. 740 Over Votes 15 o 15 o Under Votes 841 242 466 133 Resolution s - C7 A MIAMI BEACH COMMISSION MEMORANDUM TO: FROM: DATE: Honorable Mayor and Members of the City Commission Rafael E. Granado, City Clerk September 14, 2022 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE CERTIFICATE OF THE RESULTS OF THE AUGUST 23, 2022 SPECIAL ELECTION FOR THE CITY OF MIAMI BEACH, AND DECLARING THE RESULTS THEREOF. ANALYSIS The attached Resolution formally adopts the Certificate of results of the City of Miami Beach August 23, 2022 Special Election (Special Election), and declares the election results for the six ballot questions that were the subject of the Special Election. Passage of this Resolution accepts the election results and effectively concludes the City Commission's action relative to the Special Election. Attached as Exhibit "A" is the Certification of Official Results for the August 23, 2022 City of Miami Beach Special Election. The Miami Beach results are on pages 4 and 5 of the Certificate of County Canvassing Board Miami-Dade County. SUPPORTING SURVEY DATA N/A FINANCIAL INFORMATION N/A Applicable Area Citywide ls this a "Residents Right to Know" item, pursuant to City Cod e Section 2-142 No Strategic Connecti on Non-Applicable Does this item utilize G.O. Bond Fund s? No Page 263 of 1700 Legi slativ e Tracking Office of the City Clerk ATTACH MENT S; Description Resolution CJ Exhibit "A" - Certification of Official Results Page 264 of 1700