20111102 Bookmarked OCRCib Cgsmmissiclln Wetiasg
City Hall, Commission ChambersF 3rd Floor, %"/O Convention Center Drive
November 2,201 1
Mayor Matti Herrera Bower
Vice-Mayor Edward L. Tobin
Commissioner Jorge R. Exposito
Commissioner Michael G6ngora
Commissioner Jerry Libbin
Commissioner Deede Weithorn
Commissioner Jonah Wolfson
City Manager Jorge M. Gonzalez
City Attorney Jose Smith
City Clerk Robert E. Parcher
Visit us at miamiibeachPl.gyov for agendas and video "streaming" of City Commission Meetings.
Chapter 2, Al.aicle VII, Division 3 of the City Code of Miami Beach entitled 'Loobyyists" requires
the registration of all lobbyis* with the City Clerk prior to engaging in any lobbying actlvw with
the CDty Commiissiion, any City Board or Commiatee, or any pemonnei as defined In the subject
ode sections. Copies of the Ciw Code sections on lobbyists laws ere availabie In the City
ierk's oflice. Quest!ons regarding the provisions 0% the Ordinance should be directed to the
Rice of the City Attorney.
Call to Order - 11:OO a.m.
REGUMR AGENDA
Legis%a%ion concerning resulb Rom the Cib of Miami Beach's November 1,201 4 General
Election.
The actual Election Resolutions to be considered for passage by the CiQ of Miami Beach
Commission on November 2,201 1 will be publicly available by 11 :00 a.m, on that date-
Note::
Regular Agenda, November 2,201 1
R7A A Resolution Adopting The Certificate Of The Results Of The November 1,201 1 General Election
For The City Of Miami Beach, And Declaring Candidates Elected.
(City Attorney's Office)
R7A1 A Resolution Electing Commissioner As Vice-Mayor For A Term
Commencing On November 2, 201 1 And Terminating On February 29, 2012, Or On Such Date
When A New Vice-Mayor Is Thereafter Elected.
(City Clerk's Office)
R7B Resolutions Adopting The Certificate Of Results For The November 1,201 1 City Of Miami Beach
General Election And Calling For A Run-Off Election To Be Held On November 15, 201 1.
I. A Resolution Adopting The Cedificate Of The Results Of The November 1, 201 1 General
Election For The City Of Miami Beach.
2. A Resolution Calling For A Run-Off Election To Be Held On November 15,201 1 In The City
Of Miami Beach For The Purpose Of Electing A Mayor; Providing For Conduct Of Same By
The Miami-Dade County Elections Division; Providing That Voting Precincts Shall Be Those
As Established By Miami-Dade County; Providing For Notice Of Elections; Providing For The
Form Of Ballot; Providing For Absentee Balloting And Registration Of Voters In Accordance
With State Law; Providing For Payment For Conducting Election To Miami-Dade County.
3. Canvassing Board For City Of Miami Beach's November 15, 201 1 Run-Off Election (No
Commission Action Required).
(City Attorney's Office)
ALTERNATIVE "A"
Ciw d Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miarnibeachfl.gov
Office of the City Attorney
COMMISSION MEMORANDUM
TO : Mayor Matti I-lerrera Bower and Members of the City Commission
Jorge M. Gonzalez, City M-er /-\
FROM: Jose Smith, City Attor
DATE: November 2, 201 1
SUBJECT: A RESOLUTION OF "BE MAYOR AND CBW COMMISSION OF THE CIW
OF MIAMI BEACH, FLORIDA, ADOPmNG THE CER"$HCATE OF THE
RESULTS OF THE NOVEMBER 1, 2011 GENERAL ELEC"T0N FOR THE
61W OF MIAMI BEACH, AND DECLARING CANDIDATES ELECTED.
Attached hereto is a ~esolution' adopting the Certificate of the Results of the November
4, 201 1 General Election for the City of Miami Beach, and declaring candidates elected.
The passage of this Resolution effectively concludes acceptance of election returns for
the City of Miami Beach's November 1, 201 1 General Election.
T:\AGENDAUOI 1\11-2-1 I\Results General Election Nov 201 l.docx
Upon receipt and finalization of the Certification of Election Results, same shall be
attached to the Resolution.
Agenda Item R7 A
Date [14-1\
RESOLUVON NO.
A RESOLUTION OF THE MAYOR AND CIW COMMISSION OF
"%HE CIW OF MIAM! BEACH, FLORIDA, ADOPTING THE
CERUIF1CBBTE OF THE RESULTS OF THE NOVEMBER 1,2011
GENEML ELECTION FOR THE CITY OF MlAMl BEACH, AND
DECLARING CANDIDATES ELECTED.
WHEREAS, on September 14, 201 1 the Mayor and City Commission appointed the
Honorable Judge Shelley J. Kravitz and the Honorable Judge Peter R. Lopez to serve along
with City Clerk Robert Parcher, as the Canvassing Board for the City's November 1, 201 1
General Election; and
WHEREAS, the aforesaid individuals acted as the Canvassing Board for the subject
November 1, 2011 Election, and have accordingly certified the results of said Election
(certification attached hereto as Composite Exhibit "A and incorporated herein); and
WHEREAS, the candidates for Mayor and City Commissioner Group VI of the City of
Miami Beach in the November 1, 201 1 General Election have received the number of votes*
cast as reflected more specifically within the attached Certification of Election.
NOW9 THEREFORE, BE i"%"K)ULY RESOLVED BY WE MAYOR AND CITY
COMMBSSION OF THE CITY OF MIAMi BEACH, FbOR!DA, that having canvassed the returns
of the November 1, 201 1 General Election of the City of Miami Beach, it hereby adopts the
Certificate as to the results of said General Election and it is hereby ordered that the Certificate
of Election and this Resolution be recorded in the minutes of the meeting as a permanent record
of the results of said Election; be it further resolved that by adoption of this Resolution the
Canvassing Board for the City of Miami Beach's November 1, 2011 General Election has
discharged its duties for said General Election (pending provisional ballots); and be it further
and finally resolved that as a result of the City of Miami Beach's November 1, 2011 General
Election the following candidates for Mayor and City Commissioner Groups IV, V, and Vl are
hereby declared elected:
* Incumbent candidates Commissioner Jonah Wolfson (Commissioner Group IV) and Commissioner
Edward L. Tobin (Commissioner Group V), were unopposed in their respective candidacies as of the end
of qualifying, and therefore were not named on the General Election ballot.
for Mayor:
for City Commissioner Group IV: Jonah Wolfson
for City Commissioner Group V: Edward L. Tobin
for City Commissioner Group VI:
PASSED and ADOPTED th~s znd day of November, 201 1.
MATTI HERRERA BOWER
MAYOR
ROBERT PARCHER, CITY CLERK
THIS PAGE INENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Electing Commissioner As Vice-Mayor For A Term Commencing On
November 2,201 1, And Terminating On February 29,2012.
\
Suppo&iimg Data (Saaweys, Esmvironmenteit Scan, etc.): NIA
Issue:
Shall the City Commission Elect Commissioner as Vice-Mayor? I
item SesmmaeylRecommendatioap:
Pursuant to Section 2.04 of the Miami Beach Charter: "The City Commission shall, at its first meeting after
each general election, which $hall be within three (3) days after the general election (or within thirty (30)
days after the run-off election, if a run-off election is held) elect from its membership a Vice-Mayor who
during the absence or disability of the Mayor, shall perform the duties of Mayor."
The City Commission has established a policy of rotating the position of Vice-Mayor every four (4) months.
Since 1994, the rotation has been by Commission Group number. The next Vice-Mayor is
in Group VI. The term for the next Vice-Mayor is November 2, 201 1 through
February 29, 2012.
Advisow Board Recommendation: I NIA
Financial Information::
1
Financial Impact Summay:
Solsme of
Funds: 1
mount Account Apprmed
- AM1 BEACH
Civ of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti I-lerrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalem, City Manager
DATE: November 2, 201 1
SUBJECT: A RESOLU"5"QN OF THE MAYOR AND C=%W COMMISSBON OF WE CBm OF
MlAMI BEACH, FLORIDA, ELECTING COMMISSIONER
AS VICE-MAYOR FOR A ERM COMMENCING ON NOVEMBER 2,201 1, AND
EERMINATBNG ON FEBRUARY 29,2012, OR ON SUCH DATE WHEN A NEW
VICE-MAYOR IS THEREAFTER ELECED.
Pursuant to Section 2.04 of the Miami Beach Charter: "The City Commission shall, at its first
meeting after each general election, which shall be within three (3) days after the general
election (or within thirty (30) days after the run-off election, if a run-off election is held) elect
from its membership a Vice-Mayor who during the absence or disability of the Mayor, shall
perform the duties of Mayor."
The City Commission has established a policy of rotating the position of Vice-Mayor every
four (4) months. Since 11994, the rotation has been by Commission Group number. The
next Vice-Mayor is in Group VI. The term for the next Vice-Mayor
is November 2, 201 1 through February 29, 2012.
JMGIREP
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CO"iP OF MIAMI BEACH, FLORIDA, ELECTING COMM1SSIONER
AS VICE-MAYOR FOR A TERM COMMENCING
ON NOVEMBER 2,201 '8, AND TERMINATING ON FEBRUARY 29, 216U2,
OR ON SUCH DATE WHEN A NEW VICE-MAYOR IS THEREAFTER
ELECTED.
WHEREAS, the Mayor and City Commission established a policy of rotating the position of
Vice-Mayor every four months; and
WHEREAS, pursuant to Section 2.04 of the Miami Beach Charter, the City Commission
shall, at its first meeting after each general election, which shall be within three (3) days after the
general election (or within thirty (30) days after the run-off election, if a run-off election is held) elect
from its membership a Vice-Mayor who during the absence or disability of the Mayor, shall perform
the duties of Mayor; and
WHEREAS, the next Vice-Mayor is in Group VI and the term for the next
Vice-Mayor is November 2,201 1 through February 29, 2012.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND C$m COMMlSS1ON
OF THE CITY OF MIAM! BEACH, FLORIDA that Commissioner is hereby
elected as Vice-Mayor of the City of Miami Beach, Florida, for a term commencing on November 2,
201 1 and terminating on February 29,2012, or on such date when a new Vice-Mayor is thereafter
elected.
PASSED and ADOPTED THlS 2 day of November 201 1.
ATTEST:
ROBERT PARCHER
CITY CLERK
MATTI HERRERA BOWER
MAYOR
APPROVED AS 70
,, FORM (Pd LANGUAGE
THIS PAGE INTENTIONALLY LEFT BLANK
ALTERNATIVE "B"
Ciw d Miami Bmck, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miamibeachfl.gov
Office of the City Attorney
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
Jorge M. Gonzalez,
FROM: Jose Smith, City Att
DATE: November 2, 201 1
SUBJECT: RESOLUTIONS ADOPTING THE CERTIFICATE OF RESULTS FOR THE
NOVEMBER 'I, 2011 CITY OF MIAMI BEACH GENERAL, ELE@"BION AND
CALLllNG FOR A RUN-OFF ELECVON "B" BE HELD ON NOVEMBER 15,
201 1.
The attached Resolutions formally adopt the Certificate of the Results of the City of
Miami Beach November 1, 201 1 General Election, and call for the City of Miami Beach
November 15, 201 1 Run-Off Election, made necessary as a result of no candidate for
Mayor from the General Election having received a majority of votes cast. Accordingly,
and pursuant to Miami Beach City Charter Section 2.01, a Run-Off Election shall be
called for November 15, 201 1 between the two candidates for Mayor receiving the
highest number of votes in the General Election.
T:\AGENDA\201 1\11-2-1 I\Call Runoffl Election Nov 201 I .docx
11
Agenda item
Date 11-2-11
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMVIISSIQN OF THE
CBW OF MIAMI BEACH, FLORIDA, ADOPTING THE CERTIFICATE OF
THE RESULTS OF THE NOVEMBER 1,2011 GENEML ELECTION
FOR "$HE CIW OF MlAMl BEACH.
WHEREAS, on September 14, 2011 the Mayor and City Commission appointed the
Honorable Judge Shelley J. Kravitz and the Honorable Judge Peter R. Lopez to serve along with
City Clerk Robert Parcher, as the Canvassing Board for the City's November 1, 201 1 General
Election; and
WHEREAS, the aforesaid individuals acted as the Canvassing Board for the subject
November 1,201 1 Elections, and have accordingly certified the results of said Election (certification
attached hereto as Composite Exhibit "A" and incorporated herein); and
WHEREAS, the candidates for Mayor and City Commissioner Group VI of the City of Miami
Beach in the November 1, 201 1 General Election have received the number of votes cast as
reflected more specifically within the attached Certification of Election.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND ClW CORAMISSBON
OF THE CIW OF MIAMI BEACH, FLORIDA, that having canvassed the returns of the November 1,
201 1 General Election of the City of Miami Beach, it hereby adopts the Certificate as to the results of
said General Election and it is hereby ordered that said Certificate of Election and this Resolution be
recorded in the minutes of the meeting as a permanent record of the results of said Election; be it
further resolved that by adoption of this Resolution, the Canvassing Board for the City of Miami
Beach's November 1, 201 1 General Election has discharged its duties for said General Election
(pending provisional ballots).
PASSED and ADOPTED this 2" day of November, 201 1
MAYOR
ATTEST:
CITY CLERK APPROVED AS TO
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CIW COMMISSION OF
THE CBW OF MIAMI BEACH, FLORIDA, CALLING FOR A RUN-
OFF ELECVON TO BE HELD ON NOVEMBER 415,20411 IIN THE
C1W OF MIAMI BEACH FOR THE PURPOSE OF ELECTllNG A
MAYOR; PROVlDBNG FOR CONDUCT OF SAME BY THE
MIAMI-DADE COUNT\B ELECTIONS D1ViSION; PROVIDING
THAT VOTING PRECINCTS SHALL BE THOSE AS
ESTABLISHED BY MIAMI-DADE COUNW; PROVIDING FOR
NOTICE OF ELECTIONS; PROVBDlNG FOR THE FORM OF
BALLOT; PROVIDlNG FOR ABSENTEE BALLOTING AND
REGISTRATION OF VOTERS IN ACCORDANCE WlTH STATE
LAW; PROVIDlNG FOR PAYMENT FOR CONDUCTING
ELECTION TO MIAMI-DADE COUNW.
BE IT RESOL\/ED BY THE ClTY COMMISSION OF THE ClTY OF MIAMI BEACH,
FLORIDA:
SECTION 4
In accordance with provisions of the Charter of the City of Miami Beach, Florida, a Run-Off
Election is hereby called and directed to be held in the City of Miami Beach, Florida, from 7:00
a.m. to 7:00 p.m. on November 15, 2011 for the purpose of electing a Mayor who shall hold
office for. the term as provided by law.
SEC"B"ON 2
That the appropriate and proper Miami-Dade County Election Officials shall conduct the said
Run-Off Election hereby called, except for acceptance of the certification of the results of said
Run-Off Election, which duty shall be performed by the City Commission. The official returns for
each precinct shall be furnished to the City Clerk of the City of Miami Beach as soon as the
ballots from all precincts have been tabulated on the night of said Run-Off Election.
SECTION 3
That the said voting precincts in the City of said Run-Off Election shall be established by the
proper and appropriate Miami-Dade County Election Officials. All electors shall vote at the
polling places and the voting precincts as determined by the Miami-Dade County Election
Officials. Registration of persons desiring to vote in said Run-Off Election shall be in
accordance with the general law of the State governing voter registration.
SECrnIOIU 4
Notice of said Run-Off Election shall be given by publication in the Miami Herald, a newspaper
of general circulation in Miami Beach, Miami-Dade County, Florida.
SECTION 5
The notice of the Run-Off Election shall be substantially in the following form:
"THE CITY OF MIAMI BEACH, FLORIDA
NOTICE OF RUN-OFF ELECTION
NOTICE IS HEREBY GIVEN that a Run-Off Election has been called by the City
Commission of the City of Miami Beach, Florida, and will be held in said City from
7:00 a.m. until 7:00 p.m. on the 15th day of November, 201 1, for the purpose of
electing a Mayor who shall hold office for the term as provided by law."
Said Notice shall further set forth the several polling places in the election precincts as
referenced in Section 3 above, and shall further set forth pertinent information regarding
eligibility of electors to participate in said election.
SECTION 6
That the official ballot to be used in the Run-Off Election to be held on November 15, 201 'I,
hereby called, shall be in substantially the following form, to wit:
"OFFICIAL BALLOT""
RUN-OFF ELECTION
FOR
ELECTING A MAYOR
OF THE
C%W OF MIAMI BEACH, FLORIDA
ON NOVEMBER 15,281 1
FOR MAYOR
(name)
(name)
The City Clerk shall prepare the ballot so that the names of Run-off candidates will appear on
said ballot in alphabetical order according to surname; provided, however, that said ballot and
its preparation shall be such as to permit compliance with the Laws of the State of Florida with
. respect to the use of an electronic voting system.
SECTION 7
That the absentee voters padicipating in said Run-Off Election shall be entitled to cast their
ballots in accordance with the provisions of the Laws of the State of Florida with respect the
absentee voting.
SECTIION 8
That the City of Miami Beach shall pay all expenses for conducting this Run-Off Election and will
pay to Miami-Dade County or directly to all persons or firms, upon receipt of invoice or
statement approved by the Supervisor of Elections of Miami-Dade County, Florida.
SECTION 9
This Resolution shall be effective immediately upon passage.
PASSED and ADOPTED this 2nd day of November, 201 1.
MAYOR
ATTEST:
CITY CLERK APPROVED AS TO
T:\AGENDA\201 I\l l-2-II\Run Off Reso Nov 201 I .doc
3
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniarnibeachfl.gov
Office of the City Attorney
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
Jorge M. Gonzalez, City Manager;
FROM: Jose Smith, City Att
DATE: November 2, 201 1
SUBJECT: CAN'96ASSiNC BOARD FOR CIW OF MIAM! BEACH'S NOVEMBER 15,
201q RUN-OFF ELECTION (NO COMMISSION ACTION REQUIRED)
On September 14, 2011, the Mayor and City Commission appointed Judge Shelley J.
Kravitz and Judge Peter R. Lopez to serve along with City Clerk Robert Parcher as the
Miami Beach Canvassing Board for the City's November 15, 2011 Run-Off Election.
The Canvassing Board will canvass absentee ballots as well as oversee the conduct of
the Run-Off Election.
Presentation of election results certification (pending provisional ballots) will take place
at the November 16, 201 1 City Commission meeting. In accordance with Section 38-4 of
the City Code, all new officers shall be declared elected and the new officers shall be
installed and shall enter upon the discharge of their duties.
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T:\AGENDA\201 1\11-2-1 l\Cail Runoffl Election Nov 201 I .docx
16