20131112 AgendaMIAMI BEACH
City Commission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
November 12, 2013
Mayor Matti Herrera Bower
Vice-Mayor Deede Weithorn
Commissioner Jorge R. Exposito
Commissioner Michael Gongora
Commissioner Jerry Libbin
Commissioner Edward L. Tobin
Commissioner Jonah Wolfson
City Manager Jimmy L. Morales
City Attorney Jose Smith
City Clerk Rafael E. Granado
Visit us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article VII, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires
the registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with
the City Commission, any City Board or Committee, or any personnel as defined in the subject
Code sections. Copies of the City Code sections on lobbyists laws are available in the City
Clerk's office. Questions regarding the provisions of the Ordinance should be directed to the
Office of the City Attorney.
Call to Order-12:00 p.m.
REGULAR AGENDA
Legislation concerning results from the City of Miami Beach's November 5, 2013 General
and Special Elections.
The actual Election Resolutions to be considered for passage by the City of Miami Beach
Commission on November 12, 2013 will be publicly available by 12:00 a.m. on that date.
1
Regular Agenda, November 12, 2013
R7 -Resolutions
R7 A A Resolution Adopting The Certificate Of The Results Of The November 5, 2013 Special Election
For The City Of Miami Beach, And Declaring Results Thereof.
R?B City Of Miami Beach General Election Results And Calling For A Run-Off Election
1. A Resolution Adopting The Certificate Of The Results Of The November 5, 2013 General
Election For The City Of Miami Beach.
2. A Resolution Calling For A Run-Off Election To Be Held On November 19, 2013 In The City
Of Miami Beach For The Purpose Of Electing City Commissioners In Groups I, II, And Ill;
Providing For Conduct Of The Run-Off Election By The Miami-Dade County Elections
Department; 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 19, 2013 Run-Off Election (No
Commission Action Required).
(City Attorney's Office)
End of Regular Agenda
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OFFICE OF THE CITY ATIORNEY
JOSE SMITH, CITY ATIORNEY COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT: CITY RESOLUTION ACCEPTING RESULTS OF THE NOVEMBER 5, 2013
SPECIAL ELECTION AND DECLARING SPECIAL ELECTION RESULTS
Attached hereto is a Resolution 1 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.
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1 Upon receipt and finalization of the Certification of Election Results, same shall be attached to
the Resolution.
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Date---~,.1.._1 -.a...el2=----=13~ 3
RESOLUTION NO.-------
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 ____ by the electorate of the City of Miami Beach 1;
Question "B" as set forth below was by the electorate of the City of Miami Beach;
Question "C" as set forth below was by the electorate of the City of Miami Beach;
Question "D" as set forth below was by the electorate of the City of Miami Beach;
Question "E" as set forth below was by the electorate of the City of Miami Beach; and
Question "F" as set forth below was 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.
1 The six ballot questions have been lettered "A"· "B"· "C"· "D" "E"· and "F" for ease of reference I I l 1
herein only and were not so lettered on the ballot.
1 4
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?
YES
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?
YES
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?
YES
NO
2 5
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?
YES
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?
YES
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?
YES
NO
3 6
BE IT FURTHER RESOLVED AND DETERMINED that Question "A" was------
Question "B" was , Question "C" was , Question "D" was --------------------
----------' Question "E" was _______ , and Question "F" was ______ _
PASSED and ADOPTED this 12th day of November, 2013.
ATTEST:
MATTI HERRERA BOWER, MAYOR
RAFAEL E. GRANADO, CITY CLERK
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/V\IAMIBEACH
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:
DATE:
SUBJECT: RESOLUTIONS REGARDING CITY OF MIAMI BEACH GENERAL ELECTION
RESULTS AND CALLING RUN-OFF ELECTION
The attached Resolutions formally adopt the certificate of results of the City of Miami Beach
November 5, 2013 General Election, and call for the City of Miami Beach November 19, 2013 Run-Off
Election, made necessary as a result of no candidate for Commission Groups I, II, and Ill 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 19, 2013 between the two
candidates for Commission Groups I, II, and Ill receiving the highest number of votes in the General
Election.
In addition, prior to the canvassing of provisional ballots, the unofficial returns for the General
Election reflect that a candidate for the office of the Mayor may be defeated or eliminated by one-half of
a percent or less of the votes cast for such office. Provisional ballots will be counted on Friday,
November 8, 2013 at 10:00 a.m. If, after counting the provisional ballots, the differential is still one-half
of a percent or less of all votes cast for such office, then a mandatory machine recount shall be
conducted by the Miami-Dade County Elections Department at 1 :00 p.m. If a run-off election for Mayor
is needed, the Resolution calling for the November 19, 2013 Run-Off Election shall be amended
accordingly to also call for a run-off election for Mayor.
The Run-Off Election results for Commission Groups I, II, and Ill, and if needed for the Mayor,
will be adopted by the Miami Beach City Commission on November 25, 2013, followed by the swearing
in of all newly-elected officials.
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Agenda Item 81 B
Date 11-12.-13 9
RESOLUTION NO.-------
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
GENERAL ELECTION FOR THE CITY OF MIAMI BEACH.
WHEREAS, pursuant to City of Miami Beach Resolution No. 2013-28347, the Miami-
Dade County Canvassing Board was appointed and authorized to act as the Canvassing Board for
the City ofMiami Beach's November 5, 2013 General and Special Elections; and
WHEREAS, the results of the November 5, 2013 General Election have been certified
by the Miami-Dade County Canvassing Board; and
WHEREAS, the candidates for Mayor and City Commissioner Groups I, II, and III of
the City of Miami Beach have received the number of votes cast as reflected more specifically
within the Certification of Elections attached hereto as Composite Exhibit "A" and incorporated
herein.
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 General
Election of the City of Miami Beach, the Mayor and City Commission hereby adopt 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 November 12, 2013 City
Commission meeting as a permanent record of the results of the November 5, 2013 General
Election.
PASSED and ADOPTED this 12th day ofNovember, 2013.
ATTEST: MATTI HERRERA BOWER, MAYOR
RAFAEL E. GRANADO, CITY CLERK
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
/ ' J( 1.1\ t}
C1 y Attorney 1~ ~
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RESOLUTION NO.-------
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, CALLING FOR A RUN-
OFF ELECTION TO BE HELD ON NOVEMBER 19, 2013 IN THE
CITY OF MIAMI BEACH FOR THE PURPOSE OF ELECTING
CITY COMMISSIONERS IN GROUPS I, II, AND Ill; PROVIDING
FOR CONDUCT OF THE RUN-OFF ELECTION BY THE MIAMI-
DADE COUNTY ELECTIONS DEPARTMENT; 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.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1
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 19, 2013 for the purpose of electing City Commissioners in
Groups I, II and Ill, who shall hold office for their respective terms as provided by law.
SECTION 2
That the appropriate and proper Miami-Dade County Election Officials shall conduct the 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.
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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.
SECTION 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 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 7:00a.m. until 7:00p.m. on the 19th day of November,
2013, for the purpose of electing City Commissioners in Groups I, II, and
Ill 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 19, 2013,
hereby called, shall be in substantially the following form, to wit:
2
12
"OFFICIAL BALLOT"
RUN-OFF ELECTION
FOR
ELECTING COMMISSIONERS IN GROUPS I, II, and Ill
OF THE
Micky Steinberg
Elsa Urquiza
Jorge Exposito
Michael Grieco
Matti Herrera Bower
Joy Malakoff
CITY OF MIAMI BEACH, FLORIDA
ON NOVEMBER 19, 2013
FOR CITY COMMISSIONER GROUP I
FOR CITY COMMISSIONER GROUP II
FOR CITY COMMISSIONER GROUP Ill
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 participating 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.
3
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SECTION 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 12 1h day of November, 2013.
ATTEST:
MAYOR MATTI HERRERA BOWER
RAFAEL E. GRANADO, CITY CLERK
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4
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
·· 11171 r~ ~~ -/oJP-
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~
OFFICE OF THE CITY ATTORNEY
JOSE SMITH, CITY ATTORNEY COMMISSION MEMORANDUM
TO: MAYOR MATTI HERRERA BOWER
MEMBERS OF THE CITY COMMISSION
FROM: JOSE SMITH ./ ' (r _.5et
CITY MANAGER~·~J.M ~. MOR~~~S
CITY ATTORN~~ ... -.:. ........... ·r -
I
DATE: NOVEMBER 12,2013
SUBJECT: CANVASSING BOARD FOR CITY OF MIAMI BEACH'S NOVEMBER 19, 2013
RUN-OFF ELECTION (NO COMMISSION ACTION REQUIRED).
Pursuant to Administrative Orders 13-38 and 13-38A 1, Chief Judge Bertila Soto of the Eleventh
Judicial Circuit Court for Miami-Dade County, Florida, designated County Court Judge Rodolfo Ruiz
and City Elector Jimmy McMillion to serve along with City Clerk Rafael E. Granado as the Miami
Beach Canvassing Board for the City's November 19, 2013 Run-Off Election. The Canvassing Board
will canvass absentee ballots, and provisional ballots as needed, as well as oversee the conduct of
the Run-Off Election.
The adoption of the certification of the Run-Off Election results, as well as the swearing in of all
newly-elected City officials, will take place at the November 25, 2013 City Commission meeting.
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IBE
CITY OF MIAMJ BEACH
NOTICE OF CITY COMMJSStON MEETING
NOTICE IS HERESY given that the City Cornrnissioo of the City of Miami Florida, will hold a Gfty Gommiooion Meeting on
Tl.tet;tday* N{)V&mber 12, 2013, at 12:00 noon, \n !he Commission Chambers, Thlrd Floor; City Ha!!, 1700 Con\/li:n!lon Center Drive, Miami
8each, Florida, for the purp<>* oi ccnvassitl{.l the returns of the Nove>moor 5, 2013 Genera! and Spada! Elootions and :asce1tairting the
resu!1s thereof. Shoofd no Run·Oii Elootion be nectlt,sa\"jj, Oe\V officers shall be doctared e!ect.ed oobsequoot to canvass of the fin<:~! Genera!
Eler.iion returoo, ~;~t which time the new offk:em shall be lnstallm:l and shall enter u{Xlfl!fh;l ditH':h.arge of !heir <:h.rtles.lf a Run--00 Election
ls n~ssal'jf, ali new otf~em shall be declcttfid elected subsequent to canvass ol frrntl Rvn.Off Election tetl.!fns on thE! fll'$1. bus\n$$$ day
lrmnadiate!y followirl~ the County Elet:tlor\S SUpervisor's issuance of such fin:.U election tesl.J!ts, at Which tlme the new officers shaH be
Installed and shall enter upon the discharge of their dutles,
If a Run·Off Ek.iction ls np.ce~, the Co(nmhmlon Meeting of Now moor i 2. 0013 $hall occur for the limit!XI pufPO$$ ot canval:l$fng the
returns of the NovemberS, 0013 Geoora! and Spacial !:!ections, and/or to address any emBrgency mattor(s), pun!iUant to Florida Statute
§952.38 {as amended irom tirna to time) and City Charter §2.05.
!NTERESTEb PARTIES are lnvlted to appear :at. this meeting, or be repre~remlir.l by an a~ent, or to expre$$the!rviews in writing addressed
to the City Oommissloo, c/o the City Clerk, 1100 Conv0t1iion Center Drive, 1st Fk;oor, City H;:~ll~ Mami Beach, r!orkla 33i39. !nqukies
con<'..emlng this item sl'loold be dllec:tetlto the Ctt)• Cl&l<ts Office at 30&.673.741'1, This meelii"!Q may be continued, and under st.'Cii
circumstances, addltkmal legal Mtlce wHI t\Ot be prov!d!XI.
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