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Home My WebLink About2005-26044 Reso RESOLUTION NO. 2005-26044 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, AMENDING CITY OF MIAMI BEACH RESOLUTION NO. 2004-25742, SETTING THE DATES FOR THE YEAR 2005 CITY COMMISSION MEETINGS; AUTHORIZING A CHANGE IN THE COMMISSION MEETING IN NOVEMBER 2005; ADDING A COMMISSION MEETING ON WEDNESDAY, NOVEMBER 30, 2005 AT 11 :00 A.M. IN THE EVENT A RUNOFF ELECTION IS REQUIRED. Whereas, pursuant to Section 2.04 of the Miami Beach City Charter, "The City Commission shall meet at such times as may be prescribed by ordinance or resolution"; and Whereas, City of Miami Beach Resolution 2004-25742 established the dates of 2005 City Commission meetings, and scheduled the November meetings to be held on November 2, 2005 and November 16, 2005, consistent with the preplanned November 1, 2005 General Election and the November 15, 2005 Runoff Election; and Whereas, as a result of Hurricane Wilma, Governor Jeb Bush postponed the City of Miami Beach's November 1,2005 General Election and November 15, 2005 Runoff Election dates to November 15, 2005 and November 29, 2005, respectively; and Whereas, Pursuant to Section 38-4 of the Miami Beach City Code, "... .in the event a Runoff Election is necessary, the City Commission shall meet on the day after the Runoff Election, for the purpose of canvassing the returns of such election(s) and ascertaining the results thereof. ...". Accordingly, in the event a Runoff Election occurs on November 29, 2005, the City Commission must meet on November 30, 2005 as provided by the City Code; and Whereas, City of Miami Beach Resolution No. 2004-25742 is thus hereby amended to add to the schedule of 2005 Miami Beach City Commission meetings a November 30, 2005 date, said meeting to occur in the event a November 29, 2005 Runoff Election is held. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby amend City of Miami Beach Resolution No. 2004-25742 via the addition to the schedule of 2005 City Commission m ings a November 30, 2005 Commission meeting to be held at 11 :00 a.m., in he' t a runoff .election is conducted. PASSED and ADOPTED this 2nd MAYOR David Dermer ATTEST:Jikd ~~ CITY CLERK Robert Parcher T:\AGENDA\2005\Nov0205\RegulaMmend commission mtg date-RES.AMENDED.doc ., CITY OF MIAIYII BEACH COMMISSION ITEM SUMMARY ~ Condensed Title: A Resolution amending Resolution No. 2004-25742, setting the dates for the year 2005 Commission meetings; authorizing a change in the commission meeting in November; adding a Commission meeting on Wednesday, November 30,2005 at 11 :00 A.M. if a Runoff Election is reauired. Issue: Shall the City Commission approve the new Commission meeting date? Item Summary/Recommendation: Due to Hurricane Wilma, the Governor postponed the November 1, 2005 General Election and Runoff Election dates to Tuesday, November 15 and November 29 respectively. In order to accept the election results the Commission meeting date for November 16 will remain and an additional Commission meeting on November 30 will be set in the event of a runoff election. The Administration recommends that the Mayor and City Commission approve adding the November 30, 2005 Commission Meeting date in order to accommodate the runoff election if required. Advisory Board Recommendation: I N/A Financial Information: Finance Dept. Source of Funds: D Ci Clerk's Office Le islative Trackin Bob Parcher, City Clerk AGENDA ITEM DATE R7A 1\-2..-0~ CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.miamibeachfl.gov COMMISSION MEMORANDUM From: Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez ~.. .. ~ City Manager (' ""'-0 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, AMENDING RESOLUTION NO. 2004-25742, SETTING THE DATES FOR THE YEAR 2005 COMMISSION MEETINGS; AUTHORIZING A CHANGE IN THE COMMISSION MEETING IN NOVEMBER; ADDING A COMMISSION MEETING ON WEDNESDAY, NOVEMBER 30, 2005 AT 11 :00 A.M. IF A RUNOFF ELECTION IS REQUIRED. Date: November 2,2005 To: Subject: ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANAL YSIS Pursuant to Section 2.04 of the Miami Beach City Charter, "The City Commission shall meet at such times as may be prescribed by ordinance or resolution." Due to Hurricane Wilma, the Governor postponed the November 1, 2005 General Election and Runoff Election dates to Tuesday, November 15 and November 29 respectively. In order to accept the election results the Commission meeting date for November 16 will remain and an additional Commission meeting on November 30 will be set in the event of a runoff election. CONCLUSION The Administration recommends that the Mayor and City Commission approve adding the November 30, 2005 Commission Meeting date in order to accommodate the runoff election if required. JMG/REP T:\AGENDA\2005\Nov0205\Regular\Amend commission mtg date. doc OCT-28-2005 17:52 I il \. ~~-~')' A~~J4~~ :*!'.' _" ~~t~';''": c-'i~1 ~~. ., ;--- -"~-Y-'.-:":~ -'\c~ j~ .; 1"/ '~'_ r';'~ ~ ~~~i /(, --.:.~ TRB CAPITOL TALI...AHASSEE, PLOIUDA 32399..()()()J wwwJlgov.oom 8GO--488-7146 850-481.0801 fax STATE OF FLORIDA Q&Uite of tile ~o1Jernot " JEB BUSH GOv~ltNOR October 28, 2005 Glenda Hood Secretary of State Department of State 500 S. Bronaugh Street RA. Gray Building Tallahassee, Florida 32399 Re: Elections Emergency CODtialeney Plan for Miami-Dade County (Hurricane wUma) Dear Secretary Hood: On October 27, 2005, I received a request from the Miami-Dade Supervisor of EleCtions to postpone all elections scheduled in Miami-Dade County for N01'ember 1, 8, and IS, 2005, until December 6, ZOOS. After consultation with the Department of State, the Supervisor of Elections, the Affected Municipalities (City of Hialeah, City of Homestead, City oCMiami, City of Miami :Beach, City of Sunny Isles Beach and Perrine- Cutler Ridge), Election Systems" Software International (the voting system vendor) and Florida Power & Light, 1 fand that an elections emergency does exist to justify Cl postponement of the elections ptesently scheduled for N~vember 1, 2005, and November 15. 2005, as provided below. However, I do not find that the elections emergency justifies the postponement of any elections currently scbeduled for November 8, 200s~ or a postponement of any elections until D~cember 611 2005, the date requested by the Supervisor of Elections. Pursuant to Executive Order OSw219 and Section 101.733(1), Florida Statutes) I hereby declare an "elections emergency. in ~iami-Dade County as a result of Hum cane Wilma. this declaration applies to the following elections: November 1, 200S Hialeah (Primary) Homestead (General) Miami (Primary) Miami Beach (General) November 8, 2005 Cutler Ridge (Charter Election) Sunny Isles Beach (Genexal Election) '. November 15,2005 · Hialeah (General/Special Election and its potential run-off on December 6th) o G CicNemoI's MentGriIg Initiative o ..i.MINTOII. ..A.-..... f"'" 1.8<10-82'-378' P.02 . .. I / , I , : OCT-28-2005 17:52 Glenda Hood, Secretary of State October 28, 2005 Page 2 of4 Miami Beach (Run-off Election) Miami (Genetal Election) December 6, 2005 Hialeah (Run-off from Special Primary) Based upon the information received to date;, Miami-Dade has reported no damage to the voter registration systems, elcction ballots or polUng places. However, the Supervisor o.fElectioDS reports that as of October 27, 2005, three days after Hurricane Wihna strock the County, he had been unable to confinn the availability of all the required precinct clerks needed to worlc in the November l't elections. No information regarding the lack of availability of precinct clerks for November glll or 15th was provided to me. The Supervisor also has reported that he had been unable to confirm that all of the polling locations and early voting sites ha~e electrical power restored. Five of the oounty's six distribution centers from which voting data is transmitted to the Supervisor of Elections report problems with their telephone lines. Early voting for the November 1ft election has been suspended... Previously issued absentee ballots for the November 1 elections are being voted and returned to the Supervisor ofBlcctions. In order to address any issues related to election administration that bave arisen, or tbat may arise as a result ofHunicane Wilma, I am hereby delaying the elcctions scheduled to take place in Miami-Dade County on November 1 and 15. 2005. and directing that they be rescheduled as iollow$~ " I November 8, 2005 Homestead (General) November IS, 2005 Hialeah (Primary) Miuni (Primary) Miami Beach (General) November 29, 2005 Hialeah (General/Special Primary Election) Miami Beach (Run-off Blection) Miami (General Election) . December 13, 2005 Hialeah (Ru.n-off from S~cia1 Primary Election) I find no need to postpone the elections already scheduled for November 8, 2005, in Cutler Ridge and Sunny Isles Beach, but declare that the elections emergency also applies to the deadlines and procedures for the conduct of this election. Second, I hereby ratify the suspension of early 'Voting for the November 1 K elections, which I note is established by the municipalities that have opted out of state law. I grant to the Secretary of State the authority to establish revised dates and times for early voting in consultation with the Supervisor ofBleetions and the affected municipal I I P.03 , . I . " . " I '. :. OCT-28-2005 17:53 P.04 Glenda Hood, Secretary of State October 28, 2005 Page 3 of4 scheduled November 8th election to the extent that the elections emergency affects early voting in Homestead and Cutler Ridge. If any early votes were cast prior to the suspension of early voting, machines containing those votes shall be secured against fUrther voting. Those machines shall not be utilized in the rescheduled election, and all votes cast thereupon shall be tabulated as part of the canvass of1he rescheduled election. Third, I hereby authorize the Secretary of State to activate the "Comprehensive Emergency SuspenSion ofElcction Plan" contained in 1 S-9.oo5, Florida Administrative Code, to assist Miami-Dade County in determining what procedures to use to meet any / and a1110gistical difficulties caused by Hurricane Wilma to conduct the rescheduled ejections on November -... -, as well as the existing scbeduled elections on NovemberS, 2005. Fourth, I hereby vest in the Secretary of State the authority to modify, amend or suspend any deadlines pUI$U8nt to the Florida Elections Code, Chapters 97 through 106, Florida. Statutes, to the extent any such deadlines cannot be met due to the emergency declared by Bx~utive Order OS...219. The authority to modify, amend or suspend such deadlines (1) shall be limited. to Miami-Dade County or to any person who is p,quired to, or has volunteered to, assist in the Hurricane Wilma relief effort; and (2) shall expire on December --, 2005. In addition, I grant the Secretary of State the authority to waive any statutory requirements for the provision of absentee ballots to members of the Florida National Guard, applying the standards "set forth in Sections 101.697 and 101.698, Florida Statutes, and Rule lS-2.030~ Florida Admjp"Alttative Code, as modified to address the exigency of the circumstances. By no later than November 1,2005, the Secretary of State shall deliver to the Supervisor ofBlections and the affected municipal clerks a written list of deadlines pOs1poned and, if applicable, any new deadlines established by the Secretary of State. Fifth, notwithstanding the postponoxnent of the November 1st olections, all previously printed absentee ballots may continue to be used and, if voted, shall be considered validly cast for the rescheduled elcctions, subject to the requirements of Sections 101.661... 101.6925, Florida Statutes. To the extent that the canvassing board must implement procedures to duplicate the cast ballots so that they conform to any new election parameters programmed in the tabulating equipment for absentee ballotsJ the canvassing board shall implement the procedures outlined in section 10 1.5614(S), Florida Statutes. All duplication activities shall be open to the public. I am encouraged that Florida Power & Light, ES&S, the Mayor of Miami-Dade County, the Mayor of the City of Miami. tho Mayor of the City of Miami Beach, the Mayor of the City ofHomcstca4 and members of the Council ofPerrinc-Cutler Ridge have pledged their rcsowccs to facilitating the conduot of the elections. t also appreciate the assistance that the Department of State has provided during this consultation process as well as the assistance it is rendering to Miami-Dade County. Please let me know if OCT-28-2005 17:53 P.05 Glenda Hood, Secretary of State Qctober28,200S Page 4 of4 during this consultation process as well as the assistance it is rendering to Miami..Dade County, Please let me know iftherc is anything 1 can do to assist Miami-Dade or any of the Affected Municipalities in their preparation for these elections. " " TOTAL P. 05 Message Page 1 ofl Hernandez, Kerry From: Parcher, Robert Sent: Thursday, November 03,20058:06 AM To: Hernandez, Kerry Subject: FW: correction to R7B Kerry, pis see me, bring the resolution. Thanks -----Original Message----- From: Olin, Jean Sent: Wednesday, November 02, 20054:17 PM To: Parcher, Robert Subject: correction to R7B Bob, As we discussed, with regard to agenda item R7B on today's agenda, there is a minor correction which you will make-in the 2nd 'Whereas" clause, the "October 20,2005" date should read "October 28,2005". Thank you, Jean 11/03/2005