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Home My WebLink AboutR-91-0794J-91-673 11/7/91 RESOLUTION NO. A RESOLUTION, WITH ATTACHMENT, OFFICIALLY ACCEPTING THE ATTACHED CITY CLERK'S CERTIFICATION AND DECLARATION OF THE RESULTS OF THE SPECIAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 1991, IN WHICH THE QUESTION OF it AMENDING THE CITY CHARTER (CHARTER AMENDMENT NO. 1) TO ELIMINATE THE REQUIREMENT THAT L TITLES TO PROPOSED ORDINANCES BE READ ALOUD UPON THEIR INITIAL CONSIDERATION BY THE CITY COMMISSION; MORE PARTICULARLY, BY AMENDING SUBSECTION (f) OF SECTION 4 OF SAID CHARTER WAS DISAPPROVED BY THE ELECTORATE. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Commission hereby officially accepts the attached City Clerk's Certification and Declaration of Results of the Special Municipal Election held on November 5, 1991, in which the question of amending the City Charter (Charter Amendment No. 1) to eliminate the requirement that titles to proposed ordinances be read aloud upon their initial consideration by the City Commission; more particularly, by amending subsection (f) of Section 4 of said Charter was disapproved by the electorate. Section 2. The City Commission hereby declares: (a) with respect to Charter Amendment No. 1 providing that the existing requirement of reading aloud ordinance titles upon their initial consideration and again upon C I) j f A 11 71 r i« . V.,` �r b 'i L Es �1" CITY ��COM'- MTSSON MEETLit;f a OF NOV 14 1991 794 Mcmunm a. their second and final consideration by the City Commission be eliminated and that there be only a requirement of reading aloud ordinance titles upon second and final consideration by the City Commission unless otherwise provided by state law, an election was duly called and properly held and notice thereof was duly given in accordance with law and Resolution No. 91-524, adopted July 11, 1991, entitled: "A RESOLUTION, WITH ATTACHMENT, APPROVING, SETTING FORTH AND SUBMITTING THE DRAFT OF A PROPOSED CHARTER AMENDMENT, AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, KNOWN AS CHARTER AMENDMENT NO. 1, TO ELIMINATE THE REQUIREMENT THAT THE TITLE TO EACH PROPOSED ORDINANCE BE READ ALOUD PRIOR TO ITS INITIAL CONSIDERATION BY THE CITY COMMISSION; MORE PARTICULARLY, BY AMENDING SUBSECTION (f) OF SECTION 4 OF SAID CHARTER; CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD ON THE 5TH DAY OF NOVEMBER, 1991, FOR THE PURPOSE OF SUBMITTING CHARTER AMENDMENT NO. 1 TO THE ELECTORATE AT SAID ELECTION; FURTHER, DIRECTING THAT A CERTIFIED COPY OF THIS RESOLUTION BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF METROPOLITAN DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH SPECIAL MUNICIPAL ELECTION." (b) all steps in connection with said election were duly, regularly and lawfully taken and had; and all applicable provisions of the Constitution and Statutes of the State of Florida and of said Resolution have been fully complied with; (c) the inspectors and clerks of each election precinct 'in the City have duly made returns of the results of the election in each such precinct on the question submitted at said election; -2- 0 1 �, x) 4 (d) at said election there was submitted to the qualified electors of the City of Miami, Florida, the following question: "Shall Charter Amendment No. 1 be adopted to provide that the existing requirement of reading aloud ordinance titles upon their initial consideration and again upon their second and final consideration by the City Commission be eliminated and that there be only a requirement of reading aloud ordinance titles upon their second and final consideration by the City Commission unless otherwise provided by state law?" (e) the attached schedule correctly shows the number of each of the election precincts in the City of Miami, the number of electors entering the voting machine booths for the purpose of voting, the number of votes cast by qualified electors approving and disapproving the question to provide that the existing requirement of reading aloud ordinance titles upon their initial consideration and again upon their second and final consideration by the City Commission be eliminated and that there be only a requirement of reading aloud ordinance titles upon their second and final consideration by the City Commission unless otherwise provided by state law; (f) each qualified elector of the City of Miami was given the opportunity of voting for or against the question set forth above. Section 3. With respect to the question set forth above concerning said Charter Amendment, it is hereby found and determined that 6,294 votes were cast by qualified electors in favor of the provision and that S?14 votes were cast by qualified electors against the provision that the existing -3- ti 9 4 • requirement of reading aloud ordinance titles upon initial consideration and again upon second and final consideration by the City Commission be eliminated and that there be only a requirement of reading aloud ordinance titles upon their second and final consideration by the City Commission unless otherwise provided by state law; and the Commission hereby declares and certifies that the herein question of amending the City Charter was disapproved by the qualified electors of the City of Miami at such election and that the total number of votes on the question in said election in said voting precincts was 14,508 ; and that a majority of the votes on the question of Charter Amendment No. 1 in said election in said voting precincts was cast against said question. Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 14th day of !r ATTES'o: XAVIER L . Ad MATT 7HIRAI, CITY CLERK PREPARED AND APPROVED BY: IRIZ RI ASSISTANT CIT ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A QUINN J S, II CITY ATT Y M2434 , 1991. Z,-MAYOR 11 13 CERTIFICATION AND DECLARATION OF RESULTS ON THE PRIMARY AND SPECIAL ELECTIONS HELD ON NOVEMBER 59 1991 STATE OF FLORIDA ) COUNTY OF DADE ) CITY OF MIAMI ) I. I, MATTY HIRAI, City Clerk of the City of Miami, Florida, do hereby certify that all necessary legal steps were taken in connection with the conduct of a City of Miami Primary and Special Elections held on November 5, 1991 including the following Logic and Accuracy Tests: 1. On November 1, 1991 commencing at approximately 9:30 A.M. the Dade County Supervisor of Elections had the tabulating equipment based in the Elections Department, at the Metro -Dade Center, tested to ascertain that the equipment would correctly count the precinct and absentee ballot votes cast for all City of Miami Candidates and Charter Amendment questions. 2. Test results were compared with the predetermined totals for each candidate and issue and, pursuant to the requirements established in Section 101.5612, Florida Statutes, observed the performance and results of all required tests and verified the correctness of the program, precinct header cards and test ballots, as well as any replacement of said materials required by said tests, subject to said tests. 3. On November 5, 1991, commencing at approximately 5:00 P.M., the Dade County Supervisor of Elections had the tabulating equipment based in the Elections Department, at the Metro Dade Center, tested to ascertain that the equipment would correctly count the precinct and absentee ballot votes cast for all City of Miami Candidates and Charter Amendment questions. 1 �? r1.4 4. Sealed boxes were appropriately identified to secure the testing materials and the program microdisks, which would ensure the inviolability of the materials in question. After the voting precincts were closed and the ballots were in, all precinct ballots cast were counted. No ballot card was removed from or added to any ballot card container, ballot card tray or other segregation of ballots, and no ballot card was in any manner altered or tampered with by any person and no person touched any ballot cards container, ballot card tray or ballot cards except the person authorized to do so pursuant to Section 101.5614, Florida Statutes. 5. At the completion of the precinct and absentee ballot count, the automatic tabulating equipment was again tested to ascertain that the equipment correctly counted the precinct and absentee votes cast for all City of Miami Candidates and Charter Amendment questions. 6. At the completion of this post -count logic and accuracy test, all voted ballots together with their precinct header cards, the duplicated and the spoiled ballots were appropriately stored in card cabinets under specific sealed numbers, as more fully identified in the logic and accuracy test certificate received from the Dade County Elections Department, atached hereto. I further certify that all documents concerning these Logic and Accuracy Tests showed the computer to be functioning correctly and that they are presently in the possession of the Supervisor of Elections of Metropolitan Dade County, under sealed vault. I further certify and declare that the results of the Primary Election which was held on November 5, 1991 are as follows: FINAL CUMULATIVE REPORT (86 Precincts Processed Including Absentees) CITY OF MIAMI PRIMARY AND SPECIAL ELECTIONS November 5, 1991 ELECTION RESULTS Registered Voters - Miami Ballots Cast F'1 2 95,007 100.00% 19,580 20.60% GROUP II COMMISSIONER CANDIDATE COUNT X ALFREDO BARED 3,404 18.72 J .L . CORREA 713 3.92 VICTOR DE YURRE 7,627 41.95 BRETT W. MERKEY 522 2.87 GLADYS RODRIGUEZ 814 4.48 WELLINGTON ROLLE 1,704 9.37 CARL H. STARLING -KEY 734 4.04 MIGUEL A. TUDELA 2,663 14.65 TOTAL ------- 18,181 ------- 100.00% GROUP III COMMISSIONER CANDIDATE COUNT x E. ANGARICA 1,546 8.93 DANNY COUCH 1,883 10.87 J.L. PLUMMER 13,887 80.20 TOTAL 17,316 100.00% CHARTER AMENDMENT NO. 1 - Eliminating Requirement of Reading Aloud Ordinance Titles upon Initial Consideration by the City Commission COUNT % YES 6,294 43.38 NO 8,214 56.62 TOTAL 14,508 100.00% CHARTER AMENDMENT NO. 2 - Granting Subpoena Power to Boards and Committees Appointed by City Commission COUNT % YES 5,844 41.78 NO 8,143 58.22 TOTAL 13,987 100.00% 3 '' Q II. ABSENTEE_ BALLOT_ COUNT. CITY OF MIAMI PRIMARY AND SPECIAL ELECTIONS November 5, 1991 CUMULATIVE ABSENTEE REPORT: TOTAL ABSENTEE BALLOTS CAST: 1,323 GROUP II COMMISSIONER _CANDIDATE COUNT X ALFREDO BARED 177 14.39 J.L. CORREA 57 4.63 VICTOR DE YURRE 573 46.59 BRETT W. MERKEY 49 3.98 GLADYS RODRIGUEZ 66 5.37 WELLINGTON ROLLE 91 7.40 CARL H. STARLING -KEY 61 4.96 MIGUEL A. TUDELA 156 12.68 TOTAL 1230 100.00% GROUP III COMMISSIONER CANDIDATE COUNT % E. ANGARICA 50 4.33 DANNY COUCH 89 7.71 J.L. PLUMMER 1,015 87.95 TOTAL 1,154 99.99% CHARTER AMENDMENT NO. 1 - Eliminating Requirement of Reading Aloud Ordinance Titles upon Initial Consideration by the City Commission COUNT X YES 293 35.26 NO 538 64.74 TOTAL 831 100.00% l CHARTER AMENDMENT NO. 2 - Granting Subpoena Power to Boards and Committees Appointed by City Commission COUNT % YES UV 40.50 NO 479 59.50 TOTAL 805 100.00;G III. A. I further certify that the total number of ballots cast, plus absentee ballots received for said Primary Election was 1,323. B. I further certify that there were a total of 6,294 votes cast for approval of Charter Amendment No. 1 appearing on the ballot in the said Special Election and a total of 81214 votes cast against said amendment No. 1; therefore, I hereby declare that said question was DISAPPROVED by the electorate. C. I further certify that there were a total of 5,844 votes cast for approval of Charter Amendment No. 2 appearing on the ballot in the said Special Election and a total of 8.,143 votes cast against said amendment No.2; therefore, I hereby declare that said question was DISAPPROVED by the electorate. 5 ai 1 9 4 1� 4 D. I further certify and declare that in GROUP II (for Commissioner) no candidate for office in this group received 50 percent plus one of all votes cast and that the names of Victor De Yurre and Alfredo Bared were duly placed upon the Regular Election ballot, in alphabetical order, as candidates in the race for the office of Commissioner in Group II, in the Regular Election to be held on November 12, 1991, said candidates being hereby declared to have received the greatest number of votes in said Primary Election. E. I further certify and declare that in GROUP III (for Commissioner) J.L. Plummer received more than 50 percent plus one of all votes cast in GROUP III (namely, 80.20%), and is hereby declared to have been elected COMMISSIONER - GROUP III. WITNESS MY HAND and the official Seal of the City of Miami, Florida, this 7th day of November, 1991. M*TY-RIRTT ---- ------------ City Clerk Sworn to and subscribed before me this 7th day of November, 1991. 3y1— a —low 0—n ------- Notary Public State of Florida My Commission Expires: April 29, 1995 9 CUMULATIVE REPORT - Final NOVEMBER 5, 1991 MUNICIPAL ELECTIONS Page 1 Tut Nov 05 21:38:37 1991 MIAMI BEACH, MIAMI AND HIALEAH City of Miami Beach Miami Group III Commissioner Precincts Counted 36 100.00% E. ANGARICA 1,546 8.93% Absentee Precincts Counted 1 100.00% DANNY COUCH 1,883 10.87% Registered Voters 33,796 100.OD% J.L. PLUMMER 13,887 80.20% Ballots Cast 16,401 Miami Beach Mayor City of Miami Charter Amendment SEYMOUR "SI" GELBER 6,367 40.63% Question 1 RAPHAEL HERMAN 346 2.21% YES 6,294 43.38% ABE HIRSCHFELD 1,920 12.25% NO 8,214 56.62% BARRY KUTUN 5,510 35.16% ROBERT "BOB" SKIDELL 1,528 9.75% Question 2 YES 5,844 41.78% Miami Beach Commissioner Group I NO 8,143 58.22% JOE FONTANA 3,144 22.11% NEISEN KASDIN 7,753 54.53% LARRY NAPP 3,321 23.36% City of Hialeah Miami Beach Commissioner Group 11 Precincts Counted 34 100.00% SY EISENBERG 7,130 50.93% Absentee Precincts Counted 1 100.00% BRUCE M. SINGER 6,870 49.07% Registered Voters 40,682 100.00% Ballots Cost 12,696 Miami Beach Commissioner Group III Hialeah Council - Vote for 4 HERBERT L. GOPMAN 4,342 30.14% RAYMUNDO BARRIOS 3,753 8.94% ABRAHAM "ABE" RESNICK 7,838 54.42% ROLANDO M. BENITEZ 1,532 3.65% 141KE THOMPSON 2,224 15.44% CARMEN CALDWELL 4,566 10.92% CARLOS "CUCO" CARCAS 1,464 3.49% D'ANGELO, SALVATORE 6,232 14.84% Miami Beach Commissioner Group IV ANGEL "OMAR" FAJARDO 3,003 7.15% BENITA FELSEN ARGOS 1,552 10.83% LOUIS FIGUEIRAS 973 2.32% JACK HARTLEY 2,942 20.52% ISIS GARCIA-MARTINEZ 5,072 12.08% GLADYS R. HERNANDO 2,543 17.74% JOHN (JUAN CARLOS) MAGUA 781 1.66% ROCHELLE MALEK 2,661 18.56% EVELIO MEDINA 3,780 9.00% DAVID PEARLSON 3,626 25.29% PAULINO A. NUNEZ 4,751 11.31% JUAN CARLOS PEREZ 1,012 7.06% LUIS M. ROJAS 1,496 3.56% ROBERTO 118081" RUIZ 4,578 10.90% Miami Beach Commissioner Group V CARLOS CAPOTE 2,594 17.69% DAVID DERMER 4,805 32.77% SID GERSH 807 5.50% { SUSAN GOTTLIEB 6,457 44.04% STATE OF FLORIDA Miami Beach Commissioner Group VI COUNTY OF DADE: JORGE "GEORGE" EXPOSITO 3,078 22.30% 1 STUART ALAN RADO 1,613 11.69% i, DAVID C. LEAHY. Supervisor of Elections, RONALD C. RICKEY 998 7.23% do hereby certify that this Is a MARTIN SHAPIRO 8,111 58.78% Miami, Florida the original thereof —` Prue and Correct copy of on file in this office. City of Miami WITNESS, my hand and the seal of said Office Precincts Counted 85 100.00% A.D.9 \ - this 0f �loyc... �r +.._ Absentee Precincts Counted 1 100.00% _day i Registered Voters 95,007 100.01M DAVID C. LEAHY Ballots Cast 19,5B0 office of the Supervisor of Elections Miami Group 11 Commissioner of Metro -Dade County. Florida — ! 1\. ALFREDO BARED J.L. CORREA 3,404 713 18.72% 3.92% c t VICTOR DE YURRE 7,627 41.95% \ BRETT Y. MERKEY 522 2.37% 1j GLADYS RODRIGUEZ 814 4.48% Supervisor o E12C1i0 WELLINGTON ROLLE 1,704 9.37% CARL H. STARLING -KEY 734 4.04% NIGUEL A. TUDELA 2,663 14.65% "19 �3 t � 3 PRECINCT NO03 • Absentees Tue Nov 05 10:52:23 1991 City of Miami Registered Voters Qallats Cost Miami Group 11 Commissioner ALFREDO BARED J.L. CORREA VICTOR DE YURRE BRETT N. MERKEY GLADYS RODRIGUEZ WELLINGTON ROLLE CARL H. STARLING•KET MIGUEL A. TUDELA Miami Group III Ca-missioner E. ANGARICA DANNY COUCH J.L. PLUMMER City of Miami Charter Anendment Question 1 YES NO Question 2 YES 110 NOVEMBER 5, 1991 MUNICIPAL ELECTIONS MIAM1 BEACH, MIAMI AND HIALEAH 0 1,323 177 14.39% 57 4.63% S73 46.S9% 49 3.99% 66 5.37X 91 7.40% 61 4.96% 156 12.68% 50 6.33% 89 7.71% 1,D15 $7.95% 293 35.26% 535 64.74% 326 40.50% 479 59.50% Pape 1 , HIALEAH, MIAAII AND MIAAII BEACH MUNICIPAL ELECTIONS DADE COUNTY, FLORIDA November 5,1991 Public Logic and Accuracy Test Certification of the Precinct and Absentee Ballot Counts We, the undersigned municipal officials representing the municipal canvassing boards of these elections, do, by our signatures hereto, certify that to the best of our knowledge: 1. On November 1, 1991, commencing at approximately 9:30 a.m., the Dade County Supervisor of Elections had the tabulating equipment based in the Elections Department at the Metro -Dade Center tested to ascertain that the equipment will correctly count the precinct and absentee ballot votes cast for all candidates and questions. 2. The undersigned compared the test results with the predetermined totals for each candidate and issue and pursuant to the requirements established in Section 101.5612, Florida Statutes, observed the performance and results of all required tests and verified the correctness of the program, precinct header cards and test ballots, as well as any replacement of said materials required by said tests, subject to said tests. 3. At the completion of this public logic and accuracy test, the verified logic and accuracy report J& the HUB console log R, the program microdisks (seal numbers o o %\ 3 y� ) ®, and test ballots with precinct header cars N, were p acac- e�Ic -in the custody of the Supervisor of Elections under seal numbers 0 C l 1 a `i 5 , , rya �epres�e�� '� Miami eac CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM To HONORABLE MEMBERS OF DATE -, : 6dto�ber 18; .1991 F� THE CITY COMMISSION SUBJECT Acceptance of City of / Miam_i_Primary,_Special and Regular_ Election Ftior REFERENCES Results_- November_5 and 12-, 1991------ A T T Y H IRA I ENCLOSURES ------------ City Clerk The City of Miami Primary, Special and Regular Elections will be held on November 5 and 12, 1991. It will be in order for the City Commission to accept the City Clerk's certification and declaration of official results for said elections at the meeting presently scheduled for November 14, 1991. Attached hereto please find sample copies of pertinent documents as follows: (1) City Clerk's Certification and Declaration of Official Results of City of the Miami Primary, Special and Regular elections held on November 5 and 12, 1991; (2) Resolutions officially accepting the City Clerk's Certificate and Declaration of election results. On November 5 and 12, 1991, I shall canvas election results, sign pertinent certificates as to pre -count and post -count logic and accuracy tests, and obtain from David Leahy the precinct -by - precinct breakdown results. At the time of the Inaugural Ceremony, you will be presented with the following documents: (a) Finalized and fully executed documents as described in (1) and (2) above; (b) A Certification from the Metropolitan Dade County Supervisor of Elections as to the Logic and Accuracy Tests; and (c) A final computer printout showing a precinct -by -precinct breakdown report of all votes cast in said elections. MH:sl ENC: a/s