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Home My WebLink AboutR-91-0795J-91-674 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 AMENDING THE CITY CHARTER (CHARTER AMENDMENT NO. 2) TO PROVIDE THAT THE CITY COMMISSION SHALL HAVE THE AUTHORITY, BY ORDINANCE, TO GRANT SUBPOENA POWER TO SUCH BOARDS AND COMMITTEES APPOINTED BY THE CITY COMMISSION AS THE COMMISSION MAY DEEM APPROPRIATE; MORE PARTICULARLY, BY ADDING A NEW SUBSECTION (b) TO SECTION 14 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. 2) to provide that the City Commission shall have the authority, by ordinance, to grant subpoena power to such boards and committees appointed by the City Commission as the Commission may deem appropriate; more particularly, by adding a new subsection (b) to Section 14 of said Charter, was disapproved by the electorate. -- rl I l, F0. q "A '", r""fi g CITY CCMEAV w 310N N 0 V 14 1991 �aocertat ws. LM The City Commission hereby declares: (a) with respect to Charter Amendment No. 2 providing that the City Commission shall have the authority, by ordinance, to grant subpoena power to such boards and committees appointed by the City Commission as it may deem appropriate to require the attendance of witnesses, the production of documents and other evidence before said board or committee, with said subpoenas issued by the board or committee chairperson, served by City police or other duly authorized persons and enforced by the City, an election was duly called and properly held and notice thereof was duly given in accordance with law and Resolution No. 91-525, 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. 2, TO PROVIDE THAT THE CITY COMMISSION SHALL HAVE THE AUTHORITY, BY ORDINANCE, TO GRANT SUBPOENA POWER TO SUCH BOARDS AND COMMITTEES APPOINTED BY THE CITY COMMISSION AS THE COMMISSION MAY DEEM APPROPRIATE; MORE PARTICULARLY, BY ADDING A NEW SUBSECTION (b) TO SECTION 14 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. 2 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; -2- (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; (d) at said election there was submitted to the qualified electors of the City of Miami, Florida, the following question: "Shall Charter Amendment No. 2 be adopted to provide that the City Commission shall have the authority, by ordinance, to grant subpoena power to such boards and committees as it may deem appropriate to require the attendance of witnesses, the production of documents and other evidence before said board or committee, with said subpoenas issued by the board or committee chairperson, served by City police or other duly authorized persons and enforced by the City?" (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 City Commission shall have the authority, by ordinance, to grant subpoena power to such boards and committees as it may deem appropriate to require the attendance of witnesses, the production of documents and other evidence before said board or committee, with said subpoenas issued by the board or committee chairperson, served by City police or other duly authorized persons and enforced by the City; (f) each qualified elector of the City of Miami was given the opportunity of voting for or against the question set forth above. . -3- ;f 1 l 9 ry Section 3. With respect to the question set forth above concerning said Charter Amendment, it is hereby found and determined that 5,844 votes were cast by qualified electors in favor of the provision and that 8,143 votes were cast by qualified electors against the provision that the City Commission shall have the authority, by ordinance, to grant subpoena power to such boards and committees as it may deem appropriate to require the attendance of witnesses, the production of documents and other evidence before said board or committee, with said subpoenas issued by the board or committee chairperson, served by City police or other duly authorized persons and enforced by the City; 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 13,987 ; and that a majority of the votes on the question of Charter Amendment No. 2 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 --Agby er , 1991. ATTEST: MATTY H RAI, CITY CLERK AND APPROVED BY: r RAM0N IRIZ RI ASSISTANT ITY M2435 EY XAVIER' SUAREZ, MAYOR APPROVED AS TO FORM AND CORRECTNESS: P QU 'N J NES , I I CITY AT 0 NEY _ -__ _. ,.. 9`(a.:_'�.l:..a5rnnnF�?s?�.•vvt^r+s9uiP".-r,.q+arxxeras�.w.'vanm*�rrt^earns��.. _ _. _._ _.._.. ._ 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 GROUP II COMMISSIONER CANDIDATE COUNT % 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 % 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 r 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% = 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 _4 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 95,007 19,580 100.00% 20.60% 2 kf i .- 1 J GROUP II COMMISSIONER _CANDIDATE COUNT 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 % E. ANGARICA 1,546 8.93 DANNY COUCH 1,883 10.87 J.L. PLUMMER 13,887 60.20 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 �i i 7 9 z or II. ABSENTEE BALLOT COUNT. i CITY OF MIAMI PRIMARY AND SPECIAL ELECTIONS November 5, 1991 CUMULATIVE ABSENTEE REPORT: i TOTAL ABSENTEE BALLOTS CAST: 1,323 1 ' GROUP II COMMISSIONER 1 , _CANDIDATE COUNT % `I ALFREDO BARED 177 14.39 I J.L. CORREA 57 4.63 VICTOR DE YURRE 573 46.59 BRETT W. MERKEY 49 3.98 1 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 X 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% 4 � .. 7 9 j0 CHARTER AMENDMENT NO. 2 - Granting Subpoena Power to Boards and Committees Appointed by City Commission COUNT % YES 326 40.50 NO 479 59.50 TOTAL 805 100:00% 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 5i844 votes cast for approval of Charter Amendment No. 2 appearing on the ballot in the said Special Election and a total of 8i143 votes cast against said amendment No.2; therefore, I hereby declare that said question was DISAPPROVED by the electorate. 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, fE. 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, 80.20ti), 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. RA ------- City Clerk 1991. Sworn to and subscribed before me this 7th day of November, S y 1~ �-U7L-�o n------- Notary Public State of Florida My Commission Expires: April 29, 1995 _ �2 6 qpm - CUMULATIVE REPORT - Final NOVEMBER 5, 1991 MUNICIPAL ELECTIONS Pape 1 Tut Nov 05 21:38:37 1991 MIAMI BEACH, MIAMI AND HIALEAN 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 1,583 10.87% - Registered Voters 33,796 100.00% J.L. PL"ER 13,887 80.20% Ballots Cast 16,401 Miami Beach Mayor SEYMOUR "SI" GELBER RAPHAEL HERMAN ABE HIRSCHFELD BARRY KUTUN ROBERT "BO8" SKIDELL Miami Beach Commissioner Group I JOE FONTANA NEISEN KASDIN LARRY NAPP 6,367 40.63% 346 2.21% 1,920 12.25% 5,510 35.16% 1,528 9.75% 3,1" 22.11% 7,753 54.53% 3,321 23.36% Miami Beach Commissioner Group II SY EISENBERG 7,130 50.93% BRUCE M. SINGER 6,870 49.07% Miami Beach Commissioner Group III HERBERT L. GOPMAN 4,342 30.14% ABRAHAM "ABE" RESNICK 7,838 54.42% MIKE THOMPSON 2,224 15.44% Miami Beach Commissioner Group IV BENITA FELSEN ARGOS 1,552 10.63% JACK HARTLEY 2,942 20.52% GLADYS R. HERNANDO 2,543 17.74% ROCHELLE MALEK 2,661 18.56% DAVID PEARLSON 3,626 25.29% JUAN CARLOS PEREZ 1,012 7.06% 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% Miami Beach Commissioner Group VI JORGE "GEORGE" EXPOSITO 3,078 22.30% STUART ALAN RADO 1,613 11.69% RONALD C. RICKEY 998 7.23% MARTIN SHAPIRO 8,111 58.78% City of Miami Precincts Counted 85 100.OD% Absentee Precincts Counted 1 100.OD% Registered Voters 95,007 100.OD% Ballots Cast 19,580 Miami Group 11 Commissioner ALFREDO BARED 3,404 18.72% J.L. CORREA 713 3.92% VICTOR DE YURRE 7,627 41.95% BRETT Y. MERKEY 522 2.87% GLADYS RODRIGUEZ 814 4.45% WELLINGTON ROLLE 1,704 9.37% CARL H. STARLING -KEY 734 4.04% MIGUEL A. TLIDELA 2,663 14.65% City of Miami Charter Amendment Question 1 YES 6,294 43.38% NO 8,214 56.62% Question 2 YES 5's" 41.78% NO 8,143 58.22% City of Hialeah Precincts Counted 34 100.00% Absentee Precincts Counted 1 100.00% Registered Voters 40,682 100.00% Ballots Cast 12,696 Hialeah Council - Vote for 4 RAYMUNDO BARRIOS 3,753 8.94% ROLANDO M. BENITEZ 1,532 3.65% CARMEN CALDWELL 4,586 10.92% CARLOS "CUCO" CARCAS 1,464 3.49% D'ANGELO, SALVATORE 6,232 14.84% ANGEL "OMAR" FAJARDO 3,003 7.15% LOUIS FIGUEiRAS 973 2.32% ISIS GARCIA-MARTINEZ 5,072 12.08% JOHN (JUAN CARLOS) MAGUA 781 1.86% EVELIO MEDINA 3,780 9.OD% PAULINO A. NUNEZ 4,751 11.31% LUIS M. ROJAS 1,496 3.56% ROBERTO 11808" RUIZ 4,578 10.90% STATE OF FLORIDA COUNTY OF DADE: 1, DAVID C. LEAHY, Supervisor of Elections, Miami, Florida do hereby certify that this Is a ,rue and correct copy of the original thereof an file in this office. WITNESS, my hand and the seal of said Office this _day of 1144t ,. kr A.D.19 X DAVID C. LEAHY Office of the Supervisor of Elections of Metro -Dade, County. Florida Supervisor o Electio PRECINCT ND03. Absentees Tue Nov 05 10:52:23 1991 City of Miami Registered Voters Datlots Cast Miami Group 11 Commissioner ALFREDO BARED J.L. CORREA VICTOR DE YURRE BRETT H. MERKEY GLADYS RODRIGUEZ WELLINGTON ROLLE CARL H. STARLING -KEY MIGUEL A. TLDELA Miami Group III Commissioner E. ANGARICA DANNY COUCH J.L. PLUMMER City of Miami Charter Amerxk*nt Question 1 YES NO Question 2 YES NO NOVE14BER 5, 1991 MUNICIPAL ELECTIONS MIAMI BEACH, MIAMI AND HIALEAH 0 1,323 177 14.39% 57 4.63% S73 ".59% 49 3.98% 66 5.37% 91 7.40% 61 4.96% 156 12.68% SO 4.33% 89 7.71% 1,015 87.95% 293 35.26% S38 64.74% 326 40.SO% 479 59.50% Pape 1 LA N HIALEAH, MIAMI AND MIAMI 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 rep-i: t 0, the HUB console log N, the program microdisks (seal numbers O o \ \ 3 y 1 ) ®, and test ballots with precinct header cars ®, were p ace jn the custody of the Supervisor of Elections under seal numbers 0 Ry of Miami Beach RepresentativI . CITY OF MIAf'vil, FLORIDA INTER -OFFICE MEMORANDUM ` �O HONORABLE MEMBERS OF THE CITY COMMISSION F Rot. #ATTYHIRAI City Clerk DATE �, 6dto'ber, 18;, ..1991 FEE SUBJECT Acceptance _of_Ci ty_of 'Miami Primarx,_SpeciaT and Reduiar_Election REFERENCES 'Ressults - November 5 a`n_dd_12i_1_9_91- ---'-� ENCLOSURES. 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. M H : s I ENC: a/s S, -l