01-14-09 Special AgendaSPECIAL CITY COMMISSION AGENDA
City Commission Meeting
Meeting date: January 14, 2009 Time: 8:00 PM
Next Regular Meeting date: January 20, 2009
6130 Sunset Drive, South Miami, FL; Phone: (305) 663 -6340; Time: 7:30 PM
City of South Miami Ordinance No. 8 -06 -1876 requires all persons appearing in a paid
or remunerated representative capacity before the City Staff, Boards, Committees and
the City Commission, to fill out the appropriate form and file it with the City Clerk
prior to.engaging in lobbying activities.
CALL TO ORDER:
A. Invocation:
B. Pledge of Allegiance:
C. National Anthem
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
RESOLUTION (S)
1. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTION;
CANVASSING THE ELECTION RETURNS OF THE SPECIAL ELECTION
HELD JANUARY 13, 2009 FOR THE PURPOSE OF ELECTING A
COMMISSIONER FOR GROUP I FOR. AN UNEXPIRED TERM ENDING
FEBRUARY 9, 2010, DECLARING RESULTS OF SAID ELECTION;
PROVIDING AN EFFECTIVE DATE. 3/5
SPECIAL CITY COMMISSION 1
AGENDA - JANUARY 14, 2009
2. Newly elected Commissioner Valerie Newman - Oath of Office
3. Adjournment
PURSUANT TO FLA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES
TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER
CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT
FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS
NOTICE DOES NOT CONSTITUTE CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE
INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE
ALLOWED BY LAW.
SPECIAL CITY COMMISSION 2
AGENDA - JANUARY 14, 2009
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
ELECTION; CANVASSING THE ELECTION RETURNS OF THE
SPECIAL ELECTION HELD JANUARY 13, 2009 FOR THE PURPOSE
OF ELECTING A COMMISSIONER FOR GROUP I FOR AN
UNEXPIRED TERM ENDING FEBRUARY 9, 2010, DECLARING
RESULTS OF SAID ELECTION; PROVIDING AN EFFECTIVE DATE.
. WHEREAS, the Miami -Dade County Supervisor of Elections designee, Chief
Deputy Supervisor of Elections, Tara C. Smith, sitting as a Canvassing Board, has
examined the election results of the Special Election of the City of South Miami, Florida,
held on January 13, 2009, as certified by the Supervisor of Elections and declares the said
election results to be proper and correct and, having counted and recorded the absentee
ballots in the manner provided by law; and
WHEREAS, the Canvassing Board will conduct certification of official results on
Thursday, January 15, 2009 from 4:00 p.m. to completion.
WHEREAS, the total votes cast in said election for each candidate is as follows:
COMMISSIONER GROUP I
Javier Banos
Received
155
votes
Shawn D. Crews
Received
228
votes
Frank "FJC" Cuzzocrea
Received
54
votes
Levy Kelly
Received
242
votes
Valerie Newman
Received
559
votes
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. That Valerie Newman has been elected Commissioner for Group I,
for an unexpired term ending February 9, 2010.
Section 2. This resolution shall take effect upon the official certification of the
election.
PASSED AND ADOPTED this 14th day of January, 2009.
ATTEST:
Page 1 of 2
APPROVED:
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CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
MAYOR
Commission Vote:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Palmer:
Commissioner Beckman:
WAMy DocumentsTlections 2008 \resolution Canvassing Jan 13 results. 2009.doc
Page 2 of 2
CANVASSING BOARD SCHEDULE
SOUTH MIAMI SPECIAL ELECTION — JANUARY 13, 2009
DATE/TIME
LOCATION
ACTIVITY
ATTENDANCE
Thursday, 1/8/09
Miami -Dade County
1. Logic and Accuracy Test of the
All Canvassing Board
10:00 a.m.
Elections Department
touch screen and optical scan
Members or
2700 NW 87 Ave.
voting systems to be used for
one designated
Miami, FL
precincts and paper ballots
Canvassing Board
Member
Tuesday, 1/13/09
South Miami City Hall
1. Pre -count Logic and Accuracy Test
All Canvassing Board
Chambers
of the optical scan system used for
Members
6130 Sunset Drive
paper ballots
South,Miami, FL
2. Absentee ballot opening and
processing (as needed)
3. Duplication of ballots (as needed)
Canvassing: 6:00 p.m.
4. Canvassing of presumed invalid
to completion
absentee ballots
5. Provisional ballots processing
6. Tabulation of results
7. Certification of Unofficial Results
Thursday, 1/15/09
Miami -Dade County
1. Provisional ballots processing, if
All Canvassing Board
4:00 p.m. to completion
Elections Department
needed.
Members
2700 NW 87 Ave.
2. Certification of Official Results,
Miami, FL
including Provisionals
3. Post -count Logic and Accuracy
Test of the optical scan system
used for absentee and provisional
ballots
Friday, 1/16/09
Miami -Dade County
1. Precincts Selection for State Audit
All Canvassing Board
10:00 a.m. to
Elections Department
2. Audit Process starts to completion
Members
completion
2700 NW 87 Ave.
(scheduled as. needed)
must attend for item 1
Miami, FL
All Canvassing Board
Members or
designees must
attend for item 2
Canvassing Board Member(s):
Tara C. Smith, Chief Deputy Supervisor of Elections (designee)
Rev. 12/30/08:ZR
M I DADE
Elections
2700 NW 87th Avenue
Miami, Florida 33172
T 305 - 499 -VOTE F 305 - 499 -8547
TTY: 305 - 499 -8480
ELECTION: SOUTH MIAMI SPECIAL ELECTION
DATE OF ELECTION: JANUARY 13, 2009
CERTIFICATION OF ELECTION TABULATION
miamidade.gov
I, the undersigned, Maria M. Menendez, Clerk of City of South Miami, do by my signature
hereto, certify that to the best of my knowledge:
1. On January 13, 2009, commencing at approximately 7:00: p.m. the Miami -Dade County
Supervisor of Elections had the absentee ballot tabulating equipment tested to ascertain that
the equipment will correctly count the votes cast for the candidates and/or issues, which have
been voted on in the. South Miami Special Election, held on January 13, 2009.
2. The testing materials of the Public Test, delivered still under Seal No.7r�Ia G 1 ,
opened in my presence, were used and the procedures of Paragraph Two, Certification of
Logic and Accuracy were followed.
3. At the completion of the above test all counters were zeroed, and all votes cast in the
above election were counted. Steps have been taken to ensure the security of said materials
prior to, during and subsequent to the election, except when said materials were properly in the
possession of the Elections Department staff appointed to conduct the election.
4. Except as otherwise specifically set forth and declared in this certification, in our
presence and sight, no absentee ballot was removed from or added, and no absentee ballot was
in any manner altered or tampered with by any person, and no person touched any absentee
ballot or PEB, except a person authorized to do so pursuant to Section 101.5612, Florida
Statutes.
5. At the completion of the vote count, the absentee ballot tabulating equipment was
again tested to ascertain that the equipment correctly counted the votes cast for the candidates
and/or issues.
6. Stored in a container(s), sealed, dated and signed by me, were placed the voted
absentee ballots [ ], voided ballots [ ], Logic and Accuracy reports [ ], and test materials [ ].
The sealed container(s) was /were delivered to the undersigned and placed in my custody.
Signature of Municipal Clerk
Maria M. Menendez Date
�� � / �'1 r fir• � ,�, ,n i —� ^eI n /t�� 1 .4- r 11— �— '? e,✓N'�`'?, /' rf �J� ,e° "�'. A
SUMMARY REPT -GROUP DETAIL
RUN DATE:01 /13/09 07:52 PM
PRECINCTS COUNTED (OF 8)
REGISTERED VOTERS - TOTAL .
BALLOTS CAST - TOTAL. . . . . . .
VOTER TURNOUT - TOTAL . . . . . .
COMMISSIONER - GROUP I CITY:SOUTH MIAMI
(Vote for ) 1
Javier Banos . . . . . . . . .
Shawn D. Crews. . . . . . . . .
Frank "FJC" Cuzzocrea . . . . . .
Levy Kelly . . . . . . . . . .
Valerie Newman. . . . . . . . .
Total . . . . . . . . .
OFFICIAL SPECIAL ELECTION
SOUTH MIAMI,
FLORIDA
JANUARY 13,
2009
TOTAL VOTES %
ED OSS ED
iVOTRONIC
ABSENTEE
8 100.00
7,389
1,242
843
0
399
16.81
155 12.52
66
0
89
228 18.42
174
0
54
54 4.36
21
0
33
242 19.55
187
0
55
559 45.15
395
0
164
1,238
843
0
395
1 041&04",
UNOFFICIAL RESULTS
REPORT -EL45A PAGE 001
PREC REPORT -GROUP DETAIL
RUN DATE:01 /13/09 07:52 PM
6060 PRECINCT 606 - 0
REGISTERED VOTERS - TOTAL . . . .
BALLOTS CAST - TOTAL. . . . .
VOTER TURNOUT - TOTAL . . . . .
COMMISSIONER - GROUP I CITY:SOUTH MIAMI
(Vote for ) 1
Javier Banos . . . . . . . .
Shawn D. Crews. . . . . . . .
Frank "FJC" Cuzzocrea . . . . .
Levy Kelly . . . . . . . . .
Valerie Newman. . . . . . . .
Total . . . . . . . .
OFFICIAL SPECIAL ELECTION
SOUTH MIAMI, FLORIDA
JANUARY 13, 2009
TOTAL VOTES %
2,805
534
19.04
ED OSS ED WOTRONIC
364 0
ABSENTEE
170
55
10.32
25
0
30
105
19.70
84
0
21
24
4.50
12
0
12
69
12.95
52
0
17
280
52.53
191
0
89
533
364
0
169
UNOFFICIAL RESULTS
REPORT -EL30A PAGE 6060 -01
PREC REPORT -GROUP DETAIL OFFICIAL SPECIAL ELECTION
SOUTH MIAMI, FLORIDA
JANUARY 13, 2009
RUN DATE:01 /13/09 07:52 PM
6200 PRECINCT 620 - 0
ED OSS ED iVOTRONIC ABSENTEE
4 0 6
2 0 3
0 0 0
1 0 3
0 0 0
1 0 0
4 0 6
UNOFFICIAL RESULTS
REPORT -EL30A PAGE 6200 -01
TOTAL VOTES
%
REGISTERED VOTERS - TOTAL . . . .
. . 163
BALLOTS CAST - TOTAL. . . . . .
. . 10
VOTER TURNOUT - TOTAL . . . . .
. .
6.13
COMMISSIONER - GROUP I CITY:SOUTH MIAMI
(Vote for ) 1
Javier Banos . . . . . . . .
. . 5
50.00
Shawn D. Crews. . . . . . . .
. . 0
Frank "FJC" Cuzzocrea . . . . . .
. 4
40.00
Levy Kelly . . . . . . . . . .
. 0
Valerie Newman. . . . . . . . .
. 1
10.00
Total . . . . . . . . .
. 10
ED OSS ED iVOTRONIC ABSENTEE
4 0 6
2 0 3
0 0 0
1 0 3
0 0 0
1 0 0
4 0 6
UNOFFICIAL RESULTS
REPORT -EL30A PAGE 6200 -01
PREC REPORT -GROUP DETAIL OFFICIAL SPECIAL ELECTION
SOUTH MIAMI, FLORIDA
JANUARY 13, 2009
RUN DATE:01 /13/09 07:52 PM
6210 PRECINCT 621 - 0
ED OSS ED iVOTRONIC
327 0
ABSENTEE
94
UNOFFICIAL RESULTS
REPORT -EL30A PAGE 6210 -01
8
TOTAL VOTES
%
REGISTERED VOTERS - TOTAL . . . .
. . 2,472
15
BALLOTS CAST - TOTAL. . . . . .
. . 421
7
VOTER TURNOUT - TOTAL . . . . .
. .
17.03
COMMISSIONER - GROUP I CITY:SOUTH MIAMI
0
21
(Vote for ) 1
0
93
Javier Banos . . . . . . . .
. . 25
5.95
Shawn D. Crews. . . . . . . .
. . 69
16.43
Frank "FJC" Cuzzocrea . . . . .
. . 11
2.62
Levy Kelly . . . . . . . . .
. . 163
38.81
Valerie Newman. . . . . . . .
. . 152
36.19
Total . . . . . . . .
. . 420
ED OSS ED iVOTRONIC
327 0
ABSENTEE
94
UNOFFICIAL RESULTS
REPORT -EL30A PAGE 6210 -01
8
0
17
54
0
15
4
0
7
130
0
33
131
0
21
327
0
93
PREC REPORT -GROUP DETAIL
RUN DATE:01 /13/09 07:52 PM
6220 PRECINCT 622 - 0
REGISTERED VOTERS - TOTAL . . . . .
BALLOTS CAST - TOTAL.
VOTER TURNOUT - TOTAL . . . .
COMMISSIONER - GROUP I CITY:SOUTH MIAMI
(Vote for ) 1
Javier Banos . . . . . . . . .
Shawn D. Crews. . . . . . . . .
Frank "FJC" Cuzzocrea . . . . . .
Levy Kelly . . . . . . . . . .
Valerie Newman. . . . . . . . .
Total . . . . . . . . .
OFFICIAL SPECIAL ELECTION
SOUTH MIAMI, FLORIDA
JANUARY 13, 2009
TOTAL VOTES %
141
18
12.77
ED OSS ED iVOTRONIC
15 0
ABSENTEE
3
0
0
0 0
5 27.78
5
0 0
2 11.11
0
0 2
0
0
0 0
11 61.11
10
0 1
18
15
0 3
UNOFFICIAL RESULTS
REPORT -EL30A PAGE 6220 -01
PREC REPORT -GROUP DETAIL
RUN DATE:01 /13/09 07:52 PM
6230 PRECINCT 623 - 0
OFFICIAL SPECIAL ELECTION
SOUTH MIAMI, FLORIDA
JANUARY 13, 2009
TOTAL VOTES %
REGISTERED VOTERS - TOTAL . . . . . . 269
BALLOTS CAST - TOTAL. . . . . . . . 50
VOTER TURNOUT - TOTAL . . . . . . . 18.59
COMMISSIONER - GROUP I CITY:SOUTH MIAMI
(Vote for ) 1
Javier Banos . . . . . . .
Shawn D. Crews. . . . . . . .
Frank "FJC" Cuzzocrea . . . . .
Levy Kelly . . . . . . . . .
Valerie Newman. . . . . . . .
Total . . . . . . . .
ED OSS ED iVOTRONIC ABSENTEE
25 0 25
13 26.00
4
0
9
17 34.00
11
0
6
4 8.00
0
0
4
2 4.00
2
0
0
14 28.00
8
0
6
50
25
0
25
UNOFFICIAL RESULTS
REPORT -EL30A PAGE 6230 -01
PREC REPORT -GROUP DETAIL OFFICIAL SPECIAL ELECTION
SOUTH MIAMI, FLORIDA
JANUARY 13, 2009
RUN DATE:01 /13/09 07:52 PM
6510 PRECINCT 651 - 0
ED OSS ED iVOTRONIC
25 0
ABSENTEE
18
9
TOTAL VOTES
%
REGISTERED VOTERS - TOTAL . . . .
. . 363
0 0
BALLOTS CAST - TOTAL. . . . . .
. . 43
15
VOTER TURNOUT - TOTAL . . . . .
. .
11.85
COMMISSIONER - GROUP I CITY:SOUTH MIAMI
(Vote for ) 1
Javier Banos . . . . . . . . .
. 19
44.19
Shawn D. Crews. . . . . . . . .
. 1
2.33
Frank "FJC" Cuzzocrea . . . . . .
. 0
Levy Kelly . . . . . . . . . .
.. 0
Valerie Newman. . . . . . . . .
. 23
53.49
Total . . . . . . . . .
. 43
ED OSS ED iVOTRONIC
25 0
ABSENTEE
18
9
0 10
1
0 0
0
0 0
0
0 0
15
0 8
25
0 18
UNOFFICIAL RESULTS
REPORT -EL30A PAGE 6510 -01
PREC REPORT -GROUP DETAIL
RUN DATE:01 /13/09 07:52 PM
6520 PRECINCT 652 - 0
REGISTERED VOTERS - TOTAL . . . .
BALLOTS CAST - TOTAL. . . . . .
VOTER TURNOUT - TOTAL . . . . .
COMMISSIONER - GROUP I CITY:SOUTH MIAMI
(Vote for ) 1
Javier Banos . . . . . . . .
Shawn D. Crews.. . . . . . . .
Frank "FJC" Cuzzocrea . . . . .
Levy Kelly . . . . . . . .
Valerie Newman. . . . . . . .
Total . . . . . . . .
OFFICIAL SPECIAL ELECTION
SOUTH MIAMI, FLORIDA
JANUARY 13, 2009
TOTAL VOTES % ED OSS ED iVOTRONIC ABSENTEE
521
48 21 0 27
9.21
14
30.43
8
0
6
7
15.22
3
0
4
2
4.35
0
0
2
4
8.70
1
0
3
19
41.30
9
0
10
46
21
0
25
UNOFFICIAL RESULTS
REPORT -EL30A PAGE 6520 -01
PREC REPORT -GROUP DETAIL
RUN DATE:01 /13/09 07:52 PM
6530 PRECINCT 653
REGISTERED VOTERS - TOTAL . . . . .
BALLOTS CAST - TOTAL. . . . . . .
VOTER TURNOUT - TOTAL . . . . . .
COMMISSIONER - GROUP I CITY:SOUTH MIAMI
(Vote for ) 1
Javier Banos . . . . . . . . .
Shawn D. Crews. . . . . . . . .
Frank "FJC" Cuzzocrea . . . . . .
Levy Kelly . . . . . . . . . .
Valerie Newman. . . . . . . . .
Total . . . . . . . . .
OFFICIAL SPECIAL ELECTION
SOUTH MIAMI, FLORIDA
JANUARY 13, 2009
TOTAL VOTES %
655
118
18.02
ED OSS ED iVOTRONIC
62 0
ABSENTEE
56
24
20.34
10
0
14
24
20.34
16
0
8
7
5.93
4
0
3
4
3.39
2
0
2
59
50.00
30
0
29
118
62
0
56
UNOFFICIAL RESULTS
REPORT -EL30A PAGE 6530 -01
CO NTY
CERTIFICATION
STATE OF FLORIDA)
COUNTY OF MIAMI -DADE)
Elections
2700 NW 87th Avenue
Miami, Florida 33172
T 305 - 499 -VOTE F 305 - 499 -8547
TTY: 305 - 499 -8480
miamidade.gov
I, Tara C. Smith, Chief Deputy Supervisor of Elections of Miami -Dade County, Florida,
do hereby certify that the attached is a true and correct copy of the precinct and
absentee ballot counts of the votes cast for the municipal office listed below at the
January 13, 2009, City of South Miami Special Election:
COMMISSIONER — GROUP I
WITNESS MY HAND AND
OFFICIAL SEAL, AT MIAMI,
MIAMI -DADE COUNTY, FLORIDA,
ON THIS 13TH DAY OF JANUARY, 2009
TS: mg
Enclosures
Ij 1Aj &U.
oln'L
Tara C. Smith
Chief Deputy Supervisor of Elections
Miami -Dade County
COUNTY
Elections
2700 NW 87th Avenue
Miami, Florida 33172
T 305 - 499 -VOTE F 305 - 499 -8547
TTY: 305 - 499 -8480
miamidade.gov
January 13, 2009
Maria M. Menendez
City Clerk
City of South Miami
Re: Transmittal of South Miami Special Election
Voted Absentee Ballots
Dear Ms. Menendez:
A total of four hundred (400) voted absentee ballots are being submitted to you for the
January 13, 2009, City of South Miami Special Election. Of this number, three hundred
ninety -four (394) absentee ballots are presumed valid and six (6) absentee ballots are
presumed invalid.
Precinct 606 contains 170
Precinct 620 contains 6
Precinct 621 contains 89
Precinct 622 contains 3
Precinct 623 contains 25
Precinct 651 contains 18
Precinct 652 contains 27
Precinct 653 contains 56
Seal # 178753
Seal # 178750
Seal # 178755
Seal # 178751
Seal # 178741
Seal # 178742
Seal # 178756
Seal # 178754
These ballots are being delivered to you by Rosy Pastrana, Deputy Supervisor of
Elections for Operations, Miami -Dade County Elections Department, who is serving in the
capacity of Election Administrator for the City of South Miami Special Election.
This form serves as the official transmittal of these ballots.
Sincerely,
4trran ith
C hief Deputy Supervisor of Elections
Miami -Dade Elections Department
ABSENTEE BALLOT CANVASSING REPORT
ELECTION DATE: January 13, 2009
ELECTION: South Miami Special General
BATCH # 1
PRESENTED TO
CANVASSING BOARD:
NO. OF BALLOTS VALID 1 394
NO. OF BALLOTS PRESUMED 6
INVALID
NO. OF PROVISIONAL
BALLOTS
TOTAL NO. OF BALLOTS 1 400
V. Amil
Processed By (Initials)
AFTER CANVASSING
CHANGES:
VALID:
INVALID:
1/13/09
Date
PRESUMED INVALID SUMMARY
E
PROVISIONAL BALLOT SUMMARY
Signature Differs
2
Presumed Valid
0
No Signature
4
Presumed Invalid
0
Not Registered
0
Registered Somewhere else
0
Challenged Voter
0
TOTAL AMOUNT:
6
Wrong Precinct
0
Permission to Open
0
TOTALAMOUNT:t,
0
Tabulated
0µ
Revised 02/21/06:MG