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03-13-14 Special MeetingCITY COMMISSION LktLl?:X1 tff:1[ H CITY OF DELRAY BEACH, FLORIDA SPECIAL MEETING - THURSDAY, MARCH 13, 2014 6:00 P.M. DELRAY BEACH CITY HALL r� 20U1 The City will furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact the City Manager at 243 -7010, 24 hours prior to the program or activity in order for the City to reasonably accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. SPECIAL MEETING AGENDA Pursuant to Section 3.12 of the Charter of the City of Delray Beach, the Mayor has instructed me to announce a Special Meeting of the City Commission to be held for the following purposes: 1. MUNICIPAL ELECTION RESULTS /RESOLUTION NO. 11 -14: Canvass the returns, and declare the results of the March 11, 2014 First Nonpartisan and Special (Referendum) Election; approve Resolution No. 11 -14. 2. Commission Comments Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. MEMORANDUM TO: Mayor and City Commissioners FROM: Chevelle D. Nubin, MMC, City Clerk THROUGH: Louie Chapman, Jr., City Manager DATE: March 7, 2014 SUBJECT: AGENDA ITEM SP.1- SPECIAL MEETING OF MARCH 13, 2014 MUNICIPAL ELECTION 2014 RESULTS/RESOLUTION NO. 11 -14 ITEM BEFORE COMMISSION Presented for your review are the unofficial cumulative totals for the regular, absentee, and provisional ballots as provided by the Supervisor of Elections for Palm Beach County; indicating the results of the First Non Partisan and Special (Referendum) Election held on Tuesday, March 11, 2014. BACKGROUND FIRST NON PARTISAN ELECTION COMMISSION MEMBER - SEAT #2 -THREE YEAR TERM RICHARD "RICK" BURGESS 294 CHRIS DAVEY 2,964 AL JACQUET 3,229 COMMISSION MEMBER - SEAT #4 - THREE YEAR TERM PAMELA BRINSON 300 ANGIE GRAY 2,613 JORDANA JARJURA 3,255 VICTOR "DOC VIC" KIRSON 225 REFERENDUM QUESTION 1 CHARTER AMENDMENT — VOTING PROCEDURE CHANGE THE CHARTER CURRENTLY REQUIRES THREE CONCURRING VOTES TO TAKE ACTION ON AN ITEM. UNDER THE PROPOSED CHARTER AMENDMENT, THE AFFIRMATIVE VOTE OF THREE MEMBERS OF THE COMMISSION WOULD BE REQUIRED TO TAKE ACTION ON AN ITEM, EXCEPT IN THE EVENT THAT, BECAUSE OF A VACANCY OR REQUIRED VOTING ABSTENTION, THERE ARE LESS THAN THREE MEMBERS ELIGIBLE TO VOTE, IN WHICH CASE THE REMAINING MEMBER(S) MAY APPROVE THE ITEM BY UNANIMOUS VOTE. SHALL THE CHARTER AMENDMENT BE ADOPTED? YES NO I have prepared a resolution to be used after the vote on the referendum which certifies and declares the results of the election held on March 11, 2014. Exhibit A to the resolution is a certification provided pursuant to Florida Statute Section 100.351, which requires that the "election officials" of the City certify the results to the Department of State, which shall enter the results in the official records to be held on file in the Office of the Department of State. In addition, Exhibit A should also include the voting information obtained by the City from the Supervisor of Elections and the affidavit and advertisements as to the publications required by law. RECOMMENDATION To Approve the Unofficial cumulative totals for each candidate for Commission Member /Seat #2 and Commission Member /Seat #4, including all of the regular, absentee, and provisional votes as presented, and that it is hereby declared, based upon the above and foregoing unofficial results, that AL JACOUET is elected as Commission Member /Seat #2, for a three year term commencing on the 27th day of March, 2014, and that JORDANA JARJURA is elected as Commission Member /Seat #4, for a three year term commencing on the 27th day of March, 2014 ending in accordance with the City Charter. In addition, approve the total votes for Ballot Question One including all of the regular, absentee, and provisional votes as presented, and that it is hereby declared, based upon the above and foregoing results, that Ballot Question One is APPROVED. PALM BEACH UNOFFICIAL RESULTS S MUN- ICiPAL_2014_E Cumulative Totals Burch 11, 2014 REGISTRATION & TURNOUT PALM BEACH Completed Precincts Total Registration Precinct Ballots. Cast Precinct ADA Ballots Cast Absentee Ballots Cast Early Voting Ballots Cast Early Voting ADA Ballots Cast Provisional Ballots Cast ATLANTIS - SEAT 1 Completed Precincts Under Votes: Over Votes: NPA - Fred Furtado NPA - Daniel Larkin BOYNTON2 - COMMISSIONER Completed Precincts Under Votes: Over Votes NPA - Mack .McCra.y NPA - Paula Melley BOYNTON4 - COMMISSIONER Completed Precincts Under Votes: Over Votes: NPA - Joe Casello NPA - Carmela R. Nanton 277 of 277 316,521: 33,482 10:.581° 2 0.00% 8,940 2.82 %u 0 0.00 % O 0.00% 67 0.02 %' 1of1 0 0 204 51.26% 194 48.74 %I 7of7 1 0 571 71.296% 13 of 13 1 0 306 78.66 % 83 21,34% BOCA -MAYOR Completed Precincts Under Votes: Over Votes: NPA - Susan Haynie NPA -Anthony Majhess BOCA - SEAT B 37 of 37 66 1 6,294 57.03% 4,743 42,97% Completed Precincts 37 of 37 Under Votes: 536 Over Votes: 4 NPA - Mohamed Abdalla 560 5.30% NPA : - Michael Mullaug.h 5,518 52 :23 % NPA -.Craig F. Ehmst 3,316 31.39% NPA - Eric Gooden 1.070 11:08:% BOCA - SEAT D Completed Precincts Under Votes: Over Votes: NPA - Rosetta V. Bailey 37 of 37 802 0 1 ,674 16.25% NPA - Robert ` S.Weinroth 6;866 66:671/o NPA - Yaniv Alcalay 1,760 17.08% DELRAY - SEAT 2 Completed Precincts 36 of 36 Under Votes: 97 Over Votes: 0 NPA fthard 'Rick' Burgess 294 4.:53..% NPA - Chris Davey 2,964 45.696/. NPA -Ai Jacquet 3,229 4978 %a DELRAY - SEAT 4 Completed Precincts 36 of 36 Under Votes: 185 Over Votes: 6 NPA - Pamela Brinson 300 4.69% NPA - Angie Gray 2,613 40.87% NPA - JordanaJ.arjura 3,255 50.92% NPA - Victor'Doc Vic' Kirson 225 3.52% DELRAY QUESTION Completed Precincts 36 of 36 Under Votes: 1,144 Over Votes: 2 YES` 3;.0.21 55,55% NO 2,417 4445% GREENACRES - DISTRICT III Completed Precincts 16 of 16 Under Votes: 3 Over Votes: 4 NPA - Judith Dugg 788 71:106 NPA - Rochelle Gaen er 321 28.94% GULSTREAM - COMMISSION Completed Precincts 1 of 1 Under Votes, 363 Over Votes: 0 NPA - Robert Ganger. 325 18.87 % NPA -Scott W, Morgan 325 18.87% NPA - Martin E. O'Boyle 122. 7.08% NPA -Joan K. Orthwein 313 18.18% NPA, Thomas M> Stanley 317 1$_.41 °° NPA - Donna S. White 320 18.58% Run Date/Time; 3112114 2:22:31 AM Page 1 of 3 PALM BEACH UNOFFICIAL RESULTS MUNICIPAL _2014_E Cumulative Totals March 11, 2014 HIGHLAND - COMMISSIONER Completed Precincts 2 of 2 Under Votes: 3 Over Votes: 0 NPA — Dennis J. Sheridan 495 .50.93% NPA - Rhoda Zelniker 477 49.07% HIGHLAND QUESTION Completed Precincts 2 of 2 Under Votes: 108 Over Votes: 0 YES 640 73:829/0 NO 227 26.18% HYPOLUXO - COUNCIL Completed Precincts 2 of 2 Under Votes: 74 Over Votes: 0 NPA - Devon Born 70 16.17% NPA - Michael C. Brown 1.21 27.94% NPA - Linda Boone Allen 67 15.47% NPA - Brad Doyle 90 20.79 %0 NPA - Christine Nagy 85 19.63% JUNO- SEAT ONE Completed Precincts 4 of 4 Under Votes: 0 Over Votes: 0 NPA - Jason Haselkorn 323 70.22% NPA - Joseph Rooney 137 29.78% JUPITER- FIRST DISTRICT Completed Precincts 29 of 29 Under Votes: 6 Over Votes: 0 NPA - Joe Charles 544 39.71% NPA - Todd: W.odraska 826 6029% LAKE PARK - MAYOR Completed Precincts 5 of 5 Under Votes: 0 Over Votes: 0 NPA -James DuBois. 214 58;9500 NPA - Steve Hockman 149 41.05% MANGONIA - SEAT 3 Completed Precincts Under Votes: Over Votes: NPA - Clarence R. McConnell NPA -- Edward Earl :S m.ith: MANGONIA - SEAT 4 1 of 1 10 0 86 48.04% 93 51.96% Completed Precincts 1 of 1 Under Votes: 0 Over Votes: 0 NPA - Ariyan Alipanah 18 9.52% NPA - Kelisi a Buchanan-Webb 90 47.62 % NPR - Addie L. Greene 81 42.86% OCEAN RIDGE - COMMISSIONER Completed Precincts Under Votes: Over Votes; NPA - James Bonfiglio NPA • Richard Lucibella NPA - Robert Wehr 1of1 126 0 296. 37.76% 388 49.49% 100 12.76% PB SHORES - MAYOR Completed Precincts 1 of 1 Under Votes: 5 Over Votes: 0 NPA - Tom Mills 244 49.90% NPA John M. Workman 245 50.10 % PS SHORES - COMMISSIONER Completed Precincts 1 of 1 Under Votes: 201 Over Votes: 0 NPA - John B. Maffett 244 31.00% NPA - Thomas R- Sullivan 276 35.07% NPA - Lisa A. Tro e e 267 33.93% PBSHORES QUESTION Completed Precincts 1 of 1 Under Votes: 15 Over Votes: 0 YES 167 34.86% NO 312 65.14 % Run Date /Time: 3112114 222:31 AM Page 2 of 3 PALM BEACH UNOFFICIAL RESULTS MUNICIPAL _2014_E Cumulative Totals March 11, 2014 PB GARDENS - GROUP 3 SOUTH BAY - GROUP ONE Completed Precincts 47 of 47 Completed Precincts 1 of 1 Under Votes: 79 Under Votes: 9 Over Votes: 3 Over Votes: 0 NPA - Eric Jablin 3,.618 51 08% NPA - .Esther 'E, Berry 9815 57.45% NPA - Michael J. Peragine a,465 48.92% NPA - Kina Green-Phillips 137 42.55% PB GARDENS - GROUP 5 Completed Precincts Under Votes: Over Votes: NPA - Robin Deaton NPA - Marcie Tinsley 47 of 47 498 4 i 3,022 45.35 %1 RIVERA QUESTION Completed Precincts 21 of 21 Under Votes: 7 Over Votes: 0 YES .2,652 73.24 % NO 969 26.76% ROYAL PALM - MAYOR Completed Precincts Under Votes: Over Votes: NPA - Laurei Bennett NPA - Matty Mattioli NPA - Felicia Matula NPA - Martha Webster 23 of 23 3 0 110 5.66% 723 37:17% 695 35.73% 417 21.44 %d SOUTH BAY - GROUP FIVE Completed Precincts Under Votes: Over Votes: NPA. - RL Thomas Jr . NPA - Virginia K. Walker NPA -John Wilson WELLINGTON - SEAT 2 Completed Precincts Under Votes: Over Votes: NPA - Anne :Gerwig NPA - Sharon Lascola WELLINGTON - SEAT 3 Completed Precincts Under Votes. Over Votes: NPA':- Howard K. Coates, Jr NPA - Matt Kurit 1of1 2 0 86 26:.14 %a 102 31,00% 29 of 29 46 2 2;559 62.67% 1,524 37.33% 29 of 29 51 0 21320 56:86% 1,760 43.14% Run Date/Time- 3112114 2:22 31 AM Page 3 of 3 RESOLUTION NO. 11 -14 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, WITH RESPECT TO THE RESULTS OF THE REFERENDUM OF THE QUALIFIED ELECTORS OF THE CITY HELD IN THE CITY OF DELRAY BEACH, FLORIDA, ON MARCH 11, 2014, ON THE THE CHARTER CHANGES PRESENTED IN ORDINANCE NO. 32 -13; CANVASSING THE RETURNS OF SAID REFERENDUM AND DECLARING AND CERTIFYING THE RESULTS THEREOF; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, (the "Commission "), by Resolution No. 59 -13, duly adopted on December 10, 2013; and Ordinance No. 32 -13, duly adopted on December 3, 2013 (the "Ordinance "), did propose to amend the Charter of the City, said Ordinance and Resolution having further provided and directed that notice of said Referendum is given by publication in accordance with state law, City Charter and City ordinance; and WHEREAS, due and regular notice of said Referendum has been published in the Palm Beach Post and El Latino Semanal Inc. newspapers of general circulation within the City and said publications having been made in English and in Spanish respectively, each once in the fifth week prior to the week in which the Referendum was held, at least 30 days prior to March 11, 2014 and in the third week and seven days prior to the date the Referendum was held, to wit March 11, 2014; and WHEREAS, the Supervisor of Elections of Palm Beach County has provided the Commission with the results of the Referendum for the purpose of canvassing the returns and declaring and certifying the results thereof; and WHEREAS, said Referendum has been duly and properly held in accordance with law and that a copy of the certificate certifying the results of the Referendum to the Florida Department of State (in substantially the form attached hereto as Exhibit "A "), has been delivered to this Commission for the purpose of declaring and certifying the results thereof; and WHEREAS, the official returns of said Referendum delivered to this Commission by the Supervisor of Elections reflect that the total numbers of votes cast in the Referendum by the qualified electors residing in the City APPROVE amending the Charter of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 1 Section 1. That the Commission at this meeting duly held, having received the results from the Supervisor of Elections, hereby canvasses the returns of said Referendum and determines, finds, declares and certifies the results thereof with respect to the Question as follows: QUESTION 1 CHARTER AMENDMENT — VOTING PROCEDURE CHANGE THE CHARTER CURRENTLY REQUIRES THREE CONCURRING VOTES TO TAKE ACTION ON AN ITEM. UNDER THE PROPOSED CHARTER AMENDMENT, THE AFFIRMATIVE VOTE OF THREE MEMBERS OF THE COMMISSION WOULD BE REQUIRED TO TAKE ACTION ON AN ITEM, EXCEPT IN THE EVENT THAT, BECAUSE OF A VACANCY OR REQUIRED VOTING ABSTENTION, THERE ARE LESS THAN THREE MEMBERS ELIGIBLE TO VOTE, IN WHICH CASE THE REMAINING MEMBER(S) MAY APPROVE THE ITEM BY UNANIMOUS VOTE. SHALL THE CHARTER AMENDMENT BE ADOPTED? (a) The total number of votes cast in such Referendum by said qualified electors residing in the City that voted "Yes" was 3,021. (b) The total number of votes cast in such Referendum by said qualified electors residing in the City that voted "No" was 2,417. (c) A majority of the votes cast in such Referendum by such qualified electors in the City APPROVE amending the Charter of the City to correct grammatical errors and clarify certain provisions. Section 2. That said Referendum was in all respects conducted in accordance with law, and that all steps in connection with and preceding such Referendum have been duly, regularly, lawfully taken and that the statutes and constitution of the State of Florida, the City Charter and City ordinances have been duly complied with in accordance with all their provisions. Section 3. That a true and correct copy of the certified results shall be filed by the Commission with the Florida Department of State in substantially the form attained hereto as Exhibit "A" (the "Certificate ") and that the Commission shall secure an affidavit of publication from the publishers of the Palm Beach Post, and El Latino Semanal Inc. attesting to the publications of the notice of the Referendum (the "Affidavit "). 2 RES. NO. 11 -14 Section 4. That said returns shall be entered and recorded in the minutes of the Commission; and this Resolution, the Affidavit and Certificate shall be recorded in the minutes of the Commission. Section 5. All resolutions or parts thereof in conflict or inconsistent herewith are hereby repealed insofar as any conflict or any inconsistencies exists. Section 6. That this Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED in special session on this 13`h day of March, 2014. ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA MAYOR 3 RES. NO. 11 -14 Exhibit "A" CERTIFICATE OF CITY CANVASSING BOARD CITY OF DELRAY BEACH, FLORIDA REFERENDUM MARCH 11, 2014 STATE OF FLORIDA PALM BEACH COUNTY Pursuant to the requirements of Section 100.351 of the Florida Statutes, we, the undersigned, Cary D. Glickstein, Mayor of the City of Delray Beach, Alson Jacquet, Vice - Mayor, Shelly Petrolia, Deputy Vice - Mayor, Adam Frankel, City Commissioner, and Angeleta E. Gray, City Commissioner do hereby certify that on the 13ffi day of March, A.D., 2014, we canvassed the votes as shown by the records on file in the Office of the Supervisor of Elections. WE do hereby certify from said returns as follows: That for the City of Delray Beach, Florida, Referendum, the whole number of votes cast was 5,438 votes of which number the City electors voted in the following manner in connection with the referendum listed below. QUESTION 1 Yes 3,021 No 2,417 Witness our hands and seal this the 13TH day of March, 2014. 4 RES. NO. 11 -14 Cary D. Glickstein, Mayor Alson Jacquet, Vice -Mayor Shelly Petrolia, Deputy Vice -Mayor Adam Frankel, City Commissioner Angeleta E. Gray, City Commissioner RES. NO. 11 -14