Professional Documents
Culture Documents
City of Homestead
Council Agenda Report
Item Number r
150J
2015
O9
Meeting
Special Call
Meeting Date
Department
City Clerk
Department Head
Elizabeth Sewell
Item Type
Resolution
Author
Elizabeth Sewell
Title
Requested Action
Approval of Resolution
on to adapt the attached Resolution calling a charter amendment special election for mail
t election on August 28 2015 pursuant to the Petition of Electors which was certified on
5 2015 by the County Supervisor of Elections as having the signature of 10 of the City
s
Recommendation
Exhibit Attachment
s
Exhibit Description
s 1
2
Memorandum
Blank Petition
110
Page 1 of 2
City of Homestead
Council Agenda Report
15031
Item Number
Finance Approval
Amount
00
720
70
Account Number
Current Balance
00
800
96
Account Name
Account Number
Amount
Current Balance
I
3 Account Name L
Account Number
Current Balance
Amount
PROCUREMENT SECTION
Received Date
Bids Solicited
Transaction Type
Received
Details
Procurement Amount
Procurement Notes
2015 Completed By
5
6
Completed Date
Jerry Estrada M
A
P
REVIEW APPROVALS
Fleet
Not Applicable
Risk
HR
Not Applicable
Initials
PMT
ITS
Not Applicable
Initials
JE
Legal Review
David Wolpin
Legal Date
2015
3
6
Director Authorization
Elizabeth Sewell
Director Date
2015
5
6
Item Status
20111
6
5
57 AM
Last Modified
Open
2015 15
5
6
01 PM
5
Page 2 of 2
To
From
Date
June 9 2015
Re
The Miami Dade County Charter requires that the City Council place the proposed City
Charter amendments before the electors of the City within 120 days for approval or rejection
The County Supervisor of Elections selected August 28 2015 and the mail ballot method
The Resolution meets the City Council obligation of presenting the proposed Charter
CAR 1503
Exhibit 1
A RESOLUTION
CITY
OF
HOMESTEAD
SPECIAL ELECTION
ON
FLORIDA
PROPOSED
OF THE
CALLING
AMENDMENTS
TO
CHARTER
SECTIONS
03
2
DISCRIMINATION
AND SECTION 8
05
NO
RESULTED FROM
THE PETITION
OF ELECTORS
FOR
BALLOT
ELECTION
City Charter
Section 7
01 and City Code Section 1017
c the City Council has received a petition the
Petition
Charter amendments
which Petition was certified on the 5 day of June 2015 by the Miami Dade County
Supervisor of Elections as having the requisite signature of 10
Section 6
03 of the MiamiDade County Charter the City Council is required to submit the
Charter amendments to the electors of the City for approval or rejection and
WHEREAS the Miami Dade County Supervisor of Elections Office has advised that
CAR 1503
Exhibit 2
the County election system is scheduled to undergo an election precinct boundary review and
revision process from June to September 2015 which will temporarily curtail its ability to
conduct elections but has arranged to set aside and approve Friday August 28 2015 as the
authorized date for the Charter amendment special election to be conducted by mail ballot as
Section 1 Recitals Adopted That each of the above stated recitals is hereby
Charter Amendments
Section 3
03 Prohibitions at subsection c
Election and Term of Office At each general municipal election three Council
Members shall be elected to a four year term of office The Mayor shall be elected
atlarge for a two year term of office
Residential Areas The City shall be divided into six residential areas individually
so as to establish
each is a Residential Area collectively Residential Areas
geographic area residency requirements for all parts of the City One Council
1 Proposed additions to existing City Charter text are shown by underlining proposed deletions from existing
City Charter text are shown by stcil
etheeagh
2
CAR 1503
Exhibit 2
meeting the residency requirement specified above qualifies to run for a particular
Seat a candidate living anywhere in the City may run for that Seat A contingent
candidate qualifying procedure shall be provided for such circumstance pursuant to
Ordinance adopted under Section 2
04 of the Charter The Residential Areas
corresponding to each Seat are formally set forth in Ordinance 2006 1050 as
amended from time to time the Area Description From time to time but at least
one year immediately preceding the first day upon which a notice of candidacy may
be filed for any upcoming Council general election the Area Description may be
revised by ordinance adopted by the affirmative vote of at least five 5 members of
the council Such ordinance may revise the boundaries of the six Residential Areas
but shall not increase or decrease the number of Residential Areas unless such
the City Annexed Property shall automatically and simultaneously be placed into
the contiguous Residential Area by operation of law and the Area Description
amended accordingly In the event that Annexed Property is contiguous to more than
one Residential Area the Council shall by ordinance determine within which
Residential Area the Annexed Property shall be placed
d
Terms limits Beginning with the terms served commencing in 2003 no person shall
serve more than twelve 12 consecutive years in the office of Council Member or
eight 8 consecutive years in the office of Mayor Service will be deemed
consecutive unless there is a twoyear period during which the individual does not
serve as Council Member or Mayor Break In Service
Any person serving the
maximum amount of years as Mayor must have a two year Break In Service before
serving as Council Member Any person serving the maximum amount of years as
Council Member must have a twoyear Break In Service before serving as Mayor
For the purposes of computing the years of service time served by a present Council
Member or the Mayer for any twoyear term of office why eemmeneed prier to
2OW shall not be counted No candidate may run for either the office of Mayor or
Council Member when if elected the person would exceed the limitations set forth
in this paragraph by any length of time taking into account the full regular term for
the office sought
See 3
03
Prohibitions
Appointments and removals Neither the Council nor any of its members shall in any
manner dictate the appointment or removal of any City employees whom the
Manager or any of hisher subordinates is empowered to appoint The Council may
express its views and fully and freely discuss with the Manager matters pertaining to
appointment and removal of such employees
CAR 1503
Exhibit 2
any such employee either publicly or privately It is the express intent of this
Charter that recommendations for improvement in City government operations by
individual Council Members be made solely to and through the Manager Council
Members may discuss with the Manager any matter of City business however no
individual Council Member shall instruct the Manager to act or refrain from acting
c
Holding other office No person shall hold any appointive City office or
employment while serving as a Council Member This shall not preclude Council
Members from serving on City boards in their exofficio capacity by virtue of their
Council office No former Council Member shall hold any compensated appointive
City office or employment until ene year three years after leaving Council office
Sec 8
05
No discrimination
The City shall not adopt any ordinance resolution measure or policy or otherwise
discriminate against any person due to race religion color national origin physical or mental
held on Friday the 28 day of August 2015 to present to the qualified electors of the City of
Homestead the ballot question provided in Section 4 of this Resolution
Section 4 Form of Ballot That the form of ballot for the Charter amendments
Exhibit 2
timely registered in accordance with law shall be entitled to vote The City Clerk is authorized
to obtain any necessary election administration services from the County Supervisor of
Elections
The County registration books shall remain open at the Office of the County
Supervisor of Elections until the date at which the registration books shall close in accordance
with the provisions of the general election laws The City Clerk and the County Supervisor of
Elections are each hereby authorized to take all appropriate action necessary to carry into
effect and accomplish the provisions of this Resolution
ADOPTED
HOMESTEAD
ELECTION
FLORIDA
HAS
BEEN
SPECIAL
CALLED
AND
CAR 1503
Exhibit 2
THE FOLLOWING
CHARTER AMENDMENT
the prohibition
on holding any
compensated appointed City office or employment
from one to three years after completion of Council
service and to adjust the calculation of
Councilmember term limits to not count previously
served two year terms of office
Shall the
adopted
foregoing
Charter
text
the
amendments
be
Yes
No
The
full
of
proposed
Charter
CITY CLERK
Section
Copies
Amendment are on file at the office of the City Clerk located at 650 N
E 22 Terrace
Homestead Florida 33033 and are available for public inspection during regular business
hours
CAR 1503
Exhibit 2
Section 8 Effectiveness
A
That the Charter amendments which are provided for in Section 2 above and
are presented by ballot summary in Section 4 above shall become effective only if the
majority of the qualified electors voting on the Charter amendments vote for its adoption and
it shall be considered adopted and effective immediately upon certification of election results
and shall be applicable from and after the date of the Charter amendment election which is set
forth above
B
That following the adoption of the Charter amendments the City Clerk shall file
the adopted Charter amendments with the Clerk of the Circuit Court of MiamiDade County
Florida
Section 9
above it is the intent of the City Council and it is hereby provided that the Charter
amendments shall become and be made a part of the Charter of the City of Homestead
Florida and that the sections of this Resolution may be renumbered or re lettered to
accomplish such intention
Section 10 Severability That the provisions of the Charter amendments set forth
above are severable
invalid by any court of competent jurisdiction the remaining provisions shall continue to be
effective to the fullest extent possible
Section 11
Effective
Date
That
this
Resolution
shall
become
effective
CAR 1503
Exhibit 2
JEFF PORTER
Mayor
ATTEST
City Clerk
BIERMAN P
L
City Attorney
Motion to adopt by
seconded by
CAR 1503
Exhibit 2
Penelope Townsley
Date
2015
5
6
Time
05 AM
11
Petition Id
Supervisor of Elections
Date Petition
Petition
Number
Opened
CM01
CYD
Sigs
Unchecked
Claimed
checked
Signatures
Signatures
Required
13
Valid
Sigs
02March 2015
Rejected
Sigs
including
582
Duplicate
Sigs
Duplicates
Batch
315
1
315
1
047
1
268
28
Batch
448
448
288
160
13
346
346
236
130
12
86
15
Batch
Batch
374
374
288
Batch
65
65
49
16
Batch
597
597
342
255
53
Batch
67
67
53
14
Batch
65
65
49
16
277
3
277
3
352
2
925
132
277
3
277
3
25
9
132
Grand Total
Congressional District
Batch
Number
26
Total
27
835
212
047
1
190
98
288
194
42
236
210
78
288
24
25
49
242
100
342
49
53
26
23
49
770
1
582
352
2
Total
CAR
1503
Exhibit 3
WE THE UNDERSIGNED registered voters of the City of Homestead Florida do hereby present this petition to
amend the City Charter of the City of Homestead and request that the following charter amendment question and
corresponding charter text amendment located on the reverse side of this page be submitted to the registered
It is proposed that the City Charter be amended to insure the City not discriminate based on honorable veteran
discharge status or U
S Military status to increase the prohibition on holding any compensated appointed City office
or employment from one to three years after completion
of Council service and to adjust the calculation of
Councilmember term limits to not count previously served two year terms of office
Yes
No
Residence Address
DirecciSn de so domicilio
Print Name
Andres kay
DateFecha
Dat
Signature
Firma
Siyati
STATEMENT OF CIRCULATOR
I print name
am the circulator of the forgoing document containing one petition signature obtained on
the date of
I personally circulated this petition witnessed this signature as it was being written and to the
best of my belief and information the signature is the genuine signature ofthe person whose name it purports to be and
that the signor had an opportunity to read the full text of the proposed charter amendment 1 certify to the truthfulness
and the correctness of this statement as set forth herein under the penalty ofperjury under the laws ofthe State ofFlorida
on this date
and at this notary location
Signature of Circulator
STATEMENT OF NOTARY
Exhibit 4
Sec 2
03
Election and Term of Office At each general municipal election three Council Members shall be elected to a four year tern of office The
Mayor shall be elected atlarge for a two year term of office
Council Member shall be elected to each Seat At the time of qualification each candidate for Council shall designate the specific
numbered Seat for which she is running
Residential Areas The City shall be divided into six residential areas individually each is a Residential Area collectively Residential
Areas so as to establish geographic area residency requirements for all parts of the City One Council Member shall be elected to a Seat
from each Residential Area If no candidate meeting the residency requirement specified above qualifies to run for a particular Seat a
candidate living anywhere in the City may run for that Seat A contingent candidate qualifying procedure shall be provided for such
circumstance pursuant to Ordinance adopted under Section 2
04 of the Charter The Residential Areas corresponding to each Seat are
formally set forth in Ordinance 2006 1050 as amended from time to time the Area Description From time to time but at least one year
immediately preceding the first day upon which a notice of candidacy may be filed for any upcoming Council general election the Area
Description may be revised by ordinance adopted by the affirmative vote of at least five 5 members of the council Such ordinance may
revise the boundaries of the six Residential Areas but shall not increase or decrease the number of Residential Areas unless such increase
or decrease in the number of Residential Areas is approved or ratified by an adopted Charter amendment Notwithstanding the foregoing
property annexed into the City Annexed Property shall automatically and simultaneously be placed into the contiguous Residential Area
by operation of law and the Area Description amended accordingly In the event that Annexed Property is contiguous to more than one
Residential Area the Council shall by ordinance determine within which Residential Area the Annexed Property shall be placed
Terms limits Beginning with the terms served commencing in 2003 no person shall serve more than twelve 12 consecutive yews in the
office of Council Member or eight 8 consecutive years in the office of Mayor Service will be deemed consecutive unless there is a two
year period during which the individual does not serve as Council Member or Mayor Break In Service Any person serving the
maximum amount of years as Mayor must have a two year Break In Service before serving as Council Member Any person serving the
maximum amount of years as Council Member must have a two
year Break In Service before serving as Mayor For the purposes of
computing the years of service time served by a present Council Member eFthe May for any twoyear term of office Whieh eammeneed
prieeto 2004 shall not be counted No candidate may run for either the office of Mayor or Council Member when if elected the person
would exceed the limitations set forth in this paragraph by any length of time taking into account the full regular term for the office sought
Il
Sec 3
03
Prohibitions
Appointments and removals Neither the Council nor any of its members shall in any manner dictate the appointment or
removal of any City employees whom the Manager or any of hisher subordinates is empowered to appoint The Council
may express its views and fully and freely discuss with the Manager matters pertaining to appointment and removal of such
employees
Interference with administration Except for the purpose of inquiries and investigations made in good faith the Council or its
members shall deal with City employees who are subject to the direction and supervision of the Manager solely through the
Manager and neither the Council nor its members shall give orders to any such employee either publicly or privately It is
the express intent ofthis Charter that recommendations for improvement in City government operations by individual
Council Members be made solely to and through the Manager Council Members may discuss with the Manager any matter
of City business however no individual Council Member shall instruct the Manager to act or refrain from acting
Holding other office No person shall hold any appointive City office or employment while serving as a Council Member
This shall not preclude Council Members from serving on City boards in their exofficio capacity by virtue of their Council
office No former Council Member shall hold any compensated appointive City office or employment until ane yeae three
years after leaving Council office
III
Sec 8
05
No discrimination
The City shall not adopt any ordinance resolution measure or policy or otherwise discriminate against any person due to race religion color
national origin physical or mental disability creed honorably discharged veteran status U
S Military status or gender
IV
Severabillty Intended The provisions of the charter amendments set forth above are severable and if any clause sentence paragraph
or section thereof is adjudged invalid by any court ofcompetent jurisdiction the remaining provisions shall continue to be effective to
the fullest extent possible
CAR 1503
Exhibit 4
May 6 2015
Rosy Pastrana
MiamiDade Elections Department
2700 NW 87 Avenue
V
0
5
Miami FL 33172
RE
Jeff Porter
Mayor
Stephen R Shelley
Vice Mayor
Dear Ms Pastrana
Jon Burgess
Councilman
Patricia Fairclough
Councilwoman
Elvis R Maldonado
Councilman
Judy Waldman
Councilwoman
George Gretsas
City Manager
Enclosed are the original petition forms for the above described Petition of
electors This Petition was presented by Mark Goodrich for Moving Forward a
registered political committee which he serves on behalf of electors seeking to
amend the Charter of the City of Homestead Florida The City Charter under
Section 7
01 and City Code Section 1017 c provide for charter amendment
petitions such as this one to be processed pursuant to Miami Dade County
Charter Section 6
03 which is the controlling provision and requires the
verification of ten 10
percent of the valid signatures of City electors in order
for the Petition to be sufficient Please verify signatures in accordance with City
Charter Section 7
01 City Code Section 1017 c and Miami Dade County
Charter Section 6
03 We believe that you would follow the same process which
you used for the 2013 charter amendment petition conducted for the municipality
of Bal Harbour Village which likewise was controlled by Miami Dade County
Charter Section 6
03 and Sec 99
097 F
S
Please contact Mr Goodrich at 305 2444393 for the payment of any applicable
fees for the signature verification process
Please return the original Petition forms to us along with a certificate certifying
650 N
E 22 Terrace
Suite 100
Homestead FL 33033
3052244400
the number of valid signatures The number of valid signatures required is ten
percent of the registered voters in the City of Homestead Currently there are
430 registered voters therefore ten percent would be 2
23
343 signatures
Thank you for your assistance
com
cityofhomestead
www
Sincerely
Eliza
th Sewell MMC
City Clerk
City of Homestead Florida
CAR 1503
Exhibit 5
ESTIMATE
City of Homestead Special Election MailBallot
Elizabeth Sewell CMC
Estimate N
HO MB2015
City of Homestead
Estimate Date
June 5 2015
Homestead FL 33030
Registered Voters
597
26
Precincts
Polling Places
24
12
Personnel
999
2
18
Polling Places
Security Polling Place Rentals
617
8
43
20
958
17
40
916
31
Postage
Absentee Ballots Temporary Polling Place Change Notices Letters
Ballot Creation
800
2
00
Administrative Overhead
429
6
12
Please note these costs are estimates and are subject to change This estimate
does include the cost of ballot printing however if your questions
s
1race
creates an additional ballot nave the cost will be adjusted accordingly
CAR 1503
Exhibit 6