City Council - OrdinanceWatch™ · 2015-07-14 · Elizabeth Sewell MPA MMC City Clerk Weiss Serota Helfman Cole Bierman PLCity Attorney Wednesday July 15 2015 Immediately Following

CITY OF HOMESTEAD

COUNCIL MEETING

City Council

Jeff Porter MayorStephen Shelley Vice Mayor

Jon Burgess Councilman

Patricia Fairclough CouncilwomanElvis Maldonado Councilman

Judy Waldman CouncilwomanJimmie L Williams III Councilman

George Gretsas City ManagerElizabeth Sewell MPA MMC City Clerk

Weiss Serota Helfman Cole Bierman PL City Attorney

Wednesday July 15 2015

Immediately Following the

Council Presentation Ceremony @ 545 PM

CITY OF HOMESTEAD

l CITY COUNCIL MEETING

AMENDED AGENDA

PLEASE TURN OFF ALL ELECTRONIC DEVICES PRIOR TO ENTERING COUNCIL CHAMBERS

WEDNESDAY JULY 15 2015IMMEDIATELY FOLLOWING THE

COUNCIL PRESENTATION CEREMONY @ 545 PM

WILLIAM F BILL DICKINSON COMMUNITY CENTER

1601 N KROME AVENUE HOMESTEAD FL 33030

DECORUM POLICY

Any person making impertinent or slanderous remarks or who becomes boisterous whileaddressing the council shall be barred from further audience before the council by theMayor unless permission to continue or again address the council be granted by themajority vote of the council members present No clapping applauding heckling or verbaloutbursts in support or opposition to a speaker or his or her remarks shall be permittedNo signs or placards which may harm or obstruct the view of others shall be allowed in thecouncil chambers Persons exiting the council chambers shall do so quietly

1 CALL TO ORDERINVOCATIONPLEDGE OF ALLEGIANCE

a INVOCATION BY PASTOR LARRY HOBBS PASTOR OF VICTORY BAPTIST CHURCH

b PLEDGE OF ALLEGIANCE POLICE EXPLORERS COUNCILMAN ELVIS MALDONADO

2 ROLL CALL

3 PUBLIC COMMENTS

4 ADDITIONS DELETIONS DEFERRALS

5 CONSENT AGENDA

JUNE 17 2015 COUNCIL PRESENTATION CEREMONY MINUTES

JUNE 17 2015 COUNCIL MINUTES

II ITEMS FROM THE JULY 7 2015 COMMITTEE OF THE WHOLE

L CAR 1450 REMOVAL REPLACEMENT OF RAPID INFILTRATION TRENCH 1 CI 454ITB 201520

II CAR 1507 TROJAN TECHNOLOGIES SOLE SOURCE VENDOR FOR UV DISINFECTION AT

WASTEWATER TREATMENT FACILITY

III CAR 1509 CONTRACT AGREEMENT WITH SOUTHERN CORROSION INC FOR WATER TANK

MAINTENANCE SERVICE

Iii ITEMS FROM THE JULY 7 2015 FINANCE COMMITTEE

I CAR 1519 ADOPTION OF PROPOSED OPERATING MILLAGE RATE DEBT MILLAGE RATE

IV ITEMS FROM THE JULY 7 2015 PARKS RECREATION COMMITTEEL CAR 1510 BID 201515 MAYOR ROSCOE WARREN PARK PEDESTRIAN TRIAL

II CAR 1520 20152016 CULTURAL FACILITIES PROGRAM AGREEMENT

III CAR 1528 REQUEST FOR WAIVER OF USAGE FEES FOR THE US HOUSE OF REPRESENTATIVES

COMMITTEE ON NATURAL RESOURCES

V ITEMS FROM THE JULY 7 2015 UTILITIES COMMITTEE

L CAR 1495 DOWNES ASSOCIATES PROFESSIONAL SERVICES

II CAR 1511 PURCHASE OF A REPLACEMENT GROUNDING GRID SYSTEM FOR IVEY ELECTRICAL

SUBSTATION

6 PUBLIC HEARINGS ORDINANCES LAND USE ITEMS ETC

a QUASIJ UDICIAL PUBLIC HEARINGS PLEASE BE ADVISED THAT THE FOLLOWING ITEMS ON THE AGENDA ARE

QUASIJUDICIAL IN NATURE IF YOU WISH TO COMMENT UPON ANY OF THESE ITEMS PLEASE INDICATE THE ITEM

NUMBER YOU WOULD LIKE TO ADDRESS WHEN THE ANNOUNCEMENT REGARDING THE QUASIJUDICIAL ITEM IS MADE

AN OPPORTUNITY FOR PERSONS TO SPEAK ON EACH ITEM WILL BE MADE AVAILABLE AFTER THE APPLICANT AND STAFF

HAVE MADE THEIR PRESENTATIONS ON EACH ITEM

SWEARING IN ALL TESTIMONY INCLUDING PUBLIC TESTIMONY AND EVIDENCE WILL BE MADE UNDER OATH OR

AFFIRMATION ADDITIONALLY EACH PERSON WHO GIVES TESTIMONY MAY BE SUBJECT TO CROSS EXAMINATION IF

YOU DO NOT W ISH TO BE EITHER CROSS EXAMINED OR SWORN YOUR TESTIMONY WILL BE GIVEN ITS DUE WEIGHT THE

GENERAL PUBLIC WILL NOT BE PERMITTED TO CROSS EXAMINE WITNESSES BUTTHE PUBLIC MAY REQUESTTHE COUNCIL

TO ASK QUESTIONS OF STAFF OR WITNESSES ON THEIR BEHALF THE FULL AGENDA PACKET ON EACH ITEM IS HEREBY

ENTERED INTO THE RECORD PERSONS REPRESENTING ORGANIZATIONS MUST PRESENT EVIDENCE OFTHEIRAUTHORITY

TO SPEAK FOR THE ORGANIZATION FURTHER DETAILS OF THE QUASI JUDICIAL PROCEDURES MAYBE OBTAINED FROM

THECLERK IN ACCORDANCE WITH CODE SECTION 2591 ANY LOBBYISTS MUST REGISTER BEFORE ADDRESSING THECOUNCIL ON ANY OF THE FOLLOWING ITEMS AT THIS TIME COUNCILMEMBERS MUST DISCLOSE ANY EXPARTECOMMUNICATIONS CONCERNING ANY ITEMS ON THE AGENDA

ATTHIS TIME THE CLERK WILL SWEAR IN ANY PERSONSWHO WISHES TO TESTIFY ON ANY QUASI JUDICIAL ITEM

FIRST READING

CAR 1527 PH 201518 AMENDMENT TO CRYSTAL LAKES PLANNED UNIT

DEVELOPMENT PUD MASTER PLANAN ORDINANCE OF THE CITY OF HOMESTEAD FLORIDA APPROVING AN AMENDMENT

TO THE PREVIOUSLY APPROVED CRYSTAL LAKES PLANNED UNIT DEVELOPMENT PUDMASTER DEVELOPMENT PLAN TO PERMIT ALL RETAIL COMMERCIAL ZONING DISTRICT

B1 PERMITTED USES ON AN APPROXIMATELY1069 ACRE PARCEL LOCATED WITHINTHE CRYSTAL LAKES PUD LOCATED ATTHE INTERSECTION OF SW 312T STEET CAMPBELLDRIVE AND SW 147TH AVENUE AS LEGALLY DESCRIBED IN EXHIBITAAND PROVIDINGFOR AN EFFECTIVE

HOMESTEAD CITY COUNCIL AGENDA

PAGE 2

JULY 15 2015

CAR 1525 PH 201536 VACATE RIGHTOFWAY ROW ALLEY mRESOLUTION OF THE CITY OF HOMESTEAD FLORIDA APPROVING THE VACATION OF

PUBLIC RIGHTOFWAY ROW ALLEY GENERALLY LOCATED SOUTH OF SW 2NSTREETNORTH OF SW 4TH STREET EAST OF SW 5TH AVENUE AND WEST OF SW 4TH AVENUERESERVING TO THE CITY ALL RIGHTS OVER ANY NEEDED PUBLIC UTILITY EASEMENTS AS

LEGALLY DESCRIBED IN EXHIBIT Af AND PROVIDING FOR AN EFFECTIVE DATE

CAR 1526 PH 201521 AMENDMENT TO A PREVIOUSLY APPROVED SPECIAL EXCEPTION ImFORJOESJUNKYARD

A RESOLUTION OF THE CITY OF HOMESTEAD FLORIDA APPROVING AN AMENDMENTTO A PREVIOUSLY APPROVED SPECIAL EXCEPTION REQUESTED BY JOES JUNKYARD

INC TO PERMIT THE STORAGE AND HANDLING OF INCIDENTAL PETROLEUM LIQUIDPRODUCTS IN CONJUNCTION WITH A RECYCLING AND TRANSFER FACILITY LOCATED AT

151 SW 12TH AVENUE AS LEGALLY DESCRIBED IN EXHIBIT A AND PROVIDING FOR ANEFFECTIVE DATE

IV CAR 1529 PH 201537 FINAL RE PLAT FOR BAYWINDS PLANNED UNIT DEVELOPMENT

PUD POD CA RESOLUTION OF THE CITY OF HOMESTEAD FLORIDA GRANTING FINAL REPLATAPPROVAL OF A 140 UNIT SINGLE FAMILY RESIDENTIAL SUBDIVISION FOR BAYWINDS

PLANNED UNIT DEVELOPMENT RESIDENTIAL POD C WITHIN THE BAYWINDS PUD

MASTER DEVELOPMENT PLAN LOCATED ON THE NORTHWEST CORNER OF SW 328TH

STREET NORTH CANAL DRIVE AND SW 142ND AVENUE AS LEGALLY DESCRIBED INEXHIBIT A CONSISTING OF APPROXIMATELY 2387ACRES AND PROVIDING FOR ANEFFECTIVE DATE

7 LEGISLATIVE MATTERS

a ORDINANCES

b MOTIONS

L CAR1530 ITB201512 SW328T STREET PUMP STATION EEm

II CAR 1533 POWER SUPPLY AGREEMENT WITH FLORIDA POWER LIGHT FPL

III CAR 1535 REQUEST FOR WAIVER OF USAGE FEES FOR CAREERSOURCE SOUTH FLORIDA MMm

Q

CAR 1498 PURCHASE OF 2 UTILITY BUCKET TRUCKS mA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOMESTEAD FLORIDA

AUTHORIZING THE PURCHASE OF TWO ALTEC AT40M BUCKET TRUCKS FOR THE CITY

OF HOMESTEAD ELECTRIC UTILITY DEPARTMENT RECOGNIZING APPLICABLE


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JULY 35 2015

EXEMPTION FROM ENGAGING IN COMPETITIVE BIDDING PURSUANT TO CITY CODE

SECTION 24111A5EXEMPTIONS FROM COMPETITIVE BIDDING PROVIDING FORAN EFFECTIVE DATE

CAR 1513 CDBG 20152016 ANNUAL ACTION PLAN mA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOMESTEAD FLORIDA

ADOPTING AND AUTHORIZING THE SUBMISSION OF THE FY 20152016 COMMUNITYDEVELOPMENT BLOCK GRANT ACTION PLAN TO THE UNITED STATES DEPARTMENT OF

HOUSING AND URBAN DEVELOPMENT FOR APPROVAL ESTABLISHING A BUDGET FORCOMMUNITY DEVELOPMENT BLOCK GRANT FUNDS PROVIDING FOR

IMPLEMENTATION PROVIDING FOR AN EFFECTIVE DATE

CAR 1523 ENTER INTO A GUARANTEED MAX PRICE GMP AMENDMENT AGREEMENTAND ISSUE NOTICE TO PROCEED

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOMESTEAD FLORIDAAPPROVING A GUARANTEED MAXIMUM PRICE FORTHE CONSTRUCTION OFTHE NEW

POLICE STATION AUTHORIZING THE CITY MANAGER TO PREPARE AND EXECUTE A

GUARANTEED MAXIMUM PRICE AMENDMENTTOTHE CONSTRUCTION MANAGERAT

RISK CONTRACT WITH MUNILLA CONSTRUCTION MANAGEMENT INC PROVIDING

FOR IMPLEMENTATION PROVIDING FOR AN EFFECTIVE DATE

IV CAR 1536 ICONICATTRACTION NONBINDING LETTER OF INTENT

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOMESTEAD FLORIDAAPPROVING THETERMS OFA NON BINDING LETTEROF INTENT BETWEENTHE CITYAND

LEISURE AND RECREATION CONCEPTS INC TO DEVELOP FINANCE CONSTRUCT

MANAGE AND OPERATE A TOWER ATTRACTION AND PARKING GARAGE AUTHORIZING

THE CITY MANAGER TO EXECUTE THE NON BINDING LETTER OF INTENT PROVIDING

FOR IMPLEMENTATION PROVIDING FOR AN EFFECTIVE DATE

9 BUSINESS FROM THE CITY MANAGER

a WEEKLY REPORTS

10 CITY ATTORNEYSREPORT

11 REPORTS OF MAYOR AND COUNCIL

a COUNCILMAN MALDONADO

b COUNCILMAN BURGESS

c COUNCILWOMAN WALDMAN

d COUNCILWOMAN FAIRCLOUGH

e COUNCILMAN WILLIAMS


PAGE

JULY 15 2015

o VICE MAYOR SHELLEY

g MAYOR PORTER

12 ADJOURNMENT

THIS MEETING IS OPEN TO THE PUBLIC IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990 ALL PERSONS WHO ARE DISABLED AND WHO NEED

SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS MEETING BECAUSE OFTHAT DISABILITY SHOULD CONTACTTHE OFFICE OFTHE CITY CLERK 3052244440 NO

LATER THAN TWO DAYS PRIOR TO SUCH PROCEEDING

ANYONE WISHING TO APPEAL ANY DECISION MADE BY THE CITY OF HOMESTEAD CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED ATSUCH MEETING OR

HEARING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE 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

AGENDA ITEMS MAYBE VIEWED ATTHE OFFICE OF THE CITY CLERK CITY OF HOM ESTEAD 650 N E 22 TERRACE HOMESTEAD FL 33033 ANYONE WISHINGTO OBTAIN A COPY OF ANY AGENDA ITEM SHOULD CONTACT THE CITY CLERK AT 3052244440

IN ACCORDANCE WITH CODE SECTION 2591 ANY LOBBYISTS MUST REGISTER WITH THE CITY CLERKS OFFICE BEFORE ADDRESSING THE COU NCI LON ANY OF THE

ABOVE ITEMS

TWO OR MORE MEMBERS OF THE CITY COUNCIL AND OTHER CITY BOARDS MAY BE IN ATTENDANCE AT ANY MEETING LISTED

THESE MEETINGS MAY BE CONDUCTED BY MEANS OF OR IN CONJUNCTION WITH COMMUNICATIONS MEDIA TECHNOLOGY SPECIFICALLY ATELEPHONE CONFERENCE

CALL THE LOCATION 1601 N KROME AVENUE HOMESTEAD FL 33030 WHICH IS OPEN TO THE PUBLIC SHALL SERVE AS AN ACCESS POINT


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JULY152015

Tab 1a

COUNCIL PRESENTATION CEREMONY

CITY COUNCIL CITY OF HOMESTEADMINUTES

WEDNESDAY JUNE 17 2015 AT500 PMWILLIAM F 13I2 DICKINSON COMMUNITY CENTER


1 CALLTO ORDER

The meeting was called to order by Mayor Porter at 510pm

2 CALLTO ORDER

Mayor and Council Present Mayor Jeff Porter Vice Mayor Stephen Shelleyand Councilman Elvis Maldonado

3

Presentation to Homestead Police Explorers Mayor Porter

Captain Marie Kent recognized the City of Homestead Police Explorers and the command staff Sheprovided the background and specifics of the program She explained that the goal of the program is tomake the explorers into productive citizens She stated each year they compete in the learning for lifesoutheast regional competition and the explorers were exceptional and they placed first in the overall inprogress call scenario The explorers are competing against twentytwo other explorer post with over 250explorers in attendance She reported Homestead explorers participate and volunteer for many events inHomestead this year from January to June the explorers have participated in approximately twentyeightevents She thanked Chief Rolle the command staff Officer Robbie Tate Alisha Wiggins and program

volunteer Flor Arzuaga for their leadership Certificates of recognition were presented to the followingHomestead explorers for all of their hard work Homestead Explorer Chief Darlene Arocho ExplorerMajor Ruben Martinez Explorer Captain Krister Martinez Homestead Explorer Sergeant David Miller andExplorer Charisma Jackson

Officer Tate also presented certificates to Deputy Chief Jennifer Rivera Major Gabriela Franqui Lt RobertTate Sgt Tania Moron Sgt Omar Narvaez Explorer Arilynne Contreras Explorer Amanda Disel ExplorerDominique Farrell Explorer Alex Garcia Explorer Abraham Gaytan Explorer Brandon Hernandez ExplorerRene Lorenzo Explorer Matthew Mosqueda Explorer Katherine Perez Explorer Ashley Polanco ExplorerJeylin Rivera Explorer Ivan Rodriguez Explorer Anthony Salinas and Explorer Claudia Verdecia

Captain Marie Kent thanked all of the explorers and congratulated the graduating seniors

Councilman Maldonado arrived at 524pm

Recognition of Officers of the Month Mayor Porter

Major Scott Kennedy presented Officer of the Month certificates to Officer Howard Diener and OfficerDouglas Anderson He reported that on April 24 2015 while on patrol the two officers were dispatchedto an area in the northwest section of the City of Homestead in response to a female screaming for helpOn arriving in the area the officers discovered a female victim that had been sexually batteredSubsequent to the information received during their investigation the officers located and apprehendedthe subject He commended the officers for doing an exceptional job He stated the two officers werebeing honored and he congratulated them for their efforts He asked Officer Doug Andersonswife andson to the come to the podium He presented Officer Howard Diener and Officer Douglas Anderson withplaques for being Officer of the Month for April 2015 He thanked them for a job well done

Mayor Porter thanked the City of Homestead police officers and Homestead Air Reserve Base militarypersonnel for the job they do for this community

Officer Diener thanked the Police Chief Major Kennedy the Command Staff Lt DeJohn Sgt Smith the

Mayor and Council and the citizens of the City of Homestead for their support

Officer Anderson thanked the Police Department Chief and the Command Staff for giving him the

opportunity to serve and for providing the officers with the necessary equipment to do their jobssuccessfully He also thanked the Mayor and Council for the recognition

Presentation of American Flag to Homestead Police by Col Davis Vice Mayor Shelley

Vice Mayor Shelley invited Colonel Davis to the podium for a special presentation to the City ofHomestead Police Department

Colonel Davis was accompanied by his wife Jessica and daughter Samantha to make a presentation totheCity of Homestead Police Department He thanked the Homestead Police Department for their work Hestated he was proud to live in Homestead and presented a plaque to the Police Department

Chief Rolle thanked his command staff and the department for the work they do and for their supportHe also thanked Colonel Davis for the American Flag plaque

Recognition of 2015 Military Appreciation Day Committee Vice Mayor Shelley

Vice Mayor Shelley stated he had the honor of recognizing the committee that planned the most recentMilitary Appreciation Day event He reported that the Military Appreciation Day event on May 30 2015was a huge success In appreciation he presented Certificate of Appreciation to Timothy NortonCarlos Batista from Value Place who sponsored1200 grand prize Dale Machesic from the South DadeNews Leader who designed and created the trophy for the winning team Ron Mongole who coordinatedthe displays and erecting tents Chris Huss Deputy Director William Avery Lt Colonel Kim McDonald LtColonel David Lionberger CW5 Brian F Masterson Colonel Elwin Rozyskie Jr LCDR Jason Ingram RosaBrito from South Dade Chamber of Commerce Yvonne Knowles from Homestead Main Street Steve

HOMESTEAD CITY COUNCIL PRESENTATON MINUTES

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JUNE172015

Alexander Scott Gentle Major David Martinez and Brigadier General Kurt Soontag He alsoacknowledged and congratulated the winning team

4 ADJOURNMENT

The meeting was adjourned by Mayor Porter at 546pm

Respectfully submitted

Elizabeth Sewell MPA MMC

City Clerk

Jeff Porter Mayor

HOMESTEAD CITY COUNCIL PRESENTATON MINUTES

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JUNE172015

Tab 1 b

CITY OF HOMESTEAD

CITY COUNCIL MEETING

MINUTES

WEDNESDAY JUNE 17 2015

IMMEDIATELY FOLLOWING THE CRA MEETING @ 545 PMWILLIAM F BILL DICKINSON COMMUNITY CENTER


1 CALL TO ORDERINVOCATION PLEDGE OF ALLEGIANCE

Mayor Porter called the meeting to order at 612 pm

a The invocation was led by Pastor Russell Black of New Thing Fellowship Church

b The Pledge of Allegiance was led by Mayor Porter and the Police Explorers

2 ROLLCALL

Mayor and Council present Mayor Jeff Porter Vice Mayor Stephen Shelley Councilwoman PatriciaFairclough Councilman Jimmie L Williams III Councilwoman Judy Waldman and Councilman ElvisMaldonado Councilman Jon Burgess participated via teleconference

3 PUBLIC COMMENTS

Mr Richard Medlock residing at 14305 SW 222 Street stated he was representing the Public ArtCommittee He extended an invitation for the City Council to attend the next Public Art Committee

meeting on July 2 2015 at630pm at the Community Center He explained that they were in the processof finalizing their Master Plan and would like input from the Council

Mr David Goodwin residing at 829 SW 7th Street explained he needed further assistance with a CodeCompliance issue City Manager Gretsas stated his office would reach out to Mr Goodwin to meet withhim at his convenience Councilman Williams stated he would like to take the lead and would meet with

Mr Goodwin to help mitigate the issue

Councilman Burgess joined the meeting by teleconference at 620 pm

Ms Lynette Pope residing at 145 NW 3rd Street explained that although she had reached out to staff andthe Council she was concerned things were getting worse on the northwest side of town In particularshe stated more police patrol officers were needed and the streets were a mess She asked that thenorthwest side of town get the same respect as other areas of the City

Assistant City Manager McCaffrey stated she had followed up with the Police Department and CodeCompliance as well as visited the area She noted Code Compliance took pictures before and after thechurch free feedings adding the site was visited on two subsequent Saturdays and notraffic problem wasobserved or garbage left behind

Ms Lynette Pope explained she has picked up the trash left behind by the church after feeding thehomeless every Saturday She also commended Officer Rodriguez for his assistance in her community

Councilman Williams noted the area was in his district and he was not aware of the problem He stated hewould meet with staff and Ms Pope to address the issue

In response to Councilman Williams City Attorney Weiss stated he would research what ordinances maybe in place and if it was determined there were none his office would draft it and bring it back for Councilconsideration

Councilman Maldonado noted there was a similar situation next to the United Methodist Church and

asked that staff look into that area as well

Mr James McDonough residing at 32320 SW 199 Avenue stated in response to his Public RecordsRequest related to the deletion of his comments from the City Facebook pages he was advised there wasno destruction log as the comments were not deleted He stated that he had evidence that was false

11

a SWEARINGIN OF POLICE OFFICERS

Captain Marie Kent introduced two new reserve police officers Adrian Rodriguez and Tammie WilliamsWitter who were sworn in by City Clerk Sewell

Captain Kent also introduced six new officers who were recently hired to protect and serve thecommunity The names of the officers are Ryan Khawly Lance Monaco Natalie Viton Lexus GuerreroSchelisa Gilpin Braithwait and Raul Rodriguez She noted the officers were previously members of thereserve officer pool

Chief Rolle thanked the Mayor and Council for allowing them to hire the additional officers

5 ADDITIONS DELETIONS DEFERRALS

At the request of Councilman Burgess it was the consensus of the Council to move up CAR 1503Charter Amendment Petition Special Election as the next agenda item

I CAR 1503 CHARTER AMENDMENT PETITION SPECIAL ELECTION

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOMESTEAD FLORIDA

CALLING A SPECIAL ELECTION ON PROPOSED AMENDMENTS TO THE CITY CHARTER

PURSUANT TO CHARTER AMENDMENT PETITION OF ELECTORS PROPOSING

AMENDMENT TO CHARTER SECTIONS203 ELECTION TERM OF OFFICE SEATS AND

TERM LIMITS AT SUBSECTION D TERM LIMITS SECTION303 PROHIBITIONS ATSUBSECTION C HOLDING OTHER OFFICE AND SECTION 805 NO

DISCRIMINATION TO BE HELD ON THE 27 DAY OF AUGUST 2015 PROVIDING FORSUBMISSION TO THE ELECTORS FOR APPROVAL OR DISAPPROVAL OF THE PROPOSED

CHARTER AMENDMENTS WHICH RESULTED FROM THE PETITION OF ELECTORS

HOMESTEAD CITY COUNCIL MINUTES

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JUNE 17 2015

PROVIDING FOR REQUISITE BALLOT LANGUAGE PROVIDING FOR MAIL BALLOT

ELECTION PROVIDING FOR NOTICE PROVIDING FOR RELATED MATTERS PROVIDING

FOR SEVERABILITY PROVIDING FOR EFFECTIVE DATE

City Attorney Weiss read the Resolution title above into the public record

A Motion was made by Councilwoman Fairclough and seconded by Councilman Maldonado to approveCAR 1503 Charter Amendment Petition Special Election for discussion

Councilwoman Waldman stated the City Attorney had advised her she was allowed to vote on the agendaitem

City Attorney Weiss stated his office had consulted with the State Commission on Ethics and determinedthat Councilwoman Waldman did not have a voting conflict on the agenda item

Mayor Porter asked City Attorney Weiss to brief the Council and the public on what the role of the Councilwas in relation to the Resolution

City Attorney Weiss stated the Resolution was on the agenda pursuant to the provisions of the City Charteradding a petition was filed by residents of the City He explained that under the County Charter once 10of the registered voters signed the petition as certified by the Dade County Supervisor of Elections itcomes to the City and then the City Council has a limited role He explained that the Councilsrole was toset a date for an election which was the only purpose of the Resolution He stated the ballot language andthe amendments themselves were specified in the petition and the Council had no ability to change it Hereiterated that the limited purpose of the Resolution was to set the date for the election and to provide itto the Supervisor of Elections for MiamiDade County so it could be scheduled

Councilman Burgess inquired if the Council was allowed to request a walk in election ratherthan a mail inballot as stipulated in the Resolution

City Attorney Weiss replied that all of the cities received notification earlier in the year that the ElectionDepartment was doing a reprecincting at a specified time and advised they would not be able to hold anelection during that time He stated that when the petition was presented they had explained that theCouncil was obligated under the Charter to set the election adding the Elections Department suggested amailin ballot on the date of August 27 2015 He stated the petition itself did not specify the type ofelection

Councilman Burgess inquired why the mail ballot was 70000 when the last walkin election was only75000

City Clerk Sewell reported that the Elections Department provided the cost estimate for the mail ballot

In response to Mayor Porter City Attorney Weiss stated that the mail ballot would be sent to all registeredvoters in the City

Mayor Porter commented the cost of postage and printing could be part of the high cost adding it looked


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JUNE 17 2015

like the postage was 40000

Vice Mayor Shelley stated he would prefer it be a typical walk in voting process that the residents werefamiliar with He asked if the City could put pressure on the Elections Department to change itto a regularelection Vice Mayor Shelley stated he had received complaints regarding the petition process includingthe way the ballot signatures were collected and what was said to the signers He inquired if those issueswere in the purview of the Councilsdecision making authority

City Attorney Weiss said the City Code states that the Dade County Supervisor of Elections was the one whoreviews the signatures and certifies the petitions In terms of the other issues related to how the petitionswere collected and what was said the City does not have a procedure in its Code and there is nothing in

the County Code that applies to the City that deals with those issues City Attorney Weiss stated if therewere concerns about how the petitions were collected it would be dealt with by the courts or otherauthorities not the City Council

Vice Mayor Shelley stated he was also asked if the three questions could be split up on the ballot so that aperson could vote on each question individually

City Attorney Weiss explained that under the State law dealing with constitutional amendments there wasa one questionone ballot rule adding the Florida Supreme Court has ruled that for county and municipalelections you can combine the questions He stated it may not be the way the City would choose to do it ifthe City Attorneysoffice had been the one directed to draft the actual charter amendment and the ballotlanguage He explained that the petition before them contained both the actual charter language andspecific ballot language adding it met the required word count

Vice Mayor Shelly inquired if it was the opinion of the City AttorneysOffice that the City Council could notmake the decision to split the questions into three separate questions

City Attorney Weiss stated the way the City Code was written there was no authority for the Council tochange it to three separate questions

Councilman Williams stated he also received phone calls and emails on the agenda item He inquired what

the process was once the City Clerk received the petitions

City Attorney Weiss stated the petitions were delivered directly to the County Supervisor of Electionswhich was confirmed by City Clerk Sewell

Councilman Williams inquired about the County verification process

City Attorney Weiss stated there was a statutory verification process to verify the signatures on thepetitions matched the signatures on record with the County Elections Department and that the person wasa registered voter He noted that a number of petitions were thrown out because they did not match thesignature on file which could be because a personssignature may have changed overtime

In terms of the petition Councilman Williams asked for clarification about the role of the Citys Charterversus the County Charter

6UL414IILWINU11

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JUNE172015

City Attorney Weiss explained that Miami Dade County was a Constitutional Home Rule Charter Countywhich specifies the exclusive method for amending municipal charters in Miami Dade County He stated insome cases it even supersedes state law He said that the City Charter language states charteramendments for the City of Homestead are dealt with pursuant to Section 603 of the County Code

Councilman Williams inquired when the petitions were submitted to the City Clerk

City Attorney Weiss explained that after the petitions were reviewed bythe County the City Clerk receiveda certification from the County Supervisor of Elections stating that 10 of the registered voters havesubmitted valid petitions adding at that point the petitions came to the City Clerk

Councilman Williams inquired how the proposed August election date was chosen

City Attorney Weiss explained that underthe Dade County Home Rule Charter which was applicableto theCity the Council was obligated to set an election not less than 60 days and not more than 120 days afterthe petitions were certified He noted the petitions were certified on June 5 2015 He explained thatbecause the election was conducted by the County Supervisor of Elections and they were in a reprecinctingperiod the date of August 27 2015 was provided by the Elections Department as a date they couldconduct the election

Councilman Williams inquired why the date was set by the County if the Council had the authority to setthe date

City Attorney Weiss explained that the Council was being asked to set the date that night adding if theCouncil preferred a different date they had the authority to change it He noted they tried to avoidmeetings back and forth therefore they obtained a date that was okay with the Dade County Supervisor ofElections in advance

Councilman Williams commented a date was requested from the Elections Department before checkingwith the City Council

City Attorney Weiss explained that the County Supervisor of Elections initially did not want to hold theelection at all because of the reprecincting and they had to contact the County Attorneysoffice to explainthe City Council had an obligation under the Charter to hold the election At that point the CountyElections Department advised they could do it by mail in ballot and the first available date was on August27 2015

Councilman Williams inquired how the County could determine the type of election

City Attorney Weiss stated the County could not tell the City what type of election to have and if theCouncil wished to change the type of election or the date they could go back to the County and request anew proposed date for a walkin vote He noted the County Elections Department would need to advisethe City if they could do it

Councilman Williams explained there appeared to be contradictions about the Councilsrole and whether


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JUNE171015

they could set the date and the type of election He expressed concern that the Council was not broughtinto the process earlier to discuss the proposed date and type of election adding the City has not had amail in ballot election in the past

City Attorney Weiss clarified that the Council had the authority to change the Resolution

Councilman Williams expressed concern that an election date was put in writing even though the Councilhad not met to discuss it first He stated the way it was presented gave the impression to the public thatthe Council had already endorsed the date He stated he respected the efforts of the people whosubmitted the petitions however he was disappointed in the process used to present it to Council

City Attorney Weiss explained that Resolutions needed to be presented in writing under Florida Law Hestated the Council had the authority to suggest another date to the County Supervisor of Elections and torequest a different type of election He stated if they said yes it would move forward however if they saidno another meeting would need to be scheduled so that the Council could discuss another date andor thetype of election He explained they were dealing with unusual circumstances due to the reprecinctingproject underway by the County Elections Department which gave the City less flexibility than normal

Councilwoman Fairclough expressed concern with the process adding she did not feel comfortableeffectively answering the questions presented to her because the Council was not the initiator of thepetition or the author of the ballot language She inquired why the County Charter trumped the CityCharter and in areas were the County Charter was silent how did the City Charter kick in She noted theCounty Charter did not reference the ten affidavits required to trigger the 90 day timeline for the petitiongathering process but the City Charter did

City Attorney Weiss explained that it starts at the County Charter which specifies how municipal chartersget amended He clarified that the City Charter was not trumped by the County Charter because the CityCharter refers to the County Charter and the City has an ordinance that implements the provisions of the

County Charter

Councilwoman Fairclough noted that the City Charter refers to 15 not 10

City Attorney Weiss explained that there were two different provisions in the City Charterthat dealt withpetitions One of the provisions deals with amendments to the charter and it was very specific as it refersto the County Charter He further explained that there was a process in municipal government calledinitiative and recall The language states that if the City passes an ordinance and the electors are not happywith the ordinance they have the ability to collect petitions and to put it on the ballot to repeal thatordinance with a percentage of 15 of the voters He clarified the 10 reference was contained in theCounty Home Rule Charter and applied to municipal charter amendments

Councilwoman Fairclough stated the communitywas lookingto the Council for leadership and she felt as ifshe was being strong armed because the Council has a limited role and no abilityto changethe language onthe ballot She referred to the recent Bond Referendum and commented on what an excellentjob the City

Manager had done to educate the people about the issues and the implications if passed She explainedthat she did not believe the community had been properly educated on the implications of the petitionsShe commented the City has come a long way restoring public trust and the petition has created a cloud of


GAGE 6

JUNE 17 2015

controversy and perceived perceptions of impropriety adding if it was important to change the charter itshould go out to the people to give them an opportunity to ask questions that the Council could notanswer

Councilman Maldonado stated the County was charged with holding elections when the Council says itneeded to schedule an election and even though theywere in the process of reprecincting they could notdictate how the Council was going to make a decision about the date or the type of election He stated hewas not in favor of a mail in ballot He stated the City Attorneysoffice had always represented thecommunity well but expressed concern that there was a cloud over the petition process and the processneeded to be as transparent as possible

Councilwoman Waldman asked if there was a price obtained for a walkin election and whether the Clerks

Office had requested the date from the Dade County Elections Department

City Clerk Sewell stated the City had a quote for the Primary Election that was coming up on October 62015 which was over100000 adding the mailin ballot quote was a little over70000 She stated theelection date was given to her by the County adding she did not ask for the date

Councilman Burgess asked City Attorney Weiss if the ballot would be considered an initiative ballot

City Attorney Weiss stated it was a petition to amend the charter which was different from the initiativeprocess adding under most charters an initiative was used to repeal or pass an ordinance

Councilman Burgess stated he received questions about that difference because if it were an initiative theCounty and State would not allow the different questions to be log rolled into one on the ballot He statedthat was one of his concerns because if the question was voted down it could have negative ramificationsto the military and BRAC in the future He expressed concern that the Council was given a date and type ofelection without any prior discussion He commented the voters were confused and a mailin ballot wouldcause even more confusion as the City had not done that in the past He stated he was not comfortableand commented there appeared to be contradicting legal opinions on the process Councilman Burgessinquired if anyone had approached Vice Mayor Shelley about scheduling a Charter Review Committeemeeting which was the process that should be used

Vice Mayor Shelley stated the topic had been discussed at a Council meeting approximately one yearbefore and it was determined there were so many projects going on in the City that a Charter Review wouldnot be scheduled He noted the intention was to have a Charter Review Committee in place to meet in the

spring of 2016

Councilman Maldonado referred backto the City Charter sectionsthat referenced petitions and initiativesHe commented a lot of the confusion was about the percentage of voters signatures that were required to

put the petition on a ballot as well as the format of the petition He noted the Citys Code language wasbetter than the County Code and inquired why the City was required to follow the County Charter whichhad more leeway

City Attorney Weiss stated he could not say why the Dade County Charter did not have more detail in thatsection however it did have its own initiative and referendum section that was more detailed He stated


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JUNE 171015

the reason Section 602 did not apply was because it stated the power to initiate and reconsiderordinances He agreed there was not a lot of detail in the City Charter about the Charter amendmentprocess He stated the City did have an ordinance with significant detail about implementing the charterprovisions

Councilman Williams inquired if the question was written to say that the City of Homestead should notdiscriminate against veterans in terms of employment or was it referring to the entire community ofHomestead not discriminating

City Attorney Weiss reiterated that he did not write the proposed charter language but based on thelanguage he took it to mean the City should not discriminate in any way and gave the examples ofemployment housing and grant programs

Councilman Williams inquired if there had been any complaints related to discrimination against veteransand asked if there was anyone present on behalf of the petition who could answer questions No one inthe audience responded Councilman Williams commented that if the people brought forward a petitionwhere were the people He stated they were voting on something because it was what the people wantedand the meeting was the opportu nity for the Council to meet the people and ask questions about the ballotlanguage He asked if anyone who signed the petition was present One person identified themselves butdid not wish to speak

Mayor Porter opened the Public Hearing

Mrs Lynda Bell residing at 343 NW 19 Street in Homestead stated she had reached out to Dade CountyElections and they reported they did not select the election date but did provide the next available dateShe stated she believed the push to the82715 date was because qualifying opened on82915 and itwould enable one person to qualify to run She inquired if City Attorney Weiss had consulted with theState Ethics Commission regarding whether Councilwoman Waldman should recuse herself and he repliedhe did She stated she believed if there was any type of direct benefit to be gained the elected official wasrequired to recuse themselves

Mrs Bell explained that she reviewed the petitions in the City Clerks office and took photos Shecommented that the only thing the Dade County Supervisor of Elections was in charge of was certifying thesignatures not the language or process for the petition Mrs Bell referred to County and State Charterlanguage and expressed concern that the petition language was legally insufficient as it was not in threelanguages the petition had onlygone overthe 10 requirement by 9 petitions and she had identified fivefraudulent petitions because the statement of the circulator was not the same person who witnessed thesignature and she suspected there were more fraudulent petitions if all the petitions were reviewed theCity Clerks Office did not have an affidavit of signature revocation form to provide as requested by apetition signer and you could only have one subject per ballot question Mrs Bell also explained thatbased on the County Charter the City had 120 days after adopting a Resolution to hold the election whichwould bring them to the October 6 2015 Primary Election day with 11 days to spare which would avoidthe perception of the charter amendment benefiting only one person

Mrs Bell urged the Council to vote no to the Resolution and to let the political committee come back anddefend the deficiencies she identified


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JUNE 17 2015

Mr Steven Losner residing at 72 NW 20 Street in Homestead agreed with Mrs Bell that the County Coderequired the ballot language to be in 3 languages and also provides for disqualification of signatures within15 business days of the filing of the petition He reviewed the timeline to withdraw petitions and noted thepetition was only over the 10 requirement by 9 petitions He expressed concern that the petitioninitiative was fraudulent and should fail due to the disqualification of all the petitions as they did not meet

the required format andor citizens may withdraw their petitions He stated he was aware ofcircumstances where individuals wished to withdraw their petition and contacted the City ClerksOfficewho did not have a withdrawal form He also stated he believed that the Resolution did not comply withjudicial interpretations of Florida Statutes governing citizen initiatives for charter amendments Heexplained the City was required to frame ballot questions in a mannerthat accurately communicated theirtrue effect and conveyed the material terms adding that was not done as only one person would benefitfrom the term limit provision He urged the Council to defer the item to allow time to obtain legal opinionsas to whether or not the petitions should be disqualified in their entirety if the 15 day window had closedand if the ballot title met the judicially determined requirements for full disclosure In closing Mr Losnerstated that if the election moved forward the Council should conduct a walk in election as a mail in

election posed too great a risk of voter fraud

Mr Mark Bell residing at 343 NW 19 Street in Homestead commented the people who initiated thepetition were not present because it was a political committee out of Coral Gables who had boxed in theCouncil to do an election that would cost the Homestead taxpayers a minimum of70000 He expressedconcern that a Coral Gables political committee was telling the Homestead Council what needed to be onits charter and when to have an election He noted if the County only certifies signatures who certified thepetition and when was it done

City Attorney Weiss reported the petitions were certified by the Dade County Supervisor of Elections onJune 5 2015

Mr Bell stated the County Elections Department advised him that it was the job of the City Clerk to certifythe petitions and the job of County Elections was to certify that the signatures were registered voters Heurged the Council to throw out the whole petition and to not set an election date that would cost thecitizens 70000 He noted the petition representatives were not at the meeting and he doubted theywould come back to the City if the petition was thrown out

Mr Willie Wamble residing at 1111 Adams Avenue Unit L in Homestead reviewed the number of petitions

collected including how many were duplicates and how many were thrown out by the County ElectionsDepartment He expressed concern that the number of signatures collected was small in proportion to theCitys population adding there were only 9 more petitions than required He reviewed the three parts ofthe petition and expressed concern that no one representing the political committee was present toanswer questions about their intent and why they felt it was necessary to bring the petition forward Hestated term limits have always been a part of our democracy adding the people of Homestead in theirwisdom put term limits in place He noted the City Ordinance did allow an individual to run for higheroffice if they were termed out which encouraged persons with experience to move into higher office

Mr Stephen McDuffie residing at 139 SE 36 Avenue in Homestead referred to the election when termlimits were passed and noted the people had spoken on that issue with over 70 of the votes being infavor of term limits He referred to the talking points associated with the petition and explained the


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JUNE172015

military and veterans were already protected by federal state and county law He referred to the secondpetition issue related to employment and stated it was common sense to change it to 3 years MrMcDuffie referred to the proposed term limit changes and stated the change was not what the CharterCommittee and the residents intended when they voted on the issue He inquired if the Vice Mayor andthe Office of Councilmember were separate in their own right

City Attorney Weiss explained that as a Council person you also have the right to run for the designation ofVice Mayor

Mr McDuffie stated he had met with his neighbors and would ask Councilwoman Fairclough to vote no andnot set an election date because the people have already spoken on term limits

Mayor Porter closed the Public Hearing

The Council City Attorney and staff discussed the petition and certification process in detail as well astheconcerns raised during public comments

Mayor Porter inquired what the legal consequences would be if the Council voted no to move the petitionforward

City Attorney Weiss explained there would be no effect unless the group that filed the petition broughtforward a lawsuit to enforce it and then a judge would determine if the City had a legal duty to put thepetition on the ballot

Mayor Porter stated there has always been a concern that the County Elections Department needs acertain amount of time to prepare for an election

City Attorney Weiss stated the County needed approximately 60 days notice He explained the Councilcould request a different election date and request to have a walkin election

Councilwoman Fairclough inquired if it was legal for the petition to not be in English Spanish and Creole

City Attorney Weiss reported the requirement of the three languages was in Chapter 12 of the CountyCode which did not specify municipalities He noted the City did not have its own Ordinance requiringthethree languages as this type of situation had not come up in the past

Mayor Porter noted if they deferred the decision to a Special Call it may not be well received by the publicto make the decisions outside of a regularly scheduled Council meeting

Councilman Maldonado stated he would not feel comfortable discussingthe issue at a Special Call meetingHe stated if the item was tabled while questions were researched he would like to schedule it to comeback to Council at the next regularly scheduled meeting

City Attorney Weiss explained the only limitation the Council had to setthe election was between August 42015 and October 3 2015 He stated if the Council discussed it again on July 15 2015 and gave the County

Supervisor of Elections 60 days notice September 15 2015 would probably be the earliest date the City


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JUNE 17 2015

could hold the election

Councilman Burgess stated he agreed with tabling the item to the July 15 2015 Council meeting to allowtime for all of the questions and concerns to be answered and to educate the public

Vice Mayor Shelley stated his biggest concern was the type of election adding he would like to make everyeffort to have a regular walkin election rather than a mailin ballot

City Attorney Weiss noted at some point the reprecincting was going to be done and if it were over withinthat period the City could have a regular in person election within that time and also comply with theCharter

Vice Mayor Shelley explained that although there were questions aboutthe petition process and abouttheform of the ballot2300 people signed it If the answer was it has to go to the voters which is what theattorneys have advised todate he did not want to set a timeframe that essentially meant one of the threeissues that those signatures have asked for was now a moot point adding he did not want to undercut theprocess because the purpose of the process was to allow people to ask questions regardless of whether theCouncil agrees with those questions

Councilman Maldonado stated he agreed with Vice Mayor Shelley and that he respected the fact that the

petition was done by the people and they need to be answered He referred to Mr Losnerscommentsabout the 15 day period for persons who wish to pull their petition and that a process should be in place toinsure it was a fair process He stated he would also like the public records process to be clear so that noone was hindered and that the petitions should be made available to the public on a disc

City Attorney Weiss stated all of the petitions were a public record He asked if the City Clerk had receiveda disc in addition to the paper copy

City Clerk Sewell stated she did not receive a disc from the County Elections Department

City Attorney Weiss stated they could call the County but the City could also scan the petitions and makethem available to the public on a disc

The Council City Attorney and staff discussed the petition process further and the options available to theCouncil

Mayor Porter noted there was a Motion on the table to move the Resolution forward in its current formthat needed to be voted up or down

A Motion was made by Vice Mayor Shelley and seconded by Mayor Porter to amend the Resolution torequest a walkin election ratherthan a mail in ballot Mayor Porter asked all in favor Vote Ayes NoneNays all Motion failed

Mayor Porter called for the vote on the original Motion to move the Resolution forward as presentedincluding the proposed date


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Roll Call

Councilman Burgess No

Councilman Maldonado No

Councilman Williams No

Councilwoman Fairclough No

Councilwoman Waldman No

Vice Mayor Shelley No

Mayor Porter No

Motion failed

City Attorney Weiss reviewed the options available to the Council as follows

If you do not feel it is a valid petition you do not have to put it on a ballotChoose an alternative election date He noted for the record that the August 27 2015 election date inthe resolution was suggested by the County

Propose an alternative election method

City Attorney Weiss explained that if an alternative election date andor type of election was chosen staffshould be directed to contact the County Elections Department and bring the issue backto Council at theirnext regular meeting or to schedule a Special Call

Mayor Porter commented the Council should consider that there were approximately 2300 certifiedsignatures asking for an election and that a vote for or against the Resolution was not endorsing what wasin the petition noting the voters would decide

Vice Mayor Shelley stated the City Attorney had given them options and the Council needed to make adecision about moving forward with the petition process or not

Councilman Maldonado agreed but noted the community needed to be better informed and suggested theCouncil may wish to get a second legal opinion on the questions that have been raised that soundlegitimate He stated they needed to get answers in order to move forward with a decision

City Attorney Weiss noted many of the questions were coming from the interpretation of the County Codeand suggested his office confer with the Dade County AttorneysOffice to see if they agree with theinterpretations related to the petition

Councilman Maldonado agreed noting it would remove the cloud of doubt that has come before theCouncil about the petition process

Councilwoman Fairclough stated there was a lack of an education forum for the community however thatresponsibility was on the petitioner not the City She expressed concern that the persons behind thepetition did not respect the Council enough to be present to answer questions She suggested the item betabled until the petitioners came to a Council meeting to answer questions noting typically waiver of usefees were tabled if the applicant was not present


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JUNE 171015

Mayor Porter expressed concern that if the City did not follow the proper process the City would be openfor a lawsuit

City Attorney Weiss reported if the City as sued his office would defend the Councils non action and ajudge could order the City to put it on the ballot

Mayor Porter noted they had discussed deferring the item until the next Council meeting while additionalinformation was gathered including possible election dates He stated the secondary question was whetherthe election needed to be set before the qualifying date

City Attorney Weiss recommended the Council direct the City Clerk to contact the County Supervisor ofElections with a date preferred by the Council or she could get a list of available dates for the Council toconsider at the Councilsnext meeting He noted the City Clerk should also express the Councilsrequestfor a walkin election

Mayor Porter inquired if the Council was comfortable with that direction

Councilwoman Fairclough stated she was not comfortable talking about dates until all the questions thathad come up were answered

Mayor Porter explained he was suggestingthe available dates and the answers to the legal questions thathad been posed would all be discussed at the next meeting

Mrs Lynda Bell stated her concerns had not been addressed regarding the petitioners who want to revoketheir signature the 5 others identified whose ballots she believed were fraudulently certified and thetimeline for the 15 days and the 120 day clock She explained that if the City was deferring to the CountyCharter they needed to follow it for those issues too

Mayor Porter explained that the City Attorney would be doing the research and addressing all of thoseissues at the next meeting

City Attorney Weiss explained that in some cases the County Charter applied to municipalities and in othersit did not which was where the confusion was coming from He stated the Council could establish aprocedure for withdrawing the petitions by a set date as well as directing the City Clerk to establish a formfor persons to use who wish to withdraw their petitions

A Motion was made by Councilman Maldonado and seconded by Councilwoman Fairclough to establish aprocedure for petition withdrawals from June 17 2015 to July 7 2015 on a form to be provided by the CityClerk

Mayor Porter asked all in favor Vote Ayes all Motion carriedIn response to Vice Mayor Shelley City Attorney Weiss stated he would confer with the County Attorneyto get their legal opinion on the areas of the County Charter that are in question and report back to theCouncil


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Mr Steve Losner noted the Council was expanding the County timeframe and expressed concern that theCity may have competing timeframes if it was determined the County rules apply

City Attorney Weiss stated if the County rules apply the petitions would not be in the proper format asthey were not in three languages and had other format issues In terms of allowing the petitioners tosupplement the petitions if they fall under the 10 City Attorney Weiss explained that the County

Elections Department already had a process for that

Councilman Burgess telephone connection was lost at 936 pm

City Attorney Weiss reviewed the direction to staff which was his office would confer with the CountyAttorney to answer the questions that were presented and the City Clerks Office would contact theCounty Supervisor of Elections to get options for the Council He stated they would also keep the Councilupdated on the number of petitions that were withdrawn

Councilwoman Fairclough left the meeting at938 pm

At the request of Councilwoman Waldman it was the consensus of the Council to discuss CAR 1481 afterCAR 1504

6 DISCUSSION

a CAR 1504 RESOLUTION FOR CO DESIGNATION OF SE 6TH AVENUE

BETWEEN US 1 AND CAMPBELL DRIVE

City Manager Gretsas reported Councilwoman Waldman respectfully requested that the Council considerapproving the Resolution for the Codesignation of SE 6th Avenue between US 1 and Campbell Drive toVFW ArrantSmith Post 4127 Avenue

Councilwoman Waldman stated she worked closely with the veterans and they had a big anniversarycoming up so it would be nice if it could be changed in time for the event

Mayor Porter inquired if there were any questions from Council and there were none

A Motion was made by Councilman Maldonado and seconded by Councilwoman Waldman to approveCAR 1504 A Resolution for the CoDesignation of SE 6t Avenue between US 1 and Campbell Drive

Mayor Porter asked all in favor Vote Ayes all except Councilman Burgess and Councilwoman Faircloughwho were absent Motion carried

PUBLIC HEARINGS ORDINANCES LAND USE ITEMS ETC

a QUASI JUDICIAL PUBLIC HEARINGS PLEASE BE ADVISED THAT THE FOLLOWING ITEMS ON THE AGENDA ARE

QUASI JUDICIAL IN NATURE IF YOU WISH TO COMMENT UPON ANY OF THESE ITEMS PLEASE INDICATE THE ITEM

NUMBER YOU WOULD LIKE TO ADDRESS WHEN THE ANNOUNCEMENT REGARDING THE QUASIJUDICIAL ITEM IS

MADE AN OPPORTUNITY FOR PERSONS TO SPEAK ON EACH ITEM WILL BE MADE AVAILABLE AFTER THE APPLICANT

AND STAFF HAVE MADE THEIR PRESENTATIONS ON EACH ITEM


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JUNE172015

SWEARING IN ALLTESTIMONY INCLUDING PUBLIC TESTIMONY AND EVIDENCE WILL BE MADE UNDER OATH OR

AFFIRMATION ADDITIONALLY EACH PERSON WHO GIVESTESTIMONY MAY BE SUBJECTTO CROSS EXAMINATION IF

YOU DO NOT WISH TO BE EITHER CROSS EXAMINED OR SWORN YOUR TESTIMONY WILL BE GIVEN ITS DUE WEIGHT

THE GENERAL PUBLIC WILL NOT BE PERMITTED TO CROSS EXAMINE WITNESSES BUT THE PUBLIC MAY REQUESTTHE

COUNCILTO ASK QUESTIONS OF STAFF OR WITNESSES ON THEIR BEHALF THE FULLAGENDA PACKET ON EACH ITEM

IS HEREBY ENTERED INTO THE RECORD PERSONS REPRESENTING ORGANIZATIONS MUST PRESENT EVIDENCE OF

THEIR AUTHORITY TO SPEAK FOR THE ORGANIZATION FURTHER DETAILS OFTHE QUASI JUDICIAL PROCEDURES MAY

BE OBTAINED FROM THE CLERK IN ACCORDANCE WITH CODE SECTION 2591 ANY LOBBYISTS MUST REGISTERBEFORE ADDRESSING THE COUNCIL ON ANY OF THE FOLLOWING ITEMS AT THIS TIME COUNCILMEMBERS MUSTDISCLOSE ANY EXPARTE COMMUNICATIONS CONCERNING ANY ITEMS ON THE AGENDA

AT THIS TIME THE CLERK WILL SWEAR IN ANY PERSONSWHO WISHES TO TESTIFY ON ANY QUASIJUDICIAL ITEM

City Attorney Weiss read the Quasi Judicial notice above into the public record

Councilwoman Waldman stated that as she was requested to do atthe last Council meeting she met with

the applicant on CAR 1481 PH 201501 Special Exception to permit a video game arcade with 20electronic amusement games at 1541 SE 12 Avenue

City Clerk Sewell swore in persons who wished to testify on any Quasi Judicial item

CAR 1481 PH 201501 SPECIAL EXCEPTION TO PERMIT A VIDEO GAME ARCADE WITH

20 ELECTRONIC AMUSEMENT GAMES AT 1541 SE 12 AVENUE

A RESOLUTION OF THE CITY OF HOMESTEAD FLORIDA APPROVING A SPECIAL EXCEPTION

REQUESTED BY WONDER GAMES LLC TO PERMIT A VIDEO GAME ARCADE WITH TWENTY

20 ELECTRONIC AMUSEMENT GAMES AUTHORIZED IN CONJUNCTION WITH THEOPERATION OF A PIZZA RESTAURANT FOR PROPERTY LOCATED AT 1541 SE 12 AVENUE AS

LEGALLY DESCRIBED IN EXHIBIT A AND PROVIDING FOR AN EFFECTIVE DATE

Attorney White read the Resolution title into the public record

Councilwoman Fairclough returned to the meeting at 943 pm

Development Services Director Corradino noted the item had been discussed at the last Council meeting andthat staff recommended approval


There were no public comments therefore Mayor Porter closed the Public Hearing

Councilwoman Waldman stated she had met with the applicant along with Development Services DirectorCorradino Chief Rolle and Major Kennedy to address the concerns expressed at the last meeting Sheexplained that the business was geared toward younger children and would not be a hangout for teenagers

Development Services Director Corradino reported that as agreed to at the meeting after periodic review bythe Police Department the applicant may be required to hire on site police protection if necessary


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JUNE172015

Councilwoman Waldman stated she endorsed the agenda item and was comfortable moving it forward

A Motion was made by Councilman Maldonado and seconded by Councilman Williams to approve CAR1481 PH 201501 Special Exception to permit a video game arcade with 20 electronic amusement gamesat 1541 SE 12 Avenue with the condition that as determined by the Homestead Police Department the

applicant shall provide onsite security personnel necessaryto mitigate negative impacts associated with thespecial exception use if necessary

Mayor Porter called for the vote

FineHWU

Councilman Maldonado Yes

Councilman Williams Yes

Councilwoman Fairclough Yes

Councilwoman Waldman Yes

Vice Mayor Shelley Yes

Mayor Porter Yes

Councilman Burgess Absent

Motion carried

Councilwoman Waldman left the meeting at946 pm

b CAR 1494 RENEWAL OF MOU BETWEEN THE CITY OF HOMESTEAD AND NATIONAL PARKS

Vice Mayor Shelley explained the item was to renew the MOU between the City of Homestead and theNational Parks relating to the National Parks Trolley He stated that in 2013 the City entered into a MOU thatallowed the City trolley to enter both National Parks as well as waiving entrance fees for the trolley riders Heexplained the new MOU would allow the operation to continue for five more years adding during the lastseason more than 15000 riders took advantage of the trolley to the national parks

A Motion was made by Councilman Maldonado and seconded by Councilman Williams to approve CAR1494 renewal of MOU between the City of Homestead and the National Parks

Mayor Porter asked all in favor Vote Ayes all except Councilwoman Waldman and Councilman Burgesswho were absent Motion carried

8 CONSENT AGENDA

MAY 27 2015 COUNCIL PRESENTATION CEREMONY MINUTESMAY 27 2015 COUNCIL MINUTES

A Motion was made by Councilwoman Fairclough and seconded by Councilman Maldonado to approve theConsent Agenda as submitted


PAGE 16

JUNE 17 2015

Mayor Porter asked all in favor Vote Ayes all except Councilwoman Waldman and Councilman Burgesswho were absent Motion carried

II CAR 1499 PH 201511 CERTIFICATE OF USE FOR ONPREMISES SALE AND

CONSUMPTION OF BEER WINE

A FINAL ORDER OF THE CITY OF HOMESTEAD FLORIDA GRANTING A CERTIFICATE OFUSE TO ALLOW THE SALE OF BEER AND WINE FOR ONPREMISES CONSUMPTION IN

CONJUNCTION WITH THE OPERATION OF A RESTAURANT LOCATED AT 312 NE gtn

STREET AS LEGALLY DESCRIBED IN EXHIBIT A AND PROVIDING FOR AN EFFECTIVEDATE

City Attorney White read the Final Order title into the public record

Development Services Director Corradino reported staff recommended approval of the Final Order adding itcomplies with all of the standards in the City Code



A Motion was made by Councilman Maldonado and seconded by Councilman Williams to approve CAR 1499PH 201511 Certificate of Use for OnPremises Sale and Consumption of Beer Wine


Roll Call





Mayor Porter Yes


Councilwoman Waldman Absent

Motion carried

9 LEGISLATIVE MATTERS

a ORDINANCES

SECOND READING

I CAR 1484 PH 201405 ORDINANCE OF REGULATION OF SCHOOL FACILITIES

AN ORDINANCE OF THE CITY OF HOMESTEAD FLORIDA AMENDING THE CITY CODE OFORDINANCES BY AMENDING CHAPTER 30 ZONING ARTICLE III DISTRICTREGULATIONS DIVISION 10 B1A PROFESSIONAL BUSINESS RESTRICTED DISTRICT


PAGE 17

JUNE172015

SECTIONS 30241 USES PERMITTED AMENDING DIVISION 11 B1 RESTRICTED RETAIL

COMMERCIAL DISTRICT SECTION 30256 USES PERMITTED AMENDING DIVISION 12

B2 RETAIL COMMERCIAL DISTRICT SECTION 30276 USES PERMITTED AMENDINGDIVISION 23 PLANNED URBAN NEIGHBORHOOD DISTRICT SECTION 303962

SUBAREAS DIVISION 24 BUSINESS MIXED USE DISTRICT SEC 30396501 USES

PERMITTED AMENDING DIVISION 25 NEIGHBORHOOD MIXED USE DISTRICT SEC30396532 USES PERMITTED AMENDING ARTICLE IV SUPPLEMENTAL DISTRICT

REGULATIONS DIVISION 1 GENERALLY SECTION 30397 PERMITTED USE ANDDIMENSIONAL STANDARDS TABLES AMENDING ARTICLE IV SUPPLEMENTAL DISTRICTREGULATIONS DIVISION 8 SPECIAL EXCEPTIONS SECTION 30531 ESTABLISHEDALL TO PROVIDE THAT SCHOOLS SHALL NOT BE PERMITTED AS SPECIAL EXCEPTION

USES IN COMMERCIAL ZONING DISTRICTS AND REMOVING SCHOOLS FROM THE USES

PERMITTED PROVIDING FOR SEVERABILITY PROVIDING FOR INCLUSION IN THE CODE

PROVIDING FOR CONFLICTS AND PROVIDING FOR AN EFFECTIVE DATE

City Attorney White read the Ordinance title into the public record

Mayor Porter noted this was the second reading of the Ordinance

Development Services Director Corradino reported staff recommended approval of the Ordinance



A Motion was made by Councilman Maldonado and seconded by Councilman Williams to approve CAR1484 PH 201405 Ordinance of Regulation of School Facilities


Roll Call





Mayor Porter Yes


Councilwoman Waldman Absent

Motion carried

Councilman Maldonado left the meeting at950pm

b MOTIONS


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JUNE172015

i CAR1448WiTrKOP 50OKW GENERATOR CIP062 ITB 201521

Director of Public Works Brea reported that staff recommended approval to authorize the award of Bid201521 Wittkop 50OKW Generator to Megawattage LLC in the amount of19850000 He stated theproject was part of the City of HomesteadsCapital Improvement Plan CIP 062 The City of Homesteadmust meet requirements and standards by lawto govern the safe potable drinking water for its residentsThe 1994 generator currently in place is not reliable and will not perform during a state of emergency

The new generator and fuel tank must be installed and operable for hurricane season He also reportedthat the City received a protest on the bid

Mr Jason Maier reported he was an attorney representing AMPS who submitted an objection to the bidaward He explained that the grounds for the objection were due to a lack of clarity as to what type ofenclosure would be required for the power generator He stated it was unclear from the bid documentsand technical specifications whether an enclosure would be required at all and if so what type ofenclosure He stated the issue goes to price adding it was impossible for the bidders to submit a price ifthey did not know if they were bidding on an enclosure He stated there were potentially four options andthat his client was not sure which were required by the bid documents He stated the four possibleoptions were 1 no enclosure at all 2 a standard enclosure 3 a high velocity hurricane zone compliantenclosure and 4 reuse of the existing enclosure He referred to the state competitive bidding laws andstated it required that the bid documents and project specifications be adequately specific to allow allbidders a fair opportunity in terms of the scope of work and the ability to price appropriately He statedsince it was unclear he believed the bidders had been denied a fair opportunity to price the project

adding the City may not be getting a price that includes what it thinks it includes He referred to thetechnical specifications paragraph 42 and explained that it was clear to them from the bid documentsthat the City was asking for a price on a housed generator adding he believed it was possible that theFlorida Building Code would require a HVHC enclosure He stated he did not believe the price that wasbeing considered included the HVHC enclosure addingtheywould like the bid documents clarified and thebid not awarded that night

Councilman Williams commented Mr Maier was not on the registered Lobbyist list He inquired if the City

had ever replaced the generator before and whether it was the same process The staff response was thatthey had used the same process in the past Councilman Williams stated he was ready to move forwardwith the item as recommended by staff



A Motion was made by Councilman Williams and seconded by Councilwoman Fairclough to authorize thebid award for CAR 1448 Wittkop 50OKW Generator CIP062 ITB 201521


Roll Call



PAGE 19

JUNE 17 2015

Documents

City Council - OrdinanceWatch™ · 2015-07-14 · Elizabeth Sewell MPA MMC City Clerk Weiss Serota Helfman Cole Bierman PLCity Attorney Wednesday July 15 2015 Immediately Following