HomeMy Public PortalAbout2012-22 Proposed amendments to the Village Charter submitted to the Village electors for approval or disapprovalRESOLUTION NO. 2012-22
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR
THE SUBMISSION TO THE VILLAGE ELECTORS FOR
APPROVAL OR DISAPPROVAL OF A SERIES OF
PROPOSED AMENDMENTS TO THE VILLAGE CHARTER,
AS PROVIDED BY THE REPORT OF THE CHARTER
REVISION COMMISSION, IN ACCORDANCE WITH
SECTION 7.06 OF THE VILLAGE CHARTER; PROVIDING
REQUISITE BALLOT LANGUAGE FOR SUBMISSION OF
THE CHARTER AMENDMENTS TO THE ELECTORATE;
CALLING A SPECIAL ELECTION ON THE PROPOSED
CHARTER AMENDMENTS TO BE HELD ON TUESDAY,
THE 6TH DAY OF NOVEMBER, 2012, IN CONJUNCTION
WITH THE GENERAL ELECTION BEING HELD ON SAID
DATE; PROVIDING FOR VOTING AT THE POLLS;
PROVIDING FOR NOTICE OF ELECTION; PROVIDING
FOR REQUISITE BALLOT LANGUAGE; PROVIDING FOR
INCLUSION IN THE CHARTER; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, pursuant to Section 7.06 of the Village Charter, the Charter Revision
Commission (the "Charter Commission") has determined that a revision to the Village Charter is
needed and has drafted the six (6) proposed charter amendments (the "Charter Amendments") which
are described herein; and
WHEREAS, the report of the Charter Commission requested the Council to place the
proposed Charter Amendments on the ballot for the next scheduled election, which is the November
6, 2012 general election; and
WHEREAS, pursuant to Section 7.06 of the Village Charter, the Village Council is required
to submit the Charter Amendments to the electors of the Village for approval or rejection.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the above stated recitals is hereby adopted
and confirmed.
Section 2. Charter Amendments. That, subject to the requirements of Section 8 of this
Resolution, pursuant to Section 7.06 of the Village Charter, the Village Charter of the Village of Key
Biscayne, Florida, is hereby amended by amending the Village Charter sections described below in
Parts A, B, C, D, E and F, to read as follows:'
Part A. That subsection (b) "Capital Projects" of Section 3.07 "Expenditure of
Village funds" of the Village Charter is amended, to read as follows:
Section 3.07. - Expenditure of Village funds.
(a) Generally. No funds of the Village shall be expended except pursuant to duly approved
appropriations.
(b) Capital Projects. The Council may authorize expenditures for: (I) the acquisition, lease,
construction, renovation, or improvement of public buildings or facilities; (ii) purchase or
lease of land; or (iii) the purchase of equipment. Each of the categories I, ii and iii,
irrespective of cost, is a "Capital Project". A resolution or ordinance, as required, approving
a Capital Project shall contain at a minimum a description and the projected cost of the
Capital Project and be specifically labeled "Capital Project Authorizing Resolution or
Ordinance" ("Capital Project Legislation").
***
PartB. That subsection (c) "Quorum and voting" of Section 4.01 "Council meeting
procedure" of the Village Charter is amended, to read as follows:
Section 4.01. - Council meeting procedure.
***
(c) Quorum and voting. Any four (4) members of the Council shall constitute a quorum but a
smaller number may adjourn from time to time and may compel the attendance of absent
members in a manner and subject to the penalties prescribed by the rules of the Council. Voting
on ordinances shall be by roll call on final action and shall be recorded in the
Proposed additions to existing Village Charter text are indicated by underlining; proposed deletions from existing
Village Charter text are indicated by at.;l.ah..,..slr. 2
minutes. Except as otherwise specially provided in this Charter, no action of the Council shall
be valid or binding unless adopted by the affirmative votes of at least four (4) Council Members.
In the event that four (4) or more members of the Council are ineligible to vote on a particular
matter due to required abstention pursuant to Florida law, then the remaining members of the
Council may vote and approve such matter by unanimous vote.
***
Part C. That subsection (b) of Section 4.14 "Special Assessments" of the Village
Charter is amended, to read as follows:
Section 4.14. - Special Assessments.
Properties may be specially assessed according to law; however, no properties shall be
specially assessed by the Village, unless:
(a) A majority of the owners of the properties to be specially assessed petition the Village
for a special assessment, or
(b) An election of the property owners to be specially assessed is held to approve the special
assessment and a majority of the property owners voting, one (1) vote per property, on a
proposed special assessment vote in its favor. The Village Council shall adopt, by ordinance,
notice provisions and procedures for conducting such elections. The Village shall utilize
mail -in ballots for elections held pursuant to this section.
***
PartD. That subsection (e)(ii) "Submission to electors" of Section 5.02 "Initiative
and referendum" of the Village Charter is amended, to read as follows:
Section 5.02. - Initiative and referendum.
***
(e) Action on petitions.
(I) Action by Council. When an initiative or referendum petition has been finally
determined sufficient, the Council shall promptly consider the proposed initiative ordinance
or reconsider the referred ordinance by voting its repeal, all in the manner provided in Article
IV. The repeal of an ordinance relating to the levy of ad valorem taxes shall be by resolution.
Proposed additions to existing Village Charter text are indicated by underlining; proposed deletions from existing
Village Charter text are indicated by 0ttkc .e,.rlr. 3
If the Council fails to adopt a proposed initiative ordinance without any change in substance
within forty-five (45) days or fails to repeal the referred ordinance within thirty (30) days (or,
in the case of a referendum authorized pursuant to paragraph (ii)(B) of subsection (a) of this
Section, within five (5) days after the date on which the petition is determined to be
sufficient), it shall submit the proposed or referred ordinance to the electors of the Village.
If the Council fails to act on a proposed initiative ordinance or a referred ordinance within
the time period contained in paragraph (I) of subsection (e) of this Section, the Council shall
be deemed to have failed to adopt the proposed initiative ordinance or failed to repeal the
referred ordinance on the last day that the Council was authorized to act on such matter.
(ii) Submission to electors. The vote of the Village on a proposed or referred ordinance shall
be held the earlier of: (a) the next regularly scheduled Mayoral or Council Member position
election, which is not a primary election: or (b) the next regularly scheduled countywide
election, which is not a primary election. not less than thirty (30) or morc than sixty (60) days
subscction (e) of this Scction that the pctition was deterrnincd sufficient. If do cc ion is to
earlier datc within the described period. Copies of the proposed or referred ordinance shall
be made available at the polls.
***
Part E. That subsection (b) "Submission to electors" of Section 6.02 "Procedure to
amend" of the Village Charter is amended, to read as follows:
Section 6.02. - Procedure to amend.
(a) Initiation. This Charter may be amended in two (2) ways:
(I) By ordinance. The Council may, by ordinance, propose amendments to this Charter and
upon passage of the initiating ordinance shall submit the proposed amendment to a vote of
the electors at the next general election held within the Village or at a special election called
for such purpose.
(ii) By petition. The electors of the Village may propose amendments to this Charter by
petition. Each petition proposing amendments to this Charter shall be commenced, in the
form, filed, certified as to its sufficiency and/or withdrawn in the same manner as an
ordinance proposed by initiative pursuant to Section 5.02.
(b) Submission to electors. Upon certification of the sufficiency of a petition, the Council
shall submit the proposed amendment to a vote of the electors at to be held the earlier of: (a)
the next regularly scheduled Mayoral or Council Member position election, which is not a
Village Charter text are indicated by strikethrengl..
Proposed additions to existing Village Charter text are indicated by underlining; proposed deletions from existing
4
primary election; or (b) the next regularly scheduled countywide general election, which is
not a primary election
(c) Results of election. If a majority of the qualified electors voting on a proposed
amendment vote for its adoption, it shall be considered adopted upon certification of the
election results. If conflicting amendments are adopted at the same election, the one
receiving the greatest number of affirmative votes shall prevail to the extent of such conflict.
***
PartF. That Section 7.06 "Charter revision" of the Village Charter is amended, to
read as follows:
Section 7.06. - Charter revision.
At its first regular meeting in December of every tenth fifth (510th) year
of this Charter, commencing in with December 2021 1996, the Council shall appoint a
Charter revision commission (the "Charter Revision Commission") consisting of five (5)
persons, one (1) of whom shall be a member of the Council serving a second consecutive
term as Council Member and four (4) of whom shall be electors of the Village. If there are
no Council Members serving a second consecutive term, the Council shall appoint to the
revision commission one (1) Council Member. The Mayor shall not be eligible for
appointment to the Charter Revision Commission. The Charter Revision Commission shall
commence its proceedings within forty-five (45) days after appointment by the Council. If
the Charter Revision Commission determines that a revision is needed, it shall draft such
amendments to this Charter as it deems appropriate and submit the same to the Council not
later than April 1 of the year following appointment. The report of the Charter Revision
Commission may grant to the Council the option of placing the proposed amendments on the
ballot for the next scheduled Village Mayoral or Council, countywide, statewide, or federal
election. Otherwise, the Council shall, not less than thirty (30) days or more than sixty (60)
days after submission of the proposed amendments to the Council, submit them to the
electors of the Village in accordance with the provisions of Section 6.02, except that the
provisions of subsections (a) and (b) of such Section shall not apply.
***
1 Proposed additions to existing Village Charter text are indicated by underlining; proposed deletions from existing
Village Charter text are indicated by st k,.,tlu ualt. 5
Section 3. Election Called. That a special election is hereby called, to be held on
Tuesday, the 6th day of November, 2012, in conjunction with the general election being held
on the same date, to present to the qualified electors of the Village of Key Biscayne, the
ballot questions provided in Section 4 of this Resolution.
Section 4. Form of Ballot. That the form of ballot for the Charter Amendments
provided for in Section 2 of this Resolution shall be substantially as follows:
"1. Leases of Land and Public Facilities To Comply With Charter
Procedures Required For Capital Projects.
The Village Charter currently does not define the term "Capital Project" to include
"leases" for land or public facilities. It is proposed that the Village Charter be
amended to require a description of the lease; cost; and the description of the lease
as a Capital Authorizing Resolution or Ordinance.
Shall the above- described Charter amendment be adopted?
[ ] Yes
[ ]
No
2. Resolutions of the Village Council May Be Approved By Voice Vote.
The Village Charter currently requires that approval of resolutions shall be by a roll
call vote. The Charter is proposed to be amended to allow the Village to approve
resolutions by voice vote, which is a common practice for local governments.
Shall the above -described Charter amendment be adopted?
[ ] Yes
[ ] No
i Proposed additions to existing Village Charter text are indicated by underlining; proposed deletions from existing
Village Charter text are indicated by striketiretret. 6
3. Special Assessment Elections Shall Be By Mail -In Ballot; Requiring
Adoption Of Procedures For Such Elections.
The Village Charter currently does not provide specific procedures for special
assessment elections. The proposed Charter amendment clarifies that a special
assessment election shall be by mail -in ballot, which is consistent with the Village's
previous practice. The proposed Charter amendment will require the Village Council
to adopt, by ordinance, notice provisions and procedures for conducting such
elections.
Shall the above- described Charter amendment be adopted?
[ ] Yes
[
] No
4. Scheduling Of Initiative Petitions And Referendum Elections.
To maximize voter turnout, the Charter is proposed to be amended to require an
initiative or referendum election to be held the earlier of: (a) the next regularly
scheduled Mayoral or Council Member election, which is not a primary election; or
(b) the next regularly scheduled countywide election, which is not a primary election.
Shall the above -described Charter amendment be adopted?
[ ] Yes
[
] No
5. Scheduling Of Elections On Charter Amendments.
To maximize voter turnout for elections on Charter amendments, the Charter is
proposed to be amended to require an election on Village Charter amendments to be
Proposed additions to existing Village Charter text are indicated by underlining; proposed deletions from existing
Village Charter text are indicated by striketh.o gh. 7
held the earlier of: (a) the next regularly scheduled Mayoral or Council Member
election, which is not a primary election; or (b) the next regularly scheduled
countywide election, which is not a primary election.
Shall the above -described Charter amendment be adopted?
[ ] Yes
[ ] No
6. Increasing Charter Review Commission Meeting Requirements from
Every Five Years to Every Ten Years.
The Village Charter currently requires the Charter Revision Commission to meet
every five (5) years. It is proposed to amend the Charter to change the Charter
Revision Commission's meeting requirement from every five years to every ten (10)
years.
Shall the above- described Charter amendment be adopted?
[ ] Yes
[ ] No"
Section 5. Balloting. That balloting shall be conducted between the hours of 7:00 a.m. to
7:00 p.m. on the date of the election. Absentee ballots shall be available. Early voting shall be
provided in conjunction with the general election. All qualified Village electors who are timely
registered in accordance with law shall be entitled to vote. The Village Clerk is authorized to obtain
any necessary election administration services from the Miami -Dade County (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
Proposed additions to existing Village Charter text are indicated by underlining; proposed deletions from existing
Village Charter text are indicated by striket+reugh. 8
accordance with the provisions of the general election laws. The Village Clerk and the County
Supervisor of Elections are hereby authorized to take all appropriate action necessary to carry into
effect and accomplish the provisions of this resolution. Pursuant to Section 2-102 of the Village
Code, this election shall be canvassed by the Village Clerk with assistance from the County
Supervisor of Elections, or as required by law.
Section 6. Notice of Election. That notice of said election shall be published in accordance
with Section 100.342, Fla. Stat., in a newspaper of general circulation within the Village at least 30
days prior to said election, the first publication to be in the fifth week prior to the election (to -wit:
during the week commencing Sunday, September 30, 2012), and the second publication to be in the
third week prior to the election (to -wit: during the week commencing Sunday, October 14, 2012),
and shall be in substantially the following form:
"NOTICE OF SPECIAL ELECTION
PUBLIC NOTICE IS HEREBY GIVEN THAT PURSUANT TO
RESOLUTION NO 2012- ADOPTED BY THE VILLAGE
COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA
(THE "VILLAGE"), A SPECIAL ELECTION HAS BEEN CALLED
AND ORDERED TO BE HELD WITHIN THE VILLAGE, IN
CONJUNCTION WITH THE GENERAL ELECTION, ON
TUESDAY, THE 6TH DAY OF NOVEMBER, 2012, AT WHICH
TIME THE FOLLOWING CHARTER AMENDMENT
PROPOSALS SHALL BE SUBMITTED TO THE QUALIFIED
ELECTORS OF THE VILLAGE.
Those certain six (6) proposed amendments to the Village Charter, which are commonly
referred to by the following ballot titles:
1. Leases of Land and Public Facilities To Comply With Charter Procedures Required
For Capital Projects.
2. Resolutions of the Village Council May Be Approved By Voice Vote.
Proposed additions to existing Village Charter text are indicated by underlining; proposed deletions from existing
Village Charter text are indicated by ,1.:1.UQuuus14. 9
3. Special Assessment Elections Shall Be By Mail -In Ballot; Requiring Adoption Of
Procedures For Such Elections.
4. Scheduling Of Initiative Petitions And Referendum Elections.
5. Scheduling Of Elections On Charter Amendments.
6. Increasing Charter Review Commission Meeting Requirements from Every Five
Years to Every Ten Years.
Polling place information, the enabling Resolution including the full text of the
proposed Village Charter Amendments and the ballot questions, are available at the
office of the Village Clerk located at 88 West McIntyre Street, Key Biscayne, Florida
33149.
Village Clerk"
Section 7. Copies. That copies of this Resolution concerning the Charter Amendments
are on file at the office of the Village Clerk, located at 88 West McIntyre Street, Key Biscayne,
Florida 33149, and is available for public inspection, during regular business hours.
Section 8. Effectiveness. That the Charter Amendments provided for in Section 2 above
shall become effective only if the majority of the qualified electors voting on the specific Charter
Amendment vote for its adoption, and it shall be considered adopted and effective upon
certification of the election results. Following adoption of the Charter Amendments, the Village
Clerk shall file the adopted Charter Amendments with the Clerk of the Circuit Court of Miami -
Dade County, Florida.
Section 9. Inclusion in the Charter. That subject to the requirements of Section 8
above, it is the intention of the Village Council and it is hereby provided that the Charter
Amendments shall become and be made a part of the Charter of the Village of Key Biscayne,
Proposed additions to existing Village Charter text are indicated by underlining; proposed deletions from existing
Village Charter text are indicated by strikethranah. 10
Florida; that the Sections of this Resolution may be renumbered or relettered to accomplish such
intention.
Section 10. Severability. The provisions of this Resolution are declared to be
severable and if any section, sentence, clause or phrase of this Resolution shall for any reason be
held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining
sections, sentences, clauses, and phrases of this Resolution but they shall remain in effect, it being
the legislative intent that this Resolution shall stand notwithstanding the invalidity of any part.
Section 11. Effective Date of Resolution. That this Resolution shall become
effective July 18, 2012.
PASSED AND ADOPTED this 12th day of June , 2012.
MAYO FRANKLIN H. C
k.c
ATT
1 siledk,ka
C • ' CHITA H. ALVAREZ, MMC, VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
F,i It- *
•
VILLAGE ATTORNEY
Proposed additions to existing Village Charter text are indicated by underlining; proposed deletions from existing
Village Charter text are indicated by a t.ik..tL..,usl:. 11