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HomeMy Public PortalAbout02-07-02 Charter Revision Commission.tifMINUTES CHARTER REVISION COMMISSION VILLAGE OF KEY BISCAYNE, FLORIDA THURSDAY, FEBRUARY 7, 2002 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR The meeting was called to order by the Vice Chairman at 7 05 p m Present were Commission Members Stuart D Ames, Michael Kelly and Vice Chairman Michael Kahn Commissioner Luis Lauredo and Chairman Martha F Broucek were absent Also present were Village Manager C Samuel Kissinger, Village Clerk Conchita H Alvarez and Village Attorney Richard Weiss Commissioner Kelly made a motion to approve the minutes of the January 30, 2002 meeting Commissioner Ames requested that a scnveners error on page three (3) of the minutes be corrected as follows Commissioner Ames discussed the possibility of voting for specific seats The motion as amended was seconded by Commissioner Ames The minutes as amended were approved by a 3-0 voice vote The vote was as follows Commissioners Ames, Kelly and Vice Chairman Kahn voting Yes Commissioner Ames addressed the Commission regarding Section 2 02 Mayor and Vice Mayor (a) Mayor recommending the following language Section 2 02 Mayor and Vice Mayor (a) Mayor (a) Mayor The Mayor shall preside at meetings of the Council, be a voting member of the Council, and establish and appoint Committees compnsed solely of Council Members The 1 of Mr Michael Futterman, CPA, Director for Rachlin Cohen & Holtz LLP Certified Public Accountants made a presentation to the Council regarding the 2001 Comprehensive Annual Financial Report Ms Carol Diaz -Castro, Chair, Ed Easton, Vice Chair and Henny Groschel-Becker, Building Review Committee addressed the Council submitting a Final Report The following recommendations were made by the Committee 1 The plan for the Fire Station should remain unchanged 2 As to the Police/Administration building, the floor plan should be changed in accordance with the Spillis Candela plan presented at the February 11, 2002 Building Review Committee meeting with the following conditions a) The second floor of the building should remain unchanged in accordance with the floor plan, b) The community room on the first floor should be returned for use by the Chamber of Commerce, c) The total cost for these plans and retrofit construction shall not exceed $200,000 In the event that the cost of plans and retrofit exceeds $200,000, the Committee does not recommend that the Village go forward with these changes Nina Gladstone, Project Manager, with Spillis Candela addressed the Council presenting the proposed changes to the first floor Raul Lastra, 0 B M Miami, addressed the Council regarding the west wing of the Fire Station Chief Flaherty and Jud Kurlancheek, Building, Zoning and Planning addressed the Council regarding the proposed changes Vice Mayor Oldakowski made a motion accepting the Final Report presented by the Building Review Committee The motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote The vote was as follows Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes The Mayor, on behalf of the Council, expressed his appreciation to the Committee for a job well done 5 PUBLIC COMMENTS The following residents addressed the Council Isabel Gambino, 676 Ridgewood Road, Susan Krupmck, Key Biscayne and James Taintor, 355 Harbor Dnve 6 AGENDA Vice Mayor Oldakowski requested the addition of a motion to approve the recommendations of the Building Review Committee as presented in their report, immediately before Item 10A1 and a motion regarding the transition period of the Village Manager as Item 10A10, Councilmember Bass requested to withdraw Items 10A2 and 10A3, Councilmember Broucek requested to hear Items 9B and 10A5 at the same time and Councilmember Bass requested the addition of a discussion regarding holdmg a referendum on the Recreation Center as Item 10A9 There was no objection to the agenda changes 2of10 February 7 2002 Commissioner Kelly made a motion to approve Section 2 03 as redrafted The motion was seconded by Commissioner Ames and approved by a 3-0 voice vote The vote was as follows Commissioners Ames, Kelly and Vice Chairman Kahn voting Yes John Festa, 695 Harbor Lane addressed the Commission regarding term limits It was the consensus of the Commission that at the last revision the Attorney will provide language addressing both alternatives three consecutive two year terms or four consecutive two year terms Adopting the changed embodied in Section 2 03 will necessitate changes in Sections 5 01(d) and (e), which have been redrafted to read Section 5 01 Elections *** (d) Primary election The ballot for the pnmary election shall contain the names of all qualified candidates for Mayor and for the thrcc (3) Counc11n 1nbcfs' six (6) Council positions terms expiring, and shall instruct electors to cast one (1) vote for Mayor and no more than thrcc (3) six (6) votes for Council, with a maximum of one (1) vote per candidate If any candidate for Mayor receives a number of votes greater than fifty percent (50%) of the total number of ballots cast, such candidate shall be the duly elected Mayor, and no regular election for Mayor shall be required If any candidate(s) for Council receive(s) a number of votes greater than fifty percent (50%) of the total number of ballots cast, such candidate(s) shall be duly elected to the Council, and the number of positions contested in the regular election shall be decreased accordingly (e) Regular election The ballot for the regular election shall contain the names of the two (2) candidates for Mayor who received the most votes in the pnmary election The ballot for the regular election shall also contain the names of the sin -(6) twelve (12) candidates for Council who received the most votes in the primary election, provided that if any Council positions were filled in the primary election, the number of Council candidates on the ballot shall be a number equal to the remaining number of Council positions to be filled, times two (2) The ballot shall instruct electors to cast one (1) vote for Mayor and to cast a number of votes for the Council not greater than the number o f c ontested Council positions, with a maximum of one (1) vote per candidate The candidate for Mayor receiving the most votes shall be the duly elected Mayor The candidates for Council receiving the most votes, respectively, shall be duly elected to the remaining positions to be filled on the Council Commissioner Ames made a motion to approve the redrafted language of Section 5 01 The motion was seconded by Commissioner Kelly and approved by a 3-0 voice vote The vote was as follows Commissioners Ames, Kelly and Vice Chairman Kahn voting Yes 3 of February 7 2002 Proposed Transition Provisions to facilitate change to two-year terms (a) Transition This Section shall apply to all primary and regular elections for Council a_nd Mayor held in 2002. and any conflictingprovisions of Sections 2 03 and 5 01 shalt not appjy to such elections. (b) 2002 Elections Pnmary and regular elections shall be held in 2002 in the manner described in Section 5.01. except that only three (3) Council Members shall be elected. The tree (3) Council Members shall serve two (2) year terms Thereafter all primary and regular elections shall be held pursuant to the procedures set forth in Section 2 03 and Section 5 01 Commissioner Kelly made a motion to approve the proposed Transition Provisions The motion was seconded by Commissioner Ames and approved by a 3-0 voice vote The vote was as follows Commissioners Ames, Kelly and Vice Chairman Kahn voting Yes Section 2 07 has been redrafted to read Section 2 07 No compensation, reimbursement for expenses Council Members (including the Mayor) shall serve without compensation but shall receive reimbursement for authonzed travel and per diem expenses incurred in the performance of their official duties in accordance with applicable law, or as may be otherwise provided by ordinance.,7for Commissioner Kelly made a motion to approve Section 2 07 as redrafted The motion was seconded by Commissioner Ames and approved by a 3-0 voice vote The vote was as follows Commissioners Ames, Kelly and Vice Chairman Kahn voting Yes Section 3 07 has been redrafted to read Section 3 07 Expenditure of Village funds No funds of the Village shall be expended except pursuant to duly approved appropnations Where a resolution has been adopted pursuant to Section 5 02 setting an election, and the Council approves an expenditure of funds to inform the public of their position with respect to a particular ballot question via mailings. advertising. web pages. or the like (collectively "Communications"), that Communication shall also rnform the public of any minority position of the Council ("Minonty Position"). A Council Committee shall be formed for each Minonty Position. comprised solely of Council Members who hold that Mmonty Position. The content of the Communication relating to each Minority Position shall be determined by the Council Committee representing that Minonty Position. The resolution authorizing the Communication Expenditure shall specify the type of 4 of 9 February 7 2002 Communication and the date of the Minority Position statement shall be completed and submitted to the Manager for inclusion in the Communication_ All Cnmm„n,nat,�nc cha11 ,,,-P�P�t �„�,,,ri�, ,,,a m nority p ositions 1111 dentical fashion 1 n t erms o f s c olor, t ype, leriggLetc._ T he C ouncil ommittee s created by operation of this Section shall sunset upon the date the Communica ,nn is effected The Attorney addressed the Commission regarding Section 3 07 Commissioner Ames suggested to insert the following language in the next to the last sentence of Section 3 07 as follows All communications shall present majority and minonty positions in substantially the same fashion, so that no one position is given prominence over any other position. John Festa, 695 Harbor Lane, Conchita Suarez, 201 Crandon Boulevard and Pat Weinman, 940 Mariner Drive addressed the Commission Vice Chairman Kahn discussed the issue between "majority and minonty" among Councilmembers Commissioner Kelly made a motion to approve Section 3 07 Expenditure of Village funds with the following amendment All Communications shall present majority and minority positions in identical substantially the same fashion . _ and other physical charactenstics The motion was seconded by a Commissioner Ames and approved by a 3-0 voice vote The vote was as follows Commissioners Ames, Kelly and Vice Chairman Kahn voting Yes Vice Chairman Kahn requested a three (3) minute recess The meeting was reconvened at 8 10 p m Sec 3 08 Competitive bid requirement No discussion Conchita Suarez, 201 Crandon Boulevard addressed the Commission The Manager a nd Ju d K urlancheek, D irector o f B uilding, Z oning a nd P Tanning a ddressed t he Commission regarding the bid process Sec 3 09 Removal of Council Appointees No discussion The Attorney addressed the Commission explaining Section 3 09 Article IV - Legislative 5 of 9 February 7 2002 Sec 4 01 Council meeting procedure There was extensive discussion from the Commissioners regarding this section John Festa, 695 Harbor Lane addressed the Commission regarding the Council Meeting procedure No changes were made to Section 4 01 Sec 4 02 Prohibitions (a) Appointment(s) and removals (b) Interference with administration (c) Holding other office No discussion Richard Gregone, Key Biscayne addressed the Commission regarding Section 4 02 Sec 4 03 Action requiring an ordinance There was some discussion regarding this section John Festa, 695 Harbor Lane addressed the Commission regarding Section 4 03 It was the consensus of the Commission to direct the Attorney to look at the words in this section "Village office, department, board or agency" related to an action requiring an ordinance No changes were made to Section 4 03 Sec 4 04 Emergency ordinances No discussion Sec 4 05 Annual budget adoption No discussion Sec 4 06 Fiscal year No discussion Sec 4 07 Appropriation amendments during the fiscal year No discussion Sec 4 08 Authentication, recording and disposition of Ordinances, resolutions and charter amendments No discussion Sec 4 09 Tax levy No discussion Sec 4 10 Borrowing There was discussion among the Commissioners regarding this section The Attorney and the Manager addressed the Commission regarding Section 4 10 6of9 February 7 2002 Richard Gregone, Key Biscayne and John Festa, 695 Harbor Lane addressed the Commission regarding this Section The Clerk read into the record a statement by Pat Weinman, 940 Manner Dnve regarding this section No changes were made to Section 4 10 Sec 4 11 Revenue Sharing No discussion Sec 4 12 Village boards and agencies The Attorney addressed the Commission regarding this section Commissioner Ames made a motion to delete Section 4 12 Village boards and agencies The motion was seconded by Vice Chairman Kahn and approved by a 3-0 voice vote The vote was as follows Commissioners Ames, Kelly and Vice Chairman Kahn voting Yes Sec 4 13 Village Code, Ordinances and Resolutions No discussion Sec 4 14 Special Assessments No discussion Article V - Elections Sec 5 01 Elections There was extensive discussion from Commissioners regarding this section This Section was revised at the beginning of the meeting Sec 5 02 Initiative and referendum There was extensive discussion from Commissioners regarding this section Conchita Suarez, 201 Crandon Boulevard, Richard Gregone, Key Biscayne and John Festa, 695 Harbor Lane addressed the Commission The Attorney proposed to change the language in Section 5 02 (b) Commencement of proceedings to include language requinng the Attorney to review petitions as to legal sufficiency at the Village's expense Vice Chairman Kahn requested a 3 minute recess The meeting was reconvened at 9 40 p m 7of9 February 7 2002 Commissioner Kelly made a motion to accept the recommendation made by the Attorney regarding Section 5 02 (b) Commencement of proceedings Commissioner Ames amended the motion to include language requiring the Attorney to respond in a timely manner, as to the legal sufficiency of a petition Commissioner Kelly accepted the friendly amendment Commissioner Ames seconded the motion as amended and it was approved by a 3-0 voice vote The vote was as follows Commissioners Ames, Kelly and Vice Chairman Kahn voting Yes The Attorney suggested draft language to include a 30 day limitation clause, for initiative and referendum for capital improvement projects, from approval of the contract Notification procedure for residents regarding approval of contracts for capital improvement projects was also suggested John Festa, 695 Harbor Lane, Richard Gregone, Key Biscayne, Conchita Suarez, 201 Crandon Boulevard and Linda Davitian, 720 Myrtlewood Lane addressed the Council Vice Mayor Kahn made a motion instructing the Attorney to draft language to reflect the above recommendations The motion was seconded by Commissioner Kelly and approved by a 3-0 voice vote The vote was as follows Commissioners Ames, Kelly and Vice Chairman Kahn voting Yes Commissioner Kelly made a motion amending Section 5 02 (c) Petitions 11 Form and content that the petitioners form include a section descnbing the proposed amendment in plain English The motion was seconded by Commissioner Ames and approved by a 3-0 voice vote The vote was as follows Commissioners Ames, Kelly and Vice Chairman Kahn voting Yes John Festa, 695 Harbor Lane addressed the Commission regarding this amendment Sec 5 03 Form of ballots No discussion The next meeting of the Charter Revision Commission will be on Thursday, February 21, 2002 at 7 00 p m in the Council Chamber The discussion will begin with Article VI Charter Amendments The meeting was adjourned at 10 20 p m ctfully submi eg, a,..N° onchita H Alvarez, CMC Village Clerk 8of9 February 7 2002 Approved by the Commission this 21st day of February , 2002 --' •Ya.-' !/- 4- :-./.-).-15/F414/ Martha F Broucek Chairman IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CHARTER REVIEW COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING, THAT PERSON 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 9of9