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
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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
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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
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(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
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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
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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
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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
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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
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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
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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
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